ATLAS - Several residents attended Wednesday's Mount Carmel Township supervisors meeting to voice concern about work being done to renovate a burned-out breaker, and the discussion turned heated between a resident and the township's solicitor.
Several members of the community offered public comment against the operation of D. Molesevich and Sons Construction Company, which has been the subject of repeated complaints, even though the company follows DEP orders to clean up the site. Supervisor Joseph Zanella said the discussion at Wednesday's meeting was nothing the supervisors haven't heard before.
Joseph Chimel, of Atlas, disagreed, confronting the supervisors about several township zoning laws he feels Molesevich is violating.
"According to the ordinance, no mining is allowed to be done on the site other than between 7 a.m. to 11 p.m. Monday through Saturday, with no mining done on Sunday," Chimel said Thursday.
The resident said during the meeting, that on Sundays he can hear Molesevich working.
Chimel said the zoning officer and township police Chief Brian Hollenbush said Molesevich repairs equipment on Sundays. According to Chimel, the township's zoning code restricts Molesevich from doing any type of work, including repairs, on Sunday.
The code states: "No mining or processing operations of any sort shall be allowed earlier than 7 a.m. or later than 11 p.m. during each day of the week except Sunday, when no mining activities shall be permitted."
In an earlier section of the code, mining is defined as "The process or business of extracting coal, sand, gravel, rock, stone or other minerals from an excavation in the earth, whether that excavation be a deep mine, surface mine or borrow pit. This definition is intended to include the excavation, site, surface buildings, shafts and equipment."
"The definition includes the running of the equipment, which he is doing on Sunday. He's in violation," Chimel remarked.
Chimel said Molesevich's work takes away from the tranquility of the small village.
"The breaker is about a block away from homes and a playground. We can't even get one day a week free from the noise that we have to put up with. The township is not listening to our concerns," Chimel said.
The resident added that he was the subject of hostility from township solicitor Vincent Rovito.
"At times, he pointed at me like accusing me," he said. "He went so far as to say to me, 'If you don't like it, move.'"
Rovito said that he did make the moving comment, but that it was taken out of context.
"What I said to Mr. Chimel was said that with the township not being able to do anything about it, he has two options: either hire an attorney and take Mr. Molesevich to court, or move," the attorney said.
Rovito said the township will not cite Molesevich unless he violates township law, which, according to Rovito, he hasn't.
"We are not going to subject ourselves to a lawsuit due to us depriving Mr. Molesevich of the right to earn a living. In the record of the meeting, he stated that he has an agenda, and that is to close down the operation," Rovito said.
Chimel said he won't give up.
"I will fight this until the day I die," he said.
Other business
The board voted unanimously to revise the township's peddling and soliciting ordinance and its zoning fees ordinance.
The fee for a zoning hearing was increased from $300 to $500. Zanella said the change is not designed to increase revenue, but was adopted to cover the board's costs.
"The $300 fee was not covering our costs for the board when we held a zoning hearing, so the increase changed that," Zanella said.
Zanella and Supervisor Charles Gasperetti voted for the revision; Supervisor Reynold Scicchitano was absent.
The peddling ordinance fee increased from $25 for a six-month license to $80, and established a $150 fee for a year-long license.
The board advertised for street paving and repair bids for the coming year. The supervisors hope to repair and pave a portion of the entrance to Den-Mar Gardens and sections of Diamondtown and Locust Gap.
The members also voted to advertise an ordinance to collect any legal fees the township may incur when collecting fees for municipal services. The Mount Carmel Volunteer Emergency Services Association was also approved to set off a fireworks display on Helfrick's Mountain July 30, with a rain date of July 31.
Township police officer David Stamets was given a certificate of commendation for his work organizing the April 29 raid for bath salts and synthetic marijuana at the Choice Cigarette Outlet in Atlas.