The Newtown Planning and Zoning Commission (P&Z) had its third consecutive public hearing for applications October 7 regarding adding a drive-through window to a Mobil gas station/convenience store on Church Hill Road near Exit 10. The meeting took place at the Newtown Municipal Center.

The first item was Application 21.21 for two text amendments to the Zoning Regulations of the Town of Newtown, so as to add a subsection “(e) combination filling station and convenience stores permitted by §4.03.317 with drive-through facilities” and to add a subsection “(g) except as permitted in the Exit 10 Commercial Design District.”

The second was Application 21.22 for a special exception, for a property at 62-64 Church Hill Road, so as to permit a drive-through window as demonstrated on a set of plans titled, “Sundaram LLC Newtown Mobil Station 62-64 Church Hill Road Newtown, CT 06470.”

Attorney Robert “Bob” Hall represented the applicant and acknowledged that the public hearing had been continued so as to give “the public a chance to review the updated plans.”

He commented that not a single member of the public took the opportunity to review it.

Hall then proceeded to discuss how the plans do not show a place for the air hose, vacuum, and replacement air hose but wants to find a location for them during the reconstruction process.

Jason Edwards, of J. Edwards Associates, noted the proposed sign locations have not changed, but that they have added Department of Transportation (DOT) specifications. This includes, but is not limited to, having a “Do Not Enter” sign at the exit facing out to the road to reinforce the one-way direction, as well as adding a “Left Turn Only sign,” so people know what direction they are allowed to go.

Additionally, they suggested stop signs at the end of the drive-through lane, bypass lane, and car wash exit.

“We also proposed extensive paving painting, as well, that will reinforce the signs and try to make it as clear as possible,” Edwards said.

P&Z member Roy Meadows inquired if there was consideration to putting a gate device on the north east corner of the building for safety reasons. It would be where people exit the store and head to the diesel pumps to cross, so pedestrians know to look for traffic. He mentioned the Starbucks in Stony Hill has one.

Meadows said his concern is “because people would walk out the door and not see the drive-through and step out in front of the cars.”

Hall responded that the “world isn’t perfect” and that people go through stop signs, but ultimately said that they would consider adding something in if the commission wants it.

P&Z member Barbara Manville asked where the employees are going to park, since there would be limited spaces for customers with only a total of 11 spots available for everyone.

Hall said that they would park on site and that he does not see it being a problem.

Jaydev Patel, owner of Sundaram LLC, added that not all of his employees have a car that they would be driving to work and parking there during their shift.

“The purpose of the parking is to handle both the public and the employees,” Hall explained.

There was a discussion about the parking regulations, as well as the commission’s jurisdiction to request more than the minimum parking required be done.

Hall referenced Borough of Newtown Zoning Regulations, to which the P&Z noted those were not relevant to the town’s specific zoning regulations.

Ultimately, Hall said, “There is no more room for parking.”

He added that the spaces they have proposed are only what they have room for, and he is satisfied with it.

Public Comments

Newtown resident Heidi Winslow was in attendance as a member of the public to speak. She noted that she moved to Newtown because it was a pretty town to live in.

She served on the P&Z in the 1990s and noted that in that role it was important to her was to protect the appearance of the town, protect local business from big box stores, and to prevent drive-through windows — which she called “the hallmark of fast-food.”

Winslow explained, “One of the things that protects our town is the fact that we don’t, historically, allow fast food people to come to town, because they won’t come unless they can get a drive-through window.”

She shared that every three to four years there are applicants looking to change the regulations, and she comes out to advocate against it. She cited potential problems with drive-through windows include traffic congestion that it negatively impacts local eateries and restaurants.

“Despite the applicant’s repeated statements to you that they are completely within the regulations in making this application to you, the fact is that they’re here to change the regulations and to suggest to you that when you are asked to change the regulations that you don’t have the authority to change the regulations in a way you desire, including parking, is outrageous. They are not in compliance with the regulations,” Winslow said.

She said allowing it would change the character of the town.

Winslow suggested the P&Z change the regulations in accordance to what the commission considers safe and would benefit Newtown — not solely based on the developer’s proposal.

Hall responded that drive-throughs are only allowed in the Exit 10 overlay zone, so it is not throughout all of Newtown.

“This gas station is the only one that would be eligible for a drive-through window. It’s as simple as that,” he said.

The Vote

After roughly an hour, the P&Z closed the public hearing for the two applications and the commission continued its discussion.

P&Z Chair Don Mitchell brought up how he believed the traffic report has potential inaccuracies from it being based on a standalone coffee shop viewpoint.

He also noted, “I acknowledge that the Exit 10 regulation provided for a drive-through, but I don’t think it was based on a full-throated consideration of whether they are good in other kinds of situations like this. If fact, we recently denied a restaurant drive-through in the Exit 11 area, if you recall, because the regulations prohibited it. We could have changed the regulations, but we declined to do that.”

Mitchell considers the Dunkin’ Donuts drive-through would be another business within the Mobil convenience store and that the P&Z’s regulations prohibit a second use.

“You can only have one use per lot,” he said.

Manville said if they approve it, the traffic seems “workable,” and P&Z member Dennis Bloom agreed with her.

There were concerns brought up, however, that convenience store items could also be sold out of the drive-through window based on the text language, even though that is currently not the applicant’s intention.

Mitchell said, “If we were to vote now, my thought would be that this text amendment is far broader than it needs to be, and it’s so broad that it’s beyond anything that not only the applicant intends but also the commission would intend… the proposal can be offered in a more limited way that I think wouldn’t offend so many of the sections of the regulations.”

When voting on Application 21.21, it was unanimously opposed. They did not proceed with a vote on Application 21.22.

Instead, now the applicant can amend the application and come back with the previous public hearings on the record.

During the meeting, Bloom took the time to acknowledge the passing of Newtown resident Robert “Bob” Mitchell, who was very active in serving the community.

Bloom led everyone in having a moment of silence.

For more information about the Planning and Zoning Commission, visit newtown-ct.gov/planning-zoning-commission.

Reporter Alissa Silber can be reached at alissa@thebee.com.