Agenda - Planning Commission - 02/06/2003

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Z.B. December 24, 2002 -- Page 3 Zoning Commission of the Town of Morris for a special exception. ' ' t people from 15 families. The At the time, Bethlehem s membership, otaled 90 special exception application sought permission to construct a house of worship. Bethlehem had an expert study the house of worship~s effect on vehicular traffic. The commission also asked' that the study be based on a 'worst case' scenaho. The 'worst case' scenaho was 200 people attending ~ervices on Sun- day, and 50 attending Wednesday services. The commission denied the application for a special exception with respect to traffic by citing the ~ade and curves on the road in front of the proposed site and driving conditions during inclement weather. It based most of the decision on gavel trucks that traveled on the road. Bethlehem sued, and the trial court ruled in favor of the commission. Bethlehem appealed. DECISION: Reversed. The commission improperly denied the special' exception on the basis of traffic concerns. . W~th respect to the condition of the. road during inclement weather, the town had a duty to maintain its roads. It could not deny access, for its failure to. maintain the roadway. People regularly, and in significant numbers, safely walked, jogged, and rode bicycles and' horses along the road on a daily basis. They safely shared the road with 18-wheel trucks going to and from the gavel-pits. The gavel trucks were a pretext for claiming a dangerous Situation.. The trucks did not operate on Wednesday evenings or midday on Sundays. Further- more, the comments of residents regarding, the dangers of 20 additional trips on Wednesday evening and 50 trips on Sunday, under the 'worst case' sce- nario, were based on mere speculation. Citation: Bethlehem Christian Fellowship Inc. v.. Planning and Zoning Commission of the Town of Morris, Appellate'Court of Connecticut, No. AC 21614 (2002). see alsoi' Ghent v. Planning C~)mmission, 594 A.2d. 5 (1991). see also: Sonnv. Planning Commission, 374 A~2d 159 (1976). Conditional Use -- Company-asks to extend gravel, pit' operation Town residents object, zoning, board agrees WISCONSIN (11/07/02).-- Carew Concrete & Supply Co. hic. owned'an· 80- acre parcel in the Town of Dayton, Which it operated as a gravel pit for several years. Carew's operation was a conditional-use. Carew and its predecessor obtained.permits in the past to operate two five- acre "cells" on the land. Carew requested to extend its operations into the re- maining 70 acres. A number of residents objected to the issuance of a permit. Their complaints largely centered· on the existing noise level, truck traffic, and berm erosion. 100