#MiddleburyCT #P&Z #MSTA #Timex
By MARJORIE NEEDHAM
The Middlebury Planning and Zoning Commission (P&Z) agenda for its Thursday, September 7, meeting includes three public hearings – one of which is a continuance of the Middlebury Small Town Alliance (MSTA) hearing on its application for a town wide moratorium on warehouses and distribution centers that began on August 3 – and three new applications related to an “industrial flex space” at the former Timex property, where Drubner Associates LLC first proposed a distribution center. On August 23, 2023, Timex sold the property to Southford Park LLC for $7.5 million.
On the first night an application comes before P&Z, the commission makes a decision to accept or reject it. An accepted application is then scheduled for a public hearing. Some applicants present a few details of their applications the night they initially present them.
In the case of the distribution center applications, Attorney Edward G. Fitzpatrick, the attorney for the applicant, did not go into great detail the night the applications were first been presented. Instead, he said he preferred to wait to do so at the public hearing. The newspaper does not know his plans for September 7.
The three new applications Fitzpatrick is presenting are: a text change regarding height in the LI-200 zone, a site plan approval, and a special exception for an excavation and grading permit. To access all the documents, go to the town website, middlebury-ct.org. Find Boards and Commissions and click on Planning and Zoning in the dropdown menu. Once you get there, click on “Government,” and choose “Zoning Office” from the dropdown menu. Then click on Southford Park, LLC (under News & Announcements) to get to the information. The developer’s website is www.southfordpark.com.
Public comments are not heard the night of an initial application. Instead, they are part of the public hearing held at a later date, usually the following month.
Public hearings set for September 7 are for an 11-lot subdivision on Washington Drive, a six-lot subdivision on Nick Road, and the continued MSTA application hearing. It calls for a moratorium on distribution facilities of any size and warehouses in excess of 100,000 square feet. P&Z Chairman Terry Smith continued the hearing because the commission was waiting for reports from town counsel and the town consultant.
The meeting will start at 7 p.m. in the Shepardson Community Center Auditorium. It also will be available via Zoom (view only) at us02web.zoom.us/j/85496595139?pwd=cHJoeElwYU9saUZoTlpsWGs0QVNiZz09.
At the August 3 hearing, the legal notice and the Naugatuck Valley Council of Governments’ referral report were read aloud. It was noted 33 people sent correspondence to P&Z prior to the meeting with 32 in favor of the moratorium and one opposed.
MSTA President Jennifer Mahr made the presentation for the applicant, dividing her talk into three sections: why the moratorium was needed, what else the moratorium could achieve and what should be considered if a moratorium is approved. She began by saying Middlebury has been profoundly impacted by the distribution center proposal, and P&Z needs time to consider whether the project conforms to the Plan of Conservation and Development (POCD) standards and Economic Development Commission goals. She said a moratorium would create the space and time necessary for discussion, and when zoning changes are proposed, all the parties need to participate. She also said zoning shouldn’t be changing while an application is before P&Z and suggested a land use analysis be done of the Timex property.
Looking at what more a moratorium could achieve, she said the town is in a “buy one, get one free” position because an updated POCD will be due to the state in two years. Updating it uses the same process as a moratorium would. She also suggested the charrette process for both the moratorium and POCD updating. In this process, professionals, local planners, citizens and other stakeholders work together to develop a plan.
Should the moratorium be approved, Mahr proposed traffic and roadway safety be studied. She also said health, environmental and economic impacts of such a facility could be considered. She said asking what is wanted in an industrial zone is a legitimate question and everyone’s opinion should be heard and respected.
She concluded by reiterating earlier statements that current regulations do not allow distribution facilities, and warehouses are only allowed in conjunction with onsite manufacturing. She said a moratorium is critical and will create time and space for the community to consider its future.
P&Z Chairman Terry Smith then opened the floor for public comments. Three people opposed the moratorium, all with connections to land in the light industrial zones. Twenty-three spoke in support.
Supporter Ann (Raimo) Zimkus asked Smith when they will know if the moratorium is approved. Smith said he was not sure, but P&Z has two months to hold a public hearing and a third can occur if an applicant agrees. P&Z then has 65 days after the public hearing closes in which to make a decision.
UPDATES: Paragraph one was updated twice – September 6 and 7 – for clarification of the new applications.
