Automotive Repair Rule Revision Proposal Draws Opposition

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members are reviewing their regulatory proposal to allow automotive repair garages to operate in M-5 (Industrial) zones in view of critical public comments voiced at a March 19 public hearing.

The P&Z has been considering broadening its zoning regulations concerning where automobile repair garages may be located to allow such facilities in M-5 zones. Currently, such repair garages are permitted in B-1 and B-2 (Business) zones.

The proposed zoning rule revision would exclude new automotive repair garages from doing business in M-5 zones where those zones are within the Aquifer Protection District (APD). The APD is an overlay zone situated above the environmentally sensitive Pootatuck Aquifer, an underground water source that provides drinking water for two public water supplies.

George Benson, town land use agency director, said an automotive repair garage is a land use that should be allowed in a M-5 zone, but added that P&Z members need to be careful regarding the specifics of the regulations that would allow such a land use there. Historically, the town has had issues with such businesses regarding the presence of parked vehicles and junk vehicles, he said.

Under the proposed zoning rule change, an automotive repair garage would be permitted in a M-5 zone under the special permit provisions of the zoning regulations. The applicant would need to apply for and receive a special exception to the zoning regulations from the P&Z to operate an automotive repair garage. Also, the applicant for a garage within a M-5 zone would need to obtain a certificate of approval of location from the Zoning Board of Appeals (ZBA) under the terms of the state’s motor vehicle laws.

P&Z Chairman Lilla Dean asked that town staff members prepare a more detailed map that more clearly depicts the areas with M-5 zoning that would be affected by a zoning rule change.

Douglas Dunleavy of Dunleavy’s Road Service of Brookfield told P&Z members that the zoning rule change would allow him to apply to the P&Z to locate an automotive repair business at 3 Edmond Road, which is in a M-5 zone. Mr Dunleavy said he wants to expand his business into Newtown.

5-K Enterprises Inc has an industrial complex at 3 Edmond Road. The P&Z approved that complex in March 2007.

Bob Kimball, representing W. Kimball Inc, Excavating, of 3 Edmond Road, said the industrial site would have sufficient parking for an automotive repair shop. “I think it [garage] would be a plus,” he said.

Opposition

Attorney Gregg Brauneisen, representing Hilario’s Service Center of 131 Mt Pleasant Road, expressed his client’s opposition to the proposed zoning regulation change. The rule change would not be in conformity with the 2004 Town Plan of Conservation and Development, the lawyer said. The proposal should not be approved, he said.

Charles Merrifield, of Sugar Hill Service Center on Sugar Street, told P&Z members that the town has eight repair garages, which is enough garages. Mr Merrifield stated his opposition to the proposed zoning rule change.

Gary Crisci, representing Newtown Car Care of 3 Commerce Road, told P&Z members that he opposes the proposed zoning rule changes.

Resident Donald Mitchell of 8 Budd Drive said his property is about 600 feet away from the 3 Edmond Road site where Mr Dunleavy wants to operate a repair garage. The site might be used by heavy wreckers for large vehicles, he said.

Also, such a facility might be used for nighttime outdoor repairs on large vehicles, he added. Mr Mitchell said he opposes the proposed zoning rule change.

Wesley Thompson, an Economic Development Commission (EDC) member, said the EDC supports allowing repair garages in M-5 zones, but added that the EDC has concerns about the appearance of such facilities. Visual screening should be required, as necessary, to address those concerns, he said.

Ms Dean said the public comments had been helpful in terms of refining the agency’s rule change proposal. The wording of the proposal may need to be made more specific, she said.

The P&Z public hearing on the matter is slated to resume on April 2.