White Brothers – Lynch Corporation has reached an agreement with the Oak Bluffs zoning board of appeals (ZBA) that calls for the Island’s only asphalt producer to dismantle a new asphalt storage tower that has been the center of a dispute with homeowners in a nearby subdivision.
White Brothers – Lynch Corporation agreed to replace the new 75-foot silo, with a 48-foot silo that was previously used on the site, according to the agreement.
The company has operated the asphalt plant for more than four decades on land leased from Goodale Construction Company, at the Goodale sand pit off Edgartown–Vineyard Haven Road in Oak Bluffs.
The tower, and the sand and gravel mining operation, were referred to the Martha’s Vineyard Commission in April 2011, but the commission declined to review the operation.
The ZBA met Thursday night and directed the town’s attorney to execute the agreement, planning board chairman Kris Chvatal told The Times.
It calls for lifting a cease and desist order Oak Bluffs building inspector Jim Dunn issued in April 2012, and stipulates the company will end its appeal of that order in the state Land Court. The company has continued to produce asphalt while that court considered its appeal.
According to the agreement, the company must stop using the new tower by June 28, and must remove it by August 15. The company does not normally produce asphalt during the summer months.
The company erected the new tower in 2011, to increase its capacity to temporarily store hot asphalt waiting to be loaded into trucks and moved to job sites.
Almost immediately, neighbors in the area complained about an increase in asphalt smells, and black residue settling on their cars and homes.
The company insisted the tower met all state and federal regulations on emissions.