#MiddleburyCT #EconomicDevelopment #PlanningAndZoning
By MARJORIE NEEDHAM
A resolution presented by Commissioner Armando Paolino at the January 23 meeting of the Middlebury Economic Development Commission (EDC) was unanimously approved (with one abstention). The resolution opposes approval of the proposed zoning regulation text amendments currently before the Middlebury Planning and Zoning Commission (P&Z). EDC members said it is intended to be a communication to P&Z. Member Frank Mirovsky recused himself because he also serves as an alternate member of P&Z.
At this time, it appears the resolution may not yet be binding because the resolution was not listed on the published agenda for the meeting, and the EDC failed to take the necessary steps to add it to the agenda. When Commissioner David Cappelletti asked Chairman Terry McAuliffe if the resolution was going to be added to the agenda, McAuliffe responded, “Well, we have the line item of ‘Discussion’ … and then I asked Armando if he had anything to discuss.” Other town boards and commissions usually add agenda items under “New Business.”
Regarding adding items to the agenda of a regularly scheduled meeting, the Freedom of Information Act Section 1-225 (c) states, “Upon the affirmative vote of two-thirds of the members of a public agency present and voting, any subsequent business not included in such filed agendas may be considered and acted upon at such meetings.” The usual procedure is to make a motion to add an item to the agenda. Provided there is a second to that motion, adding the agenda item is discussed and then voted on. If two-thirds of the members vote to do so, the item is added to the agenda and the meeting proceeds.
The recording of the EDC meeting makes it clear there was no motion to add the resolution to the agenda. Chairman McAuliffe said if that is an issue, the EDC will hold a special meeting to pass the resolution.
The action taken by the EDC likely affects its ability to have a say in both the architectural merits of the project and any tax incentives the developer should apply for should the project move forward to completion. Reviewing new commercial construction and advising on buildings’ appearances is an EDC function as is considering applications for tax incentives and recommending them to the Board of Selectmen. Once the EDC publicly opposes a project, it seems it would be unethical for it to then turn around and do an architectural review of or consider a tax incentive application for the same project.
The resolution itself is titled “Resolution for a Comprehensive Approach to Development” (see full text below). Paolino introduced it by saying many people had contacted him about the proposed text changes.
The resolution says those text changes “would intensify the use of the commercial property, … strain the local road infrastructure and impact the peaceful enjoyment of the residents of the immediate neighborhoods and the general conduct of life in town.”
It then goes on to suggest what P&Z should do and what it needs to consider. It concludes that P&Z should reject the text amendments and reexamine the town’s commercial and industrial zones “to consider designations where such uses will not radically alter the enjoyment of other development that has occurred in immediately adjacent neighborhoods and the local and state road infrastructure is conducive to such developments.”
The full text of the resolution follows:
RESOLUTION FOR A COMPREHENSIVE APPROACH TO DEVELOPMENT
WHEREAS, the Economic Development Commission (the “EDC”) is constituted to encourage balanced smart economic development in Middlebury, review architectural consistency, and recommend tax incentives where appropriate.
WHEREAS, the Town of Middlebury Planning and Zoning Commission is considering a proposal that would change the zoning ordinances as follows: January 5, 2023 Meeting: Application for text amendments of Sections 9.1 Definitions to add Distribution Facilities, 42.1 Permitted Uses to add Distribution Facilities as a permitted use, 42.2.4 Height of Buildings adding warehouses and distribution facilities not to exceed fifty feet to the current language.
WHEREAS, members of the Economic Development Commission (the “EDC”) have been contacted by a wide array of Middlebury property owners, homeowners, residents and constituent electors and taxpayers of the town regarding the proposed text change that would benefit one property in a commercial zone immediately adjacent to several neighborhoods; the proposed change would intensify the use of the commercial property and conduct of business beyond what is currently provided in the existing commercial zone.
WHEREAS, the new use would strain the local road infrastructure and impact the peaceful enjoyment of the residents of the immediate neighborhoods and the general conduct of life in town.
WHEREAS, the existing former use was a sensitive and consistent approach to development that was in concert with the adjacent residential development that occurred over time. This reality cannot be dismissed solely based on a permitted zone and simply adding provisions to increase intensity of use.
WHEREAS, the Planning and Zoning Commission should also respect that the town has other zones that will not impact neighborhoods in the same way and are better suited to accommodate the commercial intensity, infrastructure needs, and traffic attendant to the proposal currently under consideration.
WHEREAS, the Commission should consider that such a text change may result in other unintended consequences in similar commercial zones elsewhere in town.
WHEREAS, the Economic Development Commission (the “EDC”) maintains that as the town’s growth continues the EDC must recognize not just the desire for economic development and added value to the grand list to occur in such zones, but that such development needs to occur with a comprehensive approach and understanding of other residential and commercial development as it has evolved to date in such areas.
THEREFORE, the proposal currently before the Town Planning and Zoning Commission should be rejected in favor of other areas within town that are better suited for such development. Consistent with this recommendation the Commission should immediately proceed to the re-examination of our commercial and industrial zones to consider designations where such uses will not radically alter the enjoyment of other development that has occurred in immediately adjacent neighborhoods and the local and state road infrastructure is conducive to such developments.
