Date: Fri 21-Jun-1996

Publication: Bee

Author: ANDYG

Quick Words:

earth-materials-Mackey-Beres

Full Text:

Enforcement Officer Says Earth Materials Operation Is Legal

B Y A NDREW G OROSKO

Newtown's zoning enforcement officer (ZEO) has responded to a Turkey Hill Road

woman's complaint about an earth materials operation in her neighborhood,

stating that it isn't a sand and gravel mine, but actually an earth materials

processing and storage site.

In a May letter to ZEO William Nicholson, Wendy Beres of 15 Turkey Hill Road

had written there is a sand and gravel mining operation on land off Turkey

Hill Road owned by Edward Mackey. Mrs Beres asked that Mr Nicholson look into

whether the operation is allowable under the town's zoning regulation

"grandfather clauses," which concern land uses which existed before zoning

regulations went into effect.

"This property has laid dormant for years...All equipment was removed and no

trucks nor any rock processing took place, as can be attested to by the

numerous abutting neighbors who bought their (new) homes during 1993 and 1994

when the property lay abandoned," Ms Beres wrote. Ms Beres lives across Turkey

Hill Road from the operation.

In his June 14 response to Mrs Beres, Mr Nicholson wrote "First of all, there

is no mining of earth materials being conducted at this site. Mr Mackey uses

this property as it has been used since the late 1950s, to stockpile and

process earth materials which are then used on other sites."

According to Ms Beres, neighborhood residents are upset because the handling

of earth materials near their homes creates noise and blowing dust.

In her letter to Mr Nicholson, Mrs Beres writes "The Loma (sand and gravel)

operation was not actively conducting business between 1993 and 1995. Mr

Mackey purchased this property in December 1995 and began rock operations

immediately. I believe the law is quite clear in that they are required to go

before Planning and Zoning and obtain a zoning permit" for sand and gravel

mining.

Mrs Beres has said she wants the operator of the facility to apply for a

zoning permit so that the P&Z can place certain limits on the facility's

operations, and thus reduce its negative effects on nearby residents.

Mr Nicholson responds "The storage and processing of earth materials, a

non-conforming use, has been conducted at this site since it was purchased by

Hain Brothers in 1959. At that time, a mining operation was conducted at what

is now the town landfill and the gravel was washed and the stone processed at

what is now the Mackey property."

"Loma Sand and Gravel, (which) also used the property to store and process

material, first leased and later purchased what is now the Mackey property. I

believe that there was never an intent by the owners of Loma Sand and Gravel

to abandon the non-conforming use and that this use, in fact, has been

continued from the 1950s to today," he writes.

"For that matter, the town has had an informal agreement with the former and

present owners which allows us (the town) to stockpile earth material on this

property for highway projects," Mr Nicholson adds.

Mr Nicholson continues "To the best of my knowledge, material was never mined

from this location. We have no record of a mining permit issued to either

Hain, Loma, Mattioli or Monroe Redi-Mix...for this parcel. Our files do not

contain any correspondence between Mattioli and Mackey, which you requested.

These files, of course, are available for your review at any time."

Mr Nicholson concludes "For these reasons, I do not intend to issue a cease

and desist notice to Mr Mackey or to insist that he appear before the (Zoning

Board of Appeals) to prove that the non-conforming use being conducted on this

land has not been abandoned."