#Middlebury #PlanningandZoning
By MARJORIE NEEDHAM
The Middlebury Planning and Zoning Commission (P&Z) considered applications and heard a complaint at its Dec. 5 meeting. Applicants included Peter Vileisis and Subaru while the complaint came from neighbors of the Sandy Beach Club.
Vileisis appeared for the third month in a row to present his application for a special exception for an excavation and grading permit at 288 Watertown Road. The permit would allow him to bring in 4,720 cubic yards of fill for a driveway. When he first appeared, two of his neighbors told P&Z they believed he had brought in a large quantity of fill without permits. They were concerned the lack of permits meant there was no oversight and the fill might be contaminated.
P&Z requested samples of the fill be taken and analyzed. This was done, and no contamination was found, but some of the initial samples were taken at a depth of only 6 inches. Deeper samples were requested, and this time Down to Earth of Naugatuck obtained samples at depths of 5 and 8 feet below grade. One sample had trace pesticide residues, but that was attributed to prior agricultural use of the land and lawful pesticide application before 1978. The rest of the samples were clean sand and gravel.
Vileisis’s application was approved with the condition the applicant follow recommendations by Town Engineer John Calabrese and also limit work hours to weekdays from 8 a.m. to 4 p.m. and Saturdays from 8 a.m. to noon. P&Z unanimously approved the application. Estimates were that he had brought in 11,900 cubic yards of fill without a permit, so he also will pay an $11,900 fee for that fill.
Boch Middlebury-Waterbury LLC then presented three applications for a Subaru dealership to be located at 1628, 1648 and 1672 Straits Turnpike (across the street from Middlebury Edge). They are applying for a motor vehicle dealership and accessory use, signage, and excavation and grading on the site. Attorney Michael McVerry, representing Boch, reviewed what had been done to date and explained that a portion of the land is in Waterbury. Because of this, he said Boch is concurrently seeking the needed approvals from Waterbury.
McVerry said the proposed building, which follows Subaru guidelines, will be 27,300 sq. ft. with a 5,900 sq. ft. mezzanine, for a total of 33,200 sq. ft. The building will be entirely in Middlebury while some of the parking will be in Waterbury. He submitted a number of approvals already obtained for the project.
David Hughes, a professional engineer, then presented the plans for entrances, curb cuts, parking spaces, signage, utility hookups and excavation on the site. He also detailed the lighting and landscaping plans.
Next, architect John A. Matthews of Madison, Connecticut, showed a rendering of the Branford dealership, which is very similar to the building proposed here. He brought with him samples of the various materials that will be used and showed them to the commission.
Finally, McVerry presented a photocopy of the monument Subaru sign and discussed it and other signage. He said Boch is requesting a special exception for signage due to the location of the building on the lot and what Subaru dictates to dealers. The applications were continued to public hearings Jan. 2, 2020.
Old business had one item – a 3 Sandy Beach Road complaint. Attorney Jacqueline Kaufman, representing 2 Sandy Beach Road owners Jack Starr and Shauna McManus, said her clients believe operations at the Sandy Beach Club, which is at 3 Sandy Beach Road and is owned by Paul and Betsy Anderson, have expanded illegally over the past 15 years.
She then presented the complaint Starr and McManus sent to Zoning Enforcement Officer Curtis Bosco Feb. 22, 2017, and reviewed the Club’s development, showing aerial photos she said documented the statements in the complaint. She said the Club’s activities are negatively impacting her clients, and what she feels is illegal extension activity needs to be stopped unless and until all the activity is properly permitted by P&Z, the Zoning Board of Appeals and the Conservation Commission.
She said her clients filed the complaint two and a half years ago, but the personal relationship the Club owner has with Zoning Enforcement Officer Curtis Bosco “may have slowed things down.” Bosco had recused himself from the hearing, so was silent throughout. But when the complaint had been heard and commissioners were commenting on it, Commissioner Erika Carrington stated she didn’t appreciate Kaufman accusing the ZEO of stalling because of a personal relationship. Kaufman responded that she meant no disrespect. Commissioner Bill Stowell said he didn’t like one person being singled out.
During the presentation, Kaufman said the Andersons showed a blatant disregard for the commission, neighbors and zoning regulations. She said infractions have continued and her clients would like equitable application of the zoning regulations to all.
She reviewed issues that included addition of a boat launch, storage racks, two boat docks, storage lockers and swim rafts. She also stated they were added without permits and said rafts and docks are under town jurisdiction. “Even temporary structures require permits,” she said. Her clients, she said, are being adversely affected by all these things.
When Kaufman concluded her presentation, Attorney James Strub, who has been hired by the town to provide to the commissioners legal advice and guidance, told them they had as much time as they needed to investigate the complaint. He said they could make a site visit, request additional information and share personal experiences.
Chairman Terry Smith said they would attempt to make a decision on how best to proceed before the swim season starts.
P&Z met again Thursday, Jan. 2, 2020. A report based on the meeting minutes will be posted as soon as possible. The reporter who planned to attend had a pet emergency and was unable to be there.
