Showing posts with label Connecticut. Show all posts
Showing posts with label Connecticut. Show all posts

Friday, February 18, 2022

An exciting new beginning

Special Announcement

Stop the Asphalt Plant (STAP): An exciting new beginning

It is your neighborhood too.

Since 2016 when Benjamin Metcalf as owner of 235 East Canaan Road, LLC purchased the former M. J. Mulville & Sons, Inc. properties that sit between Allyndale Road and Casey Hill Road in the middle of East Canaan village and in close proximity to many residential homes the town of North Canaan has had to deal with the threat of a major environmental hazard in our midst. That threat is in the form of an asphalt manufacturing plant. Town government and citizens have spent time and money fighting this threat to our environment, health and property. In court case after court case this threat has been countered.

In the most recent of these cases the court has ruled that the Zoning Regulations amendment, "To Prohibit the Manufacturing, Production and/or Storage of Asphalt in all zones" did not prohibit B. Metcalf Paving from implementing a previous court approved site plan but the court could not void the amendment “...contingent upon some event that has not and indeed may never transpire.” But it is that future event that is still looming over our communities.

What is at stake?

The hazards of an asphalt plant, warm mix, hot mix, fixed or portable cannot be underestimated. The risk that this project presents to existing families, farms and the environment in East Canaan, North Canaan, Norfolk, the Blackberry River Valley and adjacent environs is real: Asphalt plants pose a threat to both public health and property values. Asphalt manufacturing generates fumes linked to cancer and respiratory ailments. Pollutants include benzene, arsenic and formaldehyde. The presence of asphalt plants in residential zones drives down property values. In the new reality of respiratory COVID how can this be an acceptable risk to our communities.

In addition to the health risks the proposed site sits atop a Surficial Aquifer Potential Area in East Canaan. These areas have been identified as having the “greatest potential for groundwater yield” by the Housatonic Valley Association. Potential need of these aquifers to support local wells and the public water supply should be more than enough to kill an asphalt plant from being built at this location. In addition CT Gen Stat § 22a-196 states that, “No asphalt batching or continuous mix facility shall be located in an area which is less than one-third of a mile in linear distance from any hospital, nursing home, school, area of critical environmental concern, watercourse, or area occupied by residential housing.” For all these reasons and more along with the unknown effects of Climate Change on our water supply, how can we jeopardize this river and aquifer as a potential source of clean fresh water?

It has been said that anyone who passes through the Blackberry River valley on a windless day knows immediately that the air does not disperse very well given the odor of cow manure and silage storage that hangs in the air. Depending on which way the air is moving that sweet smell can be noticed from Norfolk to North Canaan. Can we really permit adding to that mix of relatively benign methane and hydrogen sulfide new emissions of large chain aromatic hydrocarbons and other volatile organics and nitrous oxides, and the risk of photochemical emissions that would result from an Asphalt plant in the valley at East Canaan? Are we all ready to accept this dangerous blend of petroleum asphalt air toxins that threaten human and environmental conditions?

It was with these health and environmental hazards in mind that the organization Stop the Asphalt Plant (STAP) was formed. Our mission is to ensure the continued protection of the health, safety and environmental stability of our communities and our people.

In the years since the group was formed we have written dozens of Letters to the Editor and Press Releases about the dangers of this asphalt plant. Sent email mailings and postal mailings to thousands and posted to social media garnering support. We have found that people from the source of the Blackberry River to its joining with the Housatonic and adjacent lands are all impacted, and that the concerns about water, air and natural beauty of our area go beyond our focus on the proposed Metcalf asphalt plant.

It is a larger picture.

What kind of towns do we want here? What are the values that we have in common that we will act on to uphold? What will be the decisions that will ensure that the kind of town we want happens? What are our shared responsibilities to ensure that the air, water and the beauty of the landscape is maintained? What is the common good? When do individual and business land use rights become a burden to a town, rather than a benefit? How do we keep our communities small business friendly? How do you weigh a business investment in a town against the health of your neighbors? What is the future of the towns along and nearby the Blackberry River going to be? How do we retain the character of our towns?

Our health. Our environment. Our future.

With all these questions and objectives in mind we have reforged the Stop the Asphalt Plant (STAP) organization into the Blackberry River Valley Protection Alliance.

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.

The Blackberry River Valley Protection Alliance, Inc. remains focused on opposing the siting and development of an asphalt plant in North Canaan, Connecticut at East Canaan due to serious environmental and public health concerns. These efforts will include educating the public and public officials about the risks posed to the environment by the proposed asphalt plant, discussions with administrators and government officials in their administrative (non-legislative) capacities seeking proper application of laws and regulations, legal action to seek compliance with laws and regulations, public education, outreach, and similar activities.

