Commission on the City Plan

MINUTES COMMISSION ON THE CITY PLAN MAY 15TH, 2018 -7:00 P.M. 100 BROADWAY, NORWICH CONNECTICUT RM #335-THIRD FLOOR REGULAR MEETING A. CALL TO ORDER: Frank Manfredi, Vice Chairman, called the meeting to order at 7:00 P.M. B. ROLL CALL AND SEATING OF ALTERNATES: Present: Frank Manfredi, Vice Chairman, Les King, Kathy Warzecha & Daniel Daniska, alternate. Michael Lahan arrived at 7:07. A quorum was present, with all members seated. Absent: Art Sharron, Chairman, alternates Swarnjit Singh Bhatia and Jason Arndt. Others Present: Deanna Rhodes, City Planner, and Debra Delaporta, recording secretary C. APPROVAL OF MINUTES: A motion was made by Frank Manfredi to table the minutes from the April 17th, 2018 regular meeting and seconded by Dan Daniska, with all members in favor, for the reason most members in attendance were not at the April meeting. D. COMMUNICATIONS: None E. PUBLIC HEARING/NEW BUSINESS: Frank Manfredi read the applications into the record. Les King made a motion to accept them, seconded by Kathy Warzecha, with all members in favor. 1. SP #18-02: 437 New London Tpke. Special Permit request to legalize an existing accessory apartment. Application and Property of Joao R. Pontes. Assessor’s Map 108, Block 2, Lot 10. Zone R-40. A motion was made by Les King, seconded by Dan Daniska to open the public hearing for SP#18-02, with all members in favor. Deanna Rhodes asked the applicant to address the Commission. Mr. Pontes stated he purchased the property about 8 years ago, and at that time the apartment already existed. Mr. Pontes explained that he had added a bathroom and kitchen, but until recently it had not been rented out. Ms. Rhodes stated Mr. Pontes had not submitted a waiver for the site plan. Upon her inspection in the field, she noticed a car parked on the grass, not in the driveway. One of the requirements is that the property needs to continue to look like a single family home so Ms. Rhodes stated one of her recommendations would be that no cars be allowed to be parked on the grass. Mr. Pontes said that the vehicle had been for sale. Ms. Rhodes noted that she saw no sign on the vehicle indicated that was the case. She further explained that the narrative submitted by Mr. Pontes stated he would not rent to anyone with children. Ms. Rhodes stated he needed to become more familiar with the Fair Housing laws, as that is not an allowed practice. Ms. Rhodes said there was a question of the floor plan size and that a new sketch would be required to confirm the square footage which at the present time did not match the Assessor’s record. Deanna explained the one of the units must always be owner occupied and that the apartment, if rented, must be rented at or below affordable housing rates, with this deed restriction filed on the land records. Frank Manfredi suggested Mr. Pontes make an appointment with Ms. Rhodes to address outstanding items. Les King made a motion to continue the public hearing until the June 19th, 2018 meeting, seconded by Michael Lahan, with all members in favor. 2. SP #18-03: 11 Brownwood Lane. Special Permit request for an accessory apartment. Application of Hanna Marcus. Property of Gary L. & Misako Marcus. Assessor’s Map 52, Block 1, Lot 63. Zone R-40. A motion was made by Les King, seconded by Dan Daniska to open the public hearing for SP #18-03, with all members in favor.  Deanna Rhodes stated the following: that the applicant, Hannah Marcus had submitted her site plan waiver, the City received the proof of notification to abutters, the property had sufficient parking, Uncas Health had no objections to the application and the applicant was aware the owners must live on site and the same deed restrictions as the previous application needed to be recorded on the land records. Ms. Marcus then addressed the Commission, presenting pictures of the property and explaining the only visible change to the property would be the outside stairs located on the right side of the house, and that the landscaping of the property and surrounding neighborhood would help obscure the stairs. Property owner Gary Marcus then spoke in favor of the application. He stated the accessory apartment would allow someone to stay on the premises to assist him with upcoming medical work he needed done. The Chairman then asked if anyone else wanted to speak in favor or in opposition of the proposal. With no one speaking in opposition, Les King made a motion to close the public hearing, seconded by Dan Daniska with all in favor. Les King made a motion to waive the site plan requirement, seconded by Michael Lahan, with all in favor. Kathy Warzecha made a motion to approve SP#18-03 stating the reason as being that the application is in compliance with the zoning regulations, and is providing affordable housing opportunities. The motion was seconded by Dan Daniska, with all members in favor to APPROVE the application with the following conditions presented by the Planner: 1. That the certification of approval for this Special Permit use be filed with the City Clerk’s office before becoming effective. This certification will be provided to the applicant by the City Planning Department post approval after the appeal period has ended. 