Proposed Retail Center Draws Continuing Complaints

By Andrew Gorosko

A South Main Street commercial property owner, who is upset over the proposed construction of a new commercial building next door to his property, is continuing to raise various technical issues about the project and is urging that plans for the complex be redrawn for resubmission to the Planning and Zoning Commission (P&Z).

At an October 19 P&Z public hearing on Berkshire Plaza, which is a 15,000-square-foot building proposed for 146-148 South Main Street, adjacent commercial property owner Christian H. Qualey, Jr, raised many issues about the retail/office project.

Developer Monaco Properties, LLC, of New Haven is proposing the construction of Berkshire Plaza on a steep 2.35-acre site on the west side of South Main Street. The site is in a B-2 Business zone. The two-level structure, which would be built on a slope, would contain 10,000 square feet of retail space on the lower level and 5,000 square feet of office space on the upper level. The structure might house up to eight retail spaces and up to four office suites.

Last June, a Danbury Superior Court judge overturned the P&Z’s October 2005 approval of Berkshire Plaza. In that decision, Judge Carl J. Schuman ruled that the P&Z erred on two counts when it approved the project.

That court appeal was filed by plaintiffs Christian H. Qualey, Jr, and Judith A. Qualey, both of 1 Cedar Circle. Mr Qualey is one of the owners of 150 South Main Street, a commercial property abutting the Monaco development site. The Qualey property holds the businesses known as Phone Forum, LLC, and South Main Pizza.

As a result of the court case, Monaco reapplied to the P&Z for the commercial complex.

At the outset of the October 19 hearing on Berkshire Plaza, P&Z Chairman William O’Neil refuted Mr Qualey’s allegations made at a October 5 hearing that he had not received sufficient access to Berkshire Plaza application documents at the town land use office.

At the October 19 session, Mr Qualey raised procedural and technical questions concerning the Berkshire Plaza application, charging that the applicant had made major design changes to the project compared to the previously approved version of it.

Mr O’Neil asked Mr Qualey to specifically state his concerns, adding that the current proposal is very similar to the previous version of the project.

Mr Qualey’s criticisms focused on issues including motorist sight lines, the septic system design, a right-of-way, and potential erosion problems, as well as how the proposed building would be used. He has charged that the presence of Berkshire Plaza would pose traffic hazards for people using his property at 150 South Main Street.

Mr Qualey charged that the project’s engineering deficiencies require that the plans be redrawn and resubmitted to the P&Z in a new application.

To ensure that Mr Qualey’s many complaints about Berkshire Plaza are adequately addressed, Mr O’Neil urged that he put his complaints in writing to allow the town engineer to thoroughly review and comment on them.

Mr Qualey said he would consult with his lawyer on whether he should commit his complaints to writing.

At the October 19 public hearing, Paul Fadus of Sunset Hill Road, who owns a residential property at 136 South Main Street, told P&Z members that the site where Monaco would build Berkshire Plaza is now an “eyesore.” Mr Fadus urged the P&Z to approve the project, saying that it would be “a good use of the space,” which would improve the local property tax base and also create jobs.

Engineer Mark Lancor, representing Monaco, told P&Z members that changes to the Berkshire Plaza plans focus on how South Main Street in that area would be improved to facilitate traffic flow near the commercial building.

The state Department of Transportation (DOT) is requiring that Monaco cover the costs to widen South Main Street (Route 25) near the site. Such a road widening would allow northbound motorists to safely wait for southbound traffic to clear before making a left turn into the Berkshire Plaza driveway, while other northbound motorists pass the waiting northbound motorists on the right without stopping.

Gian-Santa Associates received town approvals in 1989 and 1992 to commercially develop the site under a plan similar to one now proposed by Monaco. Gian-Santa performed some site work on the land, including grading and the construction of a foundation and a retaining wall, but its proposed commercial building never materialized. Monaco later purchased the site.

The P&Z is expected to act on the Berkshire Plaza application at an upcoming session.