City Council
Regular MeetingNorwich, CT · February 1, 2021
Minutes
JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 1, 2021
A regular meeting of the Council of the City of Norwich was scheduled for February 1, 2021 at
7:30 pm in Council Chambers. There being no alderman present due to heavy snow conditions,
Mayor Nystrom declared the meeting adjourned for lack of a quorum until February 8, 2021 at
7:30 pm.
Betsy M. Barrett
City Clerk
1
Agenda
AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH
February 1, 2021
7:30 PM
The meeting of the Council will seek to comply with the directives of Executive Order 7B-1
issued by Governor Ned Lamont on March 14, 2020, together with any Executive Orders
subsequently issued which pertain to such meetings.
The Mayor, members of the City Council, the City Manager, City Clerk, Comptroller and
Corporation Counsel shall be present in person but separated by appropriate social distancing
at Council chambers or participate remotely by conference call, video conference or other
technology.
The meeting shall be televised on the Public Access Channel and posted on the city website,
www.norwichct.org, in real time, consistent with Executive Order 7B-1 and the usual practices
of the City of Norwich. All remarks or comments made by the Mayor, the members of the
Norwich City Council, city officials, and by the public during the Citizen Comment on
resolutions and Public Hearings portion of the meeting, shall be included.
The comments of citizen on resolutions may be made telephonically pursuant to the following
instructions:
Call phone number first dial 860-215-8140 and then when prompted, enter the conference ID#
4038191 followed by the pound (#) key.
This number will be available only during the public comment period listed on the agenda as
Citizen Comment on resolutions and Public Hearings. Its use commences when Citizen
Comment on resolutions and Public Hearings is reached and opened by the Mayor. Any calls
must be made prior to the Mayor’s announcement that the Citizen Comment on resolutions and
Public Hearings period has ended.
Citizen Comments on resolutions limited to the resolutions on the agenda and Public Hearings
may also be sent by email or means of other written communication stating the name, address
and title if applicable, of the sender. Emails should be sent to the office of the Mayor at
mayorsoffice@cityofnorwich.org and other written communication sent or delivered to the
office of the Mayor, 100 Broadway, Norwich, CT 06360. Emails must be received by 7:00 p.m.,
of above mentioned date, and other written communications received by 4:30 p.m., of above
mentioned date, to be made available to the City Council for this meeting.
Citizen comments and Public Hearings will be limited to the resolutions on the agenda only. All
speakers taking part in the Citizen Comment on resolutions portion of the meeting shall clearly
state their name, address and title, if applicable, before speaking and will be limited to three
minutes.
PRAYER
PLEDGE OF ALLEGIANCE
ADOPTION OF MINUTES: January 4 and 19, 2021
PETITIONS AND COMMUNICATIONS
1. Communication from Appointment/reappointment Committee.
2. Communication from Kevin Saythany resigning from Community Development Advisory
Committee
3. Communication from Kevin Saythany resigning from the Commission for Persons with
Disabilities.
4. Annual report from the Commission for Persons with Disabilities.
CITY MANAGER’S REPORT
OLD BUSINESS-RESOLUTIONS
1. Relative to an appointment of an alternate member to the Personnel and Pension Board.
CITIZENS COMMENT ON RESOLUTIONS (only on the agenda items) call phone
number first dial 860-215-8140 and then when prompted, enter the conference ID# 4038191
followed by the pound (#) key
NEW BUSINESS-RESOLUTIONS
1. Relative to a reappointment to the Building Code Board of Appeals.
2. Relative to a reappointment and appointment as regular members to the Historic District
Commission.
3. Relative to reappointments to the Community Development Advisory Committee.
4. Relative to reappointments to the Norwich Golf Course Authority.
5. Relative to an appointment to the Eastern Connecticut Regional Tourism District.
6. Relative to the agreement regarding 60 Sixth Street property.
7. Relative to a conveyance of easement/covenants regarding property located at 150, 158 and
162 Scotland Road.
NEW BUSINESS-ORDINANCE
1. AN ORDINANCE AMENDING CHAPTER 3 SPECIAL DISTRICTS BY ADDING SECTION
3.11 BUSINESS MASTER PLAN DISTRICT (BMPD) TO THE NORWICH ZONING
REGULATIONS.
