Zoning Board votes down permit for natural gas operation

WEIRTON -- Following almost three hours of comments and testimony Tuesday, the Weirton Zoning Board of Appeals unanimously voted down a request for a conditional use permit which would have allowed Southwestern Energy to establish a natural gas well pad operation within city limits.

The request initially came before the board during its August meeting, with members opting to carry it to this month's meeting in order to allow for additional information.

Southwestern, also known as SWN Production, had proposed an operation on approximately 300 acres of the Brownlee property located off of Park Drive.

Seventeen individuals spoke during Tuesday's meeting, most standing in opposition to the request. Among those were neighboring property owners and representatives of nearby businesses.

George Hvizdak, who said he owns property neighboring the Brownlee property, said he could think of other uses for the property which he said would be more beneficial to the community.

"It's a nice place that could be used for trails or development besides a well pad," he said.

Barb Barkley, general manager of the Fairfield Inn and Suites by Marriott, spoke on behalf of the hotel's ownership, SJB Hotels, in requesting the request be denied, citing potential negative impacts on the hotel's guests and other businesses.

Eric Frankovitch of Park Drive Development LLC noted the proximity of the project to his group's property, which currently is targeted for retail and residential development, with plans for additional growth.

"We can't do this if there's going to be a gas well," Frankovitch said, noting he also feels the city's Unified Development Ordinance would provide a path toward denying the proposal through the question of whether the proposed well pad would be beneficial or detrimental to the community.

Others spoke of concern of potential pollution, increased traffic, decreased property values and notations of prior environmental violations by Southwestern Energy in other areas of West Virginia and Pennsylvania.

The only resident to speak in favor of the proposal was local developer Mike Chek, who encouraged the board to vote in favor by citing the potential tax revenue for the city of Weirton and Brooke County. Weirton Council, he said, adopted a 6 percent severance tax on such operations in 2012.

"That is all revenue which could stay in the city," Chek said, also noting increases in tax revenue the state has experienced because of natural gas activity in West Virginia.

Much of Tuesday's discussion focused on the potential impact of traffic if the operation were to go forward, with Mark Colantonio, an attorney and engineer representing the city, and Jeff DePaolis of Civil and Environmental Consultants speaking on behalf of Southwestern Energy, debating whether the study, which was not required for the permit application, was performed adequately.

The study, it was noted, was performed on Feb. 17, with one individual hand counting, with the aid of cameras, traffic traveling through three intersections on Three Springs Drive, for an interval in the morning and one in the late afternoon.

DePaolis explained the methods used are the industry standard for traffic surveys, noting they also used statistics from 2017 to help calculate potential traffic increases in the area. Colantonio, however, noted various development projects which have happened, or are planned, for Three Springs Drive, which would have an effect on traffic.

Although the request was denied Tuesday, several individuals noted there is still the possibility Southwestern Energy could appeal the decision, either to the board itself or through Brooke County Circuit Court.