April 7, 2008

Berkley Soil Cons= ervation Board

2 Main Street

Berkley, MA 02779

Dear Sirs,

I am writing on my behalf and that of my neighbors to clearly express our opposition to the earth alteration permit sought by Cape Cod Aggregates. The quarry operation that has been proposed for this site w= ill cause significant harm to neighbors and it will be a detriment to the entire town= .

In the immediate neighborhood, the proposed quarry ope= ration will

· Destroy (“de-water”) our existing wells without a guarantee to restore lost wells,

· impact the water quality of the wells on whi= ch we depend for drinking water, again without a guarantee of mitigation,

· present the potential for damage to our home= s and to other structures, such as pools and septic systems, on our property, thr= ough the use of explosives,

· generate excessive noise and dust through the operation of rock-crushing equipment ,

· greatly increase heavy truck traffic through= our residential neighborhood, including the dangerous intersection of Bryant and Anthony streets,

· the creation of a dangerous open quarry hole that can only be described as an “attractive nuisance,” and

· result in a subst= antial loss of our homes’ property values.

Cape Cod Aggregates has made promises about the sophisticated measures that can be taken to minimize noise, dust and other hazards. The ability of the applicant to deliver on these promises should be considered questionable. Cursory investigation of the company’s operations in other residential areas, most notably in Bourne, West Roxbury= and Quincy, indicate that the company has had numerous disputes with both neighbors and municipalities (see attached). Further, Cape Cod Aggregates has fought at l= east one town’s attempts to regulate mining operations in accordance with = the municipality’s zoning laws. A pre-arranged visit to one of the company’s sites for a “staged demonstration” of blasting cannot be considered adequate fact finding, given the problems reported in other towns.

In addition, the harm that could be caused to our home= s and properties will not be adequately addressed by Cape Cod Aggregates proposed solution. In their property damage and well w= ater mitigation plans, the company would be the arbiter of reasonable claims for compensation as well as the author of the process for evaluating claims. Th= is approach places the burden on neighboring property owners, and removes the company from taking responsibility for the damage that can be caused by reg= ular blasting in a residential neighborhood.

Article 12, Section 9 of Berkley’s Bylaws specif= ically grants the Soil Conservation Board the power to deny earth alternation perm= its that will create “conditions dangerous to premises and residents in the neighborhood” or that will create “noise, vibration, dust, heat, smoke, odor, glare or other nuisances or serious hazards so as to adversely affect the immediate neighborhood.” Clearly these conditions will be = met by the applicant’s intended use for this property.

Beyond the obvious and substantial harm this will infl= ict upon neighboring homeowners, this proposal will damage the town as a whole. First, the approval of an earth alteration permit for a mining operation in= a residential area will send a clear signal that any parcel in town can be us= ed for what Berkley’s zoning bylaws define as “heavy industry.R= 21; This is not a precedent that the town, which prizes its rural character, sh= ould be willing to set.

Finally, Cape Cod Aggregates has already indicated tha= t it would prefer to abandon the property after it has extracted everything of value. The applicant’s offer to deed the land to the town, once quarr= ying is completed, reflects complete disregard for the town. Berkley does not possess the resources = to assume the responsibility and liability of caring for an abandoned pit, nor should it accept those conditions. We should think ahead about the problems this operation would leave for future residents of town.

Because this quarry will inflict immediate harm on neighboring homeowners and long-term harm on the entire town, we urge the S= oil Conservation Board to reject Cape Cod Aggregates’ application.

Respectfully,