Split Decision—

P&Z Approves Repair Garage On Edmond Road

By Andrew Gorosko

In the face of stiff opposition from residents in the area, Planning and Zoning Commission (P&Z) members, in a split vote, have approved a controversial proposal to allow heavy vehicles to be repaired at a public garage at an industrial complex at 3 Edmond Road.

In a 3-to-2 vote following a July 2 public hearing, the P&Z approved 5-K Enterprises Inc’s proposal for heavy vehicle repair at its industrial facility. Voting in favor were P&Z Chairman Lilla Dean, Jane Brymer, and Dennis Bloom. Opposed were Robert Mulholland and Richard English.

Tellingly, each of those five P&Z members voted the same way on May 21 when the proposal then pending before them was to revise the zoning regulations to allow vehicle repair at a public garage as a permitted use in a M-5 (Industrial) zone, such as the zone at 3 Edmond Road. Before then, such a land use had only been allowed in B-2 (Business) zones.

The application approved on July 2 described the specifics of the vehicle repair facility, which was enabled by the zoning rule change approved in May.

Heavy-vehicle repair specialist Douglas Dunleavy, of Dunleavy’s Road Service on Vale Road in Brookfield, would rent space from 5-K Enterprises to repair heavy vehicles at the Edmond Road site. The three garage bays in use there would be large enough to hold tractor-trailer trucks or buses.

In March 2007, the P&Z had approved 5-K’s constructing 93,750 square feet of industrial space in four buildings on the site. So far, one building and a portion of a second building has been constructed on the 23-acre property. The entrance to the site is adjacent to Omnipoint Facilities Network-2, LLC’s, cellular telecommunications tower on Edmond Road.

Mr Dunleavy told P&Z members that his repair work focuses on local vehicles, including produce trucks, school buses, concrete-mixer trucks, and fire trucks. He said he specializes in fixing diesel-powered vehicles. He added he expects that a maximum of ten vehicles would be repaired daily. Mr Dunleavy said he performs repairs on the road on an around-the-clock basis for broken-down vehicles, explaining that he does not tow vehicles.

A typical workday at the garage would run from 7 am to 6 pm, he said. Mr Dunleavy said that most vehicles driven to his repair shop would come from Interstate 84, Route 25, or Commerce Road, not from Schoolhouse Hill Road.

Public Comment

At the July 2 public hearing preceding the P&Z’s approval of the repair garage, resident Carol Mattegat of 12 Budd Drive said that the transit of heavy vehicles damages local roads. The presence of a repair garage at 3 Edmond Road would mean increased traffic in the area, she said. The roads near the Exit 10 interchange of I-84 are the most dangerous ones in town in terms of the number of motor vehicle accidents which occur there, she said.

Ms Mattegat said that people move to town for its quality of life, including the use of residential yards. Noise emanating from a repair garage does not enhance the quality of life, she said.

Budd Drive, which intersects with Schoolhouse Hill Road and The Boulevard, lies generally west of the 5-K industrial complex.

Resident John Madzula of 20 The Boulevard said, “I think this project is not the answer for Edmond Road.” Allowing such a use would amount to relaxing the town zoning regulations, he said. The back-up beeper noise created by backing vehicles would be very annoying, Mr Madzula said.

Such a use should not be allowed near a residential zone, he said. Mr Madzula urged that the P&Z reject the repair garage proposal, saying that the facility’s presence would adversely affect 30 residential properties in the Budd Drive/Boulevard area.

Resident Peggy Baiad of 4 Budd Drive said the presence of a repair garage would damage the quality of life, as well as damage property values.

“There’s really no buffer,” she said of the area between the garage site and Budd Drive.

Ms Baiad asked P&Z members if they would want such a garage situated near their homes.

Resident Anthony Baiad, of the same address, said many wetlands exist near the garage site with the potential for wetlands contamination. The four industrial buildings that the P&Z approved for the site in 2007 were intended to be storage spaces, he said.

“I am very seriously opposed to this project,” he said, adding that the only barrier between the garage site and Budd Drive is some trees.

Resident Henry Klein of 3 Budd Drive said that truck repair can be a noisy activity, adding that he is not interested in having such a land use in that area. “I am very negative about having this [garage] come into this [industrial] facility,” he said, in urging the P&Z to reject the application.

Resident Douglas Nelson of 14 The Boulevard said, “Obviously, I’m not if favor of it [garage], but I’m not opposed to developing the property… I don’t believe this is the correct use for this particular property.”

Attorney James Strub, representing the applicant, said that no truck body repair work would be done on the site.

Mr Strub noted that there always is “tension” among residents when residential zones abut industrial zones. The site is a suitable location for a public garage, he said.

Ms Dean, noted that the P&Z, through its zoning regulations, always has allowed the repair of a firm’s fleet vehicles in M-5 zones. Manufacturing also is allowed in M-5 zones, she noted.

Mr Strub said the garage would be located within a building that has already been constructed.

P&Z member Jane Brymer said there would be much space between the garage and the nearest residents.

The distance between the garage site and the nearest house is approximately 1,250 feet, according to Ms Dean.

Resident Harvey Hubbell of 6 West Street said, “Newtown is going to change, like it or not.

“Noise is part of our community, I’m afraid,” he said.

Mr Nelson asked what would prevent another automotive repair business from also locating at 5-K’s industrial complex. Ms Dean responded that the zoning regulations allow only one repair garage on the site.

In response to questions about the garage’s schedule, Mr Strub said the business would be open six days a week. It would open at 7 am each day. It would close about 6 pm on Mondays through Thursdays, would close by 5 pm of Fridays, and would close before 5 pm on Saturdays.

Ms Dean observed that when the P&Z adds a permitted use to an existing zone, such as adding the public repair garage as a permitted use in the M-5 zone, as it did in May, such a change comes in response to changing community needs.

A repair garage use is consistent with the provisions of M-5 zoning, she said.