Luzerne County Planning/Zoning senior planner Patrick Dooley (standing) shows development plans to Planning Commission members, from left, Karen Fleisher, William Kane and Vice Chairwoman Cinda Hartman during a proceeding Thursday at the county courthouse in Wilkes-Barre.
                                 Jennifer Learn-Andes | Times Leader

Luzerne County Planning/Zoning senior planner Patrick Dooley (standing) shows development plans to Planning Commission members, from left, Karen Fleisher, William Kane and Vice Chairwoman Cinda Hartman during a proceeding Thursday at the county courthouse in Wilkes-Barre.

Jennifer Learn-Andes | Times Leader

<p>Wyoming Borough property owner Emily Kopiak, left, raised complaints Thursday about a new Sheetz slated for construction adjacent to her residence.</p>
                                 <p>Jennifer Learn-Andes | Times Leader</p>

Wyoming Borough property owner Emily Kopiak, left, raised complaints Thursday about a new Sheetz slated for construction adjacent to her residence.

Jennifer Learn-Andes | Times Leader

<p>Jones</p>

Jones

After hearing complaints from neighboring residents Thursday, Luzerne County’s Planning Commission approved final land development plans for a new Sheetz at Wyoming Avenue and Sixth Street in Wyoming Borough.

That means the project has authorization to proceed as long as it meets several conditions set by the commission, including approval of a highway occupancy permit from the Pennsylvania Department of Transportation, an erosion and sediment plan from the Luzerne Conservation District and submission of a $1.59 million financial security guarantee.

The 4,966-square-foot fast food/convenience market will have 10 gas pumps and be situated on a 2.05-acre site that has a community business district zoning designation. While residential properties abut the site, officials said the convenience market/gas station is an allowable use under this type of zoning, which has been in place for many years at that location.

County Planning/Zoning Director Matthew Jones told concerned neighbors gathered at the courthouse in Wilkes-Barre the borough handles its own zoning decisions, instead of relying on the county for that service.

Wyoming still opts to have the county handle its subdivision and land development administration, which is why the county Planning Commission is involved, Jones said. As a result, plans must adhere to the county’s subdivision/land development ordinance, he said.

Attorney Angelo Terrana, who represents Sheetz and the investment entity purchasing the property, said the project conforms with permitted uses and did not require any requests for variances.

Tom Reilly, president of Reilly Associates in Pittston, which is working for the project developer, described agreements to contain stormwater runoff, install 6-foot-high privacy fencing along all residences and use lighting that is “night-sky compliant” and does not shine on neighboring houses.

Sixth Street property owner Emily Kopiak raised several complaints, saying her residence is less than 5 feet from the Sheetz access driveway.

Kopiak said she will have to move because round-the-clock noise from the business will prevent her from sleeping and performing her work-from-home government position.

“You’re pushing me out of my neighborhood. I’ve been there 14 years,” Kopiak said, adding that she recently invested tens of thousands of dollars in improvements to her residence. “I’m so upset.”

Kopiak said she hasn’t been able to sleep for a week due to the plans and said the developer is “more than welcome” to purchase her property.

Chuck Yarmey, also a Sixth Street residential property owner, said he and his neighbors will hear noise at all hours because the Sheetz will be open 24-7 and has a license to sell alcohol.

“We deserve some sort of quality of life,” Yarmey said, predicting residential property values will be negatively impacted.

He asserted other gas stations already in the borough will suffer due to the addition of Sheetz and said the new business will cause traffic disruptions.

Yarmey said most residents within a few blocks of the site do not want the Sheetz and described borough council members as “starstruck” because the business wants to locate in the borough.

Robert Smith, also of Sixth Street, said the dumpster for the new business will be feet away from his children’s playset, and he worries about rodents and feral cats.

Planning Commission Vice Chairwoman Cinda Hartman said the county has no control over borough zoning and stressed the commission’s “hands are tied” to approve the plans as long as they meet the county ordinance.

Terrana concurred, saying the commission is bound to grant approval because the project complies with all ordinance requirements. The plans also adhere to all borough zoning setbacks and mandates, he added.

Terrana said he understands developers sometimes meet with residents in advance to discuss their concerns. He said he is certain Sheetz officials would apologize if they had been present Thursday because that advance outreach did not occur in this situation.

For future projects, Jones said the county is discussing changes to the county ordinance that may include requiring buffer zones for industrial and commercial projects bordering residential areas, such as earthen berms, trees, bushes, fences and sound barriers.

The potential changes may be unpopular with the development community because it will increase their costs, Jones noted.

This ordinance revision initiative stemmed from Duryea property owner complaints about an auto auction business expansion that wiped out a wooded area along their residential properties that had emerged after coal mining ceased there many years ago. That business — Copart-Scranton — recently agreed to fulfill Luzerne County Council’s request to plant trees and install opaque fencing to serve as a buffer.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.