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MARCH 2022



Troy Sand and Gravel’s Department of Environmental Conservation permit for its proposed Nassau Quarry is due for renewal in May 2022. This is a chance to try to prevent that permit renewal.

Please contact Supervisor David Fleming and members of the Nassau Town Board (email addresses below) asking that they send a request to DEC that this renewal be denied. If successful, it will greatly reduce the threat of TS&G again attempting to establish an 80 acre mine in a residential district. Everyone’s voice counts, and we found that out many times in the past by acting together.

Email addresses:
Supervisor David Fleming:

Sample Email: (be sure to include your name and address at the end)

Subject: request DEC deny renewal of TS&G permit

Dear Supervisor Fleming, Councilperson Lani Richards, Councilman Jonathan Goebel, Councilman Robert Rings, Councilman Randy Howarth:

New York State DEC’s website indicates that DEC’s current Mined Land Reclamation permit for Troy Sand & Gravel’s Nassau Quarry (mine ID no.40820) expires May 21, 2022. [""]

With respect, I request that the Nassau Town Board send a notice of its opposition to the renewal of this DEC permit requesting that DEC deny the renewal of the TS&G permit. The Town denied TS&G’s special use permit application, stating excellent reasons for this decision; this mine has never operated.

Thank you for your efforts, then, to maintain the community character of our Town. Thank you, now, for considering my request.


[your name]

[your address]

Click here for a letter you can print and send to the board.
Add the date, your address and sign before sending.

RAM can be reached at:

JUNE 28, 2018 - V I C T O R Y


In a decision dated June 28, 2018, the Court of appeals denied the Motion by Troy Sand & Gravel For Leave to Appeal to the New York State Court of Appeals. Click here for the decision.

Heartfelt thanks go to every person who has helped win this victory. It has been over 14 years since the struggle began to protect our property, our health, our peace and quiet, our community character - our Town - from the horrors of an industrial hard rock quarry. So many people over the years have contributed time, effort, financial assistance, and more. Each person has been important and deserves thanks.

Thanks especially to our Town officials who persevered in the legal battles. There were multiple lawsuits over the years and they were met with decisive action by our Town. Upholding the laws of our Town took determination, intelligence, and much hard work. Thanks go to Supervisor Fleming and current, and past, Supervisor and Town Board members who demonstrated that they cared about the Town's zoning laws and Town residents.

APRIL 12, 2018


In a decision dated April 12, 2018 and received by the Town on April 16, 2018, the Appellate Court has unanimously denied in its entirety, the Motion by Troy Sand & Gravel to Reargue and/or For Leave to Appeal to the New York State Court of Appeals.

Click here for the decision.



On December 28, 2017 the State of New York Supreme Court Appelate Division Rejected Troy Sand & Gravel's appeal of the Town's 2015 decision to deny them a special use permit to opperate a quarry off of Route 66 in the Town of Nassau

Click here for the Decision


At the last meeting of the Nassau Town Board, it was announced that the Town had won one of the court cases. This was a long-standing issue which has at last been resolved, in the Town's favor.
Click here for the full text of Judge's decision.


At the Nassau Town Board meeting on October 12th, the Town Attorney announced that oral arguments are scheduled for 9:30 am, Monday, November 20, 2017.
This will take place at the Appellate Division in Albany.

This is the next step in the court battles between the Town of Nassau and Troy Sand & Gravel.
This event is open to the public and all interested residents are urged to attend.
We cannot speak, but our presence shows our continued interest in what happens in our Town.


The regularly scheduled RAM meeting will take place on Tuesday, September 5, 2017 at 7 pm at the Hoags Corners Ambulance hall. ? This is our Annual Meeting and all are encouraged to attend.?

There will be an update on the TS&G court cases - action ahead!

Other important business will be discussed. A quorum is needed. If you or a family member cannot attend this meeting, you can give your voting proxy to another RAM member ? who will attend this meeting?.

In addition, an election of Directors will be held.

All RAM folks are welcome and we hope to see many of you on 9/5!

JULY 13, 2016

Supreme Court Judge Richard J. McNally, Jr. has issued a definitive 19-page ruling that confirms the final decision of the Nassau Town Board to deny the special permit application of Troy Sand & Gravel for a heavy industrial hard rock quarry in a rural residential zone of the Town. After more than a decade of litigation where Troy Sand & Gravel had constantly and aggressively sued the Town to avoid and then limit the Town's zoning jurisdiction and authority over the mine proposal, the Town finally was able to reach a decision on September 1st of last year on the merits of the application as weighed against the strict standards of Nassau's zoning regulations. The decision by Judge McNally, resulting from yet another lawsuit brought by the applicant in September 2015, confirmed the Town's review process and final decision.

The Town's right to stand up for local zoning, to preserve their community character and their fight to fairly review this application has made news for years.

“ This sweeping decision by Judge McNally is a vindication of the determination of several Nassau Town Boards, over more than a decade, to evaluate the application for issuance of an industrial hard rock quarry in a rural residential zone based on the town's own zoning which had been in effect for thirty years. After a decade of board members rising above constant litigation to evaluate this industrial application purely on its merits, the Nassau Town Board issued a 110 page thoughtful and reasoned decision denying the application. Following this zoning review, the Town was once again sued and this decision by the Court was a comprehensive dismissal of that litigation,” said Nassau Supervisor David Fleming.

