For your viewing pleasure, here's a copy of the Planning Department's letter of denial to the Dunkin Donuts proposal and another set back to Eduardo Batista's dream.
SP 06-26 Dunkin Donuts Springside Avenue and Osborne Street
CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810
PLANNING & ZONING DEPARTMENT (203) 797-4525 (203) 797-4586 (FAX)
February 27,2007
Dainius Virbickas Artel Engineering 304 Federal Road Brookfield, CT 06804
Re: Dunkin' Donuts, Springside Avenue and Osborne Street-SP 06-26 (Assessor's Lot # J12221)
Dear Mr. Virbickas:
The City of Danbury Department of Planning and Zoning received an Application for Site Plan Approval on December 26, 2006 to construct a Dunkin' Donuts facility with a drive-through window to be located at the northeast comer of Osborne Street and Springside Avenue. The lot area is approximately 22,409 sq. ft. and the property is zoned CG-20. Additional site improvements include an exterior order board, drive-through lane and pick-up window, parking lot, landscaping, drainage system, and roadway improvements.
The following maps and documents were submitted for review.
1. Maps under the general title "Dunkin' Donuts, Osborne Street, City of Danbury, Fairfield County, Connecticut", prepared by Artel Engineering Group, LLC: A. Subtitled 'Cover Sheet', dated 11128/06; B. Subtitled 'Site Plan', dated 11/28/06; C. Subtitled 'Grading and Utility Plan', dated 11128/06; D. Subtitled 'Landscape and Lighting Plan', dated 11/28/06; E. Subtitled 'Sediment & Erosion Control Plan', dated 11128/06; F. Subtitled 'Site Details 1', dated 11/28/06; G. Subtitled 'Site Details II', dated 11/28/06; H. Subtitled 'Existing Drainage Shed', dated 10/13/05 and I. Subtitled 'Proposed Drainage Shed', dated 10/13/05.
2. Survey titled "Improvement Location Survey, Showing Property of Bruce J. Daab, property situated at Osborne Street and Springside Avenue", prepared by Surveying Associates, P.c., dated November 18,2005. 3. Site Engineering Report, Prepared for Dunkin' Donuts, Osborne Street and Springs ide A venue, Danbury, Connecticut, Prepared by Artel Engineering Group, LLC, dated November 2006.
The Application states that the total square footage of the proposed building is 896 square feet generating 495 average daily trips per day, plus a 500 square foot freezer which, you maintain, should be considered as storage generating 2.5 trips per day.
However, average daily trips generated by a fast food restaurant is given as 553 trips per day per 1,000 gross square feet (see ~ 10.D.8.b.(2)). The Zoning Regulations define gross floor area as
the sum of the areas of the several floors of a building, as measured from the interior faces of exterior walls, including all areas used for human occupancy, elevator shafts and stairwells at each story, interior balconies, and mezzanines, but excluding open porches or outside balconies, and any floor space intended or designed for the parking of motor vehicles or for heating and ventilating equipment. [see • 2.B.]
Based on said definition, the freezer must be included in the total gross floor area of the proposed use and used for calculating average daily trips at the rate proscribed for fast food restaurants. Storage is not excluded in the definition of "gross floor area" nor can it be calculated at a separate rate.
Consequently, the total trip generation for the proposed Dunkin' Donuts facility is based on a 1,396 square foot building (896 sq. ft. plus 500 sq. ft.). The total trip generation is 772 trips per day. The Zoning Regulations require that all proposed uses generating over 500 trips per day are designated as special exceptions [~3.E.2.] and subject to all requirements thereof, including review and action by the Planning Commission, not the Department alone.
As a result of these findings, the site plan application for said use located at the corner of Springside Avenue and Osborne Street (Assessor's Lot # Jl2221) is denied. It may be submitted to the Planning Commission for special exception/site plan review and action.
Sincerely, JennIfer L. Emminger, AICP Associate Planner
cc: Robin Edwards, Assistant Corporation Counsel Sean Hearty, Zoning Enforcement Officer George Gleason, Permit Center Farid Khouri, Engineering Department Abdul Mohammed, Traffic Engineer Alan Baker, Chief, Danbury Police Dept. Barry Rickert, Fire Marshal Leo Null, Building Department Fran Louie, Highway Department
Now, this fight is not over...they just re-submitted the application without the freezer. WHEN DOES NO MEAN NO!
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On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.
Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.
Plaintiffs request declaratory relief, damages and attorneys fees.
For your viewing pleasure, here's a copy of the Planning Department's letter of denial to the Dunkin Donuts proposal and another set back to Eduardo Batista's dream.
On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
