Two Applications to Intervene

Wednesday, the Middlebury Small Town Alliance filed two applications to intervene in both the Planning and Zoning and Conservation Commission permit modification applications for Southford Park. Both permits are currently under appeal to Superior Court and Public Act 23-204, § 173 prohibits this project, so it’s concerning that both Commissions even accepted the modified applications at this time.

More concerning is the fact that both the SLR engineer and Attorney Fitzpatrick told the Conservation Commission that the Southford Park project was designed to meet the storm water management criteria of the draft 2023 Storm Water Management Manual, but the new engineering firm VHB told the Commission at the March CC meeting that the project was NOT designed to 2023 standards, just to the 2004 standards. There will be a public hearing for this application at the April 30th Conservation Commission at 6:30pm, all members of the public are welcome to attend and to provide comment.

Legal Updates:

Wetlands Permit: Oral arguments on this appeal are scheduled for June 3, 2024 at 9:30am in Waterbury.

Planning & Zoning Permits: Certified list and administrative record to be filed by 6/7/24, Plantiffs’ brief due by 8/9/24, Defendants’ briefs due by 10/11/24, Plantiffs’ reply brief due by 11/8/24, and oral arguments to be scheduled for December 9, 2024 at 2pm in Waterbury.

Fundraising Updates:

We continue to be astonished by and grateful for the contributions that have made this fight possible. We will incur some new legal and expert witness costs because of the two new intervention applications at P&Z and CC, so any new contributions will be directed towards those costs. Checks can be made out to MSTA and sent to PO Box 1073, Middlebury, CT 06762. Or, you can use our GoFundMe link: https://www.gofundme.com/f/middlebury-small-town-alliance

Thank you for your continued support!

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24/25 Middlebury Town Budget

Link to the Budget Files

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Town Budget Public Hearing 4/9 6:30 @ Middlebury Public Library

A Public Hearing regarding the proposed town budget is scheduled for Tuesday, April 9th at 6:30 PM. Please note this hearing will be held at the Middlebury Public Library.

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The Southford Park Site Plan Modification is on 4/4 P&Z Meeting Agenda

Zoom Link

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Southford Park Update aka Here We Go Again!

On March 26th at the Middlebury Conservation Commission meeting, Attorney Fitzpatrick introduced a new engineering firm who submitted a wetlands permit modification for the Southford Park Distribution Facility. We will keep this short, but here are the key details we learned:

1. There is a new “client” involved in the project, Kansas based Flint Development. Attorney Fitzpatrick explained this was “one” of the interested parties in the project. We will link their portfolio of projects in the comments, but many of them are massive distribution facilities. We suggest looking closely at the link and trying to picture their developments in the heart of our tiny town.

2. SLR seems to be no longer involved in the engineering side of the project, replaced by engineering firm VHB.

3. The MSTA so far has been unsuccessful at looking at or getting copies of the modified plans for the site, but it appears there have been changes to the parking layout and the building sizes. The explanation from VHB last evening was these changes fit the client’s “needs”, but there was no further clarification of why. This is all public information, and should have been available for inspection in the Land Use office. The MSTA was told to submit a FOIA request for copies of the documents by Chairman Bowler: this reply wrongly sidesteps the public access requirement that all land use applications require, and unnecessarily restricts public access to public documents.

4. The Commission voted to hold a Public Hearing on the permit modification, which will take place at next month’s Conservation Commission Meeting, April 30th, at 6:30 pm.

Therefore, next month another Public Hearing begins. Here we go again!

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An alarming item on Tuesday's Conservation Commission Agenda

An alarming item is listed on Tuesday's Conservation Commission Agenda, a permit modification for the Southford Park Distribution Facility and we have questions.

• Why does the wetlands permit need to be modified?
• Who is asking for the modification?
• When will the public be able to inspect and comment on the proposed changes?
• Will the changes need to be verified by any outside experts?
• Will there be a public hearing or do we need to start a petition calling for one?

Surely the Commission won’t accept changes and approve them the same night...

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Let Middlebury Vote!

Yesterday, the Middlebury Small Town Alliance filed a petition calling for a Special Town Meeting so voters can decide whether or not taxpayer dollars should be spent defending the Conservation Commission and Planning Zoning’s appeals regarding the proposed distribution facility on the former Timex site.

The town has overspent its legal litigation line by 197% (budget: $10K, spent $29,799.16 as of 1/31/24), and taxpayers shouldn’t be forced to pay to fight against themselves. Because the Commissions are their own entities and make their own decisions, the Board of Selectmen (BOS) is not obligated to defend a bad decision. Since the BOS (not the First Selectman) has the sole authority to direct the legal action of the town, as well as joint authority over the budget with the Board of Finance, it is well within its right to refuse to use taxpayer dollars help the applicant defend the permits, even without a petition or a town vote.

Fortunately, the previous Board of Selectmen unanimously voted against a distribution facility on 11/20/23, so now’s the time for the BOS to use its authority to deliver on its objections. It can schedule a special town meeting, or better yet, send the question straight to referendum. Or, most simply, just stop spending the money.

If the First Selectman, Police Chief, Town Attorney, and Zoning Enforcement Officer can go to Waterbury to object to a cannabis retail facility in another town, surely the Board of Selectmen can refuse to spend money not in the current budget and stop using town resources to support the project it claims to be against.

Join our call to action: we do not have to sit by and let our tax dollars be used against us. 107 voters signed the petition (see the photo for the petition language) so that all of us can have a chance vote on how our tax dollars are used.

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