OXFORD — Planning and Zoning Commissioners expressed serious reservations about a proposed Dunkin’ Donuts during a Public Hearing for a special exception at their meeting on Tuesday, November 16.

The concerns were not over the restaurant itself or over the location, but over the design of the parking area and drive-through window queue space at 60 Oxford Rd.

A representative for the applicant explained that in order to obtain approval from the town’s Conservation Commission/Inland Wetlands Agency, the applicant had to reduce the amount of impervious surface, so removed the front projection of the building, moved the driveway over a little and reduced the number of parking spaces.

That left the proposal with a 14-car queue line and 24 spaces overall, three short of the minimum number required by zoning regulations.

Commissioners noted that the regulations required 27 spaces and said are not allowed to reduce the required number of spaces. The application may require a variance from the town’s Zoning Board of Appeals if the plan stays as is.

There was some discussion about the regulation and how it applies in this instance, and if the queue area needs to be as large as it is.

Commissioners agreed to extend the hearing to December 7 in order to consider hiring a consultant to review the application.

A Public Hearing on an application by The Residences at Quarry Walk LLC for a re-subdivision was opened and closed, with commissioners later approving the application.

Representatives explained the re-subdivision was required for financing and would not impact the project.

Commissioners finished up the evening with a show cause hearing for a violation at 36 - 40 Hunter’s Mountain Rd. A Notice of Violation Cease and Desist Order had been issued to owner Kimp Properties of Naugatuck on Wednesday, November 3.

In the notice, Zoning Enforcement Official Steven Macary wrote that the town had “recently became aware that excavating was taking place at the above-mentioned property. Upon investigation, it was determined that the activity took place and several deficiencies and violations were identified and noted.”

No permit for the activity was located. An application for a permit and an A-2 survey are required.

During the show cause hearing, Mr. Macary said it was the worst case he had seen in more than 30 years. The property had been almost entirely clear-cut in an area of wetlands and sloping grades.

Mr. Kimp said he had been trying to determine how best to develop the land into two or more lots. A family member had specifically wanted to build in the back area of the property and he had to clear a path to get equipment down into that back area in order to dig test holes for a septic system.

He said the company doing the test holes initially came with smaller equipment, then returned with larger equipment when that did not work. It was difficult to get back into the area where they hoped to locate a home and that required some cutting, both to get the large equipment in and then later to get it back out.

At this point, it appears the state Department of Energy and Environmental Protection is also involved. The property owner will have to devise a plan to remediate the area and stabilize the site.

The show cause hearing was left open to await further input on how the violation will be addressed.

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