We are also pleased to announce that Blackberry River Valley Protection Alliance, Inc. has been the recipient of funding that will help us to further our mission. This generous funding has enabled us to arrange for the legal representation of attorney Joseph P. Williams of Shipman & Goodwin LLP. Joe’s experience will greatly help us in navigating, understanding and then working with our local and State officials to protect our people and our environment.

Start at the source of the Blackberry River in Norfolk, Connecticut, ride down the valley into East Canaan and see for yourself that it is a rural area of family farms, a vineyard, a fishing club, residences, a church and state park. This proposed asphalt plant poses a risk to area drinking water wells and aquifers, our health, our safety, our general welfare and property values in the entire region. It is time to help protect the environment that in turn sustains us.

This is an exciting new beginning!

Join us. It is your neighborhood too.

Please help us to get the word out about our ongoing fight to stop the asphalt plant in East Canaan and our expanded mission of environmental protection and conservation in North Canaan and adjacent towns in the Blackberry River watershed and its environs.

Thank you from the Board of Directors of Blackberry River Valley Protection Alliance, Inc.

Dolores Perotti – President Director
Robin A. Markey – Treasurer Director
Diana S. Paruta – Secretary Director
Bernard Re, Jr. – Director
Dorothy J. Kelley – Director
Lynn Fowler – Director
Mary N. Perotti – Director
Robert N. Anderson – Director

You can help us now by joining the Blackberry Alliance. You can sign up online at: www.protectourvalley.org. We are asking for your participation in our fight to protect this beautiful Valley.

For more information email Blackberry River Valley Protection Alliance, Inc. at brvpalliance@gmail.com. Or visit https://www.blackberryrivervalleyprotectionalliance.org/.

Blackberry River Valley Protection Alliance, Inc. is a 501(c)(3) tax-exempt nonprofit organization. Donations, bequests, transfers and gifts are fully tax-deductible to the fullest extent allowed by law.

Saturday, May 9, 2020

Court ordered approval of "warm mix asphalt plant" to site plan

On April 20, 2020 the Superior Court of Litchfield County ordered, "...the PZ to issue an approval of the 2018 site plan application "..to "add a warm mix asphalt plant.." on the B. Metcalf Asphalt site in the Village of East Canaan in the town of North Canaan. Read full court decision HERE.

This court approved site plan for the asphalt plant...the Judge ruled that after 65 days Metcalf gets an automatic approval because the wording included in the 2016 special permit allowed a heated dryer for the aggregate to make the cold patch and that is the same as a Warm Asphalt Plant. It is not the same but at the hearing, no one explained that to the Judge. No one explained that the proposed Warm Asphalt Plant is sited adjacent to residences and 1⁄3 of a mile from the Blackberry River which is in itself against statutes in CT.

The effort to stop this from being permitted by the state of Connecticut now begins.

The truth of the Metcalf asphalt debacle is simple

The original ZEO appears to have done no research into the uses at the Mulville property before encouraging the Planning and Zoning to approve a special permit for Cold Patch processing. It seemed to be a business friendly decision with a seemingly sincere B.Metcalf who reassured the Commission and the neighbors that cold patch was all he intended to do.

Two years later B, Metcalf showed up at a Planning and Zoning Meeting with a lawyer and plans for a 4 million dollar Warm Asphalt Plant. The Planning and Zoning Commission not only had no lawyer at the meeting but the town attorney was retiring and no new attorney had been hired.

When the Planning and Zoning Commission handed back the application at that meeting because they thought that was the correct thing to do, there was no town attorney to advise them to actually vote on the application. Evidently no one except Metcalf’s Attorney knew about a rule that says you have to make a decision on the application before 65 days go by. Metcalf had already filed his 1st of 3 lawsuits against the town so everyone thought it was a waiting game. The neighbors tried to become intervenors in the lawsuits twice and were denied twice.

Two years later in April of 2020 the Judge ruled that after 65 days Metcalf gets an automatic approval because the wording included in the 2016 special permit allowed a heated dryer for the aggregate to make the cold patch and that is the same as a Warm Asphalt Plant. It is not the same but at the hearing, no one explained that to the Judge. No one explained that the proposed Warm Asphalt Plant is sited adjacent to residences and 1⁄3 of a mile from the Blackberry River which is in itself against statutes in CT.

“The law is simply human will written down. The law must let every acre of living earth be turned into tarmac, if such is the desire of people. Soon we'll know if we were right or wrong”
       - Richard Powers from the Overstory

Since the town didn’t stop this, how can the state allow it to go forward?

An asphalt plant does not belong on a used up gravel mine above the recharging area for the Aquifer that feeds all our wells.

It does not belong here.

---

What does this now approved asphalt plant site mean to the Town of North Canaan?


Here's how you can help...

