Goshen Planning & Zoning: Enforcement Progress

11/18/25
PRESENT:  Jon Carroll, Chair, Lu-Ann Zbinden, Dustin Mosely (A), Jared Denis (Z), Shilo Garceau, Chris Hurlburt (A)  (Z=Zoom A=Alternate).

EXCUSED: Jerrold Abraham(A), and Patrick Lucas; Dustin Mosely was seated in Lucas’ place.
The primary agenda item was the continued work on the updated Plan of Conservation and Development (POCD) which is due for adoption by August 2026.

During Zoning Enforcement Officer (ZEO) Musselman’s report, it was noted that a Zoning Violation Notice has been issued to 54 Bare Hill Road owner Gary Stango, Jr. This is separate and in addition to enforcement actions being taken on Inland Wetlands violations at the same location. (See accompanying article “Update on Zoning Enforcement Action at 54 Bare Hill Road -- Forsaken Lands”.)

Musselman also reported alleged illegal dumping on North Goshen Road, which is being investigated by the State Dept. of Energy and Environmental Protection. When questioned by Carroll as to how that constitutes a Zoning issue, Musselman responded: “So they're allowed to store... junk cars there. They've been existing for probably 75 years or more. But they've been dumping garbage in large pits they've opened up in the past week. So that's definitely not in compliance with our regulations or with the state health code.”

“I couldn't get into the property”, Musselman added, “but I guess there's a lot of mud coming out on the road because there's been several dumpsters coming in a week with material.”

Note: A copy of the Cease and Desist Notice addressed to owner Ike’s Auto Body was provided to The Goshen News upon request. It states: “You or your representative are in violation of the Town of Goshen Zoning Regulations Sec. 2.4.4 & Sec. 6.1.3. Immediate cessation of all site grading, excavation, and dumping of refuse at 225 North Goshen Road is required.” Musselman later told The Goshen News that the State would be taking the lead on this investigation. He said “Landfills are not permissible within Goshen and... they did not get approvals or did not approach the town, they also... failed to get DEP approvals, EPA approvals, so on and so forth. So they're in violation of federal, state, and local regulations.”

Musselman also confirmed his discussions with the owner of the tank farm property at 34 School Hill Road, stating that although a mechanical permit was issued by the Building Official, no work could be done until approvals are received from the Planning & Zoning and Inland Wetlands Commissions.

The Public Comment period began with a statement by Chair Carroll regarding rules and conduct.
“We, as a commission, added public comment recently because we want to hear from our community and we value your input. However, we do expect the public to comment respectfully. We also ask that everyone follow the established rules. Public Comment is limited to two minutes per person. We ask that you state your name and your address, and then you have two minutes. Communication is very important to us. If you have a comment, concern, complaint, please email Spencer, copy the chairman. If we do not hear from you, we can't follow up on these issues.”

Forsaken Lands operator Alex Fortuna then addressed the commission, talking about having done his due diligence, having received approval from ZEO Musselman, the building official, the Fire Marshal and the Torrington Area Health District. “No different from how we operated at Action Wildlife Foundation…” 

Fortuna said “we're very surprised as to why there's any concern about what we do.” When he then asked to be included in all correspondence, he was advised, the Commission communicates only with the property owner.

Former 1st Selectman Bob Valentine spoke next, asking a technical question, and stating “I'm pleased to hear Spencer's ZEO report that you started the process as it relates to 54 Bare Hill Road.”

A contentious exchange followed when the next speaker, who identified himself only as “Justin”, refused to state his full name and address. Carroll restated: “Your name, first and last, and your address, then you get two minutes. That's the rules.” Justin (Martin) did so and went on to criticize the Bare Hill Road neighbors, the Town government, and the Planning & Zoning Commission. “I work as armed security for the Forsaken Lands. And in uniform, I've had both of these neighbors come and approach me directly, put their hands on me and call us names that would be very inappropriate to say in front of all of you. We find that their actions are being very harassment towards us. And I feel that this board and the people we've been working with aren't supporting us as people that are doing such a great thing for this town... And again, for someone to have criminal charges pending against them and for you guys to take that word over somebody that's doing so well in this town is frankly ridiculous.”

A final comment from Goshen resident Sara Leonard regarded the tank farm on School Hill Road, suggested that eventual execution of the expansion project should be discussed in terms of “if”, rather than “when”.