Sunday, March 2, 2025
Southford Park Update!! (Jan 31st - Feb 28th)
Tuesday, November 26, 2024
December 9th P&Z Appeal - Court Documents
Sunday, June 9, 2024
Update: Press Release
Yesterday, the MSTA, Avalon Farms HOA and Gary Kline’s appeal of the Drubner Equities, LLC wetlands permit for the former Timex property was denied by Superior Court Judge John L. Cordani. A link to the decision will be posted in comments below. This was the first of four appeals that will challenge this ill-sited project, and the MSTA is unfazed by this decision.
The Conservation Commission process was predetermined and designed specifically to withstand appeal. However, we are confident that the project will not survive the next appeal, which will be heard in December. We will be appealing both recent decisions to approve the amended applications submitted on behalf of Flint Development (the wetlands permit and the P&Z application).
We are grateful for all your past support, and thrilled to see the continued interest in citizen participation in our town government processes. Thank you for partnering with us in this fight! We will continue to keep you updated on the process.
Press Release Link: https://drive.google.com/file/d/1a2mnDYFuFzfrKecctAhcqt68QWCTTLot/view?usp=sharing
Case File Link: https://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=UWYCV236070997S
Friday, April 19, 2024
Two Applications to Intervene
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!
Wednesday, March 27, 2024
Southford Park Update aka Here We Go Again!
Monday, March 25, 2024
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?
Sunday, March 3, 2024
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.
Friday, January 19, 2024
Southford Park Conservation Commission Appeal: The brief filed this week
Conservation Commission Appeal: the Brief filed this week.
The town’s and Drubner’s briefs are due March 1.
Monday, January 8, 2024
Trust the Process?
The Middlebury Small Town Alliance reaffirms its commitment to fighting the Southford Park, LLC project that was approved by the Planning & Zoning Commission on January 4th.
A coalition will be filing an appeal in Superior Court. While we expected this atrocious result, we are surprised at the appetite town officials had for approving this project over the unmistakable objections of its citizens and the law. This decision is especially heinous given the fact that Middlebury has run a budget surplus for the last 6 years, likely approaching $4 million dollars (the most recent amount for 2022-23 is not confirmed yet, but presumed also to be a surplus). We fail to understand why “growing the grand list” is so vital given the habitual underspending of the approved budget and repeated excess revenues collected.
Combined with the amount that Middlebury residents have also spent out of their own pockets to oppose this project, our town is taxing us twice, and appointed commissioners have acted based on personal preferences and not in the town’s best interest.
In comparison, Watertown took only 3 months to vote down a similar proposal, and that P&Z decision affirmed Watertown residents did not want that kind of development. Yet in Middlebury, a project that needed 3 text amendments to add distribution facilities as an approved use in January 2023 suddenly didn’t need those amendments in August 2023. This was a town staff decision to interpret our zoning regulations differently the second time around in favor of the developer, a decision that allowed the town to “have to approve a site plan if it meets all the requirements.”
So, it pains us greatly to ask once again for support to do the right thing, but we are determined to soldier on. We have $15,000 promised to underwrite the start of the P&Z appeal, but the Conservation Commission appeal is also still in the system. Oral arguments in that case are likely this summer. We would like to raise an additional $15,000 to match our promised support, and this should carry us through the summer.
Donations by check can be mailed to Middlebury Small Town Alliance, PO Box 1073, Middlebury, CT, 06762.
Our GoFundMe will be updated to reflect a new total goal, but for transparency’s sake, it won’t start over from zero funds collected.
We started 2024 with $0 in our checking account: all remaining funds at the end of December were paid to our attorney for work on the Conservation Commission appeal brief.
Thank you for your continued support and dedication to our town. It would be appropriate to let the Board of Selectmen know how you feel about the continued stationing of uniformed police officers at P&Z meetings when resident opposition is expected, the utter lack of discussion between commission members when enormous decisions affecting the entire town’s quality of life are being made, the complete disregard for the clear message sent by the electorate during the recent election, and your feelings about the upcoming budget cycle.
Together we will continue to fight for this town!
Wednesday, January 3, 2024
P&Z Commission Meeting Preview - 1/4/24
Tomorrow night’s P&Z Commission meeting (Thursday, January 4 at 7pm in Shepardson Auditorium Center) will be a long one. There are 4 public hearings, a possible decision on the Southford Park applications, 2 subdivision modification applications, two site plan applications, and an accessory apartment application. The meeting is available on Zoom, and the link will be posted in comments below.
