CHESTER, Vt. – The Chester Selectboard met for their second regularly scheduled meeting of the month on Wednesday, Feb. 21. The meeting drew an unusually large crowd, most of whom were there to hear updates on and speak to the board about their ongoing issues with the quarries in their neighborhood owned by Julian Materials, often collectively referred to as the “Julian Quarry.”
During citizens’ comments, multiple Chester residents rose to address the board, expressing frustration that the process of enforcing regulations against the quarry’s owners was proceeding at a rate which they felt was too slow. Several noted that the process has been unfolding for three or more years, and only this past January was a notice of violation issued to the quarry. Despite this step, several felt that more needed to be done to prevent Julian Materials from continuing their alleged illegal activities while the violation enforcement proceedings unfold.
“We want our neighborhood back,” said Gassetts resident Leslie Thorsen, telling the board that she and other residents of the neighborhood had spent hours of their own time and “thousands of dollars” of their own money documenting and reporting the Julian’s alleged violations. Nearby resident Mike LeClair also rose to address the board, saying that to his knowledge, there had still not been any tests done on Dean Brook, which flows past the quarry, to determine what was causing it to run a milky white since quarrying began.
Board Chair Arne Jonynas expressed sympathy for those affected by the quarry’s activities, and lamented that the board lacked sufficient authority to take more drastic action. “I feel bad as a board,” Jonynas said, telling those in attendance that “our authority is limited,” but that “we’re doing what we can.”
Prior to an executive session to discuss legal strategies with the board, town attorney Jim Carroll sat down to address residents and answer questions about the process. Carroll explained that, “By statute, the notice of violation is what initiates the process of enforcement under the zoning bylaws.” The landowner then has seven days to rectify the alleged violations, and 15 days to appeal the violation notice to the development review board (DRB), which Julian Materials has chosen to do. Once the notice of violation has been appealed, there will be a public hearing before the DRB, to determine whether violations have occurred.
Carroll also said that, concurrently, the alleged violations can be taken directly to the state-level environmental court, the possibility of which was part of what he would be discussing with the board in the executive session. If the town chooses to bring the issue before the environmental court, there will be a separate public hearing about alleged Act 250 violations.
While some residents wondered why the town could not revoke permits or enforce the violation penalties on its own, Carroll explained that the DRB cannot issue a civil judgment, which is ultimately necessary before any penalties can be enforced. Carroll also said that he and the town would likely be trying to get in touch with neighbors who were willing to testify at the public violation hearings.
The Julian Quarry violation appeal hearing is scheduled for April 1, at 6 p.m., at the Chester Town Hall. The next meeting of the Chester Selectboard will be on Town Meeting Day, Monday, March 4, at 6 p.m.