SLT mining site, Carver MA
Carver Zoning Board of Appeals refuses to stop violations
So many boards, no one will act.
Local residents’ tireless efforts to protect our drinking water and communities were rebuffed again on July 19, 2022.
The Carver Zoning Board of Appeals, Stephen Gray, Esq. prevailing, rejected an appeal by Save the Pine Barrens to enforce the law against SLT. In January 2022, STPB asked the Building Inspector to stop the violations because the mining operation is prohibited in the “SSID” zoning district. SLT is trying to argue the 7 year mining operation is just “site preparation” for a subdivision, not mining. This is a farce.
Of course, the Building Inspector refused to do his job.
The law provides a right to appeal to the ZBA to enforce the law. That’s what STPB did.
After innumerable delays and stalling, the ZBA pronounced its flawed decision on July 19.
The ZBA hearing was a kangaroo court. The Chair contrived a legal argument that is laughable to avoid making a decision.
One after another, the ZBA members followed their leader, Attorney Gray, adopting his flawed and contrived excuse. They voted unanimously to deny our request for enforcement. Gray’s legal argument saying the ZBA doesn’t have jurisdiction to enforce the zoning bylaw doesn’t pass the straight face test. If the ZBA doesn’t have the authority to enforce the ZONING law who does?
Of course the Carver “ZONING BOARD OF APPEALS” is supposed to enforce the ZONING law!
There is a right to file a lawsuit in court to appeal. We are considering options.
This reminds us of Gray’s equally flawed, contrived decision in September 2021. That time he threw out STPB’s appeal of AD Makepeace’s violations saying we hadn’t paid the filing fee on time. There was no posted filing fee and the Town accepted and processed the appeal while the filing fee was being paid. Our lawsuit challenging 2021 Gray’s decision on the filing fee goes to court on August 18 in Superior Court in Brockton. Open to the public.