A less ambitious retail zone designed for the intersection of Route 35 and Route 7 seems unlikely to face the level of opposition that derailed the controversial Gateway Zone.
A public hearing on the Planning and Zoning Commission’s new proposed Neighborhood Business Zone at routes 35 and 7 is scheduled for next Tuesday, March 8, at 7:30 in the Town Hall Annex at 66 Prospect Street, by the Yanity gym.
Approved for a much larger area along Route 7 in 2013, the Gateway Zone was challenged by a citizens’ group and thrown out by a judge.
“This is a neighborhood node, rather than a strip development which they originally proposed, which I am adamantly opposed to,” said Helen Dimos, one of the organizers of Citizens for Responsible Planning, the group that opposed the Gateway Zone in court.
“This is a juncture of two major roads, 35 and 7, and because there are already so many retail uses there, I think it’s reasonable,” she said.
The newly proposed Neighborhood Business Zone would govern six properties totaling a little more than five acres right around the intersection of 7 and 35. The previous Gateway Zone affected some 35 properties and an area of 57 acres along Route 7, both north and south of intersection of Route 35.
“The previous zone was against all modern zoning precepts, creating a strip zone all along the highway, which was horrendous,” Dimos said.
In a ruling handed down March 18, 2015, Connecticut Superior Court Judge Marshall K. Berger Jr. voided the Gateway Zone — allowing retail uses, and adopted on a 5-4 commission vote — after deciding the legal notice for the public hearing on the proposal was inadequate.
With the judge’s decision, the properties in the Gateway Zone reverted to their previous status, mostly the town’s B-2 business zone, which allows a variety of business uses but not retail stores.
Town Planner Betty Brosius said the new Neighborhood Business Zone would hold down the size of new retail uses — addressing a widespread concern that the town doesn’t want the “big box” type stores.
“The proposed new zone allows retail use where the existing B-2 zone does not, but the size of the retail use is limited to 2,500 square feet. The existing retail uses in this proposed zone (and there are at least five) are generally smaller than that,” Brosius said.
The proposal is designed to establish reasonable grounds for commission control of future development.
“The new zone is intended to bring these properties into conformance with the zoning regulations, to permit small-scale retail uses, to permit apartments over businesses, and to ensure that future changes to these properties will fall under the review of the Planning and Zoning Commission,” Brosius said.
“Design standards for development have been included, as well as regulations that promote inter-connection of parking lots, reduced road cuts, and improved walkability between buildings.”
The area of the proposed Neighborhood Business District (NBZ) includes the Valero gas station at 603 Danbury Road on the west side of Route 7, and extends south on land lying between Route 7 and Route 35 from Patio.com at the point down to John’s Best Pizza at 955 Ethan Allen Highway on Route 7, and south on Route 35 to 590 Danbury Road — the brown commercial building that includes Bring and Buy.
Approximately 42% of the current uses are either pre-existing and legally non-conforming, permitted by variance, or illegal, according to Brosius.
The new zone would allow “existing uses, typical neighborhood uses (goods and services), apartments over businesses, and limited retail uses,” while establishing “design standards” to guide new development in the area, encouraging sidewalks and limiting additional driveway cuts.
Brosius said the proposal reflects the goals of the “Route 7 corridor” in the town’s Plan of Conservation and Development:
“Business zones along the Route 7 corridor generally reflect the Town’s desire to avoid strip-style commercial development and large retail developments. The current zoning does not, however, reflect the reality that there are some pre-existing retail uses,” the plan says.
“Questions have been raised as to whether business development opportunities in this area are too limited by the restriction on retail use. Two points emerged from public input: (1) this area needs renewed attention to evaluate existing zoning, and (2) the Town should continue to prohibit large ‘big-box’ retailers due to limited infrastructure.”
Planning and Zoning Commission Chairwoman Rebecca Mucchetti said the proposed zoning change reflects the history of the area.
“That area of town used to include retail. Zoning allowed it and we changed our regulations, I think in the early 70s,” she said.
“There’s a lot of non-conformity in that corner. A lot of the retail is by variance, some of it’s grandfathered. One of the things the Gateway would have done, had the appeal not been successful, it would have taken care of the non-conformity. …
“Many of the property owners on Route 7 kept coming to us and saying, ‘Can you help us out?’ That was genesis of the Gateway.”
Gerald Roche, the owner of 580 Danbury Road, the largest property in the proposed new zone, is supportive of the commission’s proposal.
“I think it’s great,” he said. “I already have mixed uses there. I have two or three non-conforming retail spaces there, so it’s going to make me conforming.”
As non-conforming uses that are grandfathered, he can maintain retail spaces by continuing to use them in retail, but if another tenant moves in — offices, or a restaurant — the right to retail is lost. “I hope it goes through,” he said, “because, quite frankly, whenever I lose a retail tenant I can’t give to anybody else but a retail tenant.
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