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Residents Speak Against Quarrying, Except One [VIDEO]

Matt Kobyluck Argues New Regulations Are Against The Constitution

Monday night, more than 100 people crowded into Town Hall to support proposed zoning regulations that would prohibit stone processing plants and quarrying.

“We’ve had quarries before,” said Planning Director Tom Wagner, who wrote the new regulations. “But Waterford is no longer a rural town, and we have to consider what effects will (quarrying) have on not just the environment, but the public.”

The proposed regulations allow builders to process the stone they extract while building a site, Wagner said. But the new regulations would not permit companies to bring in stone from other sites and process it, Wagner said.

A public hearing was held Monday on the proposed regulations, where many spoke for the change, and one was opposed. After, the hearing was closed, and the Planning and Zoning Commission agreed to vote on the new regulations at the next meeting.

Kobyluck

The proposal comes just days after to build a stone processing plant at 28 Industrial Drive. These new regulations would prohibit what Kobyluck is proposing.

However, since the regulations are not yet approved, Kobyluck’s application will follow the old regulations, which are less specific about stone processing, Wagner said.

Company owner Matt Kobyluck went to the public hearing, and was the sole member of the public to speak against the proposed regulations. Kobyluck argued the Planning and Zoning Commission should not prohibit any use completely, but instead allow “due process” and regulate the activity, he said.

Joe S. December 06, 2011 at 11:56 AM
Against the Constitution? So, according to that logic, if I owned a piece of property that was zoned commercial, and I could get a fully developed site plan with all the proper utilities, etc. - then I should be able to put a 'Gentlemen's Club 'on it - right? Isn't that my Constitutional right? Ummmm - No... Zoning regulations in Waterford - as they are in the rest of the country - are developed over time by the various town commissions with input by experts and the citizens of the town - that are in the best interest of the town and its people. It is not my 'inalienable right' to go against local zoning laws, I have a right to argue my point for consideration by the various commisions, but at the end of the day, my application - and everyone else's - has to be within the zoning regulations - period.
Water Ford December 06, 2011 at 02:46 PM
The town approved the Waterford Industrial Park for industrial uses decades prior to this application. I’m sure it was represented as industrial land when it was taxed and sold over the years and, finally, a business wants to use the land and there appears to be hesitation. This is an industrial park. This is where the town wants industry. I like the idea of increasing the tax base while possibly expanding the workforce in our town approved industrial park. Most of us need a job and don’t enjoy paying taxes.
kim December 06, 2011 at 05:07 PM
I think you are missing the point. There are some types of industries that are just not viable in suburban towns. You actually said it yourself. It was approved decades ago. The point of responsible town planning is to continually review/assess your town and make adjustments. Lets not discuss the environmental and health risks because I can tell that this doesn’t mean much to you. So let me just say that I am all for other types of businesses. But I am not willing to have this type of industry in our town due to the financial implications that will result from it. If you are so concerned about the tax base then perhaps you should expand your thinking to consider the Long Term implications that this type of industry would have. Who wants to live OR have a business near this type of industry? Decreased residential property value, decreased commercial property value, decreases sales of homes and businesses ALL resulting in a decrease in tax revenue... If you try to argue tax revenue then you have to consider the other side of the financial equation. Expenses. People weigh their own personal revenue and expenditures all the time. This is what the town needs to do as well. They need to consider the implications of potential environmental clean up, individual and class action lawsuits from residents due to health implications and loss of personal property and decreased tax revenue because no one wants buy a house or run a business next to a mining industry.
William Auwood December 06, 2011 at 06:52 PM
The question is, whether the town is required to allow Kobyluck to operate a rock crushing business in that particular industrial site.The Supreme Court ruled (Village of Euclid, Ohio v. Ambler Realty Co.)basically that to control what would be a nuisance is in fact not an unreasonable extension of the villages police power and did not have the character of arbitrary fiat, and thus it was not unconstitutional.
Kevin Girard December 07, 2011 at 12:05 PM
Nice job covering this, Paul. Although many of the residents were there speaking out against quarrying in Waterford, the proposal also provides limits on a number of other industrial activities in the town, so therefore doesn't single-out mining as the only business not allowed. For example, there were provisions around solid and liquid waste, storage and distribution of fuel, and a number of other businesses where heavy truck traffic on the towns roads and traverse through neighborhoods makes those businesses incompatible with residential use. To me, the town has changed substantially from where it was, and this update to the regulations makes sense given where the town is headed. It prevents some types of business which are generally incompatible with residential use (and potentially hazardous to the environment, noisy, smelly, and require large truck usage and frequency) and allows other potential businesses the opportunity to process their earth materials on-site as might be needed to support construction at the site. I applaud the board for thinking ahead, recognizing the change in the direction of the town and trying to balance the needs of business and the desires of residents. It's no easy task, but I believe the proposed changes to the regulations do that quite well.

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