‘Just doesn’t fit anymore’: Brattonsville neighbors react to mining, landfill plan.
A mining and landfill site near Historic Brattonsville is up for expansion yet again.
Buddy Clawson Construction has four requests up for discussion when the county zoning board of appeals meets July 9. All relate to landfill and mining operations at 880 Brattonsville Road. A notice to neighbors in the area from York County staff indicates there will be a public hearing.
Clawson asks four decisions from the zoning board. One would expand a mining operation (for only fill dirt and clay) and another would allow a landfill. Two more would set up separation and screening requirements for those uses. The property is under site plan review by the county now for the project, which hinges on the zoning board decisions.
Attempts to obtain comment from Clawson on the application were unsuccessful.
The Culture & Heritage Commission, which oversees Brattonsville and other county sites, held a special called meeting July 2 to discuss Clawson’s plan. Penny Sheppard, commission chairwoman, said there weren’t any votes taken after the executive session meeting.
There was discussion on working with a county attorney to form an argument for the zoning board of appeals. Sheppard said Brattonsville is a site with local and national historic significance.
“We are preparing a response in opposition to the mine,” Sheppard said. “We don’t want it to be detrimental to our property.”
In past expansion decisions Brattonsville leaders have opposed mining or landfill expansion so close to 775-acre Revolutionary War-era site that hosts historical reenactments and educational events. The McConnells landfill and mining site is east of Brattonsville Road and south of McConnells Highway is surrounded by homes, undeveloped land, Draper Wildlife Management Area and Historic Brattonsville.
Poco Olson lives across the creek from the Clawson site, and has for almosts two decades. Her property touches both the Clawson and Brattonsville sites.
“We hear him every day,” Olson said. “The noise is unbelievable. I’m not sure what the hour of operation will be but we know that they don’t follow them. There’s operation on Sundays. The height of the operation has gotten taller. You’d think they’re in our backyard some days.”
Olson said there are woods at the back of the property where she can’t see the landfill.
“In the wintertime you can see lights from their equipment on the ridge after dark,” she said.
Dumptrucks banging, backing up and beeping are common sounds, she said. The smell of smoke wafts to neighboring properties, she said.
“It takes away from the joys of living in the country,” Olson said. “It is not an addition to the neighborhood.”
There have been public meetings on the Clawson operation before where residents gathered in mass to oppose it, Olson said. But also where area truck drivers came to support the site. A meeting a couple of years ago seemed to have the entire hauling community there to argue the Clawson site supports local business, Olson said.
“Every trucker in the area was at that meeting,” she said.
Olson said he believes there is an argument for constitutional use of property, but also one for requirements property owners have to meet. She said she hears the business argument but believes the landfill is a “mennace” for Brattonsville due to constant truck traffic and noise, plus a nuissance for neighbors.
“It just doesn’t fit anymore,” Olson said. “And there are other dumps.”
Bill McCleave lives on neighboring property. McCleave didn’t want to elaborate on his reasoning Monday afternoon, but said his position on the Clawson plan is firm.
“I’m definitely opposed to it,” McCleave said.
Landfill and mining timeline
The county planning commission approved special exception in 1994 for a cellulose landfill — wood, brush, stump and similar material disposal — on the property. The plan allowed a five-acre landfill and an access road from the landfill to Brattonsville Road. A state permit for a landfill was issued in 1995, with more permits following in 1997 and 2004.
State calculations now put the landfill area at almost 10 acres.
In 2010, the county zoning board approved a special exception for a mining operation that required a commercial site plan, limited soil mining to five acres and 20 feet deep, prohibited rock or other materials aside from topsoil, sand or clay from mining and set an existing haul road connected to Brattonsville Road as the access. A state mining permit followed in early 2011.
In 2014, the zoning board gave a special exception for a composting and chipping facility with several requirements, including a five-acre site, 125-foot setbacks from all property lines and industrial use bufferyards. The approval also halted use of the facility for 14 days per year for scheduled events at Brattonsville.
In 2015 the zoning board heard another special exception request to expand the mining operation to 25 acres and 70 feet deep. Clawson asked for a deferral during the meeting that was granted. County staff later notified Clawson the expansion shouldn’t be allowed given the proximity to an historically or architecturally significant site, in this case Brattonsville.
County staff found a county zoning code stipulation from 2000 and a version of the restriction dating back to 1977 that means special exceptions in 1994, 2010 and 2014 never should have been considered. A 2016 letter from the county to Clawson noted existing mining could continue as an unapproved land use, but couldn’t expand.
In late 2015 county staff documented mud tracking onto Brattonsville Road from the property. It late 2016 Clawson received a cease and desist order related to an unpermitted concrete and asphalt recycling operation.
In early 2018 the county adopted new zoning code revisions that tightened rules on landfills and mining. In late 2018 a second cease and desist order came related to an unpermitted concrete and asphalt operation.
In February 2019 the zoning board heard an appeal from Clawson and reversed the county ruling. That decision ruled Clawson’s concrete and asphalt operation is allowed as an accessory use to the landfill.
Mining proposal
Rules require mining to be at least 1,000 feet from a host of other land uses and zoning districts which include historic sites like Brattonsville. Clawson’s plan would put mining 598 feet from Brattonsville.
The application is for five more acres to mine topsoil, sand, dirt or clay at up to 50 feet. The mine would operate for 15 years from the date of final approval. It would run 7 a.m. to 5 p.m. but wouldn’t operate on Sundays or weekends with special events at Brattonsville when notice is given, per the application. Trees would be planted to buffer areas where trees have come down the past two decades, to meet buffer requirements.
If the five-acre mine plan passes, Clawson would convert the existing mine to a landfill.
Clawson indicated in the application the more than 170-acre property is mostly grass or wooded with a stream through the middle. The new mine would replace the existing one, according to the application, and only fill dirt and clay will be mined. An existing landfill will be closed prior to opening of the new landfill. It notes the central location of the new mine means it isn’t in view for neighboring properties or from roads.
Want to go?
Notices sent to neighbors show the zoning board of appeals will meet at 6 p.m. at York County Chambers, 6 S. Congress St. in York.
