Kent Town Board to Vote on Mining Moratorium
By Abby Luby
Kent residents showed strong support for the town’s proposed temporary mining moratorium during a Feb. 18 Town Board meeting, when the first of two public hearings was held.
Mining in the town has been going on for decades, but residents became especially provoked when Kent Country Square LLC proposed building a truck stop – along with a hotel and conference center – on a 137-acre parcel near Ludingtonville Road on Route 52. The project would have entailed blasting 54 acres of rock and mining down 180 feet; the truck stop portion of the development has been withdrawn.
Town Board members have drafted a temporary moratorium that would pause any excavation of sand, gravel, topsoil, rock or other natural material. Supervisor Maureen Fleming said the town code doesn’t specifically address mining and that a moratorium would give the town time to consult with zoning and planning experts.
“This would be a six-month moratorium, which could be renewed for an additional six months if we are unable to come up with a code section that is appropriate,” she said.
Kent resident Louis Epstein suggested the town differentiate between commercial mining and a resident who wants to put in a swimming pool. “Scale is what we need to be regulated,” he said. “Beyond that we shouldn’t be stepping on potential for mineral rights and values, but make the town a better place for what we are doing.”
Mining land in Kent has yielded many adverse impacts over the years, according to Maureen Galway-Perotti.
“Without the proper regulations in place, our town is at the mercy of all corporations that seek to exploit our natural resources and pollute our environment,” she said. “I urge the Town Board to pass and make use of the moratorium as the tool of choice.”
Developers apply for mining permits only from the New York State Department of Environmental Conservation, in effect creating a regulatory override of most towns. While the proposed moratorium is in effect, the town’s goal would be to adopt zoning and land use regulations for local mining.
William Volckmann, chairman of the Town of Kent Conservation and Advisory Committee, shared his discussion with DEC Section Chief of Mining Chris McKelvey.
“The DEC cannot make recommendations on municipal land ordinances because that would conflict with their purpose, which is to regulate mining activity,” said Volckmann. “The town cannot regulate the mining activity, but the town can regulate the land use of mining and how it fits in with the characteristics of the town.”
Reading a letter of support from Carmel-Kent Chamber of Commerce President Henry Boyd was chamber board member Kathy Doherty. In his letter, Boyd suggested land use experts, the town planner and concerned citizens revise the town code “to reflect more accurately the amount of rock and soil removal necessary for responsible development in the Town of Kent.”
“The DEC’s application for mining is very one-sided,” added resident John Neff. “But the DEC application does have a space asking if there is a town code about mining. If the DEC is concerned about local laws and mining, they will look at that law and you’ll want to have a good one.”
Galway-Perotti sited the DEC threshold for a mining permit as a guide for the moratorium. “The threshold is greater than 750 cubic yards, or 1,000 tons, to be removed within 12 months,” she said.
Bill Arm of Lake Carmel asked what would happen after the proposed six-month moratorium is over. “What reason do the people of this town have to believe that developers may show up on day 181 (one day after a six-month moratorium is over) with their plan to go forward?” he asked.
Councilman Christopher Ruthven told Arm, “If we are not ready on day 181, we would renew and extend the moratorium.”
Arm seemed skeptical that Kent Country Square LLC would be deterred from moving forward. “They already have what they need to start mining,” he said. “They’ve already invested too much time and money in it to just let it all slide.”
Councilman Paul Denbaum said he is concerned about exceptions for residential situations and suggested adding one sentence to the draft moratorium allowing a certain amount of soil removal specific to residential purposes.
The revised moratorium can be viewed in the town clerk’s office.
Another public hearing is scheduled Tuesday, March 3 at 7 p.m. at Town Hall. Comments are also being accepted in writing or via email. A vote on the temporary mining moratorium is expected at the March 3 meeting.
