Only Half a Voice...

If you didn't know better, and you only read yesterday's article in Voices, your opinion of the Feb 28th Middlebury Conservation Commission Meeting would be a victim of the same 'multiverse event' that the Voices reporter apparently was. What makes this 'event' even more interesting is how much space Voices dedicated to this article compared to a lack of articles on this story since January. Furthermore, the second half of the meeting is completely missing from the article's coverage, and that was the best part of the whole night!

It's not like the reporter was rushing to make a same day deadline, and just didn't have time to stay for the whole meeting. The article was published yesterday, March 15th, covering an event that happened on February 28th. The entire meeting was on Zoom...oh wait, there were so many people who tried to log onto the meeting, the Zoom meeting limit of 100 was exceeded. The meeting minutes have been posted online for some time, and the Intervenor and its experts' contribution to the meeting is clearly documented there, but not here. It might be important to know that the drainage engineer hired by the Middlebury Small Town Alliance (aka The Intervenor) clearly and definitively stated that the proposed storm water management plan (including the bio-retention basins suggested by the non-drainage engineer peer reviewer) does not comply with CT DEP regulations because it is the wrong system in the wrong location given the type of soil on the property, plus the system doesn't address water quality at all. That makes the third attempt by the applicant to propose a storm water management plan, and the third set of plans that don't comply with state regulations.

There was also no attempt to talk to any of the almost 200 residents who attended the meeting and stayed until it concluded at 10:20pm. Maybe because they were all wearing red in opposition to the project, they were actually invisible. Or maybe all the 'No Distribution Facilities in Middlebury' yard signs don't send a clear enough message. Or just maybe, when Middlebury's Inland Wetlands regulations define "significant impact" to wetlands, the definition excludes the complete destruction of wetlands to allow for the biggest, most polluting building possible on the property (WARNING: there was an extreme amount of sarcasm in this paragraph if you didn't already notice).

The public hearing on March 28th at 7pm has been moved to the Pomperaug High School Auditorium to accommodate the large number of residents who clearly have something to say about the destruction of wetlands to accommodate a high-pollutant load site. Don't be content with half a Voice - let's make sure the Conservation Commission hears ALL our voices loud and clear!

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Important Update - Conservation Commission Now at Pomperaug HS

*Conservation Commission Now at Pomperaug HS*

We have confirmed the Public Hearing regarding the redevelopment of the Timex Property at 555 Christian Rd, Middlebury, CT into a 720,000 total sq ft distribution facility will now be held at ***Pomperaug High School***. The time and date remain the same - 3/28 at 7 pm.

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Important Town Budget Meeting - Thursday, March 16th

This week, the Middlebury Board of Finance (BOF) and Board of Selectmen (BOS) have a special joint budget meeting at 7pm in the Town Hall Conference Room on Thursday, March 16th. It does not appear this meeting will be available on Zoom, so it's important that residents attend to witness what is proposed and decided upon. Public Comment is allowed and highly encouraged. 

The agenda is available here: https://www.middlebury-ct.org/sites/g/files/vyhlif6871/f/agendas/joint_bos_and_bof_special_mtg_agenda_03162023.pdf

There is special concern surrounding the proposed 2023-24 Region 15 school budget. First, the proposed budget increase is largely driven by contractual salary increases and inflation-driven increases in energy, transportation, health insurance, and out of district tuition costs. Middlebury also gained additional students in the last year while Southbury lost more graduating seniors, so the percentage of the budget Middlebury is responsible for also shifted higher.

Second, the pool at PHS is in dire need of repairs, and the BOE is considering a repair bond to cover the estimated $3.5M in repair costs. It would cover this bond cost using a current bond payment that ends this year, and other needed capital repairs such as fire panels, HVAC systems, tennis courts and away bleachers would also be included in the repair bond.

The Superintendent's budget presentation is available here: https://resources.finalsite.net/images/v1677598826/region15org/baq630gx5tdlv7jbjv2z/R15Budget2023-24FINAL.pdf

There is a joint Middlebury/Southbury Boards of Finance and BOE public hearing on March 29th at 6:30pm in the Media Center at PHS. If you can't make the 3/16 Middlebury meeting, you have a second chance to provide input at the March 29th public hearing.

The PHS Girls Swim and Dive team are State Champions, and the Boys Team just won the South-West Conference Championship on March 2nd. We have champion athletes at PHS, and our facilities don't support the exceptional student athletes we're producing. The priorities presented at the special joint budget meeting on Thursday will indicate how Middlebury officials "feel" about the proposed school budget. Without your input, the BOF and BOS may vote not to support the Region 15 school budget.

If you can't attend any of the meetings, please email your opinion to:

First Selectman Ed St. John:         firstselectman@middlebury-ct.org

Selectwoman Elaine Strobel:        estrobel@middlebury-ct.org

Selectman Ralph Barra:                rbarra@middlebury-ct.org

Region 15 Board of Education:    Region15BOE@Region15.org

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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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Hartford Courant: Warehouses face mounting opposition

https://digitaledition.courant.com/html5/mobile/production/default.aspx?edid=e55d9d39-780a-4dd3-b9fa-00f6e536f8d4

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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 SCHEDULES PUBLIC HEARING FOR MARCH 28TH at 7pm.

A sea of red opposition greeted the applicant during last night's Conservation Commission meeting. After almost 3 hours of testimony, the Commission voted on a declaration that the proposed redevelopment of the Timex property will have a significant impact on wetlands, and it called for a public hearing to receive more information on this impact. The hearing is scheduled for the March 28th Conservation Commission meeting, and all members of the public are welcome to attend and speak.

Commissioner Curt Bosco wondered out loud to the Commission's attorney about what would happen if 1,000 members of the public wanted to speak, and Attorney Strub said there were numerous ways to manage the flow of comments from the public, including limiting the amount of time per speaker and discouraging repetitive comments. The Commission also has the option of extending the public hearing to the April meeting if that many members of the public want to weigh in.

We'll be in touch with suggestions on how you can provide your opinion to the Conservation Commission on this critical issue. The MSTA wants every voice to be heard, and we'll work overtime to ensure the Commission fully understands the depth of your feelings on this horrendous project. Thank you for all your support thus far, we couldn't do it without you!

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