JULY 13, 2016
NASSAU ACTED PROPERLY IN DENYING MINING PERMIT
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
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
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
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
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
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
ENERGY REGULATING COMMISSION SCOPING PERIOD ENDS
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)
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
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
SEPTEMBER 1, 2015
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
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
Well done, all!
July 6, 2015
RAM will be meeting this coming Monday, July 6, 2015 at the
Ambulance Hall at 7 pm
The crucial item on our RAM meeting agenda is preparing for the hearing on
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
• “To permit growth and development while protecting the rural, scenic,
historic, aesthetic, economic, recreational and environmental qualities of
• “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
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
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
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
- please speak out and then hand in your written comments.
Click here for the Hearing Notice on the Town's web
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.
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 firstname.lastname@example.org .
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
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
June 22, 2015 Special RAM Meeting
RAM will be meeting this coming Monday, June 22, 2015 at the Hoags
Ambulance Hall at 7 pm.
Please make every effort to be there!
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
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
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.
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
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
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
COURT ISSUES DECISION
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
OCTOBER 9. 2013 NY SUPREME COURT
DISMISSES ARTICLE 78
On October 9th The NYS Supreme Court dismissed an
proceeding that Troy7 Sand and Gravel had brought against the Town for
rescinding the "Notice of Complete Application".
The Town recinded the
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
DECEMBER 27, 2012 SUPREME COURT
APPELATE DIVISION VACATES INJUNCTION
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
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.
OCTOBER 18, 2012 CONTINUATION of
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
PLEASE ATTEND THIS PUBLIC HEARING!
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
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 email@example.com.
If no one shows up, this mine might very well be approved. Please plan on
And speaking if possible.
Click here for a letter you can print and send to the
Add the date, your address and sign before sending.
AUGUST 9TH TOWN BOARD SENDS TS&G
APPLICATION to PLANNING BOARD
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
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
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
Your objections will be more forceful if they can be supported by the 1986
law and backed up with facts you can document.
TOWN BOARD MEETING
The Town Board may decide the completeness of TS&G's Special Use Permit
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
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
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
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.
SPECIAL TOWN BOARD MEETING
APRIL 26 at 6:30 PM
The Town's attorney has posted a notice of a special meeting of the Town's
Click the link below for the notice
LETTERS OPPOSING RENEWAL of TROY
SAND & GRAVEL'S PERMIT NEEDED
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
There is newly discovered information or there has been a material change
in applicable law or regulations since the issuance of the existing
DEC's procedures allow permits to be modified, suspended or revoked
The permit holder fails to comply with any terms or conditions of the
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.
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
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
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
There have been some significant legal developments that can be read on the
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
It will take the concern and efforts of all of us to keep Nassau rural and
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
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
NOVEMBER 16, 2011
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
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.
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
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
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
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
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.
At 6:30 PM on
January 13th The Town Board will hold a public hearing on the new draft
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
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.
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
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
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
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
Town of Nassau
Town's 2008 Zoning Law
Supreme Court Judge Michael Lynch has
invalidates the March 2008 zoning law that, in part, included a ban on
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.
RAM has a new meeting
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
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
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
District to protect local water resources, as well as protections for
open space, and wind farms.
Troy Sand & Gravel had asked for an
to stop the completion of the Comprehensive plan but that request was
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 firstname.lastname@example.org by Monday at 7 pm or drop it off at the Town
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
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
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
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
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
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
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
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
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
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
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
The new Comprehensive planning Committee was named as follows: Don
Keith St. John, Melissa Toni, Jeff Root (chairman), Ray Smith, Elaine Stock,
Steve Fisher, Kathy Murphy, Mark Berger and several others.
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 should be sent to Nancy Adams to
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
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.
Proposed Nassau Quarry
Re: Application of Callanan Industries, Inc.
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
here for addresses.
DEC Tells TS&G
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,
Among the issues that TS&G were required to add
the document were a section on "Other Regulatory
including discussions on Record of Compliance,
Character and Zoning Issues as well as a discussion on
potential impacts of blasting on the Dewey Loeffel
According to an
article by Bob Gardinier in The Times Union of
March 1, 200 Troy Sand & Gravel has now amended
application and has, among other changes, agreed to
the buffer zone rimming the project site from25 feet
200 feet. The article goes on to say that DEC has
the clock running on a second comment period, which
run through March 25.
Comments should be sent to Nancy Adams at DEC Region
150 North Wescott Road, Schenectady NY 12306.
Where are we in the
To find out where we are in DEC's Review Process, please
the link to the "SEQR Cookbook" , below. SEQR
for State Environmental Quality Review.
If you want more information about the State's
call Nancy Adams at DEC at (518) 357-2069.
Why Support RAM?
After a period of relative calm following the defeat
Lane Construction's massive hard rock quarry proposal
the late 1990s, residents of southeastern Rensselaer
are once again under assault by mining interests.
This time it's Troy Sand & Gravel and Callanan
Troy Sand & Gravel has announced plans for a huge
crushing and trucking operation near the intersection
state routes 66 and 43 in Dunham Hollow. Callanan
has entered into a lease with a local land owner to
a seventy-six-acre industrial hard rock quarry on a
hundred eleven-acre site at the intersection of
Hill and Dunham Hollow Roads.
Residents Against Mining is a citizens' group formed
stop them, to protect our famillies, our neighbors,
homes, our quality of life and the environment.
Please join RAM and
us stop the mine!
Send contributions to:
RAM, P.O. Box 761, Averill Park, NY 12018
DEC Receives Second
Yet another mining company has set their sights on
town and is proposing a massive hard rock operation
a residential area.
Callanan Industries has entered into a lease with a
land owner to operate a seventy-six-acre industrial
rock quarry on a one hundred eleven-acre site at the
of Greenman Hill and Dunham Hollow Roads. The site is
in the Village of East Nassau, with about a quarter of
area in the Town of Nassau.
Callanan Industries' plan calls for operating hours
6:00 a.m. to 5:00 p.m., with activities including
blasting, crushing and hauling. Upwards of 100 trucks
day could be going up and down the winding Dunham
and Greenman Hill Roads.
Please write your
town board and legislators to oppose this
How the Nassau Town
Can Stop Large-Scale Mining
In a letter addressed to Nassau Town Supervisor Carol
John Caffry, RAM's lawyer, pointed out that there are a
of ways that the Nassau Town Board can stop large-scale
The Town can:
- Rezone the property
- Amend the Land Use and Development
- Deny the Zoning Permit
here for the complete letter. Click here for