PUBLIC HEARING TOWN OF MARSHALL January 7, 2020
The Public Hearing for residents of
the Town of Marshall, County of Oneida, and the State of New York was held at
the Town Hall, 2651 State Rte. 12B, Deansboro, NY on January 7, 2020.
Present: Andrew Williams, Jr – Supervisor Colleen
Baldwin – Councilmember
Robert Blunt –
Councilmember Jack
Buschmann – Councilmember
William Getman –
Attorney Mary Blunt –
Town Clerk
Absent:
James
Peck - Councilmember
The meeting was called to order at 7:00pm by
Supervisor Williams.
The public hearing for the possible moratorium on
mining in agricultural districts in the Town of Marshall was opened at 7:01pm
with the reading of the notices published in the Waterville Times by the Town
Clerk.
Several Town of Marshall residents were in attendance,
as was Attorney Vincent Rossi, who represents several residents for this
matter.
Michele Adams opened the meeting with a brief
presentation, thanked the Board and asked for the board to adopt zoning laws to
eliminate mining on Special Use Permits in agricultural districts. She spoke
about the effects of drilling and blasting from the mine including the noise,
air quality and stress to the horses located nearby. She submitted a petition
with over 200 signatures on it asking the board to enact a moratorium “halting
all further mining activity in any agricultural district in the Town of
Marshall until such time as they have had time to review the zoning laws, in
the hope that the boards will amend such laws to eliminate mining as a special
permit use in such districts”.
Several more residents, including Heidi VonBergen,
Betty Ford, Pat Ingalls, Jean Weeks, Jamie McNair, Bill Zieres, Benita Eisenhut
and non-residents Attorney Vincent Rossi and Margot Unkel all spoke about the
negative effects having this mine will have on the area. Some of their concerns
were:
·
On the SUP
application, Mr. Schachtler stated he would grind stone from a 2 acre piece of
land to create stone paths for his cows. He has since sold the cows, so he
longer needs those paths.
·
More lifestyles
will be compromised than helped by this mine
·
Property values
in that area will decrease, taxes will then have to be adjusted, leading to
decreased tax revenue for the town, county & school
·
Noise levels
would be harmful to neighbors
·
Well water
quality & quantity may be effected
·
Noise produced
could compromise disposition of animals, especially the horses nearby that are
used for therapy for individuals with disabilities
·
Increase in
traffic on State Route 12
·
Mining goes
against the Town of Marshall’s Comprehensive Plan
·
Document given as
proof of having the SUP has conditions such as water table study and noise
study that were not met, and it is stated that the permit will expire in 5
years, which would have been in the fall of 2018
·
Increase in
traffic on Shanley Road
·
Other contingencies
in the SUP were not met – such as was a bond ever paid to the Town
Other residents, including Ed Gallagher and Robert
Hughes spoke against the moratorium, and mentioned the following:
·
Mr. Schachtler
should be allowed to have a business on his own land
·
It will be good
to give Hanson competition
·
A farm has
created noise and possibly de-valued properties around it. The Town needs to
balance Mr. Schachtler’s rights versus the neighbors’ rights
After further discussion, Mr. Getman stated that
this was publicized as a Public Hearing, not a Town Board meeting, so if the
Board enacted a moratorium, it would have to be reenacted at a regular board
meeting. Since the DEC deadline was 1/8/2020, the Board decided to vote at this
time. The Town Clerk read the proposed resolution:
RESOLUTION # 1
On
a motion by Supervisor Williams, seconded by Councilmember Buschmann, the
following resolution was
ADOPTED: Ayes: 4
Blunt, Baldwin, Buschmann,
Williams Nays: 0
WHEREAS, under the terms of the current Town of Marshall Zoning Law,
commercial excavation is permitted as a special use permit use, with the
special use permit to be issued by the Zoning Board of Appeals; and
WHEREAS, the Town is reevaluating
its Zoning Ordinance, Local Law No. 1 of 2002, as to the suitable locations for
commercial excavation in the portions of the Town now zoned A-1 Agricultural;
and
WHEREAS, there is presenting
pending an application by Eric Schachtler to the New York State DEC for a
mining permit which would allow significant mining activity at or about the
intersection of Shanley Road and Post Street in the Town of Marshall which may
have adverse consequences;
NOW THEREFORE, BE IT ENACTED BY
THE MARSHALL TOWN BOARD AS FOLLOWS:
That the Zoning Board of Appeals
of the Town of Marshall shall not entertain an application for a special use
permit for commercial excavation in any Agricultural District of the Town, nor
issue any such a permit, during the period January 7, 2020 through February 6,
2020; and it is further
ORDERED that no commercial
excavation shall take place during that same period, January 7, 2020 through
February 6, 2020, in the Town of Marshall Agricultural Districts beyond the
commercial excavation uses now actively in use.
The Public Hearing was closed at 8:54pm by a motion
from Supervisor Williams, seconded by Councilmember Buschmann.
On
a motion by Councilmember Buschmann, seconded by Councilmember Baldwin, the
meeting was adjourned at 8:55 pm. Carried unanimously.
Mary E. Blunt
Town Clerk
