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Planning board approves amended site plan and special permit for SM Sales at 69 Celery Ave with operating conditions

2173518 · January 1, 2025
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Summary

The Town of Goshen Planning Board approved an amended site plan and special permit for SM Sales (69 Celery LLC) with conditions addressing wastewater separation, parking surface, hazardous materials setbacks, truck trips, and noise compliance.

The Town of Goshen Planning Board voted to approve an amended site plan and a special permit for SM Sales (69 Celery LLC) at 69 Celery Avenue, subject to specific conditions including engineering sign-offs, restrictions on hazardous materials, limitations on outside storage and truck activity, and compliance with town noise regulations.

The board opened a public hearing on the application, heard from the applicant’s attorney and engineer, reviewed an updated draft resolution and placeholders for conditions, then closed the hearing and approved an amended resolution of conditional approval as modified at the meeting.

Why it matters: The approval allows a manufacturing use at a property in the AI district with multiple overlay zones (AQ-3, floodplain/ponding, street corridor, watershed). The board added conditions intended to protect water resources, limit off-site nuisance impacts and preserve enforceability through town review.

Key points and conditions the board placed on approval include: prior to signing plans the applicant must comply with the town engineer’s memorandum (Sept. 13, 2024) and demonstrate adequate wastewater separation distances (including dye test/inspection) with return to the board if the system is inadequate; parking shall be gravel as shown unless the building inspector determines gravel creates unanticipated nuisance/safety conditions in which case paving may be required; hazardous material storage is prohibited within 100 feet of the watercourse per town code section 97-26(d) (the board also discussed including well setbacks and noted a 200-foot sanitary control where applicable); no outside storage of materials is permitted by the approval; no degreasing or use of chemicals in the manufacturing use is permitted; if the building inspector determines truck activity substantially exceeds applicant estimates (applicant had described about one delivery per week and one to two truckloads of finished material shipping out each day), the applicant shall return to the planning board for further review; and the applicant must comply with town noise regulations (referenced in the draft as Chapter 33A) and the board added a requirement to memorialize noise limits on the plans.

During discussion board members asked about whether an ADA-accessible parking stall must be paved (the board determined accessible stalls must be paved/blacktop or concrete), and asked that references to wells and the watercourse be made explicit in condition language. The applicant agreed to provide the signed resolution once finalized.

The board made the motion to adopt the amended resolution as modified at the meeting; the motion was seconded and carried (vote recorded in the transcript as a voice vote of the board; specific roll-call tallies were not specified in the hearing record).

The board’s approval is conditional on the cited items being resolved to the town engineer’s and building inspector’s satisfaction before final plan signing.