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Middlebury commission approves Trout Estates excavation plea, allows on-site rock crushing

Town of Middlebury Planning & Zoning Commission · August 6, 2026
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Summary

The Planning & Zoning Commission unanimously approved Trout Estates Middlebury’s special exception for excavation and grading at 72 Nick Road, permitting on-site crushing with operational limits and dust controls after hearing technical details and neighbor-notification confirmations.

The Middlebury Planning & Zoning Commission voted unanimously Aug. 6 to approve a special exception allowing excavation and on-site rock crushing for Trout Estates Middlebury LLC at 72 Nick Road (Application #26-17Z).

Attorney Lauren Geary told the commission the application had earlier approvals and had been reapproved in 2024; Scott Myers of Myers Associates PC described a five-lot development and the contractor’s plan to process rock on-site. Myers said, “The applicant is looking for approval to crush rocks on the site because the entire developed area needs to be blasted at some depth.” The applicant presented a dust-control plan, a crusher location on the site plan, water-tank support and a statement that no on-site fuel storage would be used.

Commission members heard estimated material quantities and operational limits. Myers gave excavation estimates of roughly 1,000 cubic yards per lot (about 5,000 cubic yards for the five lots), plus an additional 7,000–10,000 cubic yards to build the roadway and utilities, for a maximum expected excavation “around 12 to 14 thousand yards,” as presented to the panel. The applicant proposed crushing hours of 8 a.m. to 5 p.m., Monday through Friday, and said a staging area would be used so crusher operations would be limited to portions of the site that had been cleared and blasted.

Matthew Robison moved to approve the application; Randolph Adler, Jr. seconded and the motion passed unanimously. The commission recorded no abstentions. The approval requires adherence to the submitted dust-control measures, hours of operation and the applicant’s representation that no fuel tanks will be stored on-site.