Middlebury, CT: The Conservation Commission should require a full biological and habitat study of the Timex Site before approving any redevelopment plans.
Petition · Require a full Biological Survey before Timex Site Development · Change.org
BACKGROUND:
Drubner Equities, LLC has proposed Southford Park, a 720,000 +/- sf warehouse/distribution buildings with associated access, parking and loading areas on two parcels of land: the Timex World Headquarters at 555 Christian Rd. and 764 Southford Rd. in Middlebury, CT. The site plan calls for the destruction of 15,000+ sf of wetlands, and would disturb an additional 7+ acres in the 100 ft upland review area.
A group of concerned citizens founded the Middlebury Small Town Alliance (MSTA) to oppose this project. The MSTA filed for Intervenor status, and hired a lawyer and expert witnesses to provide critical testimony to the Conservation Commission about the unreasonable level of pollution this project would generate for surrounding sensitive environmental receptors.
At its February 28th meeting, the Middlebury Conservation Commission heard reports from the Peer Reviewer it hired to review the applicant's plans as well as the experts hired by the MSTA. Based on that evidence, the Commission declared the proposed redevelopment of the Timex Headquarters would have a "significant impact" on the existing wetlands on the property, and it scheduled a public hearing for March 28th at 7pm. According to testimony presented by Dr. Stephen Danzer, a nationally certified Soil Scientist, Professional Wetlands Scientist, and Certified Arborist, the Conservation Commission could deny the application simply for the fact that this project would eliminate wetlands from the site, no further information needed.
The Conservation Commission hired a Peer Reviewer because Commission members are only volunteers, and they lack the specific scientific and engineering knowledge to critically evaluate the applicant's proposal. For the same reason, the Commission should also require a full biological and habitat study of the Timex Property before any redevelopment is allowed. Physically marking the boundaries of wetlands is only half the job of an impact study: if a project proposes to destroy wetlands, the Conservation Commission should also know exactly what plant and animal species will be affected by this loss of habitat.
The MSTA had hired the experts necessary to conduct this study, but was denied access to the property by the applicant. The applicant claims there is no need for a biological study because the Natural Diversity Data Base (NDDB) doesn't identify any species of concern on the Timex property. This is only a partial truth: if no one ever looked for threatened or endangered species on the Timex Property, the NDDB would indeed show nothing has been found there. You can't know for sure until you look, and the MSTA believes the Conservation Commission has no business approving this project unless it has done its due diligence in every way possible.
Since the Conservation Commission is responsible for the protection, preservation, maintenance and use of the inland wetlands and watercourses in the Town of Middlebury by minimizing their disturbance and pollution, it is the Commission's highest obligation to ensure that any proposed project fully complies with Middlebury's Inland Wetlands & Watercourse Regulations. It's not the Commission's job to "work" with a developer to find common ground acceptable to both parties: the application either complies with our regulations or it doesn't. If the applicant can't produce a site plan that complies with our regulations, the Commission is obligated to deny the application.
This petition is your chance to vote for the protection of natural resources in Middlebury. The Conservation Commission scheduled a public hearing to better understand your view on the destruction of wetlands: here's your chance to ask the town to fully investigate the consequences of approving this project.
