Application back before commission


PROSPECT — Months after the Planning and Zoning Commission rescinded its approval of a special permit for a large warehouse on Union City Road, a similar application is backed before the commission.

John Gallagher has applied for a special permit to building a 40,000 building and make site improvements at 99 Union City Road. Gallagher plans to build a warehouse for his business, Industrial Storage, to store large equipment and vehicles.

A public hearing on the application is scheduled for the commission’s June 6 meeting.

Last year, Gallagher submitted a similar application. Members of the public and the commission expressed concerns that the sightlines for the proposed driveway at the time weren’t long enough and would pose a safety hazard.

The commission approved the special permit with the stipulation that the state Department of Transportation would rule as to the safety of the entrance and exit to the property. Union City Road, also known as Route 68, is a state road, and the DOT must approve projects on state roads.

That stipulation absconded the commission’s duty to find the application would not create a traffic hazard, according to the commission’s legal counsel, and the commission subsequently rescinded its approval.

After the vote to rescind the approval, Gallagher withdrew the application before the commission could vote to deny it.

Gallagher has applied to the DOT for an encroachment permit since the driveway would encroach in the state’s right of way. The DOT wouldn’t take up this permit until and if the commission approves the special permit.