January 5th is the one year anniversary of the P&Z public hearing for the original Timex application: three text amendments to raise the allowable roof height in the LI-200 zone, to add distribution facilities as a permitted use, and to define distribution facilities in the Definitions section of the Middlebury/s Zoning regulations. This application was withdrawn in February. The MSTA appealed the Conservation Commission’s May wetlands approval to Superior Court, and the first brief in that case is due this month. A new P&Z site plan application was filed in August for “industrial flex-space” along with a grading/excavation application and a text amendment to raise the allowable height in the LI-200 zone, and P&Z may render a decision for these three applications tomorrow night.The public hearings for the Metro Realty applications concerning the other Timex-owned property off Straits Turnpike will likely be the star attraction tomorrow night. Residents have concerns about population density, traffic, elimination of open space, potential impact to Middlebury's educational costs, precedent for future projects, and rapid, unchecked growth that might change the feel of a “semi-rural, small town.”
If the past year has revealed anything, it’s that Middlebury residents will go to great lengths to preserve that special something that makes Middlebury unique. You’ve attended meetings month after month for an entire year, given almost $100,000 of your own, hard-earned cash, turned out in record numbers during an otherwise unremarkable municipal election, and set a very clear expectation that the mandate expressed by the electorate is to be heeded. There is very little sympathy for the excuse that a developer might threaten legal action, and thus a commission “has” to approve an application: this is the opposite of holding an application to the standards required by our regulations. The burden is on an applicant to prove an application complies with our regulations, not on the town to flex our regulations so it doesn’t get sued.
So once again, we ask you to stand up for our town, attend another meeting, repeat yourself for more than the 12th time, and hold the line: Middlebury wants to stay a small, semi-rural town.
Sunday, October 29, 2023
Important Meetings: 10/31 - 11/2
🔺Important🔺
Planning and Zoning Meeting
Thursday, 11/2, at 7 PM, Shepardson Auditorium
The 3 public hearings related to the Southford Park distribution facility/flex-space continue next Thursday. All concerns regarding this project are fair game for P&Z to consider: traffic, noise, quality of life issues, pollution, impact to surrounding property values, safety to residents and our children, and so on!
Over the last few meetings, the chairman has read the names of those who have sent in letters opposing or supporting the project, so if you can’t make the meeting or are uncomfortable speaking publicly, please consider sending in your thoughts and making your voice heard! Written comments can be emailed to pandz@middlebury-ct.org
🚨Other important meetings next week🚨
‼️10/31 7:30 PM at Shepdardson: Conservation Commission Meeting. On the agenda is the Metro Realty Rental project.
‼️11/1 at 6:30 PM at 61 Echo Lake Road, Watertown: Watertown’s Planning and Zoning Public Hearing on Planned Development District off Bunker Hill Rd and New Wood Rd (behind the car dealerships and across from Stop & Shop) for 767,500 SF of distribution centers and a multi-family housing project.
Monday, July 3, 2023
Proud to stand with Ashford against developers who would trample small towns in the name of profit.
Link to the article on the Courant
Earlier this year, developers spent much time and untold sums in legal fees attempting to develop a mega warehouse in the town of Ashford, part of a much larger trend of warehouse/distribution development efforts, an unintended consequence of COVID-19 making instant delivery ubiquitous. In response, many citizens are fighting back.
As a former employee of the town of Ashford, where I worked for over 28 years, most recently as the town’s head of finance, I regularly attended and helped facilitate many meetings. Yet, I have never been moved to write about an issue raised at a municipal meeting as I am now.
Developers have centered in on small Connecticut towns, like Ashford, as potential locales for their distribution centers due to the proximity to highways that lead to economic and population centers. But as residents often point out, these locales are also already home to families and/or natural resources that would be negatively impacted by the centers’ encroachment.
Between January 2021 and April 2023, proposals for these large facilities, or changes to regulations that would allow them, were rejected in South Windsor (twice), Wallingford, Newtown, East Granby, Willington, Cromwell, and now Ashford. Applications were withdrawn in Windsor Locks, Cromwell and Norwalk. All received substantial resistance from their communities.
Citizens have noted light, noise, air, and roadside pollution, increased traffic on state and local roads, loss of property values, possible issues with local wells, excessive water run-off from acres of pavement, no public water/sewer, loss of ambiance of small-town living, and worsening habitat encroachment. They have also expressed concern with habitat fragmentation that forces wildlife into human occupied areas, an ever-growing concern to local animal farmers, beekeepers and pet owners.
