Middlebury Bee January 2015

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“Cheers to a new year and another chance for us to get it right.” ~ Oprah Winfrey

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Bee Intelligencer AN INDEPENDENTLY OWNED FREE COMMUNITY NEWSPAPER

Informing the towns of Middlebury, Southbury, Woodbury, Naugatuck, Oxford and Watertown

www.bee-news.com

Volume XI, No. 1

January 2015

P&Z hearings move to January By TERRENCE S. MCAULIFFE The Middlebury Planning and Zoning Commission (P&Z) at its Dec. 4 meeting continued two public hearings, discussed possible regulation changes at Tyler Cove, and obtained a permit for unauthorized excavation on Middlebury Road. At its Nov. 6 meeting, the commission approved renewal of an excavation and grading permit for Middlebury Land Development LLC for Benson Woods and a Quassy Amusement Park site-plan modification to add a snack bar, candy store, two water slides and a new maintenance building. Also, in response to a request from attorney Stephen Savarese, they agreed to write a letter to the Connecticut Siting Council opposing the proposed CPV Towantic Energy Center at Oxford Airport that would be 500 feet from the Middlebury town line. In December, the commission continued until Jan. 8 a decision on changes to Section 22.7 of the zoning regulations for calculating the resale of affordable housing in the Brookside development. Town attorney Dana D’Angelo requested the continuance, saying written comments from the Naugatuck Valley Council of Governments (COG) had not yet been received. The commission had decided at its November meeting it would allow surrounding towns to comment on the proposed changes before proceeding. The affordable housing regulations, originally worded for the Steeplechase subdivision, were applied to Brookside in 2003. Attorney Michael McVerry told commissioners in November it took about eight months to sell such a house last year because the formula in the Brookside property declaration was not part of the regulations. D’Angelo said her proposed change would clean up the wording and tie it to Connecticut state statutes. The change also would broaden the definition of moderate income from the Waterbury metropolitan statistical area

to the more general Litchfield and New Haven County statistics. Also continued until Jan. 8 was a public hearing for a special exception for a 4-foot-by-8-foot sign at the former Golden Age of Trucking Museum at 1067 Southford Road because the new owner, Dr. Dean Yimoyines, d/b/a JSD Partners LLC, did not appear. At the November meeting, commissioners approved a change in use to warehouse and retail space. Yimoyines told commissioners the majority of the building would be used by Middlebury Consignment as warehouse space to process shipping and receiving, with some sales made out of the front of the building. He was told at that meeting to apply for a special exception for the sign, which he said was needed to guide people to the building. In an informal discussion with commissioners, D’Angelo said McVerrry advised her that residents of the 38-unit Tyler Cove Association would be seeking to change the zoning regulations applicable to their Lake Quassapaug condominium community. She said this might be a good time for the commission to review and possibly clean up controversial parts of the Lake Quassapaug Preservation District regulating the nearby West Shore Homeowners Association (WSHA). The preservation district, known as Section 25 in the zoning regulations, was adopted in November 2013 for the 26-unit WSHA to permit limited cottage expansions, but those regulations were later said to be flawed by commissioner Erika Carrington and others because of inconsistencies in the “before” and “after” calculations used to determine square footage. Those inconsistencies were discussed at the November meeting when commissioners denied without prejudice an application to expand a 1,161-square-foot seasonal cottage at 2 West Lake Road on Lake Quassapaug. Commissioners were assured by WSHA president John Butkus that

– See P&Z on page 3

Armed robber hits Sullivan’s Jewelers Middlebury Police Chief James Viadero said a male wearing a dark hoodie, black ski mask and gloves, and carrying a duffle bag entered Sullivan Jewelers at 403 Middlebury Road in Middlebury Thursday, Dec. 11, at approximately 6:45 p.m. He produced a black handgun, ordered the employees onto the floor and began removing items from a jewelry tray. The man was very calm and stressed he would not hurt anyone. Prior to exiting the store, he smashed a glass jewelry case and removed additional jewelry. Store employees described him as being of medium build, possibly in his mid-twenties and white, which was observed through a portion of the mask that exposed his eyes. Middlebury Police asked the

Connecticut Sate Police Major Crimes Unit to assist in processing the crime scene for forensic evidence. Officers from the Middlebury Police Department were conducting a canvas of the area and are in the process of obtaining possible video footage from area businesses. No vehicle information was provided by witnesses. An undetermined amount of jewelry was taken, and an inventory will be conducted by the owner upon completion of the scene processing. Anyone with information is asked to contact the Middlebury Police Department at 203-5774033. All information will be kept confidential. All employees present at the time of the incident were unharmed. The incident occurred just prior to the normal closing time of 7 p.m.

