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P&Z Drops Consideration Of Allowing Restaurants In BPO Zones

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After reviewing the advisability of adding "restaurants" as an allowed land use in the town's several Business-Professional Office (BPO) zones, Planning and Zoning Commission (P&Z) members have opted against pursuing such a zoning rule change.

However, P&Z members decided at an April 7 session that they would consider such a rule change if the person interested in having a "restaurant" use allowed in BPO zones submits a formal application to the P&Z on the matter. Such an application would have a public hearing, after which the P&Z would act on a proposed rule change.

P&Z members initially had discussed the proposal to add a restaurant as an allowed use in BPO zones at a March meeting at which they reviewed a letter from real estate agent Maureen Van Hise of Berkshire Hathaway HomeServices of Brookfield.

Ms Van Hise had requested that the P&Z provide her with an informal opinion on including a restaurant as an allowed land use in a BPO zone. Ms Van Hise represented Faith Gulick, who owns a house at 68 Church Hill Road, near the intersection of Church Hill Road and Interstate 84's Exit 10 westbound ramps. That property has BPO zoning.

In her letter, Ms Van Hise said the Gulick property would be a "a perfect location" for a restaurant.

Contacted by telephone on April 12, Ms Van Hise said she does not plan to pursue the BPO zoning rule change on behalf of Ms Gulick.

George Benson, town director of planning, at the April 7 P&Z session showed P&Z members mapping depicting the town's several BPO zones.

Areas in town with BPO zoning include properties along both sides of Church Hill Road lying between Interstate 84 and the Sandy Hook Design District in Sandy Hook Center, as well as land on the northern side of westbound I-84 in that general area, including land near the Exit 10 ramps for westbound I-84.

BPO zoning also exists at 50 Berkshire Road, which lies across Berkshire Road from Misty Vale Deli; at 7 through 25 Berkshire Road, which lie across Berkshire Road from Newtown High School; at 6 and 11 Mile Hill Road; and at several properties on the northern side of Mt Pleasant Road near the Bethel town line.

P&Z Chairman Robert Mulholland said April 7 that if the BPO rules were modified and restaurants were allowed as a land use, the P&Z would not be able to control the type of restaurants allowed. The chairman stressed that an area with BPO zoning exists across Berkshire Road from Newtown High School, noting the undesirability of creating an "intensive" land use there, such as a restaurant.

Also, Mr Benson said he is worried about the potential future development of a large piece of vacant land with BPO zoning located near I-84.

P&Z member Roy Meadows said that the Gulick property would amount to a "horrible location" for a restaurant.

Mr Benson added he does not think that a restaurant would be a practical land use at that site. "It's just an idea," he added.

In the past, the P&Z created BPO zoning to provide for a business district where there would be limited commercial activity, including limited hospitality uses.

"Permitted uses" in a BPO zone include residences in the form of one-family and two-family dwellings, a professional office, and a bed-and-breakfast business. Also, in large structures, permitted uses include financial institutions, medical or dental laboratories, and offices.

"Special permit uses" in BPO zones include adult day care, child day care, personal services businesses, veterinary hospitals, and places of religious worship.

The BPO regulations also address commercial structures which contain multiple tenants.

Town land use officials reviewed mapping of the town's Business-Professional Office (BPO) zones at an April 7 Planning and Zoning Commission (P&Z) session. Shown, from left, are P&Z member Roy Meadows, Chairman Robert Mulholland, members Barbara Manville and Don Mitchell, and Director of Planning George Benson. Seated at far right is clerk Georgia Contois. (Bee Photo, Gorosko)
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