EXECUTIVE SESSION: Property acquisition/disposition
City Clerk
PETITION & COMMUNICATION #1
PETITION & COMMUNICATION #2
PETITION & COMMUNICATION #3
PETITION & COMMUNICATION #4
Norwich Commission for Persons with Disabilities
2020 Yearly Report
Although the pandemic severely truncated the work of the Commission in 2020,
we did manage to accomplish some goals and maintain the cohesion of the
group.
Guest Speakers:
In-person meetings were held in January, February, and March, before
restrictions were implemented. Although requests for virtual meetings were
submitted, the City permitted only one such meeting (in September). Because
steps of many initiatives require votes, the limited number of meetings precluded
most decision-making.
During the meetings early in the year, the Commission hosted two guest
speakers. In February, Sergeant Nick Rankin, Supervisor of the Norwich Police
Department Community Policing Unit, spoke about crime against people with
disabilities. The invitation to Nick was generated by a newspaper article about a
violent crime committed against a Norwich resident with a disability at the end of
2019. The second guest speaker, in March, was Tina Yeitz, a member of the
Rose Arts Festival planning committee. Tina requested assistance from the
Commission to create a more accessible environment at the next Festival,
scheduled for June 2020. (That event, of course, was cancelled.)
Initiatives:
The Commission continued its advocacy to have accessible spaces restored in
the re-paved lot of a Norwich shopping center on West Main Street. Although
the Commission’s work is generally limited to ADA Title II issues, we felt that the
opportunity to effect enforcement of the Connecticut State Building Code by the
City’s Building Department was an appropriate agenda item. The owners of the
lot finally complied with the City’s requests/orders and installed excellent, well-
marked accessible spaces, most likely in consultation with the Building
Department. Thanks to Deanna Rhodes and her staff for this positive resolution.
On a very limited basis, the Commission continued its initiative, in conjunction
with Chris Riley of NPU, to install in the City at least one outdoor charging
station for motorized mobility equipment. That project will most likely regenerate
once the Commission is able to meet again, either in person or virtually.
(Although an amenity rather than an ADA requirement, the installation of these
stations would satisfy a demonstrated need in the community.)
An issue brought to the Commission’s attention early in 2020 was the lack of an
accessible bus stop at the drop-off on Town Street across from Stop and Shop.
The Commission commenced advocacy on this issue, but the lack of opportunity
to develop strategy at meetings resulted in a postponement of continued action.
Disability Awareness Week, 2020
At all four meetings held in 2020, some planning occurred for Disability
Awareness Week, October 12 -16. The budget of $1,200, which included a
substantial expenditure for sign language interpretation, was approved at the
September meeting and submitted to the Comptroller. * The week included three
distanced activities: a Zoom presentation, hosted by Otis Library, on medical
etiquette and people with disabilities, presented by Melissa Marshall; a radio
segment on the Stu Bryer Show (WICH) featuring Nick Rankin addressing crime
against people with disabilities; and a virtual Artreach poetry reading featuring
work created by Artreach members.
Budget:
As an adequate balance ($3,861.71 on December 31, 2020) was present in the
Commission’s account, the Commission did not request additional funding for
2021-2022.
Conclusion
As always, the Commission thanks the City of Norwich – the Mayor’s Office, City
Departments, and the Commission’s liaison, Brigid
Marks - for its continued support of the rights of people with disabilities.
