APPLICATION FOR TEMPORARY EX PARTE INJUNCTION. The Applicant, North Branford Citizens Against Bulk Propane Storage, has or will

RETURN DAY MARCH 21, 2017 SUPERIOR COURT NORTH BRANFORD CITIZENS JUDICIAL DISTRICT OF AGAINST BULK PROPANE STORAGE NEW HAVEN, Plaintiff, AT NEW HAVEN v. THE TOWN OF NORTH BRANFORD, THE TOWN OF NORTH BRANFORD PLANNING & ZONING COMMISSION, 2772 BPR, LLC, and DONALD FUCCI, Defendants. FEBRUARY 27, 2017 APPLICATION FOR TEMPORARY EX PARTE INJUNCTION The Applicant, North Branford Citizens Against Bulk Propane Storage, has or will commence an action against the Defendants, the Town of North Branford, Town of North Branford Planning & Zoning Commission, 2772 BPR, LLC, and Donald Fucci, seeking declaratory judgment and injunctive relief, declaring that certain amendments to the Town s zoning regulations allowing the storage of bulk propane in unlimted amounts at 40 Ciro Road be declared invalid, and an injunction enjoining the construction of a bulk propane storage facility on the property affected by the amending zoning regulations, located at 40 Ciro Road in the Town of North Branford. Pursuant to Conn. Gen. Stat. 52-473, the Applicant applies for a temporary injunction, enjoining the Town of North Branford and the Town of North Branford Planning & Zoning Commission from approving a site plan for 40 Ciro Road, for the following reasons

1. The Applicant, North Branford Citizens Against Bulk Propane Storage, a citizens group of composed of residents of the Town of North Branford, has or will commence a civil action, seeking declaratory judgment, that certain amendments to the Town of North Branford s zoning regulations be declared invalid. 2. The North Branford Planning & Zoning Department is the Town agency responsible for the enactment of zoning regulations in the Town of North Branford. 3. Donald Fucci owned, during his tenure as Town Councilman, that certain piece of real estate located at 40 Ciro Road in the Town of North Branford. 4. In May 2014, an agent and representative of 2772 BPR, LLC, a limited liability company formed under the laws of the State of Connecticut, approached the Town s Planning & Zoning Commission to request a change in the zoning regulations that would allow 2772 BPR, LLC to construct a facility consisting of two 30,000 gallon propane storage tanks at 40 Ciro Road. 5. At the time 2772 BPR, LLC made the request, the Town s existing zoning regulation prohibited the storage of bulk propane throughout the Town. 6. Although delivery of propane to the planned facility would be done by trucks equipped with 10,000-gallon propane tanks, which would travel from Foxon Road in North Branford, a heavily trafficked commuter road, onto Ciro Road, the Planning & Zoning Commission failed to conduct any study on the impact of the additional traffic. 7. During this period, Councilman Fucci and Mayor Candelora brought the Fire Chief to a closed hearing of the Planning & Zoning Department to lobby for a change the change in the 2

zoning regulations. 8. On June 17, 2014, despite having a substantial conflict with the proper discharge of their duties to the public interest and of their responsibilities to the Town residents, Councilman Fucci and Mayor Candelora used their influence to replace two serving members of Planning & Zoning Department who had voiced their objections and concerns to the change in the zoning regulations, in an effort to facilitate the sale of 40 Ciro Road. 9. Following that meeting, Councilman Fucci and the Town Council voted to replace the two members who had voiced concerns and objections to the change in the zoning regulation. 10. The North Branford Planning & Zoning Commission was the applicant for the text amendment change allowing for the storage of bulk propane. 11. At the next meeting in August 2014, the Planning & Zoning Department, with the new members, approved the amendments to the zoning regulation. 12. The Planning & Zoning Commission gave defective and inadequate notice that informed the Town only that the proposed change would allow sale of propane, not that the change would authorized the installation of the 60,000 gallon facility at 40 Ciro Road; the notice was furthermore defective by failing to apprise the Town of the impact the facility might have on traffic and safety. 13. In addition to the defective and inadequate notice, the Planning & Zoning Department voted to change to the zoning regulations a. Without a public hearing; b. Without proper studies of the impact of the facility on traffic at the intersection of 3

Ciro Road and Foxon Road, a major commuter roadway through the Town; c. Without consultation with the Town Planner, who was not at the hearing of the Planning & Zoning Department on the proposed change to the zoning regulation; d. Without considering safety issues regarding the risk of an industrial accidents or deliberate terrorism involving a BLEVE in a densely populated residential area; e. Despite the fact that the zoning regulations in place prior to the change expressly prohibited bulk propone storage throughout the Town of North Branford; and f. Despite the fact that the Planning & Zoning Department had previously rejected a change proposed by the local Big Y grocery retailer to sell bulk propane, due do safety concerns. 14. Mayor Candelora and Councilman Fucci also attended a closed meeting of the North Branford Conservation & Inland Wetlands & Watercourses Agency (IWWA), representing to the members that the change in the zoning regulations had already been approved; they then used their influence to replace IWWA members to ensure approval of the application for the permit needed to create the bulk propane facility, which is adjacent to an inland wetlands area within the Town. 15. On or about May 15, 2015, rather than appear before the North Branford Conservation Inland Wetlands & Watercourses Agency, 2772 BPR, LLC requested that the Department adjudicate its application for a permit to conduct a regulated activity at 40 Ciro Road, pursuant to Conn. Gen. Stat. 22a-22a. 16. On or about November 18, 2016, Peter C. White filed a Petition for Declaratory Ruling with the Department of Energy & Environmental Protection, seeking a ruling on whether the Department had jurisdiction to adjudicate 2772 BPR, LLC s application to conduct a 4