2. That the deed restriction required by ZR Section 6.7.11 relative to rental price as “affordable housing” shall be filed on the land records. 3. That the owner of the principal dwelling shall occupy at least 1 of the dwelling units on the premises. 4. That a zoning permit be applied for and issued by the ZEO to ensure compliance with this approval. 5. That any modifications to the special permit use may require additional review and approvals by the Commission. 3. SP#18-04: Southeast Intersection of New London Turnpike and West Main Street (Application includes properties previously known as 684 West Main Street, 680-682 West Main Street, 506 New London Tpke and Assessor’s Map 116, Block 1, Lots 35A and 35B). Special Permit Request for 5,814 sq. ft. Convenience Store with associated gasoline fueling stations under a canopy, and associated site improvements including 37 parking spaces , landscaping, drainage, utilities, and sidewalks; and Request for certificate of approval for location in accordance with ZR Section 6.3. Application of: Cumberland Farms, LLC. Properties of: Franklin Development Funds II LLC & Upcountry LLC & Agranovitch Real Estate Holding Company, LLC (Paul M. & Linda P. Agranovitch). Assessor’s Map 116, Block 1, Lots, 35, 36, 37, 35A & 35B. Zone GC Les King made a motion to open the public hearing for SP#18-04. Michael Lahan seconded the motion, with all in favor. Attorney Joe Williams, of Shipman and Goodwin, LLP began his power point presentation with the history of Cumberland Farms, which started in 1939 and continued to grow as a provider of milk, and then expanded in 1962 to become New England’s first convenience store. Mr. Williams explained that in 1972, the stores began adding gas pumps, and today they also offer a wide variety of snacks, drinks and freshly made sandwiches. Attorney Williams discussed the operations of the company, stating this is a third-generation family-owned company, with over 700 stores throughout New England, New York and Florida. All stores are company-owned and operated, ensuring uniform standards of customer service, operations, cleanliness and quality, and all New England stores are serviced from their regional support facility in Westborough, Mass. Mr. Williams described the 1 ½ acre site, which consists of 680-682 and 684 West Main St, and 506 New London Tpk in the General Commercial Zone. He then continued with a presentation of site pictures of the area, and what if would look like with a simulation of the future project on the site, which depicts a New England style farmhouse with peaked rooflines, dormered windows, architectural shingles and cultured stone work. There are 6 proposed gas dispensers (12 pumps) and canopy, a 5814 sq ft full convenience store with 37 parking spaces, reducing the current 6 curb cuts to only 2, one on each street. The project is fully zoning compliant, consistent with the POCD and General Commercial district, and the site has been designed to accommodate future DOT road improvements. Attorney Williams stated this would create about 25 full and part-time jobs. Total cost of the project is approximately $4,000,000 and would be open 24 hrs a day, 7 days a week. At this point, he turned it over to Matt Leidner, of Civil Design Group, LLC. Mr. Leidner addressed the Commission, showing the new site plan which depicts everything on the site which would be demolished and that everything would be new, including buildings, paving and all utilities. He reiterated Mr. William’s presentation of the application, describing the building, parking spaces, access etc. Mr. Leidner stated the driveways would be located as far away as possible from the intersection, and a new system for storm water runoff and infiltration system would be part of the plan. He also described the lighting, and landscaping plans. Ms. Rhodes stated the lighting plans were not clear, and she requested clarification on this. Mr. Leidner explained he had some difficulty with the lighting software, and would provide Deanna a clearer version. A discussion ensued about the lighting, infiltration and drainage systems, and how they work. Mr. Leidner stated the comments/concerns he had received from City Engineer Pat McLaughlin had all been addressed and corrected to his recommendations, and asked Ms. Rhodes to present her comments so he could discuss them with the Commission. Deanna Rhodes read her memo to the Commission dated 5/11/2018. A discussion ensued between Ms. Rhodes, the Commission and the applicants about their compliance to her recommendations and suggested conditions. She also read into the record the exhibit list and a letter of support from NCDC, which included their request for a quick-charge station. Mr. Williams stated that was not something they had proposed, but they would be willing to take a look at it. The meeting was then turned over to Maureen Chlebek, of McMahon Associates to present the traffic conditions and impact study. Ms. Chlebek discussed her study, explaining traffic patterns, site distances, and peak traffic conditions. The Chairman then asked if there was anyone that would like to speak in favor of the application. No one else came forward from the