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JANUARY 2009 NO R.A.M MEETING THIS MONTH :
DECEMBER 4, 2008 R.A.M's ANNUAL MEMBER MEETING 6:00 PM
at the Hoags Corners Fire House.
:
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 supervisor@townofnassau.org 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 better....so 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.
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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. Mary’s 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 Town’s 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
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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 up.in the State Senate.
The Town Files Article 78 proceeding against DEC
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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 line.....do 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 hours...in 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?
Isn’t 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 
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