After 11 years of legal wrangling, the Town of Schoharie and Cobleskill Stone Products may be close to an agreement that would allow an expanded quarry in exchange for several concessions.
Schoharie town board members are considering an agreement which would end the back-and-forth, longstanding legal squabble that cost the town more than $500,000 in legal fees since 2005.
The settlement would end the town's opposition to expanding the mining area near Rickard Hill Road in exchange for several key concessions by CSP, including a smaller expansion and a larger buffer area.
However, the settlement doesn't end bitter opposition from a number of Schoharie residents. (See related story on page 11.)
The proposed settlement was detailed at Wednesday night's town board meeting. The entire agreement is 22 pages plus 16 pages of maps.
The proposal is on the town website.
Board members are expected to review the proposal and then discuss it again at their next meeting on Wednesday, April 13. Residents can voice their opinions about the settlement at that time. In addition, written comments will be accepted by the town until April 4.
The next meeting is scheduled for the town hall at 300 Main Street but may be moved to another location if a large crowd is expected.
Under the agreement, the town would avoid trials regarding the land-use laws and vested mining rights, according to Schoharie's land-use attorney David Brennan.
According to Mr. Brennan, the town has spent more than $500,000 since 2005 on legal and engineering fees related to the litigation, state Department of Environmental Conservation permit processing, and zoning law changes.
In addition, the town is facing a bill of more than $100,000 on defending the 2015 zoning law and future related fees.
The proposed settlement notes that CSP filed plans in 2014 to downsize the quarry expansion by providing a 600-foot buffer from Warner Hill Road. Those plans are currently under reviews by the DEC.
In addition, CSP has agreed to the following concessions, according to the proposed agreement:
The open sides of the primary crusher building will be closed in to reduce noise and dust. The work would be done by April 1, 2017.
• The crusher and screening portion of the secondary crusher building walls will be insulated by the same date.
• CSP will relocate the primary crusher into the interior of the quarry according to the agreement with the DEC as to the depletion of reserves and reclamation of the existing areas.
• CSP will relocate the secondary crusher (plant) into the interior of the quarry, either the earlier of 30 years from the agreement is approved or when CSP moves into the new quarry area.
• Hours of operation will be established. None currently exist.
• CSP will pursue approval for relocation of Rickard Hill Road.
• CSP would pave the unpaved section of Eastern Avenue at the company expense.
• CSP would mitigate impacts to private water supplies impacted by its operations.
• CSP would agree not to challenge the 2015 zoning law.
• CSP would include hours of operation and noise and dust control mitigation into its DEC permits.
• CSP would donate land to the village to expand Lasell Park for $1.
Mr. Brennan noted that the expansion into the new area of the quarry would not take place for many years.
"What we're fighting about is 30 years in the future," he told board members.