Somers Zoning Board Supports Appeal Of 'Manure Lagoon' Decision

SOMERS, CT — A marathon 3-hour meeting of the Somers Zoning Board of Appeals Tuesday focused on approval which had been granted by the town's zoning enforcement officer concerning proposed construction of a 'manure lagoon' on farmland on Watchaug Road.

Oakridge Dairy LLC of Ellington owns 382 acres of farmland at 122 Watchaug Road, and sought to build a pond which would collect manure to assist in the farming process.

Zoning Enforcement Officer Jennifer Roy said representatives of Oakridge applied in the fall for a variance to build the pond. Public opposition, particularly from neighbors, was strong, prompting Oakridge to come up with a revised site plan.

Attorney Carl Landolina said in an email to Roy, "'It sounds to me like an exempt use under agriculture.' She wrote back, 'No permits?' and I said, 'Yes.'"

At Tuesday's meeting, attorneys for the ZBA, zoning enforcement officer and the farm took about 90 minutes to make presentations to the commissioners. About 50 minutes of public comment followed, which was prefaced by chairman Dean Hills explaining, "We do not have the legal authority to approve or deny this use. The only thing we'll be acting upon tonight is the decision that the proposed manure lagoon is a farm pond, as an agricultural use of right. Is it, or is it not? That's it; very specific."

Among the comments made by residents were:

• "They're exporting waste from Ellington to Somers under the guise of fertilizer ... Ellington allowed this, Ellington embraced it, Ellington should keep it." - John Parks
• "It's clear to me we're not going to settle this here; it really has to be settled by a judge." - John Papale
• " I don't know why we are trying to stretch the definition of a farm pond to include basically an open cesspit for animal manure." - Pat Banach
• "Lots and lots of hazardous things come from it, with our drinking water, we've got the Scantic [River] on the other side. I'm very concerned about this going in in my neighborhood. I hope that you stop it here, and we can go on with our lives." - Tracy Wyllie

Near the meeting's conclusion, a motion was made and seconded to support the appeal, prohibiting the pond's construction; it was unanimously approved by all five commissioners.