This litigious history involved a series of state trial and appellate court rulings, which consistently affirmed the home rule zoning authority of local governments in zoning decisions. Nassau's Planning Board and Town Board had both unanimously voted to oppose the issuance of Troy Sand & Gravel's industrial quarry permit. Judge McNally ruled in favor of the Town on every point. On several key points he provided multiple grounds for supporting the Town's denial of the application. The proposed mine would have been in operation for over a century and due to the heavy industrial nature, its enormous size, and intensity, the Town found that it did not meet the restrictions contained in Nassau's zoning regulations. The location for this proposed industrial quarry was to be located in the renowned Rensselaer Plateau and would have been located in a community that does not currently have any heavy industry. The Court emphasized that it was the applicant's burden to prove that it met all of the requirement of the local regulations and that it simply failed to meet that burden. For example, the industrial quarry application would have eliminated of over 1,300 linear feet of streams during the mine's construction, yet the Town's 1986 zoning regulations prohibits any new development even within 30 feet of any stream or wetland. The 1986 Zoning Law contains numerous other restrictions, most of which the application failed to meet, as described at length in the Town's Decision. At the end of the process, when the Town Board finally was allowed to render its decision following years of litigation brought by the applicant, the bottom line was that the industrial quarry did not meet the requirements and restrictions of Nassau's zoning law. “The Town's zoning is clear and the boards were constrained by the law and the findings of the review. While the applicant may be unhappy with the outcome, based on their constant litigation, it appears that they knew from the start that this heavy industrial mine, given its size and scope of operations, simply did not meet the Town's zoning requirements. One is left to assume this is why the applicant fought so hard to prevent the Town from conducting a meaningful analysis of the application as it had a right to due under local and state laws,” said Supervisor Fleming. Judge McNally's decision is attached. The Nassau Special Use Permit Decision may be found on the Town's website.

TS&G sued the Town over the Town's 2015 decision denying TS&G's application for the special use permit that TS&G needed to develop the Nassau Quarry along Route 66. The Rensselaer County Supreme Court just issued a decision essentially stating that TS&G failed to show that the Town's decision needed to be overturned. This is good news for us residents!

Our deepest thanks to Supervisor Fleming, our Town Board members, our Town Planning Board, and our Town Attorneys.

We expect that, based on TS&G's track record, TS&G will appeal the court's decision. Thus, this fight is not yet over. But now, the fight will center on whether the Rensselaer County Supreme Court Justice's decision was incorrect. Hopefully the Appellate Division will give short shrift to that assertion ...

We'll continue to update as developments arise.

Click here for a full copy of the Judge's decision on the Town's web site

On July 18th the Times Union had an article about the decision.

Click here for the Times Union article

OCTOBER 16, 2015

Many residents of Nassau and the surrounding towns are concerned about the effects of the proposed Kinder Morgan/Tennessee Gas Pipeline Company's Northeast Energy Direct (NED) pipeline project.

Residents in the Burden Lake area are particullarly concerned with the noise, light, and toxins that would be released by the compressor statiion, which is proposed to be located on Clarks Chapel Road.

The Save Burden Lake web site has a map showing the location of the compressor station and the pipeline

Click here for the Save Burden Lake web site

The pipelines construction and its continued operation also presents risks to our local environment and water supplies. Many details on the risks associated with the pipeline are discussed on the Stop NY Fracked Gas Pipeline (SNYFGP) web site.

Click here for the Stop NY Fracked Gas Pipeline web site

Gas pipeline foes have formed a three-state coalition to fight Kinder Morgan's Northeast Energy Direct project

Click here for the article about the coalition from MASSLIVE.COM

Nassau Town Board denies TS&G special use permit

On September 1, 2015 the Nassau Town Board voted unanimously to deny Troy Sand and Gravel's application for a special use permit for its Nassau Quarry.

The resolution should be on the Town website Wednesday September 2.

This is the goal we have all been working for. It has taken over 12 years, much hard work, expense, and time out of our lives. What we have gained, however, is immense : our community will not be blasted, our Rural Residencial area remains intact, the value of our homes is not in jeopardy. We can continue the way of life we have chosen, in peace and safety.

We can expect court battles ahead.

We will keep everyone informed.

Many, many thanks to all who have participated over the years in this effort.

Well done, all!

July 6, 2015
rescheduled RAM Meeting

RAM will be meeting this coming Monday, July 6, 2015 at the Hoags Corners Ambulance Hall at 7 pm

The crucial item on our RAM meeting agenda is preparing for the hearing on July 13. If you have any questions about writing comments to the Town for this hearing, come to the meeting: free advice will be given! All residents who oppose this hard rock quarry are urged to attend the hearing AND send comments to the Town.

Suggestions for your comments:

The TS&G proposed project will violate several provisions of the 1986 Nassau's Land Use and Development Regulations. The law's Enacting Clause and Purposes (Article I C.) state that the law was enacted:

• “To permit growth and development while protecting the rural, scenic, historic, aesthetic, economic, recreational and environmental qualities of the Town.”

• “To preserve and protect the physical characteristics of soils, topography, vegetation and water sources which sustain l ow density rural housing dependent upon septic systems and wells.”

• “To protect public health safety and welfare ...”

• “To encourage the management of natural resources including land, plant life, minerals, surface waters, ground waters, soils, wildlife and aquatic life throughout the town to ensure that their economic, recreational, social, health and aesthetic benefits will remain.”

Issues to raise related to this proposed mine are:

*That the natural resources of the Town (including water quality and air quality, and habitats) will not be protected, as stated in Nassau's 1986 Land Use and Development Regulations,

*That the public health, safety, and welfare of the residents of the areas surrounding the proposed mine site will not be protected, as stated in Nassau's 1986 Land Use and Development Regulations.

*That the immediate surrounding community's character and ultimately the Town's character will not be protected, as stated in Nassau's 1986 Land Use and Development Regulations from this large industrial quarrying operation, and

*That the future “orderly development” of the Town will be negatively impacted, both in the near term and long term. For example: property values near this mine will be lower; it will take longer to sell property near this mine; it will detrimentally affect the assessed value for the Town; it will discourage residents from engaging in certain home occupations.

Thank you to all who will attend and comment!

July 7, 2015
SNYFGP's Scoping Training Workshop

St. Mary's Parish Hall, 26 Church Street, Nassau. At 5:30, pizza, salad, drinks and dessert will be available and the Workshop presentation will be begin at 6:30.

June 30, 2015
Special RAM Meeting

RAM will be meeting this coming Tuesday, June 30, 2015 at the Hoags Corners Ambulance Hall at 7 pm to prepare for the public hearing!

