We, the undersigned, oppose the Sand Lake Town Board’s proposed amendment and interpretation of the Town’s Zoning Code that would allow for the removal of berms and expand the Hunt and Hoffay Mines. This poses a threat to the well-being of surrounding residential neighborhoods and raises serious concerns about the actions of Town Officials.

Our Concerns

Blatant Lack of Transparency and Public Input: The Town Board’s original proposal to alter Town Zoning Code to permit the removal of berms was introduced with little notice and no prior opportunity for public input. The Town Board had no public discussion on the matter before the issue was placed on the Town Board agenda. This deliberate exclusion of public discussion is unacceptable and undermines proper process and procedure.

Serious Conflict of Interest: Appointed Town Board Member Karen Mason, the wife of Zoning Board of Appeals Member Scott Blair, has a direct or indirect connection to the Hunt mine through Scott Blair’s brother. This relationship constitutes a significant conflict of interest. According to Section 18-3 (E) of the Town Code and Section 809 of General Municipal Law, such conflicts must be transparently disclosed to the public and failure to do so compromises the integrity of the decision-making process.

Misinterpretation of Zoning Laws: The recent interpretation of the Town’s Zoning Code by Planning Board Attorney Craig Crist, has created uncertainty over whether the current Zoning Code allows the removal of these berms. Other experts have disputed this interpretation, raising serious concerns about the legality and appropriateness of removing the berms without changing the Zoning Code. This exposes the Town to potential legal challenges and risks detrimental impacts to residential neighborhoods and the community.

Our Requests

Immediate Adherence to Legal and Ethical Standards: All decisions regarding mining operations and berm removal must adhere to the Town Code, State Laws, and SEQRA regulations. We demand clear and effective public notice, with ample opportunity for community input to ensure all voices are heard and considered.

Full Disclosure of Legal Opinions and Conflicts of Interest: All legal opinions and interpretations related to proposed zoning changes and interpretations must be immediately released. Any and all conflicts of interest must be fully disclosed, and any Board Member with a conflict must be barred from participating in discussions or decisions pertaining to the matter.

Conditional Authorization Based on Expert Review: If the Town Board proceeds, it must be contingent upon a comprehensive review by an independent engineer to confirm that the removal of berms will not result in mining operations further encroaching on residential areas. Additionally, all concerns raised by the NYS Department of Environmental Conservation in Notices of Incomplete Applications to the mining operators from May and July 2022 must be fully addressed.