Showing posts with label Metcalf. Show all posts
Showing posts with label Metcalf. 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!


with your Social Media network. Thank you!
   



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!
   

Thursday, December 5, 2019

SPECIAL NOTICE Court Date Change

Court date changed...

Click to enlarge and read this Letter to the Editor.

Citizens of North Canaan:

On December 3, 2019 DECEMBER 11, 2019 the court will hear arguments regarding the (writ of) * mandamus filed by B. Metcalf Asphalt Paving, Inc against the Town of North Canaan. The writ requests that the court order the approval of the Site Plan Modification for Metcalf to build a Warm-Mix Asphalt Plant in North Canaan that the town returned without action. The court will hear arguments from both sides.

If you are available to attend this hearing in support of the Town in objection to this court ordered approval to site an asphalt plant in North Canaan it could be a powerful statement to the court. But please, if you attend, no demonstrative exhibits like signs and props for they would not be appropriate in the courtroom.

Location: LITCHFIELD JUDICIAL DISTRICT COURTHOUSE AT TORRINGTON
50 Field St, Torrington, CT 06790
Date: December 3, 2019
Time: 11 a.m.

Thank you.

* A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

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!
   

Thursday, September 19, 2019

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!
    






Tuesday, June 18, 2019

What would an "Environmentalist" do?

About Warm (Green) Mix Asphalt

“...Even a so called Green Mix facility only yields a reduction of about 33% leaving 67% of dangerous Asphalt Fume (inhalable benzene ) and crystalline silica in the environment…”

“...Groundwater contaminated with chemicals, pesticides, gasoline or oil can cause serious human and animal health problems. Those who drink it or come in contact with it can suffer diseases, nervous system disorders, liver or kidney failure, or cancer…*

ANY ASPHALT MAKING OR STORAGE presents a real and present danger to the quality of life in our whole town.

Water in canning jar with Cold-Patch Metcalf Asphalt. And what about the effects of a large Warm Mix Asphalt manufacturing plant at this site?
Housatonic Valley Association documented North Canaan, Connecticut Wetland Soils & Aquifer Potential Areas (see map below)

They have documented a potential aquifer under this property.

Asphalt making and storage risks contaminating the groundwater going into the Blackberry River and aquifers that feed town water well system and private wells.

North Canaan, Connecticut Wetland Soils & Aquifer Potential Areas.

BLUE CROSSHATCH AREAS are Surficial Aquifer Potential Areas Considered to Have the Greatest Potential for Groundwater Yield

ASPHALT SITE IS within one-third mile of a watercourse and within one-third mile of residential housing.

Attorney General's Opinion on "...asphalt batching or continuous mix facility..." sites Sec. 5. This act shall take effect from its passage, except that section 1 shall take effect October 1, 1998.

"...The language of the public act is quite plain. Any asphalt batching or continuous mix facility not in operation as of December 31, 1997, may not be located less than one-third of a mile from any of the sites listed. According to the information you have supplied to me, the Fedus Colchester plant is located within one-third mile of a watercourse and within one-third mile of residential housing and, as of December 31, 1997, it was not in operation. If those are the facts regarding the location of the plant and its operation, the currently pending application to renew the permit to construct the plant must be denied as the statutory language prohibits location of such a facility, inter alia, within 1/3 mile of residential housing and within 1/3 mile of a watercourse. ..."

Stormwater Contamination Danger from Reclaimed Asphalt Pavement:

“... Field samples taken from various local sites were collected during the first-flush period of a rainstorm, in addition to laboratory-generated runoff samples from both virgin hot mix asphalt and reclaimed asphalt pavement. … Overall, reclaimed asphalt pavement (RAP) runoff was shown to have higher concentrations of petroleum hydrocarbons and greater complexity than virgin asphalt. … One goal for this project is to raise attention to a matter that has widely been overlooked, and one that may be far greater in magnitude than has been yet realized.

