Peach Bottom Township's zoning hearing board Tuesday rejected David Gemmill's special exception request for a proposed 4,400-head hog farm, halting efforts to expand his 400-head facility barring an appeal.

After 15 months of meetings, during which township residents expressed concerns about groundwater pollution, traffic and disposal of hog carcasses and waste, the zoning hearing board acted on the proposal, voting against it 2-1.

Board members Mark Hall and Christopher Neumann cited section 202.2 of the township's zoning ordinance, which grants special exception requests only if the applicant wants to build on land of "low quality for agricultural use." Vincent Hushon dissented.

Because earlier testimony indicated that soil on the site of the proposed CAFO was of "good quality," the board ruled against the request, said township solicitor William Poole.

Gemmill, owner of Bellview Valley Farm, 458 Gemmill Road, submitted plans in January 2007 to build a concentrated animal feeding operation, or CAFO, in the township. If the proposal were approved, Gemmill's sons, Eric and Steve, would run the expanded facility.

Aftermath: The hog farm hearings have gone on for more than a year, but last night's meeting began and ended in five minutes, and the crowd of about 30 filtered out of the Delta Senior Center as quickly as they entered.

The Gemmills left without commenting on the ruling, but their attorney, Aaron S. Marines, suggested that they would dispute the

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decision.

"Obviously we're disappointed," Marines said, but the proposal "might not end right here." Section 202.2 is a "narrow part of the (zoning) ordinance," he said, and the Gemmills might proceed by investigating whether it is applicable in this instance.

Section 202 became part of the hog farm debate only this January, when zoning officer Michelle Soder pointed out to the board that the land in question did not qualify for special exceptions, Poole said.

"This has been in the ordinance for well over 20 years," Poole said. "Everybody kind of lost track of it because it never had a reason to come up before."

Subdued celebration: The tone among opponents of the proposed farm, meanwhile, was valedictory but measured.

"The zoning board made a correct determination," said Bill Cluck, an attorney representing resident Dan Raymond, who owns property adjoining the Gemmills' and opposed construction.

The zoning ordinance is "crystal-clear on its face," Cluck said. "The zoning officer testified as such, and the applicant presented absolutely no evidence or testimony in rebuttal."

The Gemmills do have some leverage if they intend to pursue the matter further. The Pennsylvania Department of Environmental Protection recently granted the family a permit to proceed with the expansion, but in light of the board's decision last night, Cluck said he hopes the state will rescind it.

Members of residents group Peach Bottom Concerned Citizens were equally pragmatic.

"I was pleased with the decision," said Jane Conly, a member of the group, "but we know that Mr. Gemmill will probably appeal."

Laura Yanney, another of the Concerned Citizens, said the time has come for farmers and township residents to mend fences.

The group's opposition to the proposed hog farm was "not about being anti-farmer," she said, but about "protecting the health of everybody, not just a few."

Any township resident who wishes to appeal the board's ruling must do so within 30 days of receiving a written version of the decision, which will be mailed this week.

-- Reach Peter Mergen thaler at news@yorkdis patch.com or 854-1575.