Quarry Summonsed as Battle With Neighbors Continues

A between the Lake Street Granite Quarry, nearby residents and the Town of Harrison took another turn this week, as the town issued seven summonses against the quarry for violations of town code.

The summonses were handed out late last week after the town noticed the quarry running an excavator without a permit. In January the town board on the property, halting the excavating portion of its operation. 

Neighbors have been battling the quarry for more than a year, claiming the once dormant property crushes rock, excavates land and operates at strange hours. Homeowners on Old Lake Street, which borders the property, say the dust, noise and debris in the area is almost unbearable.

Lawrence Barrego, who owns and operates the quarry, and his attorney have argued that the quarry was in existence before 1923, the year Harrison's zoning laws were enacted and long before any homes were built in the area. He has claimed that the town is infringing on his property rights.

The Harrison Town Board has maintained its right to oversee the property and hold it to town code. When the board found that the quarry did not prove its continued use of the property to the board's satisfaction it forced the quarry to apply for a permit to continue excavating on the site. According to the April 6 summonses, the quarry continued to excavate without seeking a permit.

"They caught him, he was excavating the hill," said nearby homeowner Sam Fanelli, who has led a resident group in opposition of the quarry. "He was basically telling the town 'I'll do what I want'."

The quarry has not applied for a permit with the Harrison Planning Board as of this week, said Harrison Building Inspector Robert FitzSimmons. Code Enforcement Officer Edward DiBouno signed off on the summonses based on personal knowledge of what was taking place on the property, according to court records.

The counts listed on court documents against the quarry charged the following violations on April 8:

• Count 1 - Excavation was taking place closer than 50 feet to a street line and below grade closer than 100 feet to a street or property line.
• Count 2 - The quarry ownership caused slopes undermining neighboring properties in several locations.
• Count 3 - The quarry ownership used a rock crusher for processing excavated materials within 200 feet of a property line.
• Count 4 - The quarry ownership did not construct a permanent fence around the property, shielding pedestrians from a pit or quarry.
• Count 5 - Materials were stored in areas not permitted by town code on the property.
• Count 6 - An excavator was being used on the property without a permit.
• Count 7 - A paved surface was created on the property without a permit.

The issue will be discussed in court on April 28, Barrego's attorney Michael Sirignano could not be reached for comment.

The town has allowed the sale of material on the site to continue. However, the back-and-forth between the town and quarry regarding other uses is "on-going", according to FitzSimmons.

He said the town is still hoping for an open dialogue with Barrego to find a permanent solution for the quarry, but their has been little communication between the sides in the past.

"Only he knows what he wants with his property," FitzSimmons said.