Report: The Effect of Asphalt Pavement on Stormwater Contamination by WORCESTER POLYTECHNIC INSTITUTE https://web.wpi.edu/Pubs/E-project/Available/E-project-052810-151011/unrestricted/Asphalt_and_Stormwater_IQP_2010.pdf

Asphalt Plants are Regulated under Connecticut’s Aquifer Protection Plan:

“...a comprehensive and coordinated system of land use regulations should be established that includes state regulations which protect public drinking water wells located in stratified drift aquifers… (Stratified Drift Aquifers consist of stratified layers of sand and gravel. Most productive aquifers. High permeability/moderate porosity. Susceptible to pollution)…”...

“... What Are The Effects of Groundwater Contamination? According to Connecticut’s Aquifer Protection Area Program (which North Canaan has adopted) Municipal Manual groundwater contaminated with chemicals, pesticides, gasoline or oil can cause serious human and animal health problems. Those who drink it or come in contact with it can suffer diseases, nervous system disorders,liver or kidney failure, or cancer. Detection and treatment of contaminated water can be very expensive, much more expensive than taking steps to prevent the contamination from occurring in the first place. …” More at Connecticut’s Aquifer Protection Area Program HERE.

The owner of Metcalf Paving says he is an "environmentalist".

What do you think?

Tell them:
STATE NWCT REPRESENTATIVE: Maria.Horn@cga.ct.gov
DEEP: deep.aquiferprotection@ct.gov
TOWN OF NORTH CANAAN:
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 the STATE OF CT attorney.general@ct.gov to look into the matter of Metcalf continuing to expand the "non-conforming" designation of his property without the citizens of North Canaan having their due process.


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!
    


Action Continues

While we have had an initial success in getting our zoning regulations amended to NOT PERMIT Asphalt production in all zones of North Canaan, our fight continues.  Metcalf's lawsuit against the zoning board continues in court and we are awaiting a decision by the judge on whether to allow Metcalf to proceed on a technicality. The judge could actually decide to let Metcalf proceed without any further say from the town's people. The judge may also agree with the town, that with no zoning provision to allow asphalt manufacture the result would have been the same even if the application was accepted - it would have been disallowed.

Many people think that the new amendment to our zoning regulations is stopping Metcalf - but it is not. For we know Metcalf is appealing the decision of the zoning board to not permit asphalt production in our town. Metcalf is clearly ignoring this town vote and the overwhelming support by townspeople to halt any asphalt production in North Canaan. So again, "We do not want your plant in North Canaan Mr. Metcalf!"

So, please spread the word that this battle continues. His lawsuit continues and he keeps filing appeals both of which the town must spend resources to answer.

So keep the signs up and keep emailing/writing your town and state officials.

Keep North Canaan healthy.

Contact:
STATE NWCT REPRESENTATIVE: Maria.Horn@cga.ct.gov
DEEP: deep.aquiferprotection@ct.gov
TOWN OF NORTH CANAAN:
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 the STATE OF CT attorney.general@ct.gov to look into the matter of Metcalf continuing to expand the "non-conforming" designation of his property without the citizens of North Canaan having their due process.



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!
    


Friday, March 22, 2019

Asphalt Mess

Cold Patch Asphalt

 

B. Metcalf Asphalt Paving product, East Canaan, CT.
B. Metcalf Asphalt Paving product, East Canaan, CT.

This is what B. Metcalf is making up the hill from our house .. he makes it outdoors in an old gravel mine that sits above the aquifer that fills my neighbors and our wells... he is suing the town to put in a 4 million dollar plant so he can make LOTS more.

Dolores Schaefer Perotti
Facebook Post: March 19, 2019 at 5:28 PM (view post)


Here's how to: Voice your objection!

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Friday, March 15, 2019

Vigilance

Cold Patch to Warm Mix Asphalt: The proposed Warm Mix Asphalt Plant is an oily and more toxic slippery asphalt slope


