Ogden seeks rezoning of mining areas

Ogden seeks rezoning of mining areas

Residents support Town of Ogden officials' efforts to rezone areas of the town from Special Industrial District (SID) to Residential (R-1). They say the change would positively impact the character of the town. The change in zoning would affect the mining operations of Manitou Sand and Gravel. Officials and attorney from Dolomite, the lessee of the MS&G site and the attorney for MS&G said the changes would negatively impact their operation.

At the December 14 meeting, town officials went through the State Environmental Quality Review (SEQR) steps that included answering 20 questions on whether their proposed zoning changes would negatively affect the town. Questions ranged from whether the proposed zoning change would affect any protected or unprotected bodies of water, to whether the change would alter drainage or the flow of surface water, affect air quality or impact plant and wildlife.

"If anything, the changes would positively effect our community by improving air quality, eliminating erosion and by not disturbing any plants or wildlife," Supervisor Gay Lenhard said.

Board members unanimously agreed that the questions asked as part of the SEQR process would bring positive changes for the town, not negative impacts.

Following the town's reading and discussion of the questions, attorney Keith O'Toole composed a resolution for the town as part of the rezoning action. Public comment was invited from the audience that filled the community center's main meeting room.

Ronald Roberson, attorney for Manitou Sand and Gravel, said he strenuously objected to the changes proposed. "This is a continuation of the acts the town board has used to frustrate the operations of my client for the past 25 years," he said. "We've litigated these issues and the town has lost in the past."

Mining in the Town of Ogden will not stop, no matter what regulations the town passes, Roberson said. "You have no legal recourse to prohibit mining," he said. "If the zoning passes, the town board had better be ready to deal with the consequences of their actions because it will be expensive."

Several residents spoke in favor of the proposed changes in zoning. Mary Lou Clifford lauded the board for being strong and for trying to protect the village of Spencerport and the town. "It's imperative that there be a townwide ban on mining," she said.

Adam Schultz, representing Dolomite, said the mining operation provides close to $1 million a year to the local economy in direct and secondary employment.

"You keep citing the changes as a furtherance of your comprehensive plan but your plan recognizes a number of things such as preserving open space," he said. "The current use of the mine is consistent with open space. If it's changed to R1 zoning, it's possible that housing subdivisions or nursing homes could be built on that site and that's inconsistent with the comprehensive plan."

Schultz said reclamation of the property and the change in zoning doesn't show proper planning on the part of the town board. "We've been entitled to mine since 1988 and rather than issue the approvals to which MS&G is entitled, you are looking to do illegal spot zoning."

Schultz also said the mining operation has been in existence in the town for many years and the value of homes has continued to rise.

"The mining operation is not affecting property values in the town," he said.

Town officials unanimously voted to accept the resolution and change the zoning from SID to R-1 and to prohibit mining in the town.

"The June farm (where MS&G mine) is a pre-existing, non-conforming case," Lenhard said. "The zoning changes don't affect what they are doing right now."