Bed and Breakfast approval at Planning and Zoning

Planning and Zoning efficiently took care of business at their meeting on Wednesday evening, approving most of the applications before them, without any fireworks or controversy.

Bed and Breakfast
Two proposals related to the operation of Bed and Breakfast establishments in Middletown. The first was a Zoning Code text amendment to allow Bed & Breakfasts by special exception in all zones. The original language in the proposed regulation restricted this to "historic homes", but during their discussion, Commissioners agreed to open it up to newer houses, provided that they are large houses on substantial lots. The Commissioners also amended the language to allow only two adults to stay in each room of a Bed & Breakfast. All of the commissioners seemed favorably inclined towards the amendment, but the vote was postponed until the next meeting, in order for Planning Department staff to write out the final language.

The Commission granted a Special Exception, under previously approved regulations, for a proposed Bed and Breakfast located in the James Plumb house, which is on the Middletown Historic Properties list, at the intersection of Westfield and East Streets. Lori Montazella, the applicant (at right), assured the commissioners that the semi-circular driveway would accommodate the required number of cars, and allow them to avoid backing out onto Westfield Street. Planner Bill Warner pointed out that the house was permitted to be a two-family residence, and that the Bed and Breakfast use would certainly generate less traffic and other problems than if it reverted to a two family use.

14 lots with restrictions.
A decision on the Cerritelli development off of Poplar Road was postponed at the last meeting, and Warner informed the commissioners that the developer had requested a further delay in the decision. However, as the public hearing was closed, the commissioners could by law consider no new information before making their decision, and Warner encouraged them to refuse any further delay in coming to a decision.

The commissioners voted to approve the subdivision, but only with 6 different conditions recommended by Warner. The most contentious of these conditions are the elimination of one of the lots, which was proposed to be a highly irregular shape barely above the minimum square footage required, the denial of a request to waive sidewalk construction, and the imposition of a requirement to construct sidewalks along Poplar Road to connect to sidewalks on Goodman Drive.

Commissioner Ron Borrelli expressed bewilderment that Warner proposed a Poplar Road sidewalk construction requirement just two weeks after informing the commission that the State Supreme Court had ruled that P&Z could not make such requirements. Warner pointed out that the total cost of the The Poplar Road sidewalks was only a few thousand dollars, and suggested that the developer would be unwilling to sue the city to fight that requirement. Citing concern over the traffic on Poplar, he said, "This is a matter of public safety."

Plus ça change, plus c'est la même chose
The commissioners again failed to elect a chair. This time, Republican Les Adams was absent, and Democrat Carl Bolz was the alternate who was seated as a regular commissioner. Deborah Kleckowski, who recently switched from the Democrat to the Republican Party, was nominated and received three votes of the Republicans, and Richard Pelletier swept the four votes of the Democrats. With 5 votes needed to elect a chair, the Commission remains without one for another two weeks.

Unpopular Poplar Road Plans at Planning and Zoning

The Planning and Zoning Commission approved two small subdivisions at their biweekly meeting yesterday, and tabled the discussion of a third, much larger and more controversial subdivision application.  City Planner Bill Warner also discussed a recent Connecticut Supreme Court ruling which restricts the power of the Planning and Zoning Commission to require developers to build sidewalks and plant street trees.  

"Off-site improvements"

Developers frequently ask Planning and Zoning for a waiver of the requirement to build sidewalks. While this may occasionally be motivated by a desire to save construction costs, it usually seems to be driven by a desire to attract home buyers who do not want to shovel snow or see people walking in front of their house.  In fact, I've heard neighbors of a proposed subdivision support the developer's request for a sidewalk waiver for the same reasons, expressing concern that sidewalks will "ruin the rural character of our neighborhood."  

Despite this, many towns ask developers to construct sidewalks, deciding that the quality of life for both existing and future residents is increased by providing safe routes for children and adults to walk, and that sidewalks also reduce the cost of school transportation, as students can safely walk to neighborhood bus stops instead of being picked up at each and every house on a street.  

