Plainfield Township ex-planner has history of ignoring zoning ordinance to grease skids for Waste Management/Green Knight Economic Development Corporation

On Wednesday April 4, 2018 at 7pm the Plainfield Township Planning Commission will meet to review the Land Development Plan to locate a Synagro biosolids crap bakery on land owned by Waste Management.  In the room, as he has been for every meeting thus far, will be Green Knight vice chairman and Synagro crap bakery project representative Robert Cornman Jr, who is also an ex-Planning Commission member and  its long time chairman.

When Synagro first slithered silently into Plainfield Township in November 2016 with its proposal, Cornman was still a Planning Commission member.  Despite stating he was recusing himself, he participated in discussion and suggested multiple times at the November 2016 review of Synagro's proposal that it be given conditional approval that evening to locate on a parcel in the Commercial Industrial (CI) zoning district.  It was subsequently discovered that Synagro's use was not even a permitted in the location proposed, and therefore it would require a use variance.  Without any hardship, it would be impossible to obtain a use variance.

November 2016 Synagro Site Plan, with proposed plant location in gray area

north of haul road in CI zoning district (North is to right side of screen)

Planner Robert Cornman Jr suggested this site plan be granted conditional approval

Planning Commissions are responsible per the Municipalities Planning Code for maintaining and updating a municipality's zoning ordinance.  As the long time commission chairman, Mr. Cornman was uniquely positioned out of all township citizens as the single best authority on the township's zoning ordinance.  As it turns out, since July 1, 1988  Synagro's use was permitted in the Solid Waste District.  One should ask, is it possible that Mr. Cornman did not know this, and actually encouraged approving this use to be located in a district where it is not permitted.

Let's pause briefly to note that in 1988 an extensive Solid Waste addendum to the township's comprehensive plan was adopted, to plan for responsible and strategically located solid waste uses.  Immediately, Zoning Ordinance amendment 192 was adopted, which provided for six (6) uses by right in the Solid Waste district, including a material separation facility (Synagro's use) and a landfill gas to energy plant (Green Knight Energy Center).  This list of uses has not changed nor where they are permitted since 1988.

As it turns out, both Mr. Cornman and Waste Management were very much aware in November 2016 that a use related to Solid Waste could not be located on the site in question, because 17 years earlier Mr. Cornman, while he was Planning Commission Chairman, attempted unsuccessfully to shepherd on behalf of Waste Management another Solid Waste use into the same precise location!

In 1999, Waste Management applied for a use variance to locate the Green Knight landfill gas to energy plant in the CI zoning district.  Here is a site plan that was submitted with the application:

1999 proposed location of Green Knight Energy Center, in CI zoning district in exact same location as 2016 proposed Synagro plant - same shit different year.  Planning Commission chairman Robert Cornman Jr testified at the ZHB hearing on the alleged economic benefit while ignoring the fact the was no hardship to justify a variance - which was his responsibility to know.

Planning Commission under Chairman Robert Cornman Jr recommends Waste Management be granted a use variance, despite there being no hardship

Several objectors testified at the zoning board hearing for the variance.  Pen Argyl was represented by attorney John Molnar, who showed that the proposal was counter to the 1988 comprehensive plan, as well as the zoning ordinance, and that extensive cost and effort had recently been put into updating both documents to accommodate Solid Waste uses.  Yet Robert Cornman Jr totally ignored both the spirit and letter of the zoning ordinance that as a planning commission member and chairman he was obligated to uphold for all land owners of the township.

Planning Commission chairman Robert Cornman Jr puts the good word in for

Waste Management - recommending approval to place the energy center outside the Solid Waste district, in total disregard of the Ordinance and a clear conflict of interest.

Ever hear of a designated hitter batting for both teams?

The Zoning Hearing Board did the right thing - they went through the five criteria for a variance, and found that Waste Management had no hardship whatsoever.  "Benefit to the community" is not a hardship.

