Following a June 20 public hearing, Planning and Zoning Commission (P&Z) members voted four-to-one to reject proposed zoning regulations that would have allowed an applicant to seek a special zoning permit to build a retail center holding a restaurant with drive-through window service near Exit 11 of Interstate 84.

Voting against the zoning regulations that would allow such a use at a 2.86-acre parcel at 32 Berkshire Road (Route 34) were P&Z Chairman Don Mitchell, Jim Swift, Corinne Cox, and Barbara Manville. Member Roy Meadows dissented.

The decision against creating what would, in effect, be an Exit 11 Commercial Design District, but called an Interchange Commercial Design District (ICDD) by the applicant, follows a June 6 public hearing at which the proposal drew stiff opposition from people living in that area. At the June 20 hearing, a number of people did express support, though, for having an eatery with drive-through window service, listing convenience as the prime reason.

The proposal to create ICDD zoning regulations for the redevelopment of 32 Berkshire Road, which was submitted by applicant James F. Walsh of Yearling Lane, hinged on those zoning regulations specifically allowing drive-through window service for an eatery. Mr Walsh owns that property, where a mulch operation is now in business. The applicant’s civil engineer had suggested also employing such ICDD zoning in the area near Exit 9 of I-84 in Hawleyville.

Mr Walsh’s ICDD zoning concept was patterned on the Exit 10 Commercial Design District (X10-CDD) zone, which the P&Z created at another developer’s request in 2015 for the redevelopment of land at 73-75 Church Hill Road, near Exit 10 of I-84. A retail center there, whose name is 75 Church Hill Road, opened on June 14 with a sole tenant, Starbucks Coffee, doing business with drive-through window service. Six other tenants are planned for that property.

At the outset of the June 20 P&Z hearing, Rob Sibley, town deputy planning director, told P&Z members that 32 Berkshire Road’s current M-5 (Industrial) zoning would allow the owner to apply to the P&Z for a special zoning permit to construct a multi-store retail center, otherwise known as a strip mall. However, the M-5 zoning regulations do not allow an eatery with drive-through window service.

The P&Z’s 2015 approval of X10-CDD zoning, which allows such drive-throughs for eateries, was the first time since town zoning started in 1958 that the P&Z endorsed such a use. The P&Z allows banks and pharmacies to have drive-through windows.

During an extended discussion with P&Z members on June 20, engineer Kevin Solli of Solli Engineering of Monroe, representing Mr Walsh, explained that the state Department of Transportation’s (DOT) planned improvements for Exit 11 and nearby roadways would improve congested conditions in that area to the extent that a restaurant with drive-through service would not pose traffic problems. The planned roadway improvements would make traffic flow more efficiently in the area, he said.

At the June 6 P&Z public hearing, Mr Solli had displayed a conceptual drawing of a retail center which has a restaurant with a drive-through window situated on one end of a multi-tenant commercial building. Such a complex would have driveway connections to Berkshire Road and Toddy Hill Road.

On June 20, Mr Solli said the mulch operation at 32 Berkshire Road is an “eyesore,” adding that a well-designed retail center for the property could look similar to the retail center at 75 Church Hill Road.

The $17.7-million DOT roadway improvement project is slated to start in the fall of 2020 and be completed sometime in 2022. The improvements, which have been in the planning stages for more than 20 years, are keyed to enhancing traffic flow in an area known for its congestion and long backups during the morning and evening commuter rush periods. Improvements will include the widening of a section of Berkshire Road, the construction of an auxiliary Exit 11 on-ramp extending from westbound Berkshire Road to provide motorists with access to both eastbound and westbound I-84, and improving the geometry of the existing Exit 11 off-ramp and on-ramp.

At one point during the June 20 hearing, Ms Cox asked why the hearing was even occurring when Mr Solli had already been told that P&Z members do not want more local eateries with drive-through window service. Mr Solli responded that the drive-through window is the key component of Mr Walsh’s application for ICDD zoning regulations, and thus he was making a case for drive-through windows.

