It’s been nearly a year since the blighted Country Village Shoppes received approval from the inland wetland commission, with the condition that the washed-out area at the southeast corner of the property be repaired as soon as possible before any other work starts on the property. Still, as of the August 1, 2024, Planning and Zoning Commission (PZC) meeting, the problem had not been fixed. Nor had the tens of thousands of dollars in blight fees levied on the property been paid.
After many appearances before the PZC and evolving plans, Kenneth Hrica, an engineer and licensed surveyor working for the property owner, Dunbeath LLC, finally presented a plan with all the details the commission required to gain approval. Still, the approval came with plenty of skepticism – and conditions – from the commission based on the property owner’s history.
In recent meetings, the main problem with the plans, which have undergone several significant changes, was the architectural plans, which did not conform to Stafford’s zoning regulations. This time, the architect’s plans (they are based out of Chicago and have never attended the meeting) finally hit the mark. PZC Chair Dave Palmberg called the architectural plans “much better than the previous two.”
The new plans, among other things, have adjusted rooflines and full landscape and lighting plans. The landscaping plans were of special concern to the commission. Palmberg expressed concern that the landscape would be installed and maintained, pointing out that Dollar General was required to plant trees in front of the store. The trees quickly died and were never replaced. He also pointed out that low shrubs would need to be weeded regularly to continue looking presentable.
“There are over 300 plants on these plans, and I’m fighting with the guy to get the lawn cut,” said Zoning Enforcement Officer (ZEO) Andy Marchese.
Hrica asked if the town could hold a bond on the landscaping. One of the final conditions of the approval was that the landscape architects provide the ZEO with an estimate of the cost of landscaping so the town could hold a three- to five-year bond. Essentially, it gives the landscaping three years to get established, and if anything dies, the bond will pay for replacement.
The lighting plan includes full cut-off LED lights that do not allow light to emit beyond the property. They were also dimmable after 9 p.m. The commission also briefly discussed the vehicle storage area and potential problems with abandoned cars and asked about the timing of the construction. Palmberg asked if the plan was now to do it all in one phase (as opposed to a previous proposal) and when they think construction might begin. Karl Nilsen, a former enforcement zoning officer, to help shepherd this project to approval, said he had heard talk about starting this year.
Palmberg also asked Nilsen about the blight fees, which are an ongoing issue. While the fines do not impact the site plan application before the commission, Nilsen said he communicated how upset the commission was with the state of the problem. He said the owner’s lawyers had put in a FOIA request for all the information related to the fines. However, Marchese said that no one had shown up to pay for the copies and get them.
Palmberg then said he sat out at the site in the pouring rain, watching the storm runoff and anything it brought with it wash everything directly into the fire pond because of the broken drainage pipes. He reiterated that fixing that problem ASAP was a condition of the inland wetlands approval and that the property owner had not taken any steps to address it. Hrica said that a separate plan had been developed to address this issue, but he had no explanation for why the work had not been started.
Commissioner Ron Houle asked if the PZC should table the matter until the issues were addressed. Palmberg said the commission could not do anything about the blight fees but could make fixing the drainage issue a condition of approval. In the end, the board requires the drainage to be fixed within 30 days of approval, or it will be considered null and void.
“Personally, I hope they sell it to someone else,” said Palmberg, indicating that a different landlord who would take care of the property would be preferable.
The commission was also concerned about what would happen if the buildings were knocked down, but construction did not begin immediately. So, they discussed erosion control measures as another condition of approval. They ultimately decided that erosion control would have to be in place before demolition begins and that stabilization of all disturbed sites would have to be in place if construction does not begin before October 15, 2024. (Stabilization would likely mean planting grass in this case.)
Ultimately, the site plan was approved with the following conditions:
The multiple lots are to be consolidated into one, and the deed needs to be filed with the ZEO
The sidewalk easement must also be filed with ZEO
A set of full mylar plans must be signed off on by the commission and filed with the town
Materials used on the east ends of the buildings (where they can be seen from Route 190) should use FW20 to create a vertical visual break or column (the plans presented the commission with several material options for this)
Columns must also be added to the rear building’s east end
Landscape must be bonded for three to five years
Emergency drainage repair must be completed within 30 days
Erosion control must be in place before demolition, and the site must be stabilized by October 15, 2024
The exterior colors should be as presented on the plans
No auto repair or other businesses can be conducted by storage tenants
The area must be fenced during construction
Assuming these conditions are met, this saga may finally be coming to an end.
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