Waste Management failed 1999 use variance in Plainfield Township - Zoning Hearing Appeal

Zoning Hearing Board facts and findings in case of Waste Managment's attempt to violate Plainfield Township's zoning ordinance - with Robert Corman Jr's blessing.  The ZHB was not swayed.

The township supervisors did the right thing by kicking Mr. Robert Cornman Jr to the curb, and he should never be reappointed to the planning commission.  Ethics requires a municipal official to put aside their own desires and outside special interests, and promote uniform and unbiased adherence to local laws and regulations.  There is a rumor that he submitted a letter of interest to be appointed back onto the commission in Jan 2018 - the size of those balls are impressive indeed.

Footnote: the five criteria enumerated above in the Facts Findings of the 1999 variance are the same criteria which would have to be met by Waste Management/Synagro in order to be granted the variances that are needed for the Synagro plant to be approved.

Synagro and Waste Management proposal in deep sh!t at Plainfield Township crap bakery site

On February 23, 2018, Synagro (under the veil of Grand Central Sanitary Landfill) filed its latest proposal to site a crap bakery on Waste Management's land adjacent to the Green Knight Energy Center.  Virtually all of the surrounding communities supervisory bodies are opposed to this project, and Plainfield Township is strongly opposed, yet Synagro persists - with Waste Management's blessing.  Why doesn't Waste Management tell Synagro "We care about the community, so take your shit elsewhere"?  The answer must be that Waste Management values $$$ a lot more than being a good neighbor in the community.  Sad.

In the past few weeks, three reviews of the proposal have been filed:

• Zoning Office review
• Township engineer review
• Environmental consultant review

In the township review letter are strong zoning and legal reasons this project will not be able to be sited where proposed.

As a bookkeeping matter, it was learned on March 13 that Synagro has applied for the following permits:

• NPDES Stormwater/site discharge
• DEP Solid Waste
• DEP Air Quality

Apparently, it was the township being notified of these permit applications that caused the March planing commission review meeting to be postponed to April 4, or it was a huge coincidence that both occurred on March 13 - two days prior to the scheduled meeting date.

 Synagro's DEP permits are in motion - like a bowel movement.  They are in the cart...

If Synagro can not meet the zoning, it will not mean diddly squat that they applied for permits through regulatory agencies.  As we shall see, they put the cart before the horse in this process and may have their asses handed to them.  You don't file a land development application before obtaining any needed variances, but in each review Synagro has steadfastly denied it needs variances although the township found that they do.  Now they are forging ahead, attempting to bully their way into the hearts, noses and water supply of area residents. "Hey look, we applied for regulatory agency permits!"  Impressive, but,you don't have legal road access to your site.  Let's take a look at the current reviews to see where the proverbial shit has hit the fan.

First, here are two site plan sheets and truck movements that are pertinent to the reviews:

 Site plan sheet C03

Site plan sheet C17 

Truck turns sheet C03

Next, here is the recorded 1999 Land Development Plan for the Green Knight Energy Center or LGFTE Plant - a document critical to the success or defeat of this application:

1999 GKEC recorded land development plan showing access via Pen Argyl Road

But instead it was built across the township trail.  Uh oh! Lucy got splainin to do, Lucy!

Here is the Plainfield Township Zoning Office's review:

March 2018 Plainfield Township Zoning Office Review Letter- Synagro Land Development Plan

As you read through, here are some highlights of what the Zoning Office found:

