By RICK MILLER
Olean Star
ALLEGANY — The Allegany Zoning Board voted on Monday not to close a hearing on a request for a variance to construct a gravel pit closer to homes than permitted by town law.
Don Benson, owner of Benson Construction Co., has proposed a gravel mine on a 71.4-acre site between South Nine Mile Road and the New York State rest area off the westbound lanes of Interstate 86 in Allegany.
Town law requires a 500-foot setback between a gravel pit and a residence.
Benson is asking for a waiver from the town zoning board to allow the gravel pit to be only 100 feet away from a residence. At the rear of the property, Benson is asking for a waiver for an 8-foot berm to be 25 feet from the state property. Current law calls for a 100-foot buffer.
The closest house would be 337 feet from a berm. Others would be between 350 and 400 feet from a berm. The land is presently agricultural land. Benson plans to strip the topsoil for use as a berm to screen the gravel pit operation from area residents. Soil would also be stockpiled at the front of the property near South Nine Mile Road.
The gravel pit would be developed in four stages, with the first three stopping about five feet above groundwater.
Benson said the 500-foot setback means he can’t mine about 40% of the site.
Zoning Board Chairman John Jones said Monday’s hearing was a continuation of the one that started at the board’s April 21 meeting and was intended for those who had not previously spoken.
The board is focused on the narrow question of whether to grant a waiver to the 500-foot buffer, not whether mining shall take place at the site, Jones told those who crowded into the town board’s meeting room. He indicated he expected there would be changes in the request.
Questions of noise, dust and other issues will be taken up by the Town of Allegany Planning Board. It must also be approved by the state Department of Environmental Conservation.
Attorney Henry Zomerfeld of Hodson Russ, engineer Jake AIianello and Benson explained the gravel pit project. Zomerfeld said they were open to discussing mitigation measures. Alianello said Benson would like to maintain the 100-foot buffer on the front and sides, and 25-feet on the backside.
Town Attorney Peter Sorgi noted the zoning board needed to weigh the benefits of the waiver to the applicant versus the impact to the community. The board can grant a variance with a larger buffer than requested or reject all or part of the waivers requested by Benson.
Benson said he needs town approval of the gravel pit project before going back to the DEC for their approval on the environmental determination.
One South Nine Mile Road resident said she was concerned about dust blowing from the gravel pit and the safety of her children if it were only 100 feet from her home. “There are at least two bald eagles on the property, she added.
Barb Preston, another South Nine Mile Road resident, said she was concerned about the impact on her water well. She wished the land could be kept agricultural.
Another woman who said the 100-foot buffer would result in dust blowing onto her property and noise pollution from trucks and machinery that will negatively impact her family’s quality of life and reduce the value of their property. She said she also had safety concerns and urged the board to deny the variance.
Another woman noted that more than 430 people had signed a petition on Change.org. Opposing the gravel pit.
Ray McKinney of Klice Crossroad, said an 8-foot berm was unlikely to stop noise from the gravel pit.
The board will resume the hearing on June 16 at 5 p.m. In the meantime, the maps along with the application for the variance will be available at the Town Hall.
After the meeting, Barb Questa of South Nine Mile Road said she and others wanted the board to reject the variance and require the developer to come no closer than 500 feet.
“If you allow this, it sets a precedent,” Questa said. “This is my home.”
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