A quarry operator that has incurred the wrath of neighbors and others who say its quarrying operation does not belong in their peaceful residential neighborhood, presented its side of the story to the zoning board during an appeal hearing last week.

Highland Ridge Farm LLC’s attorney, Joshua Parks, told the board that five cease-and-desist notices issued by the town’s building and zoning official earlier this year are without merit and must be dismissed.

In his lengthy presentation, Parks said he has a sworn affidavit from the prior owner of the property, who is now deceased, stating quarry operations have taken place on the site for nearly 100 years. The zoning ordinance which stipulates the property is in a residential zone, he said, “was created decades after the business started.” For that reason, the quarry activities are grandfathered and must be allowed to continue, he argued.

Parks, referring to previous court cases, argued that neither the building official nor the zoning board have the authority to rule on whether the quarrying activities constitute a pre-existing non-conforming use. Instead, he said such a decision is “totally up to the Superior Court.”

Counter arguments

Assistant Town Solicitor Todd Romano, refuting comments by Parks, said the zoning board is fully authorized to regulate quarry operations and to determine if violations of ordinances have occurred. He cited court cases that he said justify the town’s actions.

“The case law and the ordinances and statutes allow this board to make the decisions that it needs to [and] to affirm the cease-and-desist orders that were issued.”

Attorney Randall Souza, who was hired by opponents of the quarry, referenced the disruption to the neighborhood that has been ongoing since August of last year.

“There are plenty of people here tonight ... who will talk about the current conditions, the blasting, the rock crushing, the heavy machinery, the trucks hauling out products, the vibrations, the dust.”

Souza said the property owner, Tom Chace, turned to quarrying when other ideas he had for the land did not materialize.

“Mr. Chace bought the property, as he is entitled to do, and thought he could make a tidy profit off it, as he is entitled to do. He came before the town a couple of times for subdivision approvals, assisted living facilities, and he got shot down. So he said, ‘What am I going to do?’ Out of vindictiveness, he started digging everything up.”

Souza noted that David Stewart, a resident of Highland Road for 37 years, submitted a sworn affidavit that contradicts the contention that quarrying activities have occurred on the property for decades. Stewart, who was acquainted with the former owners, stated in his affidavit that he had ample opportunity to observe activities on the farm.

“Over the course of those years, at no time did I ever personally witness or hear any noise or activity associated with mining, quarrying, and or blasting ... either while I was on the property, or in the neighborhood, or while I was at my own home.”

The hearing is continued to Thursday, June 22, at which time the board will take comments from the public.