Report submitted by Elanah Sherman, Commission Chair
* $500 - Melissa Marshall Disability Policy Consulting (payment); $200 -
Artreach (honorarium); $500 - Disabilities Network of Eastern Connecticut,
Interpreting Service (payment)
OLD BUSINESS
RESOLUTION #1
BE IT RESOLVED that the below named be appointed as an alternate member to the Personnel &
Pension Board with a term to expire on March 1, 2022 or until a successor is appointed:
Robert Pounch (U)
President Pro Tem Mark M. Bettencourt
Alderwoman Stacy Gould
Alderwoman Ella C. Myles
RESOLUTION #1
BE IT RESOLVED that the below named be re-appointed as a regular member to the Building
Code Board of Appeals with a term to expire on January 7, 2022 or until a successor is appointed:
Robert Phoenix (D)
President Pro Tem Mark M. Bettencourt
Alderwoman Stacy Gould
Alderwoman Ella C. Myles
RESOLUTION #2
BE IT RESOLVED that the below named be re-appointed as a regular member to the Historic
District Commission with a term to expire on December 31, 2025 or until a successor is appointed:
Regan Miner (U)
BE IT RESOLVED that the following be appointed as a regular member to the Historic District
Commission for a term to expire on December 31, 2022 or until a successor is appointed;
Gregory Johnson (D)
President Pro Tem Mark M. Bettencourt
Alderwoman Stacy Gould
Alderwoman Ella C. Myles
RESOLUTION #3
BE IT RESOLVED that the following be re-appointed as regular members to the Community
Development Advisory Committee for a term to expire on December 31, 2021 or until a successor
is appointed;
Les B. King (R)
Mark T. Marcy (D)
Sean Barnes (R)
BE IT RESOLVED that the following be re-appointed as regular members to the Community
Development Advisory Committee for a term to expire on December 31, 2022 or until a successor
is appointed;
H. Tucker Braddock Jr. (D)
Gemma Fabris (D)
President Pro Tem Mark M. Bettencourt
Alderwoman Stacy Gould
Alderwoman Ella C. Myles
RESOLUTION #4
BE IT RESOLVED that the below named be re-appointed as regular members to the Norwich Golf
Course Authority with a term to expire on January 23, 2023 or until a successor is appointed:
Bernard Caulfield (D)
David DiBattista (D)
Michael E. Driscoll (D)
Susan Dutilly (D)
Raymond Lathrop (IT)
Robert Malouf (R)
Richard A. Podurgiel (D)
Richard Strouse (R)
Charles C. Whitty (D)
President Pro Tem Mark M. Bettencourt
Alderwoman Stacy Gould
Alderwoman Ella C. Myles
RESOLUTION #5
BE IT RESOLVED that the below named be appointed as a regular member to the Eastern
Connecticut Regional Tourism District with a term to expire September 15, 2023.
Angela Adams
President Pro Tem Mark M. Bettencourt
Alderwoman Stacy Gould
Alderwoman Ella C. Myles
RESOLUTION #6
WHEREAS, the City of Norwich following a tax collector’s sale involving the tax liens on the lists of
October 1, 2009-October 1, 2014 acquired the property known as 60 Sixth Street, map 86 block 3 page 43
on June 6, 2016 by deed recorded at volume 2964 page 42 of the Norwich Land Records; and
WHEREAS, the Council of the City of Norwich by a resolution adopted September 6, 2016 appointed the
60 Sixth Street Committee to evaluate the condition of the property and make recommendations to the
council as to a disposition of the same; and
WHEREAS, by subsequent resolutions the council accepted the committee’s recommendation that an
RFP process be used to select a preferred developer, appointed a 60 Sixth Street Committee of Sale to
supervise this process, accepted the Committee of Sale’s recommendation that JPW Building LLC be
accepted as preferred developer subject to entering into a Development Agreement and authorized the
city manager to enter into a Development Agreement with Mr. Jeff Warcholik, a principal at JPW Building
LLC, on August 31, 2017 (“the “Developer”); and
WHEREAS, under the terms of the Development Agreement the project is complete, and the Certificate of
Occupancy has been issued; and
WHEREAS, the Development Agreement provides for a conveyance of the property by quitclaim deed,
but the Developer has raised concerns that this will not result in a sufficiently marketable title to permit
the financing of the property or sale of the property and proposes to bring a quiet title action relative to
the property; and
WHEREAS, the City and the Developer have negotiated an Agreement to include an assignment of tax
liens arising from the lists of October 1, 2009-October 1, 2014 inclusive to the Developer, to arrange to
have executed an Affidavit of Compliance with Tax Sale Procedures to be recorded on the Norwich Land
Records by the city, to convey title from the city to the Developer or designee by quitclaim deed with
conveyance tax statement, and provide to the Developer the sum of $3,500 to be used in support of a
quiet title action to be instituted by the Developer who shall bear any and all additional costs of the same,
