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11/03/2014 11:00 PMNo meeting of legal minds took place last week to discuss voluntary safety alternatives for a proposed bulk propane storage facility, after Town Attorney John Gesmonde decided it would be best not to pursue the idea.
At an Oct. 23 Town Council meeting, Gesmonde told propane opponents he’d reach out to the next day to their attorney as well the attorney for applicant J.J. Sullivan Co. of Guilford, to “...see if there’s any way we can work out some sort of voluntarily compliance (with) the conditions that are important to you....to see if we can come closer to a safer alternative.” See the story at http://bit.ly/1xYb4g3
N.B. Citizens Against Propane attorney Ainsworth notified the group last week Gesmonde’s meeting idea had dissolved. Organizer Doreen Currie reacted in a statement, saying, in part, “...the offer from town attorney John Gesmonde seemed to reassure some that the town council was indeed open to helping residents resolve the issue; however those feelings have now been dashed .... What does this mean for the town? Why did Gesmonde go back on his word? Does this mean Sullivan does not want us to block plans of extending their propane facility? Once again the concerned citizens of North Branford are left with more questions than answers and are stymied by the town yet again.”
Speaking to Zip06/The Sound Oct. 31, Gesmonde said, “...first of all, I reacted somewhat instinctively to reach out; because of some of the emotions that were expressed in the audience. On second thought, I realized this could be very problematical so I didn’t reach out. The only thing that I would be trying to do would be to come to a resolution where by other side would have to have the propane tanks there. But I also realized a substantial portion of group against propane tanks there were against the propane tanks. Most were against it because they were afraid (of) a conflagration in small quarter mile radius. Their only resolution would be to have J.J. Sullivan not put propane tanks there at all (so) that (meeting) would not be a realistic purpose.”
In addition, Gesmonde said, “...the more prevailing reason is I also realized I’m rendering legal opinions almost every day on this matter to planning and zoning and town officials. I just don’t think it looks good for me to be having informal conversations with on both sides and then be advising the town on legal matters.”
On Oct. 10, Gesmonde advised Town Council it would be “unlawful” to uphold a petition signed by 1019 residents requesting binding referendum vote. The petitioners sought a vote to roll back an August Planning and Zoning Commission (PZC) zoning amendment allowing J.J. Sullivan Co. to move forward with its application to install the facility at 40 Ciro Road. Gesmonde determined the petition called for Town Council to exercise powers it doesn’t possess.
J.J. Sullivan Co.’s proposed site plans are scheduled for further review by PZC on Nov. 6. If the facility does reach the point of coming to Ciro Road, Gesmonde said talks such as those he’d suggested could take place.
“I’m not dismissing the fact (there) would be a way of mediating some kind of consensus,” said Gesmond. “Right now, it seems as the legal advisor of the town, who is advising commissions on how to act, or not act, in the case of Town Council; it puts me in a difficult situation in trying to deal with both folks.”
On Oct. 31, Currie told Zip06/The Sound the citizens group will continue attending town meetings, as concerns about the process and residents’ safety haven’t changed. Asked why they didn’t come out in force when J.J. Sullivan Co. first began applying in May through to the PZC zoning amendment vote in August, Currie said the issue was learned too late.
“We did find out too late, from my point of view,” said Currie. “I was gone part of the summer (and) when I came back, when you read the legal notice, all it says is change to bulk storage, and I thought at the time it was like one behind Agway. It didn’t ring a lot of alarm bells for me; and I’m sure a lot who read it thought same thing. I never saw anything more about in the summer. I have better things to do is to go sit at town meetings; and I’m sure others felt same way ... in good faith and in good spirit of the law, they should have really notified people living within 1000 feet. Had people been notified, we would have been there.”