#MIDDLEBURY
By TERRENCE S. MCAULIFFE
The Middlebury Planning and Zoning Commission (P&Z) at its Sept. 1 meeting denied a day care facility at the Crossroads East plaza, continued a public hearing for a car wash on Straits Turnpike and issued a sign permit for a 40 Middlebury Road office. It also heard comments about building setback regulations in senior residential districts and cottage expansion rules at West Shore.
A day care facility planned for the upper level of the Crossroads East plaza at 900 Straits Turnpike was denied. Chairman Terry Smith said the proposed 17.5-by-44-foot asphalt surface did not conform to the minimum half-acre grass play area in the zoning regulations.
Attorney Michael McVerry presented a letter to Chairman Terry Smith requesting a continuance on a hearing for Maxxwell Sunshine LLC and County Line Carriage owner Patrick Bayliss for a car wash at 2160 Straits Turnpike. He said a quirk in calendar timings caused the Zoning Board of Appeals (ZBA) to meet after P&Z, instead of before it. A variance from ZBA is needed because the proposed car wash would be 39.73 feet from the road, but the zoning regulations call for a 75-foot setback. The existing building is 59.41 feet from the road. McVerry said approval from the Conservation Commission also is needed.
The Minnella, Tramuta and Edwards’ application for an oversize 5-by-5-foot cube sign at 40 Middlebury Road was withdrawn. Attorney McVerry said the law firm decided to move the existing sign, formerly used by Kelley & Company, onto the lawn, eliminating the need for a new permit.
“The sign that’s there is legal nonconforming,” agreed Smith, “so now they take it and move it to the front of the building. I don’t see an issue with that.”
Commissioner Erika Carrington agreed the existing special exception “ran with the land,” and members also agreed with Smith that making the sign double-sided didn’t change anything. Zoning Enforcement Officer Curtis Bosco was instructed to approve the new sign.
In an informal discussion, Frank Perrella of 25 Edgar Road told commissioners he was concerned about the building setbacks permitted in the senior residential district in Section 24.7.2 of the zoning regulations. “The way its written is of great concern to me,” said Perrella, “No building may be placed within 20 feet of an existing property line or within 100 feet of an existing dwelling on an adjacent parcel as determined at the time of application.”
Perrella said he was looking for guidance, for himself and his neighbors, to change regulations he called ridiculous. “Right now I have no one looking in my window,” he said, “but if this is built – they will.”
Chairman Smith advised him to hire an attorney to see if he could seek a zone change on someone else’s property.
In another discussion, Eileen Woods, representing the West Shore Homeowners Association, told commissioners she wanted them to be aware of a “Cottage Unit Alterations Rule” being considered by cottage owners. She told Smith, “We feel they might fit inside the zoning board’s regulations.”
In comments from commissioners, Carrington questioned whether lines on the map were minimum setbacks and Smith questioned the waiver section. Woods said waivers addressed both very large and very small lots, allowing a footprint increase beyond 30 percent. Smith told her he wanted commissioners to digest the material and would put the matter on the Oct. 6 agenda. He also told her the footprint calculations needed to be clarified as to what was counted.
The next regular P&Z meeting will be Thursday, Oct. 6, at 7:30 p.m. at Shepardson Community Center.
