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Prst. Std. U.S. Postage Paid Naugatuck, CT #27

“I ask not for a lighter burden, but for broader shoulders.” ~ Jewish Proverb

FR EE

Bee Intelligencer Informing the towns of Middlebury, Southbury, Woodbury, Naugatuck, Oxford and Watertown A FREE COMMUNITY NEWSPAPER

Volume VIII, No. 51

P&Z approves Whittemore Crossing in split vote, confirms Ridgewood approvals for Toll Brothers By TERRENCE S. MCAULIFF The Middlebury Planning and Zoning Commission (P&Z) on Dec. 6 approved a Woodland Road property zone change to commercial, which will allow expansion of Whittemore Crossing, but postponed an unrelated decision on Whittemore Crossing site plans. It also approved a Middlebury Road sign redesign, set public hearings for two car dealer sign applications and for outdoor dining at Pies and Pints, approved zoning changes permitting restaurants in Light Industrial (LI-200) zones, told representatives of Toll Brothers construction permits for Ridgewood were good until 2019, authorized the Board of Selectmen to pull a Long Meadow Farm bond if it were not renewed and named Town Planner Brian Miller as interim zoning enforcement officer. In a split vote, Commissioners Terry Smith, William Stowell and Chairman Curtis Bosco voted to rezone part of Tara Perrotti’s property at 86 Woodland Road to CA40 from R40 while Commissioners Erika Carrington and Matthew Robison opposed the change. Bosco said Perrotti, a former P&Z alternate, resigned from the commission after she moved to Waterbury. In his motion to approve the change, Stowell said “It helps Middlebury in continuing to develop a diversified economic base of service, industrial and retail businesses consistent with the planned character of the town and is in conformance with the Plan of Conservation and Development (POCD).” In comments opposing the change, Robison questioned a one-off zone change without the context of a complete plan. Attorney Michael McVerry said 1365 LLC, a Dr. Dean Yimoyines company that owns Whittemore Crossing, had just purchased Perrotti’s 1.5-acre parcel south of Junipers Restaurant and Whittemore Crossing, answering concerns about ownership raised Nov. 1 by Stowell. He presented redrawn maps illustrating the area of Perrotti’s property to become commercial and the strip along Woodland Road that was to remain residential in response to neighborhood concerns. He said the additional commercial land would help solve parking issues at Whittemore Crossing and might allow for further construction. In addition, McVerry said Yimoyines was in negotiations to purchase contiguous commercial properties held by Rte. 188 Investors LLC and Five Star Development LLC, companies owned by Joseph DeSantis. That land runs along Mid-

dlebury Road (Route 64) and if it also were purchased, Yimoyines’ property would go from Whittemore Road to Middlebury Road (Route 64) and allow him to complete development in what is known as the Judd’s Corner district. During the public hearing, Woodland Road resident Rachel Bashevkin summarized concerns about expansion, noise and encroachment heard in the two previous public hearings. She worried about people using Woodland Road as a short cut and predicted confusion from drivers entering the neighborhood from faulty GPS directions. Attorney Michael Broderick, representing Junipers Restaurant owner Baylis Properties LLC, said the rezoning was not part of Middlebury’s Plan of Conservation and Development (POCD), did not benefit the community as a whole and overburdened access and drainage easements. McVerry said barricades to entry should be addressed in a future site plan and said GPS problems should not occur once the 86 Woodland Road address disappears from maps, saying Whittemore Crossing would have a Route 188 or Route 64 address. He said existing easements were being used, and drainage ran into existing streams on the property. Bosco said he didn’t see the change as “spot zoning” because it brought larger commercial properties together. Voting on an unrelated site plan modification for Whittemore Crossing was continued to Jan. 3 to wait for details of a landscaping buffer plan to adjoining Saint John of the Cross Parish House property. In what he called housekeeping, McVerry showed commissioners a notice confirming Conservation Commission approval, Nov. 27 meeting minutes showing Economic and Industrial Development commission approval and a memorandum from Five Star Development LLC confirming a drainage easement onto its property. Dr. Richard Smith’s special exception for a 40-square-foot, 14.7-foot-high internally illuminated sign for his dental office at 415 Middlebury Road was unanimously approved. Commissioners agreed the unique location of the sign and the obstruction of greenway bushes justified a size greater than the 25-squarefoot size and 10-foot height permitted in the regulations. Zoning regulation amendments to permit a restaurant in the 199 Park Road LI-80 light industrial zone were unanimously approved. The amendments were requested by Robert

