#MIDDLEBURY
By TERRENCE S. MCAULIFFE
The Middlebury Planning and Zoning Commission (P&Z) at its July 7 meeting unanimously approved a garage for a cottage at Tyler Cove. It also accepted an application for a car wash on Straits Turnpike and discussed a proposed popcorn shed at Quassy Amusement Park.
In his site plan review for the Tyler Cove garage, attorney Michael McVerry told commissioners, “This is the conclusion of a long process in the Nybakken’s attempt to build a garage on their property.” Cottage expansions in the 38-unit Tyler Cove community at Lake Quassapaug were made possible by a new section of the zoning regulations approved in August 2015. That 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.
The new regulation demarcated lot lines to be the same as the unit boundaries and common areas defined in condominium declarations, and it specified rules for expansions and additions. McVerry said the Nybakkens received a variance May 4 from the Zoning Board of Appeals for a two-story 24-by-24-foot garage at 10 Tyler Cove with the second floor limited to storage. McVerry told Commissioner Paul Babarik the second story had a separate exterior entrance.
An application by Maxxwell Sunshine LLC for a car wash at 2160 Straits Turnpike was unanimously accepted, and a public hearing was scheduled for Aug. 4. Attorney McVerry, representing Patrick Bayliss d/b/a County Line Carriage Inc. for the former Suzuki dealership at that address, reminded commissioners the zoning regulations had been amended March 3 to allow the business as an accessory use to an auto dealership with the stipulation the car wash design not allow stacking of vehicles onto the public right-of-way and not allow hazardous conditions such as ice onto the public right-of-way.
In other matters, commissioners discussed building footprint calculation issues for a popcorn shed that was proposed and then withdrawn by Quassy Amusement Park. Chairman Terry Smith told commissioners he wanted to talk about it for future reference because the proposed shed had a large cantilevered roof.
Town Engineer John Calabrese posed the zoning question, “Does the cantilevered roof count in the setback or not?”
“It says as measured by the exterior dimensions of the building, which includes cantilevers,” answered Commissioner William Stowell, reading from the zoning regulations.
“A cantilever is anything three feet or more,” added Zoning Enforcement Officer Curtis Bosco, “like in a raised ranch.”
In enforcement matters, Bosco said he now receives a dust control report every morning from Toll Brothers for the Ridgewood condominium project. “They got the message,” he told Smith, referring to the suspension of building permits approved by the commission June 2 after more than a year of residents’ complaints. Bosco said the troublesome dirt road had been covered with gravel and rolled with a paving machine, and other areas had been hydroseeded. He said the developer was paying the water bill for condo owners hooked up for the watering.
The next regular P&Z meeting will be Thursday, Aug. 4, at 7:30 p.m. at Shepardson Community Center.
