Signs of good economy but ... three sticky zoning questions

NORTH CANAAN — Two matters have come before the Planning and Zoning Commission (P&Z), and are expected to play out in the coming months.The Citgo gas station at the Xtra Mart on the corner of Route 44 and North Elm Street is working on a rebranding to become a Shell station. Some zoning nonconformity issues will have to be worked out. Zoning Enforcement Officer Ruth Mulcahy reported at the May 9 commission meeting that the changeover includes replacing the logo-inclusive canopy over the pumps, as well as a “very large” freestanding sign.The current sign is not excessively large, compared to other area gas stations. It’s the location that is the problem. The current sign is 89-square feet. The proposal was for a 123-square foot, 26-foot high sign. “They already have a non-conforming sign on the site,” Mulcahy said, “which was added to for Dunkin’ Donuts.”Mulcahy said she could find no permit for the addition of the Dunkin’ Donuts sign, which was installed between the signposts, below the lighted Citgo sign and another sign to post the price of a gallon of regular gasoline.She was concerned because the additional sign increased the nonconformity. Commissioners did not recall anything about a sign permit. It was presumed a permit was never sought.The main sign pre-existed zoning regulations, and is allowed as a nonconforming use. The regulations say it can be only as high as the distance from the nearest road. This sign is right on the property line, and sits just a few feet from the corner of the intersection.P&Z members agreed with Mulcahy’s suggestion to allow changes to the sign as long as the size or height does not increase. Mountainside expansionTwo expansion projects got a preliminary look. Attorneys for both left with some homework to do.The Moutainside Addiction Treatment Center has a plan to buy 6.5 adjacent acres to the north on Route 7 South for an additional 16-bedroom treatment facility. Attorney Anthony Nania appeared with Mountainside President and CEO Terry Dougherty. They are seeking an amendment to zoning regulations. The lender has made a condition of the purchase a change to the Table of Uses, which currently does not list a residential substance abuse treatment facility in a residential/agricultural zone. Mountainside operates as a nonconforming use that pre-exists zoning. But since submitting the request to P&Z, Nania said there was an additional “wrinkle.”“There is concern on the part of the lender that if it qualifies under that narrow use the property may not be as valuable as if it was defined as a residential rehabilitation facility, which is much broader.”Nania said he had not had a chance to clearly understand the bank’s point of view and promised to come back with a better explanation.Mulcahy added that because of the nonconforming use status, P&Z cannot approve the project under the regulations as they stand. Geer to add apartmentsJust up the road, Geer is proposing a 10-unit addition to the 24 apartments at Beckley House. The independent-living, federal Housing and Urban Development-subsidized facility for seniors is in high demand. Attorney Linda Patz said that a letter of approval from P&Z is a required part of the application for partial Housing and Urban Development funding for construction. She noted that the facility straddles a residential and residental/agricultural zone boundary. Mulcahy said her concern was with density. Zoning regulations are specific for square footage for living units. The site has town water and sewer service, which allows for smaller space requirements, but it is close to maximum density. Mulcahy estimated 26 units as the maximum. However, she said most of the regulations are waived for affordable housing, provided the town has less than 10 percent overall affordable homes and housing units. The latter was an unknown quantity. But P&Z approved a motion for Mulcahy to draft and sign the requested letter.According to information provided to The Journal from the Northwestern Connecticut Council of Governments, the latest figures for affordable housing, which includes subsidized housing and CHFA mortgaged properties, is 7.48 percent.