This is a printer-friendly version of an article from Zip06.com.
06/22/2015 12:00 AMIn recent weeks, the town of Guilford denied J.J. Sullivan Fuel Oils, Inc.'s proposal for a bulk storage/distribution facility at 2772 Boston Road. Now, the company's plans to build a 60,000 gallon facility in North Branford continue to be on hold while the state considers the watercourses application for the company's 40 Ciro Road site plan.
Most recently, J.J. Sullivan's attorney, Jeffrey Beatty of Guilford, was notified by the state that several "insufficiencies" found on the application required a response, according to North Branford Zoning and Enforcement Officer Carey Duques. The town was notified as part of the review process.
"We received a letter on May 18 to the applicant's attorney saying the (state) department has reviewed the referenced application and requiring additional information," said Duques.
The state Dept. of Energy and Environmental Protection (DEEP) requested revised hydrologic and hydraulic engineering computations rather than those submitted from a 2007 engineering report for an industrial subdivision. The DEEP also requested the latest set of plans to include revised grading information on the existing basin; revised erosion and sedimentation control plans; and cited two missing attachments. A copy of the letter, dated May 14, 2015, is posted with this story.
DEEP is undertaking the review following a March 2015 request submitted to the state by Beatty on behalf of J.J. Sullivan. The company is seeking a permit to conduct activity in a wetland or watercourse at 40 Ciro Road. The permit request and site plan was originally submitted to North Branford's Inlands Wetlands Agency (IWA) for review, but the IWA failed to complete the process. First, on Oct. 22, 2014, two IWA members recused themselves from voting on the plan, leaving the IWA without a quorum. Then, on Oct. 31, 2014, citing the end of the 65-day window-of-action, Beatty contacted the DEEP for assistance. The DEEP's initial response (on Jan. 9, 2015) was that a town-level review by a full IWA would be the best and fastest course of action. Later in January, the Town Council appointed new IWA members. However, the decision to use the IWA or DEEP remained with J.J. Sullivan. In early March, the company chose to go the DEEP route.
The DEEP review could take longer than nine months to come together and no other action on the site plan can be taken by the town until it's done. In addition, the town is incurring costs charged by the state, paid bi-monthly during the review period.
Since the J.J. Sullivan application for a 40 Ciro Road facility was first approved by the PZC in Aug. 2014, a group of concerned North Branford citizens have been vocally opposed; gathering at meetings, employing an attorney and rallying as an on-line community. While the facility's site plan review may be stalled; other action has been taken. On May 21, the town's Planning and Zoning Commission (PZC) approved an application from citizen Chris Kranick to amend zoning laws concerning bulk propane storage/retail facilities. The amendments, effective as of June 8, create more specific conditions and additional safety protocols. The question now is whether the amendments can be applied to an existing plan, such as J.J. Sullivan's. During the public hearing process on Kranick's amendment application, depending on which side was offering a legal opinion, it appears there is case law showing the town could either apply the amendments, or allow the 40 Ciro Road plan to be "grandfathered" without change.
In Guilford, as reported by Zip06, the town's PZC vote in June not only turned back J.J. Sullivan's 2772 Boston Post Road facility proposal, but effectively ended opportunities for other companies to make similar proposals. In 2014, the Guilford PZC also rejected J.J. Sullivan's request to add a 30,000-gallon propane storage tank to its existing Guilford facility at 229 River St.
With regard to the recent vote, Guilford PZC Chairman Richard Meier told Zip06, "...we adopted a definition (that passed unanimously) that differentiates between storage and distribution. Storage could be seen in a large facility that needs to have a stockpile of propane available for heating their building. On the other hand, having a tank that is filled by large tanker trucks and then used to fill local delivery trucks carries far greater danger. An analogy was made between this and flying—the danger is at takeoff and landings versus just flying. Also, far great traffic is seen in distribution sites."
Concerned Guilford citizens rallied against both J.J. Sullivan propane proposals, including months of public testimony when facing down the 2772 Boston Post Road plan. Meier told Zip06 the PZC took public testimony into account when adjusting setback regulations in industrial zones as part of its recent vote.
"The testimony and concern of the residents—as well as a greater understanding of the increased dangers of propane storage, was heard loud and clear by the other commissioners and the proposal was unanimously defeated," Meier said. "By virtue of these votes, there are no locations approved for propane storage in Guilford. There are still the facilities already existing on Soundview Road, and these facilities store more than enough propane for Guilford's needs (in fact they are usually filled to only 60 percent). They are grandfathered in and not subject to the new regulations."
Guilford Zip06 correspondent Jack Kramer contributed to this story.