Date: Fri 23-Apr-1999

Publication: Bee

Author: ANDYG

Quick Words:

Zoning-Newtown-Sand-Mining

Full Text:

Zoning Officer Moves Against Mining Operation

BY ANDREW GOROSKO

Planning and Zoning Commission (P&Z) members have endorsed a crackdown on

Newtown Sand & Gravel Company in light of various land use rule violations.

P&Z members April 15 approved allowing Zoning Enforcement Officer Gary

Frenette to revoke the company's gravel mining permit, call its $25,000 bond,

and seek court-imposed fines in light of violations at the 11 Toddy Hill Road

surface mine.

In an April 14 report to the P&Z, Mr Frenette said that on January 28 he was

informed by Fire Marshal George Lockwood that the mining company was burying

vehicles at its mine. "I responded that morning at 7:45 am with Mr Lockwood to

inspect the site and found several zoning violations, including but not

limited to several abandoned motor vehicles, trailers, boats, assorted debris,

trucks, one school bus and large piles of cut trees and mulch which belong to

Jim Walsh who is currently removing them."

Mr Frenette adds he issued a cease-and-desist order to one of the property's

owners, Peter A. Horelick, Jr, dated January 28, who then told him the

problems would be corrected within one month.

In ensuing inspections of the property, Mr Frenette found that a great deal of

vehicles and debris had been removed from the property, but violations

remained. An April 12 inspection found items including tires, plastic piping,

a truck nose, two large trailers, a box trailer, a pickup truck bed, several

car bodies, several dumpsters and numerous auto parts, leaving the owners in

violation of several zoning regulations, according to Mr Frenette.

Order

In his January 28 cease-and-desist order, Mr Frenette noted that zoning

violations on the property included a disorderly accumulation of waste and

abandoned or used materials, an automotive junkyard, the processing of junk

materials and the crushing of vehicles. In that order, Mr Frenette told Peter

P. Horelick, Jr, and Laura Lee Lawhon to remove all junk vehicles and debris

from the property.

Mr Frenette said that in order to obtain fines against the operation he would

have to appear before a judge in Danbury Superior Court.

"This is a blatant situation," said P&Z member Heidi Winslow.

P&Z member Stephen Koch urged Mr Frenette to enforce the regulations against

the gravel mine.

Mr Frenette said Wednesday of the violations "I am working on it. I don't know

what's going to happen. It's under investigation."

Mr Horelick wasn't available for comment.