PLAINFIELD — Don’t pass the chips in Plainfield, the town is suing a snack distribution company for making deliveries late at night and in the early-morning hours.
Plainfield recently filed the lawsuit against the Bellows Falls, Vt., company BART, which owns a 3 1/2-acre property on Route 12 that is used as a warehouse and truck depot.
The lawsuit claims that the company is in violation of the town’s Zoning Board of Adjustment and Planning Board by operating its business at the wrong times.
BART uses the property to accept a large daily delivery of chips and other snack foods from a tractor-trailer, unloading the goods in a warehouse, and then loading up several smaller delivery trucks with the goods, according to the lawsuit.
BART was given approval to operated the business by the two town bodies in 2017, with the requirement that it limit the delivery activity to between 6 a.m. and 6 p.m., and that the company put in some landscaping features to block the view of the business from the abutting property owners.
The lawsuit claims that BART has failed to follow these requirements.
“BART has not installed landscaping and has conducted operations including truck deliveries and truck traffic at the site at all hours of the night and outside the approved 6:00 am to 6:00 pm hours of operation,” the lawsuit states.
The town filed a cease-and-desist notice with the company in July, demanding that it stop operating outside of the approved hours. The town’s lawsuit claims delivery activity has been taking place at midnight and 4:30 a.m. in some cases. The town’s cease-and-desist notice also demanded that the landscaping be put in.
Since it delivered the cease-and-desist notice to BART, the town’s lawsuit claims the business has continued to operate after 6 p.m., with instances of activity taking place at midnight and 2:30 a.m., according to the lawsuit.
The town wants an injunction from the Sullivan Superior Court to stop BART from operating until it comes into compliance with the town’s regulations. A hearing is set for Monday in the Newport court.