MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Mario Marrero, Elizabeth Kuehnel, Billy Carroll, Kevin Foley
ALTERNATES PRESENT: Stephanie Dexter, Michael Baum
STAFF PRESENT: Michele Lipe, Director of Planning; Lauren Zarambo, Recording Secretary
APPLICATIONS OFFICIALLY RECEIVED: None
PUBLIC HEARING / COUNCIL CHAMBERS
CALL TO ORDER: Chairman Pacekonis called the Public Hearing to order at 8:00 p.m.
Chairman Pacekonis appointed Alternate Commissioner Baum to be seated for Commissioner Bonzani.
Secretary Commissioner Marrero read the legal notice as it was published in the Journal Inquirer on Thursday, July 10, 2014 and Thursday, July 17, 2014.
- Appl. 14-39P, Town of South Windsor – request for site plan modification to reduce hours of the South Windsor Little League facility to hours approved in 1999, on property located at 138 Ayers Road, A-20 zone
Town Manager, Matt Galligan, gave a brief history of the Little League facility on Ayers Road recounting two prior applications before the ball field lights were approved in August 18, 1999 with the conditions that the lights be dimmed at 9:15 p.m. and shut off by 9:30 p.m. and the concession shack closed by 9 p.m. No tournament play under the lights was permitted, parking restrictions were in place and a buffer was installed as a result of a lawsuit from an abutting neighbor. Spot lights and low level lights along the walkways were to be installed for illumination after the lights were dimmed and the recreation supervisor was to monitor closing. No permanent or portable loud speaker system was permitted. No lights for practice were permitted and the ball field could be lit for no more than 38 games per year.
The Little League shack was supported by the Town and by Little League fund raising efforts for its redesign and reconstruction and last year an application, signed off by the Town Manager and presented by Town Staff, came before the PZC which was approved for the shack’s reconstruction. Additional modifications were added to that approval which changed, among other things, the shut off time for the lights to 10 p.m.
After that approval the Town Council received complaints from residents unaware of the changes and who did not have opportunity for public comment. The Town Council requested the Town Manager make application to change the lights back from the 10 p.m. shut off to the 9:30 p.m. time and to allow the public to speak about their concerns. The Town Manager stated all legal notices and notifications to abutters as well as to interested parties have been sent out well within legal timeframes by Town Staff.
Councilor Steve Wagner, Town Council Liaison to the PZC and the Parks & Recreation Commission, stated the application for the site plan modification for the Little League shack appeared to just be for the building. The approval and its modifications which extended the hours for the field lights were granted legally. Residents came to the Town Council with their concerns about the changes after the 15 day appeal period expired. After conferring with the Town Planner, Michele Lipe, it was decided for the Town to submit another application to propose moving the hours for the lights back to the original approval. By this application the Town Council is ensuring there is an open government situation where people who are affected by decisions that are made are aware that they are affected and are aware of what those
decisions are. The Town Council has not formed an opinion unilaterally but has now brought this new application to the Commission for decision.
Director of Planning, Michele Lipe, read the changes that were made with the most recent approval in November 2013.
Mr. Jim Morrison, resident of Ayers Road, spoke in favor of the application stating he noticed in 2012 lights on the field staying on later and later and made complaints to Ray Favreau, John Caldwell and to the South Windsor Police Department in both 2012 and 2013. He kept a log in 2013 of when the lights were on which totaled 58 times where the latest shut off time was on July 11th at 11:27 p.m. This year they have been on 26 times with the latest shut off time being 9:57 p.m. Mr. Morrison stated he goes to bed and rises early and two sets of banks of lights shine directly into his bedroom on Ayers Road. He is in favor of the new facility but wants the rules enforced but that the rules for the lights, operation and special events changed with the last application and asked for a definition of ‘special events’. For
safety purposes he suggested using lights in the parking lot similar to the walkway lights for people leaving the field. Mr. Morrison concluded he wants the rules enforced and does think the Little League should be rewarded with changing the rules to make it easier to stay longer.
