Commission on the City Plan

LAST REVISED 5/24/13 11:29 AM MINUTES COMMISSION ON THE CITY PLAN Tuesday, May 21, 2013 – 7:00 P.M. 23 UNION STREET NORWICH CONNECTICUT LOWER LEVEL CONFERENCE ROOM REGULAR MEETING AGENDA ITEMS A, B & C – CALL TO ORDER, ROLL CALL, DETERMINATION OF QUORUM: Acting Chair Arthur Sharron called the meeting to order at 7:00 pm. Commission Members Present: Arthur Sharron, Frank Manfredi, John Mathieu and Les King. A quorum was present. Absent: Ralph Page & P. Michael Lahan Also Present: Peter Davis, Director and Jacquie Barbarossa, Recording Secretary D. APPROVAL OF MEETING MINUTES: Upon motion by Les King and second by John Mathieu, the Commission voted unanimously to APPROVE the minutes of the April 16, 2013 Regular Meeting. E. COMMUNICATIONS: 1. Letter from Barry Ellison regarding project at Montville town line. Peter Davis stated this was statutory requirement to notify the abutting town and the full application will be on the IWWCC’s next meeting agenda. 2. Flood Plain Referral - IWWCC #13-04 – 41 Wawecus St. Peter Davis stated he would read the letter with the special permit application 13-01. F. PUBLIC HEARINGS: 1. SP#13-01 – 41 Wawecus St. – Application of Phelps Dodge Industries, Inc. dba Freeport-McMoRan Copper Products – under Sec 14.6 - improvements and maintenance to storm water control system and site work within floodway and flood plain consisting of 1.12 acres. Site is located in BP zone and owned by Phelps Dodge Industries Inc. CONTINUED FROM APRIL Peter Davis read in exhibits “A” - “O”. He read exhibit “O” in its entirety – IWWCC Recommendation with Favorable Recommendation. Mr. Davis stated this was the last phase of a consent order from DEEP for work in the 100 year flood plain. Mr. Davis stated that the work will improve the storm water situation, by adding an infiltration basin, and a maintenance road. The proposed work will increase compensatory storage and provide a 1 LAST REVISED 5/24/13 11:29 AM higher level of protection from what is currently there. He also stated the maintenance road will be built with the excavated material from the site if suitable. Art Sharron asked if anyone else wanted to speak in favor or opposition. No members of the public spoke in favor or opposition to the project. There were no comments from the Commission. HEARING CLOSED. 2. SP#13-02 – Wilderness Rd - Assessor’s Map 77, Block 1, Lot 26 Application of Chelsea Gardens Foundation, Inc. under Sec 8.5.4 –recreation use to construct a botanical garden facility and associated site improvements on 80 acres of leased Mohegan Park land. Site is located in ROS zone and owned by the City of Norwich. Peter Davis read in exhibits “A”-“M” stating that the improvements were for recreation with an educational component under the Chelsea Garden Foundation. Attorney Theodore Phillips, who is a member of the foundation, spoke on behalf of Chelsea Gardens. Attorney Phillips stated that Chelsea Gardens is looking to construct a world class botanical garden at the site. The foundation is in the final stage of the business plan and looking to secure grants and/or loans from various foundations and must have the proper permits in place. He stated the use is compatible with the neighborhood since it is bordered on 3 sides by the City owned park and the remaining side is bordered by a residential area and will have a 50 ft. buffer. He stated that a traffic study had been completed and there would be no significant impact to Mohegun park roads and they would take use of the new Intermodal Transportation Center for shuttle service. As for future development he stated that all but 2 properties on the residential side have been developed and this will enhance the value of the neighborhood. Hugh Schnip, President of Chelsea Gardens stated the foundation had gone through various plans and these were condensed for less impact to the site. Art Sharron asked if anyone else wanted to speak in favor or opposition. Attorney Phillips stated that 10 members of the board raised their hand in support of the application. No members of the public spoke in opposition to the project. There were no comments from the Commission. HEARING CLOSED. 3. SP#13-03 – 129 Asylum St. – Application of Guide Inc. – under Sec 8.1.2 (b) – educational use by non-profit. Site is located in R20 zone and owned by Peoples United Bank. Peter Davis read in exhibits “A” – “M”. Mr. Davis stated there would be no change to the configuration of the property. He stated there is an existing parking lot on the property which the Zoning Officer had reviewed and could satisfy the parking requirements. Lena Bean, Director of Guide Inc, explained that the property would be used to train individuals with special needs how to live in a residential setting by teaching basic skills such as cooking, laundry and practice fire drills in a one on one situation. She stated it can take 6 months to several years to train the young adults to live on their own and the number of 2 LAST REVISED 5/24/13 11:29 AM hours of training varies based on the