Berkshire Store in new effort to survive, thrive

CORNWALL — When it comes to zoning, the issues are about the land. But in Cornwall, it’s people who make the difference. That was the resounding theme of a Planning and Zoning Commission (P&Z) public hearing Tuesday night on a request for a zone change from Rick and Beth Cochran, the new owners of the Berkshire Country Store at the corner of routes 4, 128 and 43.

P&Z member Rick Lynn opened the hearing with the announcement that no decision would be made that night.

“This is a serious proposal that requires serious consideration,� he said. “We have 35 days in which to keep the hearing open, and we welcome comments during that time. We have another 65 days after that to make a decision.�

The hearing will reconvene on Sept. 11.

A petition of support was presented. It bore more than 600 signatures. Consultant Martin Connor, who has considerable experience as a town planner and zoning officer in the Northwest Corner, remarked at how unusual  it was to see a petition in favor of such a proposal.

More than a convenience store

Since the Cochrans bought and began operating the grocery, deli and gas station in January, it has continued (as they had hoped) as more than just a convenience store in the otherwise purely residential part of town. As residents said in their comment, it is a gathering place, and the town has embraced the outgoing Cochran family.

Now, they want to expand the building and the grocery side of the business, install new gas pumps, improve the landscaping and build a home for them and their five children on a back corner of the more than 5-acre lot.

As an R3 (residential) zone, they are already a nonconforming use. Expansion is not an option. They hired a consultant to thoroughly review the options and have asked P&Z to change the entire property to a general business zone.

The change, Connor said, would make the use a conforming one and allow improvements beyond the existing structural footprint.

‘A grocery store sounds nice’

Rick Cochran said a nonconforming property use also means no bank will issue a loan. They had to rely on owner financing.

“We brought our family into the community because we want to be here long term. We are looking for ways for that to be viable,� he said.

While the hearing brought two strong opinions against the proposal, there were a few more adamantly in favor. Many who spoke in support were neighboring residents who have no issues with the use of the property. Valerie Barber said she actually tried to buy the store years ago, but found the town unwilling to work with her to make it viable.

Richard Duke objected only to the “large, humming power station� near his home. The property in question has been used commercially, mostly as a store or restaurant as far back as anyone can remember, and Duke’s mother was one of the first restauranteurs there.

“It’s been nonconforming for a long time.� he said. “The worst use was a guy who ran monster trucks out of there. A grocery store sounds very nice.�

Jim Whiteside said the store was important to the working people in town, and expressed his opinion that this is one of the approaches the town could take to make it more affordable for families of “modest means.� He added that the four-way stop at the intersection of three state roads is exactly where a business zone should be.

But Tim Prentice and Norma Lake spoke of focusing on existing business zones, rather than creating a new one.

Prentice referred to the recent planning forum, where the highest priority expressed by residents was preservation of Cornwall’s rural character. The zoning change would plant a seed, he said of an inevitable future business district.

Lake said that property was always difficult to deal with in her experience on P&Z.

“What really bothers me is when you have a wonderful store like the West Cornwall Market that has to go out of business and others that are marginal,� Lake said. “You shouldn’t be expanding another opportunity while you’re not taking care of the existing ones.�

People as important as property

It was Phyllis Nauts’ comments, among them that people should be as important a consideration as the property, that later turned the tide toward seeking a compromise.

After the requisite questions posed to the applicant, P&Z allowed general comment. It turned into a discussion of suggested ways in which to allow the Cochrans to proceed with their expansion plans within the realm of zoning or reasonable variances. Even those in favor of expansion on the Cochrans’ property were concerned about future growth there.

Both Connor and Lynn assured residents that, while a general business zone has 1-acre lot minimums, there was virtually no possibility of a scenario such as five, separate commercial lots being developed there. Future expansion, subdivision or such would require additional P&Z oversight.

Zoning regs discourage survival

Other issues of note included a section of the zoning regulations that states that nonconforming uses not on Route 7 are allowed to continue until they are changed to less nonconforming uses, “but not to encourage their survival.�

While the store currently operates under a special permit, with strict guidelines issued by the zoning Board of appeals in 1969, current regulations do not allow P&Z to issue a revised permit.

There are no wetlands on the property or other factors that make building questionable.

A letter submitted with the application from the First National Bank of Litchfield spells out the financing dilemma.

Bank Vice President Edgar Auchincloss wrote that “financing nonconforming real estate is always difficult because the future potential of the property is always open to interpretation,� and, “In my opinion it is highly unlikely that any financial institution would finance further improvements to your facility absent a zone change to commercial designation.