Concerns grow over growth of asphalt plant in Sheffield

The session opened with comments offering an overview of the proposed project from Marlowe; Andrew Clemente, an engineer and co-owner of sister company Troy Sand and Gravel in West Sand Lake, N.Y.; and a company attorney, Alison Cohen.

Residents came with sheaves of paper in hand, having researched similar plants and the chemical makeup of emissions. Some had contacted the Department of Environmental Protection in Massachusetts and passed on to the ZBA the suggestion that they visit other operating plants, including three located in Pittsfield.

They noted five different watercourses on the property and offered personal stories of the noise and dust that assaults their homes, and trucks that rumble by. Many had copies of Sheffield's zoning regulations, opened to Section 5.2, which states in part, "No Special Permit may be issued by the Zoning Board of Appeals unless it determines that the relevant modification referred to above will not be substantially more detrimental to the neighborhood than the original nonconforming use or structure.

Public ire was directed as much at ZBA members as at Century representatives.

Among the first of the public comments was a call to ZBA members to heed the zoning regulations and recognize that Century does not have the option of expanding the plant. It is a standard for zoning regulations to limit non-conforming uses. Typically, the use existed before zoning was enacted and is not desirable or consistent with adjoining property uses.

Sheffield resident Dennis Sands called for ZBA member James T. Collingwood to recuse himself. The trucking company that bears his name handles Century products. Collingwood said he had turned the company over to his son and had no remaining interest.

When asked a second time, Colling-wood said he had "no major interest in the company."

"The last time Century came before us, the town administrator asked Jim to recuse himself," ZBA Chair Barbara West said. "The town attorney said it wasn't necessary, but he did anyway."

Marlowe said there is no contract between the two companies, and added that every trucking company in the area works for them at one time or another. He said it is not typical in the business to enter into contracts.

Rene Wood, chair of the Sheffield Planning Board, called for a draft of minutes from the first hearing session, saying residents did not receive sufficient advance notice. West said their secretary did not attend the first session and the minutes are still on a tape.

"I am here as a private citizen, not a P&Z member," Wood went on to say.

"There was nothing to give residents a clue about this meeting. It was not legally noticed. People are here basically because of phone calls. You have an angry group of people who have come about the impact this will have on their lives."

While residents have been calling it an asphalt plant, they were told otherwise last week by Andrew Clemente.

Clemente explained it is more accurately a batch plant for hot mix asphalt, or blacktop. Liquid asphalt would be brought to the plant by truck. A precisely timed process involves coating stones with asphalt and immediately loading the hot product into trucks. Various measures are made to contain the product and hold down dust and filter emissions. The finished product is only about 5 percent asphalt. Clemente stated repeatedly there is very little difference in the two production processes, and that the proposal is for an expansion, not a new use.

Residents said they didn't really understand the difference, or how it would matter as far as impacts of concern, such as noise, emissions and truck traffic.

Clemente explained this is a business decision to be able to supply Berkshire County customers with blacktop from a local producer, rather than trucking it 60 miles from West Sand Lake.

Residents asked that consideration be given to the potential for growth here that could turn what is proposed as a small batch plant into a much larger operation.

Most of the two-hour hearing was devoted to concerns. They spoke of the issues they live with and wondered how these things would not worsen with a plant expansion.

When Collingwood interjected a projection of about $1 million in increased tax revenues, as well as five or six new jobs, a Sheffield resident loudly commented, "So that's what this is all about."

Marlowe offered an explanation on noise impacts, saying that noise is only as loud as the highest decibel achieved, even if other sources are added.

Clayton Road resident Tom Zetterstrom later commented, "Do four trumpets blasting not sound louder than one? It's hard to believe Greg Marlowe's explanation that it's about the highest decibel level, not the cumulative noise."

As to a debate over whether the proposal is an expansion or new use, Zetterstrom said, "I wish I had been able to bring a piece of hot asphalt, at about 350 degrees and hold it in one hand, and hold a piece of concrete in the other. It's a different product, with different emissions."

Zetterstrom also spoke to the screen of trees and other plantings that he said should have been built 50 years ago between the plant and neighboring homes. He referred to attorney Cohen's assertion that Century is a "responsible company," saying "that's what a 'responsible' company would do."

He offered the assistance of the North Canaan Beautification Committee and was applauded by the public.

Clayton Road resident Todd Dudley cited three incidents in recent years where the West Sand Lake operation was fined. In one incident, flying rock hit a car; in another case, construction of a plant began before a permit was approved.

Cohen repeated that the company is a responsible one and that those incidents had nothing to do with complaints by neighbors.

North Canaan Planning and Zoning Chair Martin McKay said he was commenting on behalf of North Canaan residents and is one of many concerned about truck traffic. Because the plant is a non-conforming use, the North Canaan town attorney has advised that Century is required to appear before North Canaan Planning and Zoning for a driveway permit.

The last resident to speak was Kenneth Kushi, who lives on East Stahl Road in Ashley Falls.

"All of this discussion seems to be ridiculous if we have to clarify the by-law," Kushi said. "We are expecting ZBA to uphold the by-law, and the by-law says you can't do it. There's no need to discuss traffic and pollution."

ZBA member Eric Carlson made a motion to continue the hearing to allow the board to clarify some issues, such as North Canaan resident Mickey Riva's recommendation to consult with the DEP. The motion was approved.

A member of the public asked for clarification on hours of operation. Carlson said there are currently no limits, but a decision in favor of the plant could include a condition that limits days and hours the plant could operate.

An attempt was made by ZBA to schedule the next hearing date for Feb. 7. An objection was made because the Agricultural Commission is already scheduled to meet that night. As of this week, the hearing was still tentatively scheduled for that date, but had not been made official. West said she was still conferring with ZBA members. Abutting property owners will be notified directly. West has a growing list of other residents who have asked to be contacted. She said she cannot make an official posting at the North Canaan Town Hall, but suggested a local resident could ask that an agenda be posted.