Neighbors appeal concrete plant on King's Highway, construction postponed
Edgewood Development’s plan to build a concrete plant on King’s Highway in Rochester has been halted while abutters appeal the plant for the third time.
The appeal filed on March 5 by abutters of the proposed plant cites concerns with noise, traffic, and the potential impact on property values.
The most recent appeal follows the February 9 ruling of the Zoning Board of Appeals to uphold the Planning Board’s decision to approve Edgewood’s plans.
After the February 9 decision of the Zoning Board, Tim Higgins, vice-president for Edgewood, said that he was excited to move on with the building process for the plant.
“We’re very, very excited with the decision,” he said. “I’ve been doing this for 27 years, and this was definitely one of the most thorough reviews.”
Before Edgewood filed for a building permit with the Building Commissioner James Buckles, neighbors of the would-be plant raised concerns with the level of traffic moving in and out of the plant, as well as the noise levels.
The Planning Board approved Edgewood’s site plan with 43 conditions.
In November Higgins said that developers have since met with all of the conditions. The Zoning Board agreed with Higgins in February.
Attorney for the abutters, Ben Tymann of Boston-based Mintz Levin, first filed an appeal last spring challenging the decision of the Planning Board.
Tymann and his clients have said that the proposed plant violates local zoning bylaws, section four.
The bylaw states that no building permit will be granted to any industrial building that may prove offensive to its neighbors, or decrease their property values.
Edgewood’s proposed bituminous concrete plant would do just that, Tymann said.
Since the Planning Board’s decision in May, Tymann and his clients have lost their case twice.
Tymann and representatives from Edgewood had taken their case to the Zoning Board.
In November, Higgins said that the plant would be built further away from the road in an effort to ease some of the neighbors’ concerns.
Tymann argued that having an industrial plant in the mostly residential neighborhood would decrease the property values of the nearby residences by at least 15 percent.
This, he said, was based on real estate appraisals.
Higgins said that existing industrial complexes in the area, such as Shea Concrete Products on nearby Cranberry Highway, have not had a negative impact on the area.
In February Tymann said that he felt confident in the abutters’ argument against the building of the plant.
“If we did appeal, because we have multiple abutters, we feel confident the courts would rule in our favor,” Tymann said.