Southeast Road Builders (SERB) requires a proper Conditional Use Permit (CUP) for their Lutak resource extraction operations.
SERB was denied that permit by the Planning Commission for the site it is currently operating on because its plans did not meet the criteria for a CUP laid out in borough code. On SERB’s appeal to the assembly for this permit denial, the assembly failed to reverse the Planning Commission’s decision to deny the permit.
“Resource extraction” is defined in code as “heavy industrial use involving the removal of rock, gravel, sand, clay, topsoil, peat, timber, petroleum, natural gas, coal, metal ore, or any other mineral, and other operations having similar characteristics.” Processing and exporting such resources are also allowed at the site if a CUP for resource extraction/heavy industrial use is given. Multiple acres of land are involved.
Nowhere in borough code is the assembly allowed to authorize the manager to issue a CUP to SERB for resource extraction/heavy industrial use at this time or ever, without following borough code and due public process. And yet, the assembly, at its last meeting, voted to circumvent Borough code and public process to authorize the Interim Manager to issue a CUP to SERB for Lutak resource extraction/heavy industrial use in a sensitive area for public safety, landslide concerns, and fish and wildlife concerns.
SERB’s operations at the Lutak site cannot go forward without a proper CUP, which must go through the PC and open, transparent public process.
Kathleen Menke