PZC Public Hearing Draws Comments For & Against Special Permit for Pickleball Club

Over 60 Goshen residents attended February’s Planning and Zoning Commission meeting, either virtually or in-person, to comment on Selectman Scott Olson’s special permit application to build an indoor pickleball facility at his 777 North Street property. 49 people spoke or wrote letters in support of the facility while 16 people spoke or wrote in opposition to the facility.

Prior to the Commission hearing public comments, Olson presented the facility’s designs and goals. The facility was proposed to be built in one of two metal storage barns on Olson's 15-acre property in North Goshen. The facility would have three LED cutoff lighting lamp posts which Olson claimed wouldn’t disturb neighboring properties. The building would be soundproof once insulated and would only be occupied by 12 people at a time, assuming all three courts being used by four players each. Olson commented on his neighbor’s concerns and said this won’t turn 15 acres of agricultural and residential property into commercial property. He additionally lambasted The Goshen News’ decision to publish a letter from Craig and Dolores Spring in the February edition, stating “The information that [Craig and Dolores] give you is inaccurate at best. It completely contradicts the reality of what’s happening here.” Olson called the published letter “gross negligence” on the paper’s part and said more fact checking needs to be done.

Olson’s objections stemmed from the description of his application as a change in zoning from agricultural use to commercial use in a letter to the editor of The Goshen News written by Goshen residents Craig and Dolores Spring. He explained that the property is currently zoned RA-5 Residential-Agricultural and that under the Town’s zoning regulations, country clubs are allowed to be built on an RA-5 property if granted a special permit, which was what he was seeking. The property would therefore remain an RA-5 zone if the permit was granted.

Although the news article written by Goshen News staff about the hearing accurately reported it as a special permit, rather than a zone change, Olson believed the paper should be responsible for correcting such technical errors in letters to the editor written by members of the public at large.

Ironically, William Colby of Colby Engineering & Consulting, LLC, representing Mr. Olson, began his presentation of the plans for the facility by similarly misstating the purpose of the application, an error that Town Planner Martin Connor rapidly corrected.

Colby: “We’re here for a zone change from RA-5 to Rural Recreational.”

Connor: “No. You’re here for a special permit.”

Colby: “And not a special acceptance permit.”

Connor: “No, special permit.”

Colby: “Right. “Not a zone change. It has to go to Rural Recreational you said. No?”

Connor: “No, special permit.”

Colby: “All right.”

He went on to say that the property’s existing driveway would be widened to a two-way driveway for safety purposes. The property currently supports two barns but only one will be used for this facility, the other will remain agricultural. The barn used for the facility would have a 24 x 24 ft addition made to house public restrooms. 16 parking spaces would be made available for the public including two handicap spaces. Sewage produced from the bathrooms would be treated on-site by a septic system while a well would provide water for the facility. Stormwater would be redirected to rain gardens and then filtrate downhill. The facility is 21 feet tall.

Olson later added that no alcoholic beverages or food will be served at the facility. When asked about proposed hours or staff to help run the facility, Olson was unsure of those exact details, “... I anticipate having, I believe, one employee or maybe two, but I certainly reserve the right to staff it as needed. It’s not going to be a high-intensity labor business by any means. And as far as hours of operation, I don’t know. But right now, I plan on having hours of operation there between 7 am and maybe 6 or 7 [pm].” PZC Vice Chairperson Lu-Ann Zbinden asked Olson if the facility’s lights will be kept on all night long but Olson was unsure at the time. However, he assured attendees that no one will be able to see the lights from neighboring properties nor would they hear cars coming and going from the facility.

During the period for Commissioner’s questions, the issue of obtaining approval from the State Traffic Commission was raised by Commissioner Garceau. Connor told the commissioners that the applicant would have to go to the State DOT, but that the PZC would have to approve the application first. PZC Chairman Jon Carroll pushed back against that claim, citing Section 4.3.2M of the Town’s zoning regulations which states that traffic information must be submitted to the Commission so that they can determine the traffic impact of the proposal. “And I think we should make sure we’re following our regs”, Carroll said. Although Connor continued to claim that the DOT would not act without the PZC first approving the application, it was ultimately decided that Colby should confer with the State DOT office in Thomaston to obtain a report.

After the Commissioners finished their questions, residents were allowed to speak for or against the facility in public comment. Those who spoke for the facility predominantly spoke of how popular pickleball is and how it will be a benefit to the town, considering the limited availability of Woodridge Lake’s courts. Woodridge’s pickleball courts are outdoor, meaning they’re unavailable during storms and are closed for the winter. Access is also limited to Woodridge Lake members. Olson’s courts would serve the whole town and out-of-town visitors, year-round.

Jim Fortin, an avid player at Woodridge, supported the facility due to the health benefits it could provide Goshen residents, “... the last time I had my physical, my doctor gave me the best report I ever had… it’s a healthy, active thing. Keeps the seniors in this community going and creates a lot of great relationships.” Others spoke on how there isn’t much to do in town during the winter and claimed the facility would attract more people to visit or remain active in Goshen. “It’s a multi-generational game, and as other people have mentioned, there’s not a whole lot to do in Goshen for the winter and to keep people active,” said Megan Cardinal, a neighbor of Olson. “And I think this would really bring a lot to our community… I just see people having a healthy activity that is going to be offered to them for all ages.”

Those who spoke in opposition to the facility were more concerned with how it may affect their neighboring properties. Peter Ebersol, a Torrington attorney representing next door neighbors Christopher and Mary Kowalski, claimed that Olson intentionally planned not to use this site for agricultural uses since he proposed developing the facility only two months after the barns were constructed. “It certainly appears that the stated uses he gave of agricultural use were really not true, especially in view of the fact that he had previously wanted to put a pickleball facility about four properties up the road here from the town hall,” said Ebersol. “...My client and other neighbors near this property do not think this is an appropriate location for this facility.” Ebersol went on to claim the facility would ruin the agrarian characteristics of Goshen and lower neighboring property values.

Sandy Russak, another neighbor, said her family has already been adversely affected by developments on the site. “For the last year, all I have heard are trucks… All I’ve heard is a litany of heavy machinery, heavy equipment,” said Russak. “I hear the cars that go up and down.” Russak suggested the facility be built at another, less residential location or have Woodridge Lake construct an indoor facility. Other residents expressed concerns that the facility may increase traffic in the area, pollute nearby water sources with sewage runoff, and create further disturbances with potential LED light pollution or noise from game tournaments. None of the comments addressed the difference between a zone change and a special permit.

The public hearing for this special application was scheduled to be continued on Tuesday, April 23rd. Olson decided to withdraw his application one day after the hearing, however, graciously acknowledging the concerns of his neighbors. (See article, page 1).

After public comment concluded, the PZC continued with their usual monthly meeting. All members of the Planning and Zoning Commission board were in attendance save for William Clinton and Jerry Abrahams who were excused. January’s meeting minutes were unanimously approved. Zoning Enforcement Officer (ZEO) Martin Connor presented his ZEO report. Connor met with the Housatonic Council for the Boy Scouts of America and reported that they plan to take down and replace their degrading dining hall. The council will submit a site plan application to the PZC soon. The last item of business was Correspondence. Secretary Cynthia Barret and Shilo Garceau read some 30 letters sent to the Commission either supporting or opposing Olson’s facility.