Friday, April 19, 2024

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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