Judge Orders Southeast Scrap Yard to Reduce Size

Southeast, Mass., supervisor John Dunford issued an ultimatum to those breaking the laws of Southeast. "If you are in violation, we're going after you."

Southeast's chief elected official reacted to a decision handed down by State Supreme Court Justice John Sweeny last week ordering Simon's Auto Wreckers to reduce the size of its business as a result of the town's ordinance limiting the size of junkyards in greater Brewster.

The judge's three page ruling acknowledged that Southeast's zoning code in 1960 was amended to restrict increases in pre-existing and non-conforming uses. Sweeny ruled that Southeast had demonstrated that the defendant had "exceeded the boundaries" and as a result should be compelled to "reduce the footprint of the junkyard-auto wrecking operation and clean up all of the junked cars to its 1960 dimensions."

A hearing May 11 will determine what the dimensions will be.

Southeast Councilman Paul Johnson called Sweeny's decision a "big win for all residents of the region. The ruling will result in a substantial reduction in the size of the operation, resulting in the removal of thousands of cars around the historic and world-renowned Tilly Foster Mine."

Johnson said the junkyard was not only an "incredible eyesore, but is surrounded by the Middlebranch Reservoir which supplies water to millions of people."

The councilman commended the former Lois Zutell administration for planting the seed that led to the judge's ruling. "The former administration addressed the Brewster Auto Wreckers junkyard off Route 312 and now continues under the John Dunford administration with this larger operation," said Johnson.

Southeast's code enforcement timeline began in early 1996 when the town initiated an inquiry as to whether junkyards in greater Brewster were abiding by local laws. Maps and photos were collected and Southeast was successful in rehabilitating Brewster Auto Wreckers in Dykeman's, resulting in a 60 percent reduction in its footprint and eventually coming into full compliance with Southeast's ordinance.

In April 1998, the Southeast Town Board rejected a junkyard license application submitted by Simon Auto Wreckers. Last April, the board authorized litigation commencing an order to show cause seeking to enjoin the defendant from continuing his operations as a junkyard. Prior to commencement of this civil action, the town commenced criminal prosecution in Southeast Town Court, which is still pending.

As a result of the judge's decision, Simon Auto Wreckers will have to come into compliance with Southeast's Junkyard ordinance including the construction of a town approved opaque fence around the entire perimeter of the operation. Simons must also remove all junked cars within 10 feet of the fence to create a fire lane and must locate fire-fighting equipment at set intervals within the operation.

In addition, the company will be required to construct suitable sanitary facilities for employees, demonstrate an adequate safety and security plan as well as arrange all auto materials in an orderly fashion.

During a visit to the junkyard last week, a sign on the office door indicated the facility was closed. Calls made to the company were not returned.

A passerby told of the judge's ruling said he was pleased that the eyesore would be removed. Antonio Pellegrino of Lake Carmel said he enjoyed fishing in a reservoir near the junkyard. "The place always smelled of oil and gasoline. It's a real nasty looking place," he said. Putnam County (New York) Courier