After lots of hard work over many days, the Town of Marshall Zoning Board of Appeals has decided there was no special use permit issued to Eric Schachtler of Schachtler Stone Products in March 2013.
In their statement released, the ZBA said it completed an exhaustive and extensive review of past minutes, town laws, Town zoning ordinances, and the Town Comprehensive Plan. The Board also took into consideration comments made at the Public Hearing Sept. 22 before coming to this conclusion.
Copies of the resolution, which was read aloud by Chair Maryanne Marsh, will be sent to Michael Foley, lawyer for Schachtler; Vincent Rossi, lawyer for the Town of Marshall; Eric Schachtler, and Marshall Codes Enforcement Officer Dan Ford.
The matter came about when Schachtler disputed a Notice of Violation issued by Ford April 9 and a Stop Work Order issued April 11 on the quarry on Shanley Road. Schachtler challenged both documents.
The mine is in an agricultural zone, which is the reason an SUP was necessary.
The present ZBA questioned the validity of the supposed SUP supplied by the ZBA in March 2013 for several reasons. The most important reason was the fact that, although the ZBA put conditions on an issuance of an SUP, none of those conditions was met, other than a State Environmental Quality Review document, in spite of repeated requests.
The SUP was declared null and void, and given the fact that the DEC requires an SUP from the Town before a mining permit can be granted, the future of the mining operation is uncertain.
The ZBA, when granting an SUP, must determine if the project in question endangers the stability of adjacent land and structures, and jeopardizes …