Two appeals have been filed regarding Plainfield Township supervisors’ decision to rezone land to make way for a new landfill.
On Aug. 27, supervisors voted to rezone land from an agricultural zone to a solid waste processing and disposal zone.
Opponents of that decision have now filed appeals with the Northampton County Court of Common Pleas and with the Plainfield Township Zoning Hearing Board.
The request to rezone 211 acres of land came from WM, formerly Waste Management, which operates the Grand Central Landfill in the township.
WM representatives have said the current landfill has about four more years of operating capacity. The newly rezoned land across Pen Argyl Road from the existing landfill will allow for 20 more years of trash disposal operations, according to the company.
Plainfield Township resident Justin Huratiak filed the appeals. Huratiak said supervisors acted inappropriately while making the decision to rezone the land.
Township solicitor David Backenstoe said he could not comment on pending litigation but he did say generally that a municipal rezoning amendment is a legislative act within a municipality that falls under the purview of the supervisors.
The township made every effort to comply with the regulations and laws regarding the rezoning decision, Backenstoe said.
A WM representative said the company has a policy against commenting on ongoing litigation.
WM made a request to rezone the land in 2020 but the supervisors in charge at that time did not move forward with the request. New supervisors have since been elected or appointed.
On Aug. 27, Supervisors Ken Field, Nolan Kemmerer and Jonathan Itterly voted in favor of rezoning the land, while Glenn Borger and Ken Fairchild voted against it.
There have been multiple supervisors’ and township planning commission meetings this year regarding the rezoning. Many proponents and opponents of the landfill spoke passionately at those meetings.
Huratiak was one of the objectors. Huratiak said he has concerns about health hazards of a new landfill and that the current landfill emits unpleasant odors.
“We’ve had our fair share of garbage,” Huratiak said of Plainfield Township being a regional source for trash disposal.
Proponents of the rezoning have pointed out that the landfill has provided the township with millions of dollars over the years and kept property taxes down for township residents. WM has been a significant contributor to local parks, children’s sports league and other charitable causes.
The appeal filed with the county alleges the rezoning decision was procedurally defective.
Allegations state that supervisors did not advise protesters present at meetings that they would not be allowed to question the proponent of the zoning amendment, which resulted in protesters curtailing their comments in the belief they would be afforded that opportunity.
The appeal further alleges supervisors hampered the planning commission’s submission of its report that recommended against rezoning the land by taking away the commission’s regular secretary.
Itterly, who voted in favor of the amendment, was not appointed to his position in accordance with the law, the appeal alleges.
Huratiak has also filed a substantive validity challenge with the Plainfield Township Zoning Hearing Board. That hearing is scheduled for Dec. 3.
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