Ledyard Planning and Zoning chair won't decide on quarry application

Ledyard ― As Planning & Zoning Commission Chairman Tony Capon announced he will not seek reappointment and would be stepping down at the end of this month, speakers opposing a controversial quarry application Thursday were left wondering what the effect of his departure will be.Capon is not the only high-level official to suddenly leave the land use oversight scene in the midst of the 40-acre Gales Ferry Intermodal LLC proposal to excavate rock at the former Dow Chemical site off Route 12. Juliet Hodge, the former town planner, was suddenly fired by Mayor Fred Allyn III last spring with no explanation after she made comments indicating concerns about the project that is proposed by a subsidiary of Cashman Dredging & Marine Contracting LLC of Quincy, Mass.Capon had been up for reappointment but decided to step down after some reflection, he said in his resignation letter read at a Town Council meeting Wednesday at which his neighbor, Jim Harwood, was added to the panel at his recommendation. "When the stress of serving in a volunteer position in a town exceeds the satisfaction derived from contributing to the town, one needs to decide whether that is the best use of time," his letter read. Capon refused to elaborate on his reasons when interviewed before Thursday's meeting."The past year has been particularly trying and stressful for the commission," Capon, soon to turn 77 and fighting off an illness, said.Capon is not the only person on the commission who will not be part of the ultimate decision on the quarry application, as longtime member Jessica Cobb announced she was leaving the area. In addition, Paul Whitescarver, executive director of the Southeastern CT Enterprise Region, has recused himself from a decision on the project because he has a conflict of interest as leader of the economic development agency.Thursday's hearing, attended by about 100 people, began with a presentation by attorney Wilson T. Carroll, a Gales Ferry native who represents the Gales Ferry Fire District and another property owner. He went through a list of town regulations he believes the quarry proposal is violating, and argued that that Gales Ferry Intermodal cannot argue that rock crushing is allowed under regulations that clearly only foresees the possibility of a temporary operation to clear sites for development."This site is not being actively developed," Carroll said.Carroll also questioned the Gales Ferry Intermodal interpretation of state law regarding whether the commission has discretion to consider the character of local neighborhoods when deciding on an application. He called GFI attorney Harry Heller's contention "a misinterpretation and a distortion of Connecticut law that is designed to discredit public comment.""The proposed quarry would destroy the character of the neighborhood," he added.David Harned of Norwich, a former resident of Gales Ferry who recently sold his home, told members of the commission that he opposed the GFI application on behalf of his old neighborhood."It goes against my grain to argue against new business," Harned said. "I hope the Cashman company will bring a good business to our town and will be successful here."But he said the quarry violates many of the town's zoning regulations. He said all other considerations, such as the need for gravel in Connecticut and the fiscal impact of the project, should be ignored."The applicant is asking for your permission to twist our regulations into a pretzel to gain approval for an unpermitted use," Harned said.Harned's most emotional testimony, about his wife's pulmonary fibrosis diagnosis and the possible effects of silica dust on people near the quarry, left him momentarily unable to read his wife's words, which had to be finished by a member of the audience."When you have idiopathic pulmonary fibrosis, IPF, which means that the cause of your fibrosis has not been conclusively determined, life expectancy is two to five years," the testimony stated. "So trust me, you don't want any silica dust in your lungs. None at all."Among the residents opposing the quarry in written messages to the commission was Virginia F. Beall of 40 Woodridge Circle, who stated "We need more than unsubstantiated assurances that silica dust, water run-off, and increased truck traffic on Route 12 will not produce air pollution, well contamination, and traffic dangers to the people who live, work, and commute in this section of town.""Will the DEEP be monitoring air quality and ground water quality on a regular basis?" Beall asked in her letter. "Will medical authorities be monitoring pulmonary health?" Another letter penned by Christopher J. La Casse of 10 Mull Berry Drive and signed by four others, notes that several people in the area are military veterans, with at least one with a 100% disability due to post traumatic stress syndrome. He asked that veterans not be exposed to the trauma of blasting."For roughly 10 years, we should expect one truck every five minutes to rumble down Route 12 right by school property: Will the busted and jostling material from those dumps further deliver a perpetual cloud of silica to our children?" he asked in his letter to the commission. "Cashman Dredging cannot contain all (or likely even most) of the silica dust."LaCasse also lamented the "unchecked industrial creep" outlined in Gales Ferry Intermodal's future plans for the site, which he said involves "reimagining that area of town as a commercial waterfront destination. While the taxes are high in Gales Ferry, we would never trade our idyllic town and our home's panoramic view of the Thames for an industrial polluter and eyesore that may one day rival the Electric Boat stretch of the Sound in Groton."While residents have generally opposed the quarry, one letter supporting the project was from a Gales Ferry business owner, Chris McLaughlin of B & R Holding Company LLC, who runs a Ledyard rock crushing and quarry operation at Baldwin Hill."We don't need more regulation," he said, saying there have been "almost no neighbor complaints" about his operation. "Regulating quarry excavation and aggregate processing out of existence in the Town of Ledyard would be the wrong thing to do. This is another good business which provides tax revenue for the Town of Ledyard and many jobs for residents of the community."No decision on the quarry was expected Thursday. Other future hearings, to be held at Ledyard High School, could include two meetings in November and two more in December before the commission must vote on the application.l.howard@theday.com