Middlebury Bee 050914

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“Biology is the least of what makes someone a mother.” ~ Oprah Winfrey

Bee Intelligencer

FR EE

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

Informing the towns of Middlebury, Southbury, Woodbury, Naugatuck, Oxford and Watertown AN INDEPENDENTLY OWNED FREE COMMUNITY NEWSPAPER

Volume X, No. 19

Friday, May 9, 2014

Referendum results*

Regional School District 15 proposed 2014-2015 budget

YES

NO

Middlebury........................................................... 419........................... 754 Southbury........................................................ 1,501........................ 1,574 Totals........................................................ 1,920.................... 32,328

Middlebury voters only

YES

NO

Town Budget..................................................... 3591........................... 582 Leash Ordinance.............................................. 3874........................... 293 *Preliminary numbers

P&Z OKs land acquisition Says new business needs certification By TERRENCE S. MCAULIFFE The Middlebury Planning and Zoning Commission (P&Z) at its May 1 meeting recommended acquisition of Benson Road property in lieu of taxes owed, approved a cottage rebuild on Lake Quassapaug, and questioned zoning compliance of a new pizza restaurant. A proposal by Baker Residential Limited Partnership for the Town of Middlebury to acquire 33.1 acres of commercial property on Benson Road in lieu of taxes owed was unanimously approved, and an 8-24 referral letter was sent to the Board of Selectmen (BoS). Town Attorney Dana D’Angelo told commissioners the BoS was required by Connecticut State Statute Section 8-24 to obtain P&Z endorsement of major capital acquisitions prior to expenditures of public money. She said Baker owed $75,925.07 on property currently appraised at approximately $200,000 by Kloss Appraisal Associates. The property is in the Oxford Airport Enterprise Zone and contains about five to 10 usable acres fronted on Benson Road with the rest unbuildable wetlands. D’Angelo said the parcel was not connected to the nearby Brookside development, although both were acquired by Baker in 2003 at a sales price of $3.5 million, according to the

online assessor’s website. With P&Z endorsement, the BoS can bring the land acquisition proposal to a town meeting for approval. (Editor’s note: See related story on Board of Selectmen approval of the acquisition.) Joseph and Elizabeth Molder’s site plan application to rebuild a cottage at 18 West Lake Road was unanimously approved with the stipulations a table of existing, allowed and proposed lot coverage be added to the plans, the finished basement be limited to 645 square feet, and town engineer approval be obtained prior to construction. Attorney Curtis Titus told commissioners, “It’s been a long road,” referring to more than a dozen land-use meetings dating back to January 2011 that ultimately resulted in a new section 25 of the zoning regulations. Those regulations allow owners of the 26 cottages in the West Shore at Lake Quassapaug Condominium Association (HOA) to rebuild or expand them with up to 30 percent larger building footprints with open porches not included in the calculations. More than $1 million worth of property improvements were undertaken by the HOA, including sewers, electric systems, community water and road widening, allowing the mostly summer cottages to be used year round.

– See P&Z on page 7

Brass City Ballet Ribbon Cutting

​ reparing to cut the ribbon at Brass City Ballet's new dance studio last Friday are, left P to right, Brass City Ballet s​ t​ udents Gabrielle Harris and Sara Gilchrist, Waterbury Regional Chamber Membership Director Cathy Dalton, Brass City Ballet Associate Arts Director Christine Harris, Brass City Ballet Artistic Director Elizabeth F. Barisser, Arts​ and Culture Collaborative Administrator Diane Ploch, Middlebury First Selectman Ed St. John and Brass City Ballet Student Sasha Biagiarelli. ​The new studio is at 1255 Middlebury Road in Middlebury.​ ​(John DiCarlo photo)​

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

Library Happenings.......... 2 Obituaries....................... 5 Puzzles..................................7 Region 15 School Calendar....3 Senior Center Events....2, 3 Sports............................. 6

