MOUNT DESERT, Nov. 30, 2022 - The longest running zoning battle on MDI is likely headed back to court, after the Zoning Board of Appeals voted 3-1 last night to uphold the Planning Board’s rejection of a permit to restart quarrying operations in Hall Quarry.
The Planning Board voted Feb. 9 to reject the application because an easement for an access road over a neighbor’s property did not appear to be binding and quarrying was deemed incompatible with the surrounding area which became highly residential after the quarry was dormant for many years.
Members James Bright, Kevin Walls and John March voted to support the Planning Board decision. Jerry Suminsby voted against.
In October 2018, a Maine Superior Court judge remanded the case back to the Planning Board which had rejected the permit on a technicality, that the applicant no longer had standing because the operation was dormant for so long.
Last night’s decision was more legally substantive - that Harold MacQuinn Inc. and Freshwater Stone failed to obtain an “easement” to expand the road, as required by ordinance. The easement proposed still gave the landowner rights to govern every activity on the road.
MacQuinn owns the 1-acre property and leases it to Freshwater for quarrying.
The zoning fight began in earnest after quarrying operations was restarted in 2013. Neighbors objected particularly to the noise generated. Even residents across Somes Sound could hear the noise carried by prevailing southwest winds.
Also, a dispute over whether something is a permitted use in a residential zone is a zoning dispute in my lexicon. I think you're cutting it too precisely. The first court case was solely about standing - a technicality, according to your lawyer. The vote last night actually dealt with the substance of the case, according to both Dan Pileggi and Matt Manahan this morning in separate calls. Best.
Both lawyers on your side would disagree with you as they were the sources for my reporting. I should have stated that ...