GOOGLE MAP
The Hops Co. sits between a heavily commercial area and a heavily residential area.
Derby residents came to a meeting Tuesday night with a simple message — we want businesses to thrive, but not at the expense of our neighborhood.
The neighbors were from Harold Avenue, Albert Avenue, and Marshall Lane, some of the streets near The Hops Co., a beer garden at 77 Sodom Lane that has become a runaway success.
Their complaints come as The Hops Co. starts down a complicated zoning path that could ultimately result in expanding one of the buildings on the property and the removal of several structures on the property that are not being used. In addition, there are plans to redesign and expand the parking, along with site work that would address drainage issues on the property.
The specifics on the changes are not on the record nor detailed yet because the business has not submitted a site plan to the Derby Planning and Zoning Commission for review.
Instead, the company, through attorney Dominick Thomas, is asking the commission to create a “Derby Development District” for the property, a sort of “contract zoning” that would allow the property owner and the commission to come up with a set of rules and regulations that would address specific hurdles and problems at 77 Sodom Lane.
“Development districts” are often used by developers and planners in Shelton, Thomas said, putting the number of projects there that have used the method at 91.
The Hops Co. is in something of a tough spot to make changes because it is a pre-existing nonconforming use — meaning it cannot expand. It was formerly The Grassy Hill Lodge, primarily a wedding venue and catering hall.
Traditionally, nonconforming uses are “grandfathered;” that is, if they were proposed today, would not be allowed.
Hence the “development district” approach, which, if first approved by the Derby commissioners, would be followed by a property-specific site plan — a process that would more directly address the complaints being lodged by neighbors and also be voted yay or nay by the commission.
The Derby Planning and Zoning commission is also in a tough spot, because its members have to balance the voices of neighbors with that of a business that has been successful in an economically distressed city.
The Hops Co. has 3.5 stars from the notoriously tough reviewers on Yelp, where it is described it as a spacious, appealing place with great food. The Google reviews are overwhelmingly positive. It was named best outdoor bar in the state by Connecticut Magazine and is part of a craft beer renaissance in Derby that includes The Dew Drop Inn, Bad Sons Beer Co. and Sherman’s Taphouse.
But the neighbors say they’re in the toughest spot of all.
Three neighbors told The Valley Indy that patrons used the narrow residential streets for parking. Late Friday and Saturday nights were especially bad, with alcohol-fueled patrons leaving behind garbage and making noise as they get back into their cars. Neighbors worried whether emergency vehicles could get down the street, since the patrons were parking on both sides.
The City of Derby acknowledged the problem by putting up temporary ‘no parking’ signs on the street. Those are annoying, too, neighbors said, because the soaked signs fall to the ground when it rains.
Albert Avenue resident Boguslawa Tomczak said she received a parking ticket — for parking outside the house she’s owned since 1997.
Residents in the area, at least those who showed up for a public hearing Tuesday, also said they’re feeling put upon. Marshall Lane Manor was redeveloped into a dormitory for students attending private school, an unusual use for the area. The nearby former Walmart shopping center is being redeveloped, with a Big Y supermarket as the new anchor.
It’s a lot to handle, and several residents worried about the cumulative impact of all these changes on a neighborhood not meant to handle things such as pedestrian traffic — there are no lights or sidewalks, and all the new uses will result in more cars and more people walking on the streets after dark.
“Something is bound to happen,” said Marshall Lane resident Daniel Cortigiano.
“Development districts,” Thomas said, could help the city deal with tough properties, including properties with old nonconforming uses and properties that border housing.
“Development districts” could be applied to the city’s downtown redevelopment zone on the south side of Main Street along the Housatonic River, he said.
Or perhaps the concept could help the city deal with Birmingham Health Center, a nursing home on Chatfield Street in west Derby that recently closed its doors.
Thomas said “development districts” would give the commission more say over what happens on a specific property — without allowing the same use to happen on other places in the same zone. The criteria to qualify for the designation would be specific.
He pointed out Chick-fil‑A wants to open in Shelton on Bridgeport Avenue. The commissioners there told the mega-chain to change the restaurant’s exterior design because, basically, they thought it was ugly. That’s the type of control a development district can provide, Thomas said.
But Derby resident Karen Kemmesies worried about allowing non-residential uses to encroach on residential zones. It’s happened on Park Avenue in west Derby, where one side of the street is zoned industrial and the other is residential.
Non-residential uses on Park Avenue have been crossing the street, pushing into the residential zone, whether acknowledged by the city or not.
Derby resident Tom Lionetti urged the commissioners to follow the wishes of the neighbors who took the time to express their concerns. They’re the ones most affected, he said.
Lionetti said it seems like the commissioners already have their minds made up, and questioned whether the public hearings are a waste of time. He pointed out the commission allowed the former nursing home at Marshall Lane Manor to be converted into a dormitory despite vocal opposition at public hearings.
“Why have a public hearing?” Lionetti asked.
Ted Estwan, chairman of the Derby Planning and Zoning Commission, took exception to Lionetti’s comment.
The commission — a collection of appointed volunteers — are there to listen. Estwan urged the public to keep attending meetings and to make their voices heard.
Neighbors in this case are taking an additional step — bringing in a lawyer.
Charles Willinger said Tuesday he represents more than 20 neighbors who are opposed to what the Hops Co. is trying to do. He said they have valid reasons, including the fact that residential zones are not meant to foster economic development.
But Willinger also said that neighbors are willing to compromise. He and Thomas have been in discussions about their differences for weeks, and a compromise of some sort could be hammered out within the next two weeks.
To that end, the public hearing for the “development district” was continued until Tuesday, Oct. 2.
In a statement Wednesday afternoon, Andrew Baklik, Mayor Rich Dziekan’s chief of staff, said the mayor’s office hopes a compromise can be reached.
“I can say that the administration is hopeful that there will be a compromise reached that will be beneficial not only to the Hops, but also to the neighborhood as a whole,” Baklik said.
THC Zone Text Change Application 7.26.18 by The Valley Indy on Scribd
