P&Z Approves Berkshire Plaza For South Main Street

By Andrew Gorosko

After lengthy review, Planning and Zoning Commission (P&Z) members have approved the construction of the controversial Berkshire Plaza, a 14,580-square-foot commercial building planned for 146-148 South Main Street (Route 25).

Developer Monaco Properties of New Haven plans 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 structure, which is to be built on a slope, would contain retail space on a lower level and office space on an upper level. The building might house up to eight retail spaces and up to four office suites. About two-thirds of the space would be reserved for retail uses, with the remainder used for offices.

At its November 2 session, the P&Z placed several conditions on the Berkshire Plaza approval.

The P&Z placed limits on the size of a commercial sign at the site. It also prohibited signs there from being internally illuminated. Also, all lighting on the site must meet the “Dark Sky” illumination standards, which restrict illumination from projecting off the site and onto other properties.

If the developer wants to locate a restaurant at Berkshire Plaza, it must receive prior approval from the P&Z to do so.

P&Z members decided that the Berkshire Plaza application is consistent with the standards and criteria that must be met to receive a special permit in a B-2 Business zone.

The Berkshire Plaza application drew strong opposition from an adjacent South Main Street commercial property owner at recent P&Z hearings.   

Christian H. Qualey, Jr, raised many technical issues about the retail/office project, charging that it is deficient in its design.

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.

The state Department of Transportation (DOT) is requiring that Monaco cover the costs to widen South Main Street 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 the Berkshire Plaza project. 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.