BALLSTON– Neighbors of a proposed asphalt plant are suing the town and the businesses behind the project in an attempt to stop the facility from being built.
The Planning Board in May approved Dolomite Product’s plan to construct a hot asphalt mixing plant in the Curtis Lumber Industrial Park on Route 67 after five years of rankling over the project. Now a group of neighboring businesses and residents are asking the state Supreme Court to nullify the ruling, according to the Albany Business Review.
Ian Murray, owner of I.M. Landscape Associates and Brookside Nursery, as well as three other neighbors – Stephen P Therrien, Melissa Lescault and Wesley Chella — are suing the board, Dolomite and the industrial park. They claim the project violates zoning codes on noise limits and air and odor emissions.
The court filings clam the board’s decision was “arbitrary and capricious” and should therefore be annulled, according to the Albany Times Union.
The Planning Board vote came six months after a state Supreme Court judge ruled the town had improperly delayed the project in order to amend its zoning laws to prohibit asphalt plants from being built.
Dolomite has said it spent more than $800,000 to win approval for the plan, which would be capable of producing 200 tons of asphalt per hour to serve parts of Saratoga County.
Murray could not be reached, but court records show he claims the plant would hurt his business and property values due to traffic, noise, pollution and dust from the facility, according to the Albany Business Review.
I.M. Landscape owns four parcels of land on Route 67 across from the Curtis Industrial Park.
“The environmental impacts will be huge,” Claudia Braymer of Caffry & Flower in Glens Falls, the claimants’ attorney, told the Times Union. “It will affect noise, traffic, community character, air and water in Ballston Lake. It will have a significant impact on the neighbors. The planning board had totally valid grounds to deny Dolomite moving forward.”
Adam Schultz, an attorney for Couch White who is representing Dolomite, told the Albany Business Review he does not believe the case will prevent Dolomite from moving forward. Preliminary work on the site has already begun, he added.
“I don’t have any level of concern that the town and state approvals will be disturbed,” he said.
Dolomite has a 20-year lease on 10 acres within the industrial park to build the plant.
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