The time is getting short, and we all need to be ready to contact our Town officials with our reasons why Troy Sand & Gravel should not be allowed to blast a quarry into our peaceful community.

-- There are substantial issues of safety

-- We do not want dust, noise, blasting, etc. to disrupt the peace and quiet of our community

-- We want to maintain the value of our homes

-- We do not want to face an increase of heavy truck traffic on our roads

-- A hard-rock quarry would seriously affect the orderly development of our community

Whichever of these reasons is important to you, please write down your concerns and come to the Public Hearing on July 13, 7 pm, at St. Mary's Hall in Nassau

- please speak out and then hand in your written comments.

Click here for the Hearing Notice on the Town's web site

It is still necessary for the Town to hear from everyone opposed to a hard rock quarry in our midst.

Written comments will also be accepted at the public hearing. Written comments addressed to the Nassau Town Clerk may also be submitted at any time prior to the public hearing by delivering or mailing such written comments to the office of the Town Clerk at the Nassau Town Hall, 29 Church Street, PO Box 587, Nassau, NY 12123 or emailing such comments to .

RAM will meet this Tuesday, June 30, 7 pm at the Hoags Corners Ambulance hall. We will assist you to write your comments and answer any questions you may have about the Hearing. It is vital that you attend the hearing! Even a brief public comment will make a difference!

RAM has hired experts to present concerns to the Town. (And, speaking of experts, these are paid professionals - if you have not already mailed a donation, please do so ASAP or bring a check to the meeting on June 30. We still need to meet our goal of raising $5000. Every donation counts! Many thanks to those who have already contributed financially to this effort.)

June 22, 2015 Special RAM Meeting

RAM will be meeting this coming Monday, June 22, 2015 at the Hoags Corners Ambulance Hall at 7 pm.

Please make every effort to be there!

The Town Board has scheduled a public hearing on the TS&G application for its proposed Nassau Quarry on July 13 (see the link below, to the Town's website).

This is the time when we can make a great impact - we need to plan to speak up at this hearing and present our reasons why this heavy industrial project is not appropriate for our neighborhood. On Monday, we need to organize our presentations in preparation for the hearing.

Our homes, our rural community, our peace and quiet, our safety - all are reasons why we have fought this project for the past 12 + years. Now is the time to once again organize and let the Town know how the residents feel about this proposed hard rock blasting quarry.

And once again, thanks to all who have remained in opposition to this proposed quarry all these years. We have made a difference; we need to continue to work to make sure this proposal is defeated. Thank you!

Hope to see you at Monday's RAM meeting.

Click here for the Notice on the Town's web site

June 9, 2015 Special Town Board Meeting

The purpose of the Special Meeting was for the review and possible action on the Special Use Permit application of Troy Sand & Gravel.
The Town's legal counsel advised the Town Board that under NYS town law 274B the Town had the right and the obligation to hold a public hearing on the TS&G application. TS&G had previously claimed that the Town board could not legally hold a public hearing on TS&G's application. The Town Board set Monday July 13, 2015 at St Mary's parish hall as the date and time for the public hearing.
Based on summary information submitted by TS&G the Town Board decided the application was complete and sent it to the planning board for review. The Planning Board must give their recommendation on TS&G's application to the Town Board by July 24, 2015.
The Town Board also directed the Planning Board to decide if the Planning Board would participate in the public hearing with the Town Board.

At the planning board meeting later that night the Planning Board decided to participate in the Town Board's public hearing on July 13th.

April 9, 2015
NEWS on Nassau Quarry Application

After a two year hiatus, the Nassau Town Board has resumed review of the Troy Sand and Gravel Nassau Quarry Application.
There will be a special meeting of the Nassau Town board on April 30 at 7pm to discuss the process for resumption of the review.
Meanwhile, Troy Sand and Gravel has initiated an effort to reopen a prior lawsuit against the Town of Nassau.
RAM is closely monitoring developments, and anticipates the possibility of need for swift activity in the near future.

FEBRUARY 15, 2015

Previously the courts had decided that the Town could conduct it's own review of environmental issues.
T S & G appealed that decision and this time the court decided that the Town must base it's decisions on the environmental record established with the Department of Environmental Conservation (DEC) during DEC's review process.

The Town has not been told to issue the permits, in fact, Troy Sand & Gravel must still get Site Plan Approval and a Special Use Permit from the Town through the regular approval process before mining could begin

This will be discussed at the next RAM meeting on April 7th.

The decisions are on the Town's web site

Click here for the Decision

Here is a link to an article in the Troy Record on the decisions,

Click here for the article


On October 9th The NYS Supreme Court dismissed an Article 78 proceeding that Troy7 Sand and Gravel had brought against the Town for rescinding the "Notice of Complete Application".

The Town recinded the notice after a December 2012 NYS Supreme Court, Appelate Division, decision removed the injunction which prohibited the Town from evaluating any environmental concerns that the NYS DEC had considered.

The two decisions on this issue are on the Town's web site

Click here for the first Decision

Click here for the second Decision


On December 27, The NYS Supreme Court, Appelate Division vacated an injunction placed on the Town that prevented them from evaluating any environmental concerns that the NYS DEC had considered.

Click here for the Decision

The Times Union and the Troy Record both had articles about the decision.

Click here for the Troy Record Article

Click here for the Times Union Article

What happens now? That's a very good question! The application was ruled complete and referred to the Planning Board under constraint of the vacated injunction. The Planning Board held a Public Hearings and has conducted most of their review under the same constraint. The improper constraint imposed by the injunction just lifted is very significant, and has had an undeniable impact on all of those steps.

At the Nassau Town Board Organizational meeting on Thursday, January 3rd they adopted a resolution resinding the completeness ruling and asking Troy Sand and Gravel to meet with them within 31 days to discuss futher proceedings

At the February 14th Town Board meeting it was announced that Troy Sand & Gravel had filed another Article 78 proceeding against the Town for resinding the completeness ruling. The issue is back in the courts.


