Greene judge made the correct call on water-filling station
Many people probably breathed a sigh of relief last week when Greene County Court of Common Pleas affirmed a decision by Jefferson-Morgan Multi-Municipal Zoning Hearing Board denying a special exemption to allow a water tanker filling station to be developed on Route 188 near Jefferson.
More than two years ago, Bell’s Bridge LLP requested a special exception to construct the station just west of Jefferson. The station, the company said, would be capable of filling 17 trucks an hour and would operate 24 hours a day.
The zoning board twice held hearings on the plan and twice denied the requests for the special exemption. Many residents attended the hearings to speak against the plan and argued the station would detract from the character of the neighborhood.
More importantly, they cited the potential dangers heavy trucks entering and exiting the site would pose to traffic on Route 188. The entrance to the station, residents pointed out, is on a stretch of Route 188 where motorists driving west pass over a slight crest in the hill and, depending on their speed, would have limited distance to stop.
In addition, the property is about 400 yards from the entrance to the Jefferson-Morgan High School campus, an area that at times has high volumes of traffic and is frequented by many drivers who are young and inexperienced.
Bell’s Bridge argued the station would actually reduce the number of trucks passing through Jefferson. These would be the trucks normally traveling west on Route 188 from water-filling stations to the east.
The company maintained issues regarding highway safety also were addressed by the state Department of Transportation, which inspected the site and issued a highway occupancy permit for vehicles to enter and exit the highway at that location.
In a lengthy opinion, Greene County Senior Visiting Judge Hiram A. Carpenter III thoroughly reviewed both sides’ arguments. He also conducted a visit to the site to get an idea of the circumstances.
The judge noted the zoning board was in a “difficult position” in regard to its decision and pointed out most testimony presented to it at the hearings was merely “lay opinion.” But, he added, it was apparent certain “undeniable realities” faced the board in deciding the case.
He cited many of the objections that were raised by the residents, including increased noise from the trucks and limited sight distance for traffic on Route 188, given the station would be situated just over a crest of the hill.
The judge also determined the board was correct in determining the station would negatively impact the character of the neighborhood, where nothing similar to a truck water-filling station currently exists.
We fully agree with the judge, particularly in regard to the issue of traffic safety.
It seems to us a truck entering the highway at that location, weighed down with a heavy load of water, would not be able to move quickly enough to avoid any vehicle that may come barreling over the crest of the hill. And though no one should be driving that fast on that particular stretch of highway, we feel certain many do and that will never change.