Photos from June 2017
Town of Schoharie Candidate Information
for 2023 Election
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Save Our Schoharie traditionally asks the candidates running for Town Supervisor and Town Council seats the following questions:
Would you please briefly explain your stance on the Town of Schoharie's continued efforts to uphold its master plan, land use laws, and community character against Cobleskill Stone?
Would you also please tell us if you support the Town continuing to fund the legal expenses to defend the town against CSP's lawsuit?
Here are the responses of the candidates to our questions:
Alan Tavenner – Schoharie Town Supervisor – Candidate for re-election as Supervisor
My position has not changed on this. I think it would have a significant impact on the character of Schoharie due to its location. Mining has its place and CSP opened and has expanded a much larger quarry, within the Town of Schoharie, across Sagendorf Corners Road, from the original quarry.
Mines are dusty, noisy and not a good neighbor for a quiet Village. As much as it hurts spending the legal fees, I see no alternative to continue the 15+ year matter and continue to pursue the endless appeals and motions. Unfortunately, this seems to have become something of a legal precedent for CSP and perhaps mining in NY. So, I think this probably won't end other than with a conclusive legal ruling.
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Bob Montione – Candidate for Town Council
I believe that the town should strongly uphold the master plan, and defend the land use law, which includes continuing to fund legal expenses to defend the Town of Schoharie against Cobleskill Stone Products’ lawsuit.
If our land use law is to be effective, we must defend the law when it is challenged by proposals for mining expansion or other inappropriate land uses.
I believe that the control of development in the town through the land use law is one of the most important functions of the town government. The comprehensive plan was written by professional land use planners based on input from the public via surveys,
public meetings, etc. It states the overall goals of how the community wants to develop. The land use law implements those goals with specific regulations of what is allowed to be built in various areas.
The Town of Schoharie is made up of people, and people thrive in a community which supports business while protecting environmental and human health. The master plan and land use law seek to provide this balance, and to preserve the unique character of the town, for all those who live here. I fully support the master plan, land use law, and the Town of Schoharie’s continued defense against CSP’s lawsuit.
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James P. Schultz – Candidate for Town Council
I served on the board for 8 years during that time we wrote the current comprehensive plan and land use law. One of the jobs of a Council person is to uphold the land use law. As far as the lawsuit, the town needs to defend the land use law that it adopted.
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Floyd Guernsey – Candidate for re-election on Town Council
I support the comprehensive plan and land use law as it now stands.
I support the Town continuing to fund the legal expenses for the CSP litigation.
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Article from the Times-Journal, July 18, 2019
SOS donates to quarry fight
7/18/2019
By Patsy Nicosia
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Save Our Schoharie upped the ante on donations to the town’s legal fight with Cobleskill Stone Products by $10,000 with a donation in June.
The $10,000 donation to the Town of Schoharie’s Legal Defense Fund in the 14-year battle over quarry expansion follows another $10,000 donation in August 2018 and a $7,000 donation in ’17.
Cobleskill Stone is seeking to expand its Schoharie quarry onto adjacent land the company bought in 2000.
Under Schoharie’s Land Use Law, however, the land was zoned agricultural and residential, prohibiting quarry operation—a law Cobleskill Stone is challenging in court.
“We’ve tried to settle that lawsuit,” Supervisor Alan Tavenner said in accepting the check from SOS’s Peter Johnson.
“We’ve failed. So we’re very grateful for this.”
In addition to the check, Mr. Johnson presented the town with a dye study commissioned by SOS that he said shows that the original studies mischaracterized the geology and hydrology of the proposed quarry expansion site, underestimating its “adverse and irreparable” impact on stream flow through the historic Palatine House Spring and the wells of nearby properties.
Mr. Johnson said a copy of the study, conducted by Paul Rubin of Hydroquest, has also been forwarded to DEC.
If the expansion were to go ahead, not only could it “behead” the spring and Becker’s Cave, it could lead to collapsing sinkholes if the aquifer’s not recharged, Mr. Johnson said.
“We think it’s very significant,” he said of the study’s findings. “If Cobleskill Stone [continues], then it may become very important.”
Ground Water Study – Quarry Expansion Places the
Aquifer Under Schoharie at Risk
The proposed quarry expansion would “forever alter the hydrogeologic conditions that provide
groundwater flow to the Palatine House Spring,” so states the report issued by the
environmental consulting firm, Hydroquest. Hydroquest, commissioned by Save Our
Schoharie, conducted a study of the water flow in the area of the mine expansion. The study
found that this mine expansion would, “effectively behead” a large area of tributaries that flow
down to the Palatine House Spring and the Becker’s Cave Spring and would significantly reduce
the quality and quantity of water flowing to these springs and ultimately to the village. The
springs and the clear water flowing from them are an integral part of Schoharie’s history. The
water attracted the first settlers to this area. Fountaintown was the original name of the village.
