Shell station criticisms continue

By TERRENCE S. MCAULIFFE

The Middlebury Planning and Zoning Commission (P&Z) at its May 7 meeting continued a public hearing on plans to replace the Shell station on Middlebury Road. It also accepted an application for new zoning regulations for Tyler Cove and approved plans for the town to sell property on Benson Road.

An artis’s rendering of the view from the east side of the proposed new gas station on Middlebury Road. (Submitted rendering)

Some 40 residents attended the public hearing to review and comment on plans 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 almost two-hour hearing, the first item on the agenda, pushed the meeting far past the official 9:30 p.m. closing time at Shepardson Community Center. A custodian told Chairman Terry Smith to end the meeting, but Smith told the custodian the meeting must continue because it was official town business.

The gas station expansion proposal drew criticism at a March 5 hearing and, although it was tabled at the April 2 meeting, many who attended that night stayed for a public hearing on updates to the Plan of Conservation and Development (POCD) and specifically objected to the size of the expansion in Middlebury Center, saying the expansion’s five two-sided pumps under an enlarged canopy made it more like a truck stop than a village gas station.

At the May meeting, Michael A. Galante of Frederick P. Clark Associates said a traffic access and impact study performed during a weekday morning from 7 to 9 a.m., a weekday afternoon from 4 to 6 p.m., and a Saturday morning from 10 a.m. to 2 p.m. showed peaks occur from 7:30 to 8:30 a.m. and 4 to 5 p.m. weekdays and from 11:30 a.m. to 12:30 p.m. Saturdays, with the weekday afternoons carrying the highest volume.

Approximately 55 percent of the traffic comes from the east; less traffic comes from the west. After merging 2014 data from the state department of transportation and adding traffic for known future developments, Galante estimated the upgraded station would generate an additional 45 to 65 trips each hour. He said his opinion was this would not be a significant impact to the road system, and traffic signal timing would not need to be changed.

Professional engineer Dainius Virbickas of Artel Engineering Group said soil testing would be done within the a week or two to support the storm drainage plan. Using site diagrams, he showed the landscape plan, which he said created a nice appearance and presence to hide the pumps from the road. He said the driveway around the back of the building would remain for delivery and garbage truck access.

Attorney Michael McVerry, representing the property owner, summarized the project by saying the project complied with CA-40 zoning regulations and was in perfect harmony with the neighborhood it was in since that neighborhood consisted of gas stations. He said the project design was “nothing but an improvement and preserving of the landscape,” referring to the rundown buildings and vacant lots.

In public comments, Nancy Robison asked McVerry what he meant by being in harmony with the neighborhood. McVerry listed the neighboring gas stations, Middlebury Station, the bank and the farm market, and said, “It’s not something totally out of character with what’s in the neighborhood.”

Robison replied, “Five bays in the project … get out of here. It sounds like something that should be up on the Mass Pike.” She also criticized the traffic study for not addressing the effect up and down the road.

Michael Jacobi asked if diesel would be sold and if the station could be limited to two diesel pumps. McVerry said stations typically have at least one diesel pump because of the number of diesel cars and this one might have more. He then said, “I’ve heard a lot of stories these last two weeks about the new biggest truck stop between Danbury and Hartford. It’s probably the most preposterous suggestion I’ve heard.” He said there wasn’t enough room for tractor-trailers, except for the ones delivering fuel, and added, “The project isn’t big enough to be a truck stop.”

Jacobi questioned the need for a combined 14 pumps in Middlebury, a figure he derived by adding the four at the adjacent Mobil station to the 10 at the proposed Shell station. “There are 16 gas pumps at the I-95 service center in Fair Haven … for 65,000 cars per day,” he said. “What are the metrics for how many cars need to drive by and how many pumps you need? Our traffic is 80 percent less than what is on Route 95 … how did you get to 14 pumps?”

Jack Starr, project manager for Wesson Energy, said the pumps were needed so incoming cars wouldn’t stack up and wait when drivers left their cars to go into the convenience store and wait in line to buy coffee after filling up. Jacobi said he drove by the current station frequently and did not see many cars waiting. He questioned the height of the canopy and was told by Starr it was a standard height to prevent it from being wiped out by an incoming truck.