1. The portions of the overall 12 acre lot dedicated to Synagro (5 acre min) and Green Knight Energy Center (3 acre min) must be delineated.(the entire 12 acres is incorrectly labelled "Synagro Operations" on the site plan - there are two uses on the lot, permitted in this district) 
2. Internal access roads must be shown, instead of assuming trucks will randomly be driving through parking areas.
3. Variance #1 The site is not on a collector or arterial road as required 
4. Variance #2 The proposed improvements will be within 50' of a pond, not permitted.
5. A study should be done on the current, cumulative and future effects of adverse impacts of activities associated with the proposed use (the PA Environmental Rights Act, passed decades ago, was just recently interpreted and upheld up by the PA Supreme Court in a fracking case)
6. An analysis must be done to show that no odors will leave the site (how does one do this with an active landfill running?)
7. The capacity of the raw shit storage area in tons must be specified.
8. Grand Central's haul road is within the 80' ultimate right of way of Pen Argyl Road (a major issue if Pen Argyl Road is widened)
9. Pedestrian access within the site is across access drives - what could go wrong?
10. Variance #3 The parking area aisle width is 24' instead of 25'.  Really?  They couldn't find one measly foot?
11. Variance #4 The parking places should be paved and marked as required in the ordinance.
12. Truck turns are in conflict with each other.  In the truck turns diagram, trucks on the west (left) side of the energy center travelling in opposite directions can not pass each other.  This may require another Variance to Sec 704 (F) of the ordinance, which states that loading/unloading areas should not create a nuisance.  This issue and others was also highlighted by the township engineer, who had several comments about truck traffic and turns at Page 5 Items A6 (below).

There are two significant variances here, #1 and #2.  #3 and #4 seem trivial in comparison;

Now the doo doo really hits the fan - Green Knight Energy Center is in violation of its approved Land Development Plan, showing access from Pen Argyl Road which was never created

Scroll up and take a look at the recorded Land Development Plan for the Green Knight Evergy Center.  This is a legally binding document.  Look how carefully an access drive was to be constructed out to an entrance from a road, Pen Argyl Road, which is classified as a Major Collector.  Look at the red underlined text in Note 12, which states that access to the Energy Center will be from Pen Arygl Road  The Plainfield Township Recreational Trail was entirely avoided, even though a few years prior an agreement between the township and Waste Management allowed Waste Management to use the Recreational Trail in this area as a haul road for the landfill.  The access from Ren Argyl Road was never constructed, and instead access was created by blowing a road across the Recreational Trail on the west end of the Energy Center.  Talk about a bait and switch!  

Digression - Mr. Robert Cornman Jr. was on Green Knight and also the chairman of the Planning Commission which reviewed the 1999 Land Development Plan.  He also attempted to shepherd the Energy Center into a lot across Route 512 where it is not a permitted use - it was at that time and still is permitted only in the Solid Waste zoning district.  You would think he would remember that when Synagro came along and tried to pull a similar stunt 17 years later in November 2016, with his blessing. - he had the gall to both recuse himself AND suggest Synagro's plan should receive preliminary approval for a site not in the Solid Waste zoning district.  This man as Planning Commission chairman was in a position for many years where he was supposed to review and revise township zoning.  He has since been removed and should never be appointed again.  You don't turn your back on local laws that you are supposed to enforce for your own benefit.

In 2001, Green Knight applied to revise its Land Development Plan, but the revised plan never obtained final approval and thus was not recorded.  As part of that process, it was recommended that an agreement be created whereby Green Knight would relocate its driveway to where it is today using access across the trail, with the Township's approval and foresight into what would happen when the landfill closes.  Other conditions were to have been met, agreed to by none other than Mr. Robert Cornman Jr (see his signature in Exhibit A attached to the Zoning Office review above).  Since land development plans with conditional approval expire after one year, the 1999 Green Knight plan on file is the only one valid.  Green Knight is in violation of its plan, since vehicles accessing it are driving across Plainfield Township's land and not from Pen Argyl Road.

If Green Knight Energy Center can't use the Recreational Trail, neither can Synagro

Similarly, Synagro can't piggy back on Green Knight's approval to cross the trail, because that plan is not valid and Synagro has no inherited right to something that does not exist.

The review on April 4 should be interesting.  Synagro/Wast Management's attorney will proclaim that they have filed for regulatory permits and act like everything is great and they should be granted preliminary approval.  Unfortunately, when needed variances have not been obtained your site plan has deficiencies so no approval can be recommended.  Note that Preliminary and Final Land Development approvals are voted on by the supervisory body - the Board of Supervisors.  The Planning Commission is advisory only.

