Court limits mining expansion

6/5/2012

By David Avitabile

The Town of Schoharie has won a battle to limit the expansion of Cobleskill Stone Products' mining operation.
The state appellate division has overturned a May 2011 Supreme Court decision that said CSP had the right to quarry the expansion area near Rickard Hill Road despite the town's 2005 town zoning law prohibiting mining in that area.
Despite the reversal on the appeal, the legal issues on the mining expansion have not been completed.
The company's mining reclamation permit is still before the state DEC for approval and has been for some time.
Town officials are pleased with the latest decision and believe CSP will not appeal the ruling.
"The language in this decision is pretty strong and clear," said Supervisor Gene Milone.
In part, the Appellate Division ruling stated, "A municipality is free to alter its zoning regulations, and no vested right exists 'to have the existing zoning ordinance continue unchanged if the Town Board has rationally exercised its police power and determined that a change in the zoning was required for the well being of the community.'"
The court also noted that though the company has done some work to the amendment of the state mining permit, mining has never been conducted or permitted on the expansion site.
In addition, the court said the company has not made costly infrastructure improvements needed to mine the property such as installing ramps, a tunnel and conveyor system.
The ruling, which was made on May 31, could be appealed to the Court of Appeals, the highest court in the state.
In a letter to board members, attorney David Brennan, who has been handling the issue for the town, stated, "Given the nature of this matter so far, I would expect that they will try to appeals this to the Court of Appeals."
He noted there is favorable language in the decision for the town's case, including the court indicating that CSP would have to apply for a special use permit under the 1975 zoning law.
Mr. Milone is glad that the town board held firm and did not compromise with CSP.
Some board members last year wanted to cut a deal with CSP and he was "vehemently opposed to it," he said.
"We have to stick together on this," he said. "We have that right.
"We have that right to protect our residents. We will see what happens next."
No action has been taken by the DEC on the modification of CSP's mining permit.
Mr. Brennan said Monday that he suspects that the DEC is waiting on the sidelines for the court appeals to end.
Cobleskill Stone purchased the additional 69 acres in 2000 and began geological studies to obtain a DEC mining permit in 2004.
The company submitted an application for a modification of its mining permit in January 2005.
After many residents voiced their opposition to the planned expansion, the town passed a law in August 2005 prohibiting mining as a permissible land use in the rural-agricultural district in which the expansion is located.