Mr. Joe Candeias, resident of Nevers Road, spoke in favor of the application thanking the Town Council and PZC for notification of the meeting and opening the issue again and stated he complained to the Mayor with his dissatisfaction that abutting residents were not notified. Mr. Candeias stated he went to a PZC meeting and expressed his concerns with any additional changes if there were any additional changes and at that time there were none. The application was for the snack shack and not for the lights or the PA system. He asked for a definition of ‘special events’ and stated his complaint is with the noise. In 2013 he counted 38 games with the lights on and stopped counting. He has photographs of the lights on at 11:05 p.m. and 11:06 p.m. on two occasions within two weeks of each other. He asked why the changes
were approved now if the PZC denied the original applications two or three times in 1999 and questioned the need for a PA system. Mr. Candeias stated he can hear both the PA system for the Little League and the American Legion competing with each other and asked for regulations to be applied and enforced. He has made calls to the police and Ray Favreau in 2012 and 2013. He stated the parking lot is a safety hazard and recalled cars parked in his yard for opening day. Mr. Candeias asked for a buffer to be installed between the parking lot and the road and to act as a noise shield.
Ms Nora White, abutting neighbor to the field on Mark Drive, spoke in opposition to the application stating her family has not been bothered by lights or noise while living directly next to the ball field for the last eight years. Ms White suggested reducing the lights would compromise the safety of the Little League players and elderly supporters and families who come to watch the games.
Mr. Frank Macchi, resident of LeFoll Boulevard, invited all interested parties to come to the field to see how the lights are angled and pointed down on the field and questioned how the lights could be an issue to neighbors. He stated without lights the safety of players and supporters would be compromised and in complete darkness as baseball games are not timed but have to be played out unlike football or basketball. Mr. Macchi stated the League is aware of the shut off times and tries very hard not to disturb the neighbors and the approval was done with in accordance with all legal procedures. The safety of the children of our town is at stake.
Mr. Al Maximino, resident of Saddleback Drive and Little League President, spoke in opposition to the application and distributed a handout (Exhibit A) to the Commission for the record. Mr. Maximino thanked the PZC for their decision which allows all fans, players and spectators to exit safely from the complex and stated in 2006 the League established a rule that no new inning can begin after 9:15 p.m. There is also a ‘mercy rule’ which prevents games from continuing ‘on forever’ where if a team is dominating the game it allows the losing team’s coach to call the game to end it. He questioned the statistics quoted earlier stating there have never been more than 35 night games scheduled. The 2015 schedule includes 24 night games. If there is rain the games are played on the weekend. Mr. Maximino stated there is
a difference between night games which start at 7 to 7:30 and a game that starts at 5:30 where lights are turned on to insure players’ safety.
Mr. Maximino stated the Town Council’s request to dim the lights at 9:15 p.m. will suspend the majority of night games as 90% of the night games are completed in the 9:15-9:30 timeframe. Board umpires, rather than volunteers, are used for the games which if rescheduled will require the umpires to be paid again creating additional expenses of hundreds of dollars for the league. He described dimming the lights at 9:15 expecting two banks of field lights to remain on and all lights shutting off bringing the field into darkness and stated since the lights have been installed this happens 50% of the time and does not want to assume the liability and chooses to keep the lights on until everyone safely exits. Mr. Maximino clarified special events and also tournament games for the Little League as district 8 all star games for
South Windsor in which players are introduced and the national anthem is played.
Mr. Tony Mercadante, resident of Lake Street, spoke in opposition to the application stating he lives across the street from the field and can see the lights from his house but the safety of kids comes first. He also can see the rotary field lights which are on later but neither have never been an issue with his early work schedule. He complimented the improvements made to the complex and encouraged the Town to keep the lights on.
Mr. Jim Slahtosky, resident of Windshire Drive, stated he moved to town in 2000 for South Windsor schools and sports. He is in support of the lights staying on until 10 p.m. with conditions defined and in support of public announcements and the national anthem played at the games which brings another level to the games and happens only a few times in the season. Mr. Slahtosky stated the Little League puts in an effort at every night game to be sure the lights go out and that a game which starts at 5:15 with lights on for the last hour to finish should not be counted as a night game.
Mr. Faustino Aviles, resident of Sunset Terrace, moved from Hartford ten years ago to South Windsor for his kids and stated when he saw the ball park he knew he wanted to live in a house with the ball field in their back yard so that their kids had a safe place to play ball. Mr. Aviles stated it’s the best feeling in the world to hear kids playing baseball and knowing they are safe playing on a park’s ball field and boasting about the great game they played. Despite rising early for work, Mr. Aviles stated it does not bother him to have lights, sounds and smells of the park and that it is for the kids. Rules have to be set and abided by and taxes are paid by the residents to live in South Windsor and have families enjoy the good things like tennis courts and ball fields.
