Press

Thursday, August 2, 2007
Milan readies to battle mine suit
Master plan, industrial zone ban get OK again

By Rasheed Oluwa Poughkeepsie Journal

MILAN - The town board plans to approve its comprehensive plan and eliminate its floating light industrial zone at its next meeting this month.

This is the second time the board has approved its comprehensive plan and the third time it has revoked the floating light industrial zone.

Officials hope this step will give them another layer of defense against a lawsuit Red Wing Sand and Gravel is filing against them over its mining proposal.

"We expect Red Wing will take issue somehow, but we're doing what we feel is necessary," Supervisor John Talmage said.

Red Wing is trying to get approval for a mining operation on a 69-acre property off Turkey Hill Road.

Milan officials decided to eliminate the floating light industrial zone after residents voiced concern over potential noise, dust and truck traffic the operation could bring. When the town eliminated the special zone, it essentially closed any avenues Red Wing had for opening the mine.

In an earlier lawsuit between the town and mining company, a state Supreme Court judge ruled in February the town's comprehensive plan was invalid.

The plan has language recommending eliminating the floating light industrial zone. The zone allows operations such as mines, creameries and bottle plants to exist in areas not zoned for them.

The judge ruled the town skipped steps in the state environmental review process when it passed its comprehensive plan the first time.

Now the town and Red Wing are fighting in the courts over the validity of the town's decision to end the floating light industrial zone.

"Everything should be clean after we move forward," Ross Williams, a member of the town board said of this month's vote.

In another related matter, Department of Environmental Conservation is moving forward with its review of Red Wing's mine application by an environmental law judge.

On Aug. 14, a legislative hearing will be held at Milan town hall. During the meeting, citizens can voice concerns about the mine application. That meeting begins at 7 p.m.

On Aug. 15, an issues conference will be held at town hall. From that meeting, the DEC will decide which environmental issues are relevant and should be argued in an adjudicatory hearing and which groups have the right to argue them. That meeting begins at 10 a.m.

Poughkeepsie Journal

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