MONDAY’S Rhinebeck PUBLIC HEARING – Follow Up To Set The Record Straight from Rural Rhinebeck Neighbors


Please be aware of the considerable inaccuracies and misinformation expressed at Monday night’s Public Hearing in Rhinebeck regarding the Amendment addressing the error to the Zoning Map of the Mining Overlay District.  

-There was an overwhelming outpouring of concern by residents that a local miner, Richie von der Lieth, will be put out of business if the amendment before the Town Board is passed.  This is just NOT TRUE:  1) Mr. von der Lieth’s mine on White Schoolhouse Road will be depleted/mined out at the conclusion of his current permit, which runs through 2015.  There can be no expansion there because there is no more material there to mine.

2) The mine Mr. von der Lieth operates on leased property owned by John Lobotsky will also be mined out at the conclusion of the DEC permit for that mine.  Once again, there can be no expansion because there is no more material to mine.

3) None of the other properties Mr. von der Lieth owns are in the Mining Overlay District.

4) If the Town Board chooses to leave the Mining Overlay District map in its current form, Mr. von der Lieth will not have anything left to mine.   If the Town Board chooses to make the corrections to the map as proposed in the amendment, Mr von der Lieth will still have nothing left to mine …it will make no difference to his ability to mine sand and gravel so it is untrue that passing this amendment will result in financial hardship for Mr. von der Lieth or his family.

-Concern was also expressed that there will be no sand and gravel available in the area if this amendment to correct the map in the current Mining Overlay District is passed.  This is also NOT TRUE:  1) Red Wing Properties has a DEC permit to mine on the existing Kinlan/Decker mine but they need an access point.

2) They have an access point on White Schoolhouse Road which they have apparently chosen not to use. Instead, they tried to force neighbors, long-time residents, Patty & Steve Lobotsky, to let them cross their property.

3) All Red Wing has to do is designate an acceptable access point and modify their DEC Permit ; and with an acceptable access point, the Town Planning Board will then be in a position to approve the SUP for that mine.

-The current Mining Overlay District map contains errors that need to be corrected so that it complies with the 2009 approved Comprehensive Plan:  1) The current map fails to follow the Comprehensive Plan that designated that District’s boundaries.  (Please refer to the map at Town Hall.)

2) It also failed to include DEC permitted mine boundaries within the District.

3) Now that the Town Board is aware that these mistakes exist, they need to address them and the proposed map correction will do that.

4) Correcting the map will not prevent the Town Board from revisiting the boundaries of that District, amending the zoning law, and the Mining Overlay District in the future.  Therefore, it is NOT TRUE that passing the amendment closes the door on mining expansion.

– Statements were made that truck traffic would not be a substantial issue on White Schoolhouse Road.  This is absolutely NOT TRUE.  1) This is a windy, rural, road heavily frequented by motorists, school buses, bicyclists and walkers.

2) Red Wing President, Frank Doherty, said we can expect about 60 trucks per day to be working. (That is just the number of trucks, not the number of TRIPS).  This number would be in addition to the current truck traffic on the road.

3) The amount of additional traffic that will occur if the Red Wing mining expansion is allowed will be devastating … resulting in an unsafe and excessive amount of  traffic, noise, dirt, a damage to the infrastructure and a diminished quality of life to the residents residing on and around White Schoolhouse Road.  This will cause a property values to decline and force some residents to sell their homes at deflated costs.

4) Residents on WSR and neighboring streets will definitely be negatively affected by the additional truck traffic.  It makes no sense to compromise one of the oldest roads in Rhinebeck and the lives of residents for the benefit of a company’s profits.


We urge Residents to check your facts and support this Amendment.  NOT doing this has a much larger implication on the future of White Schoolhouse Road and the Town of Rhinebeck.  It is a fact that all across the United States, thousands of large scale dirt, gravel and sand mines have been opposed by concerned citizens.  And please be reminded that Red Wing lost their long battle against Milan and that the ruling in Milan was a binding ruling for all of Dutchess County, which reinforced a Town Board’s right to home rule and to adjusting overlays to match their comprehensive plan.

Information regarding Mining Overlay Districts, zoning maps and regulations & restrictions as well as the Comprehensive Plan are public records and can be viewed at Town Hall. Active Mining Permits are on file with the DEC.

Rural Rhinebeck Neighbors

An association of residents concerned with the proposed increased mining activity along White Schoolhouse Road and its impact on our environment, quality of life and the negative reflection an expansion will have on the rural character of Rhinebeck.  Our goal is to inform the community about the issues and work together to stop large scale mining in the area.

Please email any questions to: