Acquired Rights?
The contractor is ignoring the MDDEP Notice of Non-Conformity because it claims that the site has been used as a sandpit in previous years. Based on local knowledge, SOS claims that the pit has not been used for extraction since at least 2000 (that is, for at least 10 years.) Beginning in 2010, clean fill was dumped at the site, but there was never any extraction witnessed by SOS members.
The photos below from the National Aerial Photo Library, seem to bear this out.
Finally, we have evidence that no fees were collected for extraction at this site by the Municipality.
These facts would seem to prove that the contractor's claim of Acquired Rights is without foundation.
The photos below from the National Aerial Photo Library, seem to bear this out.
Finally, we have evidence that no fees were collected for extraction at this site by the Municipality.
These facts would seem to prove that the contractor's claim of Acquired Rights is without foundation.
Personal Statements
December 8, 1953
Small pit visible (covering ¼ of the property) at corner of Rockhurst and 105. No pit visible on the west side of 105.
May 12, 1975
Small pit visible (covering ¼ of the property) at corner of Rockhurst and 105. Pit also on the west side of 105.
May 3, 1980
Only remnants of old pit visible. Seems dormant. Covered in vegetation.
October 15, 2009
This is the Google Earth view of the property.
July 17, 2012
A massive excavation has removed tons of sand.