regulated activity at 40 Ciro Road; the Commissioner indicated that he would rule on the Petition on or before May 17, 2017. 17. Despite the fact that jurisdictional issue is still before the Commissioner, on February 10, 2017, the Department Office of Adjudications granted 2772 BPR, LLC s permit application, allowing them to conduct a regulated activity, to wit, the discharge of storm water runoff, into the inland wetlands area. 18. Following the Department s approval, 2772 BPR s application to allow construction of the propane facility at 40 Ciro Road is currently before the North Branford Planning & Zoning Commission, scheduled to meet on March 2, 2017. 19. The North Branford Planning & Zoning Commission is scheduled to vote on whether to approve the site plan, even though the Department may have lacked jurisdiction to issue the permit to conduct a regulated activity at 40 Ciro Road, and therefore 2772 BPR, LLC s permit would be therefore invalid. 20. The Town of North Branford, and the Town of North Branford Planning & Zoning Commission changed the zoning regulations from what had been a Prohibited Use, bulk propane storage, to a right of use with site plan review, an administrative / ministerial review with no discretion, which is at the opposite end of the spectrum from prohibited use, and that this was done for the pecuniary benefit of a member of the Town Council, the land owner of the proposed site at 40 Ciro Road, and for the developer of the facility, 2772 BPR, LLC, who thereby stood to gain financially from the amended zoning regulations. 21. If the zoning regulations are enacted, the Applicant and the residents of the Town of North 5

Branford will suffer irreparable harm, resulting directly from the violations, in one or more of the following aspects a. Additional traffic onto Foxon Road, clogging an already congested commuter road; b. Anxiety from a small but extant risk of a catastrophic industrial accident, a boiling liquid expanding vapor explosion; c. Diminished property values due to the proximity of a potential industrial accident, i.e., a BLEVE; d. Erosion of public trust in the town government, which allow the construction of a bulk propane storage facility close to a residential area that was not done to promote the general welfare of the community and were not in conformity with the stated purposes of the zoning law, but instead was influenced by circumstances which should not have been considered in that one or more members of the Town Council and Planning & Zoning Commission, i.e., the advancement of the pecuniary and personal interests of Town Council members; e. The Defendants acts weakened public confidence and undermined the sense of security of individual rights. 22. The Applicant has no adequate remedy at law, because money damages are not at issue. 23. The applicant can establish the facts set forth in this application and affidavit, and believes there is a probability of success at trial of this matter, i.e., that the change in the Town s zoning regulations was accomplished through improper motive, purpose, and upon inadequate notice to the Town s residents. 24. The equities favor granting the injunction. 2772 BPR, LLC should not be allowed to proceed in the construction of the proposed facility until the validity of the zoning regulations has been established. 25. This is the first application for an injunction in this matter. 6

PROPOSED WAIVER OF BOND Pursuant to Conn. Gen. Stat. 52-472, the Applicant requests that the Court waive bond for the applicant for good cause shown, to wit, the Defendants will not suffer any pecuniary harm pending the resolution of this action. Furthermore, the applicant, North Branford Citizens Against Bulk Propane Storage is a citizen s group with limited resources. WHEREFORE, the Applicant seeks an order from this Court for a temporary injunction, enjoining, prohibiting and restraining the Town of North Branford, and the Planning & Zoning Commission, from approving any site plan for 40 Ciro Road that were based on the amendments to North Branford Zoning Regulations Section 23.1, Schedule A, and Section 23.2.6, allowing the storage of bulk propane at 40 Ciro Road. THE APPLICANT, NORTH BRANFORD CITIZENS AGAINST BULK PROPANE STORAGE, BY /s/ Peter C. White Peter C. White (425295) 21 Evergreen Drive North Branford, CT 06471 Tel. (203) 747-5532 Fax (203) 481-8388 attorneypeterwhite@icloud.com 7

