Adams Takes Action Against Duke's Sand and Gravel
ADAMS, Mass. — The town has served Duke's Sand and Gravel an enforcement order for violating zoning bylaws and has forced the business to remediate illegal tree clearing that has caused dust to litter Pinnacle Park.
Town Administrator Tony Mazzucco held an informational meeting for park and surrounding area residents Thursday to explain procedurally how the town will penalize John Duquette Jr., the owner of Duke's, who town officials say has broken town zoning bylaws by moving his operation into the buffer zone between the gravel pit and the mobile home park.
"At the end of the day the town is 110 percent behind you so we will take this as far as we can and we are prepared to go to court when that time come," Mazzucco said. "There is no doubt in anyone's mind that this is happening so it is just a matter of making sure we have the documentation to prove it in court."
Building Inspector Don Torrico delivered a cease-and-desist enforcement order to Duquette on March 29 after it became apparent from viewing aerial photography from 2012 and 2014 that Duquette was breaching into the required 100-foot buffer zone and stripping trees and vegetation.
Upon visiting the park multiple times with the Health Inspector Thomas Romaniak, Torrico said it is clear that the dust is airborne and littering the park.
"We actually did witness airborne particulates and we took photographs. Most of your cars were covered in fine particulates," he said. "That is more than enough evidence."
Without this required buffer, there is no natural filter keeping the dust out of the park.
Duquette purchased the property in 2011 and residents confirmed that the dust issues began after he took ownership. Residents noted that the dust is so bad at times it looks as though it is snowing. Also, the dust dirties their homes, clogs their vents and even sets off fire alarms.
The issue came to a head earlier this year when residents brought the issue to the town at various meetings.
Mazzucco said Duquette has 30 days to make an appeal to the Zoning board of Appeals. If he does not and no remediation takes place, Duquette will be fined $100 a day for violating the buffer zone and slope bylaws.
If Duquette fails to pay the fines and does not remediate the issue, the town will take him to court. If Duquette fails to meet the court order it becomes a criminal offense.
Mazzucco said state representatives and the Department of Environmental Protection are also involved.
The residents had health concerns and asked that the dust be tested.
"Is this a health issue? Is there silica in there? It needs to be tested that is No. 1 on the list," resident Gary Singer said. "We can say dust all day long but if this is unhealthy and any one of us in this room gets sick from that then what do we do? Then we have a big big problem."
Mazzucco said he will have the dust tested as well as the air quality at the park.
Residents had more concerns and called up issues of equipment exploding in the pit, materials falling into their yards and gun shooting as recent as Easter Sunday.
Mazzucco was told the police were called to the pit on Easter, however, the shooters were 500 feet away from a dwelling on the property. He said he will check if people can legally shoot there.
Residents also claimed there have been threats from Duquette. Mazzucco said when threats occur, it is important that residents call law enforcement.
"Report any harassments or threats to the Police Department. It does not always mean they can run out and arrest someone but it allows them to make a log entry," Mazzucco said. "That helps us build a record for court."
The town administrator said he will continue to hold meetings to keep residents informed.
"Having dealt with these issues before I am almost positive this is going to end up in court but I can tell you the town is prepared to take him to court and make sure he follows through on the order," he said. "This is the legal process we have to go through."
Residents thanked the town for listening and finally getting something done.
"It affects our property and our lives and we are surprised this is coming to the surface so quickly," resident Joe DaSilva said. "Kudos to you."
Tags: gravel bed, violations, zoning,