Here are the other two reviews:

March 2018 Plainfield Township Engineer Review of Synagro Grand Central Biosolids Land Development Plan

March 2018 Environmental Review Synagro biosolids plant in Plainfield Township at Grand Central Sanitary La...

Synagro/Waste Management Land Development and Site Plan review meeting in Plainfield Township postponed

The review of Synagro's Land Development and site plan (in the name of Waste Management) has been postponed from Monday March 19 to Wednesday April 4, 2018 at 7pm in the Roper Auditorium of the Wind Gap Middle School.

This is likely due to a delay waiting for reviews by the Zoning Department and the Township Engineer.  A Land Development Plan is extensive.  This application was submitted only 3 weeks prior to the meeting, which gives little time to conduct and publish a review in order for all parties to see it prior to the review meeting.

Dedicated environmental steward Frank O'Donnell in community that defeated Nestle Waters passes away

Francis Z. O'Donnell Oct 14, 1936 - Jan 25, 2018

This blogger first visited an Eldred Township, PA Board of Supervisors meeting on December 2, 2015 to see firsthand how the community was progressing in its fight against would-be despot Nestle Waters.  Nestle had descended on Eldred Townshp in the dark of night, in hopes of wrestling the community's most precious natural resource (water) from it for the pittance of $30,000 per year.

As I settled into the back of the room, two apparent residents smiled in a welcoming manner.  This was surprising, because I had been warned that residents of this town received outsiders with some suspicion.  This stood to be even more true given that Nestle was seeking to victimize Eldred's citizens like a john takes advantages of whores.

These two citizens were Mr. Frank and Mrs. Marion O'Donnell.  Marion was more talkative than Frank, but the topic about to be discussed was obviously weighing on his mind.  It turns out that the seats that Frank and Marion occupied were their "usual" seats - they attended most board meetings.

I came to learn that Frank had been the Zoning Hearing Board chairman for many years, and also that he helped form and was the President of the Blue Mountain Preservation Association (BMPA) for many years.  The BMPA's initial goal was to fight a proposed race track on the Eldred Township side of the Blue Mountain - on land adjacent to the O'Donnell's property at Smith Gap.  As the fight against the race track progressed, efforts to enact zoning (finally!) in Eldred began, and also preservation of the 360 acre tract in question was envisioned.

Throughout the years, Frank's leadership and participation as well as Marion's constant support resulted not only in preservation of the tract, but increased awareness throughout the community of the importance of property rights for all landowners.  Eldred's zoning ordinance helped make possible the defeat of Nestle's plan in 2016, during which time Frank continued to serve as Zoning Hearing Board Chairman.

I was deeply saddened to learn that Frank (Francis) O'Donnell passed away January 25, 2018 at the age of 81.  It is dedicated individuals like Frank and Marion who are the backbone of a community - those that pick up the sword to fight the slow and steady good fight to preserve the quality of life residents value.  My condolences to Marion and Frank's family.

Synagro fined for sludge application violation in township opposed to Plainfield Township biosolids plant

Waste Management earned a Golden Turd award in February for the most recent application to locate a shit bakery in Plainfield Township. What was the name of that movie - "Same Shit Next Year"?  While previous applications were made by the operator Synagro, Waste Management is taking the dooky by the short hairs in a effort to obviate some legal hurdles and carry this turd over the finish line.

Oooh, that smell - can't you smell that smell?

It turns out the first Golden Turd of the year was prematurely awarded to Waste Management.- it should have been granted to Synagro. In one of several communities opposed to the Syangro plant (Pen Argyl, Wind Gap, Upper Mt Bethel Twp, Washington Twp, Lower Mt Bethel Twp and Plainfield Township) Synagro was found to have spread its shit on frozen ground on January 26 . This is a violation of Synagro's DEP biosolids application permit.

We're so responsible at Synagro that we spread shit on frozen ground

There's an old saying - don't shit where you plan to build a shit factory.  As of  March 9 the DEP website does not show it, but a reliable source reports there was a fine levied.

