Nimble Middlebury developers reconfigure warehouse application to thwart legislature’s abuse of power.

Welcome to Southward Park in Middlebury. It’s a 77 acre in a zone that permits warehouses. And the parcel includes fewer than five acres of wetlands.

A proposal earlier this year on a larger lot in the same spot to build a warehouse caused considerable local engagement–in a way that only local zoning does. The developers’ application meets the requirements of its designated zone so requires only a site plan approval, a routine special permit when more than 1000 cubic feet of dirt is moved (which is most projects) and a text amendment on building height.

Legislative leaders and Governor Ned Lamont diminished themselves in June when they agreed to include a House Republican provision in the state budget that prohibited Middlebury from approving the original warehouse proposal. The budget section applied to towns with a population between 6,000 and 8,000. It specified warehouse or distribution facilities of more than 100,000 square feet on a site with less than 150 acres that contains more than five acres of wetlands and is not more than two miles from an elementary school. The scheme was first reported in Daily Ructions.

Developers have reconfigured the parcel, reducing the area designated as wetlands to below that lethal five acres standard. You can read more about the proposal here.

The zoning process will proceed.

Published September 1, 2023.