A unique concern regarding large facilities in Northeast Connecticut is the presence of pyrite or pyrrhotite in bedrock. The I-84 corridor from Tolland to Union and into Massachusetts presents with geologic formations containing pyrrhotite, making it an unstable base to build upon. According to the American Geosciences Institute, pyrite or pyrrhotite in the rock underneath buildings can create swelling, causing cracks and other structural damage.
The most egregious consequence in Ashford and Union, however, is the potential to negatively impact the headwaters of the Mt. Hope and the Fenton River watersheds which supply clean water to Ashford, Mansfield, Windham and beyond.
Though citizens have made their concerns known, developers and their legal counsel have been relentless. An attorney representing his warehouse developer client in Ashford in pushing through pro-development zoning amendments, expressed their intent to build regardless of the outcome of their application. “What will happen is that my clients will pursue opportunities that either do not require your approval or curtail your oversights, and we will pursue those instead as our next step” he said in his closing statements, while insisting that the land in question would no longer be improved upon and that another of his client’s properties, that sits at a crucial headwater, would be developed instead.
One state legislator has fought alongside his residents opposing such anti-democratic corporate threats. Rep. Bill Pizzuto of Connecticut’s 71st District was instrumental in bringing section 182 of the recently passed House Bill 6941, which prohibits municipalities with between 6,000 and 8,000 residents, or any of its land use boards or commissions, from approving the siting, construction, permitting, operation or use of a warehouse or distribution facility on certain parcels. The prohibition applies to warehouses or facilities over 100,000 square feet that are located on land totaling less than 150 acres, contain more than five acres of wetlands, and are located within two miles of a public school. This bill would overrule any local ordinances permitting such development.
This bill was passed as Middlebury citizens filed an appeal with the state Superior Court over a Middlebury Conservation Commission decision that permits a massive facility in the town impacting 16,000 square feet of wetlands near a local school.
Well done, but what about the rest of us? Where does that leave even smaller towns, like Union and its 781 citizens, Ashford’s 4,186 occupants, Willington’s 5,528 inhabitants, and other towns with less than 6,000 people? Is an elementary school three miles away at less risk than students two miles away if the facility is built on 151 acres and negatively impacts the local water supply? Working with representatives from other “small” communities, including those with less than 6,000 occupants, who are also under siege from wealthy developers, would provide a more inclusive bill. Simply replacing “and” with “or” when listing requirements would offer a more inclusive bill. Instead, citizens in towns with even fewer local resources are left feeling that we have been thrown to the wolves.
Thank you, Rep. Pizzuto, for listening and acting to protect the interests of your constituents. You have shown up boldly for the citizens of Middlebury and District 71, putting people ahead of for-profit ventures and creating a better model for them to work with. Now citizens from the Quiet Corner in The Last Green Valley National Heritage Corridor and other small municipalities facing an onslaught by warehouse developers, implore our representatives to not only follow suit, but to act even more boldly in our defense.
Cheryl Baker is a resident of Ashford.
Thursday, June 22, 2023
As seen in the June 21st Edition of Voices: Middlebury Needs Long-Term Vision
Jun 21, 2023
To the Editor:
It is both astounding and disturbing that Middlebury’s elected leadership and appointed commissions failed to heed its residents’ well-articulated, vehement objections to the proposed gargantuan distribution center that would irreparably debase the character of the town to the detriment of the people who live here and most especially, to the residential neighborhoods that surround the proposed site.
Bill Pizzuto’s timely action has at least momentarily saved us from a cruel fate, and we should always be grateful. And Mr. Pizzuto saved the Planning and Zoning Commission from taking a vote on a project that contradicts P and Z’s goals, as stated in the Plan of Conservation and Development, namely to “maintain its semi-rural character.”
Even so, Middleburians should be prepared for the proposers, and others, to mount a vigorous effort to overturn the law because it imposes statewide zoning restrictions ahead of local control.
Little known is that the Middlebury Economic Development Commission passed a resolution earlier this year encouraging the Planning and Zoning Commission to reject the proposed use, stating that the existing use as a Light Industrial Zone is a “sensitive and consistent approach to development that was in concert with the adjacent residential development that occurred over time.” The same cannot be said for the unsuitable monstrosity planned as a substitute use. It simply does not belong here.
