DERBY – Members of the city’s planning and zoning commission voted 6-0 to reject a zone text change that could have allowed bed and breakfasts to operate in a residential zone.
The zone text change request was made by Johnnie Hudson, who owns a single-family house at 80 Stelmack Road, off Route 34 in east Derby. She had plans to open a bed and breakfast at the property.
However, bed and breakfasts are not allowed in the “R-3” residential zone. So Hudson, through land use attorney Dominick Thomas, submitted an application asking that “bed and breakfast” be added as a special exception use in the zone.
Had the members of the commission said “yes,” Hudson would have been able to submit a separate application for the bed and breakfast.
However, the proposed zone text change was opposed by several neighbors and city officials during a public hearing Jan. 20.
The zone text change, had it been approved, would have applied to all houses in Derby’s R-3 zone, not just 80 Stelmack Road.
Residents who spoke said they did not want to see residential properties be converted into businesses, particularly in the small Stelmack Road area. The neighborhood is small and rather self-contained.
“I know my neighbors’ names. I see them all the time. They just can’t understand why you would want to do this,” Homestead Avenue resident Kelly DiCenso said.
“I’m not happy with the whole situation and I don’t think anything should be changed,” said Jo Ann Nero, a 48-year resident of Homestead Avenue.
Alderwoman Sarah Widomski spoke against the zone text change, as did John Street resident Karen Kemmesies. They urged for the protection of Derby residential zones.
“We do not want businesses in our residential neighborhoods,” Kemmesies said.
Thomas, the lawyer representing the applicant, said bed and breakfasts are already allowed with conditions in two other residential zones in Derby. He said by allowing the use through a special exception application, the city could decide where bed and breakfasts could or could not go on a case by case basis.
He also pointed out that he submitted paperwork to the city in November, but didn’t hear concerns from the city until the public hearing was underway. He offered to work with city staff on zoning regs.
David Kopjanski, a member of the Derby Planning and Zoning Commission and the city’s former building official, said in order to consider bed and breakfasts the city first needs to come up with regulations on how they operate. He said other towns have specific rules regarding bed and breakfasts.
Kopjanski also questioned the wisdom of changing the rules in the R-3 zone.
“The R-3 zone is our flagship single-family residential zone,” Kopjanski said. “Most of the hilltop in Derby is in the R-3 zone. Your proposal would open up all of those R-3 properties to convert to bed and breakfasts, and I don’t think residents there would enjoy that.”
Thomas pointed out that some non-residential uses are already allowed in the R-3 zone with conditions, such as houses of worship, home offices, and daycares.
Commission member Paul Dinice said the uses mentioned by Thomas are uses that support neighborhoods. He said he had not heard during the meeting how a bed and breakfast would benefit the community.
One neighbor, Christiana Manchester, supported the zone text change and said that a bed and breakfast could be good for Derby.
She called Hudson a respectful neighbor with a beautiful home and property. She also pointed out there is lots of room between houses on the road.
“I know it’s not common for someone to come to Derby and stay in a bed and breakfast, but this could be the start of something,” she said.
The house at 80 Stelmack Road has four bedrooms and was built on two acres in 2020.