HAMBURG, N.Y. — Some would say Monday night came with a small victory for people in the Town of Hamburg who have been pushing against the proposed AL Asphalt plant on Camp road.

During a special meeting, the Town of Hamburg Planning Board voted to do an environmental impact study on the proposed facility, citing concerns with air quality and toxins.

"We voted to go forward with the environmental review process. That's an essential process for us to gather more information to make a decision" said Town of Hamburg Planning Board Chairman William Clark.

The crowd at the Taylor Road Family Recreation Facility erupted in applause at the announcement.

"We are beyond pleased with the outcome" said 'Hamburg Residents Against the Asphalt Plant' group member Megan Comerford.

During the meeting, members of the planning board said the development of an asphalt plant at the Camp road site could potentially impact noise, odors and pollution in the area. Which they say is a concern because of its proximity to schools, homes and nursing homes .

"The issues that came up at that public hearing are ones we are going to explore and continue to explore" said Clark.

"A short celebration and then right back to digging into the issue into making sure we are doing what we need to do to preserve this moment of victory and continue on" said Comerford.

Attorney Corey Auerbach of Barclay and Damon LLP represents AL Asphalt Corporation and said this decision was expected but called the environmental review unnecessary.

"It's really just a pattern of continuous delay on behalf of the planning board subjecting the applicant to unnecessary environmental review when really they should be taking up the issue at hand which is the site plan application that we filed " said Auerbach.

The board said the next steps for AL Asphalt will be to submit a scope document for the project.

In October, Attorney Auerbach filed an Article 78 petition against the Town of Hamburg claiming the Camp Road property was not listed correctly when it was put up for sale. That litigation, is still pending in State Supreme Court.

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