Date: Fri 11-Jun-1999

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-zone-change-Edmond-Road

Full Text:

Edmond Road Business Zone Change Rejected

BY ANDREW GOROSKO

Planning and Zoning Commission (P&Z) members June 3 rejected a requested zone

change that would have converted the zoning designation on a two-acre parcel

at the busy intersection of Edmond Road and Church Hill Road from "industrial"

to "business."

Applicants Melinda Buchanan and Harriett Edwards had requested a change of

zone from Industrial (M-2) to Business (B-2) for 73 Church Hill Road, a

triangular parcel that lies across Edmond Road from Newtown Shell Service. The

P&Z held a public hearing on the application May 6.

In considering the application at the June 3 P&Z session, P&Z Chairman Daniel

Fogliano said he has a problem with granting such a zone change. "I have a big

problem with a zone change that's designed to accommodate any property owner,"

he said. The application seeks to change the zoning regulations to adapt them

to some particular land use, he said.

"I think this actually is probably a matter for the Zoning Board of Appeals,"

he said.

P&Z member Robert Taylor noted that some business uses generate more traffic

than industrial uses, adding he doesn't see a justification to approve a zone

change.

P&Z member James Boylan said P&Z members don't know the future use to which

the property would be put if a zone change is granted. If that future use were

a land use that would improve the town's tax base, then a zone change might

make sense, he said. Noting the high traffic flow at the intersection, Mr

Boylan said developing the vacant property probably would require a traffic

signal at the intersection.

"We don't know the intended use of the property," Mr Boylan said.

P&Z member Lilla Dean said of granting a zone change, "You change the zone

(and) they can turn around and sell it tomorrow."

Mr Fogliano later said he doesn't believe that changing the zoning designation

on the property to fit the property owners' needs was the proper course of

action. Permitted "business" uses of the property could generate a bigger

traffic problem at the intersection than "industrial" uses, he said.

The parcel has only minimal frontage on Church Hill Road. Most of the frontage

is on Edmond Road, which is a private road. Developing the parcel poses

difficulties due to its unusual triangular shape, Attorney Robert Hall,

representing the applicants, told P&Z members at the May 6 public hearing. Mr

Hall then said he knows of no specific planned use for the land if a zone

change is granted.

At that hearing, Mr Fogliano said he has a problem with rezoning a property

without knowing the planned use for it.

Land uses allowed in a B-2 zone include a public garage, filling station, car

wash, and a variety of retail businesses, provided that the applicant obtains

a special exception to the zoning regulations.

Provided that an applicant receives a site plan approval from the P&Z, other

allowed uses are a store, personal services business, bank, office space,

business building, hotel, motel, passenger terminal, auto sales, wholesale

business, storage business, kennel and place of worship.

A section of the two-acre parcel lies in the sewer district. A public water

supply is available.