Sound View Commission
Meeting Minutes — Unapproved
27 February, 2012
Town Hall, 7.30 pm
Present: Frank Pappalardo (Chair), Joann Reis Lishing, Michaelle Pearson (Secretary), Harry Plaut, David Kelsey, Russ Carlo (Alternate)
Absent: Frank Maratta (Alternate), Joseph Camean (Alternate),
Also present: Selectwoman Mary Jo Nosal (ex officio); members of the public.
7.29p Meeting called to order by Frank Pappalardo.
7.30p Joann Lishing moved to approve minutes of 11/28/11. Dave K proposed two minor changes. Seconded by David Kelsey. Approved, with corrections.
Public Comment: None.
7.40p Correspondence:
Sound View Project Update:
7.46pm Frank Pappalardo described the project: family-friendly park, bike connection, ADA-accessible restrooms, improved parking. The grant application has received the full support of CRERPA and its member towns. Mr. Pappalardo reported that First Selectwoman Bonnie Reemsnyder had written letters to State Representative Marilyn Giuliano and State Senator Andrea Stillman asking for their support of the application for funding under the CT Transportation enhancement program. The letters described the project in detail, including that it has the unanimous support of CRERPA.
Mr. Pappalardo stated that he met with the Deputy Commissioner of CT Economic Development, who reviewed the proposal and cost estimates and seemed very impressed. He thanked Sound View resident Angelo Faenza for helping to set up the meeting.
7.50: Business:
Pavilion Bar Bus request:
After the last Commission meeting, and before the Selectmen’s meeting, there were a number of letters and emails to the selectmen concerning this issue. Mr. Pappalardo read letters from the following, all of which expressed strong disapproval of lifting the bus ordinance per Mr. Maratta’s request: Paul Rowean, President, Old Lyme Shores; Scott Boulanger President, Federation of Old Lyme Beaches; Ron Bianca, President of Hawks Nest Beach Club; Mark Mongillo, President, Miami Beach Association.
This Commission sent a letter, as requested, to the selectmen offering our opinion and reluctant approval that it might be possible to lift the bus ordinance under very specific and restrictive conditions for certain specified dates and times. The Commission cited public safety issues and private property owners’ concerns, and asked that a written plan be submitted detailing any requests, for the Selectmen to review. The Town should be notified in advance regarding the nature of the request, the sponsoring organization, bus company contact, etc.
This letter was read at the Selectmen’s meeting, and is probably part of the Selectmen’s minutes.
The Board of Selectmen have denied the bus request because the reason it was adopted was for public safety and exceptions made in a blanket approval would undermine the purpose of the ordinance. A request will be considered for approval if a specific date and time are given, along with details of the event which should include the maximum number of buses and individuals to be transported. As stated in the ordinance, requests must be made within 30 days of the event.
Harry Plaut: Now as it stands, the bus ordinance holds true. But that doesn’t stop him (Mr. Maratta) from having an event. He doesn’t have to notify anybody.
The issue was that Frank (Maratta) wanted to have a bus come down and drop people off (at the Pavilion Bar). He can hold the event.
Frank Pappalardo: We are very familiar with the issue, Harry. The Commission doesn’t approve or disapprove the bus requests. We were asked for a recommendation by the Board of Selectmen.
Harry Plaut: I want everyone to be aware that the event or events could still possibly go on.
Frank Pappalardo: That’s for the Selectmen and Public Safety to determine how to handle. If the events are well organized and nothing happens, who knows what next year holds? But if there turns out to be a problem…who knows what next year holds? We all understand that according to Frank Maratta, he doesn’t need an approval to hold an event. Our request from the Selectmen was regarding the buses. The rest of the issues are for public safety and the selectmen to keep an eye on and are not within the purview of the Commission at this time.
Russ Carlo: From what I see throughout the summer, there are always police racing down to the Pavilion Bar. So there’s always a problem there, whether there’s an event or not.
8.10p Business: Discussion of Operating Procedures Manual. Joann Lishing asked for some guidance regarding priorities. Mr. Pappalardo said he thought Public Works would be a good starting point. Mr. Plaut agreed, saying anything to do with streets, traffic signs, trash cans, traffic flow, garbage collection, lawn maintenance, beach and alley maintenance, repairs on municipal property, towing, etc. Ms. Pearson said that much of the manual doesn’t necessarily involve activity so much as having the appropriate contact numbers or dates for certain situations that occur. For example, when does the twice-weekly trash pickup begin? Who is the appropriate contact if a resident wished to report trouble with the swim lines, or the alleys, etc. The manual should act as a quick reference for those questions that come before the Commission
and Selectmen every year.
