=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D

=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D

Gravel pit ordered to= close
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
Cape Cod Times (Hyannis, MA)-August 14, 2003
Author: KEVIN DENNEHY

BOURNE - Town officials last night shut down a <= span class=3DSpellE>Bournedale sand and gravel pit after neighbors repeat= edly complained that it was making their lives miserable.

The town's zoning board of appeals concluded that the Scenic Highway operation, owned by Cape Cod Aggregates, had expanded too much in recent ye= ars to remain legal.

While digging at the site must stop after a cease-and-desist order is filed in town hall, the company will likely appeal the decision.

In a room packed with company supporters, Cape C= od Aggregates' lawyer warned that an order to close could put dozens of people= out of work and damage the entire construction industry on the Cape.

The sand and gravel company, which also has a pl= ant in Hyannis, employs more than 50 people.

Most of those employees packed into the hearing = last night at the Jonathan Bourne Public Library, an imposing reminder to board members how many people will be affected if the digging stops.

While zoning board members said they didn't want= to shut down anyone's business, they said that factor had little basis in their decision.

"I really don't think we have a choice,&quo= t; Lee Berger, a member of the board, said about the 5-0 vote.

Board member John Priestley made the vote with reservations, wishing the board had more power to impose conditions on the = site rather than shut it down.

In the end, board members said the business had = just grown too large since strict zoning was passed in 1959, and that Cape Cod Aggregates had lost any claim to "grandfathered" rights.

While less than half of the 126-acre property was mined in the early 1960s, most of the land has been cleared for digging in recent years.

Cape Cod Aggregates officials, who bought the property in 1995, insisted that they've mined sand, stone and gravel on the site just as previous owners have since 1957.

But several neighbors have complained that the increased digging causes waves of talcum-like dust through their windows, a= nd that the business has ravaged property values in the area.

Robert and Alice Bedugnis, who live on the western edge of the pit, asked building inspector Roger Laporte to shut down the business earlier this year. = When Laporte responded that the business was doing nothing illegal, the couple filed an appeal with the zoning board.

Diane Tillitson, law= yer for Cape Cod Aggregates, said company officials didn't believe they were do= ing anything wrong because no town official told them.

She urged the zoning board to consider other opt= ions since shutting the company down would have a troubling domino effect throug= hout the region.

"This is a huge impact on the industry, jobs and construction on Cape Cod," she = said.

At one point, Gerald Blair, attorney for the Bedugnises, turned to the crowd and responded angrily= that it wasn't a question about economic impact, but about zoning.

"(The company) simply did what they wanted to," he said of the company. "And they've been able to do it for = the last couple of years."

So many people attended the hearing last night t= hat many had to listen through screen windows from the outside parking lot.

As the zoning board took its vote, one employee shook his head as he spoke to another. "A couple of people can squash = your livelihood," he said.

Record Number: 0FCEE77B47EEDE52