New Haven Development Review Board
New HavenTown Hall
July 9, 2008
Members Present:George Apgar, Donna Blaise, Tim Bouton, Stuart MacCrellish, Watson Scott, Mike Sweeney
Members Absent:John Evers
Alternates Present:Andy Dykstra, Jim Gallott
Staff Present:Cris Messerle, Zoning Administrator
Guests:Patricia Colander, David Colander, John Madden, Tim Vallee (RL Vallee, Inc.) Chris Galipeau (Civil Engineering Assoc.), Betty Bell, Lou Dupont, Bev Landon
Tim Bouton, Acting Chair, called the Development Review Board (DRB) meeting to order at 7:00 PM. Both alternates present tonight will be voting members. The Chair will not vote.
Public Hearing
1)Stark Mountain Woodworking (Lou Dupont) requests 1) a conditional use permit to operate a woodworking business within a Neighborhood Commercial Zoning District and 2) a site plan review to construct two additions and a wood burning heating building in the rear of the property. Parcel #0256-100 2008-DRB-001.
Lou Dupont partner of Stark Mountain Woodworking (SMW) explained that they would like to enlarge the existing paint room (to make it more function able) via a new foundation, approx size 51’ x 20’would encompass the old paint room; build a separate building, approx size 20’ x 30’ in back of the main structure to house a wood boiler that would burn SMW’s wood scrap to provide heat to the building; and enclose the existing open porch on the back of the building (approx size 8.5’ x 24’) making it an entryway, cloak room with bathroom for the employees. Immediate plans for construction would be the enlargement of the paint room and building to house the wood boiler. SMW is hoping to have construction begin by August with the wood boiler installed by October 2008. Enclosure of the porch would probably take place in the summer of 2009.
In additional SMW will be upgrading the existing septic system this year. Spencer Harris from VT Contours has designed a new leach field to be installed across the creek which runs behind the building onto John Palmers land. John Palmer has granted his agreement with this arrangement. Lou presented the State permit for the septic design.
In regard to item #1 the conditional use permit - Lou gave a brief history of the property. The concrete block barn was built in 1948 to house chickens; for a period of time it stored furniture, in the 1970’s it became an organic grain mill. John Harris ran a machine shop from this location in the late 1970’s where he sold woodworking machinery; Steve Goss bought the barn and had a pottery business from 1989 though 1990. SMW bought the property and have been operating from this location for the past 11 years.
There was discussion between SMW and Chris Messerle, Zoning Administrator on the location of the Neighborhood Commercial boundary, which was found to bisect the middle of the building. Lou Dupont then called and Allen Karnatz, Planning Commission. Allen indicated that it was always his understanding that the entire property was considered to be part of the Neighborhood Commercial zone.
Bev Landon indicated that it was always the intent from the beginning to have all of the SMW property included in the Neighborhood Commercial zone.
Cris Messerle indicated that he had spoken with Bev Landon and Amos Roleau and both agreed it was always the intent to have the entire property in the Neighborhood Commercial Zone. Further research on the property indicated a conditional use permit was never issued for the SMW business. Nor were any permits granted in the paston this property. Because of this finding Cris encouraged Lou Dupont to come to the DRB to seek a conditional use permit to have all of the property located in the Neighborhood Commercial zone.
It was recommended that Lou Dupont go the Planning Commission to request a change in the zoning district boundary to include the entire chicken barn property.
In regard to item #2 – Lou explained the type of wood boiler that SMW is looking at. The boiler is manufactured to be placed inside a building with a stack out of the top of the building. It’s a clean burn with very little ash residue.
Concern was expressed on how this boiler would impact the air quality in the residential neighborhood and if SMW would only be burning clean wood (no glue, no painted wood) and how the DRB would feel more comfortable with this project if Lou Dupont was able to procure a letter of approval from the State.
Lou explained that they would burn scrap kiln or air driedclean wood (no painted wood)and are in discussions with Chris Jones fromthe State to see if they can burn clean non-formaldehyde plywood. There is a possibility that SMW would augment burning with round wood or slag wood. By moving the wood boiler to another building it is slightly expanding theproduction space of the current paint area and improving the efficiency of this area.
The DRB concluded that setbacks are met.
Open for Public Comment
John Madden is concerned that a president would be set by allowing a separate new building for the wood boiler. John also expresses concerns regarding air quality.
Discussion commenced by the DRB on air quality, the building of a new building to house a wood boiler. Conclusion was if there were issues regarding air quality the application would be in violation of Section 810; a new building would have to conform to the Town Regulations.
Public Comment Closed
Mike Sweeney made the motion to address this application into two pieces:
Section 1) A conditional use permit to operate a woodworking business within a Neighborhood Commercial Zoning District and;
Section 2) Site plan review to construction two additions and a wood burning heating building in the rear of the property
Stuart MacCrellish seconded
Discussion – none
Vote:
Yes – 7 (Apgar, Blaise, MacCrellish, Scott, Sweeney, Dykstra, Gallott)
No – 0
Abstention – 0
Motion Carries
Mike Sweeney made the motion to approve a conditional use permit to SMW’s woodworking business to operation within a Neighborhood Commercial zoning district.
Andy Dykstra seconded
Discussion – The DRB advised Lou Dupont to continue to pursue this issue with the Planning Commission to clear up any discrepancy. Approval tonight by the DRB does not give approval to SMW to expand on the nonconforming portion of the building located in the RA2 district, but gives approval for SMW to operate within the Neighborhood Commercial districtand the portion of the building not in the Neighborhood Commercial zone would be grandfathered for its current use; due to the past history of the building and the fact that SMW is a retail establishment, not a wholesale establishment, as they sell directly to its customers. It was established that SMW met all conditional use regulations. There was discussion regarding SMW’s hours of operation and noise levels.
