Date: Fri 18-Jul-1997

Publication: Bee

Author: ANDYG

Quick Words:

Turkey-Hill-ZBA-Mackey

Full Text:

Residents Protest Stone-Crushing Operation

BY ANDREW GOROSKO

Turkey Hill Road residents Wednesday night told the Zoning Board of Appeals

(ZBA) they want the town to issue a cease-and-desist order against a nearby

earth materials processing operation to stop dust, noise and odor problems it

causes their neighborhood.

Attorney William Denlinger, representing property owners whose land abuts the

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

processes gravel, and stores soil in an R-1 Residential zone in violation of

applicable zoning regulations. Also, setback rules are not observed at the

site, Mr Denlinger asserted.

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

Mr Denlinger said he had asked Zoning Enforcement Officer William Nicholson to

order the operation to stop, but Mr Nicholson declined to do so.

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

site, Mr Denlinger said. The town garage borders the property.

Turkey Hill Road property owners believe there was a past intent to abandon

the non-conforming earth materials processing use of the site, thus negating

such a current land use there, according to Mr Denlinger.

Mr Denlinger alleged the processing use of the site was abandoned, but now it

has resumed and increased in intensity, thus running counter to the underlying

principles of zoning. Zoning is intended to protect the citizenry, he said.

When there was no apparent activity at the site, a number of homes were built

on adjacent land, Mr Denlinger said. But then, earth materials processing

resumed to the chagrin of the new residents, he said.

Robert and Wendy Beres of 15 Turkey Hill Road state the processing operation

adversely affects the health, safety and welfare of abutting property owners.

Victor Cariri of 24 Turkey Hill Road said he and his wife moved into their new

home in September 1995 after they had been told by a realtor that the nearby

processing operation had been abandoned.

But in late 1995, noisy processing machinery began being used there, he said.

Mr Cariri said he and his wife moved to Newtown for its pleasant environment,

but what they found wasn't what they expected, noting that blowing dust and

diesel fumes are far from pleasant.

"Please give us some relief from this," he said.

Ernest Vitarbo of 20 Turkey Hill Road said, "This operation disrupts us every

day. ... It's becoming intolerable."

Vincent Grabowski of 14 Turkey Hill Road said he was the first person to buy a

new home in the subdivision abutting the processing site. He presented

numerous photos to illustrate his objections.

Mr Nicholson said it is unfortunate that realtors 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 current use of the

property should continue, he said.

"The law, I think, is very clear," Mr Nicholson said in noting that the

processing site can continue operations.

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

local zoning regulations went into effect in 1958, he said.

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

continues to do so, he said.

Attorney Stephen Adams, representing Mackey, read a letter from Town Attorney

David Grogins to Adams, stating that when the former owner of the Mackey

property was attempting to sell the 11-acre parcel to the town in the past,

the owner made it clear that he didn't intend to abandon the non-conforming

earth materials processing use of the site.

Mackey intends to build a permanent berm there to shield the neighbors from

the site, Mr Adams said.

Mr Adams urged ZBA members to inspect the property before deciding on the

neighbor's request for a cease-and-desist order on earth processing.

Town storage of earth materials on the site began when it was owned by Loma

Sand and Gravel and continues under the ownership of Mackey, Mr Adams said.

ZBA Chairman Charles Annett, III, said ZBA members will visit the property

before ruling on the matter.