Synagro and Waste Management file new proposal for biosolids plant in Plainfield Township - same shit different year

Waste Management has always been suspected as wanting extremely badly to have the Synagro biosolids crap bakery added to northern end of its shitpile in Plainfield Township.   They put their shill "non profit" arm Green Knight Economic Development Corporation in the hotseat as the public relations face of the project initially, in a uniformly failed attempt to persuade citizens this is a great project for the community.  They have unmasked themselves - the latest submission to Plainfield Township filed on February 25, 2018 is in the name of Waste Management, not Synagro.

In the past few months Waste Management representatives John Hambrose and Adrienne Fors have been making visits to the board meetings at some of the many towns opposed to this project - singing the praises of crap to the choir.  WM is putting crap where its mouth is.  After a Synagro dog and pony show a year ago, Hambrose had the gall to ask why people wouldn't want "good engineering jobs" that come along with this project - implying this would be the case.  Yay, right John, how many?  One?  What engineer would shack up with a pile of shit - or do you use that title flexibly - is the shit slinger called an "engineer"?

The first Golden Turd award of 2018 goes to Waste Management - congratulations!  Don't let the shit go to your head - the year is young.

Here is a trip down memory lane of the tomfoolery that has transpired since Oct 2016 when this project was initially proposed in a zoning district that Green Knight VP and now former Plainfiield Twp Planning Commission member Robert Cornman Jr.knew full well it was not permitted in, but nonetheless promoted the project enthusiastically and suggested its approval (despite having recused himself) at the Nov 2016 Planning Commission meeting..  In fact, he was and is the Green Knight spokesperson for the project.  Can you say "corruption"?

The current proposal is to expand the Green Knight Energy Center lot to include Synagro on a 12.1 acre parcel, and for some odd reason Waste Management is calling the entire lot "Proposed Synagro Operations".  Multiple permitted uses on one lot is allowed in the Solid Waste district.  But what is proposed is two distinct uses, making crap and making electricity - stop trying to spread lipstick on crap Waste Management.

Blue shading indicated area included in Feb 2018
land development/site plan proposal

The current proposal is a land development plan, which includes a site plan.  The Planning Commission with review both on March 19 (see "Upcoming Events), after reviews are submitted by the township engineer and Zoning Office - expected approximately one week prior to the meeting.  It is odd that Waste Management is going straight to land development - usually an applicant has their Site Plan reviewed and corrects deficiencies and obtains variances, if needed.  Waste Management is clearly attempting to strong-arm Plainfield Township by pressuring them to declare variances are needed.  Based on reviews of previous Synagro Site Plans, it is a certainty that variances will be needed.

The Land Development submission includes a 19-page map package of site plans and detailed drawings, a 3-page package of truck turn diagrams, a 13-page project narrative, a steep slopes narrative, storm water analysis and data package, declaration by Waste Management, and a manufacturer's folder describing the crap dryer.  Several of these are shown below:

Project Narrative and land owner's declaration

Feb 2018 Site Plan Sheet C03 showing Green Knight Energy Center and Synagro on one lot

Feb 2018 Erosion and Sedimentation Plan Sheet C17

Feb 2018 Synagro plant truck movements

Feb 2018 Existing Conditions Sheet C08

Feb 2018 Synagro Truck Tipper detail Sheet C14

A few initial observations:

