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Kobyluck Resubmits Application For Quarry

Company Hopes To Harvest And Process Stone At 28 Industrial Drive; Neighbors Are Concerned

This week, Kobyluck Brothers, LLC resubmitted its application for a quarry at 28 Industrial Drive,

The submission comes days before the Waterford Planning and Zoning Commission will hold a public hearing on a change to town zoning regulations to limit which is part of Kobyluck's proposal. Kobyluck’s owner, Matt Kobyluck, said the timing is a coincidence.

 “We need a full year's worth of data, and coincidentally, the year came up around the same time as these proposals,” he said. “It really had nothing to do with it.”

to quarry and process stone on the 37  acre property, along with constructing a vehicle maintenance facility that could store up to 75 vehicles. He withdrew the application last November after the Conservation Commission wanted more data about the application.

Kobyluck said he spent the last year collecting that data, and has filed an application that is “essentially the same,” although without the vehicle maintenance facility. Kobyluck's team has done an “outstanding job” with this application to ensure there will be no environmental impact from the proposed quarry, he said.

Public Outcry

During the Conservation Commission’s public hearing on the application last fall, dozens of residents spoke against installing a quarry at 28 Industrial Drive, both because of the potential environmental impact and Kobyluck’s history. A group of people who live near 28 Industrial Drive and hired an environmental planner to fight the application.

Waterford Against Mining will oppose this application, said Linda Verity, one of the organizers of the group. This is not a good place to put a quarry, she said.

“It's not the right area,” Verity said in a Tuesday phone interview. “We are concerned.”

Jordan Brook runs through 28 Industrial Drive, and there is a chance it could become polluted from the stone processing, Verity said. Additionally, the noise from the quarrying, the potential of wells being contaminated or having to be redrilled, and the dust in the air, are all concerns, Verity said.

Kobyluck said in this plan, there would be no effect on Jordan Brook, and no disturbance to the surrounding properties. This property has always been zoned industrial, and it is a needed business in town, he said.

“The entire industrial park is earmarked as industrial,” Kobyluck said. “It’s a good tax base for the town, and the town needs to

Previous Issues

Aside from Verity’s concern with a quarry, she also cited Kobyluck’s issues in other towns. In Montville, the company was fined $100,000 by the Department of Environmental Protection for dumping 45,000 gallons per week of wastewater into Oxoboxo River in Montville, and the company has been locked in a according to state and court records.

Kobyluck said the problem in Salem was over language, and in Montville, he largely had a good relationship with the town. Kobyluck Sand and Gravel has had its main headquarters at in Waterford for more than a decade, and there have been no issues, he said.

“They can base their opinion on the merits of this application,” he said. “One has nothing to do with another.”

The Process

The Conservation Commission will receive Kobyluck’s application tonight at its meeting, and then likely set a date for a public hearing. Because Kobyluck submitted the application before the new zoning regulations can be acted upon, the proposal will be evaluated on the current regulations, Town Planner Mark Wujtewicz said.

Monday, the Planning and Zoning Commission will hold a public hearing on regulations regarding the “processing of earth materials.” Waterford Against Mining will be at the public hearing, Verity said.

