By TERRENCE S. MCAULIFFE
The #Middlebury Planning and Zoning Commission (P&Z) at its April 7 meeting unanimously approved an outdoor patio at the Ceviche Latin Kitchen restaurant at 530 Middlebury Road; a request by Middlebury Land Development LLC, developer of Benson Woods, to affirm the original project density calculation with a text amendment in the zoning regulations; and an accessory apartment for a house at 233 South St.
Attorney Michael McVerry told commissioners the Ceviche patio in a corner grassy area in front of the restaurant would cause relocation of one handicap parking space. During an informal discussion of the patio in July 2015, commissioners commented on the loss of parking spaces and the need to separate dining and travel ways.
McVerry said the proposed 23-foot-by-17.5-foot patio would be surrounded by a 4-foot masonry wall with stone veneer and wrought iron top, making the outside dimensions 26 feet by 19 feet. Existing covered pedestrian walks and stairs in front of the building would remain.
Patrons would enter the restaurant first and then be seated in the patio by wait staff. He showed letters of approval from the Economic and Industrial Development Commission, fire marshal, police chief, and the Torrington Area Health District, and a letter indicating there would be no wetlands impact.
In approving the patio, a stipulation was made at the suggestion of Commissioner William Stowell to place bollard posts as protection from vehicle intrusion.
Attorney Jennifer Yoxall, speaking for Benson Woods, told commissioners permits for the project, a planned residential development (PRD), had been approved in 2001 and renewed in 2007. She said that, despite marketing efforts, the homes sold slowly due to the difficult economy and much development remained to be done.
She said density calculations for the PRD were based on dividing 40,000 square feet into the total acreage, allowing 79 units, but an amendment in 2002 changed the divisor to an acre, or 43,560 square feet. Professional engineer Mark Riefenhauser of Smith and Company said the density change would reduce the number of homes to 72 from 79. Yoxall asked the text be amended to make it clear Benson Woods was approved for construction of 79 homes and approval of that number had not changed.
Chairman Terry Smith said a letter from the Naugatuck Valley Council of Governments questioned the need for a text amendment when the original permits had been continually renewed, but Yoxall said she wanted to remove any question as to whether the original development plan was valid going forward. “This only pertains to projects that have already been approved. All we’re doing is maintaining the status quo. This is not allowing new development, but only continuing what everyone thought would be in town,” Yoxall said.
In a resolution approving the text change, Smith said the development was consistent with Middlebury’s Plan of Conservation and Development and preserved significant amounts of open space and environmental features.
The South Street property owner, Vincent Graziano, told commissioners the proposed accessory apartment would above a three-car garage in space originally intended for a master suite. He said his in-laws sold their home, moved to Florida, and needed a place to stay when they came back to visit. He said the septic system had been tested and leach fields installed to handle any failure. There is no separate outside entrance, and the appearance of the house is unchanged. Graziano said the only change to the original suite plans was addition of a kitchen facility. He also said his driveway was big enough to handle the parking.
The next regular P&Z meeting will be Thursday, May 5, at 7:30 p.m. at Shepardson Community Center.
