Monday, July 10, 2017

Synagro requires eight variances for Plainfield Township site, but fails to apply for them ahead of July 24 review


Synagro is non responsive to the need for zoning relief

As reported on this blog, Plainfield Township notified Synagro on June 12, 2017 that its current site plan under review to place a crap bakery in the township requires eight variances.  As of today July 10, Synagro has submitted no applications for any variances, nor any response to the township's June 12 letter.

Per Section 802.(A) (2) (b) of the Zoning Ordinance, an application for variance involving any use shall be reviewed by the Planning Commission.  The Planning Commission meets on July 24 to continue review of Synagro's application.  There is a 21-day period prior to a Planning Commission meeting in which to file new materials.  There are now 14 days remaining.

Synagro has made a big deal out of the fact they have a permitted use on the current site.  See an intimidating letter their legal representative submitted to Plainfirld Township here.  However, they seem curiously mum on several details.  At the June 12 review, they had trouble even stating what their operating hours will be - which is required to be on their site plan, but is not.

These eight variances are another detail - a major one.  Synagro does not have the hardships necessary to be granted zoning relief.  Could this be why they are dragging their heals in acknowledging they are needed?  In any event, the Planning Commission can not recommend approval of the Site Plan until such time these variances are attended to.  Not having proper access lanes, not having a proper front yard, not having a street to be located on - these are significant deficiencies.  Here are quotes from the June 12 letter informing Synagro of the deficiencies:
  • Page 5
    “Pursuant to the requirements set forth in Section 315 (B) (35), the proposed entrance and exit to the facility are not separated and clearly designated and they are not located along either an arterial or collector road. The entrance and exit to the facility is located along an interior access road of the Grand Central Sanitary Landfill. Therefore, the conditions and provisions associated with this additional requirement are not being met. A Variance is required from Section 315 (B) (35) (b) of the Plainfield Township Zoning Ordinance.”
  • Page 13
    “All areas within fifty feet (50’) of the banks of any streams, lake or pond shall be in open space. It is the determination of the Zoning Officer that a Variance is required for Section 505 of the Plainfield Township Zoning Ordinance.”
  • Page 13
    “The Front Lot Line (Street Line) does not meet the definition as set forth in the Plainfield Township Zoning Ordinance as follows: “A lot line separating the lot from a street right-of-way. The front lot line shall be the same as an existing or future right-of-way line (whichever establishes a greater width).” The lot line is not shown as separating the lot from a street right-of-way, as required by Section 201 B of the Plainfield Township Zoning Ordinance. Therefore a Variance is required from the Front Yard setback as set forth in Section 318 (I) of the Plainfield Township Zoning Ordinance.”
  • Page 19
    “The proposed loading and offloading road encroaches upon the proposed
    Green Knight lot (5.18 acres). The setback requirements for the rear yard
    for both proposed lots and the front/side setbacks of the Green Knight lot
    are therefore not being met as currently proposed on the Site Plan, as
    determined by the Zoning Officer. The Applicant is representing that a cross access agreement between the two (2) tenants will be submitted. A cross access agreement is not specifically defined with the Plainfield Township Zoning Ordinance as a way to gain relief from the requirements of the Zoning Ordinance;
    therefore, a Variance is required from Section 704 (B) (3) of the Plainfield Township Zoning Ordinance.”
  • Page 24
    “The definition of a Street as set forth in the Plainfield Township Zoning
    Ordinance specifically precludes an access drive from being designated as a
    Street. The access drive does not contain a right-of-way area. Indeed, a
    portion of the access drive is owned in part by Plainfield Township (Tax Map
    Parcel ID# E8 14 IA 0626E). The proposed principal building is not proposed
    to be built upon a public or private street that meets the definition of a Street
    as set forth in the Zoning Ordinance. The access drive does not meet the
    requirements of a Street as defined by the Zoning Ordinance, and is not
    designated as any of the following: Arterial Street, Collector Street or Local
    Street. Both the proposed Synagro lot and the proposed new Green Knights
    lot do not front upon a street as defined by the Plainfield Township Zoning
    Ordinance. Therefore, a Variance is required from Section 402 (A) of the
    Plainfield Township Zoning Ordinance.”
  • Page 24
    “An access drive does not meet the requirements of the Plainfield Township Zoning Ordinance for the definition of a Street. It is unclear to the Zoning Officer
    how a private street right-of-way could be created to the west of the Green
    Knight lot, as a portion of that access drive is owned by Plainfield Township
    (Tax Map Parcel ID# E8 14 IA 0626E). Further, it is unclear to the Zoning
    Officer how the Applicant would extend the proposed facility’s lot to the
    right-of-way of Pen Argyl Road. Said extension to Pen Argyl Road is not
    shown on the proposed Site Plan. Therefore, the Front Lot Line (Street Line)
    does not meet the requirements of the Plainfield Township Zoning
    Ordinance. A Variance would be required in order to configure the lot in its
    current proposed configuration, pursuant to Section 201 (B) of the Plainfield
    Township Zoning Ordinance for the definition of a Front Lot Line.”
  • Page 29
    “The Applicant is representing that they are entitled to relief from Section 703 G (1) (2) of the Zoning Ordinance in order to allow open cross access between
    the proposed facility and the Green Knight LFGTE Plant. “Open cross access” is not defined within the Plainfield Township Zoning Ordinance as warranting relief from the provisions of the Zoning Ordinance, especially considering that the proposed facility does not front upon an Arterial, Collector, or Local street. Neither the Zoning Officer nor the Planning Commission has the authority to grant relief from the Zoning Ordinance- only the Zoning Hearing Board has such
    authority. Therefore, a Variance is required from Section 703 G (1) (2) of the Zoning Ordinance.”
Quite simply, Synagro is in a corner.  The ball is in their court and it's time to poop or get off the pot....

1 comment:

  1. Never mind that Synagro routinely over estimates the acreage while filling out their farmers' permit applications... thus allowing Synagro to OVER APPLY!!!!

    ReplyDelete