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Mining foes prevail in Saugerties
DAILY FREEMAN October 25, 2001 by Ariel Zangla, Correspondent
SAUGERTIES - Town Board members Wednesday voted unanimously in favor of a zoning change prohibiting mining operations in residential areas, drawing cheers and applause from about 40 residents attending the meeting.
The amendment to the town zoning law authorizes mining operations in industrial zones by right, but subject to site plan approval if limits are exceeded. It also allows mining in highway business zones, contingent on the town's issuance of a special permit.
The amendment prohibits mining in all other areas, including residential areas.
Prior to the vote, Kevin Bernstein, an attorney for Gilbert Shott of Shott Rock, a local mine operator, asked the board to allow the Planning Board and the Comprehensive Plan Committee to review and evaluate the proposed amendment before voting on it.
He said the board should at least table the motion and think more on the possible impacts it could have on the town and how it could prohibit other activities that fall under the definition of mining.
"We don't believe there has been adequate evaluations of alternatives to the amendment," Bernstein said.
Shott has a proposal before the Planning Board to mine bluestone on his property in the residential area of Veteran, a Saugerties hamlet.
Bernstein also said the Ulster County Planning Board said there are alternatives other than prohibiting mining in residential areas. He said the Ulster County board spoke of local control of mining through overlay districts and the impacts the amendment could have on 80 percent of the town.
Bernstein also said that board spoke of the need for mining and how there can be a balance between that need and the quality of life issues.
Brian Donahue, a member of the group Citizens Action for Residential Environments in Saugerties, said that if Shott had sat down with the Planning Board in a pre-conference meeting he would have been told that mining would not be permitted on that property. He said Shott took a gamble when he bought his property not knowing what its ultimate use would be.
Donahue also said much thought has gone into the amendment. He said the residents of Saugerties have spoken and they do not want mining in Saugerties.
Bernstein said a lot of the comments during public hearings on the amendment were aimed at Shott and his proposal. He said the adoption of the amendment would render Shott's property useless and that the comprehensive plan does not speak about mining at all.
Donahue said the amendment was not focused on Shott but that Shott's proposal had brought a problem with the zoning to light.
Councilman Mike Sommers said mining in residential areas goes against the town's comprehensive plan and that it was a flaw in the zoning law that allowed mining in residential areas.