A Town of Alden landowner has agreed to stop mulching on his property after a two-year fight with town officials that landed him in court.
Sixty town code violations for illegal mulching and dumping were dropped Wednesday in Newstead Town Court against Exchange Street property owner Robert Schlossin, Town Attorney Edward O'Connor said. The matter was moved to Newstead Town Court after Alden town justices cited a conflict of interest and did not take the case, Alden town officials said.
O'Connor told Town Board members Monday night that Schlossin will need to show that he is not mulching on the Exchange Street property for the next three years as a condition of the court settlement.
O'Connor said 12 of 15 misdemeanor charges against Schlossin were dropped in Newstead Town Court as a result of the agreement.
"I think it was a good outcome," O'Connor said.
Town officials said the Newstead court also ordered Schlossin to remove a mulching pile on his property within the next two years. O'Connor said the court required 50 percent of the pile to be removed within one year.
O'Connor said the agreement was reached Wednesday as a result of discussions with Schlossin's attorney and Assistant District Attorney Tom Trbovich. Supervisor Richard Savage praised the settlement.
"The town certainly got what we wanted in stopping that," Savage said.
Town law allows for nurseries to mulch, but the mulching cannot account for more than 50 percent of the business.
Town Building Inspector Ronald Snyder said the town will have aerial photographs of Schlossin's property taken in efforts to ensure that the mulching is no longer done.
In other matters, the board:
Approved the purchase of a mower for $11,000.
Approved the rezoning of 600 feet on the north side of Genesee Street from residential-agricultural to commercial land. Town officials said Ronald Cherry of 13348 Genesee St. asked for the rezoning so he can operate a snowmobile business.
Gave the Alden Hook & Ladder Company the OK to use the Town Park for its Fireman's Carnival from July 4 to 10.
Heard Savage thank outgoing Council Members Josephine Greco and Daniel Warmus for their service. Warmus served on the board for five years, Greco served for four. They will be succeeded by incoming Council Members Ron Snyder and Arlene Cooke. Savage also announced that Snyder will retire from his position as town building inspector in seven days to take his seat on the Town Board.
The next board meeting is at 7:30 p.m. Jan. 3 in the Town Hall on Wende Road.