By: Maria Moore
Immediately after the Morning Mingler at Passiflora this past Tuesday, May 18 a group of New Hartford business people made their way over to the Town Hall to ask questions about the proposed zoning regulations and how they would ~ or would not ~ affect their businesses. The group, made up mostly of the members of the New Hartford Business Council’s (NHBC’s) Board of Directors, met for over an hour with Rista Malanca, the Interim Zoning Officer who answered their questions and provided the background to some of the changes to the regulations.
Rista Malanca. Photo: GeminEye Images
With paper copies of the draft regulations in front of them or on their laptop computers, the business owners asked their questions; please review the Proposed Zoning Regulations online at the town’s municipal website. Our reporter, who is a member of the Board of Directors and who arranged the meeting, started the ball rolling by asking how the proposed regulations would effect the types of signs businesses could have ~ an issue of special concern to business owners in the center of town and along Route 44. Rista went briefly through Article 6, Section 6.3, pages 91-93 of the proposed regulations dealing with signs in commercial zones and the differences between building mounted signs, freestanding signs and temporary signs.
Portable A-frame signs (sandwich board signs), was a hot topic for the business owners. Rista said that those types of signs would be permitted in the center of town as long as they meet seven criteria including that the sign is no more than 10.5 square feet, it is posted only during the hours the business is open, etc; see page 92, Article 6, Section 6.3, E, 2 (c). A new business could also have a 30-day temporary sign by obtaining a permit from the town. Gardner Graves of Realty Works, who recently opened a real estate office in the center of town, said that those types of signs have blanket approval in Canton. Ron Miller of Ace Marketing asked about temporary signs for special promotions, for a maximum of two weeks every six months, such as Avon allows. In New Hartford, sandwich board signs are not allowed along Route 44, a matter of special concern to Deb Kuszaj of Blue Sky Foods. Rista said the Zoning Commisison wanted to avoid any one business setting up multiple signs, as a new business had recently done in the Marandino’s Plaza. Deb emphasized that her sign was a necessity for her business, as it was for the Foothills Delery.
The subject then turned to temporary signs set up by individuals and non-profits, such as the Fishing Derby signs around town ~ 50 of them, David Childs told those at the meeting. Rista said those signs are only allowed on private property with the permission of the landowner, and not on the right of way. “And on town property?” Our reporter asked, looking at a Fishing Derby sign visible through the window. They’re OK ~ with permission from the First Selectman, Rista confirmed.
Deb Kuszaj again came back to the purpose of the sign regulations: “to protect the public safety and general welfare” of the town; see Section 6.3, A. She said the Commission should be supportive of business. “Who are the awning police?” She asked, referring to who would have to be going out and enforcing the many regulations on business. Rista said that when complaints came in then she had to enforce the regulations, such as had recently happened with the signs on Chapin Park ~ including one of David Child’s ~ which she had had to take down after a complaint. “There was even a sign for something in Pleasant Valley!” Someone exclaimed. That was the issue, those present agreed: “It turns neighbors on neighbors!” Our reporter suggested allowing sandwich boards for businesses on a special exception basis. “Nobody likes to do things illegally!” She said.
Deb asked about having a list available cross-referencing the old and the new regulations. Rista said there wasn’t such a list available. She said when the commissioners had started to work on the regulations they found that some of them didn’t meet the intent of the regulation, so they had decided to reorganize and rewrite the regulations to say what they wanted them to say.
Susan Wacht of GeminEye Images who is also co-owner of the Canton Barn, an auction gallery, said that in Canton they had come up with three templates of different signs that were allowed. Rista said that may have been for a special village zone.
Deb Kuszaj also brought up an issue with the draft regulations where they pertain to Bed and Breakfasts (B&Bs). Since Mary Ann Gunning of Chapin Park Bed and Breakfast was not at the meeting, Deb brought up the fact that the proposed regulations said that B&Bs can’t have any employees. Rista said that B&Bs operate in residential zones and the regulation was to make sure that they were owner-occupied and operated. Deb asked why B&Bs couldn’t be regulated just like a home-based business that’s allowed to have 2 employees.
The issue of signs on trucks was briefly touched on, since some at the meeting were aware of the difficulty Alpha Storage was having with their UHaul trucks being parked in front of their building. Rista said that there had been a site plan approved for the old Waring building and it didn’t include the UHauls parked in front; they need to be parked to the side of the building or parked behind a screen. Rista said that the Commission may grant a special exception to large spaces over 20,000 sq. ft. such as the Waring building for larger signs.
The last question, on changes in the proposed regulations that would affect home businesses got the response from Rista: “Really not much has changed there.” She added that the planners had come in with major ways of regulating home businesses but that the Commission had decided to stay with what they had already. The only change Rista mentioned was the type of home business that contractors, electricians, etc. ran from home. Rista said that, under the existing regulations, those types of businesses were being asked to register within 6 months and then their businesses would be grandfathered as pre-existing, nonconforming businesses. New businesses would have to comply with the regulations, and any changes to the non-conforming business that was more than what they originally had, would have to be conforming.
Giving Input On the Proposed Regulations
Rista told the business owners: “Come in with your special need (in the regulations), show how a different town has taken care of that need and the Commission will consider it for the regulations.” She said they could either attend the Public Input Meeting on May 26 and give their input in person or they could submit their input in writing. She also recommended attaching a copy of another town’s regulation that met
the same need if possible. She said that if the input is in by the 26th, then the Commission could talk about it at their meeting with the attorney and the planner (who are helping the P&Z Commission with the draft regulations). After that, Rista said, the regulations would go to a public hearing, after which it would be harder to have changes made. Our reporter asked whether the regulations would then be brought to a town meeting for approval and Rista said they would not, that they didn’t need to do so, that the statutes give the Commission the right to go ahead and adopt the proposed regulations.
Many Thanks: To Rista Malanca, Interim Zoning Officer for making herself available to local business owners to answer their questions and concerns on the proposed regulations.
To submit your input: on the proposed zoning regulations, please email your input to: rmalanca@town.new-hartford.ct.us, or submit your input by regular mail to: Rista Malanca, Interim Zoning Officer, Town of New Hartford, 530 Main Street, P.O. Box 316, New Hartford CT 0607.
Mark your calendar: And attend the Public Input Meeting being held by the Planning and Zoning Commission on Wednesday, May 26 at 7:00 p.m. in the Senior Center at Town Hall. You will be able to give your input in person and submit your input in writing to the Planning & Zoning Commission.
Members of the New Hartford Business Council at the meeting with Rista Malanca, Interim Zoning Officer.
Kim Trumbull and Maria Moore at the meeting. Photo: GeminEye Images
Towards the end of the meeting, Business Council members were joined by First Selectman Dan Jerram (in red T-shirt). Photo by GeminEye Images
