MIDDLESEX TWP — An attorney for gas companies disputes the claim that gas drilling is allowed in most of Middesex Township.

William Sittig, a Pittsburgh attorney who is an expert in land use and zoning, said that drilling can be done only in 26 percent of the township.

That contradicts opponents of gas drilling who say that 92 percent of the township is open to drilling.

Sittig made his comments Monday night at the sixth session of a zoning board hearing at the Middlesex fire hall

The hearing is the result of a challenge to a gas and oil amendment to the township zoning ordinance passed in August by the supervisors.

Four Middlesex residents plus the Philadelphia-based environmental groups the Clean Air Council and the Delaware Riverkeeper Network are challenging the zoning amendment saying it allows unconventional gas drilling operations in much of the township.

Attorneys from the township, Rex Energy and Mark West Energy Partners are supporting the amendment at the hearings.

The challenge caused a halt to the work on the five Rex Energy gas wells at the Bob and Kim Geyer farm on Denny Road, which a group of Mars School District parents have protested because they say shale gas drilling operations would pose a health and safety hazard to the students in the nearby Mars schools.

Attorney Jordan Yeager, who is representing the challengers to the ordinance amendment, rested his case last week.

Rex Energy attorneys, who, with township solicitor Michael Hnath, are defending the ordinance amendment, Monday night called Sittig to testify. Sittig has served on zoning hearing boards in municipalities in Allegheny County over the years.

Rex attorney Kevin Colosimo reminded the zoning hearing board that a professor called as an expert witness by Yeager testified that the ordinance amendment allows unconventional gas operations in 92 percent of the township.

But Sittig refuted that claim, stating that it actually prohibits drilling in all but 26 percent of the township.

Sittig explained that because of the state Department of Environmental Protection requirements that wells must be at least 500 feet away from structures, combined with the areas where slopes, wetlands and other factors preclude drilling, only 26 percent of the township's land is available for drilling.

And he noted that in some of that land, unconventional gas operations must be approved by the supervisors as a conditional use.

Sittig contended that the supervisors were able to make an informed decision about the amendment because they already had experience with unconventional gas extraction from the three Rex Energy wells that existed in the township before the amendment.

Sittig also suggested that if the township's zoning ordinance did not contain regulations on unconventional gas drilling, the supervisors could be faced with requests to develop wells anywhere in the township.

He said the supervisors were within their rights to decide that gas drilling can be a part of agriculture in the township.

The three existing wells in the township, like the Geyer site, are on family farms.

In his cross-examination of Sittig, Yeager said the supervisors must take into consideration not only a single family's rights to do what they want with their property, but all citizens' rights to enjoy their property and be free from environmental harm from permitted uses.

Sittig agreed that is true, but he insisted the zoning hearing board cannot grant any relief that would impact the Geyer well because the required permit has been issued.

“No matter what happens here, that's a valid permit,” Sittig said.

Yeager maintained that a zoning hearing board can declare an ordinance invalid.

Sittig also said that not allowing a certain use in any part of the township would be considered exclusionary zoning, which is prohibited.

Colosimo reminded the board that the professor who testified for the challengers said a one-mile setback from unconventional gas wells would be prudent.

If that occurred, Sittig said, “You would be excluding them from the township everywhere.”

He said in a municipality where three wells already exist, such an exclusionary ordinance would be challenged in court.

“I don't think, based on what I've heard, that's a winnable case in Middlesex Township,” Sittig said.

Colosimo also asked Sittig if he agrees with the challengers' contention that unconventional gas drilling is a “heavy industrial” use due to noise, dust, odors and the potential for methane pollution, contaminated water spilling onto neighboring properties, and the potential for fires and evacuations.

“There are industrial components in the construction of a well pad and the boring of a drill hole,” Sittig said, “but I do not believe that because of the construction or development of that, it defines that use.”

Sittig said the conditions at the well after it is complete must be considered, and that the supervisors did so after seeing three developed well pads.

Yeager countered that wells are frequently refracked, which reinstates the heavy industrial atmosphere.

Rex Energy attorney Michael Vennum also called Mike Endler, Rex Energy's vice president and Appalachian Regional manager, to testify.

Vennum displayed pictures of all three existing wells in Middlesex township, plus the idle Geyer well pad.

Vennum had Endler detail all the conditions created by unconventional gas drilling, and the reclamation procedures after fracking is complete.

Endler also related that Rex Energy has met with the Mars School District to cause the least impact to the district as possible during the development of the Geyer well.

Mars Middle School is 3,306 feet from the Geyer well, and the high school is 3,443 feet away, Endler said.

Zoning hearing board Chairman George Born adjourned the session after five hours of testimony.

Yeager is expected to cross-examine Endler at another session at 4:30 p.m. today at the fire hall.