Planning Commission Recommends Denial Of Concrete/Asphalt Plant

More than 100 concerned citizens packed the Mt. Airy, Md., town hall for the meeting of the Planning & Zoning Commission Sept. 30. At issue, possible adverse effects a proposed concrete/asphalt production plant planned for the Pleasants Property off Twin Arch Road in Maryland could have on their neighborhoods.

Accubid President Thomas Pank of Pank Land LLC has applied for a special exception request for an industrial use that is not specifically listed in the town's zoning ordinance. The use of the property would involve a combination of construction activities, including a contractor's yard, storage and sale of building materials, a ready-mix concrete mixing plant and operation, asphalt production, and a yard waste mulching operation.

The Pleasants property is currently vacant and consists of about 39 acres, which is zoned industrial.

Pank is the contract purchaser of the property and has requested the special exception for the proposed industrial concrete mixing and recycling operation. The matter initially came before the commission at its August meeting for a recommendation to the Board of Special Appeals.

Vice Chair Wendi Peters, who presided in the absence of Chair Joe Jansen, was present as were council liaison Frank Johnson, and commission members Keith Gehle, Oscar Baker, Jack Brown, and Jay Neuman.

Johnson read Section 6.02-B from the zoning ordinance that sets forth uses permitted in the industrial district: "Manufacturing uses of a light nature, and research and development or science oriented industries that are free from any objectionable odors, fumes, dirt, vibration, or noise detectable at the lot line. Such uses shall not be established without an application for a zoning certificate which shall be accompanied by a certification by a registered engineer or architect indicating that fumes, odors, dirt, vibration or noise produced by the industry will not be detectable at the lot line."

Johnson continued by explaining Pank's application is made under Section 2.14 entitled "Uses Not Listed" which states any use not specifically listed in the ordinance shall be allowed by approval of a special exception from the Board of Appeals, to the extent similar uses are permitted by right or allowed by special exception. It goes on to state any such use must meet the general requirements for a special exception and specifies the section shall not apply to any use expressly prohibited in the ordinance.

Johnson concluded, "I don't see how this application can meet [the stated manufacturing uses]. It seems clear to me that at least it's heavy industry. If it doesn't meet this, then we don't have to do it." He added, "It's helpful for the applicant to know this as well."

Accubid Vice President Dennis Haas, representing the petitioner, indicated information had been provided to the commission in answer to questions raised at last month's meeting, and experts had prepared reports on several aspects of the proposed plant's operation, including traffic, noise, and air quality impacts.

Haas stated noise would be controlled by construction of berms as well as by the significant number of trees around the facility that he said would provide an excellent natural physical barrier. He noted the new operations would be phased in, thus the plant would not operate at peak capacity right away.

Haas said the entire operation, not counting the ready-mix concrete aspect, would require about 210,000 gallons of water quarterly. He said water use would be minimal at the beginning but would grow gradually over the next few years and mentioned most operations could be conducted with a self-service water supply.

Haas indicated the proper handling of the yard-waste compost aspect should prevent odors from occurring; however, if that was not the case, they would discontinue receipt of materials creating an odor problem.

With regard to lighting, he said it would be directionally focused and not intrusive to homes nearby.

Haas said The Traffic Group, a Baltimore based traffic study group, analyzed existing daily traffic, traffic control signalization and proposed trucking movements and concluded there would be minimal impact on overall traffic operation.

He indicated Staiano Engineering, Inc., a sound study engineering firm in Rockville, prepared a report on noise generated by truck movements and found it would meet the state 55-dBA nighttime limit with the construction of noise barriers six feet higher than originally planned near the two closest residences.

With regard to noise generated by the asphalt plant, Haas said Astec Industries, Inc.'s study concluded it can also operate within allowable limits as the plant itself is to be located in the lower elevation of the property, and since sound travels in a straight line path, natural changes in the elevation (20-25 feet higher on two sides) would provide a natural noise barrier.

As for air quality concerns, Haas said Wildwood Environmental Engineering Consultants, Inc. of Baltimore prepared a report concluding pollutants emitted in asphalt production are low enough to comply with state and federal regulations.

Haas pointed out the new plant would provide additional jobs as well as add to the town's tax base. He stated, "Uses for the site will fit in [the community] and not stand out". He said the site location is ideally suited to their needs, and no other site in Mt. Airy meets those needs. He concluded, "We understand our responsibility to know the rules and follow the rules." He then added, "We expect to be held accountable for our representations of the details."

After Haas ended his presentation, Mayor James Holt stated, as he did at last month's meeting, he had difficulties with the messy appearance of Accubid's current site and was afraid such would be the case at any new location.