#Middlebury #P&Z #MiddleburyConsignment
By TERRENCE S. MCAULIFFE
The Middlebury Planning and Zoning Commission (P&Z) at its Oct. 5 meeting continued a public hearing for a Straits Turnpike zoning change and unanimously approved an in-law apartment on Breakneck Hill and a restaurant expansion at Middlebury Consignment. It also discussed “granny pods” legislation and set a public hearing to discuss opting out of having such structures in Middlebury.
Attorney Michael McVerry, representing an application by property owners at 1556, 1570, 1582, 1600, 1610, and 1628 Straits Turnpike for a zone change from R40 to CA40, said an inaccurate street number was used in his application letter. After discussion with Chairman Terry Smith, Zoning Enforcement Officer Curtis Bosco, and town attorney Dana D’Angelo, it was decided to continue the public hearing until next month so that a proper legal notice with the correct address can be submitted for publication. Those properties run on the Waterbury side of the street northward from Joanne Drive to vacant commercial lots at the intersection of Park Road.
An application for a special exception for an in-law apartment at a house on 657 Breakneck Hill Road owned by Anthony Bruno and Lindsay Swann was unanimously voted after Bruno reviewed site plans along with the designs of the proposed addition with the commission. The construction consists of a garage addition with a small in-law suite. Bruno said the home is served by septic and a well, and a condition of approval was a letter of approval from the Torrington Health District.
An application for a change of use of Middlebury Consignment at 1365 Whittemore Road was approved four to one, with Smith and members Paul Babarik, Joseph Drauss and Matthew Robison voting in favor and William Stowell opposed. Professional engineer David Hughes told commissioners owner Dr. Dean Yimoyines planned to expand the current café-restaurant into the entire second floor of the building, enlarging the kitchen, constructing new bathrooms, and adding a bar and additional seating. Retail furniture sales would continue on the first and third floors, and the elevator would remain.
Hughes reviewed a revised site plan as well as a preliminary restaurant plan, noting two current uses of the building – a restaurant and a furniture consignment store. Yimoyines is seeking to expand the restaurant use and decrease the retail use, which will change the parking calculations. Hughes said parking on the North parking lot consists of approximately 30 spaces, the westerly lot has approximately 25 spaces and the southerly lot contains 45 to 50 spaces, with a total estimated at 95 spaces.
The furniture consignment store opens at 11:30 a.m. and closes at 5 p.m. The restaurant is open in two shifts, one from 11:30 a.m. to 3 p.m. and one from 5:30 to 11 p.m. For 3½ hours each day, the two businesses are open at the same time. Based on the regulations, the number of parking spaces during that time is not sufficient; however, Hughes said there is no demand for the required number of spaces and pointed out furniture takes up more space than the average retail store. Yimoyines said lunch does reach 100 patrons at times, but the back parking lot still is not being used, and the lots are never full.
Smith stated that the existing restaurant requires 24 spaces and the proposed new restaurant will require 43 for a total requirement of 67 spaces. He said he believes the parking requirements are met with the joint use so long as the size of the restaurant is not increased during lunch.
In other matters, AICP certified planner Hiram Peck, who is under contract to update Middlebury’s Zoning Regulations, told commissioners he wanted to make them aware of Public Act 17-155, which the Connecticut legislature passed during their last session.
The act was intended to provide a temporary healthcare dwelling unit for specific folks including mentally or physically impaired people. While it does not talk about elderly, Peck said most people think that was the intent of the original legislation, and the structures are often referred to as “granny pods.”
He said he believes there are numerous loopholes in the legislation due to the required time limit of 15 days from the application for permit issuance, which can pose a problem when various zoning requirements need to be verified or other approvals need to be given. Additionally, there is a $50,000 bond requirement and the cost of removal to consider.
Peck said he believes there is a better solution and that, alternatively, the zoning regulations could be adjusted to make accessory units comfortable for people who really need this kind of care. A public hearing was set for Nov. 2 so commissioners could consider opting out of the legislation.
The next regular P&Z meeting will be Thursday, Nov. 2, at 7:30 p.m. at Shepardson Community Center.
UPDATED 31 Oct 2017 to read “Park Road” in paragraph two.
