Tuesday, November 26, 2024
December 9th P&Z Appeal - Court Documents
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:
Tuesday, April 2, 2024
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?
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 This application was withdrawn in February.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.
Thursday, July 27, 2023
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!
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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Tuesday, July 18, 2023
Alert: Upcoming Public Hearing
The Middlebury Small Town Alliance (MSTA) filed this application to amend the Middlebury Zoning Regulations to include a proposed 1-year moratorium of 1) any distribution facility regardless of size or 2) any warehouse use comprising a gross floor area in excess of 100,000 square feet.
A moratorium is a temporary halt or pause to development in order for a Planning and Zoning Commission to fairly assess and revise its regulations concerning a particular kind of development. For example, the Town of Farmington just extended a 6-month moratorium on new multi-family and single-family developments for another 6 months to give the town more time to decide what it can do to make housing more affordable. Farmington’s P&Z Commissioners wanted additional time to do research and to hold more in-depth conversations about their current zoning regulations, so they gave themselves 6 more months to do so.
In our case, a moratorium on distribution facilities and large warehouses would create space for the community to come together and carefully consider our current zoning regulations and our Plan of Conservation and Development to see if such development is appropriate for Middlebury. The Economic Development Commission already unanimously voted in January that this kind of development does not align with Middlebury’s values, and hundreds of residents have vigorously opposed the current plans for redevelopment of the Timex property at 555 Christian Rd, so it appears that there is a real need for a pause and careful consideration of our zoning regulations.
- Do you support the development of large warehouses and/or distribution facilities in Middlebury?
- What concerns do you have about this kind of development in Middlebury (traffic congestion, size of building, noise, pollution, proximity to sensitive receptors, etc.)?
- Do you think Middlebury’s zoning code should be changed to allow this kind of large scale development?
- If you support this kind of development in Middlebury, what specific benefits explain your support?
- Are there any kind of restrictions that could be placed on this kind of development to make it acceptable in Middlebury (building size limit, enhanced separation from incompatible uses, etc.)?
- Is it important to know HOW the facility will be used and WHO (which company) will be operating out of such a facility before the application is approved?
- If a moratorium is approved, would you be willing to volunteer to attend public meetings to share ideas, offer suggestions, and participate in a collaborative process to review Middlebury’s zoning regulations?
Saturday, July 8, 2023
At Thursday night’s P&Z meeting...
At Thursday night’s P&Z meeting, Attorney Ned Fitzpatrick told the Commission his three clients would give a presentation on why this text amendment change is necessary for promoting the economic growth of these properties, including emerging technology and current market trends. That’s lawyer speak for “we’re going to keep changing the rules until a project that does not fit in Middlebury cannot be denied.”
Do not be fooled: Middlebury’s Planning and Zoning regulations do not permit distribution facilities, and this application is an attempt to create an exception to let distribution facilities pretend to be something they are not.Middlebury residents now have two opportunities to voice their concerns:
Wednesday, July 5, 2023
Attention Middlebury Residents!!
The Planning and Zoning meeting on Thursday 7/6 has new business all residents should be watching closely.
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.
Friday, June 30, 2023
Happy Fourth of July, Middlebury!
Just a quick reminder to mark your calendars for a few upcoming important events
Tuesday, June 20, 2023
Proud to partner with and showcase a Middlebury Small Business!
Monday, June 12, 2023
THE NEW SIGNS ARE HERE!!
middlebury.small.town.alliance@gmail.com
Friday, June 9, 2023
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.
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














