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Settling the dust
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Cape Cod Times (Hyannis, MA)-August 6, 2003
Author: CAPE COD TIMES

       As early as tonight, the Bourne Zoning Board of Appeals could issue a cease and desist order against Cape Cod Aggregates, a sand and gravel operation north of the Cape Cod Canal in Bournedale.

       If it did, it would be acting precipitously.

       Instead, the board should begin the process of allowing the 46-year-old business to continue to operate without causing hardship to neighbors.

       In recent years, more and more neighbors have complained to town officials about excessive noise, dust and encroachment at the business.

       "This operation is just as obnoxious, it's = just as much a detriment to the neighborhood and it's just as much in violation = of the zoning in that district as you can get," said Gerald Blair, attorn= ey for two neighbors pushing for the business to be shut down.

       Company officials insist they are just trying to= run a business and that they are willing to become better neighbors.

       At issue for the zoning board is whether the cur= rent plant violates local zoning, or if it remains protected by "grandfathered" zoning rights.

       Another issue is whether past expansions of the 126-acre business have been legal.

       On the first point, it's clear that the business existed before the current zoning designation, which is "scenic development" and homes, and should enjoy some "grandfathered" rights.

       On the second issue, the business should be penalized if it expanded without proper town approvals.

       In addition, the zoning board should impose cert= ain conditions for future operations.

       But, in the end, the business and the neighbors = must learn to live together.

       And Cape Cod Aggregates must take the first step toward improved relations.

       Diane Tillotson, att= orney for the business, says the company will continue to move the noisiest operations away from surrounding neighborhoods and limit the dust clouds by spraying the dirt with water.

       She also said the company is willing to wash tru= ck tires before they leave the premises.

       For their part, the neighbors must remain vigila= nt, form a neighborhood coalition and keep the town informed of possible violations.


Record Number: 0FCC986BD4DDBA60

C= opyright, 2003, Cape Cod Times. All Rights Reserved.