Yesterday afternoon, the Alliance had its attorney file for intervener status at the Conservation Commission, and we asked for a public hearing to present expert testimony on the adverse impact of destroying wetlands on the Timex property. We also hired a civil engineer to review the site plan and to present findings to the Conservation Commission on the deficiencies of the site plan’s storm water management plan.
We understand there are some questions about what we mean by “legal fees,” and we are happy to explain. The civil engineer expert witness will cost about $6,000-$8,000: he’s reviewing the applicant’s site plan, analyzing it for its compliance with state regulations/best practices, and then will present those findings in person at the public hearing. The lawyer is $450/hr: he already met with us to review our options to oppose this project, and he prepared the filing with the Conservation Commission. He will attend the public hearings for both the Planning and Zoning Commission and the Conservation Commission. His fees will easily reach the $15,000 -$20,000 range in a short period of time.
Our best chance to defeat a distribution facility in Middlebury is right now, when it is just an idea before the Conservation Commission and the Planning and Zoning Commission. It is not a permitted use currently, and P&Z has wide discretion to deny the application because it is not right for Middlebury. Once P&Z votes to change our zoning regulations to allow distribution facilities in the LI-200 zone, there is little that can be done to stop the project or any other follow-on project because a right-of-use will have been established.
What it boils down to is this: we either pay some now to stop a bad idea from becoming reality, or we will pay a lot forever for the consequences of that reality. Middlebury will change if this project goes through, and no amount of “stipulations” by P&Z on the site plan will be able to mitigate that change. The town you know and love will be gone.
If you’re OK with that, then you can go back to your life, do you, and move on. We’re not OK with it, and we are going to do everything we can to ensure that P&Z makes their decision with all their neighbors and friends watching. There is no amount of theoretical future tax revenue that can compensate us, Middlebury residents, for the loss of how it feels to live in Middlebury. We’re a semi-rural, small town, and we’d like to stay that way. We shouldn’t be forced to change our minds because someone throws money at us to do so.
Please join our cause. We need everyone’s help in whatever capacity you can offer: time, money, attending meetings, writing Letters to the Editor, putting a sign on your lawn, talking to your neighbors, etc. All efforts, big or small, collectively will make the difference in the end.
(Plus, we’re looking forward to meeting all of you and making new friends!)
