Back to Home Page Back to Press Page
Judge upholds zoning amendment banning mining
in residential area
By William J. Kemble, Correspondent November 12, 2002
VETERAN - Neighbors of the former 45-acre Shott Rock mine in this Saugerties hamlet Monday lauded a state Supreme Court ruling upholding a zoning change that prohibits quarrying operations in a residential area
Company owner Gilbert Shott had sought permission to allow mining as a special use after the Town Board amended land use regulations last May. In a Nov. 6 ruling, state Supreme Court Justice Vincent Bradley said town officials had correctly followed environmental laws in passing the zoning change.
"The court agrees ... that contrary to (Shott's) assertion, the state Mined Land Reclamation Law does not pre-empt the authority of the respondent Town Board to determine that mining should no longer be a permitted use in the town's residential zoning districts," Bradley wrote.
Hommelville Road resident March Gallagher, an attorney who helped organize a public relations campaign in opposition to the mine, was among neighbors relieved by the ruling.
"Bradley took a very long time to write that opinion and he tied up every knot in the case," she said. "He really didn't leave anything open for appeal."
Gallagher was also encouraged by sentiment about the expense of mining appeals expressed during a recent conference involving the state Department of Environmental Conservation and lawyers for quarry operators.
"The industry attorneys were basically saying if the town zones them out, it's really not worth going on with the DEC application because it's ... going to cost anywhere from a couple hundred thousand to half a million dollars," she said. "You are talking about engineering reports and lawyers' time, and when you add all that stuff together, it just isn't worth it."
Shott could not be reached for comment on Monday.
Attorney Kevin Bernstein, who represented the company, said he received the court papers Monday and was reviewing them to determine whether an appeal would be filed. He noted that a 30-day period for providing notice of an appeal does not start until the ruling is served by the town.
"We continue to believe that what the town did is not consistent with its comprehensive plan," he said. "We continue to believe that what the town did not satisfy (environmental laws) and continue to believe this local law was ... a retaliatory law aimed solely at Mr. Shott."
William Muellner, a 42-year resident of Morse Road, said neighbors were ecstatic over the decision because Shott had misled neighbors about use of the property.
"He came into this area and said he was going to build houses, he was going to build a nice lake, and do all these things," he said. "We liked him right away, but after a year he changed the whole thing around and began working over there. That's when the battle started, and now I hope it's over."