Blackberry residents seek answers on sewer plant safety

NORTH CANAAN — Is the local sewer plant in need of more stringent security measures? While one official entity has adamantly pressed that case, another finds no reason for concern.

But a neighbor of the sewage treatment plant owned and operated by the Canaan Fire District wants answers to the alarm raised by the man ultimately responsible for the plant.

Ann Beizer, who lives next to the plant, in Blackberry River Commons, wrote to the state Department of Environmental Protection (DEP) recently, seeking to get to the bottom of the issue of whether or not the plant poses a safety issue for neighborhood children.

In her letter to Dennis Greci, a DEP supervising sanitary engineer, she noted Canaan Fire District Warden Anthony Nania’s own words, in an April 21 letter to the Planning and Zoning Commission (P&Z), that describe the plant as “dangerousâ€� and a “lethal attractionâ€� and brings up the possibility that a child could be  “drowned in a vat of raw sewage.â€�

The letter was a response to a request by the Blackberry River Commons developer for removal of a 55-plus age restriction for residents. The condominium complex was designed for retirees, but the sites did not sell; the developer is now seeking to open the property to buyers of all ages, including those with young families.

In her letter, Beizer described neighborhood children who play and swim in close proximity to the plant. She also spoke of concerns for her grandchildren, who visit often. She demanded to know when the safety issues described by the fire district warden (who is in charge of the sewer plants) would be addressed.

In the first round of meetings and hearings about the development of the condominiums, there were some discussions about safety, but mainly the concern was about potential complaints from neighbors about noise and odors from the plant.

After the developer requested to be allowed to market to families of all ages, more meetings  and hearings were held. Public comment was overwhelmingly against the change.

Neighborhood residents were concerned as much about the impact on the school and other economic factors, as they were about safety. Many tried to make the contradictory case that, while children who live there already understand it is unsafe to go near the plant, children and parents new to the neighborhood might not.

The Planning and Zoning Commission voted down the request for the change in August; Chairman Steven Allyn said the reason was mainly concern about safety.

Subsequently, Beizer sent her letter to the DEP, and an inspector came out to the plant. Through the DEP’s media office, The Journal was advised that the agency acknowledges sewer plants pose an “attractive nuisance,� and has devised safety and security standards. And the North Canaan plant was found to comply with all “contemporary professional standards.�

In a Sept. 16 letter to Nania, the DEP’s Greci noted that his office has no record of any incidents of injury occurring at any waste water treatment facility in Connecticut.

Based on the inspection, Greci concluded, “I must respectfully disagree with your characterization of the facility as a ‘dangerous and potentially lethal attraction,’ and I would expect, if you intend to continue with such a characterization, that you would increase the level of security at your facility to address those concerns.�

Nania had stated to the Planning and Zoning Commission that about $40,000 in upgrades to fencing plus an electric gate should be installed, and he feels that it should be paid for either by the developer or by taxpayers in the fire district.

He did not return phone messages from The Journal left over an extended period.

Canaan Fire District executive board member Geoffrey Drury said Nania mentioned the DEP inspection at a board meeting early last week, but no action was proposed.

At a Sept. 15 Planning and Zoning meeting, The Journal asked commission members to comment on Beizer’s letter. Chairman Allyn said they had not seen the copy sent to the commission, but said the issue did not seem to be of concern to P&Z, as it had to do with safety issues at the sewer plant, not zoning issues.

A goal of zoning regulations, however, is to provide a measure of safety, which was a point Allyn made prior to the August decision. He noted Article 1, which states the intent and purpose is to “promote and protect public health, safety and welfare.�

The difference here may be that the issue needs to involve an application before P&Z, or be a zoning violation, in order for the commission to take action.

The Beizers say they simply want a straight answer about the safety of the plant and who has jurisdiction over ensuring it.

They also want to have more neighbors at Blackberry River Commons. In the two years they have lived there, they say they have never heard noise nor smelled any odor from the  plant.

They fear that if the developer fails to complete the project, they will lose the investment they have made in their property.

“Why is safety, after 40 years, suddenly an issue,� Ann Beizer said to The Journal. “If no danger is proven, why was the application for the change denied on that basis?�

There also remains the question of whether the decision can stand up legally, if the motion was improperly made by the commission chair.

Several open houses have been held at Blackberry River Commons recently. Neither the developers nor their attorney could be reached, but  an appeal or new application could be filed.