• Waste Management may be taking the lead now in order to have to only move an existing lot line, instead of adding a lot.  This may allow them to do what is known as a "resubdivision" using the approved and recorded land development plan for the Energy Center.  That subdivision has a yard determination that is in conflict with the SALDO (subdivision and land development ordinance), and is desired by Synagro so that they can use only a 25' setback from the road when they must have a 50' front yard setback.
• Plainfield Township's position is Green Knight/Waste Management never met the conditions of the recorded land development plan for the energy center, so Synagro's plant would in fact require a 50' setback from the road (SALDO relef and a variance)
• The current submission is the first one to realistically display most if not all features that will be needed for the Synagro operation.  For example "truck tippers" are shown, raw material pits, a pump "gallery" where pumping of shit takes place, and a cooling tower.  The Synagro "water treatment plant" has been redefined and relocated as a 58' large storage tank over behind the energy center.
• All of the added features make for an even more congested area where parking, truck movements and employee pedestrian traffic must all take place.
• While each of the two operations requires 3 acres each in the ordinance, and more than 12 acres is proposed, the two uses "overlap".  Synagro's trucks are driving right next to the Energy Center in either a driveway or parking lot.  Thus, the minimum required area is not being provided for the Energy Center - it appears that less than 2 acres contiguous is provided for the Energy Center - which would be a zoning violation.
• The Site Plan refers to the 12.1 acre lot as "proposed Synagro operations, which is a crock.  The Energy Center is within this parcel, and it is in no way related to Synagro's principal use - shit.

Synagro has upped the anty by filing a land development plan.  It is expected that Plainfield Township will do the same in the engineering and zoning reviews - it is time to state unequivocally "A variance is needed to article XXX of the ordinance."  As stated above, normally this would happen prior to land development and variances would be squared away, but Waste Management and Synagro are being pricks and trying to slam their way into Plainfield Township.  It should get interesting soon - the gloves are off and it promises to be a genuine shitstorm.

Synagro Sketch Plan for crap bakery in Plainfield Township requires multiple use variances and one dimensional variance

On Wednesday November 29, the Plainfield Township Planning Commission will meet to review Synagro's latest application to locate a biosolids (crap) bakery in the township.  It is a permitted use, but Waste Management, Synagro, and Green Knights are attempting to wedge this pig into a postage stamp-sized area, and as a result multiple variances are needed.  If they can not demonstrate hardship (which they can't), they can't obtain a permit.  The current application is only a sketch plan - it can neither be approved or disapproved - it's intent is to present a proposed concept and get feedback, ideally.  Synagro already has the feedback it needs from Plainfield Township and the neighboring municipalities - take this shit elsewhere.

Let's review the kinds of variances, and which are easier to be granted under the PA Municipalities Planning Code (MPC), if relief is justified.  There are dimensional variances, in which a dimension such as height, building setback, etc can not be met, and use variances, such as locating a crap bakery in a zoning district it is not permitted, in which a non-dimensional requirement can not be met.  This is what Synagro first tried to do, even though (former) Planning Commission and Green Knight member Robert Cornman Jr. was involved in a similar attempt to locate a business permitted only in the Solid Waste District in another zoning district in 1999.  Click here to see the Zoning Hearing Board opinion rejecting that variance request.  As long time Planning Commission Chairman, responsible for knowing and updating zoning, did he really not know where Synagro's use is permitted?   Did he care?  While the same uniform criteria were intended to be applied to each kind of variance, the PA courts have ruled/interpreted that the most stringent tests for hardship apply to only use variances.  This is ok - Synagro needs multiple use variances.

The following criteria are specified in the MPC, and all must be satisfied to grant a variance:

1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.
2. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
3. That such unnecessary hardship has not been created by the appellant.
4. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
5. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

You may have attended a Zoning Hearing Board (ZHB) hearing, and walked out saying "that sucked - they knew how they wanted to vote before they walked in.  That was a kangaroo court.  What a joke."  This can and does happen, and many times it goes without challenge due to cost (assuming a record was made to justify appeal by an aggrieved party) or an insufficient record to overturn the decision.  A Zoning Hearing Board is a quasi-judicial body, with a stenographer and testimony under oath.  The Board has the latitude to hear testimony and evidence, and decide which it finds credible and which it does not.  Having good standing as a nearby or adjoining property owner increases the pressure on the Board to act as it always should - ethically, and impartially.  On the other hand, unless an objector with good standing (aggrieved party) appears in opposition, the ZHB can pretty much do as it pleases, but the municipality always has the right to intervene and appeal a decision - even if it did not appear and object.  In the case of Synagro, Plainfield Township obviously objects to their plans, and will appear with counsel at the ZHB to cross examine witnesses and present testimony during a variance hearing. When lawyers show at a Zoning Hearing Board Hearing, it increases the pressure even more to follow procedures carefully.  The ZHB's decisions may be appealed to the county court, the Commonwealth Court, and in some cases the State Supreme Court (the Supreme Court agrees to hear a tiny fraction of civil cases on appeal), by either side.  It is vital to get everything substantive on record at the ZHB, since on appeal usually cases are decided solely on the record made at the ZHB.  The issue on appeal is usually did the ZHB make an error of law or abuse its discretion when it ruled based on the evidence and testimony.

