Today, the Plainfield Township Zoning Officer made an official determination that Synagro's proposed use on the Grand Central Sanitary/Waste Management site is not permitted. Therefore, a Use Variance is needed. This is the second Use Variance Synagro needs, since a week ago it was determined they are adding a principal use and only one per lot is allowed by right.
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.
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The Zoning Officer initially ruled that Synagro's proposed use is similar to a Recycling Facility, which the zoning ordinance defines as the reprocessing of manufactured goods such as glass, cardboard, aluminum containers, etc for use elsewhere. The Zoning Officer either did not consider or for some reason did not choose a perfect match in the ordinance of "Materials Separation Facility" - which is defined as treating solid waste by means including thermally, for use elsewhere. This use is only permitted in the SW district. He corrected this error in his ruling today.
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How it is possible that Green Knight Economic Development Corporation (GKEDC) 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. Surely they must have realized that Synagro's use is permitted in the district they have a monopoly on, but is not permitted next door in C/I. The advertising literature indicates they spent a year researching and designing this project. How did they screw the pooch figuring out where it is allowed? Throw a dart and you could do a better job.
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 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.
When the Zoning Officer's opinion is obtained, it will be posted.
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
Who's the dumb arse who came up with this plan?
The Zoning Officer initially ruled that Synagro's proposed use is similar to a Recycling Facility, which the zoning ordinance defines as the reprocessing of manufactured goods such as glass, cardboard, aluminum containers, etc for use elsewhere. The Zoning Officer either did not consider or for some reason did not choose a perfect match in the ordinance of "Materials Separation Facility" - which is defined as treating solid waste by means including thermally, for use elsewhere. This use is only permitted in the SW district. He corrected this error in his ruling today.
Plainfield Township Zoning Ordinance Definitions and SW district purpose and permitted uses
How it is possible that Green Knight Economic Development Corporation (GKEDC) 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. Surely they must have realized that Synagro's use is permitted in the district they have a monopoly on, but is not permitted next door in C/I. The advertising literature indicates they spent a year researching and designing this project. How did they screw the pooch figuring out where it is allowed? Throw a dart and you could do a better job.
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 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.
When the Zoning Officer's opinion is obtained, it will be posted.