The Town of Nassau Planning Board has continued the public hearing started on September 20th on Troy Sand & Gravel's applications for Site Plan Review and Special Use Permit to operate an 89 acre quarry on land owned by Henkel Reality off of RT 66.

The continuation of the meeting will be held at the Parish Hall of St. Mary's of the Nativity, located at 26 Church Street, Nassau, NY on October 18, 2012 at 7:00 PM.

To visit the Town's web site for the Calendar click the link below

Town of Nassau Calendar


We still need a large turnout of residents to voicing their opposition to this "Heavy Industrial Use" in our Rural Residential district to show the Planning Board and the Town Board that there is broad opposition to Troy Sand & Gravel's proposed mine.

The Town may deny approval based on the 1986 Land Use Law as being incompatible with the permitted land uses, which is mainly rural residential consisting of one and two-family dwellings. And also, if the mine is approved and operating, that it will interfere with the orderly development of the district. You could mention the issues of resell value, blasting, compliance, noise, dust, well failures and truck traffic, as well.

The 1986 Zoning Law and TS&G's application information is on the Town's web sit under "TS&G Application" To visit the Town's web site click the link below

Town of Nassau Home Page

Due to the use of adjacent lands to reduce noise, dust, and blasting impacts to acceptable levels at the nearest residences rather than at the boundaries of the mine property, the mine does not comply with Articles VII.C.1.f., V.A.1., V.A.4, VI.A1., VI.A2., VI.A3., VI.A.4. of the 1986 zoning law. Also under Article III. Retail Business is not permitted in the Rural Residential district yet TS&G plans to sell 60,000 tons of stone products to retail customer at the site.

Please write to the Nassau Town Board and to the Nassau Planning Board to express your concerns about the impacts of the proposed Troy Sand and Gravel industrial hard rock mine. Even though this mine has DEC approval, the Town of Nassau can still deny the permit and preliminary site plan approval.

Please send your letter in by snail mail to Nassau Town Board and Planning Board at 29 Church Street, Nassau, NY 12123. Or by email to

If no one shows up, this mine might very well be approved. Please plan on being there.

And speaking if possible.

Click here for a letter you can print and send to the boards.
Add the date, your address and sign before sending.


The Nassau Town Board referred Troy Sand and & Gravel's application for an 89 acre 100 year quarry to the planning board at it's regular monthly meeting August 9th.
The information TS&G submitted to the Town for the Special Use Permit and to DEC for the mining permit is on the Town's web site under "TS&G Application"

Town of Nassau web site

The law calls for the planning board to hold a public hearing on this application within 45 days of receipt of the application and its supporting materials.
The planning board must make a recommendation to the Town Board within 45 days after the public hearing and then the Town Board will have 45 days to make a determination.
Please try to attend Town Board and Planning board meetings during the next few months to show your interest and voice your concerns either by speaking or submitting written comments.
Your presence at the Planning Boards public hearing will be very important. We will post the date as soon as it is set.

This application will be processed under the Town's 1986 zoning law excluding Article VI. B. 3. Mining and Excavation which has been voided by the 1992 New York Mined Reclamation Law. However the rest of the 1986 law is still valid and enforceable for this application.
Article VI. Special Use Permits A. General Standards is still applicable and very important. Click here for general standards.

Your objections could be based on:

How the quarry would negatively impact you and your neighbors;

Your expectations when moving here;

The noise, dust, blasting vibrations and heavy truck traffic which will extend beyond the boundaries of TS&G's property;

The inappropriate location of a heavy industrial facility in a rural residential district.

Your objections will be more forceful if they can be supported by the 1986 law and backed up with facts you can document.

August 9 7:00 PM

The Town Board may decide the completeness of TS&G's Special Use Permit application

This summer the Town of Nassau will (probably) review a mining application submitted by Troy Sand and Gravel in 2003. This review, which has been delayed repeatedly by a state level review and then by repeated lawsuits, will determine whether the Nassau Town Board finds a 90+ Acre hard rock quarry to be a reasonable land use in an area of the Town zoned ‘Rural Residential.' Excavation in a Rural Residential District requires a Special Use Permit. The basis of granting the special use permit is the Town's finding that “the location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use and the location of the site with respect to existing or future access shall be in harmony with the orderly development of the district.”

Residents Against Mining strongly contends that ‘nature and intensity of the operations involved' in the proposed quarry is decidedly not “in harmony” with the defined spirit and intent of a ‘Rural Residential' District.

If you agree, and if it matters at all to you whether there is a large-scale industrial quarry operating in northeast Nassau for all of the next century, it is important that you make your opinion known to the Nassau Town Board this summer.

If the Nassau Town Board ultimately denies this application, they will inevitably be sued once again by the applicant. If and when this happens it will make a great deal of difference if the Board can point to a substantial number of concerned citizens who have expressed concern and requested protection under Town law.

A special meeting of the Nassau Town Board, to review landfill and Highway issues may also discuss the application's completeness. It is scheduled for Thursday July 26, 2012 at 6:30 PM at the Town Highway Garage on Hoag's Corner Road.

When the application is accepted as complete it must be referred to the Planning Board for review. The review must, by law, include a Public Hearing. RAM will announce the Hearing as soon as it is scheduled.

While it is important for the Nassau Town Board to see and hear from us, the concerned community, throughout the review process, a significant turnout at the Public Hearing is essential ~ It is essential that each and every one of us who cares attend the hearing and speak, even just a one-sentence position summary.

Attending future Town Board and Planning Board Meetings will help to demonstrate your conern about this issue even if you don't feel comfortable speaking in public.

APRIL 26 at 6:30 PM

The Town's attorney has posted a notice of a special meeting of the Town's website

Click the link below for the notice

Meeting Notice


DEC will be deciding whether or not to renew or modify Troy Sand & Gravel's permit on April, 27, 2012.

