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08/22/2017 12:00 AMFinal arguments for and against cease and desist orders levied against Farm River Rock quarry on Barberry Road in East Haven took place at a special meeting of the Zoning Board of Appeals (ZBA) on Aug. 10, and at the ZBA’s regular meeting on Aug. 17.
At the Aug. 10 meeting, quarry attorneys Peter Alter and Robin Pearson rebutted the earlier presentation of Zoning Enforcement Officer Christopher Soto and his attorney John Conway; after statements were made, the ZBA closed the public hearing on the appeal. Further discussion on the cease and desist orders against the quarry by the ZBA and a possible decision was tabled on Aug. 10 to allow the board enough time to review all the information presented.
At the Aug. 17 meeting, Town Attorney Al Zullo handed the ZBA members court cases and other information that may assist them in making a decision. He also fielded questions from members regarding laws on nonconforming use and blasting permits, and he said hoped that the board would read as much of the materials as possible so there can be a good discussion at the next meeting.
The next regular meeting of the ZBA is scheduled for Thursday, Sept. 21.
The quarry is appealing two cease and desist orders from the town, one for the slashing of trees and another for quarrying activity. The quarry has filed two lawsuits against the town, one for $25 million against Mayor Joseph Maturo, Jr., and three other town officials, and another for $30 million against the town itself, alleging it was illegally shut down.
One of the major talking points during the previous public hearings was the issue of the 2014 letter from previous zoning official Frank Biancur stating that the quarry was a pre-existing, nonconforming use, meaning that the existence of the quarry predates town zoning regulations.
At the Aug. 10 meeting, Pearson said previous court cases decided that a cease and desist order cannot be used to challenge the validity of a prior zoning decision that was not appealed. Alter elaborated, saying that once a zoning decision is final, such as a decision by a zoning enforcement officer, and no one makes an appeal, then it cannot be challenged in a separate action.
Alter said that while the town does have the authority to regulate the quarry, it doesn’t currently have proper regulations to do so.
“It is the town that should formulate a regulation for that purpose,” said Alter, “It can’t bootstrap it through an existing [zoning code] that can’t apply.”
The quarry was asked to apply for a special exemption under Section 31 of the town’s zoning regulations as part of the cease and desist orders.
Conway offered a brief rebuttal, bringing up safety concerns such as the rock that was found in the road in April and comments from residents in the area who stated they didn’t feel comfortable walking on the road.
He said that the quarry had not applied for a special permit or presented any plans Soto had requested, and argued that there is a provision in the regulations that allows the board to modify or deny a condition of a special exemption.
John Patton, managing partner of the quarry, also spoke at the meeting. Among other things, he accused the town of interfering with his business due to politically motivated actions. He first alleged that the town denied the quarry a blasting permit in September 2015 and was not allowed to blast again until after the municipal election in November 2015.
Next, he referenced minutes from a May 9, 2017 Code Enforcement Committee meeting, where he alleged that Maturo started the meeting by saying he wanted to deprive the quarry of its rights until a court ordered them not to because a resident in the area was building a home and was a spearheading a neighborhood opposition group.
Attorney Lawrence Sgrignari, who is representing Maturo and the other town officials in the civil litigation filed against them, emailed this response to Patton’s claims to the Courier:
“Mr. Patton’s unsupported allegations of delays in issuance of permits and claims of politically motivated action on the part of Mayor Maturo in addressing the quarry operation is an attempt on his part to misdirect the focus from the unsafe and questionable operations at the site. Mayor Maturo and the Code Enforcement Committee have consistently worked hard to protect the residents of East Haven from harm as a result of any violation of the town’s ordinances, regulations and codes, and they will continue to do so in order to preserve the best quality of life for the benefit of the residents.”