BEST ANSWER
FIRST ANSWER
You may find that some or even all of the ZBA (Zoning Board of Appeals) don't want it there either. Just because your neighbor has made an application doesn't mean he is going to get it. I would start by going to the ZBA Office in advance of the public hearing and inspect the plans. Ask them to explain things on the plan that you may not understand and you may even be able to ask to meet with one of the members of the ZBA to discuss your concerns in private before the hearing. You absolutely must attend the hearing in person because if nobody objects, they may have no reason to deny the application.
Their job at the hearing is not to answer your questions, it is to listen to your point of view and the reasons why you object. You are giving testimony to educate them on aspects about which they may not be aware. Your neighbor is only giving them the positives, so it is your job to make sure all they hear all the negatives. Although obviously your concern is for yourself and your children, it would help if you can think of one two reasons why it's not a good idea to locate it there anyway, even if your home wasn't next door, so you don't come across as a NIMBY (not in my back yard).
Also, it's a good idea to have all your points written down in the form of a letter to the Chairman of the Board before you show up for the hearing. I recommend you send a copy of your letter to him/her at Town Hall at least a couple of days in advance of the hearing, AND you also need go to the microphone at the public hearing and read your letter into the public record as well. That is so that everyone else at the hearing will also hear your concerns, and each member of the Board will have a copy in their file.
I would also write the same letter (or a shorter version) to the local newspaper, asking for others in your community to also write to the ZBA to object. They will probably have an attorney represent them at the hearing, so may want to have a local attorney represent you, or at least talk to one in advance and see what pointers they can give you.
I would not mention that you don't have any visitors, it's not something anybody needs to know, but you can say that you don't think it's appropriate for the Town to locate an industrial business of any kind immediately next to your home, which is in a quiet residential area where children play, especially a recycling center which will be noisy, smelly and dirty. I'm sure your neighbor will say it is not going to be, but you can still say that. You can also say that it will reduce the value of your home, which it will, and you can ask a local Realtor to give you an opinion as to how much your home would be devalued if the rezoning were to go ahead. Submit that in writing also.
If you have friends and neighbors in your community who agree with you, ask them to write a letter of objection to the ZBA, or start a petition and ask everyone you know to sign it, asking them also to attend the public hearing with you, even if they don't stand up to object.
Sometimes it only takes a few people objecting to sway the Board to deny an application, and if they don't like the idea anyway, they will be very pleased to see you stand up and object, because it gives them a very good reason to deny it. So don't think you can't win, although you may not, but the more people you have supporting your objection, the more like you can stop it.
Finally, one of the main concerns with recycling centers is how many trucks are going in and out, how frequently and at what times of day, also whether or not the trash will be offloaded from the trucks inside a building. In other words, is this going to a constant stream of trucks all day every day. And how is the trash going to be self contained inside the recycling center, or will it be attracting vermin and critters. You should be able to find out that information from the zoning application, but I would also make sure you stress your concerns about that aspect at ZBA Office in advance of the hearing, AND at the hearing itself.
Good Luck with your fight!
Mon Aug 4 2008, 23:38