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05/23/2017 12:00 AMAngry neighbors are going to have to wait a little longer to see what happens next to a quarry owner who has allegedly ignored three town cease and desist orders for activity on the property. For the second month in a row, a hearing on a quarry located on Barberry Road has been postponed. The decision was made at the May 18 Zoning Board of Appeals meeting.
A lawyer for the owner has since said that quarry operations have ceased and the site is being secured.
The quarry, owned by One Barberry Real Estate Holding, was initially issued a cease and desist order on February 17 for the slashing of trees, which the quarry was allegedly doing without a permit. Residents in the area, including Joe Carfora, who is building a home near the quarry, claim the quarry did not abide by the order and continued the clear cutting of the trees.
An amended cease and desist order was issued to the quarry on April 21 that included the removal of tree stumps, their roots, and disturbance of the soil beneath and around the tree.
Town Attorney Joseph Zullo said the second order also required the quarry to reseed the area and build a berm around it.
A third cease and desist order was issued to the quarry on May 9. That order was to stop all quarrying operations, such as excavation, grading, slashing of trees, and blasting.
Concerned residents gathered at a meeting held at the Foxon Firehouse on May 9, and voiced their concerns about the effects the quarry was having.
Some residents claimed that blasting had caused their foundations to crack, and others brought up concerns that their well water may be affected. It was also brought up that there is a high pressure natural gas line that runs near the quarry property that could be affected as well.
Zullo attended the May 9 meeting to represent the town, and noted that the quarry had recently applied for a blasting permit, but was denied by the town. Zullo also said he was instructed to resist efforts for the quarry to operate outside the cease and desist order.
The quarry also extends into North Branford, and Zullo said that North Branford residents have been having issues with the quarry as well. However, he said the town has no jurisdiction on the North Branford side.
In addition to the three cease and desist orders issued by the town, the quarry was also issued a letter from the Connecticut Department of Energy & Environmental Protection, which stated that it had not received an application for a general permit for the discharge of stormwater associated with industrial activities.
The letter, dated April 18, stated the quarry must submit an electronic registration form and registration fee within 45 days of the receipt of the letter. The letter also said the quarry must submit a stormwater pollution prevention plan within 45 days as well.
Another concern that Carfora raised is whether the property was a preexisting quarry before zoning laws were in place.
He provided letters from Zullo in 2013 that stated there were no materials in the zoning files that indicate the quarry has “long been recognized as pre-existing, nonconforming with regard to quarrying and excavating rock.”
However, Carfora provided another letter from former Planning & Zoning Administrator Frank Biancur, Jr., in 2014 that stated the quarry was a “legal pre-existing, nonconforming use.”
At the May 18 Zoning Board of Appeals meeting, Attorney Steven Sosensky, who is representing Carfora, said neighbors of the quarry have brought to his attention that there’s still activity at the quarry.
Attorney Robin Pearson of Alter and Pearson, LLC, which represents the owner of the quarry, said the quarry has ceased operations and is taking actions to secure the site. She also said the quarry has complied with whatever the town has asked it to do.
Zullo said the quarry is dismantling equipment, so trucks may still be coming in and out. He also said the town will independently verify whether the quarry is still not adhering to the cease and desist orders, and will take further action if needed.
Since the amended cease and desist order for the slashing of trees supersedes the first, the hearing on the quarry will now take place at the June 15 Zoning Board of Appeals meeting. The cease and desist order for quarrying will also be addressed at that meeting.