East Penn rejects manure storage building plan

The East Penn Township supervisors have rejected a farmer’s plans for a building to store manure and house cattle during the winter months.

Chairman William G. Schwab said the applicant, Justin Cunfer, has not shown that he has permission from the property owner to build on the property. The subject property, located off Lizard Creek Road, is owned by his parents, Dennis and Deanna Cunfer.

When the plan came up on the agenda at Monday’s township supervisors meeting, Schwab moved to deny approval.

He said the supervisors couldn’t approve the plan because the property owner did not file the plan, and there was no document authorizing Justin Cunfer to file it instead.

“Do we have anything here saying the property owners have authorized this in writing?” Schwab asked.

Engineers representing Cunfer said the land development application was signed by Cunfer and his parents, but they did not have a copy available.

“You can’t just say ‘I’m going to get it later,’ ” Schwab said.

Schwab explained that theoretically, anyone could ask for a land development plan. But it needs to be authorized by the property owner. He said even big developers St. Luke’s and Dollar General get authorization from the property owner before they start planning work on a project.

Supervisor Gary Kuehner said he was voting to deny the project, but only if Cunfer would be allowed to reapply.

None of the Cunfers were in attendance at Monday’s meeting.

Deanna Cunfer is a township supervisor but has not attended a meeting in about a year.

Justin Cunfer said in a message following the meeting that he plans to provide the necessary paperwork and his parents fully support the project.

“The agreement between my parents and I has been clear from the beginning when I first applied and received full approval from the (National Resource Conservation Service). The plans have received approval from the federal government, the county and unanimous approval from the township planning commission,” Cunfer said.

Cunfer said that the building will be used as a manure storage facility for beef cattle, and will serve as a heavy use area for housing cattle during the winter.

Justin Cunfer said there is no plan to use the building to store biosolids, or treated sewage sludge. The township and the Cunfers are currently awaiting a decision in a court battle over the family’s plan to use the material as fertilizer on the farm.

The project is funded in part through the National Resource Conservation Service.

Cunfer said NRCS regulations state that the building cannot be used to store biosolids.