BALLSTON, N.Y.>> The State Supreme Court dismissed a lawsuit by neighbors in the town of Ballston seeking to annul the construction of a Dolomite Products Co. plant on July 2.
The company plans to move forward with the construction of an asphalt plant that has been discussed for the last six years. Dolomite first submitted its application in 2011, where at the time asphalt plants were allowed in the Curtis Industrial Park under town zoning. The application was still under review when two years later the town enacted a local law expressly prohibiting asphalt plants.
The company needed site plan approval, which was approved in 2016. The neighbors then sued and the court recently decided to uphold the site plan decision.
The Saratogian reported in 2014 that Dolomite first applied for approval to construct a hot-mix asphalt plant in the Curtis Industrial Park on Route 67 in 2011, sparking significant opposition from residents and board members. The controversy later lead to the decision to prohibit heavy industry in the industrial park, a decision some considered “spot-zoning” to specifically ban the company, though town board members said it wasn’t targeted at any applicant in particular.
Representatives for Dolomite have ensured to residents that the environmental impact of the plant would be minimal as it would operate only half the year. But residents have disagreed, expressing concern about traffic, odors, debris and other issues.
“We’re very happy with the decisions. I think this is five lawsuits now where we have unfortunately had to go…
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