Looking at the Synagro Sketch Plan and the Township Zoning Office's review letter, we can see that several variances are needed (letter is at bottom of this post):

1. 318(I) x 2 Front lot line is not separating the Green Knight (p 22) or Synagro lot (p 6) from a street right of way, so the front yard setback is not being met. (U)
2. 402(A) x 2 Neither the proposed Green Knight (p 7) or Synagro lot (p 7) fronts on a street. (U)
3. 505 Areas within 50' of the banks of any streams, lake or pond shall be in open space. (p 10) (D)
4. 315.B.35.a Entrances and exits are not separated as required, and are not located along an arterial or collector road. (p 12) (U)

Basically, the Township is arguing that its recreational trail property (in red) was not intended to be considered a "street" when the agreement to allow temporary use of its property was made, that the access drive constructed on it by Grand Central is not a "street", and therefore the proposed lots can not front on it.  Furthermore, the proposed Synagro use is required to be accessed using separate entrances and exits to either an arterial or collector road, and Grand Central's haul road is neither.  Despite Synagro in its sketch plan narrative stating the the entrances and exits are separated, the truck traffic flow diagrams depict both access drives as used in a bidirectional manner - in conflict with the Ordinance.  These are all serious deficiencies.

Another matter that is highlighted in the Township review is that alternate storm water basins/discharge areas must be identified for each proposed lot prior to subdivision or land development approval.  Also that an amended development plan of Green Knight's from 2001 that Synagro relies on in its narrative never met the conditions for final approval, was not recorded, and is thus null and void. This is kind of important - currently Green Knight is operating in violation of its approved and recorded Development Plan, because it depicts the driveway to Green Knight as going through the proposed Synagro plant and connecting to the road through the front yard.  But that was never built, and the Green Knight driveway goes through its side yard (should be the front yard) on the northwest corner of the building.  Uh oh - Lucy got splain'n to do Lucy.  See a portion of the recorded Green Knight plan, below, depicting the driveway location that was approved but not used.

Portion of Synagro Sketch Plan, Plainfield Twp property shown in red

Traffic pattern of necessity.  Bottom diagram is counter clockwise.  Each access is used as both an exit and entrance in violation of the ordinance.

Recorded Green Knight plan, depicting proper driveway through front yard 50' setback

But it was constructed through the side yard 25' setback - bait and switch

The Zoning Office's review letter is shown below for reference.  Note that five use variances and one dimensional are needed thus far.  One of the hardships to obtain a use variance is demonstrating that the property can not otherwise be used profitably.  In this case, the landfill owns the property, and it is extremely profitable.  All the criteria must be met, so failing to meet just one causes the variance to be denied.

Synagro will obtain approval or be denied, in this observer's opinion, based on legal issues involving use of the Plainfield Township Recreational Trail property, and the variances it will need to comply with zoning.  Look at another criterion above (#4) - "will not impair use of adjacent property" presents a problem in light of loss of use of the Township Trail for decades.  "Public welfare" includes health, safety and welfare items such as odors, air pollution, truck traffic etc.  Recently the township solicitor remarked he may be in court with this for 1 to 3 years.  Perhaps Synagro will just leave....

Sketch Plan Zoning Officer Review- Synagro Oct 3 - 11.2.2017