Livingston Neighbors

Ladies & Gentlemen:

I am speaking on behalf of residents of Clermont, Livingston, and Milan who have concerns regarding Red Wing Properties, Inc.’s efforts to modify its DEC permit to enable it to import raw sand and gravel and to process this imported material at the Roe Jan Mine whose processing plant is in Clermont.   The plant is within the sensitive Roe Jan Corridor zoning district.  Red Wing’s DEC application seeks approval to import up to 15,000 cubic yard per month.  

As you may know, Clermont’s Zoning Regulations permit mining in the Roe Jan Corridor only with a special use permit. The Red Wing mine apparently pre-dated Clermont’s current zoning code, and never received a Clermont special use permit.  Accordingly, this mine is today a non–conforming use in our Town.

It is an accepted principle in towns’ zoning regulations that non-conforming uses shouldend and/or eventually become conforming.  Towns actively encourage this non-conforming to conforming progression.  If Red Wing were to be permitted to import sand and gravel their non-conforming use could go on without end. Residents affected by the mine’s noise, traffic, and dust have waited almost 20 years since Red Wing purchased the property for the mine to reach its normal end; that is, when the mine is exhausted, the property should be reclaimed and become a conforming use.  Red Wing’s permit application acknowledges that there will be a substantial increase in traffic above current levels. 

The mine is nearing its end of life.  There is a difference between processing one’s own material from a mine until it is exhausted and essentially creating a new business importing and processing sand and gravel.  Therefore we believe this is a change of use that requires Red Wing to apply for a special use permit from the Town of Clermont.

We ask the planning board of Clermont to promptly and officially notify Red Wing and DEC Region 3 that a special use permit is required, as DEC won’t normally approve a permit modification that may be contrary to local zoning codes.  This would give ourtown the time to thoroughly consider the impact of Red Wing’s plans on Clermont.  

Red Wing’s proposed permit modification documentation claims that its application is “consistent with the adopted comprehensive plan” and “permitted under the zoning regulations”.  We believe this to be untrue.

I would like to highlight sections of the town’s zoning law that are relevant to this issue.

Let’s begin with the most important section of the zoning law:

1.4 – PURPOSES This law is enacted to protect and promote the health, safety, general welfare, comfort, convenience, economy and aesthetics of the Town of Clermont for the following purposes: 

B. To conserve the natural and cultural resources and the rural character of the Town by encouraging development in the most appropriate locations and by strictly limiting building and land use in areas where it would conflict with the Town’s character, pattern and scale of settlement; 

C. To minimize negative environmental impacts of development, especially in visually and environmentally sensitive areas such as the Roe Jan Kill corridor, the Hudson River shoreline and other stream corridors, scenic view sheds, steep slopes, erodible soils, wetlands, floodplains, ground and surface water supplies, and active farmlands; 

E. To encourage the most appropriate use of land and buildings in the community in order to enhance the pride in and value of property; 

H. To protect residences, businesses and public places from nuisances, odors, noise, pollution, and other unsightly, obtrusive, and offensive land uses and activities;

I. To locate buildings and land uses in a manner that is convenient to residents and visitors, and provides freedom for landowners to make economic use of their land, provided that such uses are not harmful to neighboring properties or the environment [or the economy];

3.15 Roe Jan Corridor (RJC) ( and I quote):

This area has been designed to protect one of Clermont’s greatest natural resources. This district runs the length of the Roe Jan Kill within the boundaries of the Town and extends five hundred feet from each of this stream’s banks. It is limited primarily to single-family residential building and certain commercial uses only when complimentary to the unique resource values of this special district. 

It can be safely said that mining, perhaps the most disruptive and destructive of land uses, is as far from complimentary to the resource value of the Roe Jan as is possible.

Now that the Roe Jan mine is running out of material to process Clermont should be striving to bring this site back into line with the goals of its Zoning Law! 

Commercial uses which compliment the Roe Jan and its corridor would be uses which do not involve scarring the land and creating overwhelming heavy truck traffic, noise and dust.  Businesses that cater to fishermen, kayakers, hikers and other recreational uses of the Roe Jan Kill and its corridor, or other types of commercial uses that might draw tourists or visitors to this most valuable part of Clermont would be complimentary commercial uses.

Otherwise, Clermont’s Roe Jan Corridor purpose statement envisions predominantly single-family residential uses. And the Red Wing property could readily be made suitable to this use. 

Now, turning to the first provision of our Town’s Zoning Regulations’ section regarding Special Permits:

For every such special permit use, the Zoning Board of Appeals shall determine that:Such a use will be in harmony with the surrounding and adjacent neighborhoods andpromote the general purposes and intent of this Local Law as stated in Article I. 

It is hard to see how an industrial scale gravel processing plant, with all of its noise, dust and 80+ eighteen wheel tractor trailer loads a day can be in harmony with the surrounding neighborhoods and would promote the general purposes and intent of our Town’s Law!

So, how does the Town Of Clermont address Mining in its zoning regulations?

4.14.11 – MINING, REMOVAL AND FILLING OF LANDS 

The use of land for excavation, removal, filling or depositing of any type of earth material, topsoil, gravel or rock (as allowed by Part 360 of DEC Regulations) is hereby only allowed by a special permit within the designated districts. The special permit shall be issued by the Zoning Board of Appeals upon prior review by the Planning Board. 1. 

2. No such permit shall be issued except upon written application therefore to the Zoning Board of Appeals and until after a public hearing by the Zoning Board of Appeals on such application.

Our town’s current regulations and laws are modern, well thought out, and deliberate.

Red Wing should be required to apply for a special permit.  This would give the town the time to consider the impact of industrial scale mining within the Roe Jan Corridor and on the town of Clermont as a whole.

Thank you for your time and consideration.

Charles R.

I took this photo this morning.

The children in the Twin Lakes community were waiting for their school bus this morning.  This tractor trailer was traveling so fast on this narrow country road.  Having an additional 80 tractor trailers  on this road is extremely dangerous.

Keep fighting !

You have my support- I will be sending in a donation

Thank you