#MiddleburyCT #MSTA
Middlebury Planning and Zoning members on Thursday, February 6, emerged from an executive session and voted to appeal Waterbury Superior Court Judge John L. Cordani’s January 31, 2025, decision favoring the Middlebury Small Town Alliance (MSTA). Cordani found the MSTA had established that the Middlebury Planning and Zoning Commission and the Middlebury Conservation Commission approvals of an application for a warehouse/distribution center were “inconsistent with applicable law.”
Stating that the Middlebury P&Z believes the issues in the decision were decided improperly and it is in its interest to take steps to have the decision reversed, P&Z voted unanimously to recommend to the Board of Selectmen that P&Z file a petition for certification with the appellate court in an effort to have the decision reversed. It also recommended hiring Secor, Cassidy & McPartland PC to prepare and file the petition and to pursue the appeal if the petition is accepted by the appellate court.
P&Z members present and voting were Chairman Terry Smith, Paul Anderson, and Erika Carrington, and alternate members Brendan Browne and Joseph Mancini. Absent members were Linda Herrmann, Matthew Robison and alternate Frank Mirovsky.
Because the petition has to be filed by February 20 (unless a 20-day extension is requested), it is likely the P&Z recommendations will come before the Board of Selectmen at their meeting at their Tuesday, February 18, at 4 p.m. They usually meet on Monday, but February 17 is Presidents Day.