Commission Rejects Proposal To Increase Store Size Limit

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members have unanimously rejected a regulatory proposal to increase the maximum allowable size of new stores by 50 percent, from the current limit of 40,000 square feet to 60,000 square feet.

P&Z members turned down Danbury attorney Ward Mazzucco’s proposal at an April 15 session. Voting against the application were P&Z Chairman William O’Neil, Sten Wilson, Lilla Dean, Robert Poulin, and Robert Mulholland.

Had the retail size limit been increased to 60,000 square feet, it would have opened the way for development applications from a class of merchants whose large stores have been excluded from town since 1996 due to store size restrictions. Under expanded size limits, the types of merchants that would have been allowed in town include major supermarkets, and retailers such as Sports Authority, Raymour & Flanigan, Circuit City, and Bed, Bath & Beyond.

Mr Mazzucco had sought a rule change to increase the maximum size for a single store within a shopping center. Mr Mazzucco reportedly requested the rule change in connection with the potential development of a new shopping center containing approximately 100,000 square feet of overall retail space on a 12-acre site on the west side of South Main Street, directly south of Sand Hill Plaza.

Before the P&Z vote to reject increasing the retail space limit, P&Z member Lilla Dean told P&Z members that she had listened to the audiotapes of the August 1, 1996, P&Z meeting, at which P&Z members placed a 40,000-square-foot size limit on stores. She said she also had read that meeting’s minutes.

Ms Dean said that P&Z members in 1996 had sound reasons for enacting the store size limit. None of the current P&Z members were on the panel in 1996.

Town residents like the local character as currently constituted, Ms Dean said, adding that allowing larger stores to locate here would adversely affect the local character.

The town has two shopping centers, which are enough shopping centers for a town the size of Newtown, she said. Sand Hill Plaza on South Main Street and Newtown Shopping Village on Queen Street are the two local shopping centers. Each shopping center has a large supermarket as its prime tenant.

Ms Dean said she fears that increasing the town’s retail size limit would result in Newtown taking on the appearance of the heavily commercially developed Federal Road section of Brookfield.

“This [40,000-square-foot size limit[ has stood the test of time. It’s been eight years,” she said. 

Ms Dean said large stores are known by the term “category killers,” because when they locate in a town they tend to kill off existing smaller businesses within their retail category.

Mr Wilson agreed with Ms Dean’s views.

Mr Poulin said he does not mind driving out of town to do business at large stores elsewhere. He added he does not believe that allowing larger stores locally would improve the town’s property tax revenue situation.

Mr O’Neil said he believes that residents want the town to maintain its current civic character, adding that allowing larger stores to locate here would adversely affect that character by opening up the town too much retail development.

Mr O’Neil, however, pointed out that the P&Z should keep local economic development in mind. He suggested that the P&Z create a specialized land-use zone, known as a “floating zone,” within which larger stores would be allowed. Mr O’Neil asked P&Z members whether such land use regulation would be workable.

Ms Dean responded that it could be studied.

The P&Z now employs such “floating zones” for the creation of elderly housing complexes and affordable housing complexes.

P&Z members then voted on Mr Mazzucco’s request to increase the retail size limit from 40,000 to 60,000 square feet and rejected it unanimously.

In a presentation to P&Z members at a March public hearing, Mr Mazzucco had said the P&Z in 1996 created the 40,000-square-foot retail space limit to keep “big box” stores, and the traffic they generate, out of Newtown. Such stores include Wal-Mart, Home Depot, Target, Costco, and BJ’s Wholesale Club.  Such stores are typically larger than 60,000 square feet.

Mr Mazzucco then said there has been much population growth in Newtown since 1996, generating a strong demand for supermarkets and for large retailers. Mr Mazzucco had told P&Z members that the requested zoning rule change would allow “larger” stores to locate in Newtown, but would still keep out the “largest” stores.

The town’s Economic Development Commission (EDC) had endorsed Mr Mazzucco’s proposal as a means to increase local property tax revenue.

At the March hearing, former P&Z member Heidi Winslow opposed increasing the store size limit. Ms Winslow served on the P&Z for more than 11 years, resigning from the agency in 2001 to become a Superior Court judge.