Letters to Legislators

Here are a series of letters that Diana S. Paruta of East Canaan wrote to our elected state legislators and town officials.

See below for how you help stop B. Metcalf Asphalt.

This letter was sent to: Please let them know your objection to this plant as well.

State Representative Maria Horn - Maria.Horn@cga.ct.gov
U.S. House Representative Hayes - https://hayes.house.gov/contact/email-me
State Senator Craig Miner - https://ctsenaterepublicans.com/contact-miner/
U.S. Senator Blumenthal - https://www.blumenthal.senate.gov/contact/
U.S. Senator Murphy - https://www.murphy.senate.gov/contact
Charles P. Perotti - selectman@northcanaan.org
Craig Whiting (Selectmen) - cwhiting57@yahoo.com
Christian P. Allyn (Selectmen) - christianallyn@gmail.com

Click to enlarge.

Voice your objection!

THE TIME TO TAKE ACTION IS NOW!

1) CONTACT to thank them for standing strong on this issue and tell them you don’t want to see any asphalt batching or manufacturing plant in Canaan.

North Canaan Planning & Zoning
℅ Town Hall
100 Pease Street
North Canaan, CT 06018

2) INFORM your neighbors and friends, and, if you are renting your home tell your landlord immediately. Please pass on this STOP THE ASPHALT PLANT website at https://www.blackberryrivervalleyprotectionalliance.org.

3) SIGN the petition against the Ben Metcalf proposal- sign petition online at
https://www.change.org/p/north-canaan-zoning-board-help-stop-the-asphalt-plant-in-east-canaan

4) EMAIL your selectmen selectman@northcanaan.org - tell them ANY asphalt batching or manufacturing plant is unacceptable in North Canaan!

5) * IS IT LEGAL? * In violation of CT Public Act 98-216 (Act 22A-196) covering the location of "... Any asphalt batching or continuous mix facility not in operation as of December 31, 1997, may not be located..." ... "...within one-third mile of a watercourse and within one-third mile of residential housing..." This asphalt making site is in violation of both these restrictions. Read more at: https://www.blackberryrivervalleyprotectionalliance.org/p/deep-watercourse-residential.html

State Statute. Click to enlarge.

Ask the STATE OF CT attorney.general@ct.gov to look into this matter.


Other State of Connecticut Contacts:

State Representative Maria Horn - Maria.Horn@cga.ct.gov
U.S. House Representative Hayes - https://hayes.house.gov/contact/email-me
State Senator Craig Miner - https://ctsenaterepublicans.com/contact-miner/
U.S. Senator Blumenthal - https://www.blumenthal.senate.gov/contact/
U.S. Senator Murphy - https://www.murphy.senate.gov/contact
DEEP: deep.aquiferprotection@ct.gov


Other Town Official Contacts:

Planning & Zoning - zoning@northcanaan.org
Charles P. Perotti - selectman@northcanaan.org
Craig Whiting (Selectmen) - cwhiting57@yahoo.com
Christian P. Allyn (Selectmen) - christianallyn@gmail.com
Inland Wetlands - c/o selectman@northcanaan.org

Donate: Your donation will help Blackberry River Valley Protection Alliance, Inc. continue a legal defense action and public awareness campaign to meet this threat to our community.

Blackberry River Valley Protection Alliance, Inc. (formally known as STAPEC, LLC) is an environmental organization with a mission of environmental protection and conservation in North Canaan and adjacent towns in the Blackberry River watershed and its environs. Its mission includes, but is not limited to, protecting the air, the land, the aquifer, wildlife, and the health and general quality of life of area residents and visitors.

Please make a donation today of any amount you and your family or business can afford.

Please make checks payable to: Blackberry River Valley Protection Alliance, Inc. 

Mail to: Blackberry River Valley Protection Alliance, Inc. , P. O. Box 33, East Canaan, CT 06024

Or donate online at: https://www.gofundme.com/f/stop-the-asphalt-plant-east-canaan-ct

Here's how to: Voice your objection!



Share this information and our website at https://www.blackberryrivervalleyprotectionalliance.org/ with your Social Media network. Thank you!
    

Maria Horn North Canaan needs your help

Dear Connecticut State Representative Maria Horn, ( http://www.housedems.ct.gov/Horn , Maria.Horn@cga.ct.gov )

I’m sure you are aware of the ongoing battle in the Town of North Canaan to prevent an asphalt plant from being constructed in the East Canaan area of the town.  Despite the best efforts of the Planning and Zoning Commission, B. Metcalf Paving, Inc. continues to file lawsuits against the committee and related officials to force his application to be uncontestably accepted by the court. 

This is SO BAD FOR OUR TOWN, which by your position is your town as well. 

It’s costing us money and perhaps more importantly, we are loosing town officials who are resigning under the threat of the lawsuits and controversy. 