RETURN DAY MARCH 21, 2017 SUPERIOR COURT NORTH BRANFORD CITIZENS JUDICIAL DISTRICT OF AGAINST BULK PROPANE STORAGE NEW HAVEN, Plaintiff, AT NEW HAVEN v. THE TOWN OF NORTH BRANFORD, THE TOWN OF NORTH BRANFORD PLANNING & ZONING COMMISSION, 2772 BPR, LLC, and DONALD FUCCI, Defendants. FEBRUARY 27, 2017 ORDER TO SHOW CAUSE Whereas, the foregoing application with prayer and motion for a temporary injunction, duly verified, has been presented to a judge of the superior court, the court not now being in session, and Whereas, upon application of the plaintiff, it appears that an order should be issued directing the defendants in this action to appear before the court to show cause why a temporary injunction should not issue; Now therefore, it is ordered that the defendants be summoned to appear before the Superior Court for the Judicial District of New Haven, at New Haven, the undersigned or some other judge of that court in Court Room in the Superior Court in and for the Judicial District of New Haven, at 235 Church Street, New Haven, Connecticut, 06510, on 2017, and then and there to show cause why a temporary injunction should not issue against them as prayed for in the foregoing application. Dated at BY THE COURT (, J.) 8

RETURN DAY MARCH 21, 2017 SUPERIOR COURT NORTH BRANFORD CITIZENS JUDICIAL DISTRICT OF AGAINST BULK PROPANE STORAGE NEW HAVEN, Plaintiff, AT NEW HAVEN v. THE TOWN OF NORTH BRANFORD, THE TOWN OF NORTH BRANFORD PLANNING & ZONING COMMISSION, 2772 BPR, LLC, and DONALD FUCCI, Defendants. FEBRUARY 27, 2017 To Any Proper Officer SUMMONS By authority of the state of Connecticut you are hereby commanded to summon the defendant in the foregoing action to appear before the Honorable, or some other judge of the superior court at the place and time specified in the foregoing order, then and there to show cause why a temporary injunction should not be issued as prayed for in the foregoing complaint and application, by serving in the manner provided by statute for the service of process a true and attested copy of the foregoing application and affidavit, order and this summons on the defendants on or before Hereof fail not, but due service and return make. Dated at. Commissioner of the Superior 9

RETURN DAY MARCH 21, 2017 SUPERIOR COURT NORTH BRANFORD CITIZENS JUDICIAL DISTRICT OF AGAINST BULK PROPANE STORAGE NEW HAVEN, Plaintiff, AT NEW HAVEN v. THE TOWN OF NORTH BRANFORD, THE TOWN OF NORTH BRANFORD PLANNING & ZONING COMMISSION, 2772 BPR, LLC, and DONALD FUCCI, Defendants. FEBRUARY 27, 2017 PROPOSED ORDER ON APPLICATION FOR TEMPORARY INJUNCTION The plaintiff's application and affidavit for a temporary injunction having come before the Court pursuant to an order to show cause why a temporary injunction should not issue as prayed for and the parties appeared and were fully heard; The defendant was duly notified of the order as appears by the officer's return endorsed thereon, but the defendant failed to appear and it appearing to the court or undersigned authority that a temporary injunction ought to issue, and [or] That, for good cause shown the Court is of the opinion that the temporary injunction ought to issue without bond. These are therefore, by authority of the state of Connecticut to command and enjoin you the Town of North Branford and the Town of North Branford Planning & Zoning Commissioner and each of your officers, servants, agents, and employees to wholly and absolutely desist and refrain from approving a site plan permit for 40 Ciro Road until the return day of the writ and complaint and until further order of the court. Dated at. Judge/ Clerk/ Assitant Clerk 10

CERTIFICATION OF NOTICE TO OPPOSING PARTIES The undersigned hereby certifies that on February 27, 2017, pursuant to practice book 4-5, the applicant gave notice of this application and a copy thereof to the following parties in the manner indicated 2772 BPR, LLC 229 River Street Guilford, CT 06437 (via First Class mail) Jeffrey T. Beatty Agent for 2772 BPR, LLC 25 Boston Post Road Guilford, CT 06437 (via email and First Class Mail) Donald Fucci 22 Beech Street North Branford, CT 06471 (via First Class mail) Town of North Branford 909 Foxon Road North Branford, CT 06471 (via First Class mail) North Branford Planning & Zoning Commission 909 Foxon Road North Branford, CT 06471 (via First Class mail) BY /s/ Peter C. White Peter C. White (425295) 21 Evergreen Drive North Branford, CT 06471 Tel. (203) 747-5532 Fax (203) 481-8388 attorneypeterwhite@icloud.com 12

AFFIDAVIT IN SUPPORT OF EX PARTE TEMPORARY INJUNCTION The Affiant, Peter C. White, being duly sworn, deposes and says 1. I am over 18 years of age and I understand the obligations of an oath. 2. I have read the contents of this foregoing application for temporary ex parte injunction and I have made reasonable investigation into their veracity. 3. I have interviewed witnesses present at the Town meetings described herein, reviewed the relevant public records, reviewed admissions made by the parties, and believe the statements made in this application to be true to the best of my knowledge and belief. 4. Regarding the allegations of which I do not have personal knowledge. I believe them to be true based on specified information, documents, or both. Pifter C. White State of Connecticut County of Hartford ss Hartford Personally appeared Peter C. White, and made oath to the truth of the matters contained in foregoing Lication, before me. "'"'-VN^ry^blic " '!**'-!!l'^<^ommission expires