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The Battle That Never Ends — Sand and Gravel in New Hartford
By John Mahoney, New Hartford
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We are residents of New Hartford and hope to remain proud of that fact. We have come together as L.I.S.T.E.N. (Local Individuals Standing Tall Ensuring Neighborhoods) to address what seems to be a common blindness to our rights regarding sand and gravel excavation in residential areas. Recently, our charming town has become vulnerable to this market due to other towns’ new restrictions pertaining to this type of lunar landscaping. We have been asking our government and commissions to amend the zoning regulations to forbid new sand and gravel operations in residential areas. If this does not get done, we may be "dust in the wind." Surrounding towns saw the need to amend this regulation; why is New Hartford procrastinating?
We recently attended meetings at the New Hartford Town Hall regarding a proposed sand and gravel operation on Farmington River Turnpike (historically known as Albany Turnpike) in a neighborhood that is zoned for residential and light recreational development. The Planning and Zoning Commission denied this application for Special Exception for sand and gravel (based on regulations set prior 1978) to Bahre Partners’ Canton Village Construction Company, Inc. (CVC) by a vote of 4-1. CVC was not able to prove that there would be no negative impact upon the character of the neighborhood or the residents and public, and thus their application was denied. CVC has been appealing this denial since August 8, 2001.
Could someone please explain the thought process involved in buying land for sand and gravel in a zone where it is not permitted except by special exception? To apply is a constitutional right, but the land, the homes in the neighborhood and our lives are still worth the same now as they were when the application was denied. Should this appeal go to court, thousands of tax dollars may be wasted defending an appropriate denial of exception. Currently, with our town’s already tight budget, Canton Village Construction has cost taxpayers $10-$15,000, which the town may not be able to recoup. Canton Village Construction stands to gain financially while putting an area used by hundreds of people—who walk, bike, fish, tube, and generally enjoy the sights nature has to offer—at extreme risk of irreparable damage.
Let our town officials know that you are tired of seeing valuable tax dollars wasted when the resolution is so easy. Town Planner Tom McGowan and Attorney Thomas Byrne, both exceptional in their professions, finally drafted new Special Exception Regulations to prevent (with no chance of special exception) new sand and gravel operations in residential areas. However, after CVC (Bahre Partners) asked for a temporary injunction to keep the Planning and Zoning Commission from amending their regulations, this proposal has apparently been put on hold—even though the court never granted an injunction.
Unless you like your taxes to keep rising due to unnecessary legal costs, you must speak out to the Planning and Zoning Commission. This is not just about this neighborhood; it affects many other areas vulnerable to zone changes. Complacency is a dishonor to mankind and to your fellow neighbor.
Call your local officials at the New Hartford Town Hall or send a letter. Let’s all help stop the waste with this issue. Every bit counts.
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