Neighbors speak on Kent Hollow Mine settlement at town board

AMENIA — Residents opposed to the court settlement in the Kent Hollow Mine case were given time at the regular meeting of the Town Board on Thursday, May 15, to air their views in the presence of the town’s Special Counsel who served during the years of litigation that began in 2017.

The public comment segment on the regular agenda provided the opportunity for neighboring and area residents to speak about their concerns to the town board. Special Counsel George Lithco was given the option of responding to the public comments at the end.

The atmosphere was respectful, with each speaker given a time limit of two minutes to present views. Most adhered to the time limit or ended close to it.

Comments were varied in subject matter, although many speakers were concerned about environmental impact represented by gravel mining operations particularly when the mine stands within the Webutuck Agricultural Valley Historic District, a designation approved in September of 2024.

Of concern to some residents was the timing of the April meetings when resolutions were signed, bringing an end to the years-long litigation between the town, Zoning Board of Appeals, and the mine principals.

Another resident asked that the Town Board reconsider the signed resolutions, feeling that the mine operations may endanger public water quality and trout habitat, fearing contamination by heavy metals.

Later in the meeting, Lithco said the Town Board and the ZBA, in signing the resolutions, were taking the necessary step of accepting a determination by the courts that had been negotiated by the parties.

Reduced home values brought on by the presence of a mine and traffic volume and safety were of concern to others.
“We’ve always preferred farms to gravel mines,” said one 30-year resident.

Characterizing the views expressed as “a broad and diverse collection,” Lithco acknowledged that there was probably much to agree with. However, he reiterated that the town was accepting the courts’ determination during their April signing.

“We’ve heard from two courts about the case,” Lithco said, referring to decisions from the Dutchess County Supreme Court and the Southern District of New York.

“There has been a determination that Kent Hollow operates under a non-conforming use and it can continue operations under New York State law that holds that a mine is a resource,” Lithco said. He pointed out, additionally, that gravel operations ebb and flow, and so do mining activities.

“The land will be reclaimed,” Lithco said, in alignment with the details of the settlement as but one of the concessions agreed to by Kent Hollow Mine. Other controls include hours of operation and days of the week when mining can occur, limits on volume of materials and acreage that can be disturbed at any one time.

Residents will still have opportunity to speak at upcoming meetings during the Kent Hollow mining permit process of the New York State Department of Environmental Conservation, Lithco noted.

“DEC has the obligation to take residents’ comments into account,” Lithco added, noting that the DEC permit process will probably begin in about six months.