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P&Z Grants Gravel Mining Permit

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P&Z Grants Gravel Mining Permit

By Andrew Gorosko

The Planning and Zoning Commission (P&Z) has routinely renewed an annual gravel mining permit for a Monroe construction firm which the P&Z had prohibited from mining in the past.

P&Z members June 21 approved the surface mining permit for 12 Cold Spring Road in Botsford for Nagy Brothers Construction Company.

The P&Z requires gravel mining permits to be renewed annually as a mechanism to ensure that mining firms comply with applicable regulations.

In a letter to the P&Z, Gary Frenette, the town’s zoning enforcement officer, wrote that the Nagy property is in compliance with town gravel mining regulations and that the firm had submitted its application for a mining permit renewal on time.

Mr Frenette informed P&Z members that there is a lawsuit over the ownership of 9 acres on Cold Spring Road between Nagy and an adjacent property owner which is expected to go to trial this fall in Danbury Superior Court.

The disputed nine acres is not now being worked by Nagy, said P&Z Chairman Daniel Fogliano.

Norman Nagy of the firm told P&Z members that his family has mined the Cold Spring Road site for many years. The area that the company is now working is almost mined out, he said. Eventually, the company plans to move its mining from those four acres to another section of the property, he said.

The mining that is now underway on the site is approximately 400 feet away from the nine-acre plot whose ownership is in dispute, Mr Nagy said.

 Following a closed-door session with their lawyer in November 2000, P&Z members agreed to settle three legal appeals which Nagy had filed against the town in connection with the P&Z’s prohibition on Nagy’s gravel mining at the Cold Spring Road property. The firm had filed one lawsuit against the P&Z and two related legal actions against the Zoning Board of Appeals (ZBA).

The terms of those legal settlements required Nagy to clearly mark the area within which it works to prevent the firm from mining the property where the land ownership is disputed.

In September 2000, Nagy had sued the P&Z in seeking to regain permission for gravel mining. The P&Z had denied the firm a new mining permit due to the ongoing dispute between Nagy and the adjacent property owner over the ownership of the nine acres.

In May 2000, Nagy had sued the ZBA in seeking to overturn a ZBA decision that prevented the firm from continuing to mine sand and gravel.

In December 1999, Mr Frenette had issued a cease-and-desist order to the firm ordering it to stop mining operations at the Cold Spring Road property for violations.

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