SIMSBURY, CT — A proposal to build a 7,275-square-foot car wash at Dorset Crossing failed to gain approval from the Simsbury Zoning Commission after members deadlocked on two motions concerning the project's environmental impact and compliance with zoning regulations.
During its Oct. 19 meeting, the commission voted 3-3 on a motion to approve the car wash at 10 Dorset Crossing. A subsequent motion to deny the application also failed by a 3-3 vote.
Following the two votes, Simsbury Zoning Commission Chairman Tony Braz declared that the commission had failed to approve the application.
This was about a month after the same zoning board said "yes" to a zone change that would have allowed the car wash to be built. That same night, the commission opted to put off a vote on the site plan until Oct. 19.
The proposal, submitted by property owner Dorset Crossing LLC and represented by attorney Dwight Merriam, called for construction of a car wash facility in the town's Planned Area Development (PAD) Zone.
The application drew opposition over concerns about the potential impact on the underlying aquifer and whether the proposed facility met the town's zoning requirements.
Attorney Jane Warren represented an intervenor who raised environmental concerns under the Connecticut Environmental Protection Act (CEPA).
Both Merriam and Warren presented 10-minute summaries of their respective positions before commissioners voted.
Simsbury Zoning Commission Vice Chairperson Shannon Leary, seconded by Commissioner Kate Beal, introduced a motion to approve the application with several conditions.
The proposed approval would have found that the environmental concerns raised by the intervenor had not been proven by substantial evidence.
The motion stated that the intervenor had raised speculative concerns and that the record contained no expert evidence demonstrating that the proposed car wash would directly harm the aquifer.
It also would have found that the proposed facility complied with the town's site plan requirements and was substantially consistent with the master development plan previously approved under application ZC 26-18.
The proposed findings stated the car wash was not a regulated activity under the town's Aquifer Protection Agency regulations and therefore did not require review by that agency.
Commissioners also considered whether water carried out of the car wash on vehicles could affect the aquifer.
The approval motion would have classified that water as a minimal amount, rather than car wash wastewater, with no demonstrated negative impact on the aquifer.
The proposed conditions included:
However, the approval motion failed 3-3, with Leary, Commissioner Tucker Salls and alternate Commissioner Stacie Espeso voting against it.
Following the unsuccessful approval vote, Salls introduced a motion to deny the application, seconded by Leary.
That motion reached the opposite conclusion about the environmental concerns.
It stated the intervenor had presented substantial evidence, including expert evidence, demonstrating that the proposed use would directly harm the aquifer.
The denial motion also cited two specific concerns about the project's compliance with zoning regulations.
First, it found that the proposed car wash did not meet the definition of a car wash under Section 17 of the town's zoning regulations because portions of the facility would operate without attendants and the system would not completely recycle all wash water used on the property.
The motion noted the commission had the authority to modify the definition under the PAD zoning provisions but chose not to do so.
Second, the motion cited the facility's projected water consumption as a threat to the underlying aquifer.
Commissioners considering the denial motion raised concerns about the amount of water the facility would use on a daily and annual basis.
The motion also failed 3-3, with Braz, Beal and Commissioner Dagny Griswold voting against denial.
With neither motion receiving a majority vote, Braz declared the commission had failed to approve application ZC 26-19.
The outcome leaves the proposed car wash without the site plan approval sought by Dorset Crossing LLC.
It is not known if the applicant intends to revise the proposal, submit a new application, or pursue an appeal.
For the minutes of the Oct. 19 Simsbury Zoning Commission meeting, click on this link.
From Sept. 22: 'Simsbury OK's Car Wash Zone Change; Site Plan Decision Delayed'
Sign up for free local newsletters and alerts for the
Southington Patch
Patch.com is the nationwide leader in hyperlocal news.
Visit Patch.com to find your town today.