By TERRENCE S. MCAULIFFE
The Middlebury Planning and Zoning Commission (P&Z) on July 2 postponed a review of the Plan of Conservation and Development (POCD) to Aug. 6 and set hearings for the same date for an application to change zoning regulations to permit crematoriums and for continuance of the public hearing on zoning regulations for Tyler Cove. It also informally discussed the possibility of outdoor dining at Ceviche Restaurant.
The public hearing on the final draft of the POCD was tabled until Aug. 6. Acting Chairman Bill Stowell said Chairman Terry Smith, who was absent, wanted to be present for that discussion and possible vote.
An application by Raymond and Panagiota (Penny) Albini to amend the zoning regulations to allow a crematory as a permitted use in the LI-200 zone was accepted for public hearing Aug. 6. The Albini family purchased a 33-acre commercial lot from the town after the sale was unanimously approved in a June 1 Special Town Meeting. The lot, with about five to 10 usable acres fronting on Benson Road and the rest unbuildable wetlands, was acquired by the town in June 2014 from Baker Residential in lieu of $75,925.07 taxes owed. The family owns the Albini Funeral Home in Waterbury.
The public hearing on a proposed new section of the zoning regulations for the Tyler Cove community at Lake Quassapaug was continued until Aug. 6 for commissioner review and further comments. Attorney Michael McVerry, representing Tyler Cove Association trustees George and Diana Nybakken, said the changes were necessary so a garage could be added to their property. McVerry said the Nybakkens were denied a permit for the garage in 2006 and lost an appeal brought to Superior Court.
He said the proposed new section would follow a successful effort by the West Shore Homeowners Association to establish regulations allowing cottage expansions in the lake community. Those regulations, adopted in November 2013, allow owners of the 26 cottages in that condominium community to rebuild or expand dwellings with up to 30 percent larger building footprints. Open porches are not included in the calculations, and additional impervious areas are prohibited unless approved by the Conservation Commission.
McVerry said Tyler Cove consists of 38 units on 16.5 acres in an R-40 district with unit boundaries and common areas defined in condominium declarations written in 1988 after the land was sold in 1987 by the Tolles family to the Tyler Cove Corporation. The condominium is governed by an executive board in much the same manner as West Shore.
He said the proposed new section would be specific to the requirements of Tyler Cove and would use the limited common areas as building lines. In comments from commissioners, Erika Carrington cautioned about “wiggle room” in calculations, referring to a November 2014 West Shore cottage expansion issue. Stowell said commissioners would have time to review the material because he was planning to table any decision until the next meeting to answer concerns from town planner Brian Miller about the regulations conforming to Connecticut General Statutes.
Commissioner Matthew Robison asked McVerry to confirm the association was in favor of the zoning amendment and was told a letter from Sheila Powers, president of the Tyler Cove Association, accompanied the application. Stowell asked whether all Tyler Cove homeowners were aware of the change, referring to the November 2014 West Shore dispute, and was told by resident Mary Ann Daukas the letter came from a meeting of only the executive board. Stowell then asked McVerry to supply minutes of the owners’ annual meeting where the zone change was said to have been openly discussed.
In comments from the public, Jean Peterson of Tranquility Road voiced concern about Tyler Cove having too much density and impervious surfaces on nonconforming properties with limited wells and septic systems. She praised Daukas for purchasing the lot next door for her garage, and she said the Nybakkens appeared to have enough room for a garage on their lot, but she criticized a three-stall garage with an apartment above it, worrying the association might permit more such structures. She recommended owners wishing to add garages purchase an adjoining lot, to which McVerry replied most don’t have the means. He added the proposed regulations simply provided a process with rules and did not themselves grant approvals.
An informal discussion by Ceviche Restaurant of Village Square at 530 Middlebury Road about adding a patio for outdoor dining led to a recommendation by Stowell that a plan be developed to overcome issues with parking. McVerry, representing the restaurant, told commissioners the proposed 21-by-21-foot patio would eliminate three parking spaces in front of the restaurant, one of them for handicap access.
Town Engineer John Calabrese questioned the elimination of parking spaces and said the additional seating might require more parking. Stowell said regulations require dining to be 8 feet away from parking, and he questioned the separation of dining and travel ways.
In other business, a special joint meeting July 28 between P&Z and the Economic and Industrial Development Commission was unanimously voted. The meeting was to feature Hiram Peck, Simsbury Director of Planning, on the definition and enforcement of architectural standards.
The next regular P&Z meeting will be Thursday, Aug. 6, at 7:30 p.m. at Shepardson Community Center.
