The former Journal Tribune building at 457 Alfred St., could become a marijuana cultivation facility, pending approval of a zone change by the Biddeford City Council. Owner Five Star Holdings approached the Planning Board for the change, which it voted to recommend. Journal Tribune File Photo

BIDDEFORD — The former Journal Tribune building at 457 Alfred St. could become a marijuana cultivating facility, pending the approval by Biddeford City Council of a proposed zone change.

Patrick Donahue of Five Star Holdings, which owns the property, told the Biddeford Planning Board on March 17 that he would like the council to change the zoning from Industrial 3 to Industrial 1. The lots involved are adjacent to the I-1 zone.

After a public hearing drew no comment, the board discussed the proposal and voted 3-1, with Sean Tarpey dissenting, to make the recommendation.

The change would involve zoning for 1 Enterprise Drive, and parts of 451 and 457 Alfred St.

The applicant plans to turn the 1975 building into an adult use cultivation facility, which is not permitted in the current I-3 zone, and caregiver retail facility for medical marijuana, which is. Cultivation is permitted as a conditional use in the I-1 zone.

Planning Board members were primarily interested in odor mitigation, though there were other expressions of concern.

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“This is the first time we’ve experienced someone requesting to move from one zone to another,”  said member Spiros Droggitis. “I assume it is allowed?”

City Planner Greg Tansley said it is allowed. He said “spot zones” cannot be created — “you can’t ask for a zone change in the middle of a farm zone and make it industrial,” he said as an example. Tansley said the request made by Donahue could be made because it is adjacent to the zone sought.

Alternate member Alexa Plotkin asked why Donahue was asking for a zone change, rather than a contract zone.

Donahue said he believed contract zones were a more difficult process and “opens things up for an unlevel playing field with competitors.”

Plotkin said she viewed the zone sought as designed for heavy industry.

“(The cultivation facility) won’t always be there, and a zone change will,” said Plotkin. “I’m not against the use or their business or what they want to do at all,” she said, pointing out the zone is on Route 111, a major corridor.

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Donahue pointed out that there is little difference between the zones — he said would lose the ability to locate a financial institution there, and gain the ability to open a recycling center — but didn’t see himself, “sorting bottles and cans.”

“I’m open to putting it back in the I-3 zone with the new Comprehensive Plan as long as we’re allowed to grandfather,” he said.

Alternate member Michael Cantara asked about odor mitigation plans.

Donahue said he plans to invest $3 million into the project and that his research has led him to the conclusion that the most important factor in dealing with odor is to create a sealed unit. He said the building will feature “rooms within rooms,” each with their own HVAC systems, and that air will not be dispersed outside. He said the HVAC units will have scrubbers inside, charcoal filters and ultra violet lights. The interior rooms will be created with premade insulated wall panels, creating “clean rooms” inside the warehouse space already there.

Tansley said  odor had been an issue in other areas of the city and pointed out that the City Council has expressed concerns about  odor. However, he also noted  the applicant has submitted his odor mitigation plan early on.

“If this zone is eventually adopted by the City Council, the applicant still has to come back for a conditional use permit for cultivation,” Tansley said.

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Cantara said if the zone change is approved by the council, the Planning Board could have deeper discussion about odor mitigation.

The odor mitigation plan submitted with the application for a zone change calls for closed loop HVAC systems that will recirculate 100 percent of the air supply distributed throughout the facility.

“Ionization and active carbon filtering will be installed to mitigate odors within the facility,” the plan states, in part. “To the extent possible, the odor mitigation will be intended to mitigate odor migration to the outside of the building and surrounding areas. Each grow room will be designed to create negative air pressure within the growing environment. This essential component to our odor control system isolates odors and doesn’t allow them to escape from their respective grow areas.”

The mitigation plan goes on to outline how air in each room, whether cultivation, drying, trimming or packaging rooms will be handled.

Donahue said abutters were noticed of the proposal.

“(The) goal is to be a distributor, more than anything,” he said of the proposed project.

The building at 457 Alfred St. was constructed in 1975 and sold to Five Star Holdings in 2015 for $1.3 million, according to the City of Biddeford property records. The newspaper leased the building until 2018, and then, as a part of Masthead Maine, moved with its sister company, Mainely Media LLC, to 6 Digital Drive. The Journal Tribune ceased publication in October 2019.

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