Town may take land in lieu of taxes By MARJORIE NEEDHAM At their Monday night meeting, the Middlebury Board of Selectmen (BoS) voted to bring to town meeting an offer to Baker Residential Limited Partnership for the town to acquire 33 acres, more or less, of undeveloped land on Benson Road in lieu of the $75,109.02 Baker owes in unpaid taxes on the property. First Selectman Edward B. St. John said Wednesday this is the first time the town has proposed acquiring land for the back taxes owed on it. “We did it because it is located in an industrial area across from Chemtura. It’s a great location for a business to come in and set up business,” he said. The land also is close enough to Oxford Airport that it is in the new enterprise zone. The enterprise zone was approved by the Connecticut Airport Authority in August 2013 and is designed to attract business growth and development in the area. Governor Dannel Malloy was quoted in a September 2013 press release as saying, in part, “The creation of this zone will drive business growth in the area, spur increased development and create new jobs in our state.” The press release listed two business incentives associated with the new enterprise zone. Subject to certain conditions, a five-year, 80-percent abatement of local property taxes on real and personal property was one, and the other was a 10-year, 25to 50-percent credit on a portion of the state’s corporation business tax. St. John said acquiring the property would give the town an opportunity to sell it to recoup its losses on the unpaid taxes. He said the property also would tie in perfectly with the tax incentive program for new or improved businesses that was created by the town’s Economic and Industrial Development Commission. “We are trying desperately to expand our commercial and industrial (tax) base,” he said. The property was acquired in 2003 along with land Baker acquired for its Brookside development. The development got built out, but this piece of property sat idle. Tax Collector Jean Dawes said Baker stopped paying

In this aerial view, the potential land acquisition can be seen in relation to Chemtura and Brookside. (Terrence McAuliffe photos) taxes on the property in 2009. She said she sent Baker past-due notices, but the notices were ignored. It’s possible Baker stopped paying because a large portion of the land is wetlands, and Baker believed nothing could be built there. The idea of acquiring the property was first discussed in an executive session at the April 7, 2014, BoS meeting. Invited into that executive session were attorneys Robert Smith and Dana D’Angelo, Tax Assessor Chris Kelsey, Dawes and Town Engineer John Calabrese. Following that meeting, as reported in the accompanying Planning and Zoning Commission (P&Z) article on this page, Town Engineer John Calabrese toured the property and determined five to 10 acres that front on Benson Road are buildable.

Once that determination was made, the matter was referred to P&Z because state statute requires the commission’s approval of such a proposal before it can go to town meeting. That approval was given at the May 1 P&Z meeting, freeing the BoS to move the proposal forward at its Monday night meeting. The next step in acquiring the property is a town meeting at which residents may vote for or against the acquisition. That date would be sooner rather than later because the BoS resolution said the property transfer was to be complete by June 30, 2014. St. John said Wednesday a town meeting date had not yet been set but it may be as early as Monday, June 2, after the regular 6 p.m. BoS meeting.

Bunker Hill Boy Scout Troops 283/11 Mother’s Day Pancake Breakfast

Inside this Issue Adoptable Pets................ 8 Book Review................... 2 Classifieds....................... 7 Community Calendar....... 2 Fire Log........................... 2 In Brief............................ 4

The 33 or so acres the Town of Middlebury may acquire from Baker Residential Limited Partnership as seen looking westward from Benson Road. PIC is to the left, Water Pollution Control Authority pumping station No. 3 is to the right, and Brookside houses can be seen in the background.

saturdaY

May 10

What: When: Where: Info:

Pancakes, sausage, juice, coffee and milk 8 to 11 a.m. The Stadium Restaurant at 550 Chase Ave. in Waterbury Tickets $5 per person, children under 3 free. Scouts will cook and serve. Fundraiser for new camping equipment for the troop.

Mother’s Day Garden Boutique

What: Middlebury Garden Club plant, handmade gifts and garden books sale When: 10 a.m. to 2:30 p.m. Where: The Shoppes at 1365 Whittemore Road in Middlebury

friDAY

May 16

Benefit for Homes for the Brave (for women veterans) What: When: Where: Info:

Spaghetti dinner (salad, spaghetti and meatballs) 12 to 7 p.m. Le Bobadel at 819 Straits Turnpike in Middlebury. Tickets: $10 for adults, $8 for students and seniors, free for children 7 and younger.

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