Support the Middlebury Small Town Alliance with dinner at Pies & Pub (eat in or take out!) - Thursday 4/20 from 4:30-9

 

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Bull in a china shop...

Bull in a china shop. That's the best way to describe the proposed re-development of the Timex Property. No offense to the bull - he's entitled to be himself - but not in a china shop. This project should be confined to an area that can handle its destructive power (no wetlands destroyed & no sensitive environmental receptors on all sides), and that's not in Middlebury.

Help us close the door on the bull...

We raised $4868 of our $10,000 goal for March. We're thankful for that support and have put it to good use. The fight's not over, so the fundraising isn't over yet either. Any amount is a valuable contribution to the cause - we appreciate all of it!

Checks can be sent to Middlebury Small Town Alliance, PO Box 1073, Middlebury, CT, 06762

Our GoFundMe site: https://www.gofundme.com/f/middlebury-small-town-alliance

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Conservation Commission Notes & Full Reports from our Expert Witnesses

When the Middlebury Small Town Alliance first filed for Intervenor status before the Conservation Commission, our petition asserted that the proposed project on the Timex site would have the effect of unreasonably polluting, impairing or destroying the public trust in the air, water and other natural resources of the state for the following reasons:

• The proposed activities involve site alterations which are reasonably likely to discharge storm water runoff pollutants from the roof areas to downstream wetlands and watercourses, potentially causing premature eutrophication.
• The filling of 15,000+ sq ft of wetlands is a significant activity and will likely lead to a loss in ecological wetlands functions.
• The proposed activity is a High Pollutant Load Site by the CT DEP 2004 Storm Water Quality Manual (Table 7-5, page 7-8) under several criteria. This generates higher pollutant loads from impervious surfaces.
• The proposed stormwater basins are dry detention basins which do not minimize water quality impacts as directed by the CT DEP 2004 Storm Water Quality Manual.
• The proposed stormwater basins do not have forebays as required by the CT DEP 2004 Storm Water Quality Manual, which would allow downstream nutrient loading to receiving waters and wetlands, including the Kissawaug Swamp.
• The filling of wetlands for the building and/or parking areas result in the destruction of wetlands which is the very definition of an adverse physical impact and Significant Activity requiring a public hearing under the Inland Wetlands &Watercourses Act and the consideration of feasible and prudent alternatives pursuant to Conn. Gen. Stat. § I W A §22a-41.
• The proposed wetlands mitigation will not serve to mitigate the filling and loss of functional wetlands and is not a feasible and prudent alternative

In addition to Attorney Keith Ainsworth, the MSTA hired the following experts to testify before the Conservation Commission:

• Steven Trinkhaus of Trinkhaus Engineering, LLC, a professional engineer and drainage expert
• Dr. Steven Danzer of Steven Danzer, Ph.D. and Associates LLC, a nationally certified Soil Scientist, Professional Wetlands Scientist and Certified Arborist
• Dennis Quinn of Quinn Ecological, LLC, a herpetologist and Adjunct Instructor at Naugatuck Valley Community College (unfortunately, because the MSTA was denied access to the Timex site, Dennis Quinn was unable to do any habitat evaluation of the existing site wetlands to check for the potential existence of threatened or endangered species, and so there was no report to produce)

Here are the full reports from our expert witnesses, which fully confirm the concerns we had when filing our intervenor petition back in January. As a result of the MSTA’s efforts to expose the adverse environmental impacts this project would cause, the Conservation Commission finally voted on a finding of significant impact to wetlands at the Feb 28th meeting and scheduled a public hearing for March 28 at 7pm. The applicant is also required to provide feasible and prudent alternatives to filling in wetlands. THANK YOU to all the donors who sponsored our lawyer and expert witnesses: your support was critical for getting us to this decision.

