Date: Fri 07-Jun-1996

Publication: Bee

Author: ANDYG

Quick Words:

Turkey-Hill-Road-mining-Beres

Full Text:

Residents Question Status Of Mining Operation In Neighborhood

B Y A NDREW G OROSKO

Some Turkey Hill Road residents are upset because a sand and gravel mining

operation has been active in their neighborhood.

In a May letter to William Nicholson, the town's zoning enforcement officer,

Wendy Beres of 15 Turkey Hill Road asked that Mr Nicholson look into whether

the sand and gravel mining operation on the property owned by Edward Mackey is

allowable under the town's zoning "grandfather clauses" concerning

pre-existing land uses.

"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 writes.

Ms Beres lives across Turkey Hill Road from the mining operation.

"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, Ms Beres writes.

Asked whether the Mackey mining operation is operating legally, Mr Nicholson

said "As far as I'm concerned, the (mining) use was never abandoned." Mr

Nicholson said Wednesday he is awaiting legal documentation to substantiate

his interpretation of the zoning regulations on the matter.

Fred Hurley, town director of public works, said conflicts arise whenever

mining operations border residential properties.

Mr Hurley said he had recommended that the town buy the approximately 10 acres

on which the sand and gravel mine now operates to provide a buffer area and a

possible expansion area for the town's nearby public works yard.

Mr Hurley said the town had been considering creating a nature area near ponds

on the mining site.

But the proposal for a town purchase didn't materialize and the estate of the

former owner of the mine sold the land to Mr Mackey after Mr Mackey made an

offer to buy, Mr Hurley said.

The property deeds held by Mr Mackey grant him legal access to and from the

gravel mine via the town's public works yard, Mr Hurley said. Mr Mackey has

been using his driveway entrance to the mine, Mr Hurley said. That driveway is

located near the intersection of Turkey Hill Road and Mile Hill Road South.