Saturday & Sunday

Inside this Issue Book Review................... 2 Senior Center Events....2, 3 Classifieds....................... 7 Diversified Tax Tidbits....... 5 Community Calendar....... 2 This is a Hammer............. 7 In Brief............................ 4 Varsity Sports Calendar.... 6 Library Happenings.......... 2 Winning Ways................. 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

Adoptable Pets................ 8 Obituaries....................... 5

Jan. 3 & 4

State Sen. Joan Hartley speaks at a press conference on the Towantic Energy Center Monday at Oxford Airport. Also speaking were, left to right, State Sen. Joe Crisco, flight instructor Burt Stevens, pilot Vince Calio and pilot Tracy Anastas. Middlebury First Selectman Ed St. John is behind Hartley.

Power plant a risk to aviation By MARJORIE NEEDHAM Monday, Dec. 29, State Sen. Joan Hartley told a group of about 60 people the Federal Aviation Administration (FAA) has released information showing the proposed Towantic Energy Center’s administrative building will pose a hazard to air traffic at Oxford Airport. The power plant to be built by Competitive Power Ventures (CPV) also was designed with two 150-foot high stacks. It will be roughly a half mile from the airport. Hartley said an FAA letter dated Nov. 17, 2014, was sent to CPV’s project manager, Andrew Bazinet. It said the FAA conducted an aeronautical study and found the structure “is presumed to be a hazard to air navigation.” The FAA said CPV could resolve the plant’s issues by reducing the structure’s height to 46 feet above ground level from 52 feet above ground level. Other options are further study that includes public comment and could last up to 120 days or a request to terminate the study. CPV has 60 days from the date of the letter to resolve the issue. If it does not do so, it will have to reactivate the study by filing a new FAA Form 7460-1. Hartley and other speakers stood in front of a chain link fence in the parking lot of the 121 Restaurant at 7 Juliano Drive in Oxford. On the other side of the fence, several single-engine airplanes belonging to the Oxford Flying Club waited for their pilots. Hartley was joined by State Sen. Joe Crisco and Middlebury First Selectman Ed St. John, along with Master Certified Flight Instructor Burt Stevens, pilot Vince Calio (a member of the Flying 20’s Flying Club in Danbury) and pilot Tracy Anastas, who frequently flies out of Oxford Airport. Stevens expressed concern for student pilots who would be flying about 700 feet above the power plant. Although he would tell his students to avoid flying into the plumes from the power plant stacks, he was concerned a pilot from another area might not know about the plumes. He said they could get their plane into an unusual attitude and be unable to recover before crashing the plane. “I’m not concerned with the physical height of the stacks,” he said. “I’m concerned with what is coming out of the stacks, with

Attorney Steven Savarese, left, and Ray Pietrorazio, both of Middlebury, were representing Middlebury’s interests at the Monday press conference along with Middlebury First Selectman Ed St. John (not shown). (Marjorie Needham photos) the velocity and the volume.” He said the turbulence caused by the effluent is much more significant for small planes like those he uses for instruction. Anastas said having the power plant near the airport will affect how she flies into and out of the airport. When she circles to land, if there is low cloud cover and she comes down through that cover as she is flying over the stacks, she said the turbulence from the stacks could force the plane back up into the clouds and she would have to go around again. Barbara Berg, a resident of Oxford Greens, said, “We’re here with our walkers and our

canes. We’re opposed to the plant for safety and health reasons.” Thursday, Jan. 15, members of the Connecticut Siting Council will be in Oxford at 3 p.m. for a field review of the Towantic Energy Center site on Woodruff Hill Road and then will hear public comments in the auditorium at Oxford High School at 6:30 p.m. They also will hear cross examination by parties and intervenors who have submitted testimony in advance (by Jan. 8, 2015). The cross examination will start before the public comments period and continue after it.

St John of the Cross Bottle Drive

What: Bottle and can drive to benefit Mission Trip 2015 When: Saturday from 9 a.m. to noon; Sunday after all masses Where: St. John of the Cross Parish House at 1321 Whittemore Road in Middlebury

MVFD chooses poster contest winners

Special Town Meeting

MOnday Jan. 5

THURSday Jan. 15

What: When: Where:

To appropriate $80,000 to Reserve Account 30-71-00-6092 Reserve for Professional Services from Reserve Account 30-71-20-6092 Reserve Account for Town Facility Improvement/Land/Open Space from the Open Space balance. 6:30 p.m. Shepardson Community Center, Room 26, 1172 Whittemore Road, Middlebury

Connecticut Siting Council Towantic Energy Center Field Review and Hearing What: When: Where:

As part of the approval process, the Connecticut Siting Council will visit the site of the proposed Towantic Energy Center and then hear public comments. 3 p.m. for site visit; 6:30 p.m. for public comments Woodruff Hill Road in Oxford for the field review; Oxford High School auditorium for public comments

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