COLLINS - There has been movement on the Vail Road special use permit finally. Gernatt Gravel Products Inc. has applied to modify a special use permit dating back from the 1970s.
"For the last couple of months we've all been working on this," Supervisor David Tessmer said.
The board has been talking about this matter for quite some time and held a public hearing last month for residents to have a chance to voice their concerns. Residents were able to file comments with the New York State Department of Conservation.
OBSERVER File Photo
Gernatt Gravel Products Inc., shown here located on Taylor Hollow Road in Collins, has applied to modify a special use permit for mining along Vail Road.
Residents showed up at the board meeting to express concerns about the modifications to the original permit. The original permit was issued in 1974 and Gernatt Gravel Products would like to modify the permit by adjusting setback distances to mine additional 12.25 acres. Residents still had concerns about the hours of operation being very early in the morning. Early morning trips are only taken as needed and only use the trucks needed, Dan Gernatt and Rich Pecnik of Gernatt Gravel said.
Other residents had questions and concerns about mining near a residential water source. According to the DEC, the water will not be affected and a seven-foot buffer between the water table and the mining floor would be enough of a buffer.
The town passed a resolution for Town Attorney James Musacchio to draft an agreement with Gernatt Gravel to include the following guidelines: The Vail Road existing setback of 250 feet be changed to 25 feet from the highway right of way on the north side and 25 feet from the utility right of way on the south side; the existing setback of 100 feet on the west boundary line on the north side of the mine be changed to 25 feet; and the 100 feet setback from the east boundary line on north side of the mine be modified to 50 feet with a limit of excavation at 100 feet. Gernatt Gravel will also be required to provide a berm and or shrubbery along the east boundary lines of both the north and south side of the gravel pit for a distance of 250 feet from the centerline of Vail Road. All other provisions from the 1974 agreement will remain and the town will hear any recommendations from the Erie County Department of Environment and Planning received before Aug. 25.
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