Middlebury Small Town Alliance: Documents

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Conservation Commission Meeting (2/28) & Expert Access

Save the Date

• Mark your calendars for the Conservation Committee Meeting on February 28 at 7:30 PM @ Shephardson.
• More information to follow as we get closer, but for now plan to be there early and wear red to show your opposition to the project.

Breaking News…

• The experts (soil scientist and herpetologist) hired by the MSTA to review the applicant’s site plan before the Conservation Commission have been DENIED access to the Timex site.
• It is fundamentally unfair that the applicant gets access to the site, but the intervener doesn’t. What are they trying to hide?
• Furthermore, the members of the Conservation Commission are walking the site individually, and not holding a public meeting.
• The town could have given access to MSTA experts, but it chose not to. The lack of transparency surrounding this project continues to astonish, and it further proves the applicant does not have Middlebury’s best interests at heart.

Fundraising

Thank you to everyone who continues to support our efforts to oppose a distribution facility on the Timex property off Christian Rd in Middlebury. This application will be on the Feb 28th Conservation Commission agenda, and we are diligently preparing to participate in that meeting (our legal and expert witness team is hard at work).

We set an interim fundraising goal of $15,000 for February to cover the fees associated with preparing for this meeting, and to date, we’re received about $2200 in Gofundme and private donations.

Our February fundraising goal is to raise $15,000 for the following expenses:

- $4000 Civil Engineer

- $3500 Soil Scientist

- $7500 Lawyer (the lawyer will cost more than this for the month of February, but we have some funds allocated to this purpose already to bridge the gap)

The work we do for the Feb 28th meeting is essential to stopping this project, and we can’t afford to miss any opportunities to do our best work. Please consider donating and please share with your friends and neighbors.

Link: https://www.gofundme.com/f/middlebury-small-town-alliance

GAME ON!

Yesterday, the Town notified us that George Logan of REMA Ecological Services has been retained to conduct the peer review for Southford Park (this is the name for the project proposed for 555 Christian Rd/764 Southford Rd). Logan walked the site yesterday and should have his report finished in the next week or so. Today, the MSTA hired its own soil scientist, who will be able to review both the original wetlands report prepared by SLR for the applicant and Logan’s peer review.

The Town also confirmed that this application will be on the February 28, 2023 Conservation Commission regular meeting agenda. That meeting is at 7:30pm at the Shepardson Center.
So how can you help between now and February 28th?

• Stand by for signs! We expect our next shipment any moment now, and will post distribution details as soon as we can.

• Help with fundraising! The next few weeks will be costly from a legal/expert witness fee perspective. The soil scientist is estimated to cost about $3500, the lawyer is $450/hr, and our civil engineer is estimated to be another $3800 for a second round of review and testimony at the Conservation Commission meeting. We need to raise an additional $15,000 by the end of February. Thank you to everyone who has donated so far, please help us by reaching out to friends and neighbors and encouraging them to pitch in. Every little bit counts - thank you! You can donate online at https://www.gofundme.com/f/middlebury-small-town-alliance or send a check to Middlebury Small Town Alliance, PO Box 1073, Middlebury, CT 06762

• Save the date! Conservation Commission meeting on February 28th at 7:30pm. Wear red to show your opposition to the project. No word yet on whether this meeting will be on Zoom, but we will ask.

• Spread the word! Please talk to your friends and neighbors and encourage them to get informed on what’s happening in our town. This is critical work, especially for people who aren’t well connected to social media.

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Dear Friends and Neighbors

First and foremost, we’d like to say thank you to everyone who has supported the Middlebury Small Town Alliance over the last few weeks. Your incredible support - encouraging FB comments, writing letters and emails, donating generously, proudly planting yard signs, wearing red - has made us so proud of our awesome town! We’re also very thankful for all of the expertise that has come to us exactly when we needed it. Thank you, thank you, thank you!!!

With yesterday’s text amendments application withdrawal at Planning & Zoning, what’s next?

