OLD LYME ZONING COMMISSION
PUBLIC HEARING
Monday, October 10, 2012
The Old Lyme Zoning Commission held a Regular Hearing on Monday, October 10, 2012, at 7:30 p.m. in the Auditorium of Memorial Town Hall. Those present and voting were Jane Cable, Chairman, Jane Marsh, Secretary, Tom Risom (Regular Member), Pat Looney (Regular Member), Ted Kiritsis (Alternate) and Harland Frazier (Alternate).
Also present: Ann Brown, Zoning Enforcement Officer.
Chairman Cable called the Public Hearings to order at 7:59 p.m.
1. Petition to Amend the Old Lyme Zoning Regulations to allow in a Light Industrial District (LI-80) zone the constructing and operating of indoor recreational facilities. This would be a “Special Permit Use” under the provisions of Section 5.12.3 of the Zoning Regulations, Kasie Munson, 7 Duchess Drive and Patrick Pryor, 41 Jericho Drive, applicants.
Chairman Cable noted that this Public Hearing has been continued from the September Regular Meeting. She stated that Mr. Johnson was present last month and indicated that if a decision is not made this evening he will listen to the testimony and participate in the decision next month. Mr. Risom indicated that he was not at the September meeting and would not be participating. Chairman Cable noted that Mr. Frazier and Mr. Kiritsis would be seated for this hearing.
Chairman Cable stated she believes that the hearing was continued to allow the applicants to get information on parking and to address the concerns of the roadways. Attorney Cronin stated that Ann Brown has submitted a short memorandum that indicates that every Town deals with the problems in a different way. He indicated that the Town of Old Lyme Zoning Regulations require there be one parking space for every 4 legal occupants. Attorney Cronin stated that he has discussed the matter with several Fire Marshals and looked at the State Code and the result is that it is very difficult to determine the maximum number of legal occupants. He noted that the size of the building, the use of the building, the square footage of area for the general public, area of the food service facility, if any, storage
area, maintenance facilities, etc., are all considered in determining this number. He noted that some areas are excluded, such as storage, because they do not count as areas for public use. Attorney Cronin stated that even in the areas that are for public use they consider the number of seats/seating area. He explained that without building plans this number cannot be calculated. Attorney Cronin stated the multi-use facility in Old Saybrook is approved for 300 persons and is approximately 1200 square feet, which gives some idea of how many parking spaces would be provided. He indicated that the Zoning Regulations appear to be quite liberal in the number of parking spaces that are required.
Attorney Cronin stated that a relatively new facility is the Farmington soccer facility which he has been to several times. He indicated that he met with the Town Planner in Farmington and learned that the facility is on a 9.13 acre tract of land. Attorney Cronin noted that that is the same size as the property they are discussing. He noted also that the Farmington facility is twice the size of the facility being proposed in Old Lyme, 118,000 square feet. Attorney Cronin stated that there are approximately 200 parking spaces for this facility. He noted that the plan for the Old Lyme facility has 270 parking spaces and he feels this would be more than adequate based on the Farmington facility. Attorney Cronin stated that the facility added an outdoor field and the Town Planner
acknowledged that they have some parking spilling onto Executive Drive. He indicated that the service of liquor is prohibited in the Farmington facility and the issuance of liquor permits is prohibited in the Industrial Zone in Old Lyme.
Attorney Cronin stated that the Farmington Planner also indicated that they have no problem with traffic going to the facility and noted that it is located in an Industrial Park. He explained that he has the plans of the Farmington Facility and noted it is in an Industrial C-1 Zone and he noted that he has attached a copy of the requirements of the zone noting that it is very similar to Old Lyme’s. He submitted this information for the record. He noted that Fuss and O’Neill submitted a 35 page traffic report that went into the concept of the changing activity and how that spreads the cars out over a long period of time and is mostly on the weekends when there is no “industrial” traffic. He stated that the soccer facility had no impact on the roadways.
Mr. Kiritsis stated that at the last Public Hearing there was concern regarding soccer tournaments where there might be many teams at the facility at once, some playing and some waiting for their next game. He questioned whether this type of activity is addressed in their proposal. Chairman Cable noted that the applicant does not have a specific application as they are only requesting a Regulation change. She noted that specific parking requirements would be addressed during the application process.
Mr. Kiritsis questioned whether the Planning Commission discussed the roads when they approved the amendment. Attorney Cronin stated that he was not present at their meeting and saw no discussion of roadways in their minutes. He indicated that the location is optimal because of its proximity to I-95.
