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Residents say Daniels Excavating began Route 819 development without permits; board calls it an enforcement matter
Summary
At the July 17 meeting, residents accused Daniels Excavating of starting land development on Route 819 in 2020 without required land-development submissions or Highway Occupancy permits; the solicitor said enforcement is underway and the company has been cooperative. Residents raised safety, noise and taxation concerns.
Several Salem Township residents used the July 17 meeting to press supervisors over land-development work by Daniels Excavating along Route 819, alleging construction began in 2020 without submission of a land-development application or required permits.
Resident Lisa Sagina told the board that the development began in 2020 and said she and other abutting property owners did not receive timely notice; she urged the supervisors to explain why a stop-work order was not issued. "Ignorance of the law or bad advice is no excuse," Sagina said in the minutes. She also asked whether any board members or the solicitor were personal friends with Jim Daniels; Solicitor Falatovich and Supervisor Kerry Jobe said they are not personal friends, while Supervisor Bob Zundel acknowledged he has been friends with the Daniels family for 35 to 40 years and admitted seeing development activity.
Sagina and other residents asked whether Daniels had approached township officials about permit needs; board members said they had not. Solicitor Falatovich described the matter as an enforcement issue and said Daniels has been cooperative while the township works to obtain compliance. Falatovich also stated in the minutes that the township's ordinances allow some work to begin without a PennDOT Highway Occupancy permit: "if you don't have a Highway Occupancy permit, you can still start to build as far as our ordinances are concerned," according to the minutes.
Nearby property owner Matt Humes raised concerns about driveway location and site distances at Kennan Road and Route 819, saying the intersection is already dangerous when pulling out. Abutting resident Ron Muir said noise from the development has been especially disruptive; Muir provided a copy of Pennsylvania nuisance law for the board to review. Resident Debbie Perino and others asked whether lack of building permits meant properties were not being taxed appropriately, and whether the township could impose penalties through its Subdivision and Land Development Ordinance (SALDO).
Sagina said she received a July 1 voicemail from PennDOT that the township is responsible for trimming brush and maintaining site distances where township roads intersect Route 819. The minutes record no stop-work order or a formal enforcement motion at the meeting; supervisors and the solicitor said staff had discussed the matter in non-public staff meetings but had not previously raised it in a public meeting. Residents asked the board to consider tightening SALDO enforcement and appointment processes for the Recreation Board to improve public input on future projects.
The minutes do not record any formal action against Daniels Excavating at this meeting. Board members said the township is working on enforcement steps; the minutes do not specify a timeline.
