Commission on the City Plan

LAST REVISED 10/18/12 3:05 PM MINUTES COMMISSION ON THE CITY PLAN Tuesday, October 16, 2012 – 7:00 P.M. 100 BROADWAY, NORWICH CONNECTICUT COUNCIL CHAMBERS REGULAR MEETING AGENDA ITEMS A, B & C – CALL TO ORDER, ROLL CALL, DETERMINATION OF QUORUM: Art Sharron called the meeting to order at 7:00 pm. Commission Members Present: Ralph Page, Arthur Sharron, P. Michael Lahan, Frank Manfredi, & John Mathieu. A quorum was present. Absent: Les King Also Present: Peter Davis, Director and Jacquie Barbarossa, Recording Secretary D. APPROVAL OF MEETING MINUTES: Upon motion by John Mathieu and second by Art Sharron, the Commission voted unanimously to APPROVE the minutes of the September 18, 2012 Regular Meeting. E. COMMUNICATIONS: NONE Mr. Davis asked for a suspension of rules to take items out of order in order to discuss the Council referral. Motion by John Mathieu to suspend rules, second by Art Sharron - unanimous. L. OTHER BUSINESS: 1. C.G.S. 8-24 Council Referral: Acceptance of road frontage along Corning Road associated with subdivision of land of Maximilian Kolbe, LLC Mr. Davis stated this was an advisory opinion in regards to a subdivision in Preston with a portion of land located in Norwich. He read letter from City Engineer stating there was no reason not to accept the land. Upon motion by Frank Manfredi and second by John Mathieu the Commission voted unanimously to forward a FAVORABLE RECOMMENDATION to the City Council for acceptance of road frontage. Mr. Davis also stated that SDP 1017 needed to be tabled to obtain more information. Motion by Art Sharron, second by John Mathieu to TABLE SDP 1017 – Unanimous – Item TABLED. 1 LAST REVISED 10/18/12 3:05 PM Mr. Davis explained the process and criteria of the Special Permit referring to section 17.2. stating that special permits require a higher level of review due to the potential impact on neighborhood, character, traffic, future development and other additional requirements such as intended use. He also stated the applicant must demonstrate for the record who they are (religious, non-profit, and eleemosynary), He stated the Commission is not here to debate the need, building codes or other locations for the facility. F. PUBLIC HEARINGS: 1. SP #12-03 - Clairmont Ave. – Assessor’s Map 102, Block 5, Lot 74. Application of Jillian Corbin for St. Joseph’s Polish Roman Catholic Congregation –- under Sec. 8.1.2 (b) religious and eleemosynary use by non-profit. Site is located in MF Zone and owned by St. Joseph’s Polish Roman Catholic Congregation. Peter Davis read in exhibits “A-L”. Attorney Timothy Bates from Robinson & Cole spoke on behalf of St. Vincent De Paul Place. He submitted item “M” Authorization for Jillian Corbin to represent St. Vincent De Paul Place. Attorney Bates stated a history of the site would be presented on how the site has been used and how it compares now. He also stated that religious use must be taken into consideration due to the First Amendment, US Constitution, CT Constitution, State Statues and Federal Statues. He stated the Soup Kitchen is a religious use and part of the mission of the Diocese which is an accessory use to the church. Father Les Janet, pastor of St. Peter and Paul, presented and submitted item “N” Diocese Letter of Support which stated the history and mission of Saint Vincent de Paul Place. Father Tadeusz Zadorozny (a.k.a Father Tad) administrator of St. Joseph Church presented and submitted item “O” the history of St. Joseph Church which was established in 1904. Attorney Bates introduced Jillian Corbin, Executive Director of St. Vincent De Paul Place and submitted exhibit “P” Resume and “Q” Graph of Food Service. Ms. Corbin gave a summary of the soup kitchens patrons, and hours and services provided. Services include a hospitality site, food pantry, and laundry services, outreach programs which include social and medical referrals. She stated their mission goes beyond food and clothing and they take an active role in the Norwich Community. Robert Mercer of Mercer & Bertsche submitted exhibit “R” resume “S” Outline for Character and Traffic and “T” Aerial Photo and Maps showing locations. Mr. Mercer stated the character of the neighborhood does not change and the church is continuing its mission. He compared the amount of students versus the number of clients served and stated there is less