Bill Warner reported about a recent CT Supreme Court decision in the case of Buttermilk Farms, LLC versus the Planning and Zoning Commission of the town of Plymouth.  Buttermilk Farms appealed a decision in Plymouth that required them to put sidewalks on a street which did not have them.  In their appeal they argued that the relevant statute "does not grant authority to the commission to regulate general health and safety, but, instead, it provides specific grants of authority to regulate health and welfare with respect to the land to be subdivided and the proposed streets within the subdivision."

The Supreme Court ruled in favor of Buttermilk Farms.  Bill Warner said that the Middletown City attorney interpreted the ruling to mean that Planning and Zoning has no authority to require a developer to put in sidewalks on an existing street. This also applies to requirements for planting street trees. Current P&Z regulations would apparently not hold up in court if challenged.  

Two minor subdivisions approved

A two lot subdivision on Flynn Lane, off of East Street, was approved without any controversy. Planning Department staff requested street trees and sidewalks, which the developer had no objections to.  A second two-lot subdivision, on Ballfall Road and Sisk Street was also approved, but only after the developer informed the Planning and Zoning Commission that he did not want to put in sidewalks on Ballfall Road.  In light of the Supreme Court ruling, there was very little discussion about the developer's request for a sidewalk waiver.  

Poplar Road subdivision is of concern to neighbors

Madeline Cerretelli, who has lived 37 years in a

 mansion off of Flynn road, is proposing to develop her property and put 14 houses on about two-thirds of her 15 acres, reserving a large lot for her house.  The development would be served by a new cul de sac called Cerretelli Drive.  She has asked for a waiver of the sidewalk construction requirement; in this case since the proposed street is entirely within a new subdivision, the Planning and Zoning Commission is not required to grant such a waiver.  

Residents of a previously constructed cul de sac, Goodman Drive, which abuts to the proposed subdivision, expressed their concerns about the Cerretelli Drive project.  They pointed to the absence of a "Site analysis" and a "Landscape Plan", and objected to the lack of genuine open space being set aside. Residents in this neighborhood adamantly objected to any waiver of

 sidewalk requirements, writing in a letter to the Planning and Zoning:

Anyone who lives in this neighborhood knows full well that the sidewalks in the area provide safe passage for young children and families. Each day, evening, weekend you can see neighbors come to Goodman Drive to walk safely. In fact, we would strongly recommend that the developer extend the new development sidewalks to connect to Goodman Drive as to provide a more "family friendly" environment.

Several neighbors spoke about traffic safety, citing Poplar Road as a dangerous thoroughfare between East Street and Ridgewood Road.   Neighbors were also concerned about the extent of blasting that would need to be done for the development, and the potential it has for damaging wells and foundations. There was extensive discussion about the impact of this development on the forests and wildlife which currently inhabit the lot.  

Mrs. Cerretelli addressed her neighbors' concerns.  She reassured them about the blasting,  "Blasting can be noisy, but if the person knows what they're doing it's not a problem."  She agreed that there was a lot of wildlife on her property, saying that with all the developments in the area, including Goodman Drive, and Ted Bysiewicz' developments, all of it has come to her property, but then protested, "I can't keep their play yard, they'll just have to find another place."  

Summing up, Cerretelli said, "I know nobody likes change.  But like anything else you get used to it."

Several of the Commissioners expressed their opposition to the sidewalk waiver request, pointing out that children usually liked to go down one side of the street and back the other.  Commissioners Catherine Johnson and Carl Bolz expressed their opposition to some of the lots, which were contorted into bizarre and untypical lot shapes to conform to the minimum acreage and frontage requirements.  Johnson called one of the lots, "the most ridiculous lot I've ever seen."

The Commissioners voted to close the public hearing, and then voted to table the discussion of the application, in order to have more time to study the materials provided by the developer.  

Commission Affairs

Catherine Johnson reminded the other commissioners that there would be public meeting on the Plan of Conservation and Development on June 3oth, 6:00PM in the Hubbard Room of Russell Library.  She said that she would be giving both a written survey and a visual survey to all members of the public who show up, "People will be surveyed."  

The Commissioners again failed to elect a chair, with Pelletier receiving 3 votes and Kleckowski receiving 4 votes.  

