Kent Councilman Proposes Law Against Concrete Mixing

The Town of Kent continued to grapple with its biggest headache as a councilman introduced a local law that could effectively put an unpopular concrete mixing plant out of business.

During last Tuesday’s work session, Kent Councilman Paul Denbaum proposed a law that would prohibit the production of concrete, the operation of a concrete products plant, or the manufacture in any form of concrete in town except in the Industrial-Office-Commercial District. Any business currently and lawfully producing concrete prior to the law being passed would have two years to cease its business, according to the proposal.

The law was introduced a little more than two months after a controversial ruling made by the town Zoning Board of Appeals allowed a concrete mixing plant, Titan Concrete, to operate along Route 52, leading to an uproar from residents in surrounding neighborhoods and Article 78 lawsuits challenging the ZBA decision.

Denbaum, who has been a stark critic of the concrete mixing plant and ZBA ruling, said the law is to safeguard the health and safety of residents in town. A concrete mixing plant could also cause harm to the environment and lower residents’ quality of life, he said.

“I believe it would benefit the town, the residents of the town and I hope I have the town board’s support on this,” Denbaum said of the law.

Councilmembers seemed receptive to Denbaum’s proposal.

Councilman Scott Chin said he thought it was a great idea and the law could possibly include other types of business that could harm the environment.

“Let’s be proactive here,” Chin said. “This is a starting step.”

Supervisor Maureen Fleming said she would abstain from any vote concerning the concrete producing law because her neighborhood organization, Hill and Dale, is suing the town over the ZBA ruling connected to the concrete mixing plant. She said town legal counsel has advised her to abstain.

When one resident asked why a business would have two years to leave the town, Denbaum said he drafted the law so it could stand up to any legal challenge it might face. A public hearing on the proposed concrete law will be held on Oct. 10.

During the meeting, the resignation of the entire ZBA also came up. The town board officially accepted their resignations leaving the board in need of five new members. ZBA members all stepped down on Sep. 9 after they were irked by the town board’s actions in response to its ruling that the concrete plant parcel was a use-variance rather than an area-variance. Because it was ruled a use-variance, the concrete plant could become operational.

Fleming said while the decision upset many residents, she doesn’t believe ZBA members acted with malice and they were volunteers that put many hours into town work. A few residents shot back that the ZBA didn’t seem concerned with residents’ comments and were arrogant during meetings leading up to the concrete plant ruling.

One resident complained that the former ZBA chairman Bob Rogers held a fundraiser for a Democratic candidate for town board, Stephen Papas. Papas and Democrat Jason Makely are running against Republican incumbents Denbaum and Bill Huestis. Fleming, a Democrat, is facing Republican challenger Patricia Madigan.

Fleming said residents that serve on boards in town are allowed to have political leaning and political affiliations. She called the criticism of a fundraiser held by Rogers “misplaced.”

“In this country you’re allowed to have your politics and serve on boards,” Fleming said. “I don’t think that now we’re going to start rooting people out because of what (political) party they belong to. I think that’s just a dangerous line to follow.”

David Propper