Troy Sand and Gravel Co won a round in court last week in its long battle with the Town of Nassau, New York, over the company’s plans to operate a quarry.
The Appellate Division decision overturned at 2013 order from state Supreme Court in Rensselaer County, New York, that granted Nassau’s motion for a summary judgment dismissing the company’s complaint.
The town “must base their determination of the environmental impact for zoning purposes on the record developed as part of the coordinated review conducted pursuant to the State Environmental Quality Review Act,” the court ruled Thursday.
The rule essentially means the town cannot reopen an environmental review of the project.
Troy Sand and Gravel applied for a mining permit in 2002 with the state Department of Environmental Conservation and for a special use permit and site plan approval from the town. DEC approved the application in 2007, and litigation has been under way ever since.
Troy Sand and Gravel wants to open an 89-acre quarry on land owned by Henkel Reality that is bordered by state Routes 43 and 66, Dunham Hollow Road and Gardner Hill Road.
The greywacke sandstone quarry, producing road stone and aggregate, would be mined for 100 years.
Residents have objected to permitting mining in the rural residential area, and have fought the plans on a number of fronts.
The town also passed local laws that officials now claim supersede DEC approval of the rock mine.
In response to this week’s decisions, Nassau Town Supervisor David F. Fleming Jr. said, “I’m pleased that the town of Nassau’s independent jurisdiction over land use matters has once again been affirmed by yet another court.
The town was reviewing this application for an industrial hard rock mine when these two actions were brought. At the request of the applicant, the town suspended review of the proposal while these lawsuits were pending.
The town board will now be reviewing the decision relating to the scope of environmental analysis of this application with our counsel and will address this matter accordingly.”