Middlebury Selectmen Approve Tax Appeal Settlement, Delay Historic Properties Commission Decision

MIDDLEBURY, CT — The Middlebury Board of Selectmen voted unanimously Oct. 5 to authorize a settlement in a property tax appeal involving 765 Straits Turnpike, while postponing a decision on creating a Historic Properties Commission following disagreements over how the proposal should be reviewed.

The board also extended its current town attorney's contract through Nov. 30, approved a homeland security grant agreement resolution and postponed a decision on whether to reduce the number of regular selectmen's meetings.

All three selectmen participated in the meeting, and the recorded votes were unanimous.

Selectmen Authorize Settlement Of Property Tax Appeal

Following a 10-minute executive session, the board voted 3-0 to authorize attorney Brian McCann to sign a stipulation for judgment settling the tax appeal in Infinity VI v. Town of Middlebury, involving the property at 765 Straits Turnpike.

First Selectwoman Jennifer Mahr introduced the motion, which Selectman Brian Shaban seconded.

The executive session began at 5:35 p.m. and included Mahr, Shaban, Selectman J. Paul Vance, McCann, Town Attorney Barbara Schellenberg, Tax Assessor Chris Kelsey and Board of Finance Chairman Vincent Cipriano.

The board returned to public session at 5:45 p.m. and approved the settlement.

Historic Properties Commission Proposal Postponed

The board voted 3-0 to postpone consideration of a proposed Historic Properties Commission until its Oct. 19 meeting.

Mahr proposed establishing a study committee as an initial step toward creating the commission. She said the committee could examine Hawkeye Farm at 352 Judd Hill Road.

Mahr expressed support for a model in which individual property owners could voluntarily seek historic designation for their properties, with ordinances developed for those properties.

Shaban said he supported the concept but wanted additional time to research the proposal before voting.

Vance called for a more extensive, impartial review of the proposed commission, including applicable state laws, possible tax implications and the effects of historic designation on property owners.

He suggested appointing a committee of residents to examine those questions and prepare a written report for the Board of Selectmen.

Vance also proposed holding a public hearing before the board made a final decision.

Mahr questioned the need for a separate committee to perform work she believed was the responsibility of the selectmen. She said board members already had information about the proposal and could conduct additional research themselves.

Vance maintained that an independent review would help ensure the decision was based on facts and addressed potential conflicts of interest.

Shaban suggested inviting residents interested in serving on a study committee to attend the next meeting.

Mahr subsequently moved to table the discussion until Oct. 19. Shaban seconded the motion, which passed unanimously.

No historic properties commission or study committee was established at the meeting.

Town Attorney Contract Extended Through November

The board voted 3-0 to extend the town attorney contract with Zabel & Schellenberg PLLC through Nov. 30 while the town evaluates proposals from other law firms.

Mahr said the town had received six responses to its request for proposals for legal services.

She distributed a comparison of the proposals prepared by Chief Financial Officer Seth Bernstein.

Mahr proposed interviewing the three leading candidates at a special meeting Oct. 13.

Shaban suggested allowing additional time for the selection process, while Vance requested copies of all proposals before interviews.

Mahr said reference checks had not yet been completed and that she planned to conduct them the following week.

She also noted that the current legal services agreement was scheduled to expire Oct. 29, the same day police contract negotiations were scheduled to begin. A small claims court hearing was scheduled for Oct. 30.

Shaban moved to extend the existing legal services arrangement, and the board unanimously approved Mahr's motion to continue the contract through Nov. 30.

Selectmen Consider Reducing Meeting Frequency

The board postponed approval of its 2027 meeting schedule after discussing whether to meet once a month instead of twice.

Mahr initially proposed moving regular meeting times from 5 to 6 p.m., saying the later start could make meetings more accessible to residents.

Shaban and Vance opposed changing the time.

Shaban suggested reducing the number of regular meetings to one per month, subject to the town charter.

Vance supported considering the change.

Schellenberg said the board could schedule special meetings when necessary if it adopted a monthly schedule.

Mahr withdrew her original motion and proposed further review of possible meeting dates, times and any implications for processing tax rebates.

The board voted 3-0 to postpone the decision.

Homeland Security Agreement Resolution Approved

The selectmen unanimously approved a resolution authorizing the town to enter into agreements with the Connecticut Department of Emergency Services and Public Protection concerning Region 5's 2025 Homeland Security Grant Program.

The resolution authorizes Mahr to execute necessary documents on the town's behalf.

Mahr said Middlebury had not used grant funds during the current year but that the resolution would allow the town to sign agreements in the future.

No specific grant expenditure was approved.

Commission On Aging Appointments Approved

The board unanimously approved three appointments to the Commission on Aging:

• Linda Mucciacciaro, a Democrat, was reappointed for a term running from Aug. 5, 2026, through Aug. 5, 2028.
• Janice Joseph, a Democrat, was appointed to fill a vacancy through Feb. 22, 2027.
• John Jenusaitis, a Republican, was appointed to fill a vacancy through Nov. 6, 2026.

The board also unanimously accepted Nancy Mastroianna's resignation from the commission, effective July 17.

During the appointment discussion, Vance requested that future meeting agendas identify candidates' political affiliations to help the board assess partisan representation.

Mahr agreed to include that information on future agendas.

Zoning Regulations, Route 64 Study Discussed

Mahr encouraged residents to review the town's draft zoning regulations, which were available on the Planning and Zoning Commission's website.

She said the commission was working to schedule a public hearing.

Mahr also announced an Oct. 15 public meeting concerning the Route 64 Corridor Study, scheduled for 6 p.m. at 1172 Whittemore Road.

She said the study, conducted by the Naugatuck Valley Council of Governments on the town's behalf, covers the downtown Four Corners area toward Memorial and examines pedestrian access, roadway markings, street crossings and related improvements.

Mahr also acknowledged the Middlebury 250 Committee for its work over the previous 15 months. She said the committee had held its final meeting in September and planned one remaining event: installation of a commemorative plaque at the Breakneck Hill campsite.

Dog Park Proposal Draws Public Comment

During public comment, Marjorie Needham, publisher of the Middlebury Bee-Intelligencer, discussed a proposal for a dog park at Schoolhouse Park.

Needham said she had received largely positive feedback after publishing an article about the proposal.

She said one person had objected because of concerns about insurance costs and responsibility for cleaning up after dogs.

Needham described the proposed location as a 2.5-acre area originally developed as a soccer field but never used for athletics.

The board did not vote on the dog park proposal.

Resident Dana Shepard asked whether the town could provide a side-by-side comparison of existing and proposed zoning regulations.

She also supported considering monthly Board of Selectmen meetings and suggested a 6 p.m. start time.

Other Business

The board unanimously approved a $39.90 tax rebate for El Daccache Romeo and approved the minutes of its Sept. 8 meeting.

The Oct. 5 meeting began at 5 p.m. and adjourned at 5:55 p.m.

The next regular Board of Selectmen meeting is scheduled for Monday, Oct. 19, at 5 p.m. in the Town Hall conference room.