Julian quarry neighbors call on Select Board for action 'We want our neighborhood back'

By Shawn Cunningham
© 2024 Telegraph Publishing

The agenda for last Wednesday’s Chester Select Board was short and did not suggest the outpouring of emotion — from frustration to anger — that would come during public comment as neighbors of three quarries in Gassetts pushed the board to act more decisively on the complaints they brought to it last March.

The town’s attorney was set to meet in executive session with the board to discuss the town’s legal strategy and options.

Among their complaints have been loud, repetitive hydraulic hammering all day for most of each week, dumping stone dust into the Dean Brook, unannounced blasting and heavy truck traffic among the quarries. Julian Materials/Allstone avoided being cited for violations by applying for a conditional use permit but after several hearings and a site visit, the company amended — then withdrew the application. It was only then that Chester issued a notice of violation to the companies. The Julians have appealed the violations and that triggers yet another process, with the first hearing scheduled for April 1.

Several of the quarry neighbors spoke, beginning with Karen MacAllister, who told the Select Board what all of them have endured and the actions she and her neighbors have taken — all while the legal process has allowed the quarries to continue operating. “There are no consequences for the business,” said MacAllister, “… there are consequences for the residents.”  She asked the board to keep them in the forefront of their minds.

Saying that quarries and residential neighborhoods don’t mix, Leslie Thorsen said, “We want our neighborhood back.”

Mike LeClair told the board he has had the highest respect for Act 250, the Select board and law enforcement, but after three years of asking, he has seen no action to clean up the pollution of the Dean Brook from ANR, Fish and Wildlife or the Chester Select Board. He pointed to the conviction of Jason Julian for dumping toxic soils in Connecticut and said the situation is making a mockery of Act 250.

Chandler quarry neighbor Mike Kenworthy said that if the town isn’t going to do anything to document what’s going on there, it should deputize neighbors “to do your job for you.”

“We can be your posse,” said Kenworthy, “you don’t have to do a thing, nothing. Unleash the posse…that will fix everything.”

Board chair Arne Jonynas told the group that the board has indeed listened and that he is empathetic toward their plight. But, he added, the board has only limited authority. He noted that the town’s attorney,  Jim Carroll, who was at Town Hall that night, would explain the laws and the process.

Carroll did speak with the quarry neighbors and explained that the process to enforce zoning laws can be long but that it has begun. He also explained that local boards cannot issue the civil judgement that’s necessary to assess and collect fines. He said would be talking with the board about their options including court action to stop the quarrying while the cases go forward.

Several residents asked pointed questions and expressed their frustration with the process. Carroll said ultimately you have to get a civil judgement from the Environmental Court and that you need to talk to your legislature about.

Economic Development Fund Loan increased

Town Manager Julie Hance told the board that work has been proceeding on the former Masonic Temple on Main Street, but that Evan Chadwick of REDD Holdings – the new owners – has been in touch to say they will need to raise an additional $50,000 and wondered if the town would consider raising their current load by $25,000.

REDD bought the building with the idea of having a law office on the first floor with apartments on the second. Chadwick, a lawyer in Brattleboro, is adding a law office in Chester. At one time he wrote sports articles for The Chester Telegraph.

In an email to Hance, Chadwick said the electrical and plumbing are “substantially installed” and that interior walls are being constructed. According to Chadwick, the additional funds will go toward blown-in insulation and heat pumps. Hance said Bob Flint of Springfield Regional Development had looked at the request and thought REDD’s financials are still acceptable. The board approved adding the amount to the original load on the same terms.