Adjustments to regs are needed for Mountainside to grow

NORTH CANAAN — A public hearing will be held Monday, July 11, at 7 p.m., prior to the regular Planning and Zoning Commission (P&Z) meeting.The commission is seeking to make some adjustments to correct irregularities in the zoning regulations, which were discussed at its June 23 meeting. One that signifies an actual change is proposed to allow Mountainside Addiction Treatment Center to expand onto an adjacent piece of property. Mountainside’s attorney, Anthony Nania, explained at the May P&Z meeting that the Route 7 South center wants to build an additional 16-bed facility on the adjoining 6.5 acres. The existing facility was built long before zoning and is allowed as a nonconforming use in a residential/agricultural zone. But the addition would not be allowed under current regulations because addiction treatment centers are not addressed in zoning.Nania asked that it be added to the Table of Uses in the regulations, and that a broad definition be used. Mountainside’s lender is concerned about devaluing the property with too narrow a definition of use. The solution would be to list “residential rehabilitation facility.” A large number of uses would fall into that category.P&Z Chairman Steve Allyn said the treatment facility has been there a long time, under two prior owners, and is a good neighbor in town. The plan is to make the addition to the Table of Uses, and to establish performance criteria of a minimum 25 acres and access to public sewer. Zoning Enforcement Officer Ruth Mulcahy said the overriding guideline is that a new use cannot be detrimental to the neighborhood. The residential/agricultural (or RA) zone includes many large pieces of property, she said, but just because something fits on a lot that doesn’t automatically make it acceptable.“I’ve never heard any complaints about Mountainside,” Mulcahy said. “This is in anticipation of someone else coming in. It’s a measure of protection.”The proposed change needs to go the Northwestern Connecticut Council of Governments for a review by the regional agency. Thirty-five days is supposed to be allowed for that process. But P&Z put itself in a bind when it accepted Mountainside’s application in May. A public hearing has to be held within 65 days. Mulcahy said it is not a complicated issue, and they will have to take the chance that the COG will complete the review sooner.