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02/13/2019 11:00 PMProposed zoning amendments that allow for the possible construction of an indoor recreation complex in Clinton's I-2 zones have been approved by the Clinton Planning & Zoning Commission (PZC). The PZC voted to approve the changes by a vote of 7-1 at its regular meeting on Feb. 11.
While the vote was just to approve the zoning changes, the matter has been closely followed by many in town because Old Post Road Realty (OPRR) was the applicant behind the petition. OPRR owns the I-2 zone property at 30 Old Post Road that is the site of a former Unilever warehouse that collapsed in a snow storm in 2013; that property was also the proposed site of a controversial and since-withdrawn application for a construction waste recycling facility.
OPRR representatives came before the PZC in December 2018 to informally discuss their intentions to pursue building an indoor recreational sports center on the property. At the December meeting, OPRR said such a facility might include a combination of a skating rink, indoor soccer fields, and related businesses such as a pro shop. No formal application from OPRR has been filed at press time.
At the Feb. 11 meeting, the lone PZC vote in opposition to the amendments was cast by commissioner Michael Hughes. In the discussion of the amendment that took place before the vote, Hughes stated that while he was in favor of a recreational complex in town, he was not in favor of the potential unintended effects changing the regulations could have on other properties that are in an I-2 zone.
Hughes also objected to instructions that people should keep their comments to the amendments and not specific properties.
“Everyone says it’s not site specific but I have a hard time believing that,” said Hughes.
Commissioner Chris Aniskovich objected to talk about the specific site, noting that any future development would still require an applicant come before the PZC and that more public hearings with opportunity for input from the public would be have to be held. Aniskovich also expressed frustration at what he felt is a persistent attitude from some who object to any new developments in town.
“These are the things that prohibit from building in our town and moving forward,” said Aniskovich.
Now that the zoning changes have been changed, OPRR—or anyone else seeking to build an indoor recreational facility in an I-2 zone—will need to file a formal application with the land use office. Joanne Wiley, a business manager for OPRR owners Douglas and Kenneth Dobriner, told the Harbor News that she had no comment on when an application could be filed.
“They’re happy to be a taxpayer in Clinton and happy to help move Clinton forward,” Wiley said of the Dobriners.
Public Sentiment
A public hearing on the zoning amendments held Feb. 4 drew a large crowd and speakers who fell on both sides of the issue. Those in favor of the zoning changes voiced their support for an indoor recreation center in town and the possible economic benefits to the entire town, while those opposed cited possible unintended consequences of changing the zoning and misgivings about the applicants and town.
Part of the reason some people have mistrust for OPRR is due to the previous efforts by the company to build a large waste recycling facility on the property. In 2015 Shoreline Rail & Recycling LLC (SRR) proposed to construct a 94,000 square-foot industrial recycling facility on the property. At that time, members of the homeowners’ association of Founders Village, the condominium complex located across the railroad tracks from the proposed facility, filed a lawsuit to halt all construction on the site. The case was eventually dismissed and an updated application was resubmitted in early 2018.
At three public hearings on the application in 2018 before the Inland Wetlands Commission (IWC), no member of the public spoke in favor of the application, while dozens spoke against the proposal. Members of the public expressed concerns about the potential contamination to wetlands on the property, safety concerns, and health issues associated with the debris that could be processed at the site.
SRR withdrew its application in May 2018, after several member of the IWC indicated they were leaning toward voting “No” on the application at the commission’s next meeting. That June, SRR submitted a new application before the IWC, only to once again withdraw the application in early August, after the PZC passed a zoning amendment that would prohibit the type of use that the proposed facility would have engaged in. Soon after, the developers challenged the PZC amendment in State Superior Court in Middletown. In October, Old Post Road Realty filed a motion to withdraw its appeal, which was granted by a judge on Dec. 10.