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Bourne apt to halt gr=
avel pit
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Cape Cod Times (
Author: KEVIN DENNEHY
BOURNE - The zoning board of appeals will likely
place a cease and desist order on a sand and gra=
vel
operation that neighbors say has expanded into an intolerable nuisance.
While Cape Cod Aggregates officials say their
operation is protected by "grandfathered" rights, Bourne's town
counsel last night introduced a comparable case that showed there are limit=
s to
such zoning protection.
In a case that appeared before the Massachusetts
Appeals Court last year, the town of
If the Bourne board orders a=
cease
and desist, it's unclear how extensive it would be, or what type of
repairs Cape Cod Aggregates would have to make on the property, which is off
the
The board will reconvene at 7 p.m. Wednesday at =
Company officials insist they are mining sand, s=
tone
and gravel on the 126-acre site just as previous owners have since 1957. But
neighbors say Cape Cod Aggregates has expanded the operation since buying t=
he
land in 1995, and never got town permission.
Now, neighbors say, dust coats their homes and a
ceaseless rumbling of trucks and crushing stones forces them to shut their
windows.
"I don't think any business should be allow=
ed
to expand to the extent that it (becomes) a total nuisance to neighbors,&qu=
ot;
said Lee Berger, an appeals board member.
The board last night seemed on the verge of voti=
ng
on the issue, but member John Priestley had unanswered concerns, including
technical questions about the Oakham case.
Members also wanted to clarify what steps would
follow a cease and desist order, including how to assure company restoratio=
n of
the site.
Record Number: 0FCC9A498AED0274
C=
opyright,
2003,