MIDDLEBURY, CT — The Middlebury Planning and Zoning Commission unanimously agreed Oct. 1 to cancel a three-lot subdivision approved in 2010, allowing the property's new owner to combine the lots into a single 3.61-acre parcel.
The commission also discussed implementing the town's newly drafted zoning regulations, with Chairman Terry Smith suggesting the town give residents several months to review them before a possible February public hearing.
The subdivision at Middlebury Road and Ferndale Avenue was originally approved for the Vincent McDonald Trustee following a court appeal. Attorney Michael McVerry told the commission that nothing had been done with the three lots since the approval.
Michelle Barone, who lives at the end of Ferndale Avenue, purchased the subdivision in June and does not intend to sell the individual lots, according to the minutes and McVerry's Sept. 14 letter included with them. She requested that the subdivision be canceled and the three lots merged.
The resolution included with the minutes says the original subdivision was approved in February 2010 through a stipulated judgment and required a performance bond. The current owner posted a cash bond after purchasing the property. The resolution formally rescinds the subdivision approval recorded in September 2010 and calls for the three lots to be combined into one 3.61-acre parcel.
The property owner must obtain a new survey showing the single parcel and cancellation of the subdivision, and the survey must be reviewed and approved by the town attorney before being recorded on the Middlebury land records. The Planning and Zoning Commission will also notify the Board of Selectmen that the performance bond is void and should be returned to the property owner.
Commission alternate member Rudy Demiraj asked whether there was a reason for canceling the subdivision beyond the tax implications. McVerry said the owner had no plans to sell the lots and that combining them would also give her a larger yard.
Randolph Adler asked whether termination of the subdivision would automatically combine the lots. McVerry said he was unsure whether the owner planned to merge the properties but would provide the assessor with a description of the combined premises if she did.
Matthew Robison moved to accept the resolution and Adler seconded. The motion passed unanimously.
The commission also discussed the implementation of Middlebury's new zoning regulations.
The final draft is available for download as a PDF on the town website, while printed copies are available at the Land Use Office for a fee, according to the minutes.
Smith suggested waiting a couple of months to allow the public to read the regulations and then, at the commission's January meeting, scheduling a public hearing for February.
The commission unanimously approved its 2027 meeting schedule, with meetings planned for the first Thursday of each month at 7 p.m. in Room 26 of the Shepardson Community Center.
The Oct. 1 meeting ran from 7 to 7:14 p.m. Its next regular meeting is scheduled for Nov. 5.
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