Metcalf asphalt case returns to court

NORTH CANAAN — In the aftermath of the North Canaan Planning and Zoning Commission’s denial of the site plan application filed by B. Metcalf Paving Company on Sept. 9, the company has filed a new complaint in Superior Court of Litchfield County at Torrington.

At issue is the paving company’s site plan application to provide a modification to process warm asphalt at their location.

The Sept. 9 decision by the commission to deny the application cited reasons of public health, safety and welfare; those concerns were raised by nearby property owners. 

Actively opposed to the plan is a grassroots organization called STAP (Stop the Asphalt Plant), most of whose members own property adjoining the site.

In early August, the same court had dismissed an appeal filed by Metcalf on the grounds that the Planning And Zoning Commission had failed to reach a decision on the site plan application and that therefore there was nothing to appeal. There were additional questions of the commission’s procedures in handling the application.

In that dismissal, the court indicated that Metcalf would need to file for an action to require that the commission adhere to its duty to issue a certificate of approval.

This most recent filing asks that the court compel the commission to issue a Certificate of Approval. 

The case is scheduled to be heard in Superior Court in Torrington on Monday, Oct. 7, beginning at 2 p.m.