A developer’s proposal to create zoning regulations, which would provide for a “commercial design district” in Sandy Hook in the area near the Exit 11 interchange of Interstate 84, with the intent of building a restaurant with drive-through window service there, has drawn some heavy opposition from residents living in that area.

The Planning and Zoning Commission (P&Z) on June 6 held a public hearing on applicant James F. Walsh’s proposal to create a zone known as the Interchange Commercial Design District (ICDD). As a framework for the ICDD zone, Mr Walsh recommends the use of the regulatory wording which describes the Exit 10 Commercial Design District (X10-CDD) zone. The P&Z created the X10-CDD zone at another developer’s request in November 2015.

Additionally, Mr Walsh’s civil engineer suggests that the commercial zoning proposed for the Exit 11 area also eventually be applied to land near the Exit 9 interchange of I-84 in Hawleyville.

As explained at the public hearing, Mr Walsh owns 32 Berkshire Road (Route 34) where a mulch business is in operation. The 2.86-acre parcel currently has M-5 (Industrial) zoning. It is that property which he would convert to ICDD zoning, if approved by the P&Z. Mr Walsh, of Yearling Lane, in late May sold an adjoining 3.41-acre parcel at 4 Toddy Hill Road to Lenahan Mulch, LLC, of Roxbury, where a mulch operation is underway.

Civil engineer Kevin Solli, of Solli Engineering, LLC, representing Mr Walsh, displayed a map of 32 Berkshire Road at the hearing which showed a commercial building containing a restaurant with a drive-through window. The drawing indicates driveways connecting to the property on its north side at Berkshire Road, and on its west side at Toddy Hill Road.

Mr Solli told P&Z members that the presence of I-84 in Newtown creates “economic development opportunities” at the highway’s interchanges. He described such growth near Exit 11 as “a great opportunity for the town.”

“This area is heavily traveled,” he said, adding that the state Department of Transportation (DOT) plans to make a variety of roadway improvements at and near Exit 11 to improve currently congested traffic flow through that area. Berkshire Road will be widened and a new on-ramp for Exit 11 will be added there, he said.

Under the proposed ICDD zoning regulations, commercial projects in a ICDD zone would be subject to an aesthetic review of architecture and landscaping by the town’s Design Advisory Board (DAB), he said. The proposed zoning regulations contain detailed specifications for drive-through facilities, he added. Also, a restaurant with a drive-through would be limited in size to 2,500 square feet, decreasing the likelihood of a standalone fast food restaurant, such as a McDonald’s, locating there, Mr Solli said.

P&Z member Ben Toby told Mr Solli that “Traffic is difficult there,” adding that Newtown High School is located nearby. “This sounds like a patently bad idea,” Mr Toby said of building a restaurant with a drive-through window in that area.

“Those commuting times are pretty tough,” P&Z Chairman Don Mitchell said of congestion in that area.

P&Z member Jim Swift recommended that the developer wait until the DOT makes its road improvements in the Exit 11 area, after which the P&Z would judge whether the ICDD zoning proposal is practical for that area. “Why are we here now?,” Mr Swift asked of the timing of the application.

Mr Mitchell noted that after the P&Z approved X10-CDD zoning, P&Z members had lengthy discussions about whether the P&Z should more broadly allow restaurants with drive-through window service in town, but did not broaden that use.

The P&Z’s approval of X10-CDD zoning in 2015 marked the first time since town zoning began in 1958 that the agency allowed drive-through service for an eatery. Traffic congestion and littering were among the issues that had prevented drive-throughs from being approved.

“Why do we even need a drive through [at/near Exit 11]...It doesn’t make any sense,” said P&Z member David Rosen.

Such a facility could be beneficial, as drive-throughs offer people convenience, Mr Solli responded.

