Date: Fri 14-Nov-1997

Publication: Bee

Author: ANDYG

Quick Words:

ZBA-Mackey-Turkey-Hill

Full Text:

ZBA Rules Earth Materials Operation Can Continue

BY ANDREW GOROSKO

The Zoning Board of Appeals (ZBA) has upheld the zoning enforcement officer's

position concerning a controversial earth materials processing facility on

Turkey Hill Road.

The ZBA on November 5 upheld Zoning Enforcement Officer William Nicholson's

decision not to issue a cease-and-desist order to the processing operation's

owner. Neighbors of the facility, upset by its presence in the residential

area, had asked Mr Nicholson to shut down the operation through such an order.

Last July, Turkey Hill Road residents told the ZBA they want the town to issue

a cease-and-desist order against the processing operation to stop dust, noise

and odor problems it causes in their neighborhood.

Attorney William Denlinger, representing property owners whose land abuts the

11-acre earth materials site, then told ZBA members the business crushes

stones, processes gravel, and stores soil in an R-1 residential zone, a

violation of applicable zoning regulations. Setback rules are not observed at

the site either, Mr Denlinger asserted.

Also, the town has been allowed to store materials that it owns on the site,

Mr Denlinger said. The town garage borders the property.

The operation is owned by E. Mackey and Sons, Inc, of Monroe.

In coming to their ruling to uphold Mr Nicholson's position, ZBA members

decided that the owner of the property has indicated no intention of

abandoning the site, thus protecting the land use's grandfather clause,

allowing it to remain in operation as a non-conforming earth-materials land

use in a residential zone.

At the July session, some Turkey Hill Road property owners said they believe

there was a past intent to abandon the earth materials processing use of the

site, thus negating such a current land use there.

The processing operation's representative and nearby residents reportedly have

been discussing remedies to the residents' complaints over the facility's

presence.

Vincent Grabowski of 14 Turkey Hill Road, and others, had appealed to the ZBA

Mr Nicholson's decision not to issue a cease-and-desist order to the

processing facility.

Mr Nicholson has said it is unfortunate that some real estate salespeople told

home buyers that the processing operation had been abandoned and would no

longer be used. Mr Nicholson said he had never told anyone the site had been

abandoned. No intent to abandon the site was ever demonstrated, he said.

The town is not able to stop non-conforming land uses that started before

local zoning regulations went into effect in 1958, according to Mr Nicholson.

The town has stored earth materials on the processing site for many years and

continues to do so. Town storage of earth materials on the site began when

Loma Sand and Gravel owned the property in the past.