Please copy and paste the below letter (add your own words if you prefer) into your email program and email to the following:


Justin Kronholm is our contact at the Attorney General Office for the State of Connecticut
EMAIL:  justin.kronholm@ct.gov
Telephone: 860-808-5191

Maria Horn
Legislative Office Building, Room 4000
Hartford, CT  06106-1591
1-800-842-8267
860-240-8585
EMAIL: maria.horn@cga.ct.gov

Jahana Hayes
U.S. House of Representatives
108 Bank Street, 2nd Floor
Waterbury, CT  06702
860-223-8412
EMAIL:  go to https://hayes.house.gov/contact/email-me

Craig Miner
Legislative Office Building
Room 3400
Hartford, CT  06106
800-842-1421
EMAIL:  https://ctsenaterepublican.com/contact-miner/

Richard Blumenthal – only via email
860-258-6940
Fax 860 258-6958
TO EMAIL:  http://www.blumenthal.senate.gov/contact
You will be asked to select an issue – choose Environment

---(copy letter below)---

Dear _________________

I am writing to express my deep concern regarding the potential construction of an asphalt plant in my town of North Canaan, CT.

The Litchfield Superior Court recently ordered the North Canaan Zoning Board to approve the site modification plan for B. Metcalf Paving, Inc. that includes the construction of a “warm” asphalt plant. The location of this site is within 1/3 of a mile of the Blackberry River (stocked with fish by the CT Department of Fisheries), the Beckley Furnace State Park and multiple personal residences. This seems to be in violation of CT DEEP regulations for clean air. The site is also on top of a potential water aquifer and a water course that supplies well water to many surrounding homes.

The judge’s decision relates strictly to a local zoning issue. He did not have any environmental evidence to consider as a group of residents were denied the right to intervene in the case to bring into consideration the detrimental effects that asphalt plants have on the health and well-being of those within the radius of any asphalt plant.

We ask for your help to investigate this and help the citizens of North Canaan maintain a safe and healthy quality of life.

Thank you for your consideration to this request.

Respectfully submitted,

YOUR NAME
ADDRESS
TELEPHONE
EMAIL

---(end letter)---


To be noticed we must speak out - together.


You are encouraged to file a complaint with the Attorney General regarding this issue at https://portal.ct.gov/AG/Common/Complaint-Form-Landing-page - Thank you.


You will need these details when you file your complaint:

Who is your complaint against?

  • Name Of Business Entity Or Provider Of Services: B. METCALF ASPHALT PAVING, INC, Et Al
  • Complainee First Name: Benjamin
  • Complainee Last Name: Metcalf
  • Street Address: 235 East Canaan Road
  • City/Town: North Canaan
  • State: CT
  • Zip Code: 06018
  • Phone Number:  (860) 435-1205
  • Email Address: bmetcalfasphalt@sbcglobal.net
  • Buisness Website: https://www.bmetcalfasphalt.com/

North Canaan, Connecticut contacts to email your displeasure to as well are:

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


Ask to get on our email list. Thanks!


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Tuesday, January 14, 2020

North Canaan Asphalt Plant awaiting judge's decision in Metcalf case

January 2, 2020 from The Lakeville Journal:

Court to rule. (click to enlarge for easy reading)
Please keep the pressure on!

Read about court case here.

Please voice your objection via email!

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

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


with your Social Media network. Thank you!
   

Wednesday, November 27, 2019

Metcalf Asphalt Plant Environmental Injustice

A fight for environmental justice in North Canaan

Environmental injustice occurs when certain groups carry a greater share of environmental risks and hazards and lack the power to influence decisions about the environment. Ben Metcalf hopes the people of North Canaan lack the power to influence decisions which will have a significant impact on their environment and their homes. If he wins, he will have carried out environmental injustice.

Ben Metcalf is on his third lawsuit against our town. He is using a writ of mandamus to try to get a Judge to command our town to issue him a permit to build an asphalt plant. He is making a motion in limine to preclude any evidence at the trial. Evidence that should be presented in a town hearing for the townspeople of North Canaan to decide upon.

Ben Metcalf does not want our town to make its own decisions. He wants to be the only decision maker. He does not want to follow town and state regulations.

Being on the Stop the Asphalt Plant Committee (STAP) is different from serving on other boards or committees. We are fighting for our homes and the future of our town. According to the Blue Ridge Environmental Defense League, asphalt plants have negative effects on property values and health. One study documented property value losses of up to 56%, and another showed nearly half the residents had negative health effects. The EPA lists many chemicals involved in asphalt production as known carcinogens.

STAP is very grateful to the hundreds of citizens of North Canaan for showing up at meetings, signing petitions and even sending donations to cover legal fees and the cost of flyers. The public support is heartening.

Thank you,
Dolores Perotti

Please voice your objection via email!

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

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


with your Social Media network. Thank you!