Construction Firm Fined For Mining Operation

By Andrew Gorosko

A Monroe construction company has paid the town a $5,000 fine in connection with illegal gravel mining at a Hemlock Road home site.

Nagy Brothers Construction Company, Inc, paid the $5,000 fine to the town to remedy a series of land use violations stemming from its gravel mining at 5 Hemlock Road. Hemlock Road is a dead end street off Little Brook Lane.

In exchange for the payment of the fine, Zoning Enforcement Officer Gary Frenette approved a certificate of zoning compliance for a home built by Nagy on the site, thus allowing the building to receive a certificate of occupancy. The payment also releases Nagy from further liability in the case.

In an August 25 letter to Norman Nagy, the secretary/treasurer of the construction company, Mr Frenette wrote that on June 3, 1996, Mr Nagy signed a construction permit application which expired on June 3, 1997. Before the permit expired on June 3, 1997, former enforcement officer William Nicholson sent Mr Nagy several letters informing him to renew the permit before it expired, but Mr Nagy ignored those notices, Mr Frenette wrote.

After the permit expired, Mr Nagy continued gravel mining at the site despite receiving several cease-and-desist orders to stop, Mr Frenette wrote.  Nagy’s continuing to mine the property constituted violations of town zoning regulations and sand-and-gravel regulations, according to Mr Frenette.

In a December 17, 1997 zoning permit, Mr Nagy stated that no earth materials would be removed from the site; however, material was later removed, Mr Frenette wrote.

Town Engineer Ronald Bolmer estimated that 650 cubic yards of material beyond the town-approved 12,250 cubic yards was removed from the site, according to Mr Frenette. Gravel sells for about $15 per cubic yard.

The town’s enforcement action against Nagy stems from complaints lodged in 1997 by neighbors about the condition of the property and about truck traffic traveling to and from the site for gravel mining.

In a November 20, 1997, letter to Mr Nagy, Mr Nicholson wrote, “I do want to work with you, but will have to take enforcement action if the material being removed is not only for the purpose of constructing a dwelling on the lot.”

Town case files on the site go back to at least June 1988.

Mr Frenette said the town enforcement stems from Mr Nagy doing the gravel mining without required permits. Mr Frenette said that if Mr Nagy had not paid the fine, the town would have taken the matter to court for a resolution.

Mr Frenette said the Hemlock Road case is one of the worst examples of illegal gravel mining he has seen as an enforcement officer. He said he hopes the fine makes it clear that the town is serious about enforcing its land use regulations. Mr Nagy paid the fine September 17.

In a September 17 letter to the town from attorney Anne Ragusa, representing Mr Nagy, Ms Ragusa wrote, “Although my client has voluntarily agreed to pay the fine, the payment should not be construed as an admission of any wrongdoing, alleged or otherwise.”