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Council amends zoning to create propane sales/delivery use with safety criteria in aquifer overlay
Summary
After a lengthy public hearing featuring technical testimony, the council amended the zoning ordinance to establish a new use code permitting propane fuel sales and delivery in the aquifer protection overlay, adding specific and objective criteria (NFPA 58 compliance, ASME pressure‑vessel standards, anti‑buoyancy measures, no regular overnight vehicle parking, and neighborhood business hours limits).
The Richmond Town Council voted to amend the zoning ordinance to create a new use code for propane fuel sales and delivery and to add specific and objective criteria for special‑use permits in the aquifer protection overlay district.
Attorney Robert Craven, representing the applicant, summarized expert planning and technical memos and argued propane behaves differently than petroleum: "If released from containment liquid propane rapidly vaporizes and expands into a gas and rises," he said, explaining why the applicant sought an exception from a prohibition that otherwise restricts fuels in the recharge area. Owner Pete Sherman (Newport Propane) described family operations and said the facility would typically see one or two truck loads or loads daily and that underground, cathodically‑protected tanks are inspected regularly.
Residents and technical commenters pressed for safety and public‑health assurances. Toby Clark, who identified experience with natural gas, warned that "propane is heavier than air," and explained concerns about vapor behavior in low topography and basements. Councilors debated how to balance the town’s aquifer protections with economic development.
To address those concerns, the council adopted language requiring that any propane facility in the aquifer protection overlay meet NFPA 58 standards, use ASME‑rated pressure vessels, install anti‑buoyancy measures for buried tanks, prohibit regular overnight parking of delivery vehicles on site, and restrict neighborhood‑business operations between 9 p.m. and 7 a.m. The council made the ordinance changes with the understanding that detailed development plan review and specific site engineering would be evaluated by the planning board before a particular project is built.
Council directed staff to coordinate specific and objective criteria placement in the zoning ordinance and to return consolidated language for final adoption.