A few weeks ago the Canaan ZBA (Zoning Board of Appeals) lifted the Cease and Desist order on B.Metcalf Asphalt and allowed them to keep manufacturing their Cold Patch Asphalt product in East Canaan. Why this expanded use of allowing the manufacturing a unique new product on this property was ever allowed - under a pre-existing “non-conforming” use - is a good question. As is the question at the root of the matter does “processing asphalt” mean “manufacturing asphalt”. But we cannot allow further expansion of any asphalt manufacturing on the 15 Allyndale Road property or the Metcalf property at 235 East Canaan Road where Metcalf is now seeking a court ordered permit (Hearing Date set for May 14, 2019) to build a plant to manufacture Warm Mix Asphalt. We must be thorough and definitive as a community. We need to insist that the North Canaan Zoning Board state that there is a difference between “processing” and
December 22, 2012 by the former Zoning Enforcement Officer regarding “processing of asphalt” at 15 Allyndale Road by Metcalf
December 22, 2012 letter (click to enlarge)
“manufacturing” and that allowing “processing” was never meant to allow “manufacturing”. We need to insist that the letter of December 22, 2012 by the former Zoning Enforcement Officer regarding “processing of asphalt” at 15 Allyndale Road be clarified to state that “...processing of asphalt, brick and concrete intermittently with a portable crusher… and processing equipment to utilize millings.” was not intended and should not now be interpreted in any way to allow the “manufacture of a new and unique asphalt product” as a continuation of a pre-existing “non-conforming” use on either property. Regarding the Warm Mix Asphalt plant site modification plan submitted by B. Metcalf Paving, Inc. that is in court, we as a community need to be vigilant and actively seek advice and intervention on this matter from the State of Connecticut Attorney General and the DEEP where applicable, regarding water and air quality permitting and the State Statute CT Public Act 98-216 (22A-196) governing the site location of any “batching or continuous mix facility” located within one-third mile of a watercourse and within one-third mile of residential housing.

THE TIME TO TAKE ACTION IS NOW!

Please copy this message into your email: SUBJECT: Stop the Asphalt Plant in East Canaan CT
Send to:
zoning@northcanaan.org
selectman@northcanaan.org
cwhiting57@yahoo.com
christianallyn@gmail.com
attorney.general@ct.gov - William Tong
Maria.Horn@cga.ct.gov
deep.aquiferprotection@ct.gov

Wednesday, March 6, 2019

STAP Sign

Here is a STAP sign to use as lawn or car window sign!


FOR PRINTABLE SIZE: 
  1. Click image above then...
  2. On image page right-click mouse button, select "View Image"
  3. Select "Print" from "File" menu at top left of screen window
  4. Display on Lawn or in Car Window.

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!

Monday, March 4, 2019

Aquifer Risk

Housatonic Valley Association documenting North Canaan, Connecticut Wetland Soils & Aquifer Potential Areas

There is a potential aquifer under this property. This also risks contaminating the groundwater going to aquifers that feed town water well system and private wells .

BLUE CROSSHATCH AREAS are Surficial Aquifer Potential Areas Considered to Have the Greatest Potential for Ground Water Yield

Housatonic Valley Association documenting North Canaan, Connecticut Wetland Soils & Aquifer Potential Areas
Housatonic Valley Association documenting North Canaan, Connecticut
Wetland Soils & Aquifer Potential Areas (detail from original map).

Attorney General's Opinion on "...asphalt batching or continuous mix facility..." sites Sec. 5. This act shall take effect from its passage, except that section 1 shall take effect October 1, 1998. The language of the public act is quite plain. Any asphalt batching or continuous mix facility not in operation as of December 31, 1997, may not be located less than one-third of a mile from any of the sites listed. According to the information you have supplied to me, the Fedus Colchester plant is located within one-third mile of a watercourse and within one-third mile of residential housing and, as of December 31, 1997, it was not in operation. If those are the facts regarding the location of the plant and its operation, the currently pending application to renew the permit to construct the plant must be denied as the statutory language prohibits location of such a facility, inter alia, within 1/3 mile of residential housing and within 1/3 mile of a watercourse.

Here's how to: Voice your objection!

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

Sunday, March 3, 2019

Voice your objection

Here's How to:

Voice your objection!

 

NO COLD PATCH OR WARM MIX ASPHALT: 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!

State of Connecticut: Email Contacts:
attorney.general@ct.gov - William Tong
deep.aquiferprotection@ct.gov

Other Town Official Email 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


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

Saturday, March 2, 2019

Featured

Read about it and watch the videos...


