
A screen shot from the meeting video. Actual video inside/underneath this photo.
The Derby Planning and Zoning Commission’s decision to green light a renovation plan for a chunk of The Hops Co.‘s property off Sodom Lane could be heading to court.
Charles J. Willinger, Jr., of Willinger, Willinger & Bucci, said he planned to file an appeal of the decision in Superior Court. Willinger made his comments shortly after the March 26 commission meeting.
An appeal is due by about April 19. No paperwork was filed as of Tuesday.
Willinger represents Joe Jalowiec, a Derby native who owns several properties in the neighborhood.
The Hops Co. is a grandfathered commercial use in a residential zone — a “pre-existing nonconforming use.” Those types of uses cannot expand, such as by adding parking.
Willinger and Jalowiec say the business never should have been allowed to open in the first place because the nature of the business — a beer garden that’s become one of the most popular in the region — is much different than Grassy Hill Lodge, the property’s previous business. The owner disagrees.
Neighbors have testified at several meetings for about two years complaining that Hops Co. patrons clog the surrounding residential streets. The business is an unlawful and annoying encroachment on a residential zone, neighbors have said.
But The Hops Co., through Derby-based land use lawyer Dominick Thomas, said a petition shows that a silent majority of Derby neighbors support the business and are not complaining about parking and other spillover impacts from the popular place. Thomas said the place is hopping, but a successful business is not an expansion of a grandfathered use.
The “site plan modification” approved by the commission concerns the rear of the property, which is used for outdoor events such as weddings. The approval allows the business to do extensive renovations, including moving a small building, reconstructing a kitchen, and relocating two concession stands, according to the motion approved by the commission.
The commission’s approval runs completely afoul of the rules governing grandfathered uses, Willinger said
Willinger said the plan approved by the commission allows for a storage area to be converted into an event hall.
“We believe that violates Connecticut law,” Willinger said.
The land use lawyer also had issues with the process followed by the commission. Willinger said the Hops Co. was permitted to submit paperwork March 26 that had previously not been seen by the public.
“Last night (referring to the March 26 meeting) the developer submitted new plans and exhibits, and had a full presentation which could not be rebutted,” Willinger said.
Thomas has disagreed every point raised by Willinger during months of planning and zoning meetings.
The renovations at Hops will not enable to bring in more people, Thomas said. Instead, it allows the business to modernize, be more efficient, and remain competitive.
The commission approved the Hops Co.‘s site plan modification by a 4 – 2 vote.
Albert Misiewicz and Raymond Sadlik voted against the proposal. Glenn Stevens, Raul Sanchez, Cynthia Knopick, and chairman Ted Estwan voted yes. Steven Jalowiec and new member David Kopjanski recused themselves and did not participate in the discussions.
Members, who have been wrestling with The Hops Co. issues at various meetings for more than a year, said the decision was neither easy nor simple.
On social media, such as on The Valley Indy’s Facebook page, members of the general public look at the issue as a no-brainer: Derby, a struggling city, should bend over backward to help a wildly successful business.
But officials have said that view doesn’t necessarily take into account local zoning rules, the rights of homeowners nearby, and the intricacies of grandfathered business uses.
Misiewicz said the plan was an obvious expansion of a nonconforming use and therefore could not be permitted.
Sanchez said the issue was so difficult he considered resigning from the commission.
The renovation plan does not include additional parking — the primary problem neighbors have with the business. Hops can’t simply add parking, because that would be a clear expansion of a grandfathered use, all sides have said.
The commission has been researching the use of “planned development zones” to deal with complicated properties such as The Hops Co.
The March 26 meeting was carried live on Valley Indy Facebook, where is was seen by about 1,400 people.