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New Haven Planning Commission
Joint Meeting with Zoning Board of Adjustment
New Haven Town Hall
September 20, 2006
Members Present: Allen Karnatz, Tom Boise, Susie Leonard, Donald Johnston,
Stuart MacCrellish, Mike Sweeney
Members Absent: Jim Walsh
Staff Present: Cris Messerle, Zoning Administrator (ZA)
Guests: Daniel Morse, Judy Hayes, ? Wallace, Robert Allen, Ramona Morse, Candace Swain, Bernard Noble, Barbara Bolduc, Peter Bolduc, Brian Elithorpe, Jim Foley, Eric Benson.
Allen Karnatz called the Planning Commission (PC) meeting to order at 7:30 PM
1) Ramona Morse requests a conditional use permit, to add a U-Haul rental operation, on her highway commercially zoned property. The property is currently occupied by a retail store and U.S. Post Office.
Allen Karnatz indicated that the PC would be doing a site plan review, and there are seven items that will be considered they are:
Public comment period open
No comments
Public comment period closed
Allen Karnatz asked if the proposed building, 30. x 40 and the proposed porch 12 x 20 are part of the site plan application. Cris Messerle indicated that they were.
Donald Johnston asked if Ramona would be making any changes other than the proposed addition. Ramona indicated she would be making some slight changes to parking.
Susie Leonard mentioned that the site map did not show parking behind the Post Office. Would there be any on site circulation issues with the Post Office truck and site traffic. Ramona indicated that the Post Office truck comes twice a day and is there for 15/20 minutes at a time, there will not be any interference with traffic flow. There will be no truck parking on the side of building.
Donald Johnston asked if the addition would be used as a garage for the U-Haul trucks. Ramona indicated the addition would be a retail/work area for the business.
Cris Messerle indicated that Ramona has a business partnership with someone else would works independently but will work out of the property. Would this be an issue with the PC?
Susie Leonard asked if it was another use. Cris Messerle indicated that it would not be a different use.
Susie Leonard was looking for clarification that the site plan includes the 30 x 40 addition on the north side of the existing shop. This addition was not included in the Zoning Board of Adjustments (ZBA) approval. Allen Karnatz indicated that was correct.
Tom Boise made the motion to accept the proposal (site plan) as presented.
Mike Sweeney seconded
Discussion – none
Vote: Yes – 7 No -0 Abstention = 0
Motion carries.
Allen Karnatz indicated that PC has a 30 day appeal period and the ZBA also has a 30 day appeal period.
This section of the PC meeting ended at 7:50 PM
The next section of the PC meeting began at 9:00 PM
2) Phoenix Feed Company (Brian Elithorpe, owner), requests a site plan approval to operate a transloading and animal feed mixing process. The business to be located in a building of the current, VT Railway property on Ethan Allen Highway, New Haven Junction. Said property is currently zoned as Industrial. The operation would receive bulk grain product from rail cars and mix the grains, producing an animal feed product.
Cris Messerle mentioned the conflict the Town of New Haven as with VT RR on this site. Cris Messerly felt that VT RR should come to the PC with all site plans for uses with this property. VT RR has indicated that it has federal exemption and does not have to work with the Town or State on these issues. Cris Messerle, at the request of the PC, has gone to Jim Ouimette (Town Attorney) with this issue. This discussion is currently ongoing with Jim Ouimette’s office (Town Attorney) and VT RR at this time, in the meantime, Jim Ouimette’s feeling is that the PC should be looking at the whole site for review, not just a certain section of the site.
As Brian Elithorpe – Phoenix Feeds is ready to do business out of the VT RR location; Jim Ouimette indicated the PC may impose conditions directly to Phoenix Feeds.
Eric Benson, Attorney for VT RR, explained that when the RR develops property, this property is exempt from local and state issues. But VT RR would be happy to share names and information of new and prospective customers to the PC. At this point in time there are no new customers.
Public comment period opened
Barbara and Peter Bolduc read a letter they had written expressing their concerns with the potential move of Phoenix Feed to the New Haven Jct. The concerns addressed were with regard to noise, hours of operation, air pollution and rodent control issues.
Bernard Nobel expressed his concerns regarding noise due to increased truck and train traffic, and Noise with regard to the mixing process, hours of operation, air pollution and rodent issues with regard to the nature of the business
Brian Elithorpe addressed these items. Mixing of the feed would be done inside the building, there would be no increase in truck traffic then there is currently moving through the Jct., the hours of operation could occasionally begin at 4:00AM and continue to 11:00 PM. There would be no smells/dust associated with the mixed feed.
