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| EXISTING MASSIVE MINE #1 SPRING LAKE ROAD |
PROPOSED MASSIVE MINE #2 TURKEY HILL ROAD |
PROPOSED MASSIVE MINE #3 ACADEMY HILL ROAD |
The court battles with Red Wing began when the town's 2006 comprehensive plan was adopted including language calling for the elimination of mining. With residents concerned about the traffic, noise and dust from a mining operation, the town repealed the floating light industrial zone that allowed such operations to be approved despite zoning hurdles. A state judge this year voided the plan, saying town officials did not strictly follow environmental laws in drafting the plan or in repealing the floating light industrial zone. Concerned about the legal cost of an appeal, the town turned to the state environmental conservation law. It says Greenway communities will be provided with an indemnity against lawsuits resulting from adoptions or use of zoning laws or ordinances reflecting the Greenway's conservation and land-use principles. Case costly for town...Since 2006, the town has spent more than $40,000 on various legal fees on the case. It needs the additional expertise the state can provide as local officials figure out how to get land-use planning back on track. The situation in Milan has provided the Greenway with the opportunity to make good on one of the incentives offered to municipal officials willing to adopt the Greenway planning philosophy for their communities. That philosophy includes developing strong town centers and protecting some open space and farm land - and taking into account community concerns about development. The Milan case will have to be judged on the legal merits, but there's no question that if the state dangles incentives to communities to embrace certain principles, it should live up to its obligations when opposition arises. Poughkeepsie Journal Editorial (Aug 15) Keeping Milan Mining Ban Is Worth Legal Fees Much of the coverage of the Town of Milan's appeal to re-instate its ban on industrial-scale mining in residential areas focuses on the cost of the appeal: $33,500. Very little is devoted to the cost of not appealing. And yet the costs of not appealing are why citizens of all stripes are contributing to a legal defense fund for the town, working in a nonpartisan way with all five members of the town board to offer financial help. While inaction would save $33,500 on the town's budget line this year, the true cost of inaction would be paid for generations. The cost of decreased property values. The cost of increased traffic risks to drivers, bicyclists, runners, dog walkers, children getting mail from mailboxes and school buses. The loss of the quiet enjoyment of our homes. Red Wing Properties' proposed Turkey Hill Road mine would put 22-wheel dump trailers on Milan's small, winding roads every five minutes for 12 years. And it wants to open a similar, massive exporting mine on land it already owns on Academy Hill Road. And it has identified 23 sites totaling 641 acres across the entire town as potential sand and gravel mines. We have good advice from leading land use lawyers, who say the town has a very strong case for appeal. We hope money will be refunded to citizens when the Greenway Compact provision covering the costs of legal action comes through. E-mail bill@milanconcerns.com for more information. The cost of inaction is too high. Bill Jeffway, President, Milan Concerns, Milan Environmental specialists' findings reveal big gaps Milan Concerns has just released seven environmental reports it commissioned to assess traffic, water, noise, pollution, habitat, archaeology and visual impacts from Red Wing Sand and Gravel’s proposed 69 acre mine on Turkey Hill Road. You'll find words like, "travesty," "glaring omissions," "unsafe conditions," and "flawed," in reference to Red Wing's application. Here are some excerpts:
The largest omission of all is the issue of town character and the fact that mining is prohibited in Milan. Mining has always been prohibited at proposed sites. But Milan went further and adopted a town-wide ban on mining in January 2006, eliminated a zoning mechanism that could have allowed industrial-scale mining in certain places if certain conditions were met. Despite all this, state laws allow the Department of Environmental Conservation (DEC) to continue processing Red Wing’s application. DEC staff went so far as to recommend on July 18, 2007 that a permit be issued for a 69-acre mine Turkey Hill Road that would extract 3 million cubic yards of gravel with 22-wheel dump-trailers going in and out every 5 minutes for 12 to 15 years. While this was a setback, it was offset by the DEC’s agreement to extend the process into a legislative hearing, issues conference and adjudicatory hearing process that began on August 14. So the DEC town governments and citizens. Red Wing wants an approval from the State as another mechanism to challenge home rule and wear down the town’s will. The cost of doing nothing is greater "So first, keep your town laws up to date. "We had to replace a Comprehensive Plan that was almost 20 years old and very out of line with residents' wishes. It left the town very unprepared for the big developers that are already in town. Red Wing and the Durst Organization own about 900 acres in Milan alone, that we know of." "Second, we need to change state laws that favor big developers over small town, home rule rights. "We successfully lobbied to get this to an issues conference and adjudicatory hearing. It has taken a lot of work from a lot of citizens and a very active participation from the town of Milan to get these issues looked at in depth.” "Milan Concerns is applying for 'party status' so we can be an official part of the state process and we hope to get a decision on this soon. If we can’t get the state to stop processing the application, then we want to state to deny the permit based on community character and the town’s home rule rights.” What residents can do In Milan, the town has officially re-adopted its Comprehensive Plan,including the zoning changes that ban mining after a judge threw it out on a procedural technicality in a suit initiated by Red Wing. Throughout the challenge, Milan’s ban on mining remained intact. Other towns that have banned large-scale mining include Saugerties, Pawling, Nassau In the upcoming election, Milan residents need to continue to elect Town Board members who understand the issue and will defend the town’s right to home rule. I will conclude with the language from the "justification" from the bill that has languished in Albany for 12 years that would put an end to the state process: Background Information on this issue... "In the second lawsuit, Red Wing claims that only a small number of citizens spoke against the FLI and to Red Wing's proposal for a mine during the public forums on the comprehensive plan." Town board revisits FLI elimination law Public gets more time for input on Milan mine Milan fine-tuning comprehensive plan The people's will Milan Residents United In Stand Against Mining Application With standing-room only, in a meeting that went on for over three hours of residents giving their views -- every single person opposed the Turkey Hill Road mine and industrial-scale mining in general in the town and told the DEC to deny the permit. The only person speaking in support of the mine was the mine owners sister. Not a single resident spoke in favor. Many commented on the fact that the DEC's processing of this application is a waste of state and resident's time, money and resources since the town has banned mining and NY is a home rule state. An outdated law at the DEC says they believe the applicant over the town when zoning is disputed. The town says zoning prohibits mining. The applicant says zoning does not. What sense does it make for DEC to believe a mine applicant and not the town on zoning issues! Residents jam town hall to protest another Red Wing bid Red Wing files second lawsuit Milan presses to stop mine
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This site dedicated to the memory and efforts of Robert Trumbull.
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