Dog Park Coalition Withdraws Application to Town Planning and Zoning

The application by the West Hartford Dog Park Coalition and the Town of West Hartford for a Special Use Permit to allow for a dog park on a portion of the West Hartford Place/Home Depot Plaza was withdrawn on Monday afternoon. However, the potential that it would be resubmitted remained a critical factor in the Town Planning and Zoning Commission’s (TPZ) decision on Monday evening to recommend denial of another motion.

The TPZ made a recommendation to the Town Council for denial of a proposal made by the property owners at West Hartford Place to allow outside display areas for Home Depot and to extend Sunday business hours for all users to 7 p.m. on Sundays. The TPZ recommended that neighbors be provided with more time to consider these amendments to the Special Development District that governs this property. A community meeting was held by the property owner on March 22, and notice of that meeting was issued on March 16.

TPZ members also recommended a “holistic approach” to consideration of changes at the site. When questioned about the possibility that the West Hartford Dog Park Coalition would resubmit its application, Town Planner Mila Limson replied, “I can only tell you right now that the application has been completely withdrawn.” Nothing would prevent the application from being resubmitted in the future, and TPZ did not want amendments to the site to be made on a piecemeal basis.

The Town Council has currently scheduled a public hearing on this matter for April 11.

Several individuals who live near the West Hartford Place location were present at the TPZ meeting, but could not speak publicly about the issue. The amendment of the Special Development District was a referral from the Town Council, and not the type of action which allows for public comment.

At a recent community meeting held by the West Hartford Dog Park Coalition, neighboring residents expressed strong opinions both for and against locating the dog park on the Home Depot property. The withdrawal of the application was made in a letter dated April 4, 2011, which was signed by Town Manager Ron VanWinkle and West Hartford Dog Park Coalition President Mandy Pike. It contained the following explanation, which was repeated in an official statement by the Dog Park Coalition, “Both the Town and the Coalition recognize that while many neighboring residents support the proposal for a dog park, others have expressed concerns. The Town and Coalition would like additional time to clarify the project details to those with concerns.”

Jim Capodiece, Director of Leisure Services for the Town of West Hartford, confirmed that the Town and the Dog Park Coalition felt that there was still work to be done with the neighborhood. “The withdrawal gives time to think about it, work with the neighborhood, and reconsider,” said Capodiece, who could not speculate on any future proposals.

In other important action, TPZ voted to recommend to the Town Council acceptance of amendments to the West Hartford zoning ordinance regarding outdoor dining. The proposed change would clarify the definition of a restaurant. It would mandate the need for a Special Use Permit, rather than just a zoning permit, for restaurants with outdoor seating if those restaurants also serve alcohol. The amendment would also prohibit outdoor dining activity between the hours of 12 a.m. and 7 a.m.

The TPZ gave its approval with a strong recommendation to change the prohibition of outdoor dining activities to begin at 11 p.m. rather than 12 a.m. The TPZ also urged the Town Council to consider several future amendments, including allowing the West Hartford Police to enforce zoning recommendations, requiring a host to be present in outdoor dining areas during later hours, and addressing smoking regulations for outdoor dining spaces.

Several of these recommendations were made based on advice and information provided by West Hartford Police Chief Jim Strillacci, who reported that there has been a significant increase in accidents, fights, drunk driving, and other disturbing behavior in West Hartford Center which has coincided with what he called “less outdoor dining and more outdoor drinking.”

The Town Council’s public hearing regarding this amendment to the zoning ordinance for outdoor dining will be held on April 11.