In the most recent of these Metcalf VS Town of North Canaan 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 it could not void the amendment “...contingent upon some event that has not and indeed may never transpire.” It is important to note here that this amendment does not necessarily apply to any pre-existing and permitted activity regarding asphalt activity that this amendment now prohibits.
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| Click image to enlarge for more readable print. |
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| Click image to enlarge for more readable print. |
But it is that future event that is still looming over our communities.
The following is a letter sent to Selectmen and presented during a Zoom Selectmen's meeting on March 1, 2021. See Waterbury Republican article and Selectmen's office response at end.
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February 23, 2021
To the Board of Selectmen
Town Attorney D. Randall DiBella
North Canaan Town Hall
Pease Street
North Canaan, CT 06018
Dear Sirs and Madams:
We are writing on behalf of the many town residents that are opposed to the potential asphalt plant construction in East Canaan.
We understand that Mark Shipman, the attorney for B. Metcalf Paving and 235 East Canaan Road, LLC has filed a Brief in Opposition in the Litchfield Superior Court in answer to the Town’s “Motion to Dismiss for Mootness” regarding the case against the Planning & Zoning Commission’s Amendment to prohibit asphalt plants in our town.
It is imperative that the Board of Selectmen act to defend this town approved zoning regulation and act in unity to request the town attorney, D. Randall DiBella, to do everything possible to win this case for the people of the Town of North Canaan.
Over 200 concerned citizens attended the Public Hearing on May 13, 2019 to overwhelmingly express their opinions that the text amendment be added to the town’s Planning and Zoning regulations to prohibit asphalt manufacturing and production in our town.
The Planning and Zoning Board ultimately approved the amendment per their letter dated May 13, 2019 – “To Prohibit the Manufacturing, Production and/or storage of Asphalt in all Zones”.
We believe that the town is required to have public safety and wellbeing as their first and foremost responsibility to their citizens, the people who live here, not the interests of a single small business owner from outside our town. The industry Ben Metcalf is proposing is a toxic one with long lasting negative effects on the environment. We need to think of the future of our town and future generations, not the here and now.
Our concern is that all the efforts and hard work that our grassroots organization has accomplished to prohibit any further asphalt production in our town will be undone should B. Metcalf Paving win the lawsuit and the amendment be overturned. We are willing to work with our town officials going forward to ensure the continued protection of the health and safety of our town and its people.
Respectfully,
Members of STAPEC, LLC
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| News article from March 4, 2021 |
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| Email response from Selectmen's office. |
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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. |
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| Court to rule. (click to enlarge for easy reading) |
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| Click to enlarge and read this Letter to the Editor. |
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| Click to enlarge. |
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| State Statute. Click to enlarge. |
