By TERRENCE S. MCAULIFFE
The original artist’s rendering of the view from the east side of the proposed new gas station on Middlebury Road. (Submitted rendering)
The Middlebury Planning and Zoning Commission (P&Z) on June 4 approved construction of a smaller version of a new gas station intended to replace the current Shell station at 520 Middlebury Road in Middlebury. The approved station will have three double-sided pumps that will serve a total of six cars at a time compared to the five double-sided pumps serving 10 cars at a time that the property owner initially applied for in February.
This was the third public hearing on the proposal, which elicited strong opposition from some 40 residents even after the applicant, Wesson Energy, offered to lower the number of double-sided pumps to four from five, reduce the width of the canopy to 112 feet from 140, and reduce the number of parking spaces to 27 from 34.
After taking public comments for an hour and a half, the commission voted 4 to 1 to approve the project with one further modification, a reduction to three in the number of double-sided pumps. Chairman Terry Smith said the modification was made part of the approval to make the project conform better to the Plan of Conservation and Development (POCD). The proposed sign for the new station, which town engineer John Calabrese said wasn’t consistent with zoning regulations, will be addressed separately.
Chairman Terry Smith and members Erika Carrington, Bill Stowell and Paul Babarik voted for approval while the commission’s newest member, Joe Drauss, voted against it.
Commissioner Matthew Robison was absent. Attorney Michael McVerry, representing property owner Wesson Energy, had opened his remarks by asking for Robison’s recusal from any vote because of critical remarks made by Robison’s wife, Nancy, at the May 7 public hearing. McVerry said her position might “color his (Robison’s) ability to evaluate issues.”
McVerry recapped plans by Wesson Energy to demolish the Shell Station at 520 Middlebury Road and construct a larger station on that site and the adjacent lots formerly occupied by Vinnie’s Pizza and Johnny’s Dairy Bar. The combined parcel of 53,660-square-feet will house a 3,275-square-foot gas station and convenience store with an expanded canopy over the pumping area, replacing the existing four-pump, 1,630-square-foot Shell station. The new building and canopy will sit on what was the Johnny’s property, and the old station, canopy and underground tanks will be removed upon completion of the new one.
McVerry said Wesson had responded to comments about the new station being “too big” by reducing the number of pumps, the width of the canopy, and the number of parking spaces. Professional engineer Dainius Virbickas of Artel Engineering Group said improved landscaping would fill the 1,000 square feet made available by eliminating those spaces. He also presented a lighting diagram and said LED light fixtures embedded in the canopy would be directed down and not off site.
McVerry said the improved and enlarged station was harmonious with other businesses in the area, citing the history of neighboring gas stations going back to the 1940s. He argued that some residents might wish something different on the site, but saying the station wasn’t harmonious “flies in the face of the facts.” He said the station conformed to all the pertinent zoning regulations with every concern addressed and the visual appearance of the station would improve the rundown area.
He said he didn’t understand comments made May 7 about the size of the kitchen area. He said the 3,200-square-foot building didn’t have a 1,900-square-foot kitchen; it was 545 square feet. He also said he didn’t know where comments about a 75-pound hot dog express, a 50-pound capacity gas fry-master, a 20-shelf warming oven or a 24-pan gas oven came from. “They’re not shown on the plans anywhere and may be speculation from someone looking at the plans and guessing what these might be,” he said.
Michael A. Galante of Frederick P. Clark Associates reviewed portions of the traffic access and impact study and disagreed with comments the station would draw traffic from I-84. He said the calculations were based on years of real-world data from many gas stations in many situations and took into account congestion on I-84. He said cars looking for gas would stop at the Mobil station at exit 16 and not drive five miles into town. He also said the reduction in the number of pumps would reduce the number of cars utilizing the station at peak periods. McVerry distributed photographs of stations in nearby towns saying those stations, with more pumps, had little effect on traffic.
In written comments, a letter from Michael Jacobi questioned the metrics used to compute the number of pumps needed to service customers. He also asked about the number of diesel fuel pumps, the advertising plan for I-84, whether the traffic study accounted for I-84 backups, what the kitchen equipment would be used for, and why the station would be open 24 hours a day seven days a week, saying the intended use didn’t square with the plan before the commission. He said the operator of the station should attend the hearing to answer those questions. McVerry said the metrics for computing the number of pumps was proprietary and a trade secret that wouldn’t be released.
A letter from Frank Perrella said the project was “a monstrosity not in the best interests of Middlebury residents” and asked commissioners to scale it back.
In comments from the public, Matthew Vaccarelli asked whether representations made by Wesson Energy were binding on the entity leasing the building. He was told by Smith that the approved site plan could only be changed by a subsequent application and approval.
Cathy Smith said she reviewed project plans in the Middlebury Building Department and didn’t understand why the date of the new plans was earlier than the date on the old plans. She also refuted McVerry’s comments about the kitchen equipment. “I went through the plans. Every single piece of equipment, model number, chapter and verse, serial number – I took pictures and can print you out a copy. I didn’t get that out of the air.” She said the new plans had even more equipment “… a high-speed fatless fryer. I’m not making this stuff up. It’s on your plans.”
“Show me,” responded McVerry.
“I have the plans and I’ll be happy to go through them with you,” she responded. She also said the numbers on Galante’s traffic study did not match those in the POCD. She said the POCD listed 22,000 cars per day on Route 64, not 13,000. She said there as a lot of “smoke and mirrors,”agreeing a gas station was a good thing and needed, but not a mega-station.
Most of the other comments in opposition repeated those made in previous public hearings – matters of size, scale, lighting, noise, children’s safety and traffic. Those comments came from Jane Conners, Jean Peterson, Mary Larkin, Maureen Voghel, Peter Vaccarelli, Richard Molleca, Robert Rafford, Kris Jacobi and Scott Peterson.
Five residents voiced support for the project. Ingrid Manning said a gas station was needed in town. She complimented Wesson Energy on listening and offering a tremendous improvement on what is there. Paul Anderson said he expects the other gas stations will go away and complimented the design of this station. George Frantzis said the town needed a nice gas station and it wasn’t reasonable to expect a boutique store to locate in that spot. David Theroux said the proposal was very responsible and had wonderful architecture that would open up the area in front of Village Square. John Cookson commented on the kitchen facility, reminding everyone of Sylvia’s Deli (Nutmeg Pantry) which was long known for breakfast and sandwiches available from the Shell Station a few decades ago.
In updates to the POCD, Chairman Smith said town planner Brian Miller was not present to discuss the updates, nor was Robison, who contributed to them. He postponed the discussion to July 2.
Chairman Smith also noted a public hearing to review amendments to the zoning regulations was scheduled for July 2.
Attorney McVerry, representing George and Diana Nybakken, will present a new Section 25.7 proposed for the Tyler Cove Association at Lake Quassapaug. The new section is expected to be similar to one added for the West Shore Homeowners Association, taking the limited common areas and using them as building lines.
The next regular P&Z meeting will be Thursday, July 2, at 7:30 p.m. at Shepardson Community Center.
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