Development Review Board
January 21, 2009
Town Hall, New Haven
Members Present:George Apgar, Donna Blaise, Stuart MacCrellish, Watson Scott, Mike Sweeney
Members Absent:Tim Bouton,John Evers
Alternates PresentJim Gallott
Alternates Absent:Andy Dykstra
Staff Present:Cris Messerle, Zoning Administrator
Guests: David Colander, Patrice Colander, John Madden
Donna Blaise presided as Acting Chair, and called the Development Review Board (DRB) meeting to order at 7:00 PM.
Public Hearing
There were no warned public hearing this evening.
Public Hearing Closed
Visitors Business
Pat and David Colander were here tonight to discuss the recent Environmental CourtStay of Operation of their appeal on the RL Vallee project.
David and Patrice Colander are appealing the DRB’s decision on RL Vallee’s Conditional Use and Site Plan planned for the Mobil Station located on the east side of Ethan Allen Highway (Route 7). The Conditional Use was for the construction and expansion of the current freight truck terminal. The current freight truck terminal as argued by RL Vallee, is grandfathered and this was accepted by the DRB with their affirmative vote on October 15, 2008.
The Environmental Court Judge has suggested that the Colander’s come back to the DRB and ask for the DRB’s reason for not stopping RL Vallee from operating a freight trucking terminal until they have a permit to do so and to request that the DRB stop RL Vallee from operating until RL Vallee obtains a valid permit. (SEE ATTACHED NOTES from David Colander).
The Environmental Court granted a Stay of Operation of the Conditional Use permit. The Stay of Operation on the Conditional Use permit does not prevent RL Vallee from operatingthe freight trucking terminal. The Colander’s need to present evidence that the freight trucking terminal operation is not grandfathered as claimed by RL Vallee. If evidence is presented showing the use is not grandfathered to the DRB and the Zoning Administrator (ZA), then the ZA can enforce the Stay of Operation by issuing a Notice of Violation to RL Vallee and see that operations are stopped until RL Vallee has a valid permit.
On advice from a legal consultant that the Colander’s have sought, it was suggested that if the DRB chooses not to issue a Notice of Violation to RL Vallee, then the Colander’s should seek a written statement from the DRB’s stating their reasoning.
The Colander’s presented a written history of MacIntyre Fuel’s that they obtained from Roch MacIntyre on January 19, 2009, a Lister’s record that states the property was an office/mini-mart in 1985 and a building permit application for renovations in 2003 which talks about continuing use for the gas station and mini-mart only. This evidence does not make any mention of a freight trucking terminal at this site. (SEE ATTACHED)
Pat Colander stated if a violation is not issued and enforced, then the Town is open to a lawsuit for not enforcing their By-Laws. If RL Vallee does not stop the operation of the freight trucking terminal now, the Town of New Haven is responsible for suing RL Vallee and if the Town of New Haven does not sue RL Vallee, then the Colander’s will sue the Town of New Haven.
Cris Messerle indicated that he was aware of the Stay of Operation from the Environmental Court and has consulted with Jim Ouimette, Town’s Attorney. Jim Ouimette, based on what information he had at that time, felt that the Stay of Operation was on the permit for the conditional use and expansion of the freight trucking terminal that the DRB just approved. Jim Ouimette felt that anything prior to this was not part of the Stay of Operation unless it required a permit. If RL Vallee was doing something that the Town felt a permit was required this would not be included in the stay.
The Colander’s acknowledged that this could take 3 or 4 years to get through the courts. The Colander’s contacted Cris Messerle to have him contact RL Vallee to see if they would stop using the backup beepers at night. Cris indicated the answer he received from RL Vallee was no.
The Colander’s feel that have presented evidence that the site is not grandfathered for a freight trucking terminal.
The DRB felt they could take no action on the Colander’s complaint this evening. The DRB asked Cris Messerle to research the past usage of this site and bring it to the attention of the DRB before any action be taken.
Minutes
Jim Gallott made the motion to accept the January 14, 2009 DRB minutes as presented.
Stuart MacCrellish seconded
Discussion – none
Vote: Yes – 4 (Apgar, Blaise, Gallott, Sweeney)
No – 0
Abstention – 2 (MacCrellish, Scott)
Motion carries
Correspondence – None
New Business
A) Discuss upcoming DRB member term expiration dates.
Term expiration date of Town Meeting day, March 3, 2009 for the following DRB members
John Evers – absent tonight
Stuart MacCrellish- still thinking
Andy Dykstra – indicated at the 1/17/089 meeting he would be will to stay as an alternate
Watson Scott – does not seek reappointment – recommends Jim Gallott to replace him
B) Discuss change of use and condition use issues.
Cris Messerle indicated that there are two different kinds of use that fall under the Change Of Use heading. A Permitted Use orType of Use. Cris felt that the DRB should look at an entire operation and consider it all under one type of use. Cris indicated that he did not feel the research that he does gathering information (from the Town’s Attorney, Regional and State Planning) and presents to the DRB prior to an applicants hearing is being listened to seriously by the board. He felt this was a disconcertment to himself and to the other professions he consulted with.
Effective today the Town of New Haven has a new attorney, Cindy Hill.
Stuart MacCrellish made the motion to adjourn.
Jim Gallott seconded
Discussion – none
Vote:Yes – 6 (Apgar, Blaise, Gallott, MacCrellish, Scott, Sweeney)
No – 0
Abstention – 0
Motion carries
The meeting was adjourned at 9:30 PM
Respectfully Submitted By:
Karen Gallott
Donna Blaise, Acting ChairGeorge ApgarJim Gallott
Stuart MacCrellishWatson ScottMike Sweeney
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