Town of Hamburg moving forward with appeal against A.L. Asphalt plant

Officials met Monday to authorize an appeal against a judge's decision to allow A.L. Asphalt to build a plant on Camp Road
A.L. Asphalt proposed site in Hamburg
Photo credit WBEN

Hamburg, N.Y. (WBEN) - After a special meeting for discussion on Monday between Town Supervisor Randy Hoak and members of the Hamburg Town Board, officials authorized the filing of an appeal that aims to prevent the A.L. Asphalt plant from operating in the area.

A New York State Supreme Court judge recently ruled in favor of permitting A.L. Asphalt to construct their Camp Road plant in Hamburg, which the town and residents have been trying to prevent since plans were proposed in 2019, citing environmental concerns.

"I'm very pleased that the Town Board is in full alignment on this," said Hamburg Town Supervisor Randy Hoak in an interview with WBEN.

"We have two board members that are new this year, so we went back. This is a very complicated issue that goes back all the way to 2019 in Hamburg. And so we're able to bring everybody up to speed on where we've been. We also took a hard look at the at the judge's ruling and determined that bringing this to a five-member panel of judges at the Appellate Division, would be a good use of town resources and be in the best interest of the residents of the Town of Hamburg, not only on this issue, but to maintain the integrity of our comprehensive plans."

The Town Board does not have to put this to a vote in the next Town Board meeting, as they authorized the appeal on Monday.

Hoak notes now they will have to "perfect the appeal", which he hopes to do at or before the next Town Board meeting on Sept. 9.

"My hope is we can do it on Sept. 9, then authorize our attorneys to perfect the appeal filing," Hoak said. "The appeal is the easy part. It's just saying simply that we appeal. Perfecting the appeal is the bulk of the work that will be putting together the brief, and arguing that brief before the Appellate Division."

According to Hoak, once the town officially files, they have up to six months to perfect the appeal.

"The community has many concerns with an asphalt plant in this location. But the primary concern is the potential for pollution, to have chemicals in the air so close to hundreds of homes, a long-term care facility, child care centers, Hamburg Middle School, Hamburg High School, and places where folks want to and expect to breathe clean air," Hoak added.

Featured Image Photo Credit: WBEN