- Asphalt Dilemma Video - soon to be shown at the Salem Film Festival...
- Attorney General's Opinion on "...Any asphalt batching or continuous mix facility..." - contact your state officials...
- Here's how to: Voice your objection! - contact list...
- Sign Petition - your voice counts...
- Donate - to help get the word out...
- Timeline  -  (as of February 17, 2019)
- No Asphalt Video - don't let them change "Our" town...

Use as lawn or car window sign!

FOR PRINTABLE SIZE: 
  1. Click image above then...
  2. On image page right-click mouse button, select "View Image"
  3. Select "Print" from "File" menu at top left of screen window
  4. Display on Lawn or in Car Window.


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



Friday, March 1, 2019

Asphalt Batching and Manufacturing Danger

B. Metcalf Paving, Inc is threatening Canaan’s health, air, and water by risking the batching and manufacturing of asphalt in our town.

Asphalt Batching and Manufacturing Danger 

  • EMIT TOXIC FUMES - THAT WE WILL ALL HAVE TO BREATH
  • ARE LOUD AND NOISY AND EMIT CLOUDS OF DUST AND STEAM - AIR POLLUTION RISK
  • CAUSE PROPERTY VALUES TO FALL - WHICH MEANS AN INCREASE IN OUR TAX RATE
  • ARE A DANGER TO AQUIFERS, THE RIVER, WELLS - A WATER POLLUTION RISK
STOP the Asphalt Plant. STAP! Say NO to this Asphalt Batching and Manufacturing Plant!

B. Metcalf Asphalt is seeking a site modification approval to be allowed to add a Warm Mix Asphalt Batching and Manufacturing Plant to their site on East Canaan Rd, adjacent to residential neighborhoods and 1/3 of a mile from the Blackberry River.

Warm Mix Asphalt Batching and Manufacturing Plant
site is adjacent to residential neighborhoods and
1/3 of a mile from the Blackberry River.



An asphalt plant could have a very negative impact on your home values . Studies show a very negative impact on home values – of up to a 30% decrease. And in a property value study by the Blue Ridge Environmental Defense League documented losses of up to 56% were found because of the presence of a nearby asphalt plant.

There is a potential aquifer under this property. This also risks contaminating the groundwater going to aquifers that feed town water well system and private wells . According to the U.S.Government, the " health effects from exposure to asphalt fumes include headache, skin rash, sensitization, fatigue, reduced appetite, throat and eye irritation, decreased fertility, adverse birth outcomes, liver damage, cough, and skin cancer."

Even a so called Green Mix facility only yields a reduction of about 33% leaving 67% of dangerous Asphalt Fume (inhalable benzene ) and crystalline silica in the environment. Once North Canaan has one asphalt plant, we will be contending with the possibility of having more. AN ASPHALT PLANT presents a real and present danger to the quality of life in our whole town.

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!
    


Protect Our Town

Letter to the Editor: By Sally-Green

Protect Our Town from asphalt making
Protect Our Town

(CLICK IMAGE TO ENLARGE)

CRUSHING Asphalt is NOT Making Asphalt

Letter to the Editor:

Crushing Asphalt is not making Asphalt

It is more than a little disturbing that a letter dated May 24, 2007 from Michael Mulville to the North Canaan Planning and Zoning commission about his property at 15 Allyndale Rd has turned into the upsetting and expensive issue of a possible Warm Mix Asphalt Plant in our town.

The letter states:

“This letter is in regards to a few jobs I would like to deliver gravel to. It is our intent to haul gravel to these sites and in return we will be hauling out the old asphalt and concrete. We will be crushing the asphalt and concrete to use on our driveways and roads here at our business. This helps us to hold our dust levels down.” That is what Mr. Mulville’s letter said.

As a citizen in a town that has zoning regulations that dont include asphalt as an allowed use, I dont understand why the letter from Mr. Mulville has allowed B.Metcalf to now manufacture asphalt in our East Canaan neighborhood.

"Crushing of old asphalt and concrete for the use of driveways and roads to be used on site to hold dust levels down". This sentence has turned into B.Metcalf making Cold Patch Asphalt.

According to B.Metcalf's previous lawyer he makes cold patch using room temperature environmentally green emulsifier in a closed environment.

