(

FINDINGS OF FACT AND CONCLUSIONS OF LAW

50. The subject premises is located in the CI:CommerciallIndustriai Zoning District.

51. The Applicant proposes to construct a new landfill gas to energy plant on the subject

property to be used as an electric generating facility.

52. The Applicant proposes to locate the plant on tne subject property which is in the

CI:CommerciaJ/Industrial Zoning District despite the fact that the methane gas is produced from the

adjacent Solid Waste Processing and Disposal Zoning District.

53. The Board finds that the proposed facility is not a permitted use in the CI:Commercial

~dustrial Zoning District and a variance would be necessary to allow such a facility.

54. Section 804.E.3.b. of the Plainfield Township Zoning Ordinance lists the criteria that the

Board must find in order to grant a variance. That criteria is as follows:

(i) 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 ofthis Ordinance in the neighborhood
or district in which the property is located;

(ii) 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 a variance is therefore necessary to enable the
reasonable use ofthe property;

(iii) Such unnecessary hardship has not been created by the appellant;

(iv) 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; and ...

11
 ( (

(v) 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.

55. The Applicant has not shown any hardship in complying with the Zoning Ordinance, and,

therefore, does not meet the first and second criteria of Section 804.E.3.b. ofthe Zoning Ordinance.

56. Because the Applicant has not shown any hardship and the proposed facility would be a

permitted use on other land owned by the Applicant located in the Solid Waste Processing and

Disposal Zoning District, it appears that the Applicant has created its own hardship.

57. Furthermore, the Board finds, based upon competent testimony given at this hearing, that

the location of the proposed gas to energy plant in close proximity to the neighboring residential

zoning districts in the Borough ofPen Argyl would alter the essential character ofthe neighborhood

and would permanently impair the appropriate use and development of adjacent property.

58. Accordingly, the Board finds that the Applicant has not met its burden of proof of a

hardship to be entitled to the requested variance.

59. In addition, the Board finds that the major reason for not locating the proposed facility

within the zoning district in which ~e proposed taeility is a permitted use (the Solid Waste Processing

and Disposal Zoning District) appears to be financial in nature. The Applicant indicated that the cost

of transporting the energy produced by the plant to the proposed industrial park would be more

expensive and possibly cost prohibitive.

60. The Board finds that a financial hardship does not meet the criteria necessary to be granted

a vanance.

61. In addition, the Board is not convinced that the proposed facility could not be located within

the Solid Waste Processing and Disposal Zoning District and still meet the goals and objectives of

the proposed plant.

12