Meeting Minutes : PUBLIC HEARING ON THE SALE OF FIREWORKS IN PITTSFORD

The meeting was called to order at 7:20 PM by Thomas “Hank” Pelkey, Chairman.

Select Board members present:  Thomas “Hank” Pelkey, Thomas Hooker, Vice Chair, W. Joseph Gagnon, Jane Cornell, and David Trombley.   Also present:  Jim McRae, Bonnie Stewart, Deborah Reynolds, Alicia Malay, Elizabeth Morgan, Tharon Malay, Ernie Clerihew, Peter Wilson, Donna Wilson, Craig Ferreira, Ted Gillen, Chip Greeno, Chuck Greeno, Tom Shannon, William Hemple, Kevin Blow, Rick Conway, J. Michael Warfle, Katelyn Ward, Angela Blake, R. K. Connelly, Cathy Rider, John Haverstock and Kelly Giard – Recording Secretary.

 

PUBLIC COMMENT:
None presented at this time.

 

COMMENTS FROM RESIDENTS IN FAVOR OF THE SALE OF FIREWORKS IN PITTSFORD:
Bonnie Stewart stated that she appreciates seeing businesses in Town, however, the structure is a concern to her.  Chip Greeno presented a petition to the Select Board containing 210 signatures in favor of the sale of fireworks in Town.

Angela Blake stated that she supports the sale of fireworks in the Town and that people will purchase them somewhere, whether it be in Town, Burlington, Castleton or Rutland and ignite them within the Town.  The company has sponsored baseball teams and donated to the fire department.  Ms. Blake feels that this should be kept local and benefit the Town.

Cathy Rider supports the sale of fireworks and feels that the Town benefits and does not like being told that they can’t sell them because they are illegal.  Ms. Rider stated that it is not the Greeno’s issue if there is no permit issued by the Police and Fire Chiefs.

 

COMMENTS FROM RESIDENTS OPPOSED TO THE SALE OF FIREWORKS IN PITTSFORD:
Mr. McRae stated that he does not think this business fits with the Town and that there is a noise factor as the dogs do not like the noise.  Mr. McRae also stated that it is illegal to sell fireworks in Vermont so he is opposed.

Ms. Malay stated that the structure does not visually fit within the Town as it is “just a storage container”.  Chip Greeno stated that this is currently a yearly permit, however, if the permit was made permanent, a permanent structure is possible.  Mr. Greeno stated that the State inspections are showing the current structure to be adequate.  Chuck Greeno stated that a permanent structure would require a sprinkler system and more upgrades.  Mr. Greeno also stated that the first year was a tent, now they have upgraded to the current structure, which has been considered safe by the inspectors.

Bonnie Stewart inquired if the business could rent a structure.  Chip Greeno stated that there would still be the requirement for the sprinkler system, which would require electricity, which is not present at the current location.

Mr. McRae stated that he read the regulations that state fireworks sales are illegal.  Chip Greeno stated that the State says it is illegal to sell to anyone under 18, however, they do not sell to anyone under 21.  Mr. McRae inquired the opinion of the Police Department.  Chief Warfle stated that there have been negative calls received from concerned citizens, however, if the permit is granted, there will likely be more stipulations.  Chuck Greeno stated that they have met with the Police and Fire Chiefs, who recommended that some of the stipulations will include contacting the neighbors, permit signed before purchase and being done by 10:00 PM or tickets will be issued.  Mr. McRae stated that he has heard residents complain of the “ugly building”.

Selectman Hooker stated that there were only 4 valid fireworks display permits issued last year.

Chip Greeno stated that they are hoping to cure any issues next year and making people aware of the stipulations.  Mr. Greeno stated that there were 13 Pittsford residents and 6 Florence Residents that purchased fireworks last year.  Chuck Greeno stated that the rest of the customers were from other towns.

Selectman Hooker stated that it is legal to purchase fireworks in VT, but not to possess or transport them.  The Legislature is expected to discuss this in the next session.

There was discussion concerning the Zoning Regulations requiring that the property creates no adverse effect on the neighborhood and maintain the village social aspect and character.  Mr. Conway stated that he did not sit on the zoning hearing, however, the storage container was a condition of the permit.  D. Trombley stated that the permit was originally to store fireworks at the Greeno’s house until a store would open, then a 1 year permit to sell with conditions was granted on a yearly basis, now, the business has blossomed.  D. Trombley is all for business however, the Police Department is being run ragged with complaints and safety is a concern.

Kevin Blow stated that he had a show at his house and did not purchase them from the Greeno’s and the Police Department arrived.  The materials were purchased in New Hampshire and it was not the Greeno’s issue.

Ms. Stewart inquired if there were fines for residents that do not have permits.  Chief Warfle explained that the State’s Attorney’s office does not want to take the smaller tickets.    D. Trombley stated that the State needs to act on this issue statewide.  Chuck Greeno stated that he has spoken with Representatives Shaw and Collamore.  Chief Warfle has also been in contact with Representative Shaw.

Mr. McRae asked if it is not logical to sell in other towns, why sell in Pittsford?

Ms. Stewart inquired if one of the conditions of a permit could be the erection of a permanent structure.  Chairman Pelkey stated that this would not be addressed at the Select Board level.  Chuck Greeno stated that the business is paying taxes on the current structure.  Chip Greeno stated that the safety and aesthetics have been greatly improved and the State inspectors are happy with the container, which they recommended using for the storage/sales.

Ms. Morgan stated that the lot is the issue.  Chip Greeno stated that there is no sidewalk at the building, therefore, people who visit town and walk around do not come that far on their historical tour.

J. Haverstock explained that the possible renewal of the Greeno’s permit to sell fireworks is an action item on the Wednesday Select Board agenda.

Selectman Gagnon stated that he feels that the Greeno’s have done a good job, met the rules and regulations and they deserve the right to sell fireworks.

Chief Hemple stated that the stipulations that were discussed (permit before purchase, notify neighbors, done before 10:00 PM, 15 days prior to ignition, safe area – which will be inspected by Chief Hemple) are about the best they can do at this time.

 

The Public Hearing adjourned at 8:07 PM.

The Select Board entered into Deliberative Session at 8:07 PM.

The Select Board exited Deliberative Session at 8:15 PM, with no action taken.

 

Respectfully Submitted,

 

 

Kelly Giard, Recording Secretary

 

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Thomas “Hank” Pelkey, Chairman

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Thomas Hooker, Vice Chairman

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           Jane Cornell, Selectman

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           W. Joseph Gagnon, Selectman

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David Trombley, Selectman