traffic now since there are no school buses. He stated there are 46 parking spaces. As for future development, he stated an elevator would be added for handicap access. He also stated this site is a self contained campus rather than the previous more public location. Attorney Bates submitted exhibit “U” – Narrative, and summarized the history of the site stating there has been religious/eleemosynary activity and food served at the site since 1906. The relocation of the soup kitchen is not a change in the underlying use at that location, 2 LAST REVISED 10/18/12 3:05 PM it is an accessory use of the church. He stated the church meets the special permit criteria and has been a religious use for more than a century. He stated the current activities are less of an impact on character and traffic than the school was. Attorney Bates referenced the First Amendment and several Supreme Court cases which are included in the narrative submitted regarding accessory uses. He stated the church realizes the neighbors are concerned and the Diocese will continue to work with the surrounding community. Art Sharron questioned the installation of the elevator and if the upper floors would be used. Attorney Bates stated there was no plan to use the upper floors but the elevator shaft would go to all floors. Ralph Page asked if anyone wanted to speak in favor. Speaking in favor was: David Warfield, Al Taday, Peter Harding, Val Moore, Norm Atwood, Michael Waggoner, Corinne Kelly, Eileen Dolan, Michael Sforza, Robert Groner, Virginia Levasseur, Patty Small, and Brandi Larkin. Andy Depta asked the Commission to table the meeting due to an error on the agenda. Ralph Page asked if anyone wanted to speak in opposition. Speaking in opposition were: Sharon Reilly, Mark Gagne – submitted exhibit “V”- petitions and “W” statement, Denise Higgins, David Mitchell, James Small –submitted exhibit “X”- statement , Joanne Philbreck, Joan Scungio, Albina Czapski, Terrall Garrison-submitted exhibit “Y” statement, Brian Kobylarz, submitted exhibit “Z”-statement, Sara Scepanski – submitted exhibit “AA”-statement , Walter Scepanski, Kathleen Murphy, Cheryle Colonni, Hector Soto & Ryan LeBlanc Attorney William McCoy from Heller, Heller and McCoy spoke in opposition on behalf of the neighborhood. He asked the Commission to refer to the 2002 Plan of Conservation and Development which deals with noncommercial use in the downtown, the impact of social services in the downtown area and residential neighborhoods and the detriment to the those neighborhoods. He stated the closing of the State Hospital left communities to deal with the issue of social services. The POCD deals with the concentration of those services and the needs which includes transitional housing. He stated there is a concentration of these uses in the area and they have an impact on the community and neighborhoods. The POCD also references the need of multifamily housing and this special permit is contrary to the plan. He concluded with asking the Commission to follow the City’s POCD and plan for the City. Ralph Page asked if anyone else wanted to speak in opposition. There were no more speakers. Michael Lahan asked the Commission to continue the hearing until next regular scheduled meeting so the applicant could prepare for rebuttals; he also asked staff to obtain an opinion on the First Amendment issue, second by Art Sharron – unanimous - HEARING CONTINUED. G: OLD BUSINESS: NONE 3 LAST REVISED 10/18/12 3:05 PM H: NEW BUSINESS: TABLED 1. SP #12-03 - Clairmont Ave. – Assessor’s Map 102, Block 5, Lot 74. Application of Jillian Corbin for St. Joseph’s Polish Roman Catholic Congregation– under Sec. 8.1.2 (b) religious and eleemosynary use by non-profit. Site is located in MF Zone and owned by St. Joseph’s Polish Roman Catholic Congregation. Includes waiver of site plan review under Sec. 17.1.11 2. SDP #1017 - 88 & 90 Salem Turnpike – (Rt. 82) – Application of RFP Inc. for construction of a 1,930 sq. ft retail building with drive-thru and associated parking and site improvements. Site is in PC zoning district and owned by RFP Inc. I: EXTENSIONS: NONE J: BOND RELEASES: NONE K: ZONING MATTERS: NONE M. ADJOURNMENT: Upon motion by Frank Manfredi, and second by Art Sharron, the Commission voted unanimously to adjourn the meeting at 10:02 pm. Respectfully submitted, Jacquie Barbarossa, Recording Secretary 4