Commission on the City Plan

MINUTES COMMISSION ON THE CITY PLAN JUNE 19TH, 2018 -7:00 P.M. 100 BROADWAY, NORWICH CONNECTICUT RM #335-THIRD FLOOR REGULAR MEETING A. CALL TO ORDER: Art Sharron, Chairman, called the meeting to order at 7:00 P.M. B. ROLL CALL AND SEATING OF ALTERNATES: Present: Art Sharon, Chairman, Frank Manfredi, Vice Chairman, Les King, Michael Lahan, and alternate Swarnjit Singh Bhatia. A quorum was present, with all members seated. Absent: Kathy Warzecha, Daniel Daniska & Jason Arndt. Others Present: Deanna Rhodes, City Planner, and Debra Delaporta, recording secretary C. APPROVAL OF MINUTES: April 17, 2018, May 15, 2018 & June 5, 2018 Special Meeting Frank Manfredi made a motion to accept the April 17th minutes, seconded by Michael Lahan. Les King abstained from voting, stating he was not in attendance at the April meeting. The minutes were approved unanimously. Michael Lahan made a motion to approve the May 15th minutes, seconded by Les King, with all members in favor. Michael Lahan made a motion to approve the June 5th minutes, seconded by Frank Manfredi, with all members in favor. D. COMMUNICATIONS: Town of Preston Zoning Text Amendment notification Deanna Rhodes informed the Commission that the notification of the proposed text amendment was a statutory requirement due to Norwich bordering Preston. No action was necessary. E. PUBLIC HEARING/NEW BUSINESS: At this point in the meeting, Chairman Art Sharron turned the meeting over to Vice Chairman, Frank Manfredi as the agenda consisted of business items from the previous month where Mr. Manfredi chaired the meeting. 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 to re-open the continued public hearing for SP#18-02. The motion was seconded by Art Sharron. The motion passed unanimously, Deanna Rhodes stated Mr. Pontes had submitted the written waiver of the site plan, as required. Ms. Rhodes also went to the dwelling to measure the unit to confirm the square footage of the apartment which she then determined was in compliance with the regulations for an accessory apartment. She noted that the entry door to the apartment is located in the front of the dwelling which is not recommended in the regulations, but stated that it still looked like a single family home so she felt there was no need to recommend that it be relocated to the side of the house. Ms. Rhodes read six conditions in the record that she wanted the Commission to consider: 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 there will be no parking permitted on the lawn of the dwelling. 5. That a zoning permit be applied for and issued by the ZEO to ensure compliance with this approval and to formalize the legality of the existing use. 6. That any modifications to the special permit use may require additional review and approvals by the Commission.  Mr. Manfredi asked if there was anyone in the public that wanted to speak in favor or against the application. No one from the public spoke. Les King made a motion to close the public hearing. Art Sharron seconded the motion. The motion passed unanimously. Les King made a motion to accept the site plan waiver request as the plan was not necessary for review of the application. The motion was seconded by Art Sharron. The motion passed unanimously. Michael Lahan made a motion to Approve SP#18-02 with the six conditions noted by the planner. He stated the reason that the proposal meets the requirements of 7.7.5 and 7.7.6 of the Zoning Regulations. Swarnjit Singh Bhatia seconded the motion. The motion passed unanimously. 2. SP #18-05: 15 Malavenda Lane. Special Permit request to legalize an existing accessory apartment. Application and Property of Madeline & Giuseppe Conte. Assessor’s Map 100, Block 2, Lot 29. Zone R-20. Art Sharron made a motion to open the public hearing for this application. The motion was seconded by Les King. All members voted in favor. Ms. Rhodes stated that the application had been postponed from the previous month due to an error in the legal notice that was advertised and mailed out by the applicant. Madeline Conte came forward to address the Commission. Ms. Conte explained to the Commission that the apartment was already existing when she and her husband purchased the property in 2005. Deanna stated no site plan was required, as the apartment was above the garage, and that a site plan waiver had been submitted by the Contes. The Zoning Officer, Richard Shuck, went out to the dwelling to measure the apartment to confirm the unit size and determined the apartment was compliance with the regulations. She noted that there is was sufficient parking on site. Ms. Rhodes then read five conditions that she recommended the Commission consider should then vote favorably on the application: 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 and to formalize the legality of the existing use. 5. That any modifications to the special permit use may require additional review and approvals by the Commission. Vice Chairman Frank Manfredi then asked if there was anyone in attendance in favor of the application. Ramona Surprenant, of 89 Newton St. addressed the Commission. She stated that she lives across the street from the applicants and the apartment had been installed two owners ago. Ms. Surprenant said she was in support of the application. Ms. Rhodes remembered two additional items that she wanted to bring to the Commission’s attention. She noted that there had been an additional kitchen in the basement area that the owners had removed to not have a second illegal accessory apartments, but that an existing door from the basement to the living space had to be removed as required by the Zoning Official. Mr. Conte stated that he would agree to do this. Les King made a motion to close the public hearing, seconded by Michael Lahan, with all members in favor. Mr. King made a motion to accept the site plan waiver, seconded by Art Sharron, with all members in favor. Michael Lahan made a motion to Approve SP #18-05 with the five conditions presented by Deanna Rhodes, along with an additional 6th condition that the door be removed between the finished basement and living area prior to issuance of the zoning permit to establish the use. He stated that the proposal satisfied 7.7.5 and 7.7.6 of the Zoning Regulations, Les King seconded the motion, with all members in favor of approval.  At this point, Swarnjit Singh Bhatia recused himself from the remainder of the meeting. He stated the reason being that he is the owner of a gas station. 