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Sharon Solt


Carson Helfrich <>

Monday, March 24, 2014 9:24 AM


James A. Wimmer; Dettore, Christine; Koopman, Eric; Meinhart-Fritz, Christine

Fw: Eldred Township Zoning Ordinance


This should have gone to the Township.

Carson Helfrich
Community Planning and Management, LLC
107 Bennett Lane
Paupack, PA 18451
570-857 -0282
--- Original Message --Fr6m;::JameiA~~WJnrfflf3r/r
Sent: Friday, March 21,20142:32 PM
Subject: Eldred Township Zoning Ordinance

Dear Mr. Helfrich,

As we discussed yesterday, last night I attended the Eldred TOvvTIship Plarming Commission
meeting with my client, Rick Gower. \Ne explained that the proposed Zoning Ordinance, as drafted
would preclude lVIr. Gower's use of his property fbr the extraction of underground spring water for
potable use. lVIr. Gower's property, 'which is in the TOvVTIship's Commercial District, has at least
seven or eight productive sprmgs. The defined use "\Vater BottlinglExtraction", based on the
definition in the current Zoning Ordinance, is permitted in the Commercial District as a special
The Proposed Ordinance has changed the definition of "Water BottlinglExtraction", as follows:
Water ExtractionIBottling - Any use which involves the pumping
or removal of water from groundwater sources, with or without
bottling, for retail or wholesale sale. Considered industry for the
purposes of regulation by this Ordinance. Emphasis in original.
Re-designating this use as industry makes it impermissible in the Commercial District. Under
the Proposed Ordinance, this use could only be conducted in the Township's Industrial
District. We do question whether it is a good idea to extract spring water for potable use in an

industrial district given potential risks associated with traditional industrial uses. The Planning
Commission clearly agreed with us.
As you may already be aware, last night the Eldred Township Planning Commission
recommended that the proposed Zoning Ordinance not be adopted as drafted. However, they
also recommended that, if it is adopted, the Supervisors consider changing the definition of
"Water Bottling/Extraction" to preserve the current potential use in the Commercial
District. Specifically, we request that the definition for "Water Bottling/Extraction", found in
Article III, be changed to read as follows:
Water ExtractionIBottling - Any use which involves the pumping
or removal of water from groundwater sources, with or without
bottling, for retail or wholesale sale. Considered lv.fanujacturing,
Light for the purposes of regulation by this Ordinance.
We feel that this is an appropriate description of the type of activity associated with the
development of underground spring water, especially in the case of Mr. Gower's property, as
he does not intend for bottling to actually take place on his property. Instead, he intends to
withdraw the resource and transport it off property to an end purchaser. This type of use has
been in existence at his property for the better part of a century, the only difference being the
character of the resource being developed; sand and clay as opposed to water.
Last night there seemed to be some uncertainty about the procedure for adoption of the
proposed Zoning Ordinance. I understand that there will be a public meting on March 27 th , with
the supervisors of all four townships in attendance. This was described as both a hearing and a
meeting, but it was not clear whether a vote would take place that night. I was also unable to
get clear guidance on hovv any proposed changes would be incorporated into the proposed
Zoning Ordinance. Solicitor Lyons did indicate that the ~10nroe County Planning Commission
had identified several minor changes that should be made, and I assume that these would be
made prior to adoption. Inasmuch as the Township Planning Commission has endorsed our
requested change, I would ask that you revise the proposed Zoning Ordinance accordingly prior
to any vote, and I would further ask that you confirm when this revision has been made. Also,
if you know, please let me know your understanding of the procedure moving forward.
I thank you for your help in this matter and please call me with any questions.
Best regards,
Jim Wimmer

.james A. Wimmer, Esq.

Philip & Wimmer
419 Delaware Avenue
P.O. Box 157
Palmerton, PA 18071
Telephone: 610-826-2500
Fax: 610-826-2501

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