Use Permit Denied For Engine Storage

Posted: November 19, 1989

An application for a non-residential use-and-occupancy permit to store used automobile engines on a parking lot next to Darby Creek was struck down by the Darby Borough Council's ordinance committee.

The application, submitted by lot owner and part-time borough police officer Cornelius Cassidy, was denied by a 3-1 vote Wednesday night.

Borough codes enforcement officer Tom Powers said Cassidy had been cited every week since Oct. 31, when he fenced the lot and began storing engines without a permit.

The citations are summary offenses, and a district justice can issue fines

from $25 to $600 apiece, Powers said.

Committee members Paula Brown and Louis Zingler voted against the application, saying that the lot, on New Walnut Street near Chester Pike, may be a pollution hazard to the creek.

The lot is in a flood plain, and several council members voiced concerns that oil and antifreeze from the engines may be washed into the creek.

Council President Wilbur Smith directed Powers to seek a determination from the state Department of Environmental Resources and federal Environmental Protection Agency before the application was re-submitted.

Committee chairman Robert Layden voted in favor of the permit, saying that he did not want to interfere with the owner's property rights and that the permit could be granted conditional on the DER and EPA determination.

In other matters:

* The ordinance committee voted, 3-0, to recommend that the council reinstate the use-and-occupancy permit for Hall's Auto Repair on Quarry Street. The permit was suspended by the council Nov. 1 because the owner, Charles Hall, had been parking cars on a dirt lot and working on them outside. Hall told the committee that the practice would stop.

* The police committee voted, 3-0, to recommend that Fern Street be made one-way from Whitley Avenue to Ridge Avenue. A petition, signed by 22 residents of the 700 block of Fern Street, requested the change because of heavy truck traffic.

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