Officials of Polymer Resources Ltd. agreed to settle two of their three pending lawsuits against a planning and zoning commission in Farmington, Conn., where the company operates a resin compounding facility. The town and the Stamford, Conn.-based company still appear likely to head to trial over the third suit, which involves the firm's plan for an air-handling system to alleviate neighborhood complaints about odors from the factory.
In settling the suits, Polymer Resources agreed to remove a third flagpole and not to move a trash compactor to the front of its building.
Polymer Resources also agreed to remove light fixtures that illuminate the flagpoles.
The trash compactor will be painted beige and advertising removed from the sides. Trees will be planted around the compactor to hide it from view of the road which runs through a residential neighborhood.
Mario Musilli, a lawyer for Polymer Resources, said he took the proposal before the commission on Oct. 10. The commission plans to examine the proposal with its attorney.
A public hearing will be held Nov. 13 and a decision on whether the proposal is accepted or not will be determined at that time.
Town Planner Jeffrey Ollen-dorf said Polymer Resources made modifications to the original plans approved by the commission after the fact, such as the additional flagpole and moving the trash compactor.
A third suit seeks to overturn two of the three stipulations the commission placed on its approval of air-handling units placed on top of Polymer's building to accommodate a ``permanent total enclosure'' system. Polymer installed the PTE system in response to neighborhood complaints about odors coming from the plant causing illness.
Ollendorf said that since the company installed the system, complaints from local residents have ``gone to zero.''
However, the town wants Polymer Resources to submit monitoring plans to ensure the system is working properly.
Musilli said the company is working with the state Department of Environmental Protection and submitting plans to that group, and objects to having to also submit plans to Farmington officials.
If the state approves the monitoring plan, the town also should accept the plan without having the company submit plans to two entities.
``We believe the DEP is the qualified office to handle such issues,'' said Musilli.
Ollendorf said the town is not willing to compromise on this issue and the case will probably go to court.