In December at the Zoning Board of Appeals at the North Canaan Town Hall, B.Metcalf admitted he uses diesel fuel in his 150 degree asphalt Binder outdoors.

Many of the citizens of North Canaan would like to know how B. Metcalf has a prior approval of a non conforming pre existing use for Asphalt Manufacturing in an Residential Agricultural Zone from Mulvilles letter of 2007. We are also very frightened of this turning into a Warm Mix Asphalt Plant at 235 East Canaan Road.

Attorney Shipman continually calls the concerned north Canaan residents confused. We are completely aware of the difference between a Cease and Desist at 15 Allyndale Rd and a proposed Asphalt Plant at 235 East Canaan Road.

Dolores Perotti
North 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!
    


There is nothing “just” about MANUFACTURING ANY ASPHALT in East Canaan!

Letter to the Editor February 21, 2019

There is nothing “just” about MANUFACTURING ANY ASPHALT in East Canaan!

There is nothing “JUST” about allowing a “pre-existing non-conforming use” when there is NO SUCH DOCUMENTED “PRE-EXISTING” USE of manufacturing an asphalt product on this site. EVER! And certainly nothing “JUST” in a strategy to REDEFINE “processing” as “manufacturing”!

How can we trust a Metcalf assertion that, “The processing of cold patch on site will create no adverse environmental consequences. The sand and gravel would be used dry and mixed with a room temperature, environmentally green emulsifier…”. When data provided by Metcalf from Gem-Seal GemPatch Cold Patch Safety Data Sheet product used by B. Metcalf to manufacture their Cold Patch Asphalt says otherwise: “Section 3: COMPOSITION / INFORMATION ON INGREDIENTS: Diesel No. 2.”

Cold Patch Asphalt coating inside a jar. And NOW they want to get permitted to build Warm Mix Asphalt manufacturing facility!
Cold Patch Asphalt coating inside a jar.
And NOW they want to get permitted to build
Warm Mix Asphalt manufacturing facility!



I don’t think that DIESEL FUEL HAS EVER BEEN REFERRED TO BEFORE as an “...environmentally green...” anything. Of course THE REAL DATA on Diesel No. 2 from Citigo Safety Data Sheet Diesel No. 2 is that “among the risks: ACUTE TOXICITY (inhalation) Ingredient Name: Benzene.”

There is nothing “JUST” about Asphalt Fumes (or as it seems the Metcalf GemPatch Cold Patch sheet likes to call it “MIST”) from asphalt manufacturing. It is NOT “just a nuisance”... NOT just smell. Asphalt Fume Hazard statements assert that it can “...cause skin, respiratory, and eye irritation. Could potentially be harmful if swallowed or inhaled. Suspected carcinogenic; the International Agency for Research on Cancer (IARC) has determined that there is sufficient evidence for the carcinogenicity of asphalt fumes.”

More DATA SHOWS that... “Benzene is a chemical with a specific OSHA regulation. OSU Chemical Safety Committee has classified the chemical benzene as a High hazard carcinogen. Use of this chemical must be registered and controlled, Long-term exposure, even at very low concentrations, may cause incurable, fatal blood disorders such as anemia or leukemia.”

And REMEMBER THAT strategy that REPRESENTED that it “...would be used dry and mixed with a room temperature…” There is certainly nothing “JUST” about… the dangers presented to the North Canaan Zoning Officials as evidenced in the CEASE AND DESIST order statement; “The Zoning Enforcement Officer asked if the temperature of the HOT “Cold Patch Asphalt” was safe to hold in the hand and the employee of B. Metcalf replied it will cause serious burns.” What happened to the Metcalf assertion of “room temperature”?

Or do the proponents really think it’s “just” the AIR, “just” the WATER, “just” the NEIGHBORS HEALTH, “just” THE QUALITY OF LIFE IN OUR TOWN AND AREA?

There is nothing “JUST” about manufacturing COLD PATCH ASPHALT OR ANY OTHER ASPHALT PRODUCT on this site! Except TO “JUST” SHUT IT DOWN FOR GOOD NOW.

Bernard Re, Jr.
84 Trescott Hill Road
North Canaan CT 06019


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!