James Smith asked Galante about the type of traffic expected and questioned the true impact from traffic coming off I-84 exits 16 and 17. Galante said he didn’t expect any large trucks at all. He said he used standard state measurements that didn’t require such analysis.

James Smith then listed the food preparation equipment in the proposed station, “I just don’t understand why we have a 75-pound hot dog express, a 50-pound capacity gas fry-master, a 2,000-gallon grease trap. It just feels like there’s a disconnect in terms of what is being said and what is likely to happen. What is this really all about? Why do we need a 20-shelf warming oven and a 24-pan gas oven steamer, and on and on?” He said he didn’t think the project was intended for Middlebury residents nor did it meet the standard for the upcoming 2015 POCD.

Peter Vaccarelli asked if there would be advertising on I-84 in either direction. Starr said there were no such plans.

Dr. W. Scott Peterson said he felt traffic would be affected if cheap gas were advertised. He complimented the overall look of the building, with shingles and gable and cupola, but he questioned the compatible size of the building after having looked at the stakes, calling it squeezed-in. He also suggested the use of a landscape architect to improve the appearance.

Dr. John Kanca III said traffic was a big issue, noting delays caused by I-84. He asked for a comparison between the diesel capacity of the current Shell station and the new station. Starr said the capacity would be greater to reduce delivery frequency. Kanca also asked why the current station wasn’t open 24/7 but the new station would be. Starr said the station operator and corporate policy decide the hours.

Catherine Konnik asked for numbers on the additional wait time to reenter the increased flow of traffic and was told by Galante it would be about two seconds. She also asked about the impact of the station to the flood zone and was told by Virbickas the site had less impervious coverage, so would cause less water to leave the premises and enter the flood zone.

State Senator Joan Hartley asked if the town had performed an independent traffic study and was told by Chairman Smith it had not. Hartley also asked whether the impact of traffic from the proposed Oxford power plant had been considered. McVerry said they did not plan the proposal based upon what might happen in an adjacent town.

Cathy Smith of Tranquility Road questioned why the store would have such a large kitchen and need to be open 24/7. She said it couldn’t be for the people of Middlebury but rather the target market on I-84.

Maureen Voghel asked how often tanker trucks would deliver diesel fuel. Starr said he drove a diesel car and thought diesel use was increasing. He said the number of pumps was increased because many people went into the store after fueling to make purchases, preventing the next vehicle from using the pump during that time. Virbickas and Starr also said the load-bearing capacity of the concrete surfaces was typically designed to handle the weight of any size vehicle.

Charolette Walters said the project rendering did not represent the setting of the surrounding area. She said the first impression of Middlebury was poor, with many gas stations and a rusted-out garden center. Starr said Middlebury once had seven gas stations but now the cost of replacing underground tanks and renovating an existing station was more than $400,000.

Angela Corcoran asked whether a car wash could be permitted at the site. Chairman Smith said it could not.

Jean Peterson questioned the outdoor lighting levels and the inside seating and whether landscape trucks could get in and out. Virbickas said the lighting was inside the canopy and the height and width of the fueling islands was standard for the industry.

Alice Hallaran questioned the number of parking spaces, saying the 32 spaces were calculated for an internal restaurant since removed. Virbickas said the regulations require 17 parking spaces plus 10 for gas station use. She encouraged him to consider eliminating the extra spaces and leaving the area natural with trees. She also asked about storm water. Virbikas said the impervious surfaces were slightly less than the current ones and holding tanks would control roof runoff.

Dr. Peterson, speaking for himself and his wife, Jean, said the project as presented was out of keeping with both historic Middlebury and the future Middlebury as described in the pending 2015 POCD. He encouraged the commissioners to use their leeway in interpreting the 2001 POCD to bring about the semi-rural residential area so many people say they want. He said the project was much too large and commercial, “a very unpleasant place,” that was dangerous to children and not the shopping and gathering area of happy ambiance the 2001 plan stated as desires.

