Is Goodale’s sand and gravel pit expanding? On Thursday the Martha’s Vineyard commission said no and sent the matter back to the town of Oak Bluffs.
Neighbors of the pit have grown alarmed in recent months as the Goodales have cleared eight acres of trees, rerouted an access road to the abutting Little Pond housing subdivision and built a new asphalt tower run by the Lawrence-Lynch Corp., which they claim is responsible for unpleasant emissions. But the Goodales argue that there has been no expansion of the operation, which began in the 1930s and predates modern zoning. In 1962 ownership of the facility transferred to current owner Jerry Goodale’s father, Robert.
At a public hearing last week, Jerry Goodale appeared before the commission with his son, Peter, who also works at the pit.
Before the hearing could begin, though, commissioners Leonard Jason and Brian Smith questioned the merits of the referral.
“What is the proposed development we’re talking about?” asked Mr. Smith, who said that without a permit before a town board there was nothing to review.
“[The town] can refer anything to us,” replied commissioner Doug Sederholm. “They can refer the lunar eclipse in Africa.”
Kevin O’Flaherty, an attorney for the Goodales, added his view.
“This board wasn’t created to be a free-roaming regulatory body that goes and enforces anything unless there is a permit application,” he said. “There’s no permit pending before you.”
Mr. O’Flaherty said the neighbors’ concerns fell within the jurisdiction of state agencies such as the Department of Environmental Protection, not the commission.
“Periodically the site gets cleared but it’s no different than what’s been going on for years,” he said.
Doug Reece, a member of the Little Pond Road association, had another view.
“When you look at the expansion of what’s going on there, if you had been sitting here 50 years ago and looked at this, you couldn’t have imagined what it grew into today,” he said.
“I have a small child and my significant other walks her in the neighborhood and very often she has to turn around,” said neighbor Travis Larsen. “She cannot walk in the neighborhood because of the noxious smell.”
Employees at the pit and construction workers also testified.
“I’ve hauled gravel out of that pit my whole life and I don’t see any expansion of what’s been going on there,” said Robin Hyde.
In the end the commission sided with the Goodales, agreeing that with no permit before a town board and no expansion of use beyond the continuous sand and gravel mining that has been in operation for decades, the regional planning agency had no role in the matter. The commission voted 14-1 not to review the pit as a development of regional impact. Holly Stephenson cast the dissenting vote.
Commissioners also saved some pointed words for the Oak Bluffs selectmen, who they said gave them little guidance in reviewing the pit.
“We should convey to them what a disappointment it is that no one from the town could show up here,” said Camille Rose. “All of us are sitting here for hours, the neighbors are here and we don’t have one single official from the town to answer questions. It’s very annoying.”
Mrs. Stephenson saw it the other way around.
“I think we owe more to the towns. The Martha’s Vineyard Commission is letting down its own responsibilities. I think this clearly is regional. We have the expertise to look at this issue and Oak Bluffs has come to us asking us to look at this because they think that it’s regional,” she said.
“I haven’t heard anything that makes this operation any different for the 30 years before the commission was created or in the 33 years since the commission was created,” replied Mr. Sederholm.
Commissioner Fred Hancock summed up the philosophical question.
“If your business is digging a hole in the ground, your business will expand,” he said.
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