said funds to be non-refundable to the City of Norwich should the Developer choose not to institute such
action, and the Developer shall provide a Release and such other documents as are reasonably requested
by the City of Norwich under this Agreement.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager
John Salomone be and hereby is authorized and directed to enter into, execute, and deliver a quitclaim
deed and conveyance tax statement as described herein, together with such other documents as are
reasonably necessary to conclude the transfer of the property at 60 Sixth Street as described herein and to
accept a Release satisfactory to him from the Developer.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Council authorizes
the payment of the non-refundable sum of $3,500 to the Developer or designee for the institution of a
quiet title action, including but not limited to additional title searches, location of heirs, and legal research,
said funds to be taken from the Claims Account 10413900-58200, as well as, authorize the assignment of
the tax liens on the Grand List of October 1, 2009 to October 1, 2014, inclusive to the Developer or
designee for purposes of the quiet title litigation
Mayor Peter Albert Nystrom
President Pro Tem Mark M. Bettencourt
Alderwoman Stacy Gould
RESOLUTION #7
WHEREAS, the American Property Group LLC owns property located at 150, 158, and 162
Scotland Road which property has been approved for a three-lot subdivision by the
Commission on the City Plan; and
WHEREAS, in connection with the approval of its subdivision application, the American
Property Group LLC has agreed to convey a parcel of land consisting of approximately 1,181
square feet (.05 acres) to the City of Norwich to be part of the right-of-way of Scotland Road,
the property to be conveyed more particularly described in Schedule A – Parcel Conveyed to
the City of Norwich – attached to this resolution; and
WHEREAS, in connection with the approval of its subdivision application, the American
Property Group, LLC has also agreed to enter into a Stone Wall Preservation Agreement and
Declaration of Restrictive Covenants and to grant and convey to the City of Norwich a
Conservation Easement and Declaration of Restrictive Covenants applicable to a portion of
the property as more particularly described in Schedule B – Conservation Easement Area,
attached to this resolution; and
WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of
Norwich to accept the conveyance of the described parcel to enter into the proposed Stone
Wall Preservation Agreement and to accept the Conservation Easement.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that
City Manager John Salomone be and hereby is authorized and directed to accept and cause to
be recorded a deed satisfactory to him and to Corporation Counsel conveying the property
described in this resolution from the American Property Group, LLC to the City of Norwich for
use in connection with the right-of-way of Scotland Road;
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City
Manager John Salomone, on behalf of the City of Norwich is authorized and directed to enter
into, accept, receive and cause to be recorded on the land records a Stone Wall Preservation
Agreement and Declaration of Restrictive Covenants and a Conservation Easement and
Declaration of Restrictive Covenants as described herein acceptable to him and the
Corporation Counsel.
Mayor Peter Albert Nystrom
President Pro Tem Mark M. Bettencourt
Alderwoman Stacy Gould
RESOLUTION #7
SCHEDULE A
SCHEDULE A – PARCEL CONVEYED TO THE CITY OF NORWICH
A certain piece or parcel of land located westerly of Scotland Road in the City of Norwich,
County of New London, State of Connecticut being more particularly shown on a certain survey
map entitled “Lot Layout Scotland Road Subdivision Property Of American Property Group, LLC
For Property Located At 158 Scotland Road City of Norwich – County of New London –
Connecticut Sheet 3 of 4 Scale: 1”=40’ Date: October 13, 2020 Revised: 11‐23‐2020 by James
Bernardo Land Surveying, LLC” said map to be recorded in the City of Norwich Land Evidence
records. Said parcel being bounded and described as follows:
Beginning at point at the northeasterly corner of the within described parcel of
land on the present westerly street line of Scotland Road at a concrete
monument;
Thence running S 25°38'03" W along the present westerly street line of Scotland
Road a distance of 415.44' to a point;
Thence running N 74°41'53" W a distance of 5.34' to a rebar with cap;
Thence running N 25°38'03" E along a line approximately 30’ distant from, and
parallel to, the centerline of Scotland Road a distance of 415.53' to a rebar with
cap;
Thence running S 73°46'25" E a distance of 5.32' to the point and place of
beginning,
Said parcel having an area of 2,181 square feet, 0.05 acres.
