Developer of a proposed asphalt plant in Hamburg seeks lawsuit against Town’s planning board


The developer of a proposed controversial asphalt plant in the Town of Hamburg is now seeking legal action against the town’s planning board.

The town’s planning board has held multiple meetings over several months to hear from both the developer of AL Asphalt and Town residents. The Town says it’s a process that takes time, but the developer says it’s taking too long.

AL Asphalt wants to locate a new asphalt plant on Camp Road in the Town of Hamburg. Many folks are worried about possible pollution and an impact on quality of life the operation would bring.

“If this happens, it’s going to effect our quality of life, it’s going to effect our air, it’s going to effect the vision for a positive growth that is moving away from our industrial past,” said Hamburg resident Amy Blundell.

She said she’s been against a proposed asphalt plant in her neighborhood since the idea was first brought to the Town’s planning board.

“This is not what we want, this is not what’s in the best interest of our children,” Blundell said. “This is not in the best interest of economic growth in the big picture.”

The company has presented a study at previous planning board meetings indicating emissions would be below allowable standards.

The Town says more studies need to be done.

“It indeed does require a thorough analysis as to odor and the potential emission of toxic chemicals into the atmosphere in the immediate of where they propose to put the plant,” said Town of Hamburg supervisor Jim Shaw.

After months of meetings, the company is suing the Town’s planning board.

“Despite the fact that the Department of Environmental Conservation has already determined that there will be no potentially significant environmental impacts from the proposed use, the Planning Board has willfully disregarded the law, abusing the environmental review process to prevent AL Asphalt from becoming operational this season.   The pending action was necessary to end the purposeful pattern of delay and to compel the Planning Board to carry out its statutory obligations under the law.”

Attorney Corey Auerbach of Barclay and Damon LLP

The Town has the opposite view.

“We will defend the lawsuit because we believe that it is in the community’s interest to have a full environmental impact study undertaken,” Shaw said.

Shaw said the Town has put aside funds to conduct an environmental study. No timeline for that study has been set yet.

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