Gravel mine approved

Cochecton Planning board follows lawyer’s advice

By FRITZ MAYER

TOWN OF COCHECTON, NY — Lawyers for the planning board and the landowner prevailed in their attempt to convince planning board members that the mine proposed for Route 97 in the Town of Cochecton was not illegal.

At a meeting of the planning board on January 29, there was a brief debate about whether the board should listen to more public comments. The public hearing on the matter had been closed since November 20, 2008.

Dominic Cordisco, a lawyer who represents Little Joseph Realty, which is seeking to open the mine, argued that the lawyer for the Winglovitz family, John Cappello, should not be allowed to speak because there had been plenty of opportunity to do so, and Cappello was submitting information at the last minute. The board, however, let Cappello have his say.

Cappello told the board that they could not ignore the local law that calls for a mine setback of 500 feet from any residence. He said that the way to address the fact that the law clashed with state law was for the planning board to ask the town board to change the local law. Cappello argued that the planning board’s job was to enforce the law as it was.

After he spoke, however, Ira Cohen, the lawyer representing the planning board, said that in this matter the planning board was obligated to follow state law. When it comes to most matters regulating mines, state law supercedes local law. Cohen said the language specifically refers to setbacks. The New York Department of Environmental Conservation, which issued a permit for the mine to operate in July 2008, required a setback of 250 feet.

On another matter, Ross Winglovitz produced a map, which he said showed that the slope of the land where the mine is to be sited is too steep to be used for mining under current regulations. An engineer working for the town had earlier determined that the slope was not too steep.

Winglovitz and his lawyer also said there were procedural problems with the notices regarding public hearings and other matters. They were the only two among the handful of residents at the meeting who chose to speak.

Before voting, planning board member Earl Bertsch said, “I’m not a lawyer, and I’m not an engineer.” Therefore, he said, he had to rely on the advice of the professionals advising the board on how to vote. After having the matter of the mine before them for two years, board members finally voted five to one in favor of allowing the project to go forward.

The mine will be located on nine acres of land on the Upper Delaware Scenic Byway on Route 97, just north of the restored Cochecton Train Station, the future site of the proposed Upper Delaware Scenic Byway Visitors Center, and directly across from a house owned by Craig Winglovitz.

The planning board chairperson, Sharron Cardone, previously said that under current law, the board had no other choice than to approve the plan. Cohen said that if the board had denied the application, Little Joseph could have brought an Article 78 hearing against the board.

Asked if the matter would further be pursued in the court, Ross Winglovitz said that would be for his brother to decide.