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.

Our methodology: we headed to Town Hall, and looked at the official record for the Southford Park application (also known as the Conservation Commission Application #490 - 555 Christian Rd/764 Southford Rd). We also checked the minutes of the January 5th Planning and Zoning Public Hearing. Here’s what we found:

At the January 5, 2023 P&Z Public Hearing:

• 90 residents signed a petition OPPOSING the proposed text amendments to allow distribution facilities in the LI-200 zone

• Dozens of additional OPPOSITION emails were acknowledged by ZEO Curt Bosco (exact number not listed in the P&Z minutes but should be available in the file at Town Hall)

• 18 residents spoke AGAINST the application during the public hearing

• The rest of the residents who wanted to speak but were cut off at 9pm signed a sheet documenting their opposition (exact number not known but should be available to look at)

• One letter from the owner of the Middlebury Racquet Club was IN FAVOR of the text amendment (plus an additional request that a proviso specifically adding the wording “Commercial Health Club Facilities and any Special Exception uses permitted under Section 42.4 not to exceed fifty (50) feet”

Conservation Commission file for Application #490:

• 139 citizens sent in written correspondence OPPOSED to the application

• One of these letters spoke for 138 residents at Ridgewood, all OPPOSED to the application

• 15 members of the public spoke AGAINST the application at the 3/28/23 public hearing

• 50 members of the public spoke AGAINST the application at the 4/3/23 public hearing

• 4 members of the public spoke AGAINST the application at the 4/18/23 public hearing

Additional Data:

• Hundreds of residents showed up wearing OPPOSITION RED during the nine meetings the Conservation Commission held between January 31 and May 10, 2023

• The Conservation Commission meetings had to be moved to the Pomperaug High School Auditorium to accommodate the number of OPPOSED residents attending meetings

• The 100-person limit on ZOOM was exceeded for multiple meetings and had to be upgraded to 500 people

• Multiple major news sources reported on the OPPOSITION: NBC, WFSB, WTNH, Hartford Courant, CT Mirror

• 350 OPPOSITION lawn signs were given out

• 260 donors gave more than $60,000 to fund the OPPOSITION

• Dozens Marched for Middlebury on April 30th

• Pies and Pub fundraiser - given 10% of profits (P&P made $4000, MSTA got $400)

• Time and expertise donated: graphic design

In summary, there is only one recorded instance of someone supporting this project between January 5th and now. There are hundreds of data points demonstrating OPPOSITION in multiple ways. If it is true that “many people” support the project, where have they been? How would you recognize this support? Where are the signs or letters or official color or comments on the record at public meetings? Where is the Facebook Group or posts on the Middlebury Facebook Group? Show us the “science,” because we truly believe that everyone has a right to express their opinion. In fact, we invite everyone (either FOR or AGAINST a distribution facility) to the August 3rd Planning and Zoning Public Hearing at 7pm for the MSTA’s Proposed Zoning Regulation Amendment, a Moratorium on Distribution Facilities of any size and Warehouses in excess of 100,000 square feet. (Application #23- 26Z). The purpose of the application is to give everyone in Middlebury an opportunity to weigh in on what we want our future to look like. If you want this for Middlebury, then say so and let’s talk about the pros and cons. Otherwise, the data proves Middlebury overwhelmingly OPPOSES a distribution facility in our town.

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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.

We continue to be humbled and amazed at the level of financial support many have offered. We have fully covered all legal, expert witness, and other costs associated with the fight at the Conservation Commission, and are now turning our attention to fundraising for the court appeal, which is estimated to cost $10-$12K over the next year. Many have offered other fundraising ideas, and we will be sharing those fun opportunities once they are ready to go.

Please continue to talk to your friends and neighbors. The Conservation Commission was just one of many hurdles this application has to clear, and the fight is far from over or pre-determined. The MSTA will be before the Planning and Zoning Commission on June 1st when it accepts the moratorium application we filed (Thursday, June 1st at 7pm at Shepardson, we requested a September public hearing date).

In the meantime, what can you do while we wait to see what kind of application is filed at P&Z?

• Write letters to the Editor (Voices and Republican-American). Voices in particular has failed to provide any real, in-depth coverage of this issue, especially from Middlebury residents’ point of view.

• Attend Board of Selectmen meetings and get your opinion on the record during the public comment at the end of the meeting. Meetings are held the first and third Mondays of the month at 4pm in the 3rd floor conference room at Town Hall. Since the town recently removed direct email address links from its website, it seems like sending your opinion via email isn’t a preferred method of communication anymore.

• Sign the petition. The online version currently has 526 signatures and we’re starting to receive paper copies people have returned (remember to cross out #3 if you have the original version of the petition).

• Engage in conversation with the Planning and Zoning commissioners you might know. Since there is no application before them at this point, they are free to talk with you about your opinion of what does or doesn’t belong in the LI-200 zone in Middlebury.

• Attend the Republican or Democratic Town Committee meetings (Republicans meet the second Tuesday of the month at 7:30pm at Shepardson Center, Rm 26, Democrats' meeting schedule is not available online, contact Curt Bosco for details). Both Committees control the selection process for people chosen to sit on all town boards and commissions, so if you feel those chosen to represent you aren’t representing you well, the Town Committees need that feedback.

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. 

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Resignation Petition

At this afternoon's Board of Selectmen meeting, the MSTA informed the Board that it was starting a petition calling for the resignation of First Selectmen Ed St. John and Conservation Commissioners Paul Bowler, George Tzepos, and Curt Bosco for the following reasons:

1) We have lost confidence in each person’s ability to represent Middlebury citizens’ wishes in matters affecting the entire town;

2) Middlebury’s Code of Ethics has been improperly used to silence town officials’ rights to express a personal opinion on an issue of great public interest;

3) The Town of Middlebury previously approved the development of residential projects adjacent to a Light Industrial Zone but now is inviting in a heavy industrial use that threatens the health, well-being, safety, and property values of Middlebury residents;

4) Chairman Paul Bowler was chronically absent from the many meetings held on Application #490 but appeared in time to vote for the project;

5) A minority (3 members) of the 7-member Conservation Commission approved Application #490 in what appeared to be a rushed vote when the full Commission was not present;

6) Commissioner George Tzepos and Chairman Paul Bowler admitted publicly that they were personally not in favor of the project but voted to approve so the town did not get sued; and

7) Commissioner Curtis Bosco justified his vote for the project based on what he personally wanted to see happen on the property as the Town’s Zoning Enforcement Officer, in direct contradiction to the expressed wishes of Middlebury residents.

Anyone is free to print out the petition, sign it, ask your friends and neighbors to sign it, and then mail it to us at PO Box 1073, Middlebury, CT 06762 or email it to middlebury.small.town.alliance@gmail.com

Petition PDF Link

Online Petition

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Conservation Commission Public Hearing - Tuesday, March 28th at 7pm

Location: Pomperaug High School Auditorium, 234 Judd Rd, Southbury

- Wear RED to show your opposition

- Arrive early to get a good seat

- Print out your comments to hand in after you speak

- It is enough to state your name and address for the record, and then say you do not support the destruction of wetlands in Middlebury to permit this scale of project

- Be flexible - no information has been provided on how the public hearing will be conducted

- The meeting will be available on Zoom, but in view-only mode (no ability to ask questions or make comments)

https://us02web.zoom.us/j/84176765936?pwd=YkZvMlNDT0pvSFJsdDF3ZFhPUll5Zz09

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Petition: Require a full Biological Survey before Timex Site Development

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.

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