Jim Gallott made an amendment to the motion to add a condition. To address potential noise level before 8:00 AM and after 5:00 PM all windows and doors of the building be closed while machinery is running and in operation
Mike Sweeney seconded
Vote on the amendment:
Yes – 6 (Apgar, MacCrellish, Scott, Sweeney, Dykstra, Gallott)
No – 1 (Blaise)
Abstention – 0
Amendment carries
Vote on the motion
To approve to approve a conditional use permit to SMW’s woodworking business to operation within a Neighborhood Commercial zoning district., and to address potential noise level before 8:00 AM and after 5:00 PM all windows and doors of the building be closed while machinery is running and in operation.
Vote:
Yes – 7 (Apgar, Blaise, MacCrellish, Scott, Sweeney, Dykstra, Gallott)
No – 0
Abstention – 0
Motion carries
Andy Dykstra made the motion to approve SMW’s site plan as presented.
Mike Sweeney seconded
Discussion –The DRB was in agreement only if the building and property could all be included in the Neighborhood Commercial zoning district. There was further discussion regarding the Neighborhood Commercial boundary line.
Andy Dykstra withdrew his motion.
Stuart MacCrellish made the motion to table SMW’s site plan as a continuation at the next DRB meeting on July 15, 2008.
George Apgar seconded
Discussion – none
Vote:
Yes – 7 (Apgar, Blaise, MacCrellish, Scott, Sweeney, Dykstra, Gallott)
No – 0
Abstention – 0
Motion carries
2)RL Vallee Conditional Use/Site Plant Review Hearing – Continuation.
Mike Sweeney recused himself from this hearing, as his company does business with RL Vallee. Tim Bouton, will be a voting member on this hearing.
Tim Bouton handed out copies of a letter from Sam and Maura Lester regarding RL Vallee’s conditional use permit (see attached).
Chris Galipeau and Tim Vallee indicated modifications to the site plan since the previous DRB meeting on June 18, 2008); these changes apply to the berm area- increasing the height of the berm to 3 to 4 feet, landscaping – a mixture of deciduous and evergreen, lighting and setback according to Jim Ouimette (Town Attorney) is measured from the centerline of Route 7. The 200 foot setback is not a building setback but also a setback to the parking for the conditional use. To meet this requirement RL Vallee has moved all parking spaces back to meet the 200 foot setback from the centerline of Route 7.
There was considerable discussion regarding the backup beepers especially during the night time hours, since trucking hours cannot be limited due to the content of the product. Some ideas that came forth were to switch the beepers off at night and on during the day; using strobe lighting at night. This idea (if permitted by VTrans and Federal guidelines) might address the noise level concerns by the surrounding residential area.
There was discussion regarding the landscape screening for the parking area. RL Vallee should provide more landscaping to the north and west.
Open for Public Comment
Pat Colander felt that the 200 foot setback issue was being violated, because the area where the trucks are when backing up is located within the 200 foot setback.
David Colander indicated that the noise of the beepers travels through their residential trees, so he doesn’t feel more tree landscaping will help. Also the current use of this site is a much different use than in the past. David would like to have decibel readings done “on the ridge” as well as on their property.
Tim Vallee felt that the major concern was the backup beepers.
Stuart MacCrellish indicated that RL Vallee should get decibel readings from trucks backing up, from the center of Route 7, the property line of RL Vallee’s site and the Colander’s property.
John Madden indicated that the number of trucks/trailers parked on site has increased over time and he can hear the backup beepers at his residence a half mile away. The beepers have an adverse effect on the surrounding residential neighbors. He also felt there should be no commercial activity within the 200 foot setback distance.
Public Comment Closed
Chris Galipeau indicated that they will do research on the use of strobe lights; more work on screening; will try to get decibel readings from the centerline of Route 7 with a truck backing up.
The DRB agreed to do a site visit on Wednesday, July 16, 2008 at 6:30 PM.
Tim Bouton made the motion to continue the RL Vallee hearing at the next DRB meeting on July 16, 2008.
Watson Scott seconded
Discussion – none
Vote:
Yes –7 (Apgar, Bouton, Blaise, MacCrellish, Scott, Dykstra, Gallott)
No – 0
Abstention – 1 (Sweeney)
Motion carries
Visitors Business – none
Review of Minutes
Stuart MacCrellish made the motion to accept the June 18, 2008k, DRB minutes as presented.
Watson Scott seconded
Discussion – none
Vote:
Yes – 5 (Bouton, MacCrellish, Scott, Dykstra, Gallott)
No – 0
Abstention – 3 (Apgar, Blaise, Sweeney)
Motion carries
Correspondence – none
New Business – none
Old Business – none
Stuart MacCrellish made the motion to adjourn
Mike Sweeney seconded
Discussion – none
Vote:
Yes - 7 (Apgar, Blaise, MacCrellish, Scott, Sweeney, Dykstra, Gallott)
No – 0
Abstention – 0
Motion carries
The meeting was adjourned at 10:10.
Respectfully Submitted by
Karen Gallott
Tim Bouton, Acting ChairGeorge ApgarDonna BlaiseStuart MacCrellish
Watson ScottMike SweeneyAndy DykstraJim Gallott
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