Frustrated at what they consider obstructionist tactics, the county waste authority and an ethanol plant builder are considering asking Conoy Township supervisors to change their zoning ordinance.

The change they are contemplating would allow manufacturing facilities such as ethanol to be permitted as a matter of right and not subject to conditions and public hearings.

"We're just looking at the fact that you have one family up there that in both the Penn-Mar and Lancaster Biofuels projects is impeding the development of that industrial parcel next to our waste-to-energy plant," said James Warner, executive director of the Lancaster County Solid Waste Management Authority, which owns the property.

"We believe the decision lies with the supervisors and not the Nissleys."

He was referring to the four-member family that owns Nissley Vineyards, a neighbor of the proposed $120 million ethanol plant site.

On April 14, the Nissleys filed an appeal in county court to Conoy Township's recent granting of a conditional-use permit for the ethanol distillery. The vote was 3-2.

The Nissleys also fought an earlier attempt by Penn-Mar Ethanol to build a plant on the same site. The group pulled out during protracted hearings in 2005.

Judith Nissley, president of Nissley Vineyards, this morning pooh-poohed the suggestion that her family alone was fighting an ethanol plant in their midst.

"It totally ignores the over 600 people in the township who signed a petition opposing the approval of the plant within weeks of the vote," she observed this morning.

"It looks as though they're very concerned they will lose the appeal. When someone stands up for the little guy, that's who they take shots at."

Warner and authority attorney Alex Henderson discussed the possibility of requesting Conoy supervisors to change the zoning at a monthly meeting with authority board members last Friday.

Warner said the authority and Lancaster Biofuels president Seth Obetz have discussed the initiative.

Obetz this morning confirmed the discussions between himself, Warner and Herb Flosdorf, a Lancaster Biofuels consultant and former head of the waste authority.

"I will say we're still in the process of looking at all options," Obetz said.

Stephen Mohr, chairman of the supervisors, said no one has approached the township about a zoning change. Such a change would first be presented to township solicitors.

But, he said, "The reasoning sounds legitimate. It's already a right to have storage there and fuel and petroleum products and grain fermentation. Just not the fermentation process.

"It it's in the best interests of the township, we'd definitely entertain it."

Penn-Mar Ethanol had originally sought an industrial zone in which an ethanol plant would be permitted by right. But residents and township planners complained about the lack of public input and ways for the township to build in protection.

Penn-Mar amended its request for a rezoning of the property based on conditions.

Nissley added that during the creation of a comprehensive plan for the township two years ago, a survey of residents showed they wanted only light industry.

Stephen Rhoads, a Conoy planner who authored the conditional-use renewable fuels ordinance in 2004, said this morning, "A heavy industrial refining facility is not something that should be granted by right."

But Warner maintained that "host fees" paid by the authority to the township for the waste-to-energy incinerator enable Conoy the luxury of being one of only four county townships to operate without a real estate tax.

However, a 20-year contract between the authority and township to pay more than a state-required minimum host fee expires in 2011, and the amount the township receives may drop by 60 percent. The township, he said, needs to expand its tax base.

"Maybe the Nissleys aren't concerned about a tax being imposed in the township, but I'm sure a lot of the residents are," Warner said.

The authority could have sold the property on which an ethanol plant is to be built to warehouse-type suitors but carefully chose an ethanol plant willing to pay its own way, Warner said.

Through the sale of steam, that choice will be good for the authority, the township and the county, he said.


Staff writer Ad Crable can be reached at acrable@LNPnews.com or 481-6029.