We are asking your help – the location of Mr. Metcalf’s plant is in within 1/3 mile of residences and the Blackberry River (which is stocked every year by the CT Department of Fisheries).  This is in violation of the CT General Statutes 22a-196 of the DEEP regulations.   He is already processing “cold patch” which includes hot and flammable materials at his location at 15 Allyndale Road – (see attached photos taken by my husband Bill Markey on August 19^th).  

Hot and flammable materials...

...for making COLD-PATCH asphalt.

We cannot find any permits issued by the CT DEEP allowing this to happen.

As of September 11, 2019 his attorney has applied to the court for an ex-parte injunction – I am not a lawyer and do not pretend to fully understand what this means, but our attorney has indicated that Metcalf is trying to force permission for his plant at the court level without any opportunity for the town to have any say.

We have been fighting this asphalt plant at the town level since May, 2018.  Despite our efforts and those of the Planning and Zoning Commission to stop this plant – it seems that the reality of an asphalt plant in an environmentally sensitive area could be possible.  We look to you for help in protecting our bucolic, farm friendly town from the threats of the pollution that could be caused by the manufacture of asphalt.  The State needs to step in.

Please advise us how to proceed to continue our battle to protect our town.  Are there better ways to contact the DEEP besides filing complaints that do not seem to go anywhere?  We have reached out to the Attorney General, but could use advice on the best way to file complaints with that office to protect the health, well-being and quality of life the residents of the Town of North Canaan deserve.  We can supply much more information regarding this issue if it would be useful.

We look forward to your response.

Robin Markey
East Canaan, Connecticut

Voice your objection!

THE TIME TO TAKE ACTION IS NOW!

1) CONTACT to thank them for standing strong on this issue and tell them you don’t want to see any asphalt batching or manufacturing plant in Canaan.

North Canaan Planning & Zoning
℅ Town Hall
100 Pease Street
North Canaan, CT 06018

2) INFORM your neighbors and friends, and, if you are renting your home tell your landlord immediately. Please pass on this STOP THE ASPHALT PLANT website at https://www.blackberryrivervalleyprotectionalliance.org.

3) SIGN the petition against the Ben Metcalf proposal- sign petition online at
https://www.change.org/p/north-canaan-zoning-board-help-stop-the-asphalt-plant-in-east-canaan

4) EMAIL your selectmen selectman@northcanaan.org - tell them ANY asphalt batching or manufacturing plant is unacceptable in North Canaan!

5) * IS IT LEGAL? * In violation of CT Public Act 98-216 (Act 22A-196) covering the location of "... Any asphalt batching or continuous mix facility not in operation as of December 31, 1997, may not be located..." ... "...within one-third mile of a watercourse and within one-third mile of residential housing..." This asphalt making site is in violation of both these restrictions. Read more at: https://www.blackberryrivervalleyprotectionalliance.org/p/deep-watercourse-residential.html
Ask the STATE OF CT attorney.general@ct.gov to look into this matter.

Other State of Connecticut Contacts:
State Representative Maria Horn - Maria.Horn@cga.ct.gov
U.S. House Representative Hayes - https://hayes.house.gov/contact/email-me
State Senator Craig Miner - https://ctsenaterepublicans.com/contact-miner/
U.S. Senator Blumenthal - https://www.blumenthal.senate.gov/contact/
U.S. Senator Murphy - https://www.murphy.senate.gov/contact
DEEP: deep.aquiferprotection@ct.gov



Other Town Official Contacts:
Planning & Zoning - zoning@northcanaan.org
Charles P. Perotti - selectman@northcanaan.org
Craig Whiting (Selectmen) - cwhiting57@yahoo.com
Christian P. Allyn (Selectmen) - christianallyn@gmail.com
Inland Wetlands - c/o selectman@northcanaan.org

Here's how to: Voice your objection!


Share this information and our website at https://www.blackberryrivervalleyprotectionalliance.org/ with your Social Media network. Thank you!
   

Or donate online at: https://www.gofundme.com/f/stop-the-asphalt-plant-east-canaan-ct

Stop Suing our Town

Dear Mr. Metcalf,

Please Stop Suing our Town

On September 11, 2019 B. Metcalf Paving, Inc. filed its third legal action against the Town of North Canaan Planning and Zoning Commission in Litchfield Superior Court. Included in the latest filing, the Town Zoning Enforcement Officer was also named as a defendant.

For those unfamiliar with the situation, B. Metcalf Paving is trying to put in an asphalt plant within 1/3 of a mile of residences and the Blackberry River in violation of Connecticut General Statue 22a-196 in the Department of Economic and Environmental Protection regulations. This itself should prevent any asphalt plant from being constructed at this site.

The location is a bucolic area. Residences surround the site. Farms cover the majority of the land. We in East Canaan like to brag that there are more cows than people living here. There are industries here already. The balance of industry to residential areas is already tipped in favor of industry in North Canaan compared to our neighboring towns. Our zoning regulations states its purpose it “to retain the general quality of life in North Canaan”. The addition of an asphalt plant can in no way be seen to do this.

