Judge upholds permit for mine

LOWVILLE — A judge has upheld the town and village Planning Board's decision to permit a planned limestone mine just north of the village.

State Supreme Court Judge Joseph D. McGuire, in a decision filed Wednesday in the Lewis County clerk's office, dismissed a suit by neighbors seeking nullification of the board's Feb. 4 decision granting a special use permit to MJL Crushing to put a 26-acre mine on a 33.8-acre parcel across Route 26 from the county transfer site in the town of Lowville.

In fact, given its limited regulatory role, the board "arguably undertook a more comprehensive review than was necessary," Judge McGuire wrote.

Michael J. Lyndaker, owner of MJL, initially submitted plans for the proposed mine in fall 2006. Following an extensive yearlong review that included several public hearings and periods for public comment, the state Department of Environmental Conservation in December approved the mine project. DEC also will regulate the mine, but special permit approval by the local board was required for the project to move forward.

After neighbors unsuccessfully lobbied against the project with DEC and the town and village Planning Board, the suit was filed in March by Marietta attorney Scott F. Canfield. Petitioners were Daniel Beyer and Daniel O'Brien, both of whom operate farms near the site, and an unincorporated group, Residents Involved in Community Action, which the suit claims has about 150 members.

While local governments may prohibit mining in specific zones, most other local regulations are superseded by the state Mined Land Reclamation Law, Judge McGuire said.

"Accordingly, the Board's role here — where mining in the location of MJL's proposed quarry is a use allowed by special use permit — was limited to imposing conditions on the special use permit within the scope delineated by the MLRL," he wrote.

Judge McGuire denied claims by petitioners that the town and village Planning Board failed to properly refer the project to the Lewis County Planning Board, provide notice of public hearings or evaluate impact on farms and "improperly deferred to the expertise of DEC in concluding the proposed use was permissible under the Town's code."

Lowville Town Attorney Raymond A. Meier and New Hartford attorney Thomas P. Hughes, representing MJL, handled defense of the case.