individuals. Ms. Bean stated she has been doing this type of training for 19 years and this type of residential setting decreases the number of hours of training for the individuals to be able to live on their own. Frank Manfredi asked about the number of training hours per day. Ms. Bean stated it varies by individual but no one would be living at the property. Art Sharron asked if anyone else wanted to speak in favor or opposition. No members of the public spoke in favor or opposition to the project. There were no additional comments from the Commission. HEARING CLOSED. G: OLD BUSINESS: 1. SP#13-01 – 41 Wawecus St. – Application of Phelps Dodge Industries, Inc. dba Freeport-McMoRan Copper Products – under Sec 14.6 - improvements and maintenance to storm water control system and site work within floodway and flood plain consisting of 1.12 acres. Site is located in BP zone and owned by Phelps Dodge Industries Inc. Mr. Davis reiterated that this was the last phase of a consent order by DEEP and would increase the compensatory storage. Motion by Frank Manfredi to approve SP #13-01, second by Les King unanimously – APPROVED. 2. SDP 1020 - 41 Wawecus St. – Application of Phelps Dodge Industries, Inc. dba Freeport-McMoRan Copper Products – under Sec 14.6 - improvements and maintenance to storm water control system and site work within floodway and flood plain consisting of 1.12 acres. Site is located in BP zone and owned by Phelps Dodge Industries Inc. Peter Davis stated there was minimal work outside of the flood plain and most of the issues are dealt with the special permit. He showed the plan and pointed out the location of the hydro-separators and access road. Mr. Davis stated that Public Works had reviewed the bond estimate and most of the work would be completed during the low flow and would be supervised by DEEP. He also said that the City Engineer stated that the project would be a long term benefit to the Yantic River and that the project had gotten a favorable recommendation by IWWCC. Motion by Les King to approve SDP #1020 with bond in the amount of $89,020, second by Frank Manfredi unanimously – APPROVED W/CONDITIONS. H: NEW BUSINESS: 1. SP#13-02 – Wilderness Rd - Assessor’s Map 77, Block 1, Lot 26 Application of Chelsea Gardens Foundation, Inc. under Sec 8.5.4 –recreation use to construct a botanical garden facility and associated site improvements on 80 acres of leased Mohegan Park land. Site is located in ROS zone and owned by the City of Norwich. 3 LAST REVISED 5/24/13 11:29 AM Motion by Frank Manfredi to approve SP #13-02 based on criteria in Sec 17.2.3, second by Les King unanimously – APPROVED. 2. SP#13-03 – 129 Asylum St. – Application of Guide Inc. – under Sec 8.1.2 (b) – educational use by non-profit. Site is located in R20 zone and owned by Peoples United Bank. Includes waiver of site plan review under Sec. 17.1.11 Mr. Davis stated that since the external character of the building wasn’t going to change and there would be a limited number of clients at the site, there would be minimal impact to the neighborhood. Motion by Frank Manfredi to approve SP #13-03 based on criteria in Sec 17.2.3, second by Les King unanimously – APPROVED. 3. SDP 1021 - Wilderness Rd - Assessor’s Map 77, Block 1, Lot 26 Application of Chelsea Gardens Foundation, Inc. to construct a public garden, various site improvements and associated parking. Initial phase will include maintenance building, greenhouse, classroom, service building and butterfly pavilion. Site is located in ROS zone and owned by the City of Norwich. Mr. Davis stated that Chelsea Gardens was moving forward for funding approval and may have to come back with changes to designs. Tom Cummings, principal of CLA stated Chelsea Gardens was requesting waivers for A-2 Survey and bond requirements. He showed an aerial photo of Mohegun Park pointing out the proposed site. Mr. Cummings stated that the organization had revised several master plans throughout the years and consolidated the project to protect the features that are all ready there. Rain water and runoff will be collected for reuse to water plants. He stated there would be ample parking, existing roads would be used and Wilderness Rd. would be widened for bus traffic. Hugh Schnip, showed colored renderings of the buildings which will be of Victorian design. He stated the dining cafeteria will have catering facilities for large events and the maintenance building will be located off Judd Rd. and not visible from the site. Mr. Cummings stated that utilities are available nearby and will be brought to the site. Hydrants will be extended as needed. Frank Manfredi asked if the request for bond waiver was permanent. Tom Cummings stated that it was for this portion of the project and if the means to build the project are met then there would be money for future bonds. Motion by Frank Manfredi to approve SDP #1021 with waiver of A-2 Survey and bond for the time being, second by Les King unanimously – APPROVED W/WAIVERS. 