Let’s call it a pause. The site plan application is still before the Conservation Commission. The applicant asked for an extension to respond to the concerns raised by our expert witnesses, and the Conservation Commission also mandated a peer review of the application (which means another review conducted by a third party hired by the Conservation Commission and paid for by the applicant). The Alliance will be hiring our own soil scientist to conduct a review of the applicant’s wetlands report. It is unknown at this point whether the applicant will be back for the March Conservation Commission meeting, or not until April. 

We anticipate the applicant will refile with Planning & Zoning at some point, but we don’t know when or what kind of application it will be. We’ve raised over $22,000 in Gofundme and private donations, and we’ve been able to meet our financial obligations thus far for the lawyer, expert witness, and the coveted yard signs. Thank you to all the generous donors who got us to this point - we really appreciate you. However, we’re still shy of our $50,000 fundraising goal, and we anticipate needing every penny as we prepare for the upcoming Conservation Commission meetings and whatever new application comes into P&Z. Please consider supporting us financially - every donation counts, no matter how large or small. You can give online at https://www.gofundme.com/f/middlebury-small-town-alliance or make a check out to Middlebury Small Town Alliance and mail it to us at P.O. Box 1073, Middlebury, CT 06762. 

In the meantime, we’ve ordered another 100 yard signs, our civil engineer is standing by to review any revised plans submitted to the Conservation Commission, and we love seeing your comments on FB. Speaking of that, a very spirited thread on the Middlebury FB Group mentioned trash cleanup on our streets and the fact that Earth Day is just around the corner (Saturday, April 22nd). The Alliance offers to coordinate such an effort, and will be reaching out to town officials to see what we can pull together. We know that PHS students need volunteer hours, so we’d be glad to be the supervising authority to verify this volunteer work.

Finally, and most importantly, we believe our town has reached a critical decision point: what does our future look like? What kind of a town do we want to be? The Alliance is not anti-development, and it is completely reasonable to expect that business owners will want to come to the LI-200 zone and invest in our town. We’ve clearly articulated what we DON’T want in the LI-200 zone, and it is just as important to consider what we DO want. If the LI-200 zone needs an overhaul, then let’s get busy and get it done. This should be an open and collaborative process that pulls in expertise from all our town committees, our elected leaders, and the many talented citizens who live in our town. We should be working in partnership with developers and business owners to bring the right project to the right location, with the appropriate balance struck between protecting our natural environment (and our children in their schools), preserving the quality of life for the surrounding residential zones, and allowing business to flourish. The Middlebury Small Town Alliance is committed to this balance, and we ask for your continued support.

Stay tuned - we’ll be in touch when the applicant hits the play button.

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Good News! Presenting the case at the Conservation Commission meeting

The Middlebury Small Town Alliance has been invited as an "intervener" to present its case at the Conservation Commission meeting tomorrow, 1/31, at 7:30pm in Shepardson Auditorium. Our civil engineer expert witness will be testifying.

A huge thank you to everyone who donated to make this possible!!!

Visualize a huge Distribution Facility, nestled between residential neighborhoods

What is the potential loss in tax revenue due to a 10-20% loss in home values within a 1 mile radius?

Why accept the health risks of jamming a High Pollutant Load Site in-between residential neighborhoods?

This project is larger that the entire Avalon Farms neighborhood, and those light blue dots to the west represent approved-but-not-yet-built homes in Benson Woods. Who wants to move there?

Tuesday, Jan 31st - Conservation Commission, 7:30pm @ Shepardson Community Center

Thursday, Feb 2nd - Planning and Zoning Public Hearing, 7pm @ Shepardson Community Center

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Middlebury Small Town Alliance - Suggested Actions Week of January 23-27

