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Kobyluck: I Will Take The Town To Court

Kobyluck Owner Says If Stone Processing Facility Is Rejected, He Will Have No Choice

In a 45-minute interview Monday that touched on a variety of topics, Kobyluck Brothers LLC owner Matt Kobyluck said he would take the town to court if his proposal is rejected by the Conservation Commission or the Planning and Zoning Commission.

“If I feel I’ve done a good job, and we don’t feel like I’ve had fair consideration, of course I’ll do that,” Kobyluck said. “What choice do I have? It is not the way I would like to go about it, but that is the system we have.”

Changes

Kobyluck has changed his plan since originally submitting the application to the . The changes stem from concerns a third-party engineer and Environmental Planner Maureen Fitzgerald had during their review of the project.

A main change is the stormwater will now run more to the north of the property, further away from Jordan Brook. This was done to give the water more time to remove sediment and cool before hitting Jordan Brook, hopefully remediating some of the ill effects, Kobyluck said.

The facility’s footprint was reduced from seven acres to 5.5 acres. Also, the elevation of the facility was raised another 13 feet, according to testimony during the public hearing on the proposal.

In an interview Monday, Planning Director Tom Wagner said these changes are significant and “not really how the town likes to do business.” Generally, a person submits a plan and sticks with it, he said.

“We are not used to an applicant making wholesale changes in the middle of a public hearing,” Wanger said.

Kobyluck disagreed with that categorization, saying the changes were not significant and were in response to concerns by the town. Kobyluck also said Wagner has been difficult, and has at times been “argumentative” with Kobyluck instead of working to find the best solution.

“I don’t know why he would say that,” Kobyluck said. “The changes are all related to concerns raised by the town. You would think if you make changes based on the concerns by the town in the spirit of cooperation, that would be looked at as a good thing.”

Meanwhile, a group of neighbors who live near 28 Industrial Drive continue to question the impact of this proposal.

Court

Kobyluck said he has spent “much more” money than expected on getting the plan through the permitting process. He said a stone processing facility is a “vital part in every single municipality in the world.”

If rejected, Kobyluck said he would appeal the decision in court. over the Planning and Zoning Commission’s .

“I am trying to create jobs, I’m trying to invest in the Town of Waterford,” he said. “I’m trying to create jobs and do something positive, I’m not sure how it can be viewed any different than that.”

Property Owner March 10, 2012 at 11:06 AM
The same way people will be held accountable for noise pollution and/or health issues if this is passed.
William Terry March 10, 2012 at 11:41 AM
Rt 395 Kobyluck's neighbor produces a lot more noise and pollution 24 hours 7 days a week.
Concerned Resident March 10, 2012 at 11:57 AM
Have you actually gone to the hearings and listened to Kobyluck's plans AND the 3rd party concerns? You can't get the full story by reading news articles such as this. Go to the meetings and then form an opinion.
David Irons March 10, 2012 at 05:46 PM
The noise is but one small part of the pollution this will involve. And even so, I'm not sure that your assumption is right. Do you have facts to show this?
Paul March 11, 2012 at 06:50 PM
Mr. Water Ford, There are rules that go along with an industrial park. If there were none than Mr. Kobyluck could put anything that he would like at that location. I am glad that Mr. Kobyluck would like to bring jobs to this area. However, at what costs to the home owners whom live in that area. Believe it or not Mr Kobyluck probably has a better chance of opening an extotic dance club in that location. In addition, one can not hold previous violations against an applicant. But it is disturbing that Mr. Kobyluck has had alleged violations against his company for not following environmental regulations. It is equally disturbing that because Mr Kobyluck does volunteer in town that some believe that he should be allowed to do what ever he wants at that location. These are separate issues. The town has had multiple meetings on this application all ready. Have you been to any of them? Its pretty clear to me that Mr. Kobyluck has changed his tone a bit since this process has started. It went from its my land and I can do what I want to approximately 3 application changes and I would like to work with the town to get an approval. I think its great that he wants people to call him and visit the site with any questions! But the bigger question is will he and his company follow the regulations if he gets the approval? His companies track record has been questionable at best in other towns.

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