By TERRENCE S. MCAULIFFE
The Middlebury Planning and Zoning Commission (P&Z) on Aug. 6 approved new zoning regulations for Tyler Cove. It also approved an oversize sign on Straits Turnpike, extended a permit for a car wash on Southford Road, rescheduled a public hearing to allow crematoriums as a permitted use, and set a joint meeting with the Economic and Industrial Development Commission.
Cottage expansions in the Tyler Cove community at Lake Quassapaug may now be possible after unanimous approval of a new section of the zoning regulations. 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.
The new section was added at the request of George and Diana Nybakken, who were denied a permit for a garage in 2006 and lost an appeal brought to Superior Court. Attorney Michael McVerry, representing the Nybakkens, said the regulations were patterned after a successful effort by the West Shore Homeowners Association in 2013 to establish regulations allowing cottage expansions in their lake community. Commissioner William Stowell asked for an assurance the Tyler Cove Homeowners Association was behind the changes and was told by McVerry that minutes of the Tyler Cove Executive Board meeting would be submitted as a condition of approval.
Two monument signs larger than zoning regulations allow were unanimously approved for a new office building at 891 Straits Turnpike. Commissioners agreed the 140-square-foot signs blended aesthetically with the law office building located 78 feet from the road, did not block sight lines and were necessary due to the topography of the lot.
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Panagiota (Penny) Albini to amend the zoning regulations to allow a crematory as a permitted use in the LI-200 zone was withdrawn and then re-accepted for public hearing Oct. 1. McVerry told commissioners the zone change needed approval from the Naugatuck Valley Council of Governments. 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.
An extension to a special exception permit for a car wash, fuel station and convenience store in the Gateway Industrial Development District at 1000 Southford Road was unanimously approved. McVerry told commissioners the spike in gas prices after 2010 approval discouraged development, but his client is committed to developing the property.
The public hearing on the final draft of the long-awaited Plan Of Conservation and Development was tabled until Sept. 3. Chairman Terry Smith said he wanted to wait for absent town planner Brian Miller. He also wanted to give new member Joseph Drauss a copy of the draft for review. Commissioner Matthew Robison commented he wanted the document to clearly delineate the Middlebury Village District as those properties fronted on Middlebury Road and bordered by the entrance to Bristol Park and Ledgewood Park.
During the July 2 P&Z meeting, 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.
Also at the July 2 meeting, 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, speaking on the definition and enforcement of architectural standards.
The next regular P&Z meeting was to be Thursday, Sept. 3.
