Positive Declaration Issued

Last night, the Town of Hamburg issued a positive SEQR declaration in regards to AL Asphalt’s proposed hot mix asphalt facility at 5690 Camp Road in the Town of Hamburg, NY.

This decision does not prevent the plant from happening on its own, but it does add many hurdles for the applicant in completing a wide scale environmental review, largely funded by the applicant themselves and any participant investors. The process will likely take a minimum of several months and could take over a year.

The Town of Hamburg accurately stated that:

  1. The proposed action, although zoned correctly, may not meet the additional requirements listed in the M-3 district at the Camp road Overlay district, and is not in accordance with the Town’s Comprehensive Plan.
  2. The development of an asphalt plant at this site will potentially adversely impact the surrounding area with noise, odors and pollution, especially those sensitive receptors in the area; nursing home, day care, doctor’s office and homes.
  3. The proposed project has a potential to have a significant adverse impact on the character and quality of the existing area and neighborhood (including the Village of Hamburg) due to activities that would occur on the site.

Due to this, the applicant will now need to prove that their facility will meet the additional requirements listed in the M-3 district zoning, that their facility will be in accordance with the Town’s Comprehensive Plan, and that all concerns about noise, odor, pollution and character and quality of the existing area will be resolved. This will be a very high bar to clear, but the applicant appears to be proceeding with an attempt to clear this bar.

It is worth noting that many issued SEQR decisions in our county are negative and that the feedback and input from the public helped create a case for this positive declaration. Community involvement has played a huge role in this first victory and we want to thank everyone who has taken their time to research code, attend meeting and tell their neighbors.

Next on the docket is the November 14th hearing at the Erie County Supreme Court in regards to the Article 78 filing by the applicant, attempting to state that the Town is not properly classifying the SEQR action. We will do our best to keep everyone informed of any updates in that case.

3 thoughts on “Positive Declaration Issued”

  1. I hope the Town’s exhaustive environmental review looks at recents reports and ovservations that the current cement plant has open piles of toxic cement components, that get whipped up by winds. They can test the pecular black dust that settles on our window shades and screens at the Sunset Court apartment complex ….

    1. Mark,

      Did you know that you can report an environmental issue online to the NYSDEC? They actually have a track record of showing up and investigating, believe it or not! For an existing facility, like the concrete plant, this is actually the angle to take instead of taking it up with the Town Board as NYS law prevents the Town from taking action once a facility has been either approved or if it is grandfathered.

      https://www.dec.ny.gov/regulations/67751.html

      Hopefully this helps.

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