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After three separate meetings with the Town of Pomfret Zoning Board of Appeals, Steve St. George was still without a permit for a concrete and asphalt recycling yard to be allowed at a property he owns in the town.
St. George sought a special use permit to establish a concrete and asphalt recycling yard at 3624 Webster Road, Fredonia. This property, formerly used for grape vineyards, is listed on the tax map as SBL:131.00-1-51.2. The property is zoned Agricultural/Residential (AR1).
St. George operates S. St. George Enterprises, a construction company that often works with roadways in the region. St. George is seeking a permit to recycle the materials from his company on site. St. George Enterprises operates six days a week, with Saturday hours limited 8 a.m. to noon. Operations are scaled back during the winter.
Initially, a building permit at the site was denied because the use was not defined under the zoning code's acceptable uses. That meant a special use permit was necessary for the project to proceed. The Zoning Board is required to evaluate the project under the State Environmental Quality Review Act guidelines.
Five members of the Board attended the recent meeting, with alternate Jonathan Townsend sitting in for Ruth Eckstrom. Code Enforcement Officer Warren Kelly was also in attendance.
After public opposition of the project in September from roughly a dozen guests, including seven members of the public that spoke on the matter, St. George sat alone in the audience at the latest meeting.
In September, residents shared concerns with noise, dust, well water contamination, hours of operation, and lighting. The Board also highlighted concerns with environmental impacts.
St. George stated he is following Department of Environmental Conservation (DEC) regulations, and the site has been inspected by the State. He stated that prior to recycling, the concrete and asphalt is "no different" than any other roadway. Regarding setbacks, St. George stated the operations would take place 500 to 1,000 feet from the nearest residence.
St. George stated that, if approved, the concrete and asphalt recycling would only happen once enough material is collected to make it worth the time and effort. He hopes that will amount to 10-15 days a year, at least initially.
At the recent meeting, Board Chairman David Fridmann asked St. George how loud the processing gets. St. George responded that the loudest piece of equipment is the excavator, which is about as loud as a farm tractor.
St. George also said that the equipment would be located in a heavy metal chamber and there is not much dust created by the recycling, but water trucks are on site to address excess dust if necessary. St. George stated the piles of broken asphalt and concrete will be no larger than the size of the Town Hall boardroom. St. George does not anticipate a noticeable increase in traffic if the project is approved.
WHY THE WAIT?
The current classification of the site does not allow for "mining operations", which is what the Zoning Board determined St. George's proposal falls under. Therefore, St. George needs a use variance, rather than a special use permit.
However, the Zoning Board feels the property is not appropriately zoned for its current use. Rather than being zoned as a rural residential property, the Board feels the site should be zoned as Employment Center (EC).
The Pomfret Town Board intends to change the property's zoning classification from Rural Residential (RR) to Employment Center (EC) due to the mislabeling of the parcel highlighted by the permit process. Before doing so, the Chautauqua County Department of Planning and Development must weigh in.
Before the recent meeting, the Zoning Board received a response from the Chautauqua County Department of Planning and Development, which defined the proposal as "a matter of local concern", rather than of the County as a whole. Three informal comments were also attached to the response.
Once the County weighs in again, St. George's property will likely be permitted for "mining operations", such as concrete and asphalt recycling. Another public hearing will be scheduled on the matter.
Once the Board makes a final decision, the applicant is notified and the decision is posted on the town's website. Residents would not be otherwise notified.