Kobyluck: I Will Take The Town To Court

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.”