Excerpted from Email 9, emphasis added.
BOB JACOBS, CENTRE COUNTY PLANNING DIRECTOR, TO ERIC ANDREUS, NESTLE WATERS; JENNIFER MYERS, CBICC; and MARGARET GRAY, CENTRE COUNTY ADMINISTRATOR
- From: Robert B. Jacobs [mailto:firstname.lastname@example.org]
- Sent: Wednesday, November 29, 2017 12:42 PM
- To: Andreus,Eric, Breinigsville,NWNA T&P MID Springs <Eric.Andreus@waters.nestle.com>; Jennifer Myers (Jennifer@cbicc.org) <Jennifer@cbicc.org>
- Cc: Margaret N. Gray <email@example.com>
- Subject: CBICC meeting follow up
- Importance: High
It was a pleasure meeting with you folks yesterday [Tuesday, November 28].
As a follow up, here is some info as you move along in your planning process…
I reviewed the zoning ordinances in Benner and Spring Townships. Please see the attachments for my comments below:
Benner Township has Campus Industrial and Light Industrial zoning districts in the Benner Commerce Park. Both districts provide for “Manufacturing, packaging, storage and/or wholesaling” as a permitted use by right.
Although bottling water isn’t a specific use identified in either district, I would argue that it fits this permitted use category.
The definition of “Manufacturing” in the Benner ordinance clearly provides for your proposed activity:
Manufacturing – Production of goods from raw materials, by the assembly of constituent parts produced elsewhere, or by a combination of these means, including the final packaging such goods for sale or shipment. Includes all activities included in the NAICS (q.v.) list of “manufacturing” activities.
Likewise, Spring Township has Light Industrial and Heavy Industrial zoning districts. The site you are considering is located in the Light Industrial district. This district does not specifically provide for your proposed activity. However, it allows for “medical device manufacturing”, “Pharmaceutical production and packaging”, and “Warehousing and wholesale trade establishments”.
These permitted uses by right in my opinion are in the same category of activity that you are proposing.
The Heavy Industrial district does provide for “Any production, manufacturing, assembly, processing, cleaning, repair, storage, or distribution of goods, materials, foodstuffs, and other products not involving a retail activity except as an accessory use” The definition of “Manufacturing” in the Spring ordinance clearly provides for your proposed activity:
Manufacturing use – The processing and/or converting of raw unfinished materials or finished materials or products, or any combination of them, into an article or substance of different character, or of use of a different
purpose. Additionally, the term manufacturing shall include industries furnishing labor in manufacturing or in the refurbishing of manufactured articles. This use includes apparel and textile products, chemicals and allied products, electric and electronic equipment, fabricated metal products, food and kindred products, lumber and wood products, machinery, paper and allied products, petroleum and coal products, stone, clay and glass products, textile mill products, tobacco products, transportation equipment and miscellaneous industries including the manufacture of jewelry, silverware, musical instruments, toys and sporting goods, office and art supplies, costume jewelry, notions, etc.
The Light Industrial district in Spring Township may need to be amended but the intent of the district is to provide for your proposed activity – based on the information in their ordinance I would make the request for a permitted use by right.
You could make the argument in both Townships that your proposed activity is intended as a permitted use by right in all of the industrial zoning districts. Most likely they do not want to go through the ordinance amendment process (advertising, public hearings, etc.) for your proposed use because in my opinion it is not necessary.
I would use the info above to make your request as a permitted use by right. If you would like assistance with this, please let me know and we can discuss this with the municipalities.
If you have any questions, or require additional information please let me know.
ERIC ANDREUS, NESTLE WATERS, REPLY TO BOB JACOBS, CENTRE COUNTY PLANNING DIRECTOR, CC: MYERS; GRAY
- From: Andreus, Eric, Breinigsville,NWNA T&P MID Springs [mailto:Eric.Andreus@waters.nestle.com]
- Sent: Friday, December 01, 2017 2:12 PM
- To: Robert B. Jacobs; Jennifer Myers (Jennifer@cbicc.org)
- Cc: Margaret N. Gray
- Subject: RE: CBICC meeting follow up
I apologize for the delayed response to your email. It was a pleasure meeting you as well.
Thank you for the information provided during our meeting and in the follow up email below. I appreciate you interpretation of the zoning ordinances relating to manufacturing facilities.
I will contact you if I have any additional questions as we conduce due diligence. Have a nice weekend.
Mr. Jacobs’ opinions are bullshit, intended only to help Nestle circumvent public review.