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!
   

Case Dismissed (but)

Case Dismissed but the fight goes on...

The judge for the initial court case filed by Metcalf has dismissed the appeal . 

While this appears to be a major victory for us, our town attorney has indicated that it's extremely likely that Metcalf will take a different route to have the 65 day rule upheld. We expect a new lawsuit will be filed. Consider this an extension to the court battle.

CT Judicial Branch Superior Court - Civil/Family Case Update
Docket Number: LLI-CV18-6018738-S
Case Name: B. METCALF ASPHALT PAVING, INC. vs. THE TOWN OF NORTH CANAAN PLANNING AND ZONING COMMISSION

For more information on this case, select the link below:
http://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=LLICV186018738S

For MEMORANDUM OF DECISION see link below:
http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=17314201

There is no court news on the second lawsuit (dealing with the asphalt amendment approved by the P&Z).

We continue to watch the court updates and will keep all informed when we have information.

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!
    

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!
    

Meeting Sign!

Please plan to attend. But if you cannot please write or email the Zoning Board your support of the amendment restricting asphalt plants and storage in North Canaan. See post below with contact names. What kind of future do you see for our town?

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!
    

Meeting

Come to Public Hearing

Please find below the text that the STAP group is proposing as an amendment to the Zoning Regulations of the Town of North Canaan.

As you know, a public hearing of the matter was set last night to take place beginning at 7:00 p.m. on Monday, May 13, 2019 at Town Hall at 100 Pease Street, No. 3, in the main meeting room.

Article VI Table Of Uses:

To propose an amendment to add the manufacturing, production and/or storage of Asphalt to the list of Prohibited Land Uses in all zones of the town of North Canaan.
This proposal is being specifically identified in accordance with the existing performance standards Art VII A-D, Art VIII Special permit uses A, C 1-6. As well as special InlandWetlands/Watercourse considerations.

Please plan on attending this meeting to support this amendment. 

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!
    

Asphalt Mess

Cold Patch Asphalt

 

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!

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

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 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

Sign petition online at
https://www.change.org/p/north-canaan-zoning-board-help-stop-the-asphalt-plant-in-east-canaan


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!