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Town schedules new hearings on mining ban
DAILY FREEMAN, February 18, 2002 (p1) Ariel Zangla, correspondent

SAUGERTIES - The Town Board has set dates for two public hearings to again discuss an amendment to the town's zoning law that would prohibit mining in residential areas.

That amendment was passed in October after the board held public hearings on it. Since then a lawsuit has been brought against the town claiming that the town never gave proper notice for the original hearings.

At a board meeting last week, the town's attorney, John Greco, said Shott Rock Inc. has brought a lawsuit against the town claiming that the town's decision to pass a zoning amendment to prohibit mining in residential areas was arbitrary and capricious. Shott Rock owns 45 acres of land off of Morse Road in the hamlet of Veteran. Shott Rock had planned to mine part of the property, but since it is in a residential area that is prohibited by the amendment.

Town officials have said the amendment was not aimed at Shott Rock but was intended to correct an oversight in the town's zoning law.

Greco said Shott Rock's lawsuit claims the town did not give proper notifications prior to holding its public hearings last year when it considered the amendment. He said the town is defending itself against the lawsuit because it believes it followed the proper procedure, but it is also holding two more public hearings as added insurance.

By holding the new public hearings the town is ensuring that even if a judge does not agree that its hearings were done properly the last time, these will be, Greco said. He said that after the public hearings the town will go through another state environmental quality review of the law before deciding whether to pass it again.

Greco said that there is precedent for a town to go back and correct irregularities that occurred when passing a law. He said that in the interim the state Department of Environmental Conservation has issued no new mining operation permits.

Members of the group Citizens Action for Residential Environments in Saugerties in attendance at the meeting spoke in support of the board's decision to hold new public hearings on the amendment.

Patti Kelly, a member of the board of directors of the group, said the group "believes that it is in the best interests of the town to correct this technicality." She urged the board to support passing the law again and commended it for taking action on the mining issue last fall.

The public hearings have been set for March 21 and April 8 at 7 p.m. at the Frank Greco Senior Center on Market Street.