RESOLUTION #7
SCHEDULE B
SCHEDULE B – CONSERVATION EASEMENT AREA
A certain piece or parcel of land located westerly of Scotland Road in the City of Norwich,
County of New London, State of Connecticut being more particularly shown on a certain survey
map entitled “Lot Layout Scotland Road Subdivision Property Of American Property Group, LLC
For Property Located At 158 Scotland Road City of Norwich – County of New London –
Connecticut Sheet 3 of 4 Scale: 1”=40’ Date: October 13, 2020 Revised: 11‐23‐2020 by James
Bernardo Land Surveying, LLC” said map to be recorded in the City of Norwich Land Evidence
records. Said parcel being bounded and described as follows:
Beginning at point at the northeasterly corner of the within described parcel of
land at land now or formerly of Ravi & Manisha Prakash;
Thence running S 26°55'30" E across land of American Property Group, LLC a
distance of 65.88' to a point of curvature ;
Thence with a curve turning to the right, an arc length of 24.64', a radius of
25.00', a chord bearing of S 01°18'30" W and a chord length of 23.65' across land
of American Property Group, LLC to a point;
Thence running S 29°32'29" W a distance of 52.49' across land of American
Property Group, LLC to a point;
Thence running S 60°08'13" W a distance of 24.67' across land of American
Property Group, LLC to a point;
Thence running S 34°01'04" W across land of American Property Group, LLC a
distance of 51.03' to a point;
Thence running S 06°36'08" E across land of American Property Group, LLC a
distance of 33.20' to a point;
Thence running S 16°07'16" W across land of American Property Group, LLC a
distance of 50.03' to a point;
Thence running S 40°41'44" W across land of American Property Group, LLC a
distance of 21.06' to a point;
Thence running S 09°41'51" W across land of American Property Group, LLC a
distance of 25.60' to a point;
Thence running S 20°48'34" E across land of American Property Group, LLC a
distance of 63.38' to a point;
Thence running S 05°37'33" E across land of American Property Group, LLC a
distance of 42.59' to a point on a stone wall;
Thence running N 74°08'29" W along a stone wall and land now or formerly of
Lynn M. Norris a distance of 126.40' to a drill hole;
Thence running N 75°54'59" W along said stone wall and land of said Norris a
distance of 51.23' to a stone wall intersection;
Thence running N 07°41'21" E along said stone wall and land now or formerly of
Charles K. Norris a distance of 171.65' to a stone wall intersection;
Thence running N 11°17'15" E along said stone wall and land of said Charles K.
Norris a distance of 35.79' to a stone wall intersection;
Thence running N 02°25'16" E along said stone wall and land of said Charles K.
Norris a distance of 32.65' to an angle in said stone wall;
Thence running N 04°28'38" E along said stone wall and land of said Charles
K.Norris and along land now or formerly of Ravi & Manisha Prakash a distance of
168.44' to an iron pipe in said stone wall;
Thence running S 75°16'13" E along land of said Prakash a distance of 144.60' to
a point;
Thence running S 74°47'33" E along land of said Prakash a distance of 36.15' to
the point and place of beginning.
Said parcel having an area of 69,203 square feet, 1.59 acres
NEW BUSINESS ORDINANCE #1
AN ORDINANCE AMENDING CHAPTER 3 SPECIAL DISTRICTS
BY ADDING SECTION 3.11 BUSINESS MASTER PLAN DISTRICT (BMPD)
TO THE NORWICH ZONING REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT:
3.11 BUSINESS MASTER PLAN DISTRICT (BMPD)
3.11.1 Statement of Purpose
3.11.1.1 The City of Norwich recognizes that there exist properties located proximate to Interstate
395 and the Taftville-Occum area of the City which represent important opportunities for economic growth
and community development. There may also be other areas in the City which may be identified from time to
time which present such opportunities.
3.11.1.2 The City Council may establish a site specific BMPD for those properties suitable for the
development of uses as permitted in a BMPD as set forth in these regulations. The BMPD is a floating zone
governed by a Master Plan. The Master Plan will be subject to review and approval by the City Council,
acting as the City’s zoning authority, as a zone change, subject to a public hearing and the terms and conditions
of these regulations. The Master Plan requires certain fluidity in order to accommodate market changes during
the complete development of the property or properties comprising the BMPD, and as such may change over
time. Any substantial and material changes shall be subject to the City Council’s sole discretion and shall be
subject to the same procedural and public hearing requirements as the original zone change adopting the
BMPD. Any development on the zoned property will be subject to the specific BMPD requirements as set
forth herein.
