#MIDDLEBURY
By TERRENCE S. MCAULIFFE
The Middlebury Planning and Zoning Commission (P&Z) at its Aug. 4 meeting continued a public hearing for a daycare facility at the Crossroads East plaza at 900 Straits Turnpike after questions arose about the play area’s size and safety. It also continued a hearing on an oversize sign at 40 Middlebury Road and approved a barn addition at Westover School and permit reapplications for Benson Woods.
Brian Panico from the Plantsville engineering firm Harry E. Cole and Son told commissioners the planned daycare would be in the upper level of the plaza. He said, based on the survey, there were approximately 41 more parking spaces than necessary on the entire site, allowing the proposed play area to take up five spaces with an additional two spaces to be striped for “no parking.”
Panico said approvals had been received from the Torrington Area Health District and the Conservation Commission, and comments from the fire marshal regarding safety and vehicle idling had been addressed. The play area will be enclosed by a 6-foot high vinyl fence with a self-locking gate and surrounded by concrete bollards, with “no idling” signs installed.
Commissioner Joseph Drauss questioned the effectiveness of concrete bollards in protecting the children from errant vehicles. Town Engineer John Calabrese suggested Jersey barriers as a better solution. Attorney Paul R. Jessell, representing Crossroads Middlebury LLC, asked Calabrese to document his safety concerns in writing so they could be addressed.
Chairman Terry Smith questioned the size and surface of the play area, saying the proposed 17.5-by-44-foot asphalt surface did not conform to the minimum half-acre grass play area in the zoning regulations, and Commissioner William Stowell requested written documentation of all site-plan approvals. Smith continued the hearing to Sept. 1.
An application by the law firm of Minnella, Tramuta and Edwards to position an oversize 5-by-5-foot cube sign at 40 Middlebury Road was continued until Sept. 1 so the commission could get a legal opinion on the increased nonconformity. The building was formerly occupied by the accounting firm of Kelley & Company. Attorney Michael McVerry told commissioners the proposed sign would be set back up on the hill 78 inches off the ground and not represent site line issues. He said that location was the only reasonable place for the sign given the large parking area.
Commissioner Matthew Robison said, “Usually there are pretty strong arguments for why we should be making a special exception. I don’t really see one here. Kelley and Company may have been a much smaller outfit with a professional type of business and did well with the signage they had, which seemed to be more in keeping with that location.”
Site plans for an 819-square-foot addition to a barn at Westover School were unanimously approved. Curt Smith of Smith and Company and Jeff Galusha, a Westover employee, told commissioners school renovation plans would move classrooms into the current maintenance building, relocating the maintenance operation to an existing barn on the property. Water, sewer, and electrical service will be extended to the barn, and a bathroom will be added. The barn addition will house the school’s dump truck and other maintenance vehicles. In addition, three 10-foot-by-15-foot concrete bays will be constructed to store mulching material, and the existing gravel driveway will be improved.
Subdivision, excavation, and development plan permits for the Benson Woods subdivision were unanimously approved. Attorney Jennifer Yoxall of Carmody, Torrance, Sandak and Hennessey and Curt Smith of Smith and Co. represented Middlebury Land Development LLC, developers of the property originally started in 2001. Yoxall explained that permits were due to expire for Benson Woods, a 79-unit development, built in three phases, with a planned 1,200-square-foot community building. Most of Phase I was completed, Smith said, and Phases II and III remain. Real estate broker John Pollard said he was hopeful the market was finally improving. He said he understood the frustration of residents waiting for the 1,200-square-foot community building, which is part of Phase II, to be built.
The next regular P&Z meeting will be Thursday, Sept. 1, at 7:30 p.m. at Shepardson Community Center.