DEC's procedures allow the department to determine that any application for renewal or modification will be treated as a new application for a permit if:
There is newly discovered information or there has been a material change in applicable law or regulations since the issuance of the existing permit.;

DEC's procedures allow permits to be modified, suspended or revoked if;
The permit holder fails to comply with any terms or conditions of the permit;
If there is newly discovered material information, or there has been a material change in environmental conditions, or applicable law or regulations since the issuance of the existing permit;

The department may consider requests from any interested party for modification, suspension or revocation of permits based on reasons given in the paragraphs above. Requests must be in writing, contain facts or reasons supporting the request and be sent to the regional permit administrator.
Here are some possible topics for the letters based on DEC's own guide lines for permit renewals and modifications.

This mine will be a heavy industrial facility which represents a change in the immediate area which is zoned rural residential. There are several new homes along Rts 43 , 66 and Dunham Hollow rd. since the original application.
This should require the reaccessment of the noise, dust and blast reduction measures specified in the original application.

The applicant has willfully violated the terms and conditions of the current permits in Nassau and Postenkill.:
There have been two court-ordered Stop Work Orders on the proposed mining site in Nassau as well as a January 2012 Order on Consent for violations at a mining operation in Posetenkill for Stormwater Permit violations and Mining Permit violations.
This is the record of a company that prefers to pay fines and to continue to operate in an unlawful manner.

The town's of Nassau's 2011 Zoning Law contains Aquifer Protection Overlay Regulations (a portion of the proposed Nassau Quarry lies within the aquifer protection zone) and bans all commercial .
This represents a material change in applicable law or regulations for review of this mining permit renewal.

Send your letters to both the Regional Permit Administrator and the Regional Director of DEC.

Ms. Nancy Adams Baker, Regional Permit Administrator
Mr. Gene Kelly, Director Region 4
Both have offices at
1130 North Westcott Road
Schenectady, NY 12306-2014

Comments should be received by April 26th.
Here are their email addresses if you don't have time for a letter.

Nancy Adams Baker

Gene Kelly

Click here the pertenent secctions of DEC's Administrative procedures concerning permit renewals

It will take the concern and efforts of all of us to keep Nassau rural and beautiful.


There have been some significant legal developments that can be read on the Town's website. In light of these, it is important that we show our Town officials that we support their continued efforts to maintain the community character of our home.

To visit the Town's web site click the link below

Town of Nassau Home Page

We really need to increase attendance at Town Board meetings to let the Nassau Town Board know that public interest and concern still exists.

To visit the Town's web site for the Calendar click the link below

Town of Nassau Calendar

It will take the concern and efforts of all of us to keep Nassau rural and beautiful.

DECEMBER 8, 2011

The Nassau Town Board is now reviewing Troy Sand and Gravel's Special Use application to mine 89 acres on a parcel located between Route 66 and Route 43, close to Pike's Pond.

RAM strongly believes that Troy Sand & Gravel's proposal to place a large-scale industrial operation in the middle of a quiet residential area would permanently alter the character of the area. Proposed activity includes periodic exposions and constant grinding of hard rock, six days per week.

This application will be an item on the agenda at the Nassau Town Board Meeting this Thursday, December 8, at 7.30 p.m.

RAM urges anyone who doesn't want a mine in Nassau to attend this and all upcoming Town of Nassau meetings related to Troy Sand and Gravel's Application and speak up for your right to enjoy safe and peaceful possession of your home and property. Please spread the word.

It is very important that area residents let the Nassau Town Board know that public interest and concern still exists.

The Town plans to post documents related to TS&G's application on the Town's web site and has created a section "TS&G Application" for these documents. Some related documents have all ready been added. To visit the Town's web site for the Documents click the link below

TS&G Aplication

NOVEMBER 16, 2011

Nassau Town Board to begin TS&G Application Review

On November 3, a decision was issued by the NYS Appelate Court that sent the Troy Sand and Gravel Application for a 95 acre hard rock quarry in a rural residential section of northeastern Nassau back to the Town of Nassau to be reviewed and decided based on its 1986 zoning law.

The Town's review will begin Wednesday, November 16, at 6:30pm at St Mary's Parish Hall, with a presentation and explanation of the application materials.

Public input will be essential during the course of the Town's review process. Wednesday is our opportunity to refamiliarize ourselves with the application, so that we can participate meaningfully at future public hearings and make our voices heard and have our concerns considered. If you have questions about the proposal, or just need the details refreshed, please plan to attend.

Spread the word to your friends and neighbors!

November 3, 2011

On November 3rd The Appellate Division reached a decision on appeals from both Troy Sand & Gravel and the Town of Nassau. The Court has denied both TS&G's appeal as well as the Town's appeal of previous decisions.

In Summary:
The Town's 2008 zoning law is invalidated and the Town must begin to process Troy Sand & Gravel's application under the Town's 1986 zoning law.
Troy Sand & Gravel must still obtain a Special Use Permit and Site Plan approval before they can legally begin mining.

The Town has posted the Appeals court decision on the Town's website To visit the Town's web site for the decision click the link below

November 3 Decision

There will be 2 VERY IMPORTANT public hearings where comments from the public and a large turn out in opposition to the proposed mine would give the Planning Board and the Town Board the justification to refuse to grant Site Plan approval or the Special Use Permit.
First the Planning Board will hold a public hearing on the Site Plan Approval.
Then the Town Board will hold a public hearing on the Special Use Permit
These public hearings have not yet been scheduled.
Watch the Calendar on the Town's web site for dates and times. To visit the Town's web site for the Calendar click the link below

Town of Nassau Calendar

The Nassau Town Board will be holding its monthly meeting on Thursday November 10th at 7:30 pm.

RAM has scheduled a meeting on November 8th at 7:00 PM to discuss the decision and our response..

