34-004 (23) City of Northa Office of the Legal Department
2 195�j MORANDUM
Inc
OfP
RTNq�PT Sp1'0 �
TO: BOB PA SC A SECRETARY
PETER McNULTY, ACTING DPW DIRECTOR
FROM: KATHLEEN G. FALLON, ASST. CITY SOLICITOR II-`
SUBJECT: SARAH CREIGHTON APPEAL - VALLEY AGGREGATES
DATE: JUNE 18, 1990
Fl LE:
There seem to be several issues involved in this appeal
which can cause considerable confusion. The first is the actual
location on the ground of Turkey Hill Road. It appears that the
road ran through the Valley Aggregates site and continued through
the woods to Westhampton. However, the work on the Valley
Aggregates site supposedly has obscured the actual location. It
would be necessary for the DPW engineering staff to go on site
and mark out a center line based on the information it has
available.
The second issue is the legal status of Turkey Hill Road.
It is public for a portion of its length. However, again, the
DPW would have to mark that point on the ground. The road is an
ancient layout and, even if not a public way, may be a private
way over which the public has rights of access. There are
landowners between the Valley Aggregates site and the Westhampton
line who use that way for access to their property. We have had
complaints because the road has been blocked by large boulders at
the Valley Aggregates location preventing through traffic from
Sylvester Road to Westhampton. I have previously advised the DPW
that this blockage of the road appears inappropriate and that the
boulders should be removed.
Ms. Creighton' s complaint focuses on the operations on the
north side of the road. During the recent litigation involving
Valley Aggregates, the company admitted that it could not prove
that any of its operations on the site were in existence prior to
the imposition of the special permit requirements for quarrying
operations. The only records we (or Valley Aggregates) have of
the issuance of special permits relate to the south side of the
road. It appears to me that any activities on the north side of
Turkey Hill Road are an improper expansion of the special permit
use.
The only problem is, of course, determining the location of
the road so that the illegal area of activity may be identified.
GPi/33�(.l.C�i-a.Q.r*tP�c.