Middlebury Zoning Board closes hearing on Southford Park appeal, delays decision to May 6

The Middlebury Zoning Board of Appeals closed a public hearing on Thursday night and agreed to postpone deliberations on Southford Park LLC's appeal of a zoning-compliance denial until its regular meeting on May 6, 2026.

Attorney James R. Strub, representing counsel in the matter, read a written opinion and accompanying exhibits that reviewed Judge John L. Cordani's January 31, 2025 decision and the state statute known as CGS §8-3m. Strub told the board the statutory issue and the Cordani opinion are also the subject of a pending appeal in the Connecticut Appellate Court, and outlined how those parallel proceedings could affect whether municipal approvals are reinstated.

Why it matters: the appeal challenges a November 19, 2025 denial by Certified Zoning Enforcement Officer Curtis Bosco of a Certificate of Zoning Compliance for Southford Park's site-plan and special-exception approvals for property at 764 Southford Road. If the appellate court upholds a claim that the superior-court interpretation of §8-3m was incorrect, previously granted municipal approvals could be reinstated; if not, the CZEO's denial would be supported by the Cordani decision.

At the meeting, the board heard Strub explain that the Zoning Board of Appeals has independent jurisdiction under Conn. Gen. Stat. §§ 8-6 and 8-7 but that a petition to the Appellate Court is the proper venue to challenge a judicial interpretation of §8-3m. "It is my opinion that the Zoning Board of Appeals may only vote to confirm Middlebury CZEO's Denial of the Certificate of Zoning Compliance," Strub told the board as part of his written advice, while also noting the board members remain free to deliberate and vote in accordance with their view of the record and the law.

Bosco's denial is in the administrative record; in a November 19, 2025 letter he wrote that "as Certified Zoning Enforcement Officer for the Town of Middlebury, I am required to deny the Certificate of Zoning Compliance as a result of the Court's interpretation of Section 8-3m of the Connecticut General Statutes, as outlined in the decision of Judge John Cordani on January 31, 2025." That letter is included among the exhibits read or filed with the ZBA.

Board action and procedure: by unanimous voice vote the board closed the public hearing on Application #25-202Z and then unanimously approved a motion to table deliberations until May 6, 2026. Under the applicable statutes the ZBA has 65 days to issue its written decision after the public hearing is closed unless the applicant consents to an extension. The board chair and counsel discussed the option for the ZBA to request a draft resolution from counsel; Strub told the chair he would prepare one if requested.

What remains: with deliberations postponed, the ZBA will review the record and the advice given at the April 1 meeting before voting. Either side may pursue further judicial review of any ZBA decision: Strub made clear that challenges to the superior court's interpretation of §8-3m are for the appellate courts to decide.

The board adjourned at 8:08 p.m.; the next regular meeting is scheduled for May 6, 2026, at 7:30 p.m. in Shepardson Community Center Room 26.