Thursday, January 10, 2013
Dainty Rubbish Special Exception Approved with Conditions
The application aired an intergenerational struggle within the Armetta family. Philip Armetta, the father, used to run Dainty Rubbish and still owns 90 IPR, which he leases to Dainty Rubbish, now controlled by Philip's children. Michael Armetta is now president of the company.
Philip stated to the commission that three months ago he told his children he was not renewing the lease on 90 IPR to Dainty Rubbish, which triggered Dainty's application for a special exception to condense operations onto the lot controlled by the children.
Stephen Devoto spoke to the application on behalf of the Westfield Residents Association. Devoto said the WRA supported the application if approval included the condition recommended by the City Planner that the operation be limited to 200 tons per day. Although Dainty had been an "outstanding neighbor" for its entire existence in the neighborhood, Devoto said companies do change hands, so it is important to tailor the special exceptions to the land and not its current owners.
Commission staff, represented by Michiel Wackers, explained the staff recommendation for approval with conditions, among them a 200 ton per day limit, which exceeds the actual tonnage per day in recent years. He also told Commissioners that the opinion of experts (for example traffic engineers) did not automatically count for more than lay persons who used their experiences to come to a different conclusion.
The conditions the commission imposed did not match any speaker's suggestions perfectly. Aggrieved parties have a right of appeal into Superior Court.