The Town of Wellington’s decision to approve the construction of an asphalt plant near residential areas hasn’t gone over well with some residents. The town planning commission rubber stamped the project in spite of concerns expressed by residents within the vicinity of the plant. The hot-mix asphalt plant would be situated 800 feet from residential areas— town law requires it to be further, but the planning commission granted an exception to that rule. Residents are concerned that the plant may be a source of air pollution, traffic, and could contribute to a potential plummet in housing prices in the area.
Ayla and Benjamin Leistikow think the town’s decision on the asphalt plant was flawed. Their lawyer, Jeffrey Cullers, filedan appeal on their behalf last month. It details six alleged violations of the land use code, including a failure to use a setback that protects residents from toxic chemicals, a failure to use a setback meant for heavy industry (the commission approved to reduce that setback to 800 feet) a failure to include a setback for contractor storage, an incorrect site plan, a non-conforming air dispersion model that does not show that fumes will be confined to the site, and lastly the site plan does not include elevation data. Ayla said the code was ignored by the town’s planning commission.
“The land use code is there to protect us, it's there to uphold, and all the other businesses, everyone else has to abide by this stuff,” Ayla said.
Eric Sartor, chair of the commission, said that the commission is not at liberty to discuss an ongoing appeals process when contacted on Monday.
The appeal in part says that the commission ignored rules to put enough distance between toxic chemical production and residential communities— town law stipulates a minimum of 2,640 feet. The commission voted 6-1 back in May to give Connell Resources the green light on the project. Ayla Leistikow says town rules require the trustees to look over the appeal within 45 days of its submission, which will likely be sometime in July.
The Leistikows are hoping the commission will walk back their decision.
