Hilltown Sand and Gravel.
Reminder Publishing photo by Amy Porter
HUNTINGTON — Melvin Hess and other principals of Hilltown Sand and Gravel, at 87 Worthington Rd., came before a joint meeting of the Huntington Planning Board and the Zoning Board of Appeals on July 9, to discuss whether the company needed a special permit to continue operating.
Linda Hamlin, chair of the Planning Board, said before the current owners purchased it, the earth removal operation at that location had expanded illegally, without acquiring the necessary special permit. Since the use did not comply with town bylaws, it could not be considered grandfathered in, she said. She said, however, that she could not find any documentation regarding her contention.
Hess brought in a letter dated May 21, 2014, addressed to Paul Senatore of Donovan Brothers Inc. from George Webb, chairman of the Zoning Board of Appeals at that time.
He said the letter states that no special permits were given to Donovan Bros., which according to the letter had been in business since at least 1969. The committee stated that the business was established in 1950.
The letter from 2014 stated: “This letter is in response to your request (at our last Zoning Board of Appeals meeting) to furnish you with any documentation relating to the issuance of special permits to Donovan Brothers Inc. I could find no such records. I refer you to Huntington’s Zoning Bylaw adopted on Oct. 15, 1985,” which, according to the letter, specifies, “Existing operations which have never been required to hold a permit will be exempt from the terms of this bylaw so long as they continue to be operated at a volume consistent with their operational history. Functional cessation of operation for a period of 24 months or longer, unless consistent with operational history or a measurable sustained increase in volume of operation, shall invalidate the exemption and the operation shall be subject to the permitting process outlined herein.”
The letter also referred to a separate exchange of letters requesting a permit to store coal on their property, and to other letters regarding that same request.
Hess also referred to another letter that documented the operational history of 100,000 tons in and out of Huntington Sand and Gravel. Hess said he had spoken to Gale Donovan, from whom he had purchased Huntington Sand and Gravel in 2020, who said they were not even close to 100,000 tons.
“According to the history of what it was many years ago, they tapered on and off. When they dipped a little bit, they came back a little bit,” Hess said.
He asked how the request by the boards for a special permit stands up against Donovan’s documents, which he said were current with state and local records from 1950 through 2020, when the business switched over to Hess.
Karon Hathaway, chair of the Zoning Board of Appeals, asked whether Hilltown Sand and Gravel was excavating any material on the property.
Hess said no, initially Donovan Sand & Gravel had excavated the property. They then brought material in and out of the yard. He said Donovan had expanded over the years through the purchase of other gravel pits.
Hathaway asked about the processing that is done on the yard, which Hess described as sending gravel through screeners which is then sorted to certain sizes.
“What they were processing in 2020 is close to what we’re processing,” Hess said.
Another Hilltown Sand and Gravel representative said the 100,000 tons was based on operational history prior to 1983.
Hess said what Hilltown Sand and Gravel would like to see, since it has been in business since 1950, and according to the 2014 letter from ZBA they were exempt from a special permit according to the bylaws, is to have the committee say “it’s OK.”
“We would like you to get a special permit,” Hathaway said. She said in five years, the entire board could turn over to all new people, and she would like to see them set the record straight and get a special permit.
Hess’ colleague said if they apply for a special permit, they would lose the pre-existing conditions. Hamlin said the committee could give them exemptions, but not variances.
Hess said there are a lot of misconceptions in the public, such as their business not having to pay taxes.
“We do pay taxes,” Hess said.
Hess’ colleague asked in what particular area they were out of compliance. He said according to the letter of 2014, the business was not required to have a special permit and was exempt.
“As far as I can see, we’re not out of compliance,” he said, adding that processing is an existing use.
“We should have our attorney look at this letter,” said Hathaway.
Hess said he would be interested to know what a lawyer would say regarding pre existing conditions.
After further discussion, everyone agreed to put a pause on the discussion of a special permit for Hilltown Sand and Gravel until after the Hull Forestland proposal for an earth removal facility has been settled. The next public hearing on that matter is scheduled for Aug. 13 at 6 p.m. in Stanton Hall.
