Marshall ZBA Conducts Mining Hearing

September 29, 2020

After a lengthy hearing last week, the Marshall Zoning Board of Appeals has until late October to decide on a mining operation on Shanley Road.

 

About 25 people attended the hearing at the Marshall Highway Department barn, with chairs spaced far apart and facemasks worn. The hearing, originally scheduled for the spring, had to be postponed until Covid-19 regulations could be followed.

 

At issue is whether the Town of Marshall, through actions by Codes Enforcement Office Dan Ford, could give Eric Schachtler a Stop Work Order for mining on his property on Shanley Road. Schachtler appealed the order, which set in place the hearing.

 

Because attorneys for both sides can add remarks in answer to what was said, the ZBA will close the hearing as of Sept. 29 and then begin its review of facts submitted. They were given a deadline of 30 days in Oneida County Supreme Court by Justice Bernadette Clark.

 

Last week’s ZBA hearing was conducted by three of the five members, as two members have recused themselves for conflict of interest.

 

Schachtler’s legal representative reviewed his client’s steps since 2013 to establish a mine on his property. Schachtler had filed paperwork with the state Department of Environmental Conservation in the belief the ZBA seven years ago had given him a Special Use Permit for the mine, it was argued.

 

Schachtler’s attorney said Ford was wrong to issue a Stop Work Order based on no SUP given, because there is one. Also, they said Ford had a conflict in the matter because he has publicly said he opposes the mining operation as a nearby...

 

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