Agenda

Planning & Zoning Commission 21 Tolland Green, Tolland, Connecticut

Monday, July 11, 2016 at 7:00 p.m. Council Chambers – 6th Floor

1. Call to Order

2. Seating of Alternates 3. Public Comment - Any Tolland resident wishing to ask a question, make a comment or put forward a

suggestion not related to an agenda item. 4. Approval of Minutes – Approve meeting minutes of June 27, 2016 Regular Meeting. 5. Application 5.1 215 Merrow Road – Free standing sign

6. New Business 6.1 8-24 Review – 1125 Tolland Stage Road 6.2 Discuss Zoning Regulations for breweries and distilleries 7. Old Business 7.1 Continue discussion of potential updates to Tolland Village Area regulations regarding multi-

family density. 8. Liaison Reports 8.1 Town Council Liaison 9. Town Staff Comment/Updates 9.1 Zoning Enforcement Report 9.2 Planning Update 10. Communications and Petitions from Commission Members 11. Correspondence 12. Public Participation 13. Adjournment

NOTE: ALL PUBLIC BUSINESS WILL BE CONDUCTED BY 11:00 p.m. UNLESS WAIVED BY A VOTE OF THE COMMISSION.

Any party needing an accommodation please contact the Development Group at 860-871-3669. The Town of Tolland is an Affirmative Action/Equal Opportunity Employer

Equal Opportunity/Affirmative Action Employer

Heidi Samokar, AICP Director of Planning & Development June 21, 2016 Dear Tolland Property Owner, At its July 11 meeting, the Planning and Zoning Commission will review and vote upon a town project to demolish a vacant building on land owned by the town located at 1125 Tolland Stage Road. We are alerting those who own property within 500 feet of 1125 Tolland Stage Road of this pending project. A map showing the property location is on the reverse side of this letter. Specifically, the Public Works Department will be working with a company to abate lead and asbestos, remove hazardous material (if any), remove a storage tank, and demolish the vacant building. The project addresses a potential safety issue by removing the old, abandoned structure and materials. Connecticut State Statutes Section 8-24 requires that certain municipal projects are referred to the Planning and Zoning Commission for its review and approval. The meeting will be Monday, July 11 at 7:00 p.m. in the 6th Floor Council Chambers, 21 Tolland Green. If you wish to provide input or ask questions you may do so at the meeting or contact me prior to the meeting. Sincerely, Heidi Samokar, AICP Director of Planning and Development

TOWN of TOLLAND/ 21 Tolland Green, Tolland Connecticut 06084

1125 Tolland Stage Road

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MEMO

TO: Planning and Zoning Commission FROM: Heidi Samokar, AICP, Director of Planning & Development DATE: July 6, 2016

RE: Sign Permit Application, 215 Merrow Road

Background 215 Merrow Road is an existing bank located in the Gateway Design District (GDD) and Aquifer Protection Zone. The bank is changing ownership. The applicant is replacing a wall sign(which can be approved by staff and is not included in this packet) and replacing a free-standing sign, which requires approval by the Planning and Zoning Commission. Proposed Permitted

Size Appears to be slightly greater than allowed. Awaiting clarification

32 square feet

Lighting Internal Internal, indirect, channel or halo

Setback from front property line

Awaiting clarification from applicant.. May now be closer to line because

of property line change due to Route 195 project.

Minimum of 10 feet

Based on an initial review, I’ve asked the applicant for additional information including:

Clarification of square footage of sign Clarification of setback to property line in light of the lot line change due to the Route 195

construction project. The addition of the street numbers on the sign. A note that the average level of illumination on the vertical surface of the sign shall not exceed

three foot-candles and the uniformity ratio shall not exceed 2:1.

TOWN of TOLLAND/ 21 Tolland Green, Tolland, Connecticut 06084

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I expect that I will have that information prior to Monday’s meeting. Approvals Required The proposed free standing sign requires Commission approval because all free standing signs require Commission approval. In addition, modifications, by 4 concurring votes are required to allow:

1. The sign area to be greater than 32 square feet (see Section 20-3.B) 2. The sign to be located closer than 10 feet to the front property line (see Section 20-7.A) 3. A light background on an internally lit sign (see Section 20-8.D.1).

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MEMO

TO: Planning and Zoning Commission

FROM: Heidi Samokar, AICP, Director of Planning & Development

DATE: July 6, 2016

RE: Breweries, Brew Pubs and Distilleries - Zoning Amendments

The Commission asked me to research and development possible amendments to the Zoning Regulations in order to allow breweries, micro-breweries, distilleries, wineries and brew pubs in Tolland. At this time, I recommend addressing all except for wineries since wineries would likely be located in residential zones and would therefore require a more detailed examination.