He also repeated a comment he made at prior hearings, that Middlebury isn’t considered pretty any more, and doctors he has hired recently don’t want to live here despite Region 15 having the best schools in the area.

“Middlebury has gotten a bad reputation. Maybe it has already lost it as an attractive semi-rural community,” he said. He said housing values have gone down and tax revenue will likely go down, even with the revenue from this project.

Peterson concluded by saying the 24/7 operation of the station would be of no benefit to Middlebury where most citizens would be home and in bed. He predicted cheap gas advertisements at both ends of town to draw truck traffic, and he said the late-night operation would attract “undesirables.” As a physician, he decried the ease of buying cigarettes and potato chips and junk food from a drive-through and hoped it would never be allowed. “This project can change the character of our town significantly and impact us all, and not in a good way,” he said.

James Smith said he initially thought the project was to spruce up the gas station and now he cannot square it with the “protect the semi-rural nature of Middlebury” mission in the POCD. “I’m disheartened that having a bigger gas station is the best you can do with this property,” he said. He told commissioners a gas station in the new Southford Road business district would move traffic and rumbling closer to the interstate.

Commissioner Matthew Robison said the traffic study didn’t take into account turns from the station when traffic backs up, noting the frequent congestion caused by I-84 accidents and the likely additional congestion from two years of highway construction work in Waterbury. He said the project was better suited for Straits Turnpike.

Commissioner William Stowell asked for more information on the number of pumps affecting project viability. He said he appreciated the changes to make it more pedestrian friendly.

Commisioner Paul Babarik questioned the 24/7 operation and was told by Starr and McVerry it was up to the station operator. He questioned the purpose of the food equipment now that the drive-through was eliminated. Starr said the equipment was there for whatever the operator wanted to provide.

Chairman Smith thanked Starr for staking out the project and said he liked the architecture of the project, but added the scale of the project is not in keeping with the semi-rural character of Middlebury the town is trying to preserve. He said the appearance and scale of the station was almost identical to gas stations on Route 15 in North Haven, except that two pump stations for four cars are adequate there for a much greater volume of traffic. “Why does Middlebury need 10? I really encourage you to scale it back,” he said.

McVerry said there were a number of “what-ifs” that had nothing to do with the zoning regulations. He asked for an extension to answer the questions, and Chairman Smith continued the public hearing to June 4.

In updates to the Plan of Conservation and Development, (POCD), Chairman Smith said he and Matthew Robison met with town planner Brian Miller to revise the section on Middlebury Center based on accumulated public hearing comments. Miller said he renamed the district “Middlebury Village” and eliminated the boundary lines in maps while adding more detail about architectural standards. A copy of the section was provided to commissioners for comment at the next meeting.

In new business, a public hearing to review amendments to the zoning regulations was scheduled for July 2. Attorney McVerry, representing George and Diana Nybakken, said a new Section 25.7 was proposed for the Tyler Cove Association at Lake Quassapaug. McVerry said the new section would be similar to one added for the West Shore Homeowners Association, taking the limited common areas and using them as building lines.

In other matters, town counsel Dana D’Angelo told commissioners the Board of Selectmen (BoS) received an offer to purchase town-owned property on Benson Road for $200,000. The town acquired that property from Baker Residential in lieu of taxes owed in June 2014. D’Angelo said the sales price is the same as the assessed value. First Selectman Edward B. St. John was authorized April 20 by the BoS to proceed with a sales contract pending P&Z approval, which was unanimously voted.

In procedural matters, Zoning Enforcement Officer Curtis Bosco told Chairman Smith he had been regularly attending ZBA meetings from the time he assumed his position but recently found he was not required to do so. He said he could process variance applications in the building department offices with the help of staff.

Chairman Smith confirmed Bosco did not need to attend ZBA meetings. Bosco also said he had examined state statutes and found no regulations requiring the mailing of certified letters to neighboring property owners. The statutes say “may require,” but don’t compel towns to do so. He said Middlebury has no rules or ordinances requiring the letters. Smith told Bosco he didn’t need to require them anymore.

The next regular P&Z meeting will be Thursday, June 4, at 7:30 p.m. at Shepardson Community Center.