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Letters to the Editor
Taxpayer Association takes exception to Cheektowaga Supervisor’s declaration on Buffalo Crushed Stone
By Depew/Cheektowaga Taxpayers Association
Oct 29, 2007, 10:18
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In the October 25, 2007 issue of the Cheektowaga Bee, front page, Cheektowaga Town Supervisor James J. Jankowiak angered many community homeowners and especially the Depew/Cheektowaga Taxpayers Association by stating that he is willing to enter negotiations with Buffalo Crushed Stone.
Negotiate what? The town was involved in a lawsuit against Buffalo Crushed Stone (BCS) and received a favorable determination. The lawsuit spells out the areas that BCS can mine on.
NYS Supreme Court Justice Joseph Glownia denied mining the north section of the Isthmus to BCS in his ruling of December of 2006.
BCS is appealing the decision. Meanwhile Buffalo Crushed Stone is asking the NYS Department of Environmental Conservation (DEC) to give them permission to mine the Isthmus of the present quarry and has filed a Draft Environmental Impact Statement (DEIS) regarding it.
Our Supervisor in his wisdom is saying that if BCS wins the permit from the DEC, he is willing to negotiate a deal. For years, BCS has been asking the town, with the blessings of former Assemblyman Paul Tokasz, to close Indian Rd. to vehicular traffic and give BCS the road.
That would clearly indicate that our Supervisor has overturned the judge’s decision. It also implies that he will not appeal or abide any decision that the Appeals Court would make.
In so many words, he is telling us, “Constituents, you elected me to make decisions for you, even if it means that your health, welfare, the blasting impacts on your homes, noise and air pollution exist, but the moving forward of this operation outweighs said impacts.”
However, the truth be told, he was appointed not elected. He has decided not to run for re-election. He already has bought property in Elma and is waiting to locate there as soon as his term is finished. Could these be the reasons behind his decision-making process and conduct? What a comment for an official to make.
The Depew/Cheektowaga Taxpayers Association filed an intervention to be able to appeal in the event the town did not do so. Now Supervisor Jankowiak is telling us that if the DEC rules in favor of the quarry, he will settle this out of court.
This is a lame brain scheme to keep this quarry operating for generations to come. All this quarry pays in taxes to Cheektowaga is a paltry $30,000 per year. And yet, he cares more about the money than he does his constituents.
It is most likely that the DEC will approve this permit. BCS will mine in the center of the quarry at road level. Their DEIS uses studies that were conducted 20 years ago. We must disprove their studies using our volunteer consultants, as we do not have the funds to hire outside experts.
We managed to get an extension until November 9, but after that it's all out war with Jankowiak and his cronies.
Their traffic studies date back to 1997, yet newer studies were performed by the GBNRTC in 2004.
There are errors and inconsistencies in BCS’ Draft Environmental Impact Study. They have 3 asphalt plants located on site and we recently learned that they had never received required permits for that operation
Supervisor Jankowiak has been trying to give away Indian Road, a north-south route that often acts as a relief route in the event of railroad accidents and other emergency situations that happen to occur.
We have stood firm that we want Indian Road open to the public and that it should not be turned over to BCS for its quarry expansion plans.
The mining rights on this roadway are worth millions to the taxpayers of Cheektowaga. BCS is appealing Justice Glownia’s ruling (based on the Weiss Case) and a determination that BCS cannot cross Indian Road.
Despite the court’s ruling, Supervisor Jankowiak declares he will use his wisdom to settle this matter himself. Not as long as we have any say in the matter!
Depew/Cheektowaga Taxpayers Association
Madeline DiRienzo, Corresponding Secretary
© Copyright 2008 by Speakupwny.com
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