Adjacent Property Owner Raises Issues About Berkshire Plaza

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 urging the Planning and Zoning Commission (P&Z) to carefully review the plans for Berkshire Plaza, a planned 15,000-square-foot complex that would include stores and office space.

Developer Monaco Properties, LLC, of New Haven is proposing the construction of Berkshire Plaza at 146-148 South Main Street on a steep 2.35-acre site on the west side of the 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.

Attorney Bernie Pellegrino of New Haven, representing applicant David Monaco, told P&Z members at an October 5 public hearing that the applicant has received zoning variances from the Zoning Board of Appeals (ZBA) for the project in view of zoning rule changes that occurred since an earlier version of the project gained P&Z approval in 1989.

Gian-Santa Associates received town approvals in 1989 and 1992 to commercially develop the property 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 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.

Engineer Mark Lancor, representing Monaco, said the Berkshire Plaza plans now pending before the P&Z are essentially the same plans that the P&Z had approved in October 2005.

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 had been 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 Phone Forum, LLC, and South Main Pizza.

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

On October 5, Mr Qualey questioned many aspects of the Berkshire Plaza proposal.

Mr Qualey questioned whether the design plans meet various technical requirements for such commercial development. Mr Qualey stressed he has had insufficient time to review the design plans. He charged that the developer has made significant changes to the previous plans.

Mr Qualey raised questions about the traffic, septic waste disposal, and stormwater control aspects of the Berkshire Plaza project.

The presence of Berkshire Plaza would create traffic problems in the area and adversely affect people who use his commercial property at 150 South Main Street, Mr Qualey said.

“I don’t want somebody dead in the middle of the road…People are going to get killed out there, coming out of my driveway,”  Mr Qualey said of the prospect of traffic accidents.

In response to Mr Qualey’s criticisms, Mr Lancor asserted that the presence of Mr Qualey’s property would be detrimental to the proposed Berkshire Plaza. Mr Lancor also refuted Mr Qualey’s contention that Berkshire Plaza would adversely affect the Qualey property.

Mr Lancor said that the pending application is a better application than the one that was approved by the P&Z in October 2005. The applicant has state health department approval for the project’s septic system design, he said.

Mr Lancor charged that Mr Qualey has had sufficient time to review the plans for Berkshire Plaza, adding that Mr Qualey’s criticism amounts to a “delaying tactic.”

In view of Mr Qualey’s comments, P&Z Chairman William O’Neil said the public hearing on Berkshire Plaza would resume on October 19 to provide Mr Qualey with more time to review the plans.

Also, Mr O’Neil asked that the applicant submit the latest architectural plans for the project to the town’s Design Advisory Board (DAB) for review and comment.