Public Comment

During the public comment section of the public hearing, Neil Nacewicz of Yearling Lane said the flow of traffic near 32 Berkshire Road would be improved by the DOT’s planned roadway project, adding that people do seek the convenience offered by drive-through window service.

Dan Holmes of Spring Road, a member of the Pootatuck Watershed Association, said that 32 Berkshire Road is “a very sensitive location in the aquifer protection area.”

Mr Holmes asked what measures would be taken for suitable stormwater control at the property. The site lies near the center of the town’s aquifer protection area, a specialized environmental protection zone located above the Pootatuck Aquifer, which is the underground source of two public water supplies and widespread individual domestic water wells.

Tim Sullivan of Clearview Drive said he does not understand how drive-through window service at an eatery would benefit the area. Such a facility would worsen traffic, he said, stressing that the site is near Newtown High School. “I’m very, very concerned,” Mr Sullivan said, adding that he expects a drive-through likely would sell fast food.

Michele McLeod of Still Hill Road said the town does not need another drive-through restaurant. “Toddy Hill Road doesn’t need more traffic,” she said. The presence of a drive-through will increase traffic in the area, including traffic coming from I-84, she said.

“Most of us didn’t move to Newtown because we wanted to move to a commercial development area,” she said. The presence of such a facility would adversely affect the local way of life and property values, she added.

Tim O’Connell of Webster Place said he likes the commercial development that occurred at 75 Church Hill Road. A restaurant drive-through on Berkshire Road would provide a good food alternative for nearby high school students, he said. “We need business in Newtown, We need tax revenue,” he said. The proposed new use would mark a “vast improvement” for the mulch site, he added.

Tom Santella of Yearling Lane said he favors the proposed ICDD zoning regulations. Provided that the retail complex is attractive, it would be appropriate for the site, offering convenience for customers, he said.

Dawn Nacewicz of Yearling Lane said the proposed development for 32 Berkshire Road would make for a great addition to the area. Ms Nacewicz said she went to the new Starbucks Coffee shop at 75 Church Hill Road and was impressed.

Andrea Santella of Yearling Lane said that provided that the traffic concerns are resolved, the proposed drive-through would suitably offer convenience for customers.

Charles Zukowski of Cornfield Ridge Road suggested that several residential properties which the DOT has acquired in the area on the north side of Berkshire Road for its planned roadway improvement project potentially be acquired by some entity for commercial redevelopment.

Karyn Holden of Berkshire Road pointed out that the presence of a drive-through window would attract traffic to Berkshire Road from I-84. A restaurant would attract much more traffic than the site’s current mulch operation, she said in opposing ICDD zoning.

Keith Alexander of Fawnwood Road cautioned that approving ICDD zoning could lead to yet more drive-throughs coming to Newtown.

Mr Solli said the type of development proposed by the applicant meets the terms of the 2014 Town Plan of Conservation and Development.

P&Z member Ben Toby said that if Exits 9, 10, and 11 all become commercially developed, the town’s character would suffer.

“I am really concerned about the aesthetics of Newtown,” said Ms Cox.

Barbara Gardecki of Walnut Tree Hill Road told P&Z members that Exits 14 and 15 of I-84 in Southbury already have many restaurants located near them. She then voiced her opposition to ICDD zoning to allow a drive-through near Exit 11.

Deliberations

Ms Manville said she does not believe a drive-through is acceptable for the Exit 11 area. Approving such a use would set a bad precedent for the town, she said.

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

Mr Meadows said that he has received positive comments about the new drive-through at Starbucks Coffee at Exit 10, and asked P&Z members what they thought about the matter. They responded that Exit 10 and Exit 11 are different types of places, noting that the Exit 10 area already was commercially developed when the drive-through was approved for that area.

Again, Mr Mitchell noted that the existing M-5 zoning for 32 Berkshire Road makes for plenty of commercial development potential at that site.

The P&Z then voted on creating ICDD zoning regulations, and rejected the proposal four-to-one. Mr Meadows, who did not attend the June 6 public hearing on ICDD zoning, listened to an audio recording of that meeting, thus making himself eligible to vote on June 20.