Penhold's Municipal Planning Commission (MPC) has approved Myles Monea's controversial Custom Bulk Services expansion and plans for new facilities on Fleming Avenue.
MPC met on May 21 to discuss industrial expansion at 920 and 950 Fleming Ave. as proposed by Monea, the company's owner and operator, with each address requiring a separate proposal. With the approval, MPC listed several conditions.
“I was disappointed in their ruling in the sense that MPC did not consider the adjacent neighbourhood in their decision,” said Kevin Small, a Fleming Avenue resident. “Despite our presentations, both applications were granted.”
At 920 Fleming Ave., Monea proposed building six storage bins and two additional elevator legs at the site of his existing business. Monea submitted plans to expand his operation at 920 Fleming Ave. to the vacant 950 Fleming Ave. location with two overhead storage bins and a new leg overhead structure with a dust collection unit.
After receiving notice of the approval, the Small family, along with several others, filed an appeal against Custom Bulk Services' development on 950 Fleming Ave. on June 9 based on an alleged misinterpretation in contravention of a section of the town's Land Use Bylaw that states that permitted I2 industrial buildings can only be 33 feet high.
“The proposed tower is over 105 feet tall,” said Small. “Far taller than the bylaw allows.”
The MPC meeting in May was attended by 43 members of the community, which included mostly opposing Penhold residents, along with Monea and his legal counsel.
Residents raised concerns over traffic flow, fracking sand issues, property devaluation, noise pollution and quality of life. Monea countered his intentions were to make the facility as safe as possible for Penhold citizens. His legal counsel, Gayle Langford, said her client's business was a permitted use and any proposal was a matter of falling within MPC guidelines.
“A decision was made by MPC that evening,” said Tricia Willis, planning and development officer. “Both proposals were approved with four conditions.”
The conditions state that any products being brought into the site are ones outlined in the Material Safety Data Sheets (MSDS) and that Custom Bulk Services split the cost of landscaping the adjacent boulevard if the town deems it necessary. MPC also ordered that a hard surface apron be installed at both locations and a six-foot fence be constructed to block the view of the yard from a distance 60 metres or 200 feet back.
“Letters were sent out May 27 to meeting attendees informing them of the decision to approve the proposals and the attached conditions,” said Willis, confirming one appeal has been received and that it will be heard at a Subdivision Appeal Board (SBAD) meeting on June 26 starting at 6:30 p.m.
In their letter of appeal, the group of protesters also mentioned a Land Use Bylaw requirement stipulating front and rear yard minimums.
Willis noted that a decision will be made at the SBAD hearing and attending parties will be notified of the resulting decision.
Efforts to contact Monea were not immediately successful.