Friday, December 14, 2012

Middlebury Police Toy Drive

Middlebury Police Explorers, left to right, Aiden Carlial, Max Baskins, Madison Conroy, Hunter Conroy, Colton Cronin, Dustin Hine and Jared Whitaker assist Middlebury Police Officers Otis Baskins, left, and Todd Adams, second from right, along with Acting Police Chief Richard Wildman, in collecting toys, food and cash donations Saturday at Dinova’s Four Corners store. Each year, the police drive aids those in Middlebury who don’t have the funds to celebrate the holiday. (Marjorie Needham photo)

ZBA accepts Mobil Mart application, postpones Lake Quassapaug cottage vote By TERRENCE S. MCAULIFFE The Middlebury Zoning Board of Appeals (ZBA) at its Dec. 5 meeting accepted a setback application for a Straits Turnpike service station expansion and closed the public hearing for a Lake Quassapaug cottage expansion without making a decision. Bruce Dessereaux, owner of the Mobil Mart at 750 Straits Turnpike, told commissioners a 45.4-foot front setback variance and a 2.1-foot rear variance would help him remodel and beautify his business. A proposed 23-by-24 foot expansion on the righthand side would add a private office and a place for a furnace and backup generator and allow him to remove a storage shed. He said the topography of the dogleg-shaped property was the hardship requiring a variance. The remodeled building would be of Colonial style like the Shell station in Watertown. He was told to notify neighbors of his plans by certified mail and to stake out the property for commissioner review. The public hearing for a variance for Joseph L. Molder and Elizabeth M. Molder to rebuild a Lake Quassapaug cottage and expand its footprint to 1,060 sq. ft. from 784 was closed, but no vote was taken. The hear-

ing had been continued from Oct. 3 to allow feedback from the West Shore Owner’s Association. Chairman Dennis Small said commissioners now have 30 days to make a decision. Attorney Curtis Titus, representing the Molders, said cottage D-10 at 19 West Lake Road was part of a condominium association created by the Howard Whittemore family prior to 1959, when zoning was first established in Middlebury. Current zoning regulations prohibit non-conforming structures from being expanded during reconstruction, and R40-zone setback and area requirements are impossible to meet for the closely spaced lots. Titus said the hardship was a failure of the Planning and Zoning commission (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 association is unwilling to pay the legal costs to create them. Titus explained that approvals for cottage reconstruction and expansion needed to come from both the association and the Town of Middlebury. He showed a letter from Building Official Ollie Leduc stating there was no town moratorium on appli-

cations for site variances and construction permits. Titus then said the association had been sent a formal request to rebuild the cottage, but had not acted on the request within 45 days as required by the association regulations, resulting in automatic approval. He added that neighboring cottage owners had provided letters of support to the Molders. Chairman Small told Titus he had failed to prove a hardship justifying a variance. Small used a property map supplied by Titus to show many smaller neighboring lots with cottage expansions on unchanged footprints and said the Molder’s lot did not have unique characteristics to prevent doing the same. He said the elderly Molder’s desire for a first-floor living area did not constitute a hardship. The public hearing was closed, but no vote taken to allow Titus to supply Connecticut case law for commissioner review. In other matters, members voted to continue to meet the first Wednesday of every month, but at the Town Hall conference room instead of Shepardson Community Center. The next regular ZBA meeting will be Wednesday, Jan. 2, 2013.

– See P&Z on page 5

Adoptable Pets................ 8 Classifieds....................... 7 Community Calendar....... 2 Fire Log........................... 2 In Brief............................ 4 Legal Notices.................. 7

Library Happenings.......... 2 Nuggets for Life.............. 6 Parks & Recreation.......... 6 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

saturday

Dec. 15

TUESday

Dec. 18

Middlebury Lions Club Luminaria Sales Fundraiser When: What: Where: Cost:

9 a.m. to 3 p.m. Luminaria kits with 12 white bags and 12 10-hour candles Middlebury Transfer Station $5 per kit

Middlebury Town Meeting

When: 7 p.m. What: Vote on two resolutions to issue bonds for the town Where: Shepardson Community Center Auditorium

Middlebury administrative manager leaving

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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


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