September 1, 2011

Nassau Zoning Board of Appeals Public Hearing

The Zoning Board of Appeals of the Town of Nassau will hold a public hearing on an application from Troy Sand and Gravel Co., Inc and Henkel realty Associates, LLC, that appeals a stop work order issued on September 29, 2008, by the Town of Nassau Code Enforcement Officer for certain site development work on their property. The application seeks to vacate the stop work order on grounds that it was issued in error on both the law and facts. The public hearing on this application/appeal will be held at 7:30 PM on Thursday, September 1, 2011 at the Nassau Town Hall. All those wishing to comment on this appeal will have an opportunity to be heard. Written comments will also be accepted at that time and place. The application materials for this appeal are available at Town Hall for inspection prior to the hearing. PLEASE COME TO THE PUBLIC HEARING AND COMMENT OR SUBMIT WRITTEN COMMENTS. We still need the stop work order in place to keep TS&G from starting the quarry without the required permits.

January 2011

At 6:30 PM on January 13th The Town Board will hold a public hearing on the new draft Comphrensive Plan..

A copy of the Draft Comphrensive Plan is posted on the Town's website To visit the Town's web site for theDraft Comphrensive Plan click the link below

Draft Comphrensive Plan

The Town of Nassau is in the process of enacting a new Comprehensive plan to replace the one declared Null and Void by the NYS Supreme Court in February 2010 on procedural grounds. It is time for public comment on the new, updated Plan and our comments are an important part of the process. It is long, but you don't have to read it all if you don't have time. You can look in the table of contents, pick a section or sections, and respond to that. You can respond in writing, by mail or email, or you can speak at the Public Hearing on Thursday January 13, 6:30 pm. Please attend this public hearing, if at all possible, and tell the Town Board what you think.

September 2010

On September 7th State Supreme Court Juctice Michael C. Lynch issued a decision and order on the Town of Nassau's motion to renew and/or reargue a case before the Court on the Comprehensive Plan and Zoning Law.

Please note that this case remains on appeal."

The Town recently posted the Judge's decision on the Town's website To visit the Town's web site for the decision click the link below

September 7 Decision

The Nassau Town Board will be holding its monthly meeting on Monday, September 13, 7:30 pm. There will be opportunity for public comment.

RAM will be scheduling an emergency meeting to discuss the decision as soon as possible.

May 2010

At a special Town Board meeting on May 6th Town Board voted to enter into a Stipulation Agreement with Troy Sand and Gravel. Essentially any new land use regulations the Town passes will not apply to TS&G's current application. Existing laws, including the 2008 land use law, which is in litigation would still apply.
Click here for the full text of Stipulation agreement

The Town recently posted a litigation update on the Town's website To visit the Town's web site for the update click the link below

Litigation Update

April 2010

The Town has appealed Judge's Feburary ruling against the Town's 2008 Zoning Law

The Town is also proceeding with plans to correct the proceedural problems that were the basis of the Judge's decision.

To visit the Town's web site for the latest information click the link below

Town of Nassau

February 2010

Judge Invalidates Town's 2008 Zoning Law

Supreme Court Judge Michael Lynch has invalidates the March 2008 zoning law that, in part, included a ban on commercial mining.

The Nassau Town Board will be meeting at 6 PM on Thursday March 4th in response to this decision. Please come this meeting to show your support for the Town's efforts to protect our environment or contact the Town Board to let them know you support their efforts.
Click here for the full text of Judge's decision.

May 2009

RAM has a new meeting schedule.

RAM will meet the first Tuesday of the month at Fred's Coffee Shop, aka Roaster's Whim, on Rt. 43. The time for the meeting is the same, 7:00 PM. The complete address is NY 43 1750. Telephone 766-6889. We hope to see you there on Tuesdays.

March 5,2009

State Supreme Court Justice Michael C. Lynch of Albany,ruled in The Town's favor rejecting the Troy Sand & Gravels Article 78 proceedings against the Town. Troy Sand & Gravel had challenged the Town's issuance of a "Notice of Violation\Stop Work Order" in November 2007 after Troy Sand & Gravel began preparations for mining without the necessary permits from the Town.

JUNE 12, 2008

State Supreme Court Justice Michael C. Lynch of Albany,ruled in DEC's favor rejecting the Town's Article 78 proceedings against DEC. The Town hasn't decided if it will appeal the decision. There are still several other cases pending in the courts between the Town and Troy Sand & Gravel concerning the Town of Nassau's 1986 zoning law and the 2008 revision to it, which both prohibit this type of mining.

MARCH 20, 2008

The Nassau Town Board unanimously passed the Comprehensive Plan and the Zoning Law.

The zoning changes approved by the Town Board include a ban on commercial mining in all districts, the addition of an Aquifer Protection Overlay District to protect local water resources, as well as protections for local agriculture, open space, and wind farms.
Troy Sand & Gravel had asked for an injunction to stop the completion of the Comprehensive plan but that request was denied by State Supreme Count Judge Michael Lynch. Troy Sand & Gavel still has several court case pending against the Town and Town officials.

March 3, 2008... Public Hearing on Comprehensive Plan and Zoning Law

Please send emails and letters to the Town in support of the Comprehensive plan and Zoning law.

If you can't make the hearing on Monday night, please send an email with support of the Comprehensive Plan and Zoning Law to by Monday at 7 pm or drop it off at the Town Hall.

If you are able to attend the hearing, please hand in a statement and speak if you wish. We must show that the residents support our board and the Comprehensive Plan and Zoning Law. The other side have and will be sending in their letters and speaking against!

We need as many statements of support as we can get! the more the different family members should each send a short note. It can be simple like I support the Comprehensive Plan and Zoning Law. I am glad that our aquifer and natural resources will be protected.

If you have sent a letter before for the Draft Comprehensive Plan, please send another one and say that you support the Final Draft Comprehensive Plan and Zoning Law and if you wish, refer to your previous letter.

The public notice is below.