3.11.1.3 The BMPD is intended to encourage development of commercial parcels and permit new
construction, renovation and/or adaptive re-use at these sites. The proposed uses and objectives are in
conformity with and in furtherance of the goals and objectives contained in the Norwich Plan of Conservation
and Development (POCD), and may include locations for advanced technology industries, research and
development facilities, data centers, laboratories, or manufacturing, which will generate employment
opportunities for the City. Factors to be considered by the City Council in approving a BMPD include:
.1 That the location, uses and layout of the BMPD are in conformance with the general intent
and the goals and objectives of the POCD.
.2 That there will exist compatibility between the various uses that are proposed within the
BMPD and also compatibility with neighboring land uses, taking into consideration the
requirement and standards of these regulations.
.3 That there will be a positive economic impact of the proposed BMPD to the City,
including anticipated tax revenue, utility revenue and employment opportunities.
3.11.2 Establishment of District
3.11.2.1 The City Council shall establish the BMPD by approving a Master Plan, which while not
intended to be a substitute for detailed requirements associated with a site plan, provides sufficient
information to determine whether the proposal is in conformance with Section 3.11.1. Such adoption
shall constitute a zoning map amendment in accordance with Section 8.4 of these Regulations.
3.11.2.2 Additions and Alterations. Any substantial and material alterations to the Master Plan,
including but not limited to changes which are beyond the authority of the Commission of the City Plan under
Chapter 7 of these Regulation, must comply with the criteria established in Section 3.11.1, and must be
approved by the City Council in its sole discretion.
3.11.2.3 District Expiration. Approval of the zone change under this BMPD shall be void, without
any further action of the City Council and the property shall automatically return to its prior zoning
designation, unless a site plan for one or more sites in the BMPD is approved within 5 years of the zone
change approval. The City Council may grant one or more extensions of this period prior to expiration upon
written request of the applicant, but in no event will the extensions exceed 5 additional years.
3.11.3 Master Plan
The purpose of the submission of a Master Plan is to determine whether the proposed uses and layout
conform to Section 3.11.1, 3.11.5 and the POCD. The Master Plan, once adopted for a particular property or
properties (the “Site”) shall establish the dimensional characteristics of the BMPD and its uses. All elements
of the Master Plan shall be prepared to provide a conceptual plan for the overall development of the BMPD.
The Master Plan shall include:
3.11.3.1 Master Plan narrative demonstrating the Master Plan’s consistency with the purpose of the
BMPD, and the policies, goals and objectives of the POCD.
3.11.3.2 Existing Conditions Plan, showing site conditions and structures, including wetlands,
watercourses, special flood hazard areas, existing topography with 5-foot contours showing the general
gradient of the site, existing roads and rights of way, easements, boundary survey and location map, which,
along with other surveys and plans listed below, shall be at a scale of 1 inch = 100 feet or larger prepared by a
Connecticut licensed architect, landscape architect, surveyor or engineer (collectively the “Consultants”).
3.11.3.3 A description of the existing uses of the Properties and their present location prepared by the
applicant and its Consultants.
3.11.3.4 Conceptual plan indicating structures to be retained, substantially rehabilitated or
demolished; general location of new structures to be built on the Properties; proposed roadways; parking areas;
vehicular and pedestrian circulation; and any areas to be landscaped or dedicated to public use or open space.
This plan shall be prepared by one or more of the applicant’s Consultants, as applicable, and provide sufficient
information to review the proposal.
3.11.3.5 A description of any proposed new uses or change in uses and their proposed location on the
site by the applicant and/or its Consultants.
3.11.3.6 A preliminary traffic analysis detailing the impact of the proposed development taking into
account the most intensive uses permitted in the BMPD; and including in the conceptual plan and the measures
necessary to mitigate those impacts, if necessary.
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3.11.4 Site Plan
3.11.4.1 After Master Plan approval and establishment of the zone by the City Council, each
development site must apply for site plan approval to the Commission on the City Plan (“Commission”),
following the requirements of Chapter 7 of these Regulations. The implementation of the Master Plan may be
phased by the filing of multiple site plan applications.
