“It’s difficult to think anything but pleasant thoughts while eating a homegrown tomato.” ~ Lewis Grizzard
Prst. Std. U.S. Postage Paid Naugatuck, CT #27
FR EE
Bee Intelligencer Informing the towns of Middlebury, Southbury, Woodbury, Naugatuck, Oxford and Watertown A FREE COMMUNITY NEWSPAPER
Volume VIII, No. 38
Friday, September 14, 2012
P&Z deals with full agenda By TERRENCE S. MCAULIFFE The Middlebury Planning and Zoning Commission (P&Z) at its Sept. 6 meeting postponed a Woodland Road zone revision, passed resolutions on the library addition and Benson Woods permits, asked for parking data for a yogurt store at Middlebury Station, found no issues for a North Benson Road proposal, permitted an interior wall at 99 Park Road, arranged for legal counsel on the Whittemore Crossing cease-and-desist order and heard comments about a planned group home on Dorothy Drive. Tara Perrotti’s public hearing for a zoning map revision from R40 to CA40 for part of a property at 86 Woodland Road was rescheduled to Oct. 4. Attorney Michael McVerry told commissioners copies of the application had not been filed with the town clerk 10 days prior to the hearing as required by state statutes. The property is located south of Junipers Restaurant and Whittemore Crossing. Joseph Molder’s public hearing to amend Section 25 of the Zoning Regulations for lots in the Lake Quassapaug West Side Association was withdrawn. Molder had been told Aug. 2 a zone change was necessary for nonconforming lots in the R-80 district before building permits could be issued to enlarge the footprint of cottages in the association. A resolution confirming a 3,800-square-foot addition to the existing 16,300-square-foot library conformed to Middlebury’s Plan of Conservation and Development was unanimously approved. The resolution was required by Connecticut Statutes 8-24. Plans for the addition were presented June 7, but voting needed to wait for Conservation Commission approval, which took place Aug. 8 on the condition silt fences protected wetlands against runoff.
Also unanimously approved was a resolution confirming extension of the Benson Woods subdivision plan approval to Dec. 5, 2016, as a result of Connecticut Public Act 7-5. A request to operate a seafood truck two days a week at the former site of Johnny’s Dairy Bar on 504 Middlebury Road was not considered because the applicant, Ray Getman, did not appear. A decision on a request by Jae Woong Lee to fit up a portion of Middlebury Station at 489 Middlebury Road as a Froyo Yogurt store was deferred until Oct. 3 after Town Planner Brian Miller noted it was the third restaurant in a plaza originally approved for retail businesses, and Town Engineer John Calabrese advised such use brought greater parking requirements. Commissioners agreed the addition of one yogurt store to the mostly unoccupied building did not cause a problem, but they wanted Lee to have building owner Bart LoRusso supply a parking plan showing the number of spaces allocated to tenants using calculations based on the zoning regulations. The proposed relocation of Waterbury’s Pilot Seasoning Company to LI-200-zoned property on North Benson Road across from Long Meadow School is a permitted use according to commissioners. Owner Mary Volpe said she wanted to expand the business started 30 years ago by her father into a new 12,000- to 14,000-square-foot building where spices would be mixed for wholesale and internet sales along with a small retail presence. A site plan approval waiver for Midex LLC to construct an interior wall at the former Timex building at 199 Park Road was unanimously voted. A 50,000square-foot area of the LI-80 zoned facility is being readied for Winchester Electronics, a company relocating from Wallingford and current applying for
Middlebury’s tax abatement program. Such waivers were formerly done by the zoning enforcement officer as administrative actions, P&Z Chairman Curtis Bosco said, but a new policy instituted in July brings such matters before the commission. In enforcement matters, Bosco said he would ask town attorney Dana D’Angelo to attend the next meeting to discuss legal options to enforce the 60-day cease-and-desist order issued July 5 on unapproved construction at Whittemore Crossing after he heard comments about a large stone structure on the property and other visible work in violation of the order. Member Matthew Robison questioned the business operating without a certificate of occupancy and Calabrese told him a certificate of occupancy could not be issued because land use boards such as P&Z and Conservation had not signed off on approved plans, even though the work passed necessary inspections. In public comments, Bernard Evans of 5 Hannah Drive asked whether a group home going into operation in a recently sold house at 28 Dorothy Drive followed the single family zoning regulations of that area. Bosco said state regulations allowed five unrelated people to live together as a “family” under strict guidelines for the purpose of integrating mentally disabled people into society. Evans said the home was purchased in early 2012 by a father and son with a mortgage that stipulated they use it as a residence for at least one year. Three other nearby residents complained about noise and street parking from those involved with the home. Bosco said he would discuss the matter with D’Angelo. The next regular P&Z meeting is Thursday, Oct. 4, at the Shepardson Community Center.