This memo provides:

Background on these uses in Connecticut Initial recommendations of what to allow and where

BACKGROUND

Breweries and Brew Pubs

Breweries usually contain both production and commercial uses:

Production – brewing, bottling, distribution Commercial – Tasting room, tours, food service, host events, direct selling to customers

Towns often distinguish between a brewery, micro-brewery and brew pubs. Breweries and microbreweries are distinguished based upon number of barrels of beer produced per year (each barrel equals 31 gallons). There is no commonly-used standard. Here are some examples:

TOWN of TOLLAND/ 21 Tolland Green, Tolland, Connecticut 06084

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New London – Microbreweries can produce up to 60,000 barrels per year. Litchfield, South Windsor, Haddam and Bristol – Up to 15,000 barrels per year (also

threshold per Wikipedia) Groton City – 10,000 barrels per year. Union – Up to 5,000 barrels per year.

Sizes of breweries / microbreweries across Connecticut vary. For example, the Still Hill Brewery in Rocky Hill is 4,200 square feet with a 1,200 square foot tasting room that seats just under 60 people. On the larger end, a brewery in Branford is around 30,000 square feet with a tasting room and banquet hall.

A brew pub is simply a restaurant that also brews beer on-site. Towns usually require that a certain percentage of the beer produced on site is intended for consumption at the restaurant. Litchfield requires that brew pubs serve at least 40% of their beer on site while South Windsor requires at least 25%.

Distilleries

Distilleries are gaining popularity in Connecticut. Over the last few years, state law has been changed to allow distilleries to act more like breweries, offering tours and tastings. Some towns refer to smaller distilleries as “Craft” or “Boutique” distilleries. I saw definitions ranging from a limit of 50,000 gallons per year to 100,000 gallons per year.

Examples include (readily available information is provided):

John Fitch Distilling Co., South Windsor – 9,000 square feet with a 900 foot tasting room in a separate building.

Westford Hill Distillers, Ashford – Opened in 1997. Not licensed to sell directly to the public but offer tours and open houses.

Elm City, Wallingford – Founded in 2009. Offers tours and tastings. No on-site sales. Onyx Moonshine, East Hartford – Launched in 2011. Includes a 3,000 square foot tasting

room that holds 40 people. Litchfield Distillery – “Micro-distillery”. Tours and tastings. Others include Asylum Distiller, Bridgeport; Hartford Flavor Company, Hartford, Litchfield

Distillery, Litchfield; BuonCello, Bethel; AppStrawbrandies, Branford; Connecticut Valley Distiller, Manchester.

Many towns seem to treat microbreweries and distilleries the same, allowing them by Special Permit. Towns taking this approach include Ellington.

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General Considerations

Both breweries and distilleries generally need access to water and sewer, though there are examples of those on well and septic.

Both are also heavily regulated by state statutes (see box on next page). Some towns allow entertainment with limitations (e.g., no outdoor entertainment, only

non-amplified entertainment, etc.) Some limit the size of the tasting room. The benefit of this approach is to prevent the

establishment from becoming a predominantly entertainment use rather than a brewery. Initial feedback from an interested brewer recommends against setting limits on floor space dedicated to brewing versus tasting rooms as it may limit options in re-using available vacant buildings.

There might be a middle ground through a Special Permit process (see recommendations).

Many towns simply allow these uses by Special Permit (as noted above) with no additional restrictions specific to breweries. A few towns impose separation distances from schools, religious institutions and other uses. Some also set limits on the size (square footage) of the facility.

 

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Excerpts from Connecticut General Statutes 30-16 – Manufacturer Permits

A manufacturer permit shall allow the manufacture of alcoholic liquor and the storage, bottling and wholesale distribution and sale of alcoholic liquor manufactured or bottled to permittees in this state and without the state as may be permitted by law. Such permit shall also authorize the offering and tasting, on the premises of the permittee, of free samples of spirits distilled on the premises. Tastings shall not exceed one-half ounce per patron and shall not be allowed on such premises on Sunday before eleven o’clock a.m. and after eight o’clock p.m. and on any other day before ten o’clock a.m. and after eight o’clock p.m. A holder of a manufacturer permit, except a manufacturer permit for cider, may apply for and shall receive a wholesaler permit.