Mr. Jim O’Meara, resident of Berle Road and board member of the Little League and director of the T-ball league, stated 752 South Windsor children play in the Little League with approximately 1,500 parents impacted by the Little League. Enthusiasm is great for playing on the field. He stated he understands the challenges of the neighbors living next to the ball park but it is not a park. It is an active recreation area that also impacts 2,300 active Little League residents.
Mr. Eric Mahan, resident of Henry Road, described the scheduling of games and how the players are kept to a strict time schedule and the PA system used for special events that include opening day on a Saturday morning and a few times for playoffs for the broadcast of the national anthem and announcing players. The 10 p.m. shut off time for the lights benefits safety and youth sports.
Mr. Tom Ruby, resident of McGrath Road and member of the Little League Association, spoke of the volunteerism of the Commission and the Little League and the statutory process followed. The lights have been operating for 15 seasons and meet standards for use and by those set by the Commission. Mr. Ruby compared compliance of the ball field lights with other sport facility lights which are managed outside of the Commission’s jurisdiction with no similar time limits and stated with this application the Town Council seeks to limit the facility that is most compliant with the regulatory framework which the Commission has established. Neither state statutes nor local noise ordinances have been violated. Mr. Ruby closed his comments quoting President Kennedy about men of courage, judgment, integrity and dedication as
historic qualities held by the Commission acting as stewards of the public trust of the community.
Mr. Todd Faragosa, resident of Barber Hill Road and electrical contractor with 25 years experience, helped with the shack’s rebuilding and has a son in the Little League. After the games the teams gather to discuss the game at the shack. The sale of snacks financially supports the Little League’s next season. The lights are directed toward the field by the shades on the lights and cannot reflect beyond a perimeter of more than 20’ outside the field itself. The parking lot lights and walkway lights serve as a safe way to exit. The lights are all within code and because of their reflectors cannot shine backwards.
Mr. Gene Keen, resident of Vintage Lane spoke in opposition to the application and in support of the Little League for the children.
Commissioner Baum proposed it could be an enforcement issue. The Director of Planning stated if a written complaint is filed with the Planning Department it will be followed up by the Zoning Enforcement Officer. Since the lights have been installed there have been no written complaints filed with the Planning Department.
Commissioner Foley asked if a light pollution study had been done. Director Lipe stated that lighting specification information was submitted as part of the 1999 application. The Commissioner stated lighting for football and lacrosse at the Rye Street field is automated going off by way of a timer controlled by Park and Rec. Mr. Maximino agreed with having an automatic shut off at 10 p.m. but disagreed with the proposed hours in the current application from the Town Council. He also clarified there are never more than 35 night games scheduled in a season but those do not include games played in the fall which begin at 5:30 and are completed by 7:15 or 7:30 under lights. Commissioner Foley asked for clarification of special events when the PA system is used. Mr. Maximino stated the PA system is used for opening day,
closing day, and tournament games for District 8 all star tournament play which totaled four games this season hosted on the field. The PA is also used for a special event such as the Craig Pepin Memorial Field dedication.
Commissioner Carroll asked if the PA is a portable system, timers and hours of the snack shack. Mr. Maximino stated it is a portable system used at Pepin Field and 2nd portable system can be used in partnership with Park and Recreation Department. The timer has not been used for approximately 13 seasons. The League prefers to keep the shack open during games because it serves as a first aid station for ice or assistance. Their intention is to have the kids have a great experience of playing baseball games properly, finishing their games and leaving as safely as possible.
Vice Chairman Wilson asked Mr. Ray Favreau if there are restrictions on the lights on Rotary Field. Mr. Favreau stated there are different curfews for different fields. The Rotary Baseball Field holds regulation baseball games of 9 innings with a curfew of 11:00 p.m. with a timer shut off set for ½ hour longer than anticipated so that no one is caused to be in pitch black conditions. Rye Street has a browser based, computer controlled, state of the art system. Timing parameters for the football and lacrosse games are set by adding a half hour to when games are anticipated to end as a safety precaution. The teams can contact Park and Rec if games end early and lights can be turned on and off by smart phone or laptop. Vice Chairman Wilson stated other sport fields do not have to come before PZC when making changes to
hours and asked if the Little League complex has regulations or restrictions that no other fields in South Windsor have. Mr. Favreau stated there are no restrictions through Planning & Zoning other than through the original application for the installation when it was constructed. The conditions of use are very specific to this facility only.
