After lengthy discussion at a November 19 session, Planning and Zoning Commission (P&Z) members unanimously approved zoning regulations that create an Exit 10 Commercial Design District (CDD) overlay zone along sections of Church Hill Road, Edmond Road, and Commerce Road, near the Exit 10 interchange of Interstate 84.

Among other land uses, the zoning regulations would allow an applicant to seek P&Z approval for a new restaurant which has drive-through window service, provided that the commercial project’s design meets a range of requirements specified by the CDD zoning regulations. The affected area currently has B-2 (Business) and M-4 (Industrial) zoning.

Voting in favor of creating CDD zoning regulations were P&Z Chairman Robert Mulholland, Michael Porco, Sr, Jim  Swift, Frank Corigliano, and Rudolph Pozek. P&Z Member Don Mitchell recused himself because he lives near the area affected by the regulatory changes.  

Solli Engineering, LLC, of Monroe, representing Philip Clark of Claris Construction Inc of Newtown, proposed creating CDD zoning regulations.

Typically, town land use officials formulate regulations for proposed overlay zones. Other local overlay zones are the Sandy Hook Design District (SHDD) in Sandy Hook Center, the Hawleyville Center Design District (HCDD) in Hawleyville Center, and the South Main Village Design District (SMVDD) along South Main Street. Such design districts typically allow more flexibility in project design than is allowed by the underlying zone.

The P&Z had conducted several public hearings on the Exit 10 design district proposal, fielding positive and negative comments from the public on the wisdom of allowing drive-through window service in the CDD zone.

Allowing drive-through window service for restaurants has long been a sensitive topic among local land use agencies. Although banks and pharmacies are allowed to have drive-through window service, restaurants have not been allowed to have such facilities. Botsford Drive-In, at 282 South Main Street, has drive-through window service because that use existed there before local zoning took effect in 1958.

Engineer Kevin Solli has told P&Z members that #73 and #75 Church Hill Road could be combined to create a lot that would meet the CDD requirements for a restaurant having drive-through window service.

Also, some industrially-zoned land located on the west side of Edmond Road potentially could be subdivided to create a lot that would meet the CDD zoning requirements for a restaurant with drive-through service.

At a public hearing on the CDD zoning proposal earlier this month, Mr Solli presented P&Z members with of letters of support from people favoring drive-through service. Those favoring such facilities listed convenience, an increased tax base, and easy access from I-84 as primary reasons for their support.

“I think there is general support for this use in the right spot,” Mr Solli said.

At that hearing, Lincoln Sander of 211 Walnut Tree Hill Road told P&Z members that that allowing a restaurant with drive-through service at Church Hill Road would result in traffic problems in an already congested  area. Such a use would result in more traffic and more litter, he said in urging that drive-through window service for fast food not be allowed.

Several residents then spoke in favor of allowing drive-through window service in the then-proposed CDD zone, citing convenience, economic development, and the suitability of the location as their reasons for supporting it.

Mr Solli has said the relatively small maximum size of a restaurant with drive-through service that would be allowed by the CDD zoning rules would result in businesses specializing in coffee sales locating there. Such restaurants would be limited to 2,500 square feet in floor area by the regulations.

If a retail complex including a restaurant with drive-through window service were to be built at 73-75 Church Hill Road, that development would occur in an area with some major road changes.

In April 2017, the state Department of Transportation (DOT) plans to start construction on a $4 million project to create a signalized four-way intersection of Church Hill Road, Commerce Road, and Edmond Road. That would be accomplished by shifting the southern end of Edmond Road westward to form a four-way junction of those three roads.

That section of Church Hill Road now has the highest local motor vehicle accident rate, including many rear-end collisions and numerous accidents caused by turning-vehicle conflicts.

The intersection reconfiguration project had been planned to start in April 2016, but has been delayed until 2017.

The Decision

At the November 19 P&Z session, P&Z members discussed at length the specifics of the wording in a motion to create an Exit 10 Commercial Design District.

George Benson, town director of planning, said that in order to construct a retail building that includes a restaurant with drive-through window service at 75-77 Church Hill Road, the intersection reconfiguration project would need to occur.

Also, a brook in that area would need to be rerouted by the state as part of that road project, he said.

Allowing drive-through restaurant service would serve a need in that commercial area, Mr Benson said.

Mr Consiglio pointed out that some wording in the then-proposed CDD rules was unclear, resulting in P&Z members then revising that language to make it more specific.

Members then voted on the proposed Exit 10 CDD overlay zone, approving it unanimously.