A manufacturer permit for beer shall be in all respects the same as a manufacturer permit, except that the scope of operations of the holder shall be limited to beer, but shall permit the storage of beer in any part of the state. Such permit shall also authorize the offering and tasting, on the premises of the permittee, of free samples of beer brewed on such premises and the selling at retail from the premises of sealed bottles or other sealed containers of such beer for consumption off the premises. The offering and tasting may be limited to visitors who have attended a tour of the premises of the permittee. Such selling at retail from the premises of sealed bottles or other sealed containers shall comply with the provisions of subsection (d) of section 30-91 and shall permit not more than nine liters of beer to be sold to any person on any day on which such sale is authorized under the provisions of subsection (d) of section 30-91. A manufacturer permit for a Brew pub allows: (1) The manufacture, storage and bottling of beer, (2) the retail sale of alcoholic liquor to be consumed on the premises with or without the sale of food, (3) the selling at retail from the premises of sealed bottles or other sealed containers of beer brewed on such premises for consumption off the premises, and (4) the sale of sealed bottles or other sealed containers of beer brewed on such premises to the holder of a wholesaler permit, provided that the holder of a manufacturer permit for a brew pub produces at least 5,000 gallons of beer on the premises annually. Such selling at retail from the premises of sealed bottles or other sealed containers shall comply with the provisions of subsection (d) of section 30-91 and shall permit not more than nine liters of beer to be sold to any person on any day on which such sale is authorized under the provisions of subsection (d) of section 30-91. A manufacturer permit for beer and brew pub shall be in all respects the same as a manufacturer permit for beer, as defined in subsection (b) of this section, and shall allow those additional permissible uses specified in the manufacturer permit for a brew pub, as defined in subsection (f) of this section, provided the holder of a manufacturer permit for beer and brew pub produces at least 5,000 gallons of beer on the premises annually.

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INITIAL RECOMMENDATIONS

Where and How?

The following lists all business zones and my initial recommendation to begin discussions.

Zone Initial Recommendations Comments Tolland Village Area Brewpub - Special Permit Use

Micro-brewery – Not allowed Craft Distillery – Not allowed Brewery – Not allowed

Restaurants serving alcohol already allowed.

Neighborhood Commercial Zone G (just north of Green)

Brewpub - Special Permit Use Micro-brewery – Not allowed Craft Distillery – Not allowed Brewery – Not allowed

Restaurants serving alcohol already allowed.

Neighborhood Commercial Zone T (Route 195 near Baxter St)

Brewpub - Special Permit Use Micro-brewery – Not allowed Craft Distillery – Not allowed Brewery – Not allowed

Restaurants serving alcohol already allowed.

Community Commercial Zone (Hartford Turnpike east of Sand Hill Rd)

Brewpub - Special Permit Use Micro-brewery – Not allowed Craft Distillery – Not allowed Brewery – Not allowed

Restaurants serving alcohol already allowed.

Gateway Design District (Merrow Rd)

Brewpub - Special Permit Use Micro-brewery – Maybe by Special Permit? Craft Distillery – Maybe by Special Permit? Brewery – Not allowed

Restaurants serving alcohol already allowed.

Technology Campus Zone (Merrow Rd)

Brewpub - Special Permit Use Accessory Use Micro-brewery – Not allowed Craft Distillery – Not allowed Brewery – Not allowed

Manufacturing (biotech, medical, etc.).

Commercial / Industrial Zone A (Tolland Stage & Hartford Tpke west of Sand Hill Rd; part of Business Park; parcel of Reed Rd)

Brewpub - Special Permit Use Micro-brewery – Special Permit Use Craft Distillery – Special Permit Use Brewery – Special Permit Use

Site Plan: manufacturing, wholesaling, warehouses Special Permit: restaurants, distribution centers

Commercial / Industrial Zone B (North River Rd/ Buff Cap Rd)

No public sewer or water, therefore: Brewpub - Special Permit Use Micro-brewery – Not allowed Craft Distillery – Not allowed Brewery – Not allowed

Same as above.

Tolland Business Park (back portion of business park)

Brewpub – Not allowed? Micro-brewery – Special Permit Use Craft Distillery – Special Permit Use Brewery – Special Permit Use

Site Plan: manufacturing, wholesaling, warehouses

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Possible Definitions

Brewery – A facility where beer is manufactured, stored, bottled and sold in sealed containers at wholesale. A brewery may include on-site retail sales for consumption off premises or offered for on the premises tastings.

Microbrewery – A brewery where less than 15,000 barrels per year beer is manufactured.

Brewpub – A restaurant with an on-site microbrewery which sells 25% or more of such beer at the restaurant.

Micro-Distillery – A facility where alcoholic liquor is manufactured, stored, bottle and sold in sealed containers at wholesale. A distillery may include on-site retail sales for consumption off premises or offered for on the premises tastings. No more than 50,000 gallons per year may be produced.

Possible Regulations

I suggest a flexible approach that allows the Commission to set conditions on a case-by-case basis through the Special Permit process. Regulations might include:

Based on sized and building layout, the Commission shall be satisfied that the retail component and tasting rooms are accessory to the manufacturing component.

Prior to receiving building and zoning compliance permit, the applicant shall demonstrate compliance with applicable state and federal laws and regulations.

The Commission may set permissible hours of operation. The Commission may set restrictions on entertainment.