Ms. Marsh read a letter from Mark DieBolt in favor of the amendment, but asking questions regarding the traffic and potential impact on development of other industrial properties.
Elizabeth Lundy, lives in the rear of the facility at 3 Butterwick Lane. She indicated that she appreciates what an indoor facility would do for the children of the area but noted that the facility will be right in her back yard. Ms. Lundy stated that there is already an emergency access road that runs directly through a shared driveway she has with her neighbors. She noted that she had a break-in of her home. Ms. Lundy stated that no one can guarantee that the teenagers using this facility will be well supervised. She indicated that she is concerned about bio-hazardous waste. Ms. Lundy stated that when Kellogg was being constructed she listened to the noise for one and one-half years. She noted that they hear back-up alarms of trucks in the evening and it affects the quality of
your life. Ms. Lundy stated that if the facility is 3.5 stories high, there is not a barrier that will hide the size of the structure. She indicated that this is not the location for a sports facility.
Axel Noxi stated that has a fitness facility in the Industrial Park in East Lyme and there are several others located there, along with townhouse condominiums. He indicated that there has been no impact to the residences and the businesses have created jobs. Mr. Noxi stated that as a father of two sons that play indoor soccer, he travels daily to indoor facilities and sees how the business is run. He stated that there are wonderful parents and kids and does not see improper behavior.
Art Misiaszek, 6 Lantern Lane, stated that he is in close proximity to the site. He indicated that the Zoning Commission’s charter is to achieve orderly growth and protect the Town’s natural resources and the health and safety of the public. Mr. Misiaszek stated that there are no sewers so the public is concerned about surface run-off. He indicated that the noise travels pretty far. He indicated that he was involved with hockey in college and it was a 22 hour a day operation.
Brian Ziolkovski, 2 Butterwick Lane, stated that he is concerned with the hours of operation. He stated that he has two small children and recreation is close to his heart and he is all for it. Mr. Ziolkovski stated that at midnight, public safety is turned over to the State and this officer is assigned to the highway also. He indicated that there is not adequately public safety if this facility is opened late at night/early morning. Mr. Ziolkovski stated that the Farmington Police Department is full time. He indicated that he would not like to see the facility open later than 10:00 p.m.
Bob Brinkerhoff, 18 Somerset Lane, stated that he is in support of the initiative. He indicated that he has a seven year old and would like to see her be able to participate in events at this type of facility. Mr. Brinkerhoff stated that he would like to see the developers deal with the issues of traffic off I-95 because no one wants to see the back roads being used for access. He stated that he is the general manager of a facility in Old Saybrook and they have over 200 people, a three shift operation, and are nestled right in a neighborhood. Mr. Brinkerhoff stated that they are a very good neighbor and take measures to be quiet.
Ms. Roberts, 70 Boston Post Road, stated that the benefit for children out weights any negatives. She indicated that she listens to buses go by her property all day long as well and it something that every town has to deal with. She stated that she is sure there are environmental concerns with that. Ms. Roberts stated that any concerns and problems with children can be addressed; this situation is no different than the Towns Wood Recreation Complex.
Roger Rose, James Court in Old Saybrook, stated that he is the owner of Stay and Play in Old Saybrook. He noted that they too are located in an industrial zone and have had none of the problems brought up this evening. Mr. Rose stated that he can attest to the appreciation of people of having such a facility locally. He explained that they are currently using 6,000 square feet of a 25,000 square foot facility, with 75 parking spaces.
Victoria Linea, 24-2 Short Hills Road, stated that even though she is sympathetic to the concerns of the surrounding neighbors, the character of the applicants is such that they will be good neighbors in the development of this project. She stated that when the Zoning Regulations were put in place they did not specifically mention indoor recreation facilities and it may be because these types of facilities were not popular at the time, rather than they are not appropriate for the industrial zone. Ms. Linea stated that she supports the application.
Ms. Krasney, 7 Butterwick Lane, abutting neighbor to the proposed property, stated that her children play sports at many of these types of facilities. She indicated that the Commission should consider the type of area where it is to be located, the distance between the complex and the residential community, public safety. Ms. Krasney stated that finding a parking space during at tournament at the Farmington facility is frustrating. She noted that that facility is located in a wooded area, not within 200’ of a residential property such as the proposed facility. Ms. Krasney stated that the facility should not be open later than 10:00 p.m. and should not be open again in the early hours. She indicated that an out-door field would add a lot of noise.
