Sewer Project Staging Areas Draw Scrutiny From Old Lyme Zoning Commission

OLD LYME, CT – Plans for a shoreline sewer installation project going back more than a decade are facing another delay as the Zoning Commission evaluates a request from project officials to set up a staging area at two sites on Route 156.

The properties at 224 and 250 Shore Road have been identified as laydown areas to store pipe, materials and equipment during the roughly two-year construction period beginning this summer.

But local Land Use Coordinator Eric Knapp on Thursday said the beach associations, with the landowners’ consent, need to file applications to amend the special permits governing how the sites can be used. Those permits currently allow the owners to build self-storage facilities, not to provide staging areas for construction projects.

The application process could delay construction by at least six weeks, according to Knapp – and that’s “only if things that usually take longer are rushed.”

“And they were hoping to start in early June, so I don’t know how to make that happen,” he said.

Old Colony Beach Club Association Board of Governors Chairman Doug Whalen told the Zoning Commission Monday that the staging areas across the road from the beach areas are necessary because there is not enough room within the construction area itself for equipment and materials.

The associations governing Old Colony Beach, Miami Beach and Old Lyme Shores are under a consent order from the state Department of Energy and Environmental Protection (DEEP) to mitigate pollution from shoreline septic systems by installing sewers.

The state is also paying for roughly half the project through a forgivable loan and federally sourced Clean Water Act funds.

Whalen and a representative of Genovesi Construction said they did not believe a permit was necessary, but brought the issue to Knapp so the town was fully informed. They said controls such as a tracking pad to remove debris from vehicle tires, silt fence to prevent erosion and protective fencing will minimize impacts.

Genovesi is one of three contractors hired for the project spanning the three beach associations and a shared pump station and force main. 

Whalen also argued that sewer facilities qualify as a “government service” under local regulations and are permitted in the commercial zone through special permit approvals that have already been issued. He said the staging areas fall within those approvals.

He cited state statutes and case law that he said prevent local officials from interfering with public infrastructure projects.

“Connecticut courts apply the balancing test, and DEEP consent orders for water quality almost always wins the balance,” Whalen said.

But commission member Jane Marsh said the issue is about a laydown area, not the sewer project.

“Sir, we’ve never said anything about not approving your sewer,” she said. “It’s approving of this particular use.”

Marsh and other commission members expressed concern about setting a precedent by allowing uses not permitted under zoning regulations, even temporarily.

Whalen said the construction contracts specify the project will last no more than 753 days.

“This is temporary,” Whalen said. “Numerous provisions are being made to protect the area during the temporary conditions, and it will be restored back to its original conditions.”

But Marsh raised the idea of going beyond simple site restoration afterward. She said removing existing clutter, including old vehicles, could benefit the town in exchange for allowing a temporary use “that really isn’t in conformance with the zone.”

“I want to know what we can get in trade,” she said.

The property at 224 Shore Road is owned by Frank Maratta’s MAR Holding LLC. The 250 Shore Road site belongs to Kids Realty LLC and Pond Road LLC, with Christopher Calvanese identified during the meeting as one of the principals. 

The 250 Shore Road owners in November won a court decision overturning the commission’s rejection of plans to build a self-storage facility on the site.

Interpreting the Regulations

Knapp on Thursday said town zoning attorney Matthew Willis advised him that the beach associations, with the property owners’ consent, can file an application to amend the existing special permit to include the two Shore Road properties as part of the project.

He said it will then be up to the Zoning Commission to determine whether the staging operations qualify as a permitted “government service” under local regulations, as argued by Whalen.

“The Commission, as interpreter of its own regulations, can listen to the proponents and either agree or disagree with this interpretation,” Knapp said.

While the commission committed to holding special meetings to expedite the process, Knapp noted members’ frustration with the late-breaking request.

He said commissioners repeatedly questioned why the need for construction staging areas had not surfaced earlier in the years-long sewer planning process.

Knapp reiterated an expedited review could cut the process from about three months to roughly six weeks once an application is filed.

“Of course, even with an expedited process, they still need to have an actual application,” he said of the beach associations. “That will involve real site plans, erosion control plans, remediation plans, hours of operation.”

Coordination Challenges

Miami Beach Water Pollution Control Authority Chairman Scott Boulanger said in a Thursday phone call that he expects the sewer project to proceed despite the dispute over staging areas, though the issue could still affect timing.

Boulanger said the staging issue is just one of the coordination challenges this summer. Other challenges include Route 156 paving, seasonal beach traffic and complex logistics involving state, local and beach association partners..

Like Whalen, he questioned why additional local review was necessary for a project already subject to state permits and oversight. He also called out the town for allowing Connecticut Water Company to stage equipment at 250 Shore Road for several years while making an issue out of the request from the beach associations to do the same for the sewer project.

“You didn’t kick Connecticut Water out of there,” he said.

He noted Baltazar Contractors Inc., one of the other contractors, has already started storing equipment at 250 Shore Road for the sewer project.

Knapp said Friday that he issued a violation notice to the owners of 250 Shore Road regarding the Connecticut Water staging, and will treat any continued use for the sewer project as part of an ongoing enforcement matter.

“The only thing I did not do was commence litigation to force them to stop,” Knapp said.