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Here you will find resolutions and other Govenment correspodences.

Special Meeting Agenda September 25, 2007

Town of Cheektowaga Page 3 Printed 9/27/2007

2. RESOLUTION 2007-551

Request Party Status At Adjudicatory Hearing Relating to

Buffalo Crushed Stone

Sponsored By:
Councilmember Johnson Jr., Councilmember Zydel

WHEREAS, Buffalo Crushed Stone, Inc. owns and operates a stone quarry at 500 Como

Park Boulevard in the Town of Cheektowaga, and

WHEREAS, Buffalo Crushed Stone, Inc. has applied to the New York State Department

of Environmental Conservation for modify its Mined Land Reclamation Permit in order to allow it

to mine 40± acres of land between the east and west basins of its quarry, and

WHEREAS, a pre-adjudicatory issues conference on this application will be held on

October 16, 2007, and

WHEREAS, anyone wishing to participate at the adjudicatory hearing must request party

status by filing a written petition requesting party status; in order to be afforded party status, a

petitioner must demonstrate that a substantive and significant issue exists concerning the

proposed permit, and

WHEREAS, the Town of Cheektowaga believes that the following substantive and

significant issues exists concerning the aforementioned proposed permit:

- Air pollution

- Effects of blasting

- Property damage caused by blasting

- Appeal of NYS Supreme Court decision (Buffalo Crushed Stone, Inc. v. Town of

Cheektowaga) to Appellate Division

- Traffic concerns

- Conflict with Town of Cheektowaga Zoning law


RESOLVED, that, based on the above referenced and other environmental issues

relating to the presence and operation of this quarry in a residential area, the Town of

Cheektowaga hereby requests party status for the aforementioned adjudicatory hearing, and BE


RESOLVED, that the Town Attorney be and hereby is directed to notify the New York

State Department of Environmental Conservation of our request for party status.

Buffalo Crushed stone