P&Z Ponders Propane Proposal

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members are considering a local firm’s revised proposal to make some physical changes to its commercial property at 47-49 South Main Street to expand its use, including the installation of a commercial propane tank.

The site, at the corner of South Main Street and Mile Hill Road, formerly held Trudeau’s Service Center, Inc., and Trudeau Oil Company. The site now holds Newtown Tire and Service, Inc., and Newtown Oil Company.

To expand the use of the property, Newtown Properties, LLC, is seeking an amendment to its special exception to the zoning regulations which was granted by the P&Z in 1992. Officers of Newtown Properties, LLC, listed in the application are Andrew Hunihan and Heather Bliss.

Newtown Properties seeks to expand and reconfigure off-street parking at the site from eight spaces to 26 spaces; do landscaping work on the corner of South Main Street and Mile Hill Road; reposition a driveway leading to Mile Hill Road; build a concrete pad for the placement of a commercial propane storage tank; build a fire escape at the rear of the building at 49 South Main Street; post commercial signs; create a lot line change; build a walkway; and install a drainage basin.

The firm is not seeking permission from the P&Z to locate a limousine service on the property, as it had in an application which the P&Z had considered last December. Newtown Properties later withdrew its initial application after land use officials noted various deficiencies in the plan.

In a letter to the P&Z, the Conservation Commission states the development design now meets applicable erosion and sedimentation control guidelines, but urged that the site be inspected weekly during construction for erosion and sedimentation problems.

The Zoning Board of Appeals has granted the zoning variances which were sought by Newtown Properties for its development plans.

Propane

In a February 15 letter to the P&Z, nearby residents Gary Sheehan, Blanca Sheehan, Lena Moniz, Robert Moniz, and Louis Neves wrote, “Although we are relieved that the [limousine] service is no longer part of this application, we are concerned about the 1,000-gallon propane tank. This property backs up to a residential neighborhood and an accident with that size tank could be devastating.”

In a February 14 letter to the P&Z, the National Shooting Sports Foundation (NSSF), which has offices in the Flintlock Ridge Office Center next door on Mile Hill Road, wrote, “We are very concerned that the addition of such a large propane tank, and the operation of a large-scale propane-filling business adjacent to office buildings and a residential neighborhood, poses environmental and safety concerns, such as odor, air pollution, and fire hazards. We believe strongly that these important issues must be addressed.”

The NSSF also expressed concern that construction at 47-49 South Main Street would create stormwater drainage runoff problems at its complex next door, and urged that the state Department of Transportation (DOT) review Newtown Properties’ drainage design.

The NSSF also expressed concerns about increased traffic in the area, especially during business hours, stemming from a driveway connecting Mile Hill Road to Newtown Properties’ site.

Attorney Stephen Wippermann represented Newtown Properties at a February 15 P&Z public hearing on the application.

The proposed landscaping on the site would improve the general appearance of the property, Mr Wippermann said.

In the past, the P&Z had pursued zoning violations against the business’ owner, centering on illegal commercial signs, which had resulted in a Danbury Superior Court judge ordering the owner to pay more than $1,000 in fines for sign violations. After appealing the order in court, the owner eventually paid the fine.

Mr Wippermann said the property has inadequate parking, adding that the plans submitted by the applicant would improve the parking situation.

Mr Wippermann noted that the applicant has dropped plans for a limousine service on the property.

“We’re in no violation of the zoning regulations at the present time, nor have we been for some time,” he said.

 P&Z member Anthony Klabonski noted that 47-49 South Main Street is a busy commercial site with much activity.

“There’s a lot of stuff going on, on that property,” he said. Mr Klabonski asked that the applicant designate specific parking spaces in connection with the proposed propane-filling business as a safety measure.

Alan Shepard, an engineer representing Newtown Properties, said the applicant is seeking to improve the appearance of the property, adding that the site now looks better than it has in the past.

In applying for physical changes to the property, the applicant is seeking to rectify various remaining zoning issues, Mr Shepard said.

NSSF

NSSF representative Lawrence Keane raised concerns about the application at the February 15 public hearing. Mr Keane listed traffic, propane safety, landscaping, and drainage as those issues.

The proximity of NSSF’s Mile Hill Road driveway to Newtown Properties’ new Mile Hill Road driveway  would pose traffic flow problems in the area, he said. The NSSF is concerned about vehicles exiting the Newtown Properties property and turning left onto Mile Hill Road, Mr Keane said. “We think that it’s a very congested area, especially during business hours,” he said.

Mr Keane asked that the applicant provide more landscaping for the site than has been proposed. The NSSF offices are in a building at the base of a slope lying to the east of 47-49 South Main Street.

Also, the presence of a 1,000-gallon propane-filling tank would pose “certain obvious hazards to us and residential neighbors if there is an accident,” Mr Keane said.

Mr Wippermann responded that the applicant would not increase the use of its existing buildings. Newtown Properties’ plans for the site would divert some traffic from South Main Street to Mile Hill Road, resulting in a positive overall effect on area traffic flow, he said.

Mr Wippermann said the propane tank proposed for the site is a safe device which is regulated by the town fire marshal. Such tanks are fenced off and have limited access, Mr Wippermann said.

Mr Wippermann said he will return to the P&Z at an upcoming session with a revised drawing depicting plans for Newtown Properties’ site.