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Déjà Vu
All Over Again
The hearing of oral arguments in the Shott Rock, Inc. appeal of a state Supreme Court decision upholding a Town of Saugerties zoning law change that prohibits mining in residential areas has been postponed. Initially scheduled for this Wednesday in the state Supreme Court's appellate division in Albany, the hearing has been postponed until next Wednesday, May 28, according to March Gallagher, attorney for Citizens Action for Residential Environments in Saugerties (CARES). "It starts at 1 p.m., but we're case number five out of eleven, so it may take a while," said Gallagher. Meanwhile, Shott attorney Kevin M. Bernstein succeeded in filing an appeal on Monday with the town Zoning Board of Appeals regarding the town's most recent stop work order, with the result that the order is subject to a "stay of execution" until a ZBA hearing can be scheduled in 60 days. Effectively, that means Shott can for the time being continue taking out palletized stone, said building inspector and zoning administrator Paul Andreassen Wednesday. Accordingly, flatbed trucks again entered the Shott property on Monday and Tuesday, sending neighbors and CARES activists including Bob and Jaci O'Leary once again scrambling for their cameras and phones, to record the removal of bluestone from the land in what they thought at the time was defiance of the town's stop work order, and to call the town and ask for someone to come up and enforce the ban. This time, however, no one showed up to save the day, including Andreassen. And this time, according to the O'Learys, the trucks were not only loaded with palletized stone. Some trucks this time, the couple said, were loaded with crushed and loose stone - a practice covered under the term "mining," and thus an activity for which owner Gilbert Shott has not yet gotten approval from the DEC. A recent declaratory ruling by New York State Department of Environmental Conservation general counsel James H. Ferreira regarding the state's Mined Land Reclamation (MRL) Law, stated that, as far as the DEC is concerned, Shott can remove stone already loaded on pallets. The same declaration made very clear that loose stone could not be removed without a mining permit. The Shott legal team had its ducks in a row, according to Andreassen, with the result that there is nothing he can do at this point until the results of the ZBA hearing. As a matter of procedure before hearing of the stay, his office had - also on Monday - issued a "denial" of a certificate of occupancy to use the Shott land "for business or industrial purposes." With their ZBA appeal and stay of execution in hand, the Shott legal team shot back: "...we submit that your May 19, 2003 denial is a legal nullity and must be vacated and no further action enforcing your stop work order may be taken until the zoning board of appeals issues a determination on Mr. Shott's appeal of your May 12, 2003 stop work order," wrote Kathleen M. Bennett of the legal team. Andreassen responded, telling the Shott people that, although he felt the town had a legal justification to issue the stop work order, "no further enforcement proceedings have taken place or will take place until such time as the zoning board of appeals holds a formal hearing." This includes enforcing the DEC's rules regarding mining, said Andreassen. "Quite honestly, if they are removing the stockpiles and surface materials, that constitutes mining under the DEC and that's their jurisdiction, not ours," said Andreassen, admitting that, due to the temporary stay of execution, he would no longer for the time being be driving up Morse Road to confront burly truck drivers. The O'Learys were clearly not pleased. "We've been here in Saugerties since 1978," said Bob O'Leary, relaxing on his deck surrounded by forest. "My two kids went to school here. Saugerties touts its lifestyle, inviting people to come to friendly, beautiful Saugerties. So I'd like to know, where is the town in this?" O'Leary waved at the lushness around him. "Look around, man. Who needs a mine in this place? Legally it may not mean anything, but it's a lifestyle thing. Where is the town?" |