For those of you who have not noticed, the asphalt plant on the site of the old P&H gravel pit has been making asphalt and selling it commercially since August 26th in violation of town ordinances and regulations and with no final approval from the Planning Board, or the State of New Hampshire. Numerous complaints have flooded the Winchester Code Enforcements Office and the BOS with no results. Leroy Austin refuses to act and issue a cease and desist even though he knows Mitchell has not had a stack test done by the DES and won't for another 2-3 weeks if they schedule it by then or a compliance hearing by the Planning Board and his selling of asphalt is illegal. I guess we pay him to sit on his ass and do nothing. His failure to act is a disgrace and a slap in the face to all of the taxpayers who are now deeply affected by smoke, fuel oil fumes and hazardous emissions wafting over the area as far north as Ryme's Fuel and south beyond the Speedway. Many residents of Winchester and Swanzey and especially residents of Westport Village weren't able to enjoy their yards this past holiday weekend as fumes and smoke from the plant hung low in the air over the area all weekend. Throw in the noise from the constant beeping from trucks and equipment backing up, tailgates slamming and the rock crusher running constantly all day long it has become a real nuisance. It should not be like this, there are regulations that can be enforced; but when you have people who ignore their constituents and turn their heads and make backroom deals, you have serious problems. We have been told through the rumor mill that the Town has entered into a contract with Mitchell to purchase asphalt for the sewer and water plant renovations and another rumor circulating is that the recently paved class 6 road in town running to property acquired by the Conservation Commission was done with asphalt made at this plant. Seems an inside deal has been reached between the town and Mitchell before he even has his hearing. For those of you who say who cares, we can think of better ways to spend your tax dollars instead of lining Barton Mayer's pockets when the lawsuits start getting filed. There are laws against subjecting neighbors to constant noise, dust and smoke and fumes from this plant, it's too bad that the Town would rather spend money defending their non-actions than honoring the oaths they took to protect the Town and it's citizens from harm.