#TIMELINE OF EVENTS COLUMN
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Link to Meadow Lakes Comp Plan
http://docs.google.com/viewer?a=v&pid=sites&srcid=bWxjY2FrLm9yZ3xzcHVkfGd4OjU0NDExM2ViODc1OTU1Nw
@MLCC @CompPlan
MyProperty Link: http://www.matsugov.us/myproperty/mydetail.aspx?pID=59872
Account Number: 18N02W24D001
Parcel ID: 59872
TRS: S18N02W24
Abbreviated Description
TOWNSHIP 18N RANGE 2W SECTION 24 LOT D1
@MSB @B&E
Highlight 1-Y: Borough planners in 2007 gave B & E a two-year administrative permit to extract gravel, Strawn said.
@MSB @AdminPermit @B&E
Bronson, Kym J (DEC) kym.bronson@alaska.gov
https://docs.google.com/a/mlccak.org/viewer?a=v&pid=sites&srcid=bWxjY2FrLm9yZ3x3d3d8Z3g6M2UyZjQ4NTQwMjY5ZWU5Mg
Highlight 2-T:
The owners report that the site has accepted construction & demolition (C&D) debris for disposal for at least six years.
NOTE: From DEC June 2014 eMail six years puts B&E accepting C&D material in 2008.
@DEC @B&E @C&D
Highlight 2-O: The permit expired in 2009 and planners OK’d a one-year extension but the company never updated the permit after that though there was “plenty of communication back and forth,” he said.
@MSB @B&E @ AdminPermit
@MSB @B&E @ AdminPermit
From eMail sent by Chuck Kaucic
As per our telephone conversation this a.m., TX for scheduling our presentation for the MLCC mtg on Jan 8, 2014.
The specific purpose is to introduce CC Enterprises’ plan to obtain a conditional use permit for earth materials extraction on Mr. Conrad’s property on Meadow Lakes Loop.
The MSB Planning Dept indicated that this would requirew a Comp Plan amendment & that the MLCC is the first step in the process.
Chuck Conrad is a MLCC resident & business owner who is vested in the community via family, business, & volunteerism & looks forward to addressing the Council.
Kindly confirm any restrictions on presentation time/length that you may have. We estimate the Intro to be 15-20 minutes & then reserving time for questions/answers.
We appreciate being provided the opportunity.
CHEERS!
NOTE: Planning Department advised Mr. Conrad of CC Enterprises that because his property is in Rural Residential, The Meadow Lakes Comp Plan would need to be amended to allow gravel extraction.
@MSB @CompPlan @RuralRes @Gravel
Highlight 3-T:
The borough issued an enforcement order to co-owners Bargabos and John Emmi in April. The borough claims the company has been operating a junkyard without the conditional-use permit needed to do so.
@MSB @CodeComp @B&E @Trash&Junk @MSBCUP
Highlight 1-Y, 2-T, & 3-G:
The Alaska Department of Environmental Conservation recently became aware of the issue, and inspected the B&E Construction site on April 23, 2014.
The owners report that the site has accepted construction & demolition (C&D) debris for disposal for at least six years.
The waste observed at the site was consistent with typical C& D materials. However, disposal of these materials does require a permit from DEC.
@DEC @B&E @C&D @DECPermit
On April 29, 2014 DEC issued a Notice of Violation to B&E Construction because the site was unpermitted, and in violation of state law. The Notice of Violation requires that B&E do one of the following by June 30, 2014:
In the interim, B&E is not allowed to accept any additional waste, and DEC is in the process of investigating this claim that additional waste is being accepted at the site.
@DEC @DECAction
@MLCC @MSB @B&E
@MSBAction @B&E
Steve Bargabos, a longtime business owner in the Valley, favors zoning over the current situation. Bargabos, who owns B&E Construction, said the lack of predictable land-use laws makes for a confusing and sometimes frustrating situation for entrepreneurs.
Right now, Bargabos said during an interview Wednesday, you buy a piece of property and then wait for planning or platting officials to sign off on development plans.
“They can say ‘we kind of like this, we may or may not do this,’” he said. “There’s no solid concrete. At least if you had zoning you would know. You buy a piece of property in this area, you can do anything you want to do with it as long as you meet their standards.”
