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Planning staff secures commission support for narrowly tailored zoning change to allow limited auto repair in Lake Kenosha area

Danbury Planning Commission · September 18, 2024
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Summary

The commission voted to issue a positive referral to the zoning commission for a text amendment that would permit auto repair facilities tied to new‑car dealerships in parts of the Lake Kenosha watershed, subject to staff‑recommended restrictions including civil‑engineer certification, minimum lot size and environmental safeguards.

The Danbury Planning Commission on Sept. 18 voted to refer to the Zoning Commission a petition by JM Zelle Partners LLC that would amend the watershed zoning text to permit auto repair uses as part of a licensed new‑car dealership in certain areas, subject to a set of staff conditions intended to protect groundwater and reservoirs.

Deputy Planning Director Jennifer Aminter summarized the petition submitted by attorney Neil Marcus and told commissioners the department’s review did not support the petition as originally written. Aminter said the department is not opposed to the concept — noting that modern dealership service facilities and state DEEP wastewater permit requirements provide protections that older, small auto‑repair operations lacked — but recommended narrowing the amendment to class 2 (Lake Kenosha) areas only and adding specific safeguards.

Among the measures Aminter proposed and told the applicant’s counsel he agreed to incorporate are: certification of service areas by a civil engineer (rather than an LEP) to show containment of hazardous fluids; a minimum lot size of 3 acres in the CA‑80 zoning district for any allowed dealership service area; confinement of maintenance, detailing and washing activities within a primary building; covered loading areas; prohibition on on‑site fuel storage and auto‑body repair; required oil/grit separators discharging to the sanitary sewer or to approved holding tanks; submission of spill prevention and waste management plans; and compliance with applicable DEEP general permits for wastewater discharges.

Aminter said the petition as drafted was too broadly worded and would apply to both class 1 and class 2 watershed areas; staff suggested limiting the allowance to class 2 only and adding the listed conditions. Commissioners asked whether existing DEEP permit requirements made some zoning language redundant; Aminter replied that the state requirements exist but that zoning text should be updated to reflect current technologies and permit regimes.

Commissioner (name on record) moved for a positive referral subject to the staff‑recommended changes; the motion was seconded by Miss Hofstadter and passed by voice vote.

The matter will next go to the Zoning Commission, which is scheduled to hold a public hearing on the amendment on Sept. 24, 2024.