Lawsuit wants Chazy mine permit modified PDF Print E-mail
Written by SUZANNE MOORE, Staff Writer   
Wednesday, April 11, 2007

CHAZY — Willi Kalvaitis wants the court to overturn the Chazy Planning Board decision he says is holding up his limestone-mine project off Fiske Road.
Article 78 paperwork filed with Clinton County claims the conditional-use permit granted in November 2007 "modifies and places further restrictions" on the mining permit issued earlier to Kalvaitis by the State Department of Environmental Conservation.
Kalvaitis wants three of seven conditions overturned for that reason, including item 1, which, under the town permit, limits the project to an initial phase and item 3, which requires flashing lights on signs warning of the truck entrance on the roadway.
The DEC permit specifies signs but does not require lights.
Based on a letter from Clinton County Highway Superintendent Al Rascoe that indicated signs with flashing lights aren't merited, Kalvaitis said in the court documents, "I am unable to comply with item 3."
He also maintains installation and maintenance of flashing lights is "inadmissible as per Town of Chazy Zoning Law."
That section of the law says moving, flashing, blinking or animated signs are prohibited.
Item 6 says Kalvaitis must, before the initial blasting, offer assessment of structures and wells within 3,000 feet of the mine site. That's 500 feet beyond the distance set by the DEC permit, and the lawsuit maintains the town cannot extend that distance.
As well, Kalvaitis claims the Planning Board failed to act upon his application within the 45 days set by the Zoning Law.
That section of law says the Planning Board must approve, approve with modifications, disapprove or hold a public hearing on an application "no later than 45 calendar days after the receipt of a complete application."
Kalvaitis filed the Article 78 at the end of March, following a Planning Board discussion on his objections that he said made no headway.
In an earlier interview, Planning Board Chairman Tom Dashnaw said the board met every time line and that delays ensued because Kalvaitis's application was incomplete.
Kalvaitis says in the court documents that he was never notified that was so.
Due to the litigation, Dashnaw said he couldn't comment on the issue. But William Favreau, attorney for the town, said the Planning Board will be responding to the petition, which sets a court date of 9:30 a.m. May 11 in Supreme Court in Clinton County.
"The conditions imposed by the Planning Board, we feel, were reasonable under the conditions and were generated for public-safety concerns," Favreau said.



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