Game On. Attorneys Resubmit Lighting Application on Behalf of Eric Dean

As they had promised, on Friday, Oct. 4, 2013, the attorneys who represented three local youth sports organizations hoping to upgrade lighting on Middlebrook Field, resubmitted their application to the Planning and Zoning commission. This time the application is on behalf of Eric Dean, who owns property located at 71 Coley Rd in Wilton. 

Background

On Sept. 23, 2013 there was a contentious P&Z Commission hearing hearing on the proposed amendment for upgraded lighting at Middlebrook Field. The turnout amongst those opposed to the lighting upgrades outnumbered those in favor. Anthony LoFrisco remarked that it is necessary to be a Wilton property owner in order to present an application to amend the regulations, and that Mr. Healey, as a hired attorney by the youth athletic leagues was therefore not in a position to propose the amendment. 

On October 1, attorneys from Gregory and Adams, P.C., in Wilton sent a letter to P&Z officials on behalf of Wilton Lacrosse, Wilton Youth Football and Wilton Youth Field Hockey withdrawing their application to amend zoning to allow lighting upgrades.   

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Text of the letter which was delivered by hand to Planning and Zoning on Friday, Oct. 4, 2013, attention Mr. Robert J. Nerney - Town Planner:

Oct. 4, 2013

Re: Application to Amend Zoning Regulations

Dear Members of the Commission:

As attorneys for Eric Dean who owns that certain property located at 71 Coley Road in Wilton, CT, we hereby submit his application to amend: (i) Section 29-2.B. of the Zoning Regulations of the Town of Wilton to add a definition for the term "Athletic Fields" and (ii) Section 29-9.E.2 add a new subparagraph to be entitled "Lighting for Outdoor Athletic Fields."

In connection therewith, I enclose fifteen (15) copies each of the following:

1. One (1) original and fourteen (14) copies of the Application to Amend the Zoning Regulation;

2. Proposed Text Amendments;

3. Black-lined copy of the proposed text amendments highlighting revisions made to the text amendment submitted to the Commission with text amendment application #13341; which application was withdrawn by Gregory and Adams letter to the Commission dated October 1, 2013;

4. VHB Engineering, Surveying and Landscape Architecture, P.C. ("VHB") Planning Analysis dated October 3, 2013;

5. VHB Memorandum to the Commission dated October 1, 2013 responding to Turner Miller Group letter to the Commission dated September 22, 2013 (a copy of which is also enclosed); and 

6. Letter signed by Eric Dean as the applicant and owner authorizing VHB Engineering, Surveying and Landscape Architecture, P.C., McChord Engineering Associates, Inc., Blades & Goven, LLC, Musco Sports Lighting, LLC and Gregory and Adams, P.C. to act as his agents in this matter.

I also enclose my firm's check #32744 in the amount of $360.00 in payment of the filing fee.

In response to the comments and questions made and raised by Commissioners at the public hearing held on September 23rd with respect to application #13341, please be advised that:

1. The enclosed application includes a proposed definition of the term "athletic fields."

2. The term "Fields" has been substituted for the term "facilities."

3. The outdoor lighting of athletic fields has been limited to "Town owned public school" properties; "privately owned residential properties used institutionally (such as private schools or churches)" are no longer eligible.

4. A formula for calculating the number of light poles and fixtures required to illuminate a given outdoor athletic field has not been included for the reason that in the professional opinion of the applicants lighting consultant Andrew Dyjak of Musco Sports Lighting such a formula is not practical due to the number of variables that would be required; resulting in a limitless number of possible calculations.

5. The maximum height of the light poles was not limited to 70' inasmuch as there are 80' poles in place at Town's Varsity baseball field and the Varsity softball field.

We hereby request that the Commission accept this application at its meeting on October 14, 2013 and schedule the public hearing thereon for October 28, 2013.

Respectfully submitted,

Gregory and Adams, P.C. 

by J. Casey Healy

cc:
Messrs. Eric Dean, Kevin Wall and Al Nickel - Wilton Youth Football
Ms. Jennifer Kendra - Wilton Youth Field Hockey
Ms. Bridgette Healey - Wilton Youth Girls Lacrosse
Messrs. John Kuczo and Andrew Leung - Wilton Youth Boys Lacrosse
Mr. Andrew Dyjak - Musco Sports Lighting
Mr. David B. Schiff - VHB Engineering, Surveying and Landscape Architecture, P.C.