Thursday, May 13, 2010

Planning Principles Discussed, Nightclub on Main Street Approved

The guiding principles of Planning and Zoning documents were discussed at last night's meeting of the Planning and Zoning Commission, first directly, and then obliquely as they apply to Newfield Street zoning. Separately, the Commission approved plans for a nightclub at the location of the former Public nightclub.

Guiding Principles
The document "Guiding Principles for the Plan of Conservation and Development" was the subject of a Public Hearing. This drew to the podium two long-time watchers of land use planning in Middletown, Eleanor Kelsey and Jeff Pierce. Both complained bitterly that when they went to the Town Clerk's office, the "Guiding Principles" were not given to them, and that they were instead given other documents. Kelsey started to speak about the POCD in general, but was reminded by Chairman Quentin Phipps that this public hearing was solely about the guiding principles. Kelsey complained that because the Clerk's office did not have them, "I have no idea what the guiding principles are!" She stormed out of the Council Chambers in frustration. Pierce echoed her frustration in his comments to the Commission.

Assistant Director of Planning Michiel Wackers told the Commission that the guiding principles were filed in the legally correct manner, "I do know for a fact it was filed with the Town Clerk." The Commissioners unanimously approved the Guiding Principles.

[Comment: I have to admit that I was also somewhat befuddled in trying to find the document, (although admittedly I did not go to the Clerk's office to ask for help). The "Guiding Principles" were listed on the agenda, but the POCD has no section called "Guiding Principles", instead it has as Chapter 11 something called "Middletown's Planning Principles". The Planning Department might have spared some of the frustration and confusion expressed by Kelsey and Pierce if they had taken greater pains to be consistent in the titles. A second source of confusion arises from the Commission's approval of a new POCD in March (this was to avoid jeopardizing state funding). However, even though they approved the POCD, they also agreed to continue revising it. Thus, the Guiding Principles can be mistaken for the end point of a concluded process, instead of as the starting point of ongoing revisions.]

Newfield Street Zoning
Marco DiMauro and John Pappas proposed a zoning code text change to modify the NPC zone, which governs land use on Newfield Street. They wanted multi-family dwellings to be allowed, arguing that this use was consistent with existing uses on Newfield.
DiMauro said that he owned two adjacent parcels on Newfield and it had proven impossible to sell them for any commercial use. He indicated that the road would not handle the traffic generated by a business such as a box store, and that there was little else that he could do with his land, "I'm left as a landowner with the question, 'what do I do with this property?'".

Commissioner Catherine Johnson said that if multi-family housing was allowed in the NPC zone, it would be guided by the rest of the NPC zoning code which she said had numerous problems. Several commissioners impatiently suggested that Johnson limit her comments to the proposed text change, but Johnson said that without modification of the NPC guidelines, the proposed change would lead to a poor housing development.

The proposed text change to allow multi-family in NPC failed by a vote of 4 to 3.

Downtown Nightclub Approved
Frank Johnson applied to the Commission for permission to open a nightclub in the location of the failed and now closed Public nightclub. Attorney Ralph Wilson, representing Johnson, explained that Johnson needed a night club permit modification to continue the present non-conforming use. Johnson said the new nightclub will feature country music and karaoke contests, and that he would be replacing a downstairs lounge with a "game room" with billiards.

The Commission approved the application, with a few conditions, including that the sidewalks in front of the club be cleaned daily.

"I'm fed up with this s--t!"
Jeff Pierce, who owns over a hundred acres on the north ridge of Higby Mountain, returned to the podium during the final part of the meeting, to lambaste the Commission about open space designation, and about a hiking trail which he claimed was on his property illegally. He was particularly concerned about a trail guide booklet which was formerly sold in the Planning Office. He threatened, "I'll sue the city if the pamphlet showing the trail on my property is still sold."

Pierce was apparently incensed over the Higby Mountain trail which goes from Country Club Road near I91, south to Guida's on Route 66 in Middlefield. However, this trail is always on either city land or on land which has an easement for public access written into the deed. From Country Club Road, the trail starts on Massatom Road (a city road which is no longer maintained), and continues on land which the city bought from Wesleyan as open space. The trail connects with one starting on Higby Road, at the very beautiful Tynan Park.

Pierce also insisted that none of his land on Higby Mountain be designated as proposed open space (this designation allows city and state funds to be used to purchase land for preservation), "I better not see any mention of Higby Mountain in the Plan of Development."

After Mr. Pierce finished, the Commissioners decided to ask the city attorney if the city could designate private property as "proposed open space".

4 comments:

Anonymous said...

Having hiked the trail more times that I can count, I can tell you the trail does cross private property. This was not the case all the time. It seems that whoever is responsible for maintaining the trail chooses re-blaze the trail further into private property rather than keep the trail clean and tidy from fallen trees. That does not seem very environmentally friendly if you ask me.

Stephen H. Devoto said...

My point was that the Blue Trail is very carefully charted to stay on public land when that is possible, and if that is not possible, it crosses onto private land only with permission of the landowner and/or with a right-of-way easement for the public to cross the land. It is my understanding that the Higby Mountain Blue Trail is mapped to be always on either public land or a public easement.

However, Anonymous 10:50 may be right about the trail blazes, I confess I do not know exactly where property boundaries are in relation to the trail markers for this trail. Mr. Pierce's anger would be justified if the blazes are incorrectly located.

Anonymous said...

I believe the CFPA maintains the Blue Trail system through this area. Someone else can correct me, but I think the CFPA is responsible for blazing and keeping the trails. Sometimes the trail needs to be re-routed specifically for enviro reasons due to trail erosion.

Anonymous said...

No. They re-routed them due to down trees because the CFPA was too lazy to clear the trail or start a chain saw. So they re-routed the trail in some areas, using private land, without permission. Poor stewartship of the land if you ask me.