The lawsuits filed by B. Metcalf Paving, Inc. have awakened a sleepy town into action. It’s apparent that the majority of the residents are against having an asphalt plant in North Canaan as indicated by signed petitions and attendance at town meetings (over 200 people attended a meeting in May). These lawsuits are costing our town money and causing town officials to resign. Mr. Metcalf has been quoted to say that what the residents of North Canaan are doing is “unconscionable”. We are not suing the town; we are trying to protect our town and its long-term goals to regain its status as a town with a future.

So please, Mr. Metcalf, stop suing our town and its officials.

Robin Markey
East Canaan, CT

Voice your objection!

THE TIME TO TAKE ACTION IS NOW!

1) CONTACT to thank them for standing strong on this issue and tell them you don’t want to see any asphalt batching or manufacturing plant in Canaan.

North Canaan Planning & Zoning
℅ Town Hall
100 Pease Street
North Canaan, CT 06018

2) INFORM your neighbors and friends, and, if you are renting your home tell your landlord immediately. Please pass on this STOP THE ASPHALT PLANT website at https://www.blackberryrivervalleyprotectionalliance.org.

3) SIGN the petition against the Ben Metcalf proposal- sign petition online at
https://www.change.org/p/north-canaan-zoning-board-help-stop-the-asphalt-plant-in-east-canaan

4) EMAIL your selectmen selectman@northcanaan.org - tell them ANY asphalt batching or manufacturing plant is unacceptable in North Canaan!

5) * IS IT LEGAL? * In violation of CT Public Act 98-216 (Act 22A-196) covering the location of "... Any asphalt batching or continuous mix facility not in operation as of December 31, 1997, may not be located..." ... "...within one-third mile of a watercourse and within one-third mile of residential housing..." This asphalt making site is in violation of both these restrictions. Read more at: https://www.blackberryrivervalleyprotectionalliance.org/p/deep-watercourse-residential.html
Ask the STATE OF CT attorney.general@ct.gov to look into this matter.

Other State of Connecticut Contacts:
STATE NWCT REPRESENTATIVE: Maria.Horn@cga.ct.gov
DEEP: deep.aquiferprotection@ct.gov

Other Town Official Contacts:
Planning & Zoning - zoning@northcanaan.org
Charles P. Perotti - selectman@northcanaan.org
Craig Whiting (Selectmen) - cwhiting57@yahoo.com
Christian P. Allyn (Selectmen) - christianallyn@gmail.com
Inland Wetlands - c/o selectman@northcanaan.org

Donate: Your donation will help STAP continue a legal defense action and public
awareness campaign to meet this threat to our community.

Or donate online at: https://www.gofundme.com/f/stop-the-asphalt-plant-east-canaan-ct

Here's how to: Voice your objection!


Share this information and our website at https://www.blackberryrivervalleyprotectionalliance.org/ 

with your Social Media network. Thank you!
   

Site Modification Application DENIED

Planning and Zoning Commission on Monday (September 9, 2019) voted to deny a requested certificate of approval for a site modification plan to allow a warm asphalt plant...

Read full Waterbury Republican article: Zoning Officer quits after vote

Excerpts:
...
Ben Metcalf, owner of Metcalf Asphalt Paving, is seeking to operate the plant on his property at 235 East Canaan Road. He submitted an application last year that was returned by the commission, which said the use was not a permitted one.
...
Metcalf and his lawyer, Mark Shipman, sued the commission for that decision, saying the application should be approved because no action was taken within the required 65 days. In July, Torrington Superior Court Judge Dan Shaban ruled the court did not have jurisdiction in the case.
...
At Monday’s meeting, attorney Kevin F. Nelligan, who represents a group of residents (STAP) against the plant, said he doesn’t see how the court’s decision compels the judge to approve the special permit as requested by Shipman. Nelligan said he believes the judge said Metcalf has to take a certain court action if he wants to prevail getting the site plan approved.
...
After the Planning and Zoning Commission on Monday voted to deny a requested certificate of approval for a site modification plan to allow a warm asphalt plant, the town’s zoning enforcement officer quit Tuesday.
...
Read full Waterbury Republican article: Zoning Officer quits after vote

Thank you Zoning Board for voting unanimously, "To promote and protect public health, safety and welfare." (from North Canaan Zoning Ordinance: Article I, Intent and Purpose - https://dl.airtable.com/.attachments/6dfc150eebd5543ff04789b5606d4171/7f23acb5/Zoning_Regulations_January_2015.pdf), Now the next round...

Update September 19, 2019 news clips from The Lakeville Journal:

Planning & Zoning denies Metcalf... Click to enlarge.

Planning & Zoning Enforcement Officer resigns... Click to enlarge.

Here's how to: Voice your objection!


Share this information and our website at https://www.blackberryrivervalleyprotectionalliance.org/ 

with your Social Media network. Thank you!