PLEASE TAKE NOTICE that the Town Board of the Town of Nassau has introduced and proposed for adoption a new Comprehensive Plan that sets forth the official land use and governmental policies, goals and objectives for the Town of Nassau. The Town Board has also introduced and proposed for adoption a new Zoning Law (Local Law No. 1 of 2008) that applies to all land in the Town of Nassau and replaces the existing Town of Nassau Land Use and Development Regulations, originally adopted in 1986 and amended from time to time. The proposed Zoning Law contains both provisions that have been carried over from the existing zoning regulations and many new provisions regarding such issues or subjects as application procedures, enforcement, conservation subdivisions, an aquifer protection overlay, the prohibition of commercial excavation or mining, agricultural uses and other aspects of zoning regulation. The Town Board, as lead agency, has determined that adoption of the proposed Comprehensive Plan and Zoning Law constitute Type I actions under the State Environmental Quality Review Act (SEQRA). Town Board of the Town of Nassau will hold a public hearing on both the proposed Comprehensive Plan and Zoning Law on March 3, 2008, at 7 pm at St. Marys Parish Hall, Tremont Drive and Church Street, Nassau, New York at which time and place all those wishing to comment will have an opportunity to be heard. Written comments will also be accepted at that time and place. A copy of the proposed Comprehensive Plan and Zoning Law are available for review at the Town Hall and the Nassau Library. They will also be available on the Towns website.

Town of Nassau

The comprehensive plan will provide guidelines and goals for future growth and development of the Town.

It is important as with all new laws that the Town can show citizens input. Please try to attend or write a letter in support of the comprehensive plan and the new Zoning Law.

November 30th Rally at DEC offices

State Assemblyman Tim Gordon, Town officials, concerned Nassau residents, members of RAM, and friends held a rally in front of the DEC offices on Broadway in Albany on November 30th. A petition was presented to DEC representatives asking that DEC change it's policy of processing mining applications before the applicant has obtained all local permits. Assemblyman Gordon has introduced legistation that would require the applicant to get local approval before DEC could begin to process an application. That legislation has passed the State Assembly but is tied the State Senate.

The Town Files Article 78 proceeding against DEC

In September the Town filed an Article 78 proceeding against DEC for issuing a permit to Troy Sand & Gravel citing numerious procedural issues and non-compliance with the State Environmental Quality Review Act. The Article 78 is asking the courts to resind the permit and require DEC to hold adjudicatory hearings on a number of issues raised by residents. Some of the main issues raised were:
a.. TS&G submitted application for which the mining permit was issued and upon which the SEQRA process was conducted on Dec.19, 2005. Moratorium was September 25, 2005 to July 24, 2006......
b.. Town may decide hours, etc.......DEC ignored and gave no written comment why not incorporated.
c.. Failure to monitor at property this only when surrounding area conforms to proposed project such as an industrial and commercial zone. An unconstitutional taking of private property.
d.. TS&G identifies potential of 738,000 tons per year for 2000 FEIS. DEC ignored.
e.. Only 3 monitoring wells on site and only one drilled to depth of mine. Wells cease once mine reaches wells. No monitoring in place with burden on residents.
f.. No visual impact studies from private homes where impacts most prominent.....SEQRA requires cumulative of all impacts be analyzed.
g.. Quarry could be 3,900 hours based on hours. TS&G used 2,000 hours.

The Town Board is proposing an aquifer protection law
Local Law #2 of 2007.

This law would prohibits activities which could contaminate the aquifers which supply the private wells of most Town residents.
Click here for the full text of the law.
Please come out to support this important change to the Town's zoning law or contact the Town Board to let them know you support this law.

DEC issued Troy Sand & Gravel a permit on May 21,2007.

This permit still requires Troy Sand and Gravel to obtain all necessary Local and Federal permits This type of mine has been illegal in Nassau since 1986.

Below is RAM's response to a request for comments by Times Union writer Bob Gardinier to a May 24 article in the Times Union.

"First of all, I'd like to reflect that, while the new administration is putting 'environmental' back into DEC, they haven't changed quickly enough to protect Nassau's natural resources and environment. I believe that there is hope for them, though.

I'd also like to point out that, despite Mr. Gilchrist's statement that Nassau's law doesn't apply to Troy Sand and Gravel, in fact they cannot legally begin to mine until they have permission from the Town of Nassau, which they cannot obtain. Troy Sand and Gravel has challenged Local Law #4 of 2006 in court, but it is the law unless and until the courts rule otherwise, and that law bans large scale mining. If this law were struck down by the courts, Local Law #2 of 1986 would govern the situation, which also prohibits large scale mining. Local Law #4 of 2006 was just a reinforcment of the existing law.

The former Supervisor and Town Board of Nassau had signalled that they did not intend to hold the applicant to the law; therefore the citizens of Nassau declined to reelect them in favor of those who promised to protect the interests of its citizens. We firmly believe that our current town government will do so, and will support and stand behind their efforts on our behalf."

Why are the Residents against Mining continuing to have fundraisers?

Isnt the mining issue dead with the Local Law #4 passed and on the books?
No, the mining issue is not dead. DEC is continuing to process applications from both Troy Sand & Gravel and Callanan Industries.
DEC is nearing the end of the SEQR (State Environmental Quality Review Act.) process with the TS&G application. Troy Sand and Gravel is currently answering all the items we brought up at the hearings in Aug. When their answers are submitted to the DEC, DEC will either issue a permit, deny the permit, or call for adjudicatory hearings.

If there are hearings we will need to hire experts to present our concerns at the hearings. These experts are very expensive. If DEC issues a permit we may have legal expenses challenging the permit and/or it's terms and conditions.

If Troy Sand & Gravel or Callinan Industries are successfull at getting permits from DEC they will probably challenge our local laws.

Town Board passes Local Law #4 of 2006 by 3 to 2 vote

On Thursday July 20th The Town Board passed Local Law #4 which prohibits commercial mining in all districts in the Town.
Click here for the full text of the law.
Thanks to those who come out to support this important change to the Town's zoning law

DEC accepts TS&G's DEIS
(Draft Environmental Impact Statement)

A June 8, 2006, email from DEC's Nancy Adams announced that TS&G's DEIS was complete
The public comment period has been extend until August 21, 2006.
Please write or e-mail Ms Adams expressing any concerns you have about the project.
Ms. Adams also provided a copy of the Public Hearing Notice. The notice contains a link to the Griggs-Lang Web Site where a full copy of the DEIS is posted. Click here for the notice.
You will need a high-speed internet connection to view most parts of the DEIS.
We are hoping that enough issues are raised to cause the permit application to go to adjudication. Click here for the issues.

The Natural Resource committee

The draft Natural Resource committee report can be viewed at the Town Hall and can be purchased at a reduced rate instead of 25 cents per page. Click here for the Conclusions and Recommendations.

The new Comprehensive planning Committee was named as follows: Don Carpentier, Keith St. John, Melissa Toni, Jeff Root (chairman), Ray Smith, Elaine Stock, Steve Fisher, Kathy Murphy, Mark Berger and several others.

Third Quarry Proposed

On February 27th Callanan Industries submitted an application to DEC for a 39 acre quarry on the corner of Gardner Hill Road and Rt 66.

There are now five applications for mines within the Town of Nassau being processed by DEC. There are proposals for gravel mines on Rt 20 and Clarks Chapel Rd. in addition to the three quarries.

Troy Sand & Gravel's DEIS submitted to DEC

The document is two binders worth and over a thousand pages long.
There is a copy at the Town Hall.
We need to review it to see if all the items mention in the scoping document are included.

More Letters Needed

More letters should be sent to Nancy Adams to substantiate the fact that the residents of this area are really upset about the proposed mines. The more letters that are in the files, the better it will look. The following is her address and the T S &G and Callanan case numbers. Revise a previous letter and send it to her. Look for any previous letters to the newspapers and see if some of them would be appropriate. There doesn't seem to be a deadline. Please write another letter and send it by snail mail to:

Nancy M. Adams
Deputy Regional Permit Administrator
NYS DEC, Region 4
1150 North Westcott Road
Schenectady, NY 12306-2014

Re: Application of Troy Sand and Gravel, Inc.
DEC #4-3830-00099/00001
Proposed Nassau Quarry

Re: Application of Callanan Industries, Inc.
DEC #4-3830-00101/00001
Proposed Nassau and East Nassau Quarry

Please send copies of letters to RAM and Public Officials

Those of you who are sending letters to Nancy Adams please send copies of your letters to RAM c/o Dianne Applin , Nassau Town Board Members and to County Legislators. Click here for addresses.

DEC Tells TS&G to Revise Draft Scoping Document

In a February 11, 2005 letter from DEC's Nancy Adams to TS&G's Jude Clemente Ms Adams required TS&G to expand and revise their Draft Scoping document of July 21, 2004.

Among the issues that TS&G were required to add to the document were a section on "Other Regulatory Considerations" including discussions on Record of Compliance, Community Character and Zoning Issues as well as a discussion on the potential impacts of blasting on the Dewey Loeffel Landfill.

According to an article by Bob Gardinier in The Times Union of Tuesday, March 1, 200 Troy Sand & Gravel has now amended its application and has, among other changes, agreed to increase the buffer zone rimming the project site from25 feet to 200 feet. The article goes on to say that DEC has started the clock running on a second comment period, which will run through March 25.

Comments should be sent to Nancy Adams at DEC Region 4, 150 North Wescott Road, Schenectady NY 12306.

Where are we in the DEC SEQR Process?

To find out where we are in DEC's Review Process, please follow the link to the "SEQR Cookbook" , below. SEQR stands for State Environmental Quality Review.

If you want more information about the State's process call Nancy Adams at DEC at (518) 357-2069.

Why Support RAM?

After a period of relative calm following the defeat of Lane Construction's massive hard rock quarry proposal in the late 1990s, residents of southeastern Rensselaer County are once again under assault by mining interests.

This time it's Troy Sand & Gravel and Callanan Industries. Troy Sand & Gravel has announced plans for a huge blasting, crushing and trucking operation near the intersection of state routes 66 and 43 in Dunham Hollow. Callanan Industries has entered into a lease with a local land owner to operate a seventy-six-acre industrial hard rock quarry on a one hundred eleven-acre site at the intersection of Greenman Hill and Dunham Hollow Roads.

Residents Against Mining is a citizens' group formed to stop them, to protect our famillies, our neighbors, our homes, our quality of life and the environment.

Please join RAM and help us stop the mine!
Send contributions to:
RAM, P.O. Box 761, Averill Park, NY 12018

DEC Receives Second Mining Application

Yet another mining company has set their sights on our town and is proposing a massive hard rock operation for a residential area.

Callanan Industries has entered into a lease with a local land owner to operate a seventy-six-acre industrial hard rock quarry on a one hundred eleven-acre site at the intersection of Greenman Hill and Dunham Hollow Roads. The site is primarily in the Village of East Nassau, with about a quarter of the area in the Town of Nassau.

Callanan Industries' plan calls for operating hours of 6:00 a.m. to 5:00 p.m., with activities including drilling, blasting, crushing and hauling. Upwards of 100 trucks a day could be going up and down the winding Dunham Hollow and Greenman Hill Roads.

Please write your  town board and legislators to oppose this project.

How the Nassau Town Board Can Stop Large-Scale Mining

In a letter addressed to Nassau Town Supervisor Carol Sanford, John Caffry, RAM's lawyer, pointed out that there are a number of ways that the Nassau Town Board can stop large-scale mining.

The Town can:
  • Rezone the property
  • Amend the Land Use and Development Regulations
  • Deny the Zoning Permit

Click here for the complete letter. Click here for PDF Help

How close are you to the proposed mine?

Click here for a
larger map
-be patient, the file is quite large

How Much Dust can Blasting Produce?

Click here to watch a blasting Video by Stopthequarry2009

Mining is a Problem Locally and Across the Nation
Below are links to other web sites where the mining industry is creating problems:

Stop The Schaghticoke Mines

Lower Milford Residents Association

End Mountaintop Removal

Save our Southwest Hills

Liberty Quarry Concerns

RAM Members

Click here for more photos

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