Bid to delay Monofill decision denied

PALMER — The borough Planning Commission was named as the defendant in a motion for an injunction or temporary restraining order filed by Central Monofill Services, Inc. in superior court on Dec. 14, to halt the commission’s Dec. 19 meeting on its application for a conditional-use permit.

The application by CMS for a conditional-use permit would place a disposal site used for construction and demolition debris in Palmer behind the Noel Woods Indoor Shooting Range.

The first applications were denied in 2013 and 2014, before a lawsuit by CMS contended the planning commission did not follow proper procedure in denying the permit.

A superior court judge in that suit agreed, and ruled in July of this year that the commission must reconsider the application. The current, amended application for the permit includes a new design with a barrier underneath the monofill to protect the aquifer beneath it.

The written borough staff recommendation to deny the amended application states the barrier “does not sufficiently mitigate impacts to the public safety, health and welfare.”

The planning commission heard public comments at its Dec. 5 meeting about the monofill permit application, and delayed its final decision, however, to the Dec. 19 meeting. The motion filed by CMS on Dec. 14 asked the superior court to delay halt the Dec. 19 meeting of the planning commission, arguing it had not been given “adequate due process,” according to court documents.

A judge denied the motion on Dec. 16, writing in opinion that “CMS has not shown that the scheduled proceedings before the Planning Commission would potentially result in irreparable harm. CMS has an adequate remedy at law – to present their concerns before the Planning Commission.”

The judge also noted CMS could file for administrative appeal if the application is denied. The planning commission meets on Monday in the Assembly Chambers at 6 p.m.