public. Frank Manfredi asked if there was anyone there in opposition. Attorney Harry Heller was in attendance, speaking in opposition of the project on behalf of Savin Gasoline Properties. Along with Mr. Heller were Mark Temple, of Lenard Engineering, David Spear of DLS Traffic Engineering, LLC and Mark Reynolds, of Reynolds Engineering Services, LLC. Each presented reports offering their opinions on the information provided by the applicant, disputing the traffic study volumes presented, water run off and filtration system, contamination of the site and various other concerns. Mr. Heller stated he felt the site was not a suitable location as it did not satisfy Section 6.3 of the zoning regulations and Section 14.321 of the Connecticut General Statutes. He noted that the Section for the use that is referred to on the application for General Commercial zone was ZR Section 2.4.2.4.5 and should have been ZR Section 2.4.2.4.9. Attorney Williams asked to address the Commission again. Kathy Warzecha expressed concerns with the impact on Jones Court, due to the location of the dumpster, the landscaping, lighting, and archeology, as well as the contamination on site. Kathy inquired about comments from CT DOT and the Fire Chief. Ms. Rhodes stated there were no comments received to date. Joe Williams stated they were aware of the potential contamination on the site and the contamination will be addressed during development of the project. Les King made a motion to continue the public hearing in order to give the Commission members time to review all information presented by the applicant and the opposition. Michael Lahan seconded the motion, with all members in favor of continuing the public hearing for SP # 18-04 to the June 19th meeting. OTHER: 1. SDP#1039: Property is located on West Main Street approximately 300 feet east of the intersection of New London Turnpike and West Main Street. (Application includes properties previously known 680-682 West Main Street and Assessor’s Map 116, Block 1, Lots 35A and 35B). Site plan review for 22 parking spaces relative to a proposed 4,906 sq. ft. liquor store with associated improvements including landscaping, drainage, and utilities. Application of: Agranovitch Real Estate Holding Company, LLC/ dba Universal Discount Package Stores, Inc. Properties of: Agranovitch Real Estate Holding Company, LLC (Paul M. & Linda P. Agranovitch). Assessor’s Map 116, Block 1, Lots, 35, 35A & 35B. Zone GC  Brian Enright, of Halloran and Sage, represented the applicants Paul M. & Linda P. Agranovitch for SDP #1039. Mr. Enright explained to the Commission that Universal Package Store would be re-locating to the existing parking area next door to where it is presently. He gave a history of the store stating that the store was originally a Universal Food Store in the 1920s and began selling alcohol along with groceries. It then changed over to selling only alcohol. The Agranovitchs bought the store in the 1980’s when there was a Cumberland Farms on the site. It was vacated in 1996. The proposed package store would be 4906 sq. ft., and the architectural style is being coordinated with the design for the proposed Cumberland Farms. Deanna then read her memo dated 5/11/18, and a discussion ensued about the location of the store in reference to Jones Court and a pedestrian easement between the owners and the City of Norwich. Michael Lahan suggested the project be tabled until next month, due to the relationship to the Cumberland Farms Special Permit being continued until next month. Attorney Enright reminded the Commission that the application is separate from Cumberland Farms and stands on its own. A brief discussion ensued to determine whether the Commission desired faux windows or plantings along the backside of the building which faces the Eastern Savings Bank. As landscaping is difficult to maintain in the limited area, it was decided that faux windows were preferable. Michael Lahan then made a motion to table SDP #1039 the June 19th meeting, seconded by Dan Daniska, with all members voting in favor. F. OLD BUSINESS: None G. EXTENSION REQUESTS: Request for 90 Day Extension for SUB# 426 – 66 Lucas Park Road Ms. Rhodes explained to the Commission that the applicant requested additional time to file the mylars because the road right-of-way parcel that is to be transferred to the City was taking more time to process than anticipated. Les King made a motion to approve the extension, seconded by Kathy, with all members in favor of the extension. H. BOND RELEASES: None I. OTHER BUSINESS: POCD PIC Meeting – The discussion for this item was tabled to the July 17th meeting due to the full agenda in June. J. STAFF REPORT: Set a date/time for a Special Meeting to discuss and consider referrals from City Council relative to proposed village district zoning regulations, design guidelines and overlay zone Deanna Rhodes asked the Commission to set a date for a Special Meeting to discuss this referral. A date was set for June 5th, at 6:00 pm at 23 Union St. in the basement conference room. K. ADJOURNMENT: A motion was made to adjourn at 10:15 by Les King, seconded by Michael Lahan. The motion passed unanimously. Respectfully submitted, Debra Delaporta