#MiddleburyCT #TranquillityVineyard #DaleBarton #PlanningAndZoning
Attorney Franklin Pilicy on Wednesday, July 30, had complaints served to the Town of Middlebury Planning and Zoning Commission (P&Z) and Tranquillity Estates LLC on behalf of Pilicy’s client, Dale Barton. Barton is a Middlebury resident whose property abuts Tranquillity Vineyard. The served parties are to appear by written appearance before the Waterbury Superior Court on August 26, 2025.
The complaint addresses the P&Z July 10, 2025, approval of a Tranquillity Vineyards site plan. It states that, in approving the application, P&Z “abused its discretion and acted contrary to its Regulations and established Connecticut Law.”
It then states P&Z improperly approved the site plan application in one or more of a list of ways. The list includes the property use is not authorized under the regulations. It also states the zoning compliance in a July 12, 2024, Certificate of Zoning Compliance issued by Middlebury Zoning Enforcement Officer Curtis Bosco “does not conform to the Middlebury Regulations” and/or Tranquillity “is not operating its winery use in accordance with Zoning Compliance and Regulations” in one or more of the following ways:
- The alleged non-conforming use of the property does not conform to Section 10 of the Regulations
- The claimed non-conforming use does not conform to the Regulations
- The claimed non conformity is not in fact a non-conformity because the present use of the property for a commercial winery including events such as weddings and parties and for nightclub type activities are different than the uses claimed as non-conforming
- The portion of the property where the claimed non-conforming use occurred is not even part of the subject property, but said portions of the original property has (sic) been sold to others. The subject property consists of approximately 8 acres carved from the original farm property then owned by the Whittemore family.
It also says the approval is improper based on other matters as may appear when the Return of Record is filed with the Court.
This is breaking news. Additional information will be added as it becomes available.
