Legal Update on Southford Park

 

The appellate appeal process is ongoing in court, and the parties met with a mediation judge today. We were unable to come to a resolution that we could present to the public.

So the process continues: briefings should be done by 2026. An Appellate Court decision would likely be made in 2027.

Our next round of fundraising is for a brief due this fall. Thank you to everyone who has faithfully supported this fight. We see you and couldn’t do it without you!

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

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Southford Park Update!! (Jan 31st - Feb 28th)

Well, it has been quite some time since we have had an update on the website / blog, but a lot of things have been in motion.

If you are not aware, on January 31st the MSTA won its Superior Court Appeal of the Planning & Zoning / Conservation Commission rulings for Southford Park. Thank you for all of your support to get to this point!

Following that ruling, both commissions voted to ask the Board of Selectman for an appeal of that decision. Instead, the Board of Selectman voted 2 (St John / Vance) to 1 (Mahr) to fund, up to $8,000, a request for the Superior court decision to be reconsidered by Judge Cordani. Southford Park did the same thing.

Both Motions for Reargue / Reconsider were denied by Judge Cordani!

We do expect that this will not be the end of road with the developer. Any and all support in the form of donations would be greatly appreciated, to continue to work we have done to date around Southford Park, and also to support next steps in the Straits Turnpike Development.

Links to relevant information, below:

• Superior Court Case Lookup
  
• Memorandum of Decision
  
• Motion to Reargue / Reconsider - Southford Park
  
• Motion to Reargue / Reconsider - Town of Middlebury
  
• Motions Denied - ORDER & ORDER

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SAVE HISTORIC MIDDLEBURY, INC. FILES LAWSUIT TO STOP UNNECESSARY DEMOLITION OF TIMEX HEADQUARTERS

The Middlebury Small Town Alliance is thrilled to see other organizations getting involved to support the effort of keeping Middlebury's small-town vibe.

We've added a link to articles and their website for residents to learn more about Save Historic Middlebury, and their efforts to preserve the Timex Headquarters. Donations to that group are also welcomed and extremely appreciated.

Article - Timex Campus Threatened with Demolition

RA Article - CT group looks to save this ‘architectural marvel’ in Middlebury

Save Historic Middlebury Website

GoFundMe for Donations to support the effort

Press Release:

Middlebury Historical Society supports Save Historical Middlebury’s quest to save the historic Timex Headquarters!

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Legal Update - P&Z Appeal

In legal news, the judge for the original P&Z appeal consolidated the two new appeals into one case. Three separate appeals are now one appeal because the questions raised in the 2nd and 3rd appeal will be answered by the first appeal.

This case has the following schedule: plaintiffs’ brief due 9/13/24, defendants’ briefs due 11/1/24, plaintiffs’ reply brief due 11/15/24, and oral arguments on 12/9/24.

We are now fundraising for the approximately $15K we need for the next few months to get this done. We are extremely grateful for all the support we have received over the last 19 months of this effort, and we’re in the home stretch to a decision. Contrary to what you may have heard, this fight is not over, and we have just a few months until a ruling on whether or not the state law applies to the redrawn Southford Park property lines (we think it does!!!).

Our GoFundMe is still running, or you can mail a check to MSTA, PO Box 1073, Middlebury, CT 06762.

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

Every donation matters: we’ve had over 300 individuals support this effort financially, and most donations have been modest yet extremely impactful. You are making a difference through the combined efforts of many, many of your neighbors, and we have collectively come a very long way since that first meeting hosted by the Avalon Farms HOA at Shepardson on December 27, 2022.

Thank you for trusting us to guide this battle, and thank you for standing up for Middlebury!

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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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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!

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Check your mail!

Check your mail, spread the word, and join us at the upcoming public hearings!

Oh, and some signs have been disappearing, so make sure that yours is 10 feet from the road on your private property.

If you are new to the MSTA, Welcome! Here is what you need to know aside from the articles, below.

Frequently Asked Questions Link:

Middlebury Small Town Alliance: FAQ

Stay informed and Support the Alliance!

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We oppose the proposed Zoning Regulations text amendments to allow Distribution Facilities as a permitted use in the LI-200 zone.

We oppose the destruction of wetlands for heavy industrial use.

