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Supervisors approve Daniel's Concrete noise barrier over procedural objections; vote splits 2-1
Summary
Salem Township approved a request from Daniel's Concrete to construct a noise barrier by a 2-1 vote despite residents and planning staff urging completion of outstanding land-development permits first. Opponents warned the action could create liability and undermine process; proponents said it mitigates neighbor impacts while approvals continue.
The Salem Township Board of Supervisors voted 2-1 on April 16 to allow Daniel's Concrete to construct a noise barrier around an existing ready-mix silo while several other land-development approvals remain outstanding.
Solicitor Falatovich advised the board that the barrier itself did not implicate pending stormwater, erosion-and-sedimentation (E&S) or PennDOT highway-occupancy-permit conditions and that the supervisors had the authority to permit the structure if they required submission of drawings to the Township Building Code Official. Falatovich said the board could grant a permit "subject to submitting drawings to Dave Jobe and issuing permit for the construction of a barrier."
Supervisor Kerry Jobe urged caution. "When we jump ahead, we can create a liability for the Township," he said, arguing that approving construction now could be used as evidence of an implicit permit if other outstanding approvals like HOP or NPDES were later denied. Resident Connie Mattei and other neighbors warned the board that issuing a permit before land-development conditions are resolved would repeat mistakes from past cases and expose the township to enforcement issues under the SALDO.
Supervisor Ken Trumbetta said the township should work with property owners and emphasized the need to reduce noise for neighbors while remaining mindful of pending approvals. After debate, Bob Zundel and Ken Trumbetta voted in favor; Jobe voted no.
The motion passed on a majority vote. Opponents said they will monitor subsequent permitting steps and noted the construction should be shown on any revised plans that are ultimately recorded. The board also discussed that a building permit from the Township BCO would still be required with submitted construction drawings.
The issue arose during consideration of an existing land-development application for the Daniel's Concrete site; supervisors referenced prior email communications and a preliminary plan approval conditioned on stormwater, E&S, and HOP permitting. The board's decision authorizes construction of the barrier while those outstanding matters continue to be resolved.
