Planning Board Approves Dolomite Project After Five Years

Neighbors Sue to Block Ballston Asphalt Plant

Planning Board Approves Dolomite Project After Five Years

The Town Planning Board discusses motions to accept the findings of the SEQR and site plan for the Dolomite asphalt mixing plant at Wednesday’s regular meeting. From left board chairmen Richard Doyle, board member Audeliz Matias, board member James DiPasquale, and board member John Van Vorst./ Photo by Ashley Onyon

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 plan for the site was first submitted in 2011 but was held up by local opposition and votes by the Town Board in 2013 and 2014 to prohibit heavy industry in the park.

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.

Click here to read the full Times Union article, and here for the Albany Business Review article.

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