Monroe Gas LLC is Back Before the P&Z

Written by Angela Cross

Monroe Gas LLC is back before the Planning & Zoning Commission. It previously proposed to build a five-bay-10-pump gas station for Stop & Shop at 528 Monroe Turnpike, but that application was withdrawn both times, once for a "fatal error" with the map and a second time because the portion of the property where they want to hook into an existing septic system is zoned residential.

At a Dec. 19 hearing, Monroe Gas LLC only applied for a zone change to accommodate commercial use of the septic tank. It's asking the commission to change a .57 acre portion to the rear south corner of the total 1.96 acre lot from residential to commercial.

The property owner contends that the main lot is unable to support a subsurface septic system due to a conservation easement and wetlands on the property.

Stephen Studer, the attorney for Monroe Gas LLC, said, "The rear portion [of the lot] is the only portion capable of supporting a sub-surface sewer. The split zone is a real constraint to the development of 528 Monroe Turnpike. Without septic, this property is essentially useless."

However, P&Z Vice Chairman William W. Porter called into question whether the rear flag portion is the only place a septic system for the property could be located.

Regardless, the commission agreed that a zone change in itself does not allow use of the septic without further regulations and town approvals.

Impacts on Neighbors

Town Planning Administrator William Agresta suggested an approval could encourage commercial property owners to buy adjacent residential properties and apply for a zone change to enlarge their commercial property holding.

"Are we creating a situation of creep by applicants instead of town planning?" he 
asked.

Studer said, "Zone lines should follow property lines and they typically do."

Mike Sportini lives on Cross Hill Road, which borders the property under consideration for the zone change. He expressed concern about the residential zone being cut into.

"If that plot of land is residential and becomes commercial, we've now crept farther into residential," Sportini said. "Through this process, they have failed one, two and we are here a third time. They are trying to fit a square peg into a round hole.”.

Sportini also raised concerns about the commercial use of an access path and easement that runs through his property.

"You can’t drive to commercial property through a residential district. A residential plot of land will now be an easement for commercial property," he said.

Future Use in Question

Attorney Joel Green represents B&J Reality, whose principal is Bernard Prushko, owner of the Shell station next door to the property owned by Monroe Gas LLC. He suggested that "different uses would have different septic system requirements."

"They haven’t identified what the land will be used for," Green said. "By not identifying potential use, the applicant did little to show how it meets land use requirements."

Studer replied, "Tonight’s application is not about a gas station. There may never be a gas station. It is about the ability to develop this property for use."

The commission closed the floor to general public comment. However, it will still accept written testimony and will continue deliberations at the P&Z meeting on January 16, 2014.