4. SDP 1022 – 624 West Main St. – Application of Simon Konover 4 LAST REVISED 5/24/13 11:29 AM Development Corporation to construct an 8,400 sq. ft. retail/restaurant building at an existing shopping center with request for parking modification under sec 15.9. Site is located in PC zone and owned by Norwich Realty Associates LLC. Mr. Davis showed the site plan and stated it was the existing Marcus Plaza. He stated that a variance was granted in 2011 for lot coverage. He also stated that public works had suggested an easement be secured for the existing drainage at Norman and Rte 82. Mr. Davis stated the site is self-contained and an erosion sediment control plan has been provided. Attorney William Sweeny of TCORS spoke on behalf of the applicant stating that the proposed building was a stand alone building with no tenants at this point but they are negotiating with a national chain so the outside of the building and signage could change. He stated that it is a permitted use and that the reason for CCP review was to reduce the number of parking spaces to 526 spaces once the site is completed. Mr. Sweeny stated that all utilities are on site and they will apply for any DOT permits required. He also stated there are currently 580 paved parking spaces available and current zoning calculations dictates approx 700 spaces are required based on the various uses in the plaza. Kyle Bogardus of Langan Engineering & Environmental Services gave the highlights of a parking study that was included with application. He stated that at peak demand times and that highest occupancy rate was 343 spaces during Easter weekend 2013 which is when the anchor store, ShopRite was busiest. Once this development takes place the spaces will be reduced to 526 which are more than sufficient based on the busiest time. Peter Davis stated staff was comfortable with information presented since parking calculations are based on gross square footage of businesses and includes storage/warehouse space which normally has a lower parking requirement. Motion by Frank Manfredi to approve SDP #1022 with parking modification, bond in the amount of $172,117 and minor architectural changes to be approved by staff, second by John Mathieu - unanimously APPROVED W/CONDITIONS. I: EXTENSIONS: NONE J: BOND RELEASES: 1. SDP 1011 – Mueller Real Estate LLC – 217 Otrobando Ave. – Request of Muller Real Estate, LLC for full release of bond in the amount of $19,162. Mr. Davis stated the site was completed. Les King made a motion to release full amount of bond, seconded by Les King-unanimous- BOND RELEASED. K: ZONING MATTERS: ZBA Referral; Use variance 1. V#13-07 – Application of Guy Palazzo for property located at 88 Sherman St. in a 5 LAST REVISED 5/24/13 11:29 AM Neighborhood Commercial (NC) zoning district. In accordance with Sec.9.1 permitted use AND Sec.9.8.7 mixed residential & commercial use to permit the conversion of professional office to single family residence and art studio and to permit the sq. ft. of residential use to exceed the sq. ft. of commercial use (84% + 16%). Peter Davis stated had no objection to the request since it would have no impact on the surrounding neighborhood since it is currently mixed use. Motion by Frank Manfredi to send a FAVORABLE RECOMMENDATION to ZBA, seconded by John Mathieu - unanimous. 2. V#13-09 – Application of 104 North Main Street, LLC for property located at 104 North Main St in a General Commercial (GC) zoning district. In accordance with Sec.9.2.1 permitted use AND Sec.15.1 Off street parking 8 required; request reduction to 0 for the conversion of a two (2) family residence to three (3) family. The Commission discussed the location of the property and the lack of parking in the area and on the street. Motion by Les King to send an UNFAVORABLE RECOMMENDATION to ZBA, seconded by Frank Manfredi - unanimous. L. OTHER BUSINESS: 1. C.G.S. 8-24 Council Referral from City Council relative to purchase of property located at 12-20 Erin and White St. The Commission reviewed the GIS map. Mr. Davis stated that NPU would be using the site for additional storage and it was consistent with the POCD. Motion by Frank Manfredi to send FAVORABLE RECOMMENDATION to the City Council regarding the proposed referral since it is consistent with the POCD, seconded by John Mathieu - UNANIMOUS. 2. Request of NCDC for parking waiver at 102-110 Main Street on behalf of owner and future tenants for retail on first floor. Site is located within the Chelsea Central (CC) zoning district and owned by 102 Main LLC. Mr. Davis stated staff recommended waiver due to location of nearby public parking facilities. Staff recommended waiver. Motion by Les King to approve waiver, second by John Mathieu –– WAIVER GRANTED. 3. Election of Officers Art Sharron made a motion to table the election to next meeting since not all members were present, seconded my Frank Manfredi, TABLED - UNANIMOUS. M. ADJOURNMENT: 6 LAST REVISED 5/24/13 11:29 AM Upon motion by Les King, and second by Frank Manfredi, the Commission voted unanimously to adjourn the meeting at 8:55 pm. Respectfully submitted, Jacquie Barbarossa, Recording Secretary 7