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Finley appeals board's decision

Asphalt company had been denied special use permit last month

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Finley Asphalt & Sealing Company is appealing a Manassas area asphalt plant denial by the county. The Board of County Supervisors’ denied a special use permit to build the plant in a unanimous vote in late July.

The appeal, filed Aug. 20 in Prince William county Circuit Court, calls the board’s decision  arbitrary and capricious “because there was no factual basis for its findings that the dust, noise, odor and heavy truck traffic that would emanate from the proposed use, or that the visual appearance of the proposed use would have a harmful effect on the character of the Innovation Business Park.

The appeal also said the board’s decision “had no factual basis for its finding that the proposed use would prioritize a non-targeted industry over the targeted industries existing and planned in the Innovation Business Park.”

The proposed site was re-zoned in 2008 to allow for an asphalt company, contingent on the company applying for a special use permit. Last year, the board postponed the vote after the planning commission recommended approval.

However, based partly on tweaks to the application by Finley, county planning staff had recommended approval before the board vote. Part of these modifications including reducing truck traffic into the plant from 600 to 400, strengthening natural buffers around the site to make it more pleasing and reducing potential pollution by using 75 percent "warm mix" technology instead of the traditional "hot mix."

According to Finley, the plant would have added 100 jobs to the county and $2.3 million to county coffers in the next five years.

A huge turnout of individuals spoke at citizen’s time at the meeting in late July with roughly half of those supporting the application. Those against it were primarily parents concerned about the potential health effects on their children and owners of businesses in Innovation Business Park.

Staff writer Kipp Hanley can be reached at 703-530-3904.

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