Conservation Commission favors appeal

#MiddleburyCT #ConservationCommission #Appeal

Middlebury Conservation Commission members, left to right, Peggy Gibbons, Chairman Paul Bowler, Curtis Bosco, Joe Bernardi, George Tzepos, Joe Martino and Mary Barton prepare to enter an executive session with attorney Jim Strub, far right. (Marjorie Needham photo)

By MARJORIE NEEDHAM

The Middlebury Conservation Commission emerged from an executive session Tuesday, February 11, and voted to take steps leading to an appeal of Judge John L. Cordani’s January 31, 2025, decision favoring the Middlebury Small Town Alliance over Middlebury’s Conservation and Planning and Zoning Commissions. Present and voting to recommend to the Board of Selectmen an appeal of the judge’s decision were Paul J. Bowler, Mary G. Barton, Joseph P. Bernardi, Curtis Bosco, Joseph Martino, and George C. Tzepos. Commissioner Margaret F. Gibbons voted against doing so. Judge Cordani’s decision stopped, at least temporarily, demolition of the Timex Building at 555 Christian Road and erection of two buildings totaling more than 700,000 sq. ft.

The evening was a bit more exciting than expected, at least for this reporter. Executive sessions exclude all but those invited to attend. In this case, only attorney James Strub had been invited to join commissioners in a discussion of Cordani’s decision.

Banished from the room, this reporter settled into a comfortable chair near the door and waited for Strub to let her back in the room when the executive session concluded. Sitting there, she chatted with a resident who also was waiting for the executive session to conclude. We could hear the murmur of voices from inside the room, but we could not distinguish what was being said. Then, suddenly, Chairman Paul Bowler’s voice rose above the murmur as he said, “Shall we take a vote?”

Triggered by the word “vote,” I jumped from my chair and flung open the door, starting to say, “You have to wait to vote until you come out of executive session,” but my words were immediately drowned out by shouts from commission members to get out of the room. Commissioner Mary Barton took control of the situation and calmly explained to me that she had corrected Bowler and told him he could ask for consensus. I thanked Barton and left the room.

Following the meeting, Bernardi said to me (jokingly, I hope) that if I barged into an executive session again, he’d put me in a half nelson or perhaps even a full nelson.

The next regularly scheduled Conservation Commission meeting will be Tuesday, February 25, at 7:30 p.m. in Room 26 at Shepardson Community Center.