Middlebury Senior and Social Services Director JoAnn Cappelletti stands next to the new stove and fire-suppression hood recently installed at Shepardson Community Center. The new stove will get its first public use during the St. John of the Cross Apple Harvest Festival Sunday, Sept. 16, at Shepardson. (Marjorie Needham photo)
BoE discusses bylaws revisions, communicating with the public, self-assessment By KATHLEEN RIEDEL
ZBA accepts three variance applications By TERRENCE S. MCAULIFFE The Middlebury Zoning Board of Appeals (ZBA) at its Sept. 5 meeting accepted variance applications and scheduled Oct. 3 public hearings for an expanded cottage restoration at Lake Quassapaug, a garage rebuild on Richardson Drive and a new garage on White Avenue. Joseph L. and Elizabeth M. Molder’s variance application to rebuild a cottage and expand its footprint to 1,060 square feet from 784 square feet was unanimously accepted. Attorney Curtis Titus said cottage D-10 at 19 West Lake Road was part of a condominium association known as West Shore at Lake Quassapaug created by the Howard Whittemore family prior to 1959 when zoning was first established in Middlebury. Section 10.4 of the zoning regulations prohibits non-conforming structures from being expanded during reconstruction, and Section 11 contains R40-zone setback and area requirements
impossible for the closely spaced lots to meet. Titus said the hardship was a failure of Planning & Zoning (P&Z) to create a planned residential development for the lots when zoning went into effect. He said P&Z wants regulations before it grants permits, but the condo association is unwilling to spend the amount of money necessary to create them. Chairman Dennis Small told Titus to supply a copy of the condominium documents, stake out the lot for commissioner review and send notification letters to all homeowners in the association. Jeffrey Bette and Melissa Parisi’s application for a sideline variance to extend the footprint of a detached garage at 48 Richardson Drive was unanimously accepted. Parisi told commissioners the 18-by-18-foot garage built in the 1930s was dilapidated and needed to be torn down. She said the proposed 28-by-22-foot replacement garage is the typical size of modern garages and would require a variance with
the hardship being bedrock behind the garage and an alternative placement could not use the existing driveway. Marc and Beverly Dassonville’s application for a setback variance for a 12-foot-wide garage at 101 White Ave. was unanimously accepted. Marc told commissioners alternative placements were not feasible due to decking and the position of the house. Parisi and Dassonville were told to send notification letters to adjacent homeowners and stake out their garage footprint for commissioner review. In executive session, attorney Steve Savarese brought commissioners up to date on litigation involving the April 7, 2010, ZBA denial of a frontage variance for a landlocked lot on Birchwood Terrace owned by Rolando Trocchi. The next regular ZBA meeting is Wednesday, Oct. 3, at 7:30 p.m. in Room 26 at Shepardson Community Center.