Save Our Schoharie, (SOS) a volunteer group of town residents and property owners concerned
about the preservation of Schoharie’s natural environment, economic vitality, public health and
quality of life, wanted to find out if water quality at the springs and in the village would be
affected by Cobleskill Stone Products’ (CSP) mine expansion. At Save Our Schoharie’s request,
Hydroquest conducted a dye-study. It introduced a harmless dye into the water above the
mine expansion area. In about 21 hours, the dye made its way through the expansion area to
the Palatine Spring and then continued on to the village below.
It is important to know that the limestone that CSP proposes mining is a porous stone
formation that allows ground water to flow through a variety of fractures or conduits in the
stone. This type of stone formation is called a “karst.” Hydroquest’s report documents that the
proposed expansion area does support robust water flow above and below ground. Why is this
important to Schoharie? The aquifer under Schoharie that provides water to wells in the village
would be dramatically harmed by the proposed mine expansion. The full report, Karst
Hydrology of Palatine House Spring, Schoharie County, NY contains additional information and
conclusions.
Legal Update
In 2005, CSP initiated a lawsuit against the Town of Schoharie claiming that it has a vested
right to mine a property on Warner Hill Road that it had acquired a few years earlier. The Town disputed this claim and has been defending its desire to prohibit an expansion of the quarry. This legal actioncontinues today.
A court had decided that CSP could not use certain expenses it had incurred in support of the
quarry expansion claim. Last fall, the New York State Appellate Court overturned that lower
court decision thereby allowing CSP to use those expenses as evidence in pursuing its argument
that it has a vested right to expand the quarry. The Appellate Court ruled that since the Town’s
Land Use Law was declared invalid, the case must proceed as though the Land Use Law never
existed.
This motion, decided against the Town, will allow CSP to present more evidence to argue they
have a right to expand the quarry. This does not mean that the Court has pre-determined that
CSP has vested rights to mine at the Warner Hill Road property.
We hope and expect that the Town will continue to pursue this case vigorously. Defending a
case like this requires money, time and effort. SOS has actively supported the Town of
Schoharie in defending against CSP’s case with legal and technical support as well as money.
Last year SOS contributed $10,000 to the Town to defray its legal expenses. This year, SOS
made a second $10,000 contribution.
Why is this important to the citizens of the Town?
SOS believes that stopping an expansion of the quarry, will be central to Schoharie’s future
success. SOS has been fighting the quarry expansion for over a decade for the following
reasons:
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to protect property values
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to protect the environment
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to protect the historic integrity of this area
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to support local businesses
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to encourage increased tourism
SOS is not trying to close the mine. It wants to stop any expansion of the mine. What is good
for quality of life, business growth, agriculture and tourism in Schoharie is NOT compatible with
quarry expansion.
It is critical that our citizens recognize both what is at risk and the fact that we must be vigilant
in opposing the expansion.
Bridge over Palatine Spring
showing green dye to right.
August 2018
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Palatine Spring with green dye, indicating flow from spring through CSP property
August 2018
Photos from Dye Study, August 2018
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Article from the Times Journal, August 15, 2018
Some Important Updates from SOS – May 2018
Dear Members and Friends of SOS,
Although we have not had any regular membership meetings recently, the officers and others have been meeting to discuss ideas and consider what we need to do as our community continues to deal with the possible expansion of the Schoharie Quarry. Below is a list of updates we want to share with you.
1. Legal maneuverings continue in the lawsuit brought by Cobleskill Stone Products (CSP) against the Town of Schoharie over quarry expansion. And it is good news! In late April, the presiding judge denied CSP’s request to introduce evidence of its actions and expenses from the time it acquired the land in late 2000 through late 2015 as proof that it has a “vested right” to quarry the property. Instead, the judge ruled that CSP will be limited to the period between late 2000 and August of 2005, when the Town of Schoharie adopted its Land Use Law. This ruling will severely hamper CSP’s ability to prove its case. It is expected by our lawyers that CSP will appeal this ruling further delaying the start of the actual trial (which should have occurred this May) until late 2018 or early 2019.
2. We will be participating in the July 28, 2018 Colonial Craft Show which will be sponsored by Schoharie Colonial Heritage and the Schoharie DAR which will take place from 9 a.m. to 4 p.m. on the DAR premises.
3. We have decided not to participate in the Village Wide Yard Sale this year as it is a rather large undertaking for your officers. If, however, some members would like to assume this task, we would gladly assist in any way we can.
4. We are working on a new brochure for SOS in an attempt to stress what we are FOR, not just what we are against. Hopefully that will be ready soon.
5. SOS has a Facebook page where you can find out information about SOS. Once on the Facebook page, if you click on the word ABOUT in the menu at the left side of the page, it will take you to: contact information.
6. We will be sending out our membership renewal forms shortly. It is also available on the website, in the Get Involved/Forms section.
Dawn Johnson, Secretary for SOS