What exactly does the Conservation Commission do? Why is its decision on the proposed redevelopment of the Timex property so critical for the future of Middlebury? Let’s look at the language of Middlebury’s Inland Wetlands and Watercourses Regulations: “The preservation and protection of the wetlands and watercourses from random, unnecessary, undesirable, and unregulated uses, disturbance or destruction is in the public interest and is essential to the health, welfare and safety of the citizens of the state. It is, therefore, the purpose of these regulations to protect the citizens of the state by making provisions for the protection, preservation, maintenance and use of the inland wetlands and watercourses by minimizing their disturbance and pollution; maintaining and improving water quality in accordance with the highest standards set by federal, state or local authority;…”
The
Conservation Commission is the first and only line of defense between
the protection of our natural resources and the wanton destruction of
said resources for monetary gain. The obligation is first to the
protection of our natural resources, with development for economic gain
taking a secondary importance. Thus far, it seems that the Middlebury
Conservation Commission has forgotten its priorities: it failed to find a
significant impact to wetlands for the proposed project, and it has
failed to rigorously protect Middlebury residents from unnecessary and
undesirable pollution.
Let's
be brutally honest: at the November 29, 2022 Conservation Commission
meeting, only 4 members of the Commission were present: Chairman Paul
Bowler, George Tzepos, Peggy Gibbons and Curt Bosco. According to the
minutes of that meeting, “The members of the Commission agreed that a
Public Hearing was not required.” There was also no finding of
significant impact to wetlands by the proposed project.
Middlebury’s
Inland Wetlands and Watercourses Regulations define “Significant Impact
activity” as “any activity, including, but not limited to the following
activities which may have a major effect or significant impact.” There
are 7 different criteria, including “any activity involving disposition
or removal of material which will or may have a major affect or
significant impact on the regulated area or another part of the inland
wetland or watercourse system.” The regulations are here: https://www.middlebury-
The
proposed project on the Timex site will completely fill in .35 acres of
wetlands and disturb 7 acres of the upland review area (defined as the
100 ft boundary around a defined wetland area). The complete destruction
of wetlands is the very definition of adverse impact, and yet the
Conservation Commission failed, from the very first meeting, to identify
such an impact. The Middlebury Small Town Alliance has had to hire a
Soil Scientist and a Civil Engineer who specializes in water quality and
drainage to point out the obvious: the applicant's proposal fails to
meet state regulations for storm water management and pollution control,
and it fails to prioritize the protection of wetlands as a necessary
condition of redevelopment.
Here’s the key findings from our Environmental Review:
- The proposed filling of wetland resources is a significant activity as per the definition within the Middlebury Inland Wetlands regulations
- The application materials lack discussion of feasible and prudent alternatives
- The application materials are unclear regarding what methods were used to delineate the wetland boundaries, with confusing labels
- The application materials do no fully evaluate impacts to offsite wetlands/waterbodies, which are expected to be substantial and adverse
- The application materials lack discussion and data regarding impacts to the forested wetlands west of the site
- The wetland creation plan lacks quantitative calculations to demonstrate that a created wetland will not result in the dewatering of downstream wetlands or that existing hydrology will support such a created wetland
- It is recommended that less risky mitigation strategies or development configurations be explored and employed before resorting to wetland creation
The
applicant has tried to argue that there is a difference between
“federal” and “state” wetlands, and that the “state” wetlands were
created only because of how Timex developed the site. The applicant also
tried to argue that the “state" wetlands are isolated, and not
connected to the “federal’ wetlands, which somehow justifies their
elimination because they’re not important. All of this is mumbo-jumbo
designed to confuse the lay-person into accepting the idea that it is OK
to fill in wetlands because a real estate developer wants to shove a
project someplace it doesn’t belong. Even the peer review, which was
ordered by the town, agrees with our findings: the applicant didn’t
fully delineate the actual wetlands on site, and the storm water
management plans don’t comply with state regulations.
It
is the Conservation Commission’s first and primary duty to preserve,
protect, and minimize the destruction of wetlands during the course of
proposed development. That doesn’t mean letting the applicant’s
“experts” misuse science for the applicant’s benefit, it means holding
the applicant to the “highest standards set by federal, state or local
authority.” Under that criteria, the Commission should only vote to deny
this application: any other decision is a failure to to protect the
citizens of Middlebury from unnecessary and undesirable pollution.
The February 28th Conservation Commission meeting is 7:30pm at Shepardson Center. Plan to attend the meeting in person. Please wear red to show your opposition to this project.
