POLL: Business and Blight Discussed at Meeting

An application for a special exception to allow a beer and wine permit at 489 Middlebury Rd. in the plaza with the was approved at the Thursday, Feb. 2, Planning and Zoning Commission meeting at .

Applicant . Gyolai said he is hoping the restaurant will open in April.

Quassy Amusement Park is seeking a site plan modification. An addition they are seeking is that of a concrete splash pad for children.

The Saturation Station is suitable for older children, while the splash pad is good for younger children, said Eric Anderson of .

Blighted and Dilapidated Properties

For years, the topic of blight has come up at Board of Selectmen and Planning and Zoning Commission meetings. A common lament heard at those meetings was a lack of power when it came to enforcing blight.

When , he tasked a Property Maintenance Ordinance Committee with drafting an ordinance to address vacant, blighted, dilapidated or disorderly structures or properties in town, said Planning and Zoning Commission Chair Curt Bosco.

The Planning and Zoning Commission lent its support for the draft , unanimously agreeing to send the ordinance back to the Board of Selectmen with one change.

The next step is for the Board of Selectmen to render a decision on the property maintenance ordinance. If the board supports the ordinance, it will come before residents at a referendum, according to Bosco.

Protection Against Blight

The premise of the ordinance, as noted in the draft, is that vacant, blighted, dilapidated homes, buildings and other real property contribute to the decline of neighborhoods and are inimical to the health, safety and welfare of Middlebury residents.

The draft ordinance defines blighted property as any building, structure or parcel where at least one of seven conditions exists:

1. An appropriate official determines that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the community.
2. The fire marshal determines that a building or structure is a fire hazard.
3. The property is in a state of disrepair or becoming dilapidated.
4. The property is unfit for human habitation.
5. The property has an unsafe structure or structures.
6. The property's overall condition causes an unreasonable impact on the enjoyment or value of neighboring properties, as expressed by residents.
7. The quality of life of others is significantly impacted by the state of disrepair or dilapidation of the property.

State of Disrepair

"State of disrepair" or "becoming dilapidated" are described as physically deteriorating conditions that cause unsafe or unsanitary conditions or that which has become unsightly or a nuisance.

To be in a state of disrepair or dilapidation, one or more of the following conditions must be met:

• Missing, broken or boarded up windows and doors
• Collapsing or missing walls and roof
• Seriously damaged or missing siding
• Un-repaired fire, water or wind damage
• Rodent infestation or other infestation
• Persistent accumulation of garbage or trash in or on the property
• Two or more inoperative or abandoned unregistered vehicles or inoperative marine vessels or unregistered trailers, kept or stored on the premises, unless garaged or if the premises is properly permitted as a junkyard
• Overgrown grass, weeds or other vegetation that has an adverse impact on the enjoyment or value of neighboring properties and/or creates an infestation
• Felled trees visible from the road or neighboring properties that present a safety situation and/or have an adverse impact on the enjoyment of, or value of, neighboring properties
• Parking locations left in disrepair or abandonment
• Abandoned swimming pools or accumulations of stagnant water
• Any other exterior condition reflecting a level of maintenance that is not in keeping with community standards

Commissioners recommended the above language change on the felled trees section. The suggested change by the commissioners is italicized: "Felled trees or parts thereof, visible from the road or neighboring properties, that present a safety situation and/or have an adverse impact on the enjoyment of, or value of, neighboring properties."

Ordinance Violations

If someone is found in violation of the ordinance, the town will send notice of said violation to the responsible party. For each day the violation exists, the person responsible shall be fined $100.

If the violation continues for 30 days unabated, enforcement personnel are authorized to issue a citation, according to the draft ordinance. The final period for uncontested payment of a citation is 30 days after its receipt.

Then, any unpaid fine shall constitute a lien upon the real property in question in accordance with Connecticut General Statutes 7-148aa, the draft ordinance stated.

Exceptions

Special exceptions or site applications for improvements can be applied for through the Planning and Zoning Commission. While the application is pending, the responsible party is exempt from the provisions of the ordinance for 90 days.

Farms, open fields, open space and forest land are exempt from the portion of the ordinance on overgrown vegetation, unless toxic materials are present.