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