Last night, a crowd of about 150 concerned citizens came out to hear their neighbors make a case against the state's tentative approval of a wetlands application for a controversial 60,000 gallon bulk propane storage/retail facility at 40 Ciro Road.

The Dept. of Energy and Enviornmental Protection (DEEP) public hearing, also known as a contested case, was triggered after more than 25 citizens responded with input to DEEP's April 2016 tentative determination to approve the application.

Applicant J.J. Sullivan Fuel Co. (Guilford) originally submitted the site plan application in the fall of 2014 to North Branford's Inlands Wetlands and Watercourses Agency (IWWA). However, the IWWA was unable to decide on the application in the alloted time. So in March 2015, at the request of J.J. Sullivan's attorney, Jeffrey Beatty (Guilford), the application review and decision process was taken over by DEEP.

Last night's crowd pulled a mix of residents including seniors from Evergreen Woods, worried home owners, parents, business owners and other concerned citizens. Many voiced the same emotions, fears and concerns expressed in 2014.  Others also challenged the application with testimony, regulatory details and documentary evidence turned over to DEEP last night.

Resident Peter White, an attorney, said the application failed to incorporate an assessment for a "boiling liquid expanding vapor explosion" (BLEVE).

"That is the risk of a catastrophic explosion that could occur with this facility," said White. "Everyone understands the risks that it could happen are quite small; but the results could be very catastrophic. The (DEEP) has discretion to request additional information from the applicant on this issue. And I would suggest a risk assessment of such an explosion is required, and mandated by the town, and by everyone who's spoken here today; and that such an assessment occurs prior to the approval of the application."

The controversial propane facility application was put before the IWWA following an August, 2014 master plan presentation by J.J.  Sullivan to the Planning and Zoning Commission (PZC). The PZC voted to amend zoning to add bulk propane as a use for the site.

In 2015, resident Chris Kranick successfully petitioned the town to require a bulk propane special-use permit for certain surrounding parcels on Ciro Road and Route 80, together with setting a 5,000 gallon storage limit (prior to further distribution or delivery). As the J.J. Sullivan 2014 application for 40 Ciro Road was already in play, it may not be subject to those 2015 zoning changes.

On September 8, Kranick testified there are two "major flaws" which should cause the state to decline to hear the application and instead refer it back to the town's IWWA.

While North Branford's deadline for ruling on the original wetlands application expired on Oct. 31, 2014, there was an opportunity for J.J. Sullivan to agree to extend the deadline, which the town sought via an email sent to Beatty on Oct. 27, 2014, said Kranick.

"The Town Planner offered to extend the time to hear the application," said Kranick. "Had Attorney  Beatty agreed to the extension, the town would have heard this application."

Kranick also pointed out a DEEP January 2015 letter to the town and to Beatty in which the state strongly encouraged exploring "any way" the application decision could be made on a local level.

"The Town Planner also contacted Attorney Beatty in January 2015; to say the application was ready to be heard immediately," by a newly seated IWWA, said Kranick. "Instead, a letter to the Town Manager (was received) in March from Beatty, stating he is taking his application to the state. The town of North Branford clearly did all in its power to follow the request of the state, (and) the applicant made no effort at all,"  to exhaust every opportunity offered by the town.

Kranick further testified Beatty "played a role" in the IWWA's inability to act on the application in 2014, saying Beatty stated, during a wetlands meeting,  that IWWA member Ashley Joiner "...would be unable to be impartial, as she wrote a letter to the editor in the local newspaper." 

Joiner's letter had questioned the impartiality of then-Town Council member Donald Fucci, owner of the 40 Ciro Road parcel. Following Beatty's statement regarding Joiner, she stepped away from the IWWA.

"...and then, there were not enough wetlands members to take a vote," said Kranick.

After that, said Kranick, "J.J.  Sullivan declined the extension (and) placed it in the hands of the state. I believe J.J. Sullivan is using the expired deadline and the pretext of bias by Ashley Joiner to avoid having the town rule on this local wetlands issue."

Kranick also said the application is "fundamentally flawed," due to changes incorporated after the DEEP identified several insufficiences to J.J. Sullivan in a letter sent in May, 2015.  As a result, over 100 new computations were provided to DEEP, said Kranick.

Based on those changes, "In my opinion, this is not the application that was submitted to the local wetlands," agency, said Kranick, concluding, "...ultimately, J.J. Sullivan has taken a local issue (to the state) and the local (IWWA) has never seen this application. The town is being denied the opportunity to rule on this at a local level."

Speaking as a citizen, Joiner also testified during the September 8 hearing.

"Due to the deceitful way of leadership of this town, which drew this proposal to the benefit of one its members, this application was brought before the North Branford Inlands Wetlands Agency because of wetlands on the property, and rivers nearby (that) discharge would flow into," said Joiner. "Knowing this is a hearing regarding wetlands only, I looked up the EPA regulations, which also referred me to the OSHA regulations."

According to OSHA, the site's two 30,000 gallon tanks are situated five feet apart, creating an aggregate of a 60,000 gallon tank. When measuring safe distances from such a tank, the nearest buildings must be at least 75 feet away, said Joiner.

"Due to the wetlands on the property, the gas location and buildings had to be in specific places. As the application stands, the buildings are within 75 feet of the containers. This alone should be grounds to void the application," said Joiner. "And the containers are within 50 feet of the property line as well, so the neighbor has to deal with it as well."

Joiner also noted that,  according to the EPA risk management program guide for propane storage facilities, tanks storing over 51,000 gallons will create half a mile of damage,  and over a mile of evacuation, in worst case scenarios (over pressure, vapor cloud or BLEVE).

"Yet the site is on a dead-end street, trapping people behind it, potentially. At that distance, a worst case scenario will damage homes, businesses, two churches (and) a preschool in the area. Lake Gaillard, a major supplier of drinking water, can also become contaminated by the debris vapor cloud," said Joiner, adding, "The town's Inlands Wetlands Commission did not approve application, mostly because of politics."

DEEP will continue to accept written testimony from the public through Sept. 12, 2016 (via email to deep.adjudications@ct.gov ).  On September 15, DEEP opens an evidentiary hearing in Hartford to hear from J.J. Sullivan and any intervening opponents.

Following the Sept. 15 evidentiary hearing, a DEEP attorney will issue a proposed final decision to the DEEP commissioner, based on the complete record. The parties then have the opportunity to file exceptions to the decision; at which point the Commissioner or his designee can elect to hear oral arguments and/or take new briefs, before issuing a final decision.