Mahoning Township has approved an agreement with a freight shipping trucking company, despite the concerns residents expressed about speeding and truck traffic.

After an executive session, supervisors voted 4-0 last month to conditionally approve an agreement between the township and Mark Schwalm, owner of Breezewood Farms LLC, located off Laurel Road in the township. Schwalm also owns S&L Landscaping.

Township solicitor Tom Nanovic outlined the terms of the agreement:

• Schwalm will relocate tri-axle trucks to property located outside the geographical limits of the township.

• No more than 80 trips by tri-axles to the premises for maintenance or repairs in any calendar year. One trip would be coming to and leaving from the premises. There shall be no more than two tri-axles at the premises for maintenance or repairs at any one time.

• Tri-axles shall not be fueled on the premises.

• Landscaping vehicles or equipment shall not be stored at the premises, or brought to the premises other than normal landscaping use.

• No stockpiling of materials on the premises, including millings, stones, etc. is permitted other than materials used as part of the normal agricultural operation, or landscaping/maintenance/property improvements.

• Tri-axles which are brought to the premises for maintenance or repairs must be owned by Schwalm or a business in which he has at least a 25% ownership interest in.

• Schwalm farms an additional 200 acres of farmland in the township, and on a farm he obtained from his grandfather located about 10 miles away in Schuylkill County. There will be occasions when Schwalm needs to use his tri-axle trucks to haul agricultural supplies, equipment or other commodities in conjunction with normal agricultural operations to and from his farm.

Concerns

Nanovic said he believes the agreement addresses a great many of the concerns that existed.

“Is it a perfect settlement,” he said. “No, it’s a compromise.”

Barry and Ruth Gaal said their family has 62 years invested in their property along Breezewood Road.

“I’m very confused by this,” Barry Gaal said. “I am the most impacted by this situation; it is very, very frustrating.”

Gaal said this past summer there were 50 to 70 trucks that went down past his place.

Board Chairman Robert Slaw told Gaal that’s the reason the board drafted the agreement.

It was noted the business has nine trucks now, and they would be allowed 80 trips a year.

Supervisor Deborah McGowan questioned who would police the agreement. Nanovic said the situation will be enforced by the township, and added the board has worked on this matter for some time.

“They’ve been working on this for several months,” he said. “I think it’s a pretty good agreement.

“Yes, there will be enforcement issues. I think this makes it a little more easier to enforce.”

Business owner responds

Schwalm said the business employs between 25 to 30 people.

“I offered to do what I can to better the township,” Schwalm said. “I’m not doing nothing to harm nobody.”

Gaal said that doesn’t help his current situation.

“I can hear your trucks; it is frustrating,” he said. “My family has paid taxes for 62 years; I should be given the full rights that anyone else does.”

Schwalm noted he is still under construction, and added he plans to build a horse arena within the next two to three years.

Gaal told Schwalm he didn’t even make an attempt to adhere to the zoning laws, which Schwalm disputed.

“I followed everything with the township,” Schwalm said. “I’m doing every operation that I can.”

Nanovic reiterated that the settlement is imperfect.

“It’s not a perfect agreement; it’s not perfect and easy to enforce,” Nanovic said. “There’s no perfect way to do it; there’s no perfect way for the zoning hearing board either.”

One resident told the board he still disagrees with the agreement because he believes it’s a zoning matter.

Another resident said his main concern is safety, as he was previously run off the road twice, and added the road isn’t built for trucks, and is an accident waiting to happen.

Schwalm told the audience he doesn’t want his drivers flying.

“I can do my best to run a business, help the township, and feed my family,” he said.