Public comment period closed
Jim Walsh was not present but sent a letter address his concerns. (see attachment to these minutes).
Donald Johnston asked if there would be any changes to the site and/or the road layout. Brian Elithorpe indicated there would be no changes.
Susie Leonard asked if Phoenix Feeds would be using the truck scale. Brian indicated not at this time, but may use the scale some day in the future. If they do use the scale it would be at a minimum. Susie mentioned that Phoenix Feeds would then come back to the PC for approval. Brain asked if they had too. Susie mentioned that before circulation on site could be discussed, a delineated site plan area needs to be set. Jim Foley, Attorney for Brian Elithorpe/Phoenix Feeds, indicated the site plan area would include the 120. x 120 building (yellow colored square on site map), the area for truck parking (north side of the structure that is being rented) and access road and the truck scale.
The PC discussed if this was a reasonable site plan, or if more details (parking, etc.) were needed before further discussion commenced. Jim Foley indicated that Phoenix Feeds has the right to use the truck scale but not an exclusive use, Phoenix Feeds has the right to use, in common with others, the roadway out to Route 7, so the site includes the building, the parking area and the roadway out to Route 7.
Susie Leonard asked if AOT had sent with their letter for access approval, a diagram showing access, and she asked about a letter from Fire Safety regarding and unresolved safety issues . Jim Foley indicated that safety was addressed on site only (not in and out of Road to Route 7) between Route 7 and the buildings. The AOT letter indicates multiple accesses.
Cris Messerle indicated that VT RR should come before the PC for an overview of the whole site, which they are not doing. Jim Ouimette’s feeling is that the PC should be looking at the whole site for review, not just a certain section of the site. Jim Foley indicated that Phoenix Feeds is subject to PC control only to the elements in the lease.
There was discussion as to if the PC should consider the VT RR parcel has a whole entity, or if the site should be considered piecemeal as new tenants are found. Allen Karnatz indicated that the PC did not have enough information to address the whole site plan and VT RR was not going to provide more information.
Allen Karnatz passed around a map that indicates a site plan for the Phoenix Feeds lease.
Tom Boise made the motion to use the revised map with yellow outlines as the basis for site plan approval.
Mike Sweeney seconded.
Discussion
Susie Leonard would vote for the motion but not if it implies the information on the map is adequate. Tom Boise asked if that information includes where the trucks were to be parked. Susie indicated yes.
Allen Karnatz indicated that the PC was voting on the site plan area only and amendments can be made further on.
Vote: Yes – 7 No = 0 Abstention- 0
Motion carries.
Allen Karnatz indicated that this vote indicates what area within the total parcel the PC would be looking at tonight for Phoenix Feeds.
Allen Karnatz indicated that landscaping was addressed in the site plan application and some maple trees were proposed. Brian Elithorpe indicated that Cris Messerle would not accept the application until landscaping was addressed. Brian Elithorpe mentioned in a letter that he felt that the property was very well screened now. Cris Messerle indicated that he knew landscaping was something the PC looked at very strongly on all applications.
Further discussion occurred regarding the site and landscaping.
Mike Sweeney made the motion to approve the site plan, less the trees, due to the location of the building.
Tom Boise Seconded
Discussion
Susie Leonard proposed an amendment for a condition, requiring Brian Elithorpe/Phoenix Feeds plant and maintains three or four evergreen shrubs (2 to 3 foot high) outside of the right of way near the access to Route 7 by June 30, 2007.
Stuart MacCrellish seconded
Discussion – none
Vote on the amendment to add to the current motion:
Yes – 3 (no majority) No – 3 Abstention – 0
Motion did not carry
Back to the original motion…to approve the site plan, less the trees, due to the location of the building.
Donald Johnston wanted to confirm that the truck parking as shown on the map would be to the west and south of the former milk plant building. That was confirmed.
Vote: Yes – 6 No – 1 (Susie Leonard) Abstention – 0
Motion carries
Tom Boise made the motion to adjourn
Allen Karnatz seconded
Discussion – none
The meeting adjourned at 10:00 PM
Respectfully submitted
Karen Gallott
Attachment: Jim Walsh’s statement re: Phoenix Feeds