This variance is even more substantial than the first one, because zoning is based on land use, and determining where each kind of use should be allowed. It was determined when the district was designed to allow thermal processing of sludge in the SW (Solid Waste Processing and Disposal) zoning district only, since it is a solid waste processing use, but the proposed site is in the C/I (Commercial Industrial) zoning district. Simply put, a use that is defined in one or more districts is only permitted in those districts. A variance to put a use in a zoning district where it is not permitted is the hardest variance to obtain. Synagro's ridiculous argument in its application for a variance to have multiple principal uses can't prevail; it will be interesting if they fashion an even more fantastic argument to be granted this variance.
Excerpt of Plainfield Township Zoning Map
Poorly selected location of solid waste processing facility - outside of Solid Waste district
"I know - we'll put the solid waste processing plant NEXT to the lot that permits it"
What were the Green Knights and Waste Management thinking?
The Green Knight Economic Development Corporation (GKEDC) is a nonprofit that is supposed to be acting in positive manner to benefit Plainfield Township, Wind Gap and Pen Argyl. Waste Management is a huge for-profit company. How it is possible that Green Knights and Waste Management did not realize their error, when they agreed to partner with Synagro to place a sludge processing plant in the C/I district, is beyond belief. These organizations are the sole tenants next door in the SW zoning district, and they may have been involved in shaping the regulations of the district, since it was designed to host the landfill. Surely they must have realized that Synagro's use is specifically permitted in the district they have a monopoly on, but is not permitted next door in C/I. The advertising literature indicates those involved spent a year researching and designing this project. How did they screw the pooch figuring out where it is allowed? Throw a dart blindfolded and you could do a better job picking a site. The SW district also allows for multiple uses (see 318.B above - "combination of principal uses") - this is where Synagro's use is permitted by right, and you can have multiple uses to boot. This isn't rocket science. Why didn't they put it in SW? They can't fit it because there is too much shit there already. Literally. That doesn't mean you have cause to put shit elsewhere.
Why didn't Bob Cornman of both GKEDC and the planning commission participate in questions of the principal use at the November 21, 2016 review?
When companies decide to develop a lot, they scour the zoning ordinance to see if they comply. GKEDC Vice President Robert Cornman, Jr was the long time Chairman of the Plainfield Township Planning Commission, is now its Vice Chairman, and holds himself out as an authority on zoning. He is named as the GKEDC spokesperson for this project. How did he not see that what they were proposing was not allowed by the ordinance? GKEDC advertising indicates they have patiently been waiting years for the "right project" to come along to capture and use their waste heat. Really? You should have waited longer.
Determining if your use is permitted is critical.
If not, the rest is masturbation and costly
This leaves open what the course of action now becomes for the December 19 planning commission meeting, since Synagro's application is no longer a special exception - which has a prescribed review procedure. Now, Synagro has a non permitted use, so it begs the question of how it can even be reviewed for compliance with the ordinance. Logically, the first step would be to (attempt to) get the variances required from the Zoning Hearing Board.
Edit 12/16 - The Synagro application has been tabled until the Tuesday Jan 17, 2017 Planning Commission meeting
Edit 12/29 - The Jan 17 planning commission meeting has been moved to Monday January 16.
The Zoning Officer's Dec 15 opinion:
Letter From Plainfield Township Zoning Officer to Synagro, finding Synagro's use is not permitted on Scribd
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