Recycled walks

I won't forgive Wesleyan for pulling up all the ancient bluestone slate walks on High Street and replacing them with pedestrian (pun intended) concrete.

But I am pleased to report that at least some of those sedimentary slabs, or slab fragments, to be precise, are being put to good purpose here in Middletown.

While on a walk today, I bumped into Natt Holmes, a counselor and social worker who works at Middletown High School, as he was building a beautiful stone wall for Izzi and Jeff on Columbus Avenue.

When I asked about his labors, he said, "It's another hobby. I love doing it."

Well, his labor of love will be a complement to the neighborhood. With painstaking work, Natt, along with the resourceful homeowners, have scavenged and carried abandoned fieldstone, granite and brownstone as raw material for the wall from construction sites around the city. Always with permission of course. The wall which adjoins a post and beam structure they have built adjacent to their bungalow-style home.

Wesleyan gave the wallmaker and the homeowners permission to use some of the slab fragments removed from the walk on High Street.

As for Natt, who works 60 hour weeks at the High School, the thought of moving, cutting and shaping stones on a beautiful Saturday is less like work, and more like practicing an age-old art.

Sidewalk news

(Proposed improvements to Amici's outdoor dining)

Alfresco dining certainly makes a city streetscape seem lively and inviting. Many of Middletown's restaurants have taken advantage of our broad sidewalks, and with few exceptions, these outside dining areas do little to interfere with regular foot traffic.

Common Council member Dave Bauer raises an interesting question, though, as Amici's Restaurant proposes erecting permanent structures on what appears to be public thorougfare.

In a communication to town planer Bill Warner he asks: How much of their outside seating is on public property? As they appropriate City Property for their use, what consideration is given to the Public’s interest? What is the process that this proposal must follow? Will this proposal come before any commission/committee that will consider the financial impact on Public Property?

The proposed new structure is in the first steps of seeking town approval at a meeting of the City's Design Review and Preservation Board on Wednesday, September 10, at 5:30 p.m. in Room 2008 at City Hall.

In other sidewalk news, it appears that Wesleyan has decided to abandon all its bluestone slate sidewalks on High Street and install concrete along the entire length of the block from Washington to Wyllys Avenue. Concrete is admittedly easier to maintain, and less likely to catch a heel or toe, but the beauty and historic significance of slate sidewalks makes their loss regrettable. The slate being removed, most of it two inches thick, has withstood more than a century of traffic, and reset, it would likely last another century or two. The University is also rebuilding brownstone, slate and granite steps which led from the sidewalk to the street. These steps are now also concrete.

Where the bluestone ends

Among my many other quirky passions, I'm a fan of old-fashioned sidewalks, those uneven, imperfect, root-lifted bluestone, limestone and granite stones which have served for a century or more as pathways for human traffic.

Think of all the historic personalities who may have passed over the beautiful old stones on High Street, and maybe you'll grieve with me when you see them pull up yet another old slate walkway and replace it with more reliable, but less aesthetically-pleasing concrete. The concrete is more easily maintained, and less likely to cause a lawsuit, but it has far less soul.

And that's what happened today on High Street. In the same location where a large, ancient beech was felled, Wesleyan crews were busy this morning tearing up the bluestone.

The pile of vintage slate was carted away, likely to have a second life in a patio for some McMansion, (though one hopes it'll reappear somewhere on campus) and we'll be left treading on the undeniably safer, more consistent, more easily plowed with fast moving snowblowers, 21st century sidewalk.

Until today, the walkway on High was history. Now, it's just another sidewalk.

Shiny Sidewalks

If sidewalks are your bag, you probably noticed the recent work crews in downtown Middletown.

Over the past several years, the City replaced the old brick pavers on Main Street with a red brick pattern stamped on concrete. The old pavers had a bad habit of popping up and getting kicked around the sidewalk, opening the City up to lawsuits and a general perception of decay. The new stamped concrete seems to be working pretty well, but can sometimes be slippery when wet. So Public Works is spreading a sealant with a non-skid surface, which also serves as the annual maintenance on the stamped concrete. They'll be done with the work this week.