Planning Board Approves McDonald’s, But With Potentially Fatal Amendment

Developers of a McDonald’s on New London Turnpike came away unhappy after the Planning Board voted Wednesday night to approve their application, but with an amendment that could force them to return to the Planning Board years hence.

“We didn’t get the approval we wanted,” said Rhona McFarlane, area construction manager for McDonald’s USA, after the vote. She was referring to the amendment, which would require McDonald’s to return to the Planning Board for approval of a left-hand turn lane should they lose a Department of Transportation easement.

The amendment hinges on the DOT’s plan to build a new onramp to 95 that would alter access to the McDonalds. While it has been on the DOT docket for years, the onramp change is not scheduled to take place anytime soon. Still, if it did come to pass, it would require the elimination of the McDonald’s main entrance and exit. Because of that, DOT required the developer to include an alternate entrance and exit onto New London Turnpike that would allow for left-hand turns from the restaurant onto the turnpike in the event of the new ramp.

Some on the Planning Board were concerned about signing off on a left-hand turn that might not take place for several years, citing the possibility of traffic and other changes over that period.

After much discussion, board members voted 3-2 to amend the motion on McDonald’s final approval to require that it return to the board for left-turn approval. They then voted 5-0 granting the project final approval.

That approval, however, wasn’t enough for property owner FKL New London. “If the easement does get terminated, then it renders the property useless,” said Todd Amaral with FKL New London. He was referring to the DOT easement that would be terminated if a new 95 ramp is constructed.

"If you eliminate the easement and then you don't have any other access but for the approval of this board and they deny it, what do you do with this building and all the equipment?" he said. "It's not in the interest of economic development."

“Our lease is dependent on getting certain approvals,” said McDonald’s McFarland, indicating that McDonald’s could walk away from the project.

That same amendment signaled a victory for owners of the Wendy’s restaurant across the street from the proposed McDonald’s.

Prior to the vote, their lawyer, Robert Wieck, raised the issue of traffic on New London Turnpike and questioned whether or not the board really understood what it had done last week when it granted the McDonald’s developers preliminary approval.

“My own clients face a real decrease in value if you have people coming out of there creating accidents and that entire intersection is avoided because it’s so dangerous,” he argued, referring to what he said would be a very dangerous left turn.

His badgering approach raised the hackles of some on the Planning Board.

“I’m getting concerned with your approach with this board,” said Board Chairman Brad Bishop. “I would really appreciate a little bit more civility.”

In the end, however, Wieck's hammering of the danger of a left-hand turn lane from the proposed McDonald's appeared to have at least given some members pause.

After the meeting, Town Planner Lisa Bourbonnais said the applicant could appeal the amendment.