Thursday, January 10, 2013

Dainty Rubbish Special Exception Approved with Conditions

The Planning and Zoning Commission Wednesday night approved with conditions the application of Dainty Rubbish Service, Inc. for a special exception allowing it to condense its transfer station operations now spread over two abutting lots on Industrial Park Road (80 and 90) onto 80 IPR only. The two lots are each about 2.5 acres. The three conditions were a limit of 250 tons of waste per day (the applicant had sought 750), that trucks not be allowed to back up onto Industrial Park Road, and that operations on 80 IPR not be allowed to interfere with ingress and egress to 90 IPR, a rear lot, over an existing easement connecting 90 to IPR.

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.

Philip Armetta expressed concerns that the proposed traffic flow on the revised lot 80 would hamper ingress and egress to his rear lot, #90, negatively impacting its value and usefulness. In a change of position since the commission's December 2012 meeting, Mr. Armetta withdrew his objection to the application if it were conditioned in ways set forth by his attorney, Michael F. Dowley. Armetta requested that Dainty trucks be stored off-site, that the rear lot be granted a second easement to allow a separate egress through the front lot, and that the tonnage allowed to be transferred be reduced.

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.


Anonymous said...

The opinions of experts by zoning rules do in fact count as more than lay persons. Also the article fails to point out the crux if the issue that by special exception thr 2 acre lot had been allowed 250 tons a day , so to Grant any less was open season for a lawsuit. Very important facts shoeing, yes, commissioners did their jobs and did not snub WRA as the article hints at.

Anonymous said...

Expert testimony of course is weighed more than non experts! Scary!!!!

Anonymous said...

In this case the lawyer was claiming expert opinion on traffic volumes when in fact experts only opined on traffic movement on the site. Lawyer said 32 trucks a day when it was in fact 160-180 trucks in and out and and most likely concentrated in morning and afternoon. trucks have to pick up garbage before they transfer it to larger trucks.

and ALL previous approvals for 80 included 90.