A construction company is asking a Frederick County judge to examine a county Board of Zoning Appeals decision to reject the building of an asphalt plant along Md. 85 in Buckeystown.
Hampstead-based C.J. Miller has asked for a judicial review of the board’s November decision that denied the company’s plan to build the asphalt plant south of Lime Kiln Road. The project has raised concerns from people who live near the site.
The board had voted a 2-2 in a hearing in June that the project’s plan didn’t meet various requirements of the county code, such as how much of the plant’s product would come from the site itself. A tie vote means that a plan is not approved.
Although the vote was taken in June, the decision was not signed and made official until November.
The Board of Zoning Appeals decision was itself an appeal of a Frederick County Planning Commission decision from January, which also tied in its consideration of the site plan for the 25-acre site.
The site plan called for a production center on the site, which would process aggregate and recycled asphalt into hot-mix asphalt to be used for paving and other purposes.
The area has been zoned for mineral mining since 1959.
A lawyer for C.J. Miller was not available for comment Monday.
The project has raised protests from neighbors concerned about the impact the plant would have on the community, including smell, lighting, and truck traffic on Md. 85.
One of the most vocal opponents of the project has been St. John’s Catholic Prep, whose property sits across Md. 85 near the site of the proposed plant.
Thomas Powell, president of St. John’s, said Monday he has “major concerns” about the fact that the county even entertained a proposal for an asphalt plant so close to the school.
“They are not meeting our rights as a school,” Powell said.
St. John’s is among several individuals and groups that have joined together to hire an attorney to represent their interests in the case.
Powell said representatives from C.J. Miller have told school officials that the plant would lead to at least 80 more trucks per day on Md. 85, in addition to the truck traffic that already uses the road.
He’s concerned about the school’s teenage drivers and parents dropping students off amid all the truck traffic.
“It’s an accident waiting to happen,” Powell said.
He also has concerns about the environmental impact on the school, including particulate matter, noise pollution, and possible seepage of chemicals into nearby wells and water supplies.
In a county the size of Frederick, surely another plot of land for the plant can be found, Powell said.
“Can’t we find a better place?” he asked.
No hearing date has been set in the case, according to online court records.