Town of
Nassau
TS&G Application

TS&G Special Use Permit and Site Plan Application

In this area, we will consolidate all the documents related to the Troy Sand and Gravel Special Use Permit and Site Plan Application.


 

Notice from Nassau’s Town Counsel

Dated: April 20, 2012

Regarding: Troy Sand & Gravel, Co., Inc. Special Use Permit/Site Plan Application

 

Pursuant to a recent decision of the Appellate Court denying a motion to stay the review of the pending Special Use Permit and Site Plan application of Troy Sand & Gravel, Co., Inc., during the current appeal of an earlier ruling, the Town Board intends to continue with its process during a Special Meeting already called for April 26, 2012 at 6:30 p.m. at St. Mary’s Parish Hall, Church Street, Nassau.  It is expected that preliminary procedural issues (such as establishment of an escrow deposit for reimbursement of the Town's consultant costs incurred during the review process and next procedural steps) will be discussed with the Applicant at the aforesaid meeting. 

 

Please note that one step in the process is to determine whether the Application materials are sufficiently complete for purposes of referring them to the Town Planning Board and Rensselaer County Planning Department. Under the 1986 regulations, the Planning Board has the jurisdiction and authority to make a recommendation on the Special Use Permit application prior to the Town Board’s decision. The Planning Board also has site plan review and approval jurisdiction over this application. Included in the process will be one or more public hearings that will provide the public with a full and fair opportunity to be informed about and to participate in, this application process for those that are interested in this matter.

 

I will continue to keep posting updates here as we go through the process.

 

Sincerely,

 

Joseph M. Catalano, Esq.

Attorney for the Town of Nassau


 

 

Documents:
TSG-2010 submittal (PDF - 1.4 MB)

Notice:  The Appellate Division has reached a decision in the ongoing matter of Troy Sand & Gravel v Town of Nassau.  The Court has denied both TS&G's appeal as well as the Town's appeal.  TS&G's appeal sought an order to bypass the Town's special permit review process. The Town sought an order to have a reconsideration of the Rensselaer County Supreme Court decision of February 22, 2010, decision which ordered that the Town start the review of TS&G's application for mining. Please note that other aspects of this case remains in litigation.  

TSG Ruling Third Dept (PDF - 57.6 KB)
Notice:  The Supreme Court, Appellate Division, has released a decision on the Town of Nassau's appeal of the Supreme Court's ruling to void the Town's Comprehensive Plan and Zoning Law.  Please note that this case remains on appeal.  A copy of the current decision may be found here.
Supreme Court Justice Michael Lynch has released a decision on the Town of Nassau's motion to renew and/or reargue a case before the Court on the Comprehensive Plan and Zoning Law.  Please note that this case remains on appeal.  A copy of the current decision may be found here.