A new appeal filed with the Town of Lloyd challenges a July 8 zoning determination that a proposed con-crete batch plant at 3260 Route 9W is a light-industrial use.

The plant, proposed by Clemente Industries, is the subject of a 33-page brief filed by attorney Michele L. Babcock of Mackey, Catania and Whalen on behalf of nearby residents. The appeal contends that Building Department Director Dave Barton incorrectly classified the proposed facility as light industry and that it should instead be classified as heavy industry.

The matter will now go before the Town of Lloyd Zoning Board of Appeals.

Babcock represents Lisa Green, Eli Gottlieb, Giulianna Ruiz, Lindsay Wiersma, Steve Carl, Judy Ange-lovich and Michael and Amy Matts. She argues that the residents are aggrieved by Barton’s determination and have standing to appeal it.

In the appeal, Babcock asks the ZBA to reverse Barton’s determination and halt the site plan review cur-rently underway before the Planning Board.

Babcock argues that the determination is inconsistent with the town’s zoning code, particularly a recently approved definition of heavy industry that specifically lists “concrete batching plants, including ready-mix plants or raw concrete manufacturing” as an example.

Barton relied in part on the zoning code’s definition of light industry, which allows manufacturing, as-sembly, treatment, processing or packaging of products that does not emit objectionable levels of smoke, noise, dust, odor, glare or vibration beyond property boundaries. According to Babcock, Barton conclud-ed that proposed operational and mitigation measures would prevent the facility from creating objectionable off-site impacts.

Babcock contends that the town’s heavy-industry definition resolves the issue without requiring the ZBA to determine whether the proposed plant more closely resembles light or heavy industry.

She also argues that Clemente’s own project narrative describes characteristics that correspond to the town’s definition of heavy industry, including large-scale machinery, substantial utility demands, impacts detectable beyond the property, emissions and substantial heavy, multi-axle freight traffic.

“The Town Board expressly identified concrete batching plants as an example of heavy industry use,” Babcock wrote.

The appeal also addresses the timing of Barton’s determination. Babcock cited New York case law for the general rule that land-use matters are determined under the zoning law in effect when the reviewing body makes its decision.

As a result, she argues that Barton’s July 8 determination does not prevent the ZBA from applying the town’s current zoning provisions when it considers the appeal.

Babcock further contends that while light industry is allowed in the town’s LI zoning district, heavy in-dustry is not authorized there either as a permitted use or through a special permit. Therefore, she argues, a concrete batch plant classified as heavy industry could not be treated as a permitted light-industrial use simply because the property is located in an LI district.

“Treating this project as light industry, when the town has established what is heavy industry, would ren-der the Town Board’s specific classification meaningless,” Babcock wrote.

She concluded that the proposed plant cannot properly be classified as light industry and that Clemente cannot rely on Barton’s July 8 determination to establish the proposed use as permitted within the LI zoning district.