@B&EOwner @Assembly @MSBCode
From Alex’s email
I conducted a site visit yesterday and made the following findings:
The debris does not appear to contain any junk vehicles and there appears to be very little junk vehicle parts other than tires (there are a lot of tires)
The debris contains parts of small engine outdoor equipment such as lawnmowers and snowblowers
The debris contains appliances such as hot water heaters and freezers
Birds were not present and no foul odors were coming from the pile
B & E Construction did not apply for a CUP prior to hauling in debris.
I hope this answers your questions. Please let me know if you have any additional questions regarding this matter.
From 2nd Alex eMail
Comments regarding the pending administrative earth material extraction permit for B&E Construction are due by July 8, 2014.
Please note that the pending administrative permit is for gravel extraction only.
A permit to operate a junkyard/refuse has not yet been submitted. The owner of B&E Construction has indicated that he intends to have apply for a junkyard/refuse permit by June 27.
**This permit would require a full public hearing by the Matanuska-Susitna Borough Planning Commission and will likely take 2-3 months from time of application.
@Frig @HAZMAT @MSBPlanning @CodeComp
Link to CC Enterprises Application: http://www.matsugov.us/docman/doc_download/115281-b-and-e-gravel-extraction-application-material
@B&EGravelApp @MSBPlanning
#Relevant Information Column from:
Comp Plan Cover
https://sites.google.com/a/mlccak.org/www/files/Comp%20Plan%20Cover.PNG?attredirects=0
@CompPlan
Comp Plan Map
https://sites.google.com/a/mlccak.org/www/files/Comp%20Plan%20Map%20PNG%20vA.png?attredirects=0
@CompPlan @RuralRes @Pittman @Watershed
#“Administrative permit”
#“Conditional use permit (CUP)”
As for what this has meant for Machen Road, the borough’s Capital Projects Director Mike Brown said that so far the contractor for the project, Scarsella Brothers Inc., was proceeding as planned, aiming at an Oct. 31 completion date. He said he hadn’t talked to Scarsella but it would be “premature” at this point to start talking about a delay.
“We haven’t made any moves to change that and we’ll see how it plays,” he said. He said work can continue without a gravel source, to a point. Where that point is and when they will reach it he couldn’t say, but contract schedules have padding in them.
“Obviously there’s a lot of discussion, coordination, direction that’s provided over the course of the project but they’ve got some flexibility in their schedule,” Brown said. “I’m still optimistic though.”
#8.50.005 DEFINITIONS.
(A) For the purpose of this chapter, buildings, walls, fences, yard furnishings, towers, and other structures which have been damaged by dismantling, fire, wind, water erosion, subsidence, snow load, vandalism, neglect, collision or any other cause, to such an extent that they cannot be used for their original purpose without significant repair or alteration, or are declared unsafe in accordance with code by the manager are declared to be junk. The following definitions shall apply unless the context clearly indicates or requires a different meaning.
(3) “Trash” means any shredded, pulverized, broken, damaged, spoiled, discarded or waste tangible material that is, by evidence of its location and disposition, discarded and treated as waste including, but not limited to, food, containers, paper products, cloth, fabric, plastics, construction debris, trash-containing landfill topper material, metal, household items, waste by-products, manure, and liquids or other effluent.
(4) “Junk” means any manmade tangible material that by evidence of its location and disposition is discarded and treated as waste, including, but not limited to, inoperable machinery, scrap iron, copper, lead, zinc, aluminum, or other metals, junk vehicle parts, tools, implements, rags, used building materials, rubber, and paper.(3) “Trash” means any shredded, pulverized, broken, damaged, spoiled, discarded or waste tangible material that is, by evidence of its location and disposition, discarded and treated as waste including, but not limited to, food, containers, paper products, cloth, fabric, plastics, construction debris, trash-containing landfill topper material, metal, household items, waste by-products, manure, and liquids or other effluent.
#8.50.010 PUBLIC NUISANCE.
(A) The accumulation of junk and trash in the borough is detrimental to the public health, safety, and welfare. Junk and trash that is improperly kept, or disposed of, increases risks of environmental pollution and hazards to public health, safety, and welfare and lowers property value in the vicinity. Junk and trash that is improperly kept or disposed of, interferes with the rights of other people to enjoy their property, makes the borough less attractive to residents, visitors, and investors, and harms the quality of life in the borough. Due to the potential for harm to the public health, safety, and welfare, junk and trash kept in a manner prohibited by this chapter are declared to be a public nuisance subject to regulation by the borough.
#8.50.020 PUBLIC NUISANCES PROHIBITED; ENUMERATION.
(A) No person shall allow, maintain or permit a public nuisance to exist.
(B) Public nuisances include, but are not limited to, the following acts and conditions:
(1) Vacant, abandoned or unoccupied buildings are a public nuisance, except those that have been boarded up at all doors, windows, and other openings sufficiently to prevent ingress and otherwise secured.
(2) No person may deposit or place junk, trash, garbage, or junk vehicles or other waste upon a street or borough owned property, or upon any property owned by another or in a refuse container owned by another except with the consent of the owner and for the purpose of collection.
(3) [Repealed by Ord. 04-086(AM), § 2, 2004]
(4) Property on which any of the following conditions exist is a public nuisance:
(a) Property where junk or trash, as defined in MSB 8.50.005, is disposed of, scattered upon, or kept in plain view from any public right-of-way.
(b) Property where abandoned or junk vehicles, junk vehicle parts, abandoned or junked trailers, snowmachines, four-wheelers, motorcycles, farm equipment or other similar items are in plain view from any public right-of-way. For purposes of this subsection, three or more junk vehicles shall constitute a public nuisance. “Junk vehicles” and “junk vehicle parts” shall have the meaning set forth in MSB 8.50.005.
(c) Property where trash, garbage, animal waste, or other putrescible wastes are stored in a manner which creates a public health hazard; or
(d) Property maintained in a condition of deterioration or disrepair so that the property contributes to the diminution of surrounding property values. “Diminution of surrounding property values” means:
(i) a showing through borough tax assessments or testimony from the borough tax assessor that adjacent property values have diminished by 10 percent, as a result of proximity to the subject property; or
(ii) testimony from a licensed real estate agent or broker that the market value of a property in the proximity of the subject property would be negatively impacted by at least 10 percent.
#8.50.025 PUBLIC NUISANCE ABATEMENT.
(A) The manager may investigate any junk vehicle or area with accumulated junk and trash to determine if the subject items constitute a public nuisance detrimentally affecting the public’s health, safety, and welfare or significantly reduces the value of surrounding property or businesses, unreasonably detracts from the character of the surrounding neighborhood, or substantially interferes with the rights of other people to use and enjoy land and water. The manager’s determination shall include findings supporting the decision.
(B) The reduction in assessed value of other real property by the borough board of equalization, due to negative impacts of the junk or trash, may be evidence supporting the manager’s determination that a public nuisance exists.
(C) Upon determination that a public nuisance exists, the manager may issue an enforcement order in accordance with MSB 1.45 to the owner of the property upon which the junk, trash, or litter is located, and to any owner’s agents, occupants, tenants, operators, or any other person responsible for the junk and trash.
(D) The enforcement order may require abatement of the public nuisance and may require provision of visual screening, cessation and removal of the hazard and nuisance, relocation, containment, remediation, decontamination, and other measures authorized under MSB 1.45. If removal is required, the enforcement order shall require proof of legal and proper disposal of the subject junk, trash, or waste. The enforcement order shall provide a reasonable time frame for the property owner to bring the property into compliance.
#17.60.030 PERMIT REQUIRED.
(A) The following land uses are declared to be potentially damaging to the property values and usefulness of adjacent properties, or potentially harmful to the public health, safety, and welfare:
#17.60.110 JUNKYARDS AND REFUSE AREA STANDARDS.
(A) No junkyard or auto wrecking yard shall be established or operated unless the wrecking yard is completely obscured from the view of any traveled or public right-of-way. The permit may require the junkyard or auto wrecking yard not within a building to be contained within a continuous solid fence no less than eight feet in height, if such requirement is necessary to prevent the unsightly display of the yard or for public safety purposes. Fencing may be of one or a combination of the following:
(1) conventional solid wood or metal fencing;
(2) evergreen or other natural planting sufficient to provide year-round screening; and
(3) earthen berm or topography.
(B) In all cases, fencing provided shall be continuous and of sufficient density to provide visual screening required by this chapter on a year-round basis.
(Ord. 84-27, § 2 (part), 1984)
#17.75.170 WASTE DISPOSAL.
