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'I moved here to have better access to clean air': Proposal to bring asphalt plant to Hamburg shut down

"We’re interested to see what will be developed there, and we will be watching."
Posted at 11:24 PM, Nov 01, 2023

HAMBURG, N.Y. (WKBW) — After four years of debate between a businesswoman trying to establish her own A.L. Asphalt Plant company in Hamburg and residents who are concerned about the environmental impacts it would have, the proposal has been officially shot down by the town's planning board.

Jeanette Koncikowski

“I moved here to have better access to clean air,” said Jeanette Koncikowski, a member of Hamburg Residents Against Asphalt Plant. “I’ve researched and read over the years and we’ve talked to experts in the field that there are all kinds of safety and health concerns about asphalt and the chemicals that go into it: naphthalene, benzene, formaldehyde. These are all known carcinogens so the idea that this is not a health hazard seems to be completely unfounded.”

The attorney representing A.L. Asphalt told 7 News reporter Yoselin Person over the phone that the town was making a mistake in not allowing the project to move forward.

“If you dug deep into it and went to the experts. You’ll find that those concerns have been minimized if not eliminated with today’s technology,” said Ralph Lorigo, the attorney for A.L. Asphalt.

Attorney Ralph Lorigo spoke with 7 News Reporter Yoselin Person Wednesday night.

Lorigo said his client was given the thumbs up by a building inspector on the project before this controversy.

“To my understanding, the building inspector at that time basically told them, 'Yeah go ahead,' they need site plan approval, but they didn’t have any issue in regards to the asphalt plant,” Lorigo said. “To my understanding, he left or retired then the opposition from the residents came about and politics played into it.”

Two of Hamburg's four town board council members said in early January, they established a local law that would ban asphalt plants from operating in the town.

“I have to applaud the planning board where we have experienced professionals who have taken a lot of time over the past four years to make sure that this was a fair process,” said council member Karen Hoak.

Karen Hoak, Hamburg Town Board council member

“Making sure the community’s voice was heard and making sure the applicant was entitled to a fair process and given every opportunity to address the deficiencies that were stated.”

Lorigo disagreed.

“To me, the legal issue is can you totally exclude the use that’s this prevalent like the asphalt use and I think you can’t,” he said. “So I think they’re making a mistake. I think it’s particular to this applicant and I think it is discriminatory.”

Others feel that this situation is a prime example of local government listening to the community’s voice.

“Anyone who thinks that their voice is not heard can look at Hamburg and look at this asphalt plant as a clear example of what can be done with community involvement,” said council member Shawn Connolly.

Shawn Connolly, Hamburg Town Board council member

“Active citizens rallying together voicing their concerns and public officials backing those concerns and taking appropriate actions."

So what’s next for the empty space where the plant would have gone?

"We’re interested to see what will be developed there, and we will be watching”
Amy Blundell, organizer for Hamburg Residents Against Asphalt Plant
Amy Blundell

“We are hoping that going forward there will be some kind of positive plan with that property," said Hamburg Residents Against Asphalt Plant organizer Amy Blundell. “We will be vigilant and we will be engaging the community to make sure that whatever happens on that property is going to serve the best interest of the community and the business owner.”