LEXINGTON – Lexington Village Council voted unanimously Monday to deny a conditional-use permit application for a gas station near the village square.
Council members voted 6-0 to deny the application filed by John S. Gordon, vice president of Englefield Oil, and B and B Realty Holdings, an affiliated organization, to build a convenience store and fueling station at 15 East Main St.
Councilwoman Katie Getz was absent from the meeting, as were any representatives from Englefield Oil.
Click the PDF image to read the full written recommendation from the Lexington Planning Commission.
Council’s decision was in line with recommendations from the village planning commission, which voted last month to deny a conditional-use permit after two formal hearings. The planning commission ruled the application did not comply with standards B, C and D in section 1143.02b(5) of the village’s zoning code.
In its written recommendation to council, the planning commission stated that the applicant failed to prove the proposed development would be served adequately by “essential public facilities and services” with respect to highways and streets, a requirement of standard B.
The recommendation also stated that “the record,” primarily a traffic study commissioned by Englefield Oil and conducted by TMS Engineers, failed to meet standard C with respect to traffic. Standard C states that a development must not be detrimental to any persons, property or the general welfare “by reason of excessive production of traffic.”
Standard D states that applications must have vehicular approaches to the property that don’t interfere with traffic on surrounding public thoroughfares.
Robert Jarvis, council president and a member of the planning commission, said the village would reconsider Englefield’s application if the company chooses to appeal the decision or file an amended application.
“If they were to resubmit, they would have to give us something to reconsider,” he said. “I’m sure there would have to be even more traffic study to see what would happen on Plymouth Street.”
Jarvis said neither the village council or planning commission has been notified of an appeal.
Mayor Brian White said no one from Englefield Oil has contacted him expressing an intent to appeal the decision or sue the village.
White declined to speculate on possible future uses for the property at 15 East Main Street.
“Something is compliant with the zoning and is safe,” he said. “There’s a lot of things in our zoning that could go in there.”