3.11.5 Design Standards. The following design standards shall apply to the BMPD:
3.11.5.1 Area and Bulk Requirements. Existing structures located within the BMPD are deemed to
be conforming in terms of any encroachments on maximum heigh, maximum lot coverage, etc.
(i) Minimum district size: A minimum of 200 acres of contiguous land in one or more
parcels under common ownership or other ownership arrangement satisfactory to the City
Council acting as the zoning authority in its discretion; and
(ii) Road frontage along any arterial road or direct access to and from an arterial
road via a public road and/or private right of way;
(iii) Serviced by adequate underground public utilities or be capable of being
serviced by the same or by the provision of sufficient on site facilities to be constructed.
(iv) Minimum front yard: 0
(v) Minimum side yard: 0
(vi) Minimum rear yard: 0
(vii) Maximum building height: such height as approved on the Master Plan.
3.11.5.2 Architectural Design. All new construction shall be designed to provide a high
quality appearance consistent with contemporary standards and all selected materials
shall be durable with subtle colors and uniform treatment.
3.11.5.3 Signage. A sign plan evidencing unified signage for the BMPD, including the general
position, size and appearance of signs visible from any public right of way shall be included in the
Master Plan application and shall be approved by the City Council.
3.11.5.4 Parking. On site parking areas shall be adequate for the uses proposed. The Master
Plan shall establish parking standards, with parking located on site to the extent feasible,
without excessive impervious coverage. Parking area design should maximize
landscaping. Stormwater management shall be designed to handle anticipated run-off
without creating negative impacts on adjacent properties or natural resources.
3.11.5.5 Lighting. All site lighting shall be designed with full cut-off fixtures and facing in a general
downward direction to shield and reduce glare.
3.11.5.6 Permitted Uses. Permitted uses shall be established by the Master Plan.
.1 Professional and contractor offices
.2 Research and development facilities
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.3 Computer software and hardware development
.4 Data Centers
.5 Logistic Centers
.6 Laboratories – no onsite patient visits permitted
.7 Manufacturing
.8 Power generation facilities and utilities
.9 Truck Stop with associated retail sales, subject to approval of location
within the BMPD
.10 Other uses as permitted in the underlying zone in which the BMPD is
located when specifically identified at the time of the BMPD application
3.11.5.7 Prohibited uses. The following uses are prohibited in the BMPD
.1 Outdoor storage of raw or finished materials as a principal use (more than 50% of the
building footprint)
.2 Junk or salvage yards
.3 Gasoline filling stations, except the permitted use Truck Stop
.4 Vehicle sales, leasing and renting
.5 Auto repair, storage, maintenance and paint shops
.6 Retail sales except associated with permitted use Truck Stop
.7 Residential uses
.8 Landscaping and construction laydown area
.9 Self-Storage facilities
3.11.5.8 Buffers. The purpose of buffer areas is to provide privacy from noise, light glare and visual
intrusion to residential dwellings in all locations where uses within the BMPD abut a residential district
exterior to the BMPD. The city council will carefully analyze any buffers between the BMPD and
surrounding residential neighborhoods and may tailor standard buffers to include enhanced, landscaping,
fences, walls and earthen landscaped berms, with due consideration for the relative heights of the uses on each
side of the buffer.
.1 Standard Buffers. Unless otherwise approved in the Master Plan, buffers for uses within
the BMPD shall be established and maintained as 25 feet with 10 feet of screening from the adjoining
residential zone and/or any additional buffer requirements as determined by the City Council.
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.2 Buffers may only be reduced from those established under Section 3.11.5.8.1 in the event
such reduction is compatible with the objectives of Section 3.11.1. When reduction of buffers under Section
3.11.5.8.1 is allowed, the City Council shall require buffers meeting the standards of Section 13.11.5.8. The
City Council, in the exercise of its discretion may require buffers of such size, type and material as it deems
reasonably necessary to protect adjacent properties or important natural resources.
.3 The following accessory uses may be allowed within buffer areas, provided they are
adequately screened from residential properties: access roads, pedestrian sidewalks, utilities, mailboxes and
approved signs.
Mayor Peter A. Nystrom
President Pro Tem Mark M. Bettencourt
Alderwoman Stacy Gould
5
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