Group files motion in gravel pit case

ROCKLAND – The attorney for a group of Thomaston residents has asked the court for an extension to file an amended appeal in its lawsuit against two gravel pit owners.

The residents have appeals pending in Knox County Superior Court against George C. Hall & Sons of Rockland and D.L. Overlock of Owls Head, who own and operate gravel pits off Beechwood Street in Thomaston.

The Beechwood Street neighbors tried to block the hauling of gravel, loam and other materials to the Thomaston pits in an effort to reduce the number of large commercial dump trucks traveling the residential road.

The controversy began in July 1999 after a 14-year-old Rockland boy was killed when he turned his bicycle into the path of a dump truck coming from a pit.

Residents complained about increased traffic, safety concerns over the number and speed of trucks, noise, dust, road deterioration and a decrease in the quality of life caused by the gravel pit operations.

Both the Thomaston planning board and zoning board of appeals had approved permits allowing the companies to process materials from other sites.

In September, however, Superior Court Justice Francis Marsano ruled on an earlier appeal, and remanded the matter back to the zoning board because he thought the cases had not been fully considered by that board.

After the judge’s decision, the zoning board met on Nov. 21 and Dec. 19 and again voted to issue permits to both gravel pit owners.

On Tuesday, attorney Samuel Cohen of Waldoboro, who represents the Beechwood Street group, requested an extension of time to file an amended appeal. He noted that the court reporter’s transcript and the board’s written findings of fact and decision had not been received.

As of Wednesday, his motion had not yet been approved. The gravel pit owners also have appeals pending on the zoning board’s first decision.

The December zoning board decision added conditions that the businesses not operate on Saturdays and that its trucks must have covered loads.

The deadline for filing an amended appeal is Jan. 18, but Cohen has asked that it be no later than March 19.