(A) All septic waste will be disposed of through a septic system approved by the Alaska Department of Environmental Conservation.
(B) The use of pit privies is prohibited.
(C) Portable toilets with holding tanks may be used during construction of the primary residence, not to exceed a period of 20 months, and subject to proper maintenance and disposal of waste.
(D) Trash and waste will be stored only on the same lot as the principal structure. Trash and waste will be stored neatly and kept in sanitary containers in such a manner to minimize odors, discourage scavengers, and prevent litter, pollution, and health hazards. Trash and putrescible waste may be kept on site for no more than 30 consecutive days before it is transported for proper disposal.
Non-RACM waste, on the other hand, is asbestos-containing material that is not friable or is not likely
to become friable during the demolition or enovation activities.
In other words, it is material that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure or by the demolition or renovation process. Non-RACM waste can be isposed at a permitted construction and demolition waste landfill or at a permitted municipal solid waste landfill provided the operator is willing to accept the waste.
Most building construction and demolition debris is considered “low risk,” which means that it has
little or no potential to cause pollution problems. Some wastes such as concrete, brick, and mortar are
considered “very low risk” and are usually not regulated. This “exempt” waste does not need to go to a permitted landfill, as long as it is not mixed with other wastes. Examples of exempt wastes that you
might encounter during demolition, renovation, or construction projects include:
#Traffic Flow To Church Road
#200 to 240 Trucks per 10 Hour Day
@B&EGravelApp @Traffic
#Reclaimation - Permit Application Does Not Mention Monofill or Inert C&D Material
@B&EGravelApp @Reclaimation @C&DInert
#Related Information Column
#Mat-Su Borough Code
(A) The assembly shall prepare, with the advice and assistance of the commission, and to revise with a written record of revisions made as necessary, a comprehensive borough-wide plan of development designed to:
(1) promote safety for vehicular and pedestrian traffic, prevent congestion and preserve the function of roads;
(2) secure safety from fire, flood, pollution, and other dangers;
(3) promote health and the general welfare;
(4) provide for orderly development with a range of population densities, in harmony with the ability to provide services efficiently, while avoiding over-concentrations of population;
(5) provide adequate light and air;
(6) preserve the natural resources;
(7) preserve property values;
(8) promote economic development;
(9) facilitate adequate provision for transportation, water, waste disposal, schools, recreation, and other public requirements.
(B) The comprehensive plan consists of the following elements, which are incorporated in this chapter by reference. If elements of the comprehensive plan conflict, the element most recently adopted shall govern.
(19) Meadow Lakes Comprehensive Plan, adopted as amended by the assembly, 2005;
Small scale resource-based activities – small scale farming, lumber milling or logging are permitted, if operations are designed to not impact neighboring residential uses
(e.g. through limits on operation hours, noise, smells, etc. – see standards in previous section).
Other resource-based activities, such as gravel extraction already in place at the time of the adoption of this plan, as long as such uses comply with local, and other regulatory standards
Other, non-home-based, commercial uses are conditionally allowed. Preferred uses are in two categories:
Residential-compatible commercial uses include lodges, recreation rentals (e.g., canoe rentals), and espresso stands (same category as in rural residential district).
Commercial activities serving neighborhood commercial needs, such as a video store, or coffee shop. Larger scale, regional commercial developments, such as offices and service commercial activities like auto repair are encouraged to locate in the town center area, or other Parks Highway commercial areas.
Public Facilities and Institutions – schools, churches, similar institutional uses are conditionally allowed.
Resource-based activities – small scale farming, lumber milling or logging is permitted, if operations are designed to not impact neighboring residential uses (e.g. through limits on operation hours, noise, smells, etc.)
Other resource-based activities, such as gravel extraction already in place at the time of the adoption of this plan, as long as such uses comply with local, and other regulatory standards
Link to pages relating to wetlands: https://docs.google.com/a/mlccak.org/viewer?a=v&pid=sites&srcid=bWxjY2FrLm9yZ3x3d3d8Z3g6NTkwNjg4OTk1ZTdjZTBiOQ
Link to Frontiersman Article: https://docs.google.com/a/mlccak.org/viewer?a=v&pid=sites&srcid=bWxjY2FrLm9yZ3x3d3d8Z3g6NzkyYmU2NWUxZjYzZmQwZA