Manufacturing and Processing Code
Limitation of Manufacturing and Processing in LB-SL
The building plan for 1355 Kings Hwy. centers around the manufacturing and processing of whiskey to both be sold on premises and exported to suppliers. Town Code 98-29:Kunder the section for “Special requirements for specific uses” states,
Manufacturing, assembling, converting, altering, finishing, cleaning or other processing of products in reference to the LB-SL District. This use shall apply to manufacturing, assembling, converting, altering, finishing, cleaning or other processing of products where goods so produced or processed are to be sold exclusively on the premises, provided that:
(1) Not more than two employees are engaged in such production or process.
(2) The area used for the production process shall be fully concealed from any street or residence and shall be not greater in area than 50% of the area devoted to retail use.
The Distillery proposed for 1355 Kings Highway would fall within both the manufacturing and processing segments of this code. Therefore, no more than 2 employees would be permitted to engage in the production process. It is unclear whether a distillery this size would be able to function with less than 2 employees. In the event they did, it would be lending to a decrease in overall fire safety as noted in the following section of this report.
Furthermore, when creating a Whiskey product, the aging process is part of the manufacturing. Therefore, all areas of aging or storage would need to be factored into the ratio of production:retail use. Being that the aging process of the manufacturing is posited to take place in the distillery itself, the catering hall, and the storage shed, mathematically, it cannot adhere to the code listed above which stipulates that production area may not be greater than 50% of retail use area. The latest plan shows aging to take place in over 3,300 sq ft. of space, with the distillation process to take place in even greater square footage located in the main building. That would mean, based on the aging/storage space alone, the retail area would have to be over 6,600 sq ft., which is not available on the building plan.
The building plan for 1355 Kings Hwy. centers around the manufacturing and processing of whiskey to both be sold on premises and exported to suppliers. Town Code 98-29:Kunder the section for “Special requirements for specific uses” states,
Manufacturing, assembling, converting, altering, finishing, cleaning or other processing of products in reference to the LB-SL District. This use shall apply to manufacturing, assembling, converting, altering, finishing, cleaning or other processing of products where goods so produced or processed are to be sold exclusively on the premises, provided that:
(1) Not more than two employees are engaged in such production or process.
(2) The area used for the production process shall be fully concealed from any street or residence and shall be not greater in area than 50% of the area devoted to retail use.
The Distillery proposed for 1355 Kings Highway would fall within both the manufacturing and processing segments of this code. Therefore, no more than 2 employees would be permitted to engage in the production process. It is unclear whether a distillery this size would be able to function with less than 2 employees. In the event they did, it would be lending to a decrease in overall fire safety as noted in the following section of this report.
Furthermore, when creating a Whiskey product, the aging process is part of the manufacturing. Therefore, all areas of aging or storage would need to be factored into the ratio of production:retail use. Being that the aging process of the manufacturing is posited to take place in the distillery itself, the catering hall, and the storage shed, mathematically, it cannot adhere to the code listed above which stipulates that production area may not be greater than 50% of retail use area. The latest plan shows aging to take place in over 3,300 sq ft. of space, with the distillation process to take place in even greater square footage located in the main building. That would mean, based on the aging/storage space alone, the retail area would have to be over 6,600 sq ft., which is not available on the building plan.
Volatility and Critical Facilities in a Flood Plain Code
Stormwater Management, Runoff and Pollution Code |
- RUNOFF POLLUTION AND FLOODING
- 100 year floodplain on site with land disturbance proposed within 25 ft. of Creamery Pond. There is a threat posed to the adjacent Creamery Pond, runoff issues posed by the land’s sloping gradient, problems with stormwater management by developing over half the property, and a great flood risk posed to neighboring residents. In addition there may be a threat posed to the endangered species of bog turtle that resides around this particular property (pgs. 15-20).
- Town Code 52-13:A2 & code 52-13:A3
Air Pollution Code
- AIR POLLUTION
- There is a significant environmental impact specifically in terms of air pollution via the pervasive black fungus, Baudoinia Compniacensis, created by Whiskey distillation. The fungus and odor produced by distillation will carry far beyond the property’s boundary (pgs. 21-24).
- Town Code 98-17:A
Parking Code
- PARKING
- The applicant is requesting a parking waiver as parking is way under requirement. Vehicle overflow from the Catering Hall venue will severely limit or impede parking for hamlet residents and patrons. Chester’s Comprehensive master plan already acknowledges the major deficits within SL’s streetscape and inadequate parking, this plan extremely exacerbates existing problems.
- Town Code 98-22:C1, and Town code 98-22:C2
Noise and Light Pollution Codes
NOISE/LIGHT POLLUTION
- The reflection, reverberation and amplification of both noise and light across a body of water, in combination with the volume of people and vehicles projected for this venue, would result in a serious disruption to the quality of life for residents adjacent to the rear of the facilities.The hours of operation increased from the Owners’ specific statement at the last Planning Board meeting of “until 9PM” to now: last until midnight, seven days a week. The hamlet includes residences with lots close together therefore loud music and similar disturbances will be a nuisance.
Buffer Landscaping Codes
BUFFER LANDSCAPING
- Town code requires at minimum 25 feet buffer from federal wetlands. While the applicant wants to encroach on this important natural resource, the Planning Board should actually require additional buffer protection as in their authority. The clear cutting of mature trees is against Town code and now limits the ability to screen project for noise and lighting (pg. 31).
Cemetery Disturbance Code
VARIANCE
- The applicant wants relief of the Town’s cemetery law requiring 100 foot set back due to a self-created difficulty, thereby ignoring the purpose of the law and setting a precedent for other applications for the same. Furthermore, the cemetery law is not part of the zoning law so the Planning Board should not grant a waiver when there is no such provision.
- Town Code 40-A5
Future Use Map
Interestingly, according to the Town of Chester's 2015 Comprehensive Plan, the lot proposed for the Broccoli Patch distillery was zoned for "Institutional" use. The Comprehensive Plan goes on to define these spaces as "municipal buildings... and not-for-profit institutions". The Broccoli Patch proposal is not only non-institutional, but a clear overdevelopment of land, especially that which abuts residential property.