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
, NOW, THEREFORE, BE IT
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
IT FURTHER
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.