Donate to the Alliance - DONATE HERE

• The Middlebury Small Town Alliance, LLC organizers are your neighbors and volunteers
• No donations will compensate them for the time they give to this cause
• Funding will go towards:
• Legal Fees
• Expert Fees
• Sign Printing
• LLC Setup
• Other Incurred Expenses

If you would like to support our Alliance with your time and effort, please fill out your Name, Email, and a short description of how you would like to get involved in the comment block below.

• If using the mobile version, click on "view web version" at the bottom of your page to see the form below
• Alternatively, you can email the Alliance at middlebury.small.town.alliance@gmail.com

If you only want to be informed, simply subscribe to the posts on this website.

• Look in the lower right margin for the “Subscribe” via follow.it
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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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Status, Next Steps, Helping, and Fundraising

The Middlebury Small Town Alliance (MSTA) has provided the following update on the redevelopment of the Timex property at 555 Christian Rd and the adjoining property at 764 Southford Rd:

While it is true that the proposed text amendments application to add distribution facilities as a permitted use in the LI-200 zone was withdrawn from the Planning and Zoning Commission on Feb 1st, the project is still very much alive at the Conservation Commission. The photo below was taken from the applicant’s wetland report submitted to the Conservation Commission by SLR. You can see the proposed building sitting on top of dotted red lines - those are the wetlands and 100’ upland review area the applicant proposes to fill in as part of the project. The report is available here: https://www.middlebury-ct.org/sites/g/files/vyhlif6871/f/news/conservation_commission_wetland_delineation_report_and_impact_assessment.pdf. The applicant’s team is trying to argue those wetlands are insignificant and not worth saving, and the MSTA strongly disagrees.

The MSTA has hired a lawyer, a civil engineer and a soil scientist to review the site plan application for compliance with state regulations on storm water management and pollution control. This work is critical because the proposed use is deemed a “high pollutant load site” by the CT DEP, and there are specific steps that should be taken to manage the storm water run-off so that there are no thermal or pollutant effects passed off the property without proper treatment. Our civil engineer had 8 pages of things he found wrong with the applicant’s storm water management design, so already, the MSTA’s work is proving to be a crucial save for our town.

At the Conservation Commission meeting on January 31st, the Commission asked for a peer review of the project. The town hired its own soil scientist (at applicant’s expense) to review the application, and we expect the outcome of that review in the next week. The MSTA will then have its soil scientist review the original report plus the town’s peer review, and present our findings at the Feb. 28th Conservation Commission Meeting. We’re hoping to convince the Commission to issue a finding of “significant impact” on the wetlands the applicants wants to destroy to build the project. Ultimately, we’re hoping the Commission will deny the application for failing to comply with state regulations and for unnecessarily destroying wetlands.

As we prepare for the February 28th Conservation Commission meeting at 7:30pm at Shepardson Center, we could use your help in a number of areas:

1. Plan to attend the meeting in person. Please wear red to show your opposition to this project. Specifically, the applicant shouldn’t be filling in wetlands just to shove the biggest building it can on this site. There will be no public hearing, but a strong resident attendance sends a message to the Commission.

2. Talk to your friends in town, and get the word out! If you want to be more involved, please email middlebury.small.town.alliance@gmail.com and let us know what you’d be willing to help with. We’re looking for people to call their friends, forward emails/flyers, and encourage others to donate to the cause.

3. Make a donation to the MSTA to cover legal/expert witness fees. We’ve set an interim fundraising goal of $15,000 in February to be able to afford the fees due at the end of the month. You can support us 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. Frankly put, Middlebury residents are either paying some to defeat this project now, or we’re all paying A LOT FOREVER if this project is approved, and the nature of our town changes for the worse. We won’t be able to undo the noise, traffic, air pollution, or additional projects of this size and nature once the approvals are granted.

Thank you for your support thus far, our town deserves nothing less!

Jennifer Mahr

President, MSTA

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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Feb 2nd Middlebury P&Z Public Hearing is Cancelled

The Middlebury Small Town Alliance just received word that the text amendment application has been withdrawn from the Planning & Zoning Commission.

Tomorrow night’s public hearing is canceled.

They had procedural issues that were identified, and we believe they will re-file. To our knowledge, the Conservation Committee application remains the same following last night's meeting.

Stay tuned.

-Middlebury Small Town Alliance

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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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Flyer - Middlebury Small Town Alliance

Feel free to print your own and distribute to others who would be impacted by a large distribution facility coming to Middlebury.

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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