“It is not just a case where ‘it’s allowed to be here, so let’s let it happen’ . . . sometimes just because something can be done does not mean it ought to be done.”

That is what attorney Layne Oden, who lives half a mile from the proposed concentrated animal feeding operation (CAFO) and solar farm by Sunny Side Up Farms and Bollinger Solar LLC, said in closing remarks during a conditional use hearing for the proposed CAFO, which would consist of five-barns housing 350,000 chickens and Bollinger’s 52,000-plus solar energy facility on land zoned for agricultural conservation and residential use along Clarkstown Road in Muncy Creek Township.

“The testimony has indicated that there are 394 residences within a half a mile of the proposed CAFO site,” Oden said, adding, “that number increases to 1,092 within a mile of the proposed site,” he said.

Also, within that area are two public waterways feeding the Muncy area municipal water system, he said.

Additionally, in that zone is the school district’s only elementary school (Ward L. Myers). The elementary school is not just a school; it has a playground, it has the school district’s soccer fields, the school district’s softball field, the field hockey fields, the R.J. Patrizio public swimming pool is located within that zone, as is the Muncy Cemetery, Oden said.

Muncy Lions Park, where a lot of children play, is located in that geographical zone, he added.

Kiess Park, across the road from the township building on Route 442, contains at least three baseball fields, and the township just put in pickleball courts and there is a playground and a walking trail, believed to be used heavily by the elder population of the township.

There was a lot of testimony of potential truck traffic for the CAFO, and at a minimum, as presented by the applicant, they are estimating 290 truck trips per barn (five barns total), with that many barns that is 1,450 trucks or about four tractor trailer trucks per day, Oden estimated.

The applicant’s testimony stated they would not use Fogelman Road as an access, which has been one of Oden’s primary concerns from the start of these hearings more than a year ago.

It is not shown on the applicant’s map, and Oden did not fault them because it is not part of their criteria, but, he said, “you know the area.”

In fact, less than 50 yards up from the proposed entrance from Fogelman Road is a 90-degree blind downhill or uphill depending on direction of travel – turn, he said.

“It is not wide enough for two vehicles to safely pass let alone a tractor and a tractor trailer,” he said.

There has been testimony regarding potential water usage, which will impact the water table, impact potential water contamination. There was testimony brought on by the objectors having to do with diminution in value of real estate, which will relate to the corresponding diminution of the real estate tax base, he said.

Muncy Area Volunteer Fire Co. Chief Scott Delany testified regarding the distance of the proposed CAFO barns and accessibility in case of fire and or emergency.

“There is no specific odor abatement plan that has been filed with this,” Oden said.

The applicant did present one for an operation in some other county which has no relation to the proposed township project, according to Oden, so, he said, the burden shifts to the applicant to prove that there will be no danger or harm to not only adjoining properties but to other properties in the zoning district.