P&Z member Corinne Cox noted that the DOT altered a traffic pattern at the retail center which was built at 73-75 Church Hill Road, near Exit 10, after the P&Z had approved the plans for that project. P&Z members do not yet know how well traffic will flow at the Starbucks Coffee drive-through there, she said. That coffee shop is scheduled to open on June 14.

The land at 32 Berkshire Road should be redeveloped with a new use, Mr Solli said.

Even with the road improvements planned by DOT for the Exit 11 area, “traffic will be really bad,” Mr Rosen said.

If the proposed ICDD zone is approved by the P&Z for the Exit 11 area, some developer would then approach the P&Z to extend such zoning to the Exit 9 area, Mr Swift predicted.

Mr Mitchell pointed out that even without ICDD zoning for the Exit 11 area, many different commercial uses could occur through a 32 Berkshire Road redevelopment project under the terms of current zoning rules.

“Maybe it’s not the right time for this [proposed rezoning],” Mr Mitchell said, adding that P&Z members do not know what effect the planned DOT roadway improvements would have on the area.

The $17.7 million DOT road project is slated to start in the fall of 2020. The Exit 11 improvement project has been in the planning stages for more than 20 years.

Public Comments

During the public comment section of the public hearing, people living in the area where the new commercial development is proposed raised some stiff opposition to the proposal.

Susan Kassirer of Still Hill Road said, “I am vehemently against this...We have zoning for reason...Isn’t the Exit 10 development enough?”

Ms Kassirer said she does not consider the restaurant/drive-through proposal as an opportunity for the community, but as an opportunity for a developer.

Drive-throughs generate air pollution due to the presence of standing, idling vehicles, she said.

“It sounds like Newtown’s going to become like the Post Road in Milford,” she added. “Traffic will get worse...Toddy Hill Road would get worse,” she said.

Karyn Holden of Berkshire Road said, “There are too many unknowns...I believe this request could wait until the DOT road improvements are done.”

Before pursuing any ICDD zoning for the Exit 11 area, town officials should determine how well the X10-CDD zone works out in terms of traffic flow, she said.

Keith Alexander of Fawnwood Road said he was “not ready for more drive-throughs.

Exit 10 is a special area,” he added, while Exits 11 and 9 tend to be more residential in character. “We do have empty buildings in Newtown” which are commercially zoned, he said.

Ed Seaver of Misty Vale Road said the proposed development would “increase traffic.” The presence of such a facility also would raise student safety issues due to the proximity of the high school, he said. Rezoning 32 Berkshire Road potentially could result in such rezoning extending southward along Toddy Hill Road, he said.

Bryan Atherton, a realtor, told P&Z members that while he is the broker for the new Exit 10 retail center, he has no financial stake in the proposed Exit 11 rezoning.

Mr Atherton said Mr Walsh’s development concept represents “an incredible improvement for the area.” The realtor added, “I don’t think this property will ever be developed without the anchor of a drive-through.” The property would be a good place for a drive-through, he said.

P&Z member Corinne Cox said the presence of a restaurant would attract nearby high school students, thus posing safety hazards for them.

Mr Toby then pointed out, “There’s pretty strong opposition to drive-throughs.”

“It’s not a good place for a drive-through,” said Elizabeth Alexander of Fawnwood Road, noting the many young inexperienced drivers who travel through that area near the high school.

John Hunt of Jeremiah Road said he is concerned that a drive-through would increase traffic in a congested area.

Mr Solli urged that the P&Z continue the public hearing to another session so that he could return with statistics that would show that DOT’s planned roadway changes for the area would greatly improve traffic flow. Mr Solli said he hopes that people who favor drive-throughs attend the next hearing.

Mr Solli added there would be “tremendous benefit” gained by approving the proposed regulations to create ICDD zoning.

Mr Toby then urged that the P&Z immediately vote and reject the proposed zoning rules. Mr Swift agreed.

Mr Mitchell then commented, “Applicants have a right to make their case.” The P&Z hearing is slated to resume on June 20.