Courtney Gillette, 9 Azalea, stated she is in favor of the proposal. She provided various facts regarding sports and the benefits to children. She noted that there will not be tournaments at a facility that only has one field. Ms. Gillette stated that there may be problems with Kellogg but this type of facility will not have delivery trucks and other outside disturbances.
Eileen Mueller, 4 Butterwick Lane, stated in order to be profitable, they will need to maximize the hours of operation. She indicated that she spoke to every company in the Hatchetts Hill Industrial Park to find their hours of operation. Ms. Mueller stated all the hours of operation are 8:00 a.m. at the earliest and close by 8:00 p.m. She noted that most of them are also Monday through Friday businesses. Ms. Mueller stated that the hours of operations should be considered, along with the type of facilities. She indicated that if the operation is not successful they should consider what other type of use the building could contain. Ms. Mueller gave an example of another building that was constructed recently which cannot be easily retrofitted to another use.
Property owner of 5 Butterwick Lane stated that she did research on building an ice rink and learned a lot about the operations and how the hours of operation must be optimized to be profitable. She indicated that 200 parking spaces mean a lot of cars in and out and she noted that there will be mechanicals outside on the roof that will be 200 feet from her property. She submitted the information she researched which was marked Exhibit R.
Ms. Albert, 34 Champlain Drive, stated that she is in favor of the amendment. She indicated that she moved to Old Lyme 33 years ago when her husband was asked to be the manager of and aid in the construction of the arena at Connecticut College. Ms. Albert stated that they had a wonderful experience providing opportunities for the entire community and the rink connected the college with the New London community. She stated that the ice shows and other special activities gave the people of the community a place to go. Ms. Albert stated that her family is involved with professional hockey and youth hockey when her boys were younger. She stated that it is a wonderful and safe venue and can be a great connection for families in Old Lyme. Ms. Albert stated that she understands the concerns
but sees the benefits for the entire Town of Old Lyme.
Stewart Ryan, 11 Flat Rock Hill Road, stated that he is in favor of the amendment. He indicated that the recreational benefits are obvious, as are the economic benefits. Mr. Ryan stated that most of the issues brought to light this evening can be addressed during the next step.
Attorney Cronin stated that the fact that the facility is indoors will eliminate many of the concerns and he feels confident they can address the other issues at a public hearing.
Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Jane Marsh, seconded by Harlan Frazier and voted unanimously to close the Public Hearing on the Petition to amend the Old Lyme Zoning Regulations, Kasie Munson, 7 Duchess Drive and Patrick Pryor, 41 Jericho Drive, applicants.
2. Special Permit Application to construct a 3 car detached garage on property located at 18 Clifton Street, Lawrence and Judith Odishoo, property owner.
Ms. Marsh read the Legal Notice for the Public Hearing, as published in the New London Day on Thursday, September 27, 2012 and Thursday, October 4, 2012. She also read the list of exhibits for the record. Chairman Cable noted that Harlan Frazier would be seated for John Johnson.
Ms. Odishoo stated that they live at 18 Clifton Street but the garage will be constructed on Columbus. Ms. Brown stated that the lot has more than 10,000 square feet but is nonconforming as it does not have the 75’ square. She noted that the proposal is fully compliant with the Zoning Regulations as to setback, floor area, etc., so they are requesting a Special Permit. Ms. Brown stated that Mr. Rose has indicated that the septic system is fully compliant.
Ms. Marsh read Section 9.1.3.2, the section under which the applicants are applying.
Mr. Looney stated that he calculates 416 square feet for the first floor and 800 square feet for the first floor. Mr. Odishoo stated that they are losing 2 feet on each side, which would be 384 square feet, versus the 416. Mr. Looney agreed.
Chairman Cable noted that the Statement of Use indicates that the upper floor is for storage only. Mr. Risom questioned whether there is a well on the property. Mr. Odishoo stated that there is not a well. He noted that they are also eliminating the shed and the existing gravel area.
No one present spoke in favor or against the application. Hearing no further comments, Chairman Cable asked for a motion to close the Public Hearing.
A motion was made by Tom Risom, seconded by Pat Looney and voted unanimously to close the Public Hearing on the application for 18 Clifton Street, Lawrence and Judith Odishoo, property owner.
Chairman Cable adjourned the Public Hearing at 9:23 p.m.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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