David Kelsey suggested that we should start with a calendar. Mr. Plaut agreed, saying that a calendar should probably start with April 1st, and extend into the fall.
Ms. Lishing said she would circulate her draft via email for Commissioners to comment on before our next meeting.
8.20pm New Business: Permitted Parking Lots. Fees and conditions.
Frank Pappalardo said, a little over a year ago, (then First Selectman) Tim Griswold asked him to look into the fee structure of the permitted parking lots. The concern Tim had was that the fee assigned, $10, later $20 per space, was arbitrary, and should really be tied to actual expenses and market rates. A discussion regarding different methods of determining a more accurate per-space assessment ensued. Mr. Pappalardo thanked everyone for their input and said he would collate the proposals discussed for further review at a later date.
8.39pm Noise Complaints:
Mr. Pappalardo stated: Throughout last Summer and into the Fall, the Commission had numerous complaints from residents regarding noise emanating from two primary sources, the Pavilion Bar and Lenny’s. I have the ordinances of the Town of Old Lyme. Chapter 95 Article 1: 95-1 thru 95-28. These are town ordinances, which are enforceable by the police, not zoning.
The Pavilion is in the R-10 zone, and Lenny’s is in the SVVD (Sound View Village District). Noise district classifications 95-9. The Pavilion is also in a natural resource protection area which may have some applicability later on.
The decibel levels for the R-10 zone are Daytime 55dB, night 45dB. 55dB is equivalent to the noise that a dishwasher makes, or an average conversation. Section 95-14. This is an ordinance and enforceable by the police, not zoning. The OL Assessors linecard on the Pavilion Bar shows that it is in the R-10 zone, so it’s clear that we have some issues with Frank (Maratta).
Lenny’s is in the SVVD zone, which means they cannot emit beyond their boundaries to the same levels as R-10 abutter. The bottom line is that sound has to stay within the building. There is no way an appropriate decibel rating can be achieved with amplified music outside the building.
There is also an Ordinance from the Town Meeting records dated June 8th 1972 which prohibits the use of amplifiers or loudspeakers to publish a program, either musical or otherwise, upon the beach or the roadways or the adjoining area. The use of loudspeakers, amplifiers or sound-producing equipment directed outside the building is declared a misdemeanor and is prohibited.
The issues with Lenny’s are slightly different in that they have a decision from State Liquor control commission against them saying that they cannot have amplified music on their premises. Therefore, this aspect does come directly under zoning. They have evaded this State Liquor control decision by constructing a deck which is not connected to their premises, however, they never filed a site plan as required in OL zoning regulations (5.13). This is all referenced in the Zoning minutes.
Here are our issues: The Pavilion Bar cannot have outdoor amplified music, Lenny’s cannot have amplified music or a deck and neither appear to be in compliance the existing regulations. If we go to Zoning and public safety and selectmen, I want to make sure we all understand the ordinance well. On my read of this, there’s no way we should have this problem. It’s clear that there have been attempts to deal with this problem, but no enforcement.
New Business:
Ms. Pearson: I have a question for (Selectwoman) Mary Jo (Nosal). One of our neighbors on Portland Avenue, Isabel Naumowitz, feeds the seagulls several times a day. This mixture of crab claws, pasta and dog food is then sprayed all over the neighborhood by hundreds of circling gulls. Many of the neighbors have tried to speak with her about this, but have been met with shrieks, threats and curses. Is there someone to speak with about this? I know many towns have ordinances against feeding wildlife. Selectwoman Nosal: I suggest you let the police know about the situation. Perhaps when they stop by on a checkup visit to her, they could tell her it’s creating a nuisance and a health issue.
Mr. Carlo: I would like to address the ongoing problem of commercial vehicles on Swan avenue.
Mr. Pappalardo: We’ll put that on the agenda for the next meeting.
9.10
Motion to adjourn made by Harry Plaut, seconded by Joann Lishing. Motion carried, meeting adjourned at 9.10pm.
Respectfully submitted,
M. Pearson, Secretary
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