Commissioner Marrero asked Mr. Maximino what other communities do with lights. Mr. Maximino stated Torey Field in Manchester has a 10 p.m. curfew and found in researching other town policies that there are some fields with curfews but none with dimming of lights.
Commissioner Kuehnel asked Mr. Maximino about special events and all star games. Mr. Maximino replied tournament games are District 8 all star games and special events include opening day, closing day and an instance such as a memorial field dedication or for the dedication of the new concession stand which will take place on opening day next year.
Commissioner Dexter asked Director of Planning Lipe and Commissioners to verify whether there may be one rampant light shining on anyone’s house. Mr. Maximino suggested it may be a light from the Rotary Field as all Little League field lights are directed on the field only.
Chairman Pacekonis thanked the public for coming out from both sides of the issue so that the Commission can make an informed decision and asked Mr. Maximino if the Little League would be opposed to submitting a list of special events for the season. Mr. Maximino stated the 2015 schedule has been set and can submit the opening day, closing day and the facility opening dates. He then went over the remaining game schedule including summer baseball played in the Little League complex on Monday and Wednesday nights and will conclude in July. Fall baseball begins the week before school starts with weekday games starting at 5:30 and as the season progresses games are played on the weekends. There are never night games scheduled for fall baseball. The Chairman stated an important concern of PZC is the safety of pedestrians and
participants. He asked if the concession stand could stop selling at 9:30. Mr. Maximino stated cooking stops at about 8:30 and any left over pizza and drinks are sold until they close and asked if other concession stands comply with the same restrictions and that the Little League simply wants to be treated fairly.
The Chairman asked Director Lipe how notice was given. She replied letters were sent out to any abutting property and properties across the street from the facility. Approximately 18 to 20 abutter letters were sent out by certificates of mailing, signs were posted, the legal notice was published in the Journal Inquirer and the application is on the Town website for review. No comments were received in the Planning Department from the public.
Councilor Steve Wagner distinguished ball field lights were noted in the application rather than the parking lot or snack shack lights and also suggested defining what is meant by a night game.
Chairman Pacekonis asked Mr. Maximino if the parking lots had their own lights or if they were lit from the field lights. Mr. Maximino stated there are pathway lights down to the Nevers Road parking lot and up to the Ayers Road parking lot but there is darkness when the field lights are turned completely off. Commissioner Carroll asked if the walkway path lights worked on a timer. Mr. Maximino stated they are on a timer which the Town adjusts depending on the season.
Chairman Pacekonis closed the public hearing at 9:41p.m.
REGULAR MEETING / COUNCIL CHAMBERS
CALL TO ORDER: Chairman Bart Pacekonis called the Regular Meeting to order at 9:42 p.m.
PUBLIC PARTICIPATION: none
NEW BUSINESS: Discussion/Decision/Action regarding the following:
THE FOLLOWING ARE MOTIONS MADE DURING THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION HELD IN THE MADDEN ROOM
- Appl. 14-39P, Town of South Windsor – request for site plan modification to reduce hours of the South Windsor Little League facility to hours approved in 1999, on property located at 138 Ayers Road, A-20 zone
Vice Chairman Wilson made a motion to deny the application.
Commissioner Kuehnel asked for the motion to be clarified.
Vice Chairman Wilson made a motion to deny the Town Council request to reduce hours of the Little League to the hours approved in 1999.
Commissioner Kuehnel seconded the motion.
Vice Chairman Wilson stated the request would place unfair restrictions upon the Little League complex that no other athletic fields in town have to abide by.
The motion carried and the vote was unanimous.
BONDS: Callings/Reductions/Settings
- Appl. 07-69P, Dzen Tree Farm Phase 2 Subdivision Bond in the amount of $94,500 to be reduced by $6,700 to leave a balance of $87,800 (maintenance level to expire on 7-22-15).
Commissioner Carroll made a motion to reduce the above mentioned bond. Vice Chairman Wilson seconded the motion. The motion carried and the vote was unanimous.
MINUTES: none
OLD BUSINESS:
OTHER BUSINESS:
CORRESPONDENCE / REPORTS:
ADJOURNMENT:
Motion to adjourn the meeting at 9:53 p.m. was made by Vice Chairman Wilson
Seconded by Commissioner Carroll
The motion carried and the vote was unanimous.
Respectfully Submitted,
Lauren L Zarambo
Recording Secretary
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