Whatever the immediate outcome, there are lessons in this experience for all of us who call Middlebury home. If we have no vision for our town’s long term economic development, we’ll always be susceptible to monied interests having their way with us.
Let that be a call to action for all who envision a bright future for our town. Bill Pizzuto bought us time, now we must take action to control our destiny.
Jim Smith
Middlebury
Monday, June 12, 2023
THE NEW SIGNS ARE HERE!!
middlebury.small.town.alliance@gmail.com
Thursday, June 8, 2023
Heard Around Town
A strange new talking point has come to our attention claiming that “many people” in town support building a 670,000 sq ft distribution facility on the Timex Property at 555 Christian Rd. To quote Conservation Commissioner Bosco, let’s “rely on the science” to evaluate the truth of this statement.
Thursday, May 25, 2023
More Signs
Thanks to a generous Southbury donor, another round of yard signs have been ordered and are expected in the next week or so. We’ll let you know when they arrive and how you can get one.
Wednesday, May 24, 2023
Threatened Litigation
For anyone with a paper copy of the petition, please cross out #3. It came to our attention that the statement made in #3 relied on a factual error. While this was an understandable and inadvertent mistake, Norman Drubner threatened the MSTA with litigation. The MSTA wants this discussion to be accurate, but also wants to stay focused on the great lengths to which the town has gone to push this project despite the public’s wishes. See below for relevant documentation. A new copy of the petition will be published shortly and the online petition has been corrected.
Monday, May 22, 2023
For Immediate Release
The Middlebury Small Town Alliance, Avalon Farms Homeowners Association and Gary Kline have filed an appeal with the Superior Court challenging the town Conservation Commission’s decision to issue a wetlands permit for a controversial distribution facility proposed for Christian Road at the former Timex headquarters. “The Alliance is upset at the lengths the Conservation Commission went to rationalize a very unpopular decision”, said Jennifer Mahr, President of the Alliance. “It was clear the site could have been developed without destroying wetlands. The Applicant and the Town seemed to be mocking the whole idea of wetlands protection. It was like a joke to them.”
The facility, a 670,000 square foot distribution facility and trucking center designed for an undisclosed company, is deeply disliked by residents. The many meetings and hearings held on the permit were well-attended by the public, with overflow into other rooms and filling the auditorium at Pomperaug High School. At no time did anyone speak in favor of the proposal, except the Applicant and the town ZEO, Curt Bosco, who is also a member of the Conservation Commission.“The feasible and prudent alternatives analysis was flawed. The Applicant seemed to be intentionally offering alternative plans that were worse by adding things to the original proposal like housing, not reducing the footprint and then adding in artificial sweeteners to their preferred proposal. It was insulting”, added Keith Ainsworth, the New Haven attorney representing the Alliance, “It was obvious they were sabotaging any plan but the one they wanted and the town went happily along with it.”
The appeal, filed in Superior Court at Waterbury, describes the decision as arbitrary, lacking credible evidence and internally contradictory. “It’s pretty shameful for a wetlands agency to buy into the philosophy that some wetlands are second-class and not worth saving”, Mahr noted.
The lawsuit also faults Conservation Commission chairman, Paul Bowler, for his lack of attendance at the various hearings and for town officials attempting to suppress public comment and free speech through “a contorted reading of the Middlebury Code of Ethics,” characterizing the tactic as “intimidation”.
The MSTA also filed a zoning text amendment application with the town’s Land Use Office, asking for a one-year moratorium on any distribution facility regardless of size and any warehouse use comprising a gross floor area in excess of 100,000 square feet. The purpose of the moratorium is to provide the Middlebury Planning and Zoning Commission with ample time to analyze thoroughly and thoughtfully Middlebury’s Light Industrial 200 (LI-200) District and to determine whether the district is reasonably suited to support “distribution facilities” and large warehouse operations. “A moratorium would allow Middlebury residents the opportunity to participate fully in the decision-making process,” Mahr said. “Even though hundreds of residents have repeatedly told town officials that distribution facilities have no place in Middlebury, all we’ve been told is that the Code of Ethics prevents town officials from sharing their opinions, and that an application ‘has to be approved’ if it meets all regulations. That might be true if we were talking about a site plan application for a currently permitted use in the LI-200 zone, but no one has a “right of use” to fill in wetlands, and distribution facilities are not currently permitted in the LI-200 zone.”
A copy of the appeal will be posted on the MSTA’s website, here: Conservation Commission Appeal