• Attend the Economic Development Meeting: Monday, Jan 23rd at 6:30pm, Shepardson Center Room 26
• Agenda is here: https://www.middlebury-ct.org/sites/g/files/vyhlif6871/f/agendas/edc_agenda_2023-01-23.pdf
• Public Comment is allowed at the end of the meeting: Voice your opinion —> do distribution facilities (and buildings 750,000 sq ft large) belong in Middlebury?
• Attend the Board of Education Meeting: Monday, Jan 23rd at 7:30pm, PHS Media Center
• Agenda is here: https://drive.google.com/drive/folders/1M2b0SN6IJevYUUBjiaV45R1xCZUW3GfM
• A key item on the agenda is an update on the Bond Proposal
• Public Comment is allowed towards the end of the meeting: Voice your opinion —> should Region 15 hire appropriate staff to maintain small class sizes at the elementary/middle school level?
• Write Letters to the Editor
• Voices (Limited to 300 words, letter must include name, address, phone number and signature of the writer, and be faxed or dropped off in person at 55 Heritage Rd, Southbury by 4pm on Fridays for publication the following Wednesday. Anonymous letters are not considered.)
• Bee-Intelligencer: Letters to the editor may be emailed to mbisubmit@gmail.com or mailed to Middlebury Bee-Intelligencer, P. O. Box 10, Middlebury, CT 06762. Letters to the editor run as space permits. Please limit letters to 500 words, avoid personal attacks and understand letters will be edited. For verification purposes, please include your name, address and daytime telephone number. Only names and towns will be published. Anonymous letters will not be printed.
• Mark your calendar for February 2nd: Planning and Zoning continued Public Hearing at 7pm. Location presumed to be Shepardson Center. Might want to come early to get a parking place and a seat in the room.
• If you can’t attend, email your comments to cbosco@middlebury-ct.org for inclusion in the public record.
• If you experienced any difficulties attending the January 5th P&Z Public Hearing (couldn’t hear or see what was going on, not being able to speak during the hearing, being turned away from the parking lot, etc.) it is very important that you document these difficulties into the public record. Simply send an email to 
• cbosco@middlebury-ct.org, give your name and address, and list your complaint.
• Support the Alliance financially: https://www.gofundme.com/f/middlebury-small-town-alliance
• We've raised $5,895 from 37 donors online and have another $2,000 that was donated in cash. Our fundraising total as of 7pm on 1/22 is $7,895!
• Thank you! We’ve raised what we need to cover the Civil Engineer expert witness expenses, and now we need to focus on our lawyer’s fees.
• If you would prefer to mail a check, checks should be made payable to Middlebury Small Town Alliance and sent to PO Box 1073, Middlebury, CT 06762
• Our incorporation costs were graciously covered by a donor, so our only current costs are the yard signs we ordered, the expert witness, and the lawyer.
• Reach out to your neighbors and friends: ask what they think about distribution facilities coming to Middlebury, and encourage them to participate in the process to have their opinions included on the record at Planning and Zoning. Now is the time to have your voice heard.

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Update on the legal front

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!)

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Welcome to the Middlebury Small Town Alliance!

We have gotten organized, started an LLC, and are off to the races for broader communication and donations!

Our mission is to protect and promote the semi-rural, small town character of Middlebury, CT. We are a group of Concerned Citizens who care about the decisions Middlebury town officials make about the future of our town.

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Our Blog Website: https://middleburysmalltownalliance.blogspot.com/

Our Facebook Page: https://www.facebook.com/profile.php?id=100089737323095

Our Email: middlebury.small.town.alliance@gmail.com

Our GoFundMe Donations: https://www.gofundme.com/f/middlebury-small-town-alliance

Get Email Notifications: https://follow.it/middlebury-small-town-alliance?leanpub

Upcoming Events: https://middleburysmalltownalliance.blogspot.com/p/upcoming-events.html

• This is an exercise in citizen participation in the democratic process... and we need your help!

What else do I need to know?

• The Middlebury Small Town Alliance, LLC organizers are your neighbors and volunteers
• No donations will compensate organizers for the time they give to this cause
• Funding will go towards:
• Legal Fees
• Sign Printing
• LLC Setup
• Other Incurred Expenses
• All organizers will attempt to respond to all inquiries in a timely fashion