Al4—Lancaster Farming, Saturday, May 17,1980 Lebanon Co. BY SHEILA MILLER MT. ZION - “We’re far from done fighting, even though it’s coating us thousands of dollars,” said Kenneth G. Grumbine after hearing the decision of Bethel Township Zoning Hearing Board members on Wednesday. The Wednesday evening meeting at the municipal building in Fredericksburg found close to thirty people listening to the arguments of three lawyers involved in Grumbine’s appeal that the subdivision plan of Paul and Mary McCorkle be disap proved. The three board members, after hearing a lengthy disortation by the Grum bine’s attorney, unanimously voted against the Lebanon County farmer in favor of the subdivision plans. The townhip hearing came about as a result of a ruling by Lebanon County judge G. Thomas Gates on April 17. After having been told by the zoning board that it did not have jurisdiction to hear the appeal of the Grumbines on the approval of the subdivision plan, the Grumbines decided to take the local township zoning board to court. All witnesses were served subpoenas and were present that Thursday morning, but they were never called on to testify. After a recess, Judge Gates ruled that “Mr. and Mrs. Grumbine alleged that they are aggrieved by the action of the governing body of Bethel Township in ap proving the development plan of the McCorkles. Therefore, their appeal to the Zoning Hearing Board was proper under the Municipal Corporation Code above referred to, and the Board erred in refusing to hold a hearing.” The Grumbmes and their attorney packed up their piles of paperwork and waited for May 14 for the hearing they requested months and one courtcase earlier. The formal rulings by the township do not seem to discourage the Lebanon County farm family, however. Kenneth and Pauline have been fighting this neigh boring development for over a year and a half. They’ve attended township meetings and planning meetings each month, hitting sometimes two meetings a month in order to stay on top of the situation. The Grumbines told Lancaster Farming the trouble started in July, 1978, when the neighboring farm, owned since 1955 by Lydia Muth, was sold to McCorkle. According to Grumbine, McCorkle, called a gen tleman farmer by some, bought the 14 acre property for $78,500, and would have probably run it up into the sloo,ooo’s. Grumbine said a number of his friends told him he should buy the little farm when it went on the block, but he said he didn’t feel it was worth the price. Grumbine, in his 50’s, and his father before him, far med the small farm and was familiar with what it could produce. “I was hoping someone who wanted a farmette would buy it, and keep it as a farm,” he said. “Mrs. Muth wanted to keep the land in farming—she wouldn’t even sell her children lots.” But McCorkle, who is a home builder (Hi the side, bought the property and started planning an eight lot housing development. The plans for septic systems, erosion control and storm water management were submitted to the township and the Lebanon County Planning Commission for review. The plans did not just breeze through, said Gmmbme, because he and his wife fought the development, sometimes single handedly. They watched and wit nessed a civil engineer domg the percolation tests for the lots, said Gmmbme. “We talked to John Divmey while he was there, and he told us the holes all failed for conventional and sand mound sewerage disposal.” farmer fights for equal rights Not satisfied with the report of that engineer, McCorkle hired a new firm. Surprisingly, the report did an about-face and now the test holes passed. The new engineering crew did not condone the “inquisitiveness” of Gmmbine, however, and ordered him off the property while they did the testing. “They put up no trespassing signs, but I watched them through my field glasses. ’ ’ According to Gmmbine, he watched the new crew for four hours, and after they initially filled the test holes with water, no more was added in the three and a half hours they were testing. From die start, Gmmbine said, he tried to work with the Soil Conservation Ser vice’s Karl Hellerick “so that McCorkle would keep his water on his side, but Hellerick wouldn’t cooperate. He said he’d cooperate with the developer, but not both of us.” Grumbine had cooperated with the former owner, Lydia Muth in 1976 when they installed a diversion to control water from his fields and her garden. Grumbine had worked with SCS in 1960 when he got their help in installing tile drainage in his meadow. “Now, what good has draining that meadow done. 'All the water from the development comes across the road and makes my meadow a swampy mess,” said Grumbine. “My wife does 99 percent of the milking by herself. That’s the reason why we did the tiling in the first place, to get nd of the mud so the cows wouldn’t be dragging their bags through it. She has to wash each teat and wipe each one with a IHINKOFITASAGUSS OF WIDER THAT WONT BREAK OR GO DRY. Simple, bnght ideas make Shenandoc products better Like our valves and ti For proper dependable watenng, the simply has to work full time So cur hit sensitive water level control makes sui water doesn't go down And fewer me parts mean there's Jess chance of it brt down Then there are the little ences we build in like heavy duty frames and stainless steel troughs that our waterers so durable And your job so easy Kenneth and Pauline Grumbine, R 2 Myerstown, survey the stone ditch that brings water from the McCorkle retention basin (behind the red barn) along the property line and finally dumps it into a culvert under Long Lane. The water keeps the Grumbine's pasture and area in front of the barn a “muddy mess” for their cows to walk through. I “We don’t h* looked over their hi separate towel. But with all their water, what - was the use?” Grumbme is not only upset that the water is making his meadow back into a swamp, \ I t 1 • SALES • INSTALLATION • SERVICE AGRI“ CATTLE - HOG • POULTRY EQUIPMENT R.D.4, EPHRATA, PA. 17522 PHONE: 717-354-4271 STORE HOURS: Mon.-Fri. 7:30 to 5:30; Sat 7:30 to 12:00 of dairy cows, housed downstream from the dam he said he is also afraid it Grumbme bam, with both will get mto his bam. emergency spillway and The retention basin that pipe outlet aiming toward was installed on th > Me- his building like a gun. Corkle property outlets Since the retention basin directly toward the (Turn to Page Al 5) EQUIPMENT, INC. ’III