Concrete Crushing Plant Stays Idle

A concrete-crushing facility near an elementary school must remain idle at least another month, after attorneys for the owning company and Chesterfield Township agreed no progress could be made and a temporary restraining order should remain in effect.

The parties in the dispute between the township and New Haven-based Pamar Enterprises appeared May 25 as scheduled before Macomb County Circuit Judge Peter J. Maceroni, as a previous restraining order Maceroni signed earlier this month was slated to end.

But all parties agreed in court to extend the restraining order against Pamar's concrete-crushing until June 29, when a follow-up hearing is expected.

"Sooner or later it may hit the fan, but at the moment we're agreeing to the same course since Pamar hasn't been able to take certain administrative steps yet like (a) zoning board hearing (at the township)," explained township attorney Robert Siebert.

"When we come back again, we'll know more about what's going to happen if those other steps are taken before then."

Pamar, which has been operating a concrete-crushing plant on property west of Gratiot between 23 Mile and 24 Mile roads since 2004, lost its bid for a special land use permit to accommodate its operations Tuesday, when the Planning Commission unanimously denied its request.

The Pamar site has become increasingly controversial since township officials imposed a citation against the company for operating without a permit late last year. Since then, parents of schoolchildren and neighbors have mobilized against its continued activity so close to Carkenord Elementary on 24 Mile Road.

The company had already idled its crushing operations since Maceroni signed the restraining order in court May 3. After the Planning Commission's decision, Pamar tried to rush a proceeding before the Zoning Board of Appeals on Wednesday night that could have granted the company a variance. But not enough board members were present at the meeting to take that action, so come Thursday at the court hearing the company still needed more time to pursue its options.

"We have to exhaust all our administrative remedies first," said Gary Gendernalik, an attorney for Pamar in the case, who said a ZBA hearing is the next step after the planning commission. "But the language in their (the township's) own ordinances and codes spells out that after the planning commission and zoning board, the next step is getting a circuit court judge to take action."

Because Pamar could not complete the zoning process at Wednesday's hearing, it must wait until the next ZBA meeting June 14 to seek approval on a variance for crushing concrete. Failing that, the company can then take the matter to Maceroni or another judge seeking a court order -- a costly step both sides hinted may be inevitable since the township itself will likely oppose Pamar on all fronts.

In the meantime, Gendernalik said the company is rapidly running out of supplies to conduct any further business at the Chesterfield location, since the court order only allows the company to ship previously crushed concrete off site -- not to receive or crush any new concrete.

"I don't know when exactly that will happen -- that we run out (of supplies)," Gendernalik said. "Hopefully, we can complete the zoning board process and get to the next court hearing before that happens."

Concrete-crushing plants take large pieces of concrete, often from broken up pavement or driveways, and crush or grind the stone into a gravel-like bedding, which can be used to build and maintain roads. Pamar's facility is one of two in Michigan to incorporate a relatively modern technique or technology in the process, company president Ronnie Acciavatti has said.

As many as 100 parents are estimated to have attended township meetings or written letters to voice opposition to the plant's location so close to Carkenord, out of concern for breathable concrete dust. But Ronnie Acciavatti has contended that a passing car on a dirt road generates more dust than the Pamar crushing process does. Macomb Daily