#MiddleburyCT #Planning&Zoning
By MARJORIE NEEDHAM
At its June 6, 2024, meeting the Middlebury Planning and Zoning Commission held a public hearing, approved an application for site plan modifications, accepted one new application, tabled another and granted a 90-day extension for an applicant to fulfill conditions.
The public hearing was on the Meadow Realty LLC/1000 Southford Road application for a text amendment on distance requirements for garages and service stations. The Naugatuck Valley Council of Governments had found the proposed amendment “not regionally significant.”
Attorney Michael McVerry, speaking on behalf of the applicant, noted a gas station had been approved for the site in 2010. Section 67 of the zoning ordinances requires a gas station to be outside a 500 foot radius of properties with certain structures, including public schools, and the applicant’s property is between Long Meadow Elementary School and Pomperaug High School. However, McVerry showed the site is about 2,000 feet from the Longmeadow Elementary School building and 1,900 feet from PHS.
McVerry also noted that, a year after Longmeadow Elementary School was built, Region 15 added a 12×30 foot building for diesel fuel storage that is right on the school property. He said, “It seems if you can have a large diesel fuel outlet on the property, then a gas station or gasoline sales 2,000 feet away should be permissible.” The text amendment proposes to change the distance to building to building rather than building to property line.
During public comments, Peter Trinchero asked if this proposal had already been turned down by the Zoning Board of Appeals. Chairman Smith said a similar proposal previously was turned down by P&Z.
Bob Nerney said he opposed the application, noted a similar change was denied in 2022 and said consultant Hiram Peck always advises that any text changes be in sync with the town’s Plan of Conservation and Development.
Carrie Baldwin asked if studies had been done to indicate a gas station was necessary there, and Don Andrews noted the building next door (984 Southford Road) has a special needs daycare where children play outside right next to that property.
The public hearing was closed. P&Z took no action on the application.
An application for site plan modifications for reducing buildings, parking and impervious coverage for Southford Park LLC at 764 Southford Road was approved following presentations by Attorney Edward G. Fitzpatrick, reports by John Calabrese, P.E., and a legal opinion from Attorney Gail McTaggart. Attorney Keith Ainsworth, representing the intervenors, said he had no new information, but an engineer was available to answer questions. There were no questions.
A new application for a text amendment was submitted by MIDEX LLC, 199 Park Road, for retail storage units and small scale warehousing units. Attorney McVerry said there is about 270,000 existing square feet with 50,000 square feet under long-term lease. The applicant would like to allow storage units in 100,000 square feet. The facility would be staffed, and there would be no exterior access to the individual units, which would be climate controlled and have a maximum size of 10×35 feet. The application was accepted and a public hearing set for August 1, 2024.
An application from Tranquility Estates LLC/29 Tranquility Road for site plan modification for vineyard and related activities. was tabled at the request of the applicant.
Wiggles Pet Resort LLC requested a 90-day extension to fulfill conditions and the request was granted.
Due to the July 4 holiday, the next Planning and Zoning Commission meeting will be Thursday, July 11, at 7 p.m. at Shepardson Community Center in Room 26.
