#MIDDLEBURY #COUNTYLINE #CARWASH
This artist’s rendering shows the car wash proposed for 2160 Straits Turnpike in Middlebury.
By TERRENCE S. MCAULIFFE
Maxxwell Sunshine LLC’s applications for a car wash at 2160 Straits Turnpike in Middlebury have run into bumps in the road at Zoning Board of Appeals (ZBA), Planning & Zoning (P&Z), and Conservation Commission (CC) meetings.
The first bump came at the June 28, 2016, CC meeting when the commission denied Bayliss a wetlands permit because he did not appear and the information supplied was incomplete. He subsequently withdrew the application prior to the July 26 meeting. A wetlands permit is generally required before P&Z will issue a construction permit.
The second bump occurred at the Aug. 3, 2016, ZBA meeting when a hearing to grant a setback variance was continued until Sept. 7. At that meeting, Attorney Michael McVerry, representing Bayliss, told commissioners the original plan was to build the car wash inside the existing Suzuki building, but that was ruled out by turning radius restrictions and other engineering considerations.
McVerry said the building couldn’t be moved back because of rock ledge immediately behind it, and Bayliss told Commissioner Candice Graziano it wasn’t economically feasible to excavate the rock. McVerry said the new plan was to build a 2,100-square-foot car wash in front of the existing building and use the existing building for equipment.
The legal notice states the car wash would be 39.73 feet from the road. This means it would require a variance from the 75-foot setback in the zoning regulations. The existing building is 59.41 feet from the road. The stated hardship is topography of the land where rock ledge behind the building leaves the area in front as the only feasible alternative. McVerry acknowledged the plan would need approval from the Conservation Commission as well as Connecticut Department of Transportation before construction permits could be issued.
Commissioner Ray Caruso said the town might need a car wash, but the highway setbacks were there for a reason. “That’s what they were put in place for. As far as I’m concerned it looks like this guy (Bayliss) is creating his own hardship by putting a building in front of a building,” he said. “If we start giving up that frontage land, it will be going on all over town.”
Chairman Ken Long kept the hearing open to the Sept. 7 meeting, saying he wanted to research the 75-foot setback requirement and determine whether that requirement existed when the building was constructed. He told Bayliss he wanted to walk the property and ask questions, and Commissioner Brian Proulx asked Bayliss to stake out the corners of the proposed building.
The third bump came at the Aug. 4, 2016, Planning and Zoning meeting. McVerry told commissioners the original plan had changed to one requiring construction of a new building in front of the old building and would need a Zoning Board of Appeals variance. Chairman Terry Smith told him the car wash proposal was actually a site plan review in addition to a special exception application, so it would require approval from the Economic and Industrial Development Commission as well as any other approvals normally needed for site plans.
McVerry went on to describe the plan, saying the existing well and septic systems would be abandoned in favor of connecting the car wash to Watertown water and sewer lines. Professional Engineer Mark Lancor of Dymar said the grade would be dropped 2 feet and 883 yards of material removed from the site to lower the new building and create a wall. He said existing lighting would be used, seven trees and a grass island would be added to improve the streetscape, and the total impervious pavement area would be reduced. He reminded commissioners the car wash would not share driveway connections with the wholesale business next door. Bayliss said the car wash design would prevent icing issues by allowing more space in the tunnel for drying and ambient heat.
During public comments, Middlebury Land Trust President Dr. Scott Peterson voiced concern for the 130-acre Sperry Preserve across the street from the proposed car wash. “It’s a matter of trust with County Line,” Peterson said. “It goes back to a very unfortunate episode that occurred some years ago, when, on the other side of the street they (County Line Nissan) lay pipes or hoses from their facility and dumped their effluent.”
Peterson said moving the building closer to the road would make for a “miniscule” buffer, and moving it back could alter the flow of water there. He said just a little water dripping off each car could, over time, become significant. He also said water dripping off dirty cars contains toxic hydrocarbons and other soluble and insoluble materials. He asked the hearing be kept open to allow consultation with an expert.
McVerry said pollutants would be captured with separators, reducing drainage across the street.
Bayliss said, “The one thing that won’t be 100-percent dry is the undercarriage. I’ve gone to every reasonable economic expense to overbuy drying equipment.”
Chairman Smith kept the public hearing open, telling Bayliss he wanted to see a car wash with the proposed technology .
Commercial car washes were prohibited in Middlebury until March 2009, when the zoning regulations were amended to permit them in the Gateway Industrial Design District along Southford Road. Those regulations were amended again in March 2016 to permit them as an accessory use to an auto dealership at the request of Patrick Bayliss, d/b/a County Line Carriage Inc., for the former Suzuki dealership at 2160 Straits Turnpike. Dealerships there are very narrowly restricted to an area along Straits Turnpike from the Watertown line south 830 feet towards Middlebury, and 400 feet east or west.
The March 2016 amendment was approved with the stipulation the car-wash design not allow stacking of vehicles onto the public right-of-way and not allow hazardous conditions such as ice.
The next regular P&Z meeting will be Thursday, Sept. 1, at 7:30 p.m. at Shepardson Community Center.
You must be logged in to post a comment.