This is a printer-friendly version of an article from Zip06.com.
01/19/2017 01:00 PMAfter nearly two years in review, a hearing officer with the CT Dept. of Energy and Environmental Protection (DEEP) has issued a proposed final decision recommending issuing an inland wetlands application permit for a 60,000 gallon bulk propane retail/storage facility at 40 Ciro Road.
The permit application was forward to DEEP's Office of Adjudication for review in March 2015 by attorney Jeffrey Beatty for applicant J.J. Sullivan Fuel Co. (Guilford). Beatty requested a DEEP decision on the permit after North Branford's Inland Wetlands Watercourses Agency (IWWA), due to lack of quorum, did not render a decision in within a 65-day window of action in the fall of 2014. The controversial application, for what would be the town's single largest propane storage facility, drew wide opposition from community members with concerns about safety and quality of life issues.
The proposed final decision, dated January 17, 2017 and drafted by DEEP hearing officer Brendan Schain, references applicable state statutes as well as case law. In addition, Schain also addresses several concerns raised by opponents of the facility, including those asserted by community members as part of a Sept. 8, 2016 public hearing held by DEEP in North Branford.
The proposed final decision includes a Feb. 1, 2017 deadline to file exceptions to the findings. If no exceptions are filed, DEEP Commissioner Michael Sullivan could sign off on the decision within one or two days after Feb. 1, 2017. However, if all parties waive the right to file exceptions, the decision could come even sooner. Conversely, if exceptions are filed, it would delay the Commissioner's decision-making process. Should the proposed final decision be approved by Commissioner Sullivan or his designee, DEEP would next direct town staff to issue the permit.
Schain's proposed final decision is separate from a November 2016 petition seeking a declaratory ruling from Commissioner Sullivan on whether DEEP has jurisdiction in the matter, and raised questions about the differences between the application submitted to the town and what was submitted to DEEP. The petition was filed by citizen Peter White, an attorney. Commissioner Sullivan intends to rule on the petition and has requested supplemental information, to be supplied by White, in order to issue a ruling no later than May 17, 2017 (see the story here).
While the proposed final decision and the petition for a declaratory ruling are two separate issues following different lines of procedure, in White's estimation, "...there will be separate though interrelated decisions for each," he told Zip006/The Sound.
DEEP Commissioner's Office of Legal Counsel representative Dennis Schain (a relation of Brendan Schain) said the commissioner or his designee will be mindful that both the proposed final decision and the declaratory ruling are under review.
"I would say that as the proposed final decision would move to the commissioner or his designee to be finalized, as we move towared it, we'll be well aware of the request for the declaratory ruling. We'll take note of the interplay between them," said Dennis Schain.
Regarding the proposed final decision issued on Jan. 17, North Branford Town Manager Carey Duques said she has contacted the town's attorney to clarify the next steps the town would take, should the town be directed to issue the permit. Duques said she plans to notify the Planning and Zoning Commission (PZC) of the proposed final decision, and any update on what the next steps would be, at tonight's scheduled PZC meeting (7 p.m., Town Council Chambers, Town Hall).
Generally, once an IWWA permit is issued, the next step involves an applicant submitting a site plan for review by the PZC, with a public hearing as part of the process.