Monday night the Region 15 Board of Education (BoE) discussed bylaws revisions, allowing the public to speak at its meetings and a self-assessment review administered by Robert Rader, the visiting executive director of the Connecticut Association of Boards of Education (CABE). The BoE did not discuss choosing a new youth counseling service agency to serve Region 15. Counseling services were put out to bid in June, and the previous provider, Southbury/Middlebury Youth and Family Services, closed its doors Aug. 3. Since the last time the BoE reviewed the “By-Laws of the Regional Board,” the board’s attorney suggested some structural and linguistic changes and reworded the bylaws to establish a better understanding of quorums, voting procedures and Robert’s Rules. Chairman Janet Butkus of Southbury reviewed the revised articles, allowing board members to comment and suggest further changes. Issues remained regarding specific voting definitions and procedures. Member Steven Suriani of Southbury questioned the divide between the votes of Mid-
dlebury and Southbury members. The bylaws say, “All voting by the Board of Education shall be by ‘weighted vote,’ with each member of the board having a weight attached to such member’s vote equal to the proportion that the population of such member’s town bears to the total population of the school district.” (Article I, Section 3 – Voting). Executive Secretary to the Superintendent Gretchen Usawicz said based on the state’s February census, the weighted vote for Middlebury voters is .66 and for Southbury voters is 1.23 and will remain so for the next 10 years. Member Francis Brennan of Middlebury said the rewrite of the voting section appears to override state statute. “It is an assembly of details reserved for state statute. We are basically an uncomplicated operation. We’re weighted. As President Clinton said,” he quoted, lifting his finger high and aiming it in Butkus’ direction, “‘It’s arithmetic!”’ Further concern arose regarding the community’s ability to communicate with the BoE – specifically the bylaws section on public address. Article IV, Section 5 states “The board reserves the right, at the discretion of the chairperson, to limit citizen par-
ticipation in board meetings to agenda items.” “When does the public ever have the opportunity to address the board than at a board meeting? And if we limit their subjects only to agenda items, then we are isolating the public from the board,” member John Bucciarelli of Southbury said. Butkus disagreed, saying the limitation was a means of retaining order and control over the meetings. “If you know you’re having a very specific meeting about a very specific topic, and that’s what the board wants to focus on, it’s not inappropriate to limit comments.” She argued there are plenty of opportunities where unlimited commentary by the public is permitted. Brennan agreed with Bucciarelli, saying he does not believe the chairman should have the discretion to restrict public comment. “The chair can call a citizen out of order. That is already in Robert’s Rules. But to limit them just to the agenda is a reduction of freedom of speech,” Brennan said. Butkus held the existing practice is “very common on Connecticut Boards of Education.”
– See BoE on page 5
Library Happenings............2 Nuggets for Life................6 Obituaries.........................5 Parks & Recreation............6 Puzzles.............................7 Region 15 Calendar..........3 Senior Center News...........3 Varsity Sports Calendar......6
Editorial Office: Email: mbisubmit@gmail.com Phone: 203-577-6800 Mail: P.O. Box 10, Middlebury, CT 06762 Advertising Sales: Email: mbiadvertising@gmail.com
Upcoming Events
Inside this Issue Book Review.....................2 Adoptable Pets..................8 Classifieds.........................7 Community Calendar.........2 Computer Tip....................8 Fire Log.............................2 In Brief..............................4 Legal Notices....................7
Friday & saturday
Sept. 14 & 15
SUNDay
Sept. 16
Naugatuck Harvest Moon Festival
When: 10 a.m. to 8 p.m. What: Fair sponsored by and to support the Boy Scouts Where: Naugatuck Green on Church Street in Naugatuck
St. John of the Cross Apple Harvest Festival When: 9 a.m. to 4 p.m. What: Food, games, tag sale and more Where: Shepardson Community Center in Middlebury
Extend your garden enjoyment.
Page 8
Our office is at
2030 Straits Turnpike, Suite 1
203-577-6800
Mail: P.O. Box 10, Middlebury, CT 06762 Published weekly by The Middlebury Bee Intelligencer Society, LLC - 2030 Straits Turnpike, Middlebury, CT 06762 - Copyright 2012