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Nancy December 1, 2011 at 01:36 pm
Have no fear, Waterford zoning will protect and serve the community! That is, if they have the legal bankroll available to them like the developers and businesses do. They represent the community, AS LONG AS THE NEIGHBORS LET THEM KNOW IT! Apathy and demurred attention often allows applicants to encroach upon any natural right. Noise, dust, pollution (clean water up/downstream), increased road wear/tonnage, traffic congestion (Rt 85, soon to become another RT32 ?) and other nibbling nuances of citizen neglect must be reviewed and met head on. the Industrial park is well located for regional importation/distribution of Koby's products, it's an ideal place for them. North, South, East, West on major roads. We had one of Koby's rock crushers in our neighborhood for a while some years ago. Felt like a train rumbling by constantly, the dust drifted far and wide (NO dust quench!), 7AM and the noise began, until 4PM! Get yourself a handfull of stones, throw them on top of your car hood, listen to the noise. Think of that for 8 hrs!
Kevin Girard December 1, 2011 at 02:43 pm
To me, there's a number of issues with this application, but the most egregious issue is that it almost doesn't matter what is actually in the application - there is sufficient history of the applicant not following the provisions set forth in the application and the subsequent conditional approvals. The applicant has previously polluted a stream and caused irreparable damages. The applicant has previously exceeded the number of trucks allowed at his site. The applicant has exceeded the number and intensity of blasts allowed at his site. They have been accused of operating in excess of the hours he has been allowed by the towns. These are relatively recent cases where the applicant has fought or is fighting the town where the business is conducted in. In several cases, for example when it comes to blasting intensity and frequency, the town actually has no jurisdiction and has to solicit state help for enforcement. A lot of the information I cite is available in the Salem Conservation Committee's meeting minutes. It's not hard to imagine a repeat performance in Waterford. It's hard to believe that the application's resubmission is purely coincidental, given the upcoming Planning and Zoning meeting where it will be decided if mining is allowed in the town on Dec 5. Given the applicant's track record, I believe this is a bad idea, asking for trouble for the environment and for the town and its residents. Full disclosure - my home is not far from the proposed facility.
Elaine Gagnier December 1, 2011 at 03:21 pm
We really hope that the Town of Waterford gives them the boot ! In my opinion and some other native folks in the area, they have always thought that they was above the law. So once they get the Town's ok , they will start in w/ there underhanded ways of doing it "their way"..We agree with Kevin Girade
kim December 1, 2011 at 06:35 pm
Just do your own research on this type of business and do your own research on Kobyluck's past business practices. The data will speak for itself.
As a mother I do not want this type of business anywhere near my child for fear of potential health issues. As a home owner I do not want this near my house for fear of depreciation of my homes value. As a socially responsible person I do not want this in my town for fear of the possible impacts to the environment and wildlife. I can go on an on with reasons. Please attend the meeting on Monday and show the town that you do not want this type of business in Waterford.
John Sheehan December 2, 2011 at 02:18 am
Despite the desires of the residents, since the new regulations have not been put into place, the Conservation Commission and the P&Z may not have any choice. If the Kobylucks are able to show no impact on the Jordan Brook watershed from their proposed business and the neighbors and the staff are not able to show that the data presented is not sufficient to prove no impact, approval may be a forgone conclusion. Emotion will not change the outcome but hard facts will. My gut may say this is not a good idea but if I am not able to back up that feeling with facts, then the system is set up to permit the development. I hope the neighbors have a good case to counter what is submitted by the applicant.
Kevin Girard December 2, 2011 at 03:32 am
John: Well said, but nothing I said isn't fact. It's minuted in the Salem Conservation Committee Minutes. The lawsuits Kobyluck's had regarding the Oxoboxo river incidents are also facts. The complaints brought by the citizens of Salem regarding Kobyluck's practices are facts. I'm not saying their allegations are true, just that there are a number of complaints that the company isn't adhering to the restrictions that were part of the permission to operate at that site. Where there's smoke, there's fire. Speaking of fire, it's also fact that if given permission to operate this facility, Waterford and its residents will be turning over enforcement of the number and intensity of blasts at the site over to the state (also minuted in the Salem Conservation minutes). I don't disagree that if he proves no impact that the commission in Waterford might not be left with any recourse but to approve it. What I am hopeful for is that the track record that has been established will give the commission enough doubt to wonder if the protective measures and proper caution required to operate without impact will really be followed. I don't know enough about the commission's remit to know if "reasonable doubt" is sufficient reason to deny an application - perhaps you can enlighten me on that?
Water Ford December 2, 2011 at 02:15 pm
Everyone, residents and businesses, have a moral or sometimes legal obligation to minimize their impact on the environment. Kobyluck is a family owned business whose owners and 100+- employees live in the communities they serve, so I don’t think they can conspire to damage anything. I think we need to give them a fair opportunity to present their business expansion in our Town of Waterford approved industrial park. If it’s an approved use within the industrial park then we should wish them luck and thank them for investing private money to build and employ locals. If they break the rules/laws it’s the towns’ job to take corrective action.
Also, I believe Kobyluck did the site work for our three new grammar schools and I don’t remember reading anything about violations like the ones being issued at the new high school. Perhaps Kobyluck should be the expert on the high school job to keep tabs on Fucci??
Joe S. December 2, 2011 at 03:35 pm
Mr. Ford, do some research here on the applicants record in Salem, Montville, and even at the new Coca-Cola plant right here in Waterford, among others, then decide if that is who you want to be keeping tabs on anyone.
Now I have heard and read several times that the commission will be looking solely at the attributes of this permit, with no consideration of previous permit infractions by the applicant in neighboring towns. My question is WHY? It seems to me, that as ‘stewards of the environment’ that the new town Plan points out, it would be extremely irresponsible for the commission to put blinders on and pretend there were no previous issues with an applicant – especially in a situation like this – where the potential for a major environmental disaster is real. ' Repeated past performance is a good indicator of future performance'. When you buy a TV – you look at reviews – when you buy a car – you look at reviews – when you hire a contractor to do work on your property – you look at previous clients for reviews. How can this, which could possibly effect a significant number of residents, be any different? Would any of the members of the commission, or any one that is 'behind' the applicant, hire a contractor to work on there own property with the track record of the applicant? And as far as the industrial zoning - that is true. But, building a manufacturing facility - or - an open pit quarry - are 2 completely different animals.
Joe S. December 2, 2011 at 04:46 pm
Planning and Zoning meeting, Monday, December 5th, 7pm, Town Hall.
If you can hear the Speed Bowl you should be very concerned about this. You WILL hear the rock crushers running AT LEAST 8 hours a day 7 days a week - and you WILL feel the constant blasting. Again, do your own research and see what the residents in Salem and Montville have said.
Linda Verity December 2, 2011 at 06:17 pm
This type of industry SHOULD NOT be allowed in this area with Jordan Brook, which eventually runs into Long Island Sound, and the surrounding wetlands located there. Blasting for at least 5 years and a permanent rock processing facility! The zoning should be changed to protect the environment. Attend the Planning and Zoning meeting, Monday, December 5th at 7:00 pm at Town Hall and let the town know your thoughts,
Property Owner April 26, 2012 at 09:05 pm
Don't forget Conservation Commission Meeting tonight at 7pm at Waterford Town Hall. This will be one of the last meetings to voice our opposition to this on-again, off-again, ever changing proposal.
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