Duryea residents seek Luzerne County’s aid on Copart site

Several Duryea residents asked Luzerne County Council for help addressing an auto auction business expansion that wiped out a wooded area along their properties that had emerged after coal mining ceased there many years ago.

Council members said during Tuesday’s meeting they don’t have authority to stop the expansion but would work on a letter urging the McAlpine Street business owner — Copart — to consider including a tree buffer zone along the portion of the project fronting residential properties.

And while it won’t make a difference in this situation, council members discussed plans to institute a policy requiring the county to use certified mail instead of regular mail when property owners are notified of zoning requests in their neighborhoods.

Although plans for the Copart property predated his August 2020 hiring, county Planning/Zoning Director Matthew Jones presented a detailed account during Tuesday’s meeting based on comprehensive records kept by the office:

Duryea is among 20 municipalities that rely on the county for zoning services because the borough has not enacted its own code.

In January 2008, Copart received a use variance from the county Zoning Hearing Board to store collision-damaged vehicles on its 15-acre parcel as part of an online auction business. The approval also allowed an office trailer, business sign and 8-foot fence.

Weeks before that zoning hearing, which was publicly advertised, certified notices were sent to neighbors within 100 feet informing them of Copart’s request and inviting them to the hearing to testify for or against. No residents appeared to raise concerns at the time.

State and county law does not require the county to send these notifications, but it has long been informal county practice to notify neighbors of zoning hearings, Jones said. At some point before his tenure, the informal county practice changed from certified mail notices to regular mail, he said.

In 2020, Copart sought a similar use variance to expand the business to its adjacent 30-acre parcel, which is closer to residences along the 200 block of McAlpine.

Staff verified notices of the publicly-advertised hearing were sent to 25 property owners in June that year, but this time by regular mail, Jones said. Residents speaking Tuesday said nobody received the notices. Jones said at least 30 people attended the hearing in response to regular-mail notices they received about other matters on the agenda, but nobody appeared to object to the Copart application.

The board granted the variance in July 2020 conditioned on Copart’s submission of a report on how it plans to capture stormwater on site to prevent runoff to other properties. The county approved the resulting stormwater plan in November 2022, which called for installation of stormwater basins.

Both Copart parcels are on a former strip mine site and have been zoned industrial since 1968.

Jones said he appreciates nature and is personally sympathetic to the loss of trees but pointed to the site’s zoning. Copart’s use of the property may be “relatively benign” compared to other possibilities that would have to be permitted without a special hearing, he said, citing examples of a trucking depot, bulk fuel storage facility, manufacturing plant, distribution warehouse or reactivated mining.

Councilman Kevin Lescavage suggested the idea of reaching out to Copart requesting a “good neighbor” plan to create a buffer zone with trees.

Lescavage said he feels residents’ pain but understands zoning sometimes dictates use. He encouraged the public to research zoning of parcels around them before purchasing property.

Councilwoman LeeAnn McDermott said council should prepare a letter requesting a buffer because it may carry more weight with Copart.

A Copart representative was in the process of seeking a company response to the suggestion of a tree buffer Wednesday.

For future development requests, Jones said council can revise the code to mandate tree buffers for new industrial development bordering residential properties.

Councilman Tim McGinley also requested an upcoming council vote requiring the county to send certified notices of zoning hearings to surrounding property owners.

McAlpine Street resident Dolores Voda was visibly upset at the podium Tuesday recalling her shock discovering the trees cut down. She and her husband, David, purchased the residence in 2022 and felt relaxed with all the beautiful trees, she said.

“Now it’s just barren,” she said. “It’s not right.”

David Voda said he was led to believe the adjacent land would remain wooded when he bought the property and worries about fluid leaking from the vehicles kept there. He also expects his property value will depreciate as a result.

Colleen McAndrew said she lived on McAlpine Street since 1987 and loved it until the morning it looked “like a tornado went off” with the removal of trees. McAndrew said she never received a letter informing her of the 2020 zoning hearing and would appreciate a fence or other accommodations so she and her neighbors don’t have to look at the new landscape.

“It’s just devastating. It’s not a pretty sight. It’s disgusting,” she said.

Resident Lisa Fischer expressed concerns about the environmental impact and presented folders of information to council members about her research that was subsequently posted as an attachment to Tuesday’s council agenda at luzernecounty.org.