Split Decision—

Planning & Zoning Adds M-5 Zone For Repair Garages

By Andrew Gorosko

In a split decision, the Planning and Zoning Commission (P&Z) has approved a controversial proposal to increase the number of places where an automotive repair garage is a permitted land use.

Following discussion on the topic, which has been the subject of several P&Z meetings over the past two months, P&Z members on May 21 voted 3-to-2 to approve allowing such garages in areas with M-5 (Industrial) zoning. Until now, such a use had only been permitted in areas with B-2 (Business) zoning.

Voting in favor of allowing such garages in M-5 zones were P&Z Chairman Lilla Dean, Dennis Bloom, and Jane Brymer. Voting in opposition were Robert Mulholland and Richard English.

The zoning rule change prohibits such garages from being located in areas within M-5 zones which also lie within the town’s environmentally sensitive Aquifer Protection District (APD). The APD is an “overlay zone” that lies above the Pootatuck Aquifer. The aquifer is the source of two public water supplies.

A repair garage would be allowed in M-5 zones under the provisions of the P&Z’s “special permit” process. That process provides the agency with much regulatory latitude in deciding upon specific aspects of proposed land uses, allowing the panel to place many conditions on approvals.

Also, an applicant would need to obtain a “certificate of approval of location” for a proposed garage in a M-5 zone from the Zoning Board of Appeals (ZBA). That certificate’s issuance would hinge on the application’s meeting state requirements for repair garages.

The approved regulations place certain conditions on the placement of repair garages, including their minimum proximity to public parks, playgrounds, schools, churches, libraries, theaters, hospitals, or other repair garages or filling stations.

Also, repair garages must not repair vehicles outside of garage bays. And such garages must be visually screened from adjacent lots or roadways by a solid fence, structure, natural buffer, or planted buffer. Also, such garages must not tow vehicles for hire, but only tow vehicles for customers who directly contact the garage for repair work on their vehicles.

Hearings

During the course of several public hearings on the proposal, several local repair garage owners opposed allowing repair garages in M-5 zones.

The genesis of the P&Z’s proposal for the zoning change was a Brookfield businessman’s proposal to create repair facilities for large trucks at an industrial complex with M-5 zoning at 3 Edmond Road. 

At a March P&Z session, 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 a vehicle repair business at 3 Edmond Road. Mr Dunleavy has 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. The M-5 zoning there, however, did not allow repair garages.

Mr Dunleavy’s proposal drew sustained opposition from attorney Gregg Brauneisen, representing Hilario’s Service Center of 131 Mt Pleasant Road, which repairs heavy vehicles.

Mr Brauneisen repeatedly expressed his client’s opposition to the zoning regulation change. The rule change would not be in conformity with the 2004 Town Plan of Conservation and Development and the change should not be approved, the lawyer has said.

Other local repair garage owners expressed their opposition to allowing such garages in areas with M-5 zoning.

At a past P&Z session, resident Donald Mitchell of 8 Budd Drive said his property is near 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, Mr Mitchell said. Such a facility might be used for nighttime outdoor repairs on large vehicles, he added. Mr Mitchell opposed the zoning rule change.

Also, resident Michael Alves of 10 Budd Drive objected to having a repair garage on Edmond Road. Mr Alves has said that garage would be an around-the-clock business generating industrial noise outdoors in an already noisy area.

“It would be an added ‘ear-sore’ to the residents of Budd Drive,” Mr Alves said.

Ms Dean has said that a repair garage at 3 Edmond Road would provide a needed service business in that area. The P&Z has been too restrictive in not allowing such a land use in areas with M-5 zoning, she has said.

Mr Bloom has said that Edmond Road is “an ideal spot” for such a use, noting that the site is relatively secluded compared to some areas with B-2 zoning.

Mr Mulholland, however, has had a different view of the matter, saying that a zone change would set a bad precedent. Repair work on large trucks would create noise and bad odors amid the use of heavy equipment, according to Mr Mulholland.

“It’s not an ideal spot for it. I don’t know of an ideal spot for it…This is not a day care center,” he said.

Ms Dean observed that M-5 zoning is for industrial uses, and industrial areas seem better suited for truck repair than B-2 business zones.

In the P&Z’s discussion on May 21, Mr Mulholland said that truck repair on Edmond Road would occur around the clock, adding that nearby residential property owners already experience much noise in their area.

“I don’t think we’re talking about such a huge volume [of trucks] here,” Ms Dean said.

But the prospect of a heavy truck repair garage raises the issues of added noise and foul smells, Mr Mulholland said.

“To me, this seems like a relatively minor change,” Ms Dean responded.