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 Prior to reconvening the public hearing, Mr. Manfredi asked if anyone had an objection to Chairman Art Sharron being seated as he had read all materials and minutes from the last meeting, and also listened to the recording of the prior meeting. Attorney Joe Williams, representing Cumberland Farms, and Attorney Harry Heller an attorney in the audience both stated that they had no objections. Frank Manfredi stated that this is a continuation of the public hearing and called on Attorney Joe Williams, representing Cumberland Farms, to bring the Commission up to date on the project. Mr. Williams stated his consultants had responses to the comments made by opponents at the prior meeting, and noted that plans had been submitted with minor revisions to address comments/concerns of the City Planner, Deanna Rhodes and other City departments. Attorney Williams then asked the Chair for the opportunity to address the Commission again after any opposing comments were presented to allow them the right to address any new opposing comments. Attorney Heller spoke up from the audience and asked the Commission for a continuation of the public hearing until next month. He stated that due to the late submission of maps by the applicant, he and his consultants did not have sufficient time to review the plans or documents submitted one and two days prior. A discussion then ensued between the Commission, Attorney Williams and Attorney Heller. Mr. Manfredi asked Attorney Williams to present his responses, but would allow the opposition to comment before wrapping up the presentation. Ms. Rhodes reminded the Commission that the public hearing must be closed within 35 days unless the applicant allows for an extension of the time frame. Mr. Manfredi denied the request of Attorney Williams, so the public hearing continued. Attorney Williams stated changes to the plan included a fence installed as a buffer along the property line with the residence located on New London Turnpike and in the vicinity of the dumpster area. He then handed out copies of a trash management plan which addressed concerns about property maintenance regarding trash on site and the emptying of dumpsters. He then gave a summary of the reciprocal access agreement between the package store and Cumberland Farms. In response to Attorney Heller’s comments from the prior meeting about applying under the wrong category in the uses, he stated that there is no difference between the two and that filling stations and fueling stations and that both refer to the requirements of Zoning Regulation Section 6.3. Mr. Williams then asked Matt Leidner, of Civil Design Group, LLC to continue with the presentation. Mr. Leidner addressed the Commission, presenting a series of boards for discussion. Mr. Leidner stated that a manhole which had been discovered on the property by City Engineer Pat McLaughlin and that Mr. McLaughlin was able to determine where it drained into. He stated that using it would allow for a shorter route for storm water overflow. Mr. McLaughlin’s suggestion for a larger infiltration system has been incorporated into the revised plan with updated storm water calculations that were submitted today. Mr. Leidner pointed out other revisions to the plan including a landscaped peninsula recommendation of Deanna Rhodes, bicycle racks for both buildings, a 6 ft. fence along the length of the property line with the neighbor located on New London Turnpike and wrapping partially along the back property line (Jones Court) to buffer the dumpster and loading space. Upon recommendations from Pat McLaughlin, he stated that the sidewalks would now all be new, instead of the original plan to just fill in areas as needed. A fire hydrant has also been added to the design as recommended by the Fire Marshal. Matt Leidner explained that upon discovery of any contamination, it would be reported to the State of Connecticut, and appropriate steps would be taken to address and remove any during the course of construction. Ms. Rhodes asked Mr. Leidner about lighting spillage on the site and stated she would like it to be zero percent. She noted that she did not have time to review the light plan but it seemed there was still some light spillage that should be corrected. Ms. Rhodes questioned the location of the proposed fence being within the drainage easement. Mr. Leidner stated it was acceptable for it to be located there and there was nothing in the easement language precluding it. The meeting was then turned over to Maureen Chlebek, of McMahon Associates relative to traffic. She discussed land use codes, traffic generation, shared trips and pass by traffic in response to concerns that were noted by Attorney Heller and his team in opposition of the application at the previous month’s meeting. After completion of the applicant’s presentation, Attorney Heller addressed the Commission questioning the traffic study and specific trip information for Cumberland Farms, the free and safe movement of vehicles, concerns about delivery trucks entering and exiting the property, and the number of required parking spaces. He stated that the outdoor eating area would classify the building as a restaurant. Ms. Rhodes then clarified the use of the building with Attorney Williams. She noted that since there’s no kitchen or food preparation, it is not by definition a restaurant and therefore in compliance with parking requirements. Also included in Mr. Heller’s topics of concern were the signage relative to changing gas prices, loading area, and garbage trucks. Ms. Rhodes stated the signage had already been approved by ZEO Richard Shuck. Mr. Spear, a professional engineer working on behalf of the opposition, then addressed the Commission. A heated exchange ensued between him and Chairman Art Sharron after a comment was made. Mr. Spear then proceeded to comment on the responses provided by Maureen Chlebek in response to his questions about the traffic study at the previous month’s meeting. Attorney Williams was then recalled to address the Commission. He stated he felt the project was a high quality project and would clean up an eye sore which had existed for many years. It would bring business to the City, and that the only party in opposition was the Mobil station across the street because they did not want the competition. Mr. Williams said he hoped that the project would spur other development in the area, and that he felt Matt Leidner had addressed the City engineer and City Planners’ comments and concerns and they had made the proper adjustments. With no one else in favor or against, Deanna Rhodes addressed the members and stated the landscaping island still needed to be updated on the landscaping sheet of the final map. She asked the Commission about the proposed fencing and reminded them of the request of member Kathy Warzecha that the fencing be extended along the whole length of the property boundary in the rear/Jones Court area. The Commission members discussed and agreed it was not necessary as the properties are zoned commercial and are nonconforming. Ms. Rhodes then read the exhibit list, adding multiple items which had been received after the last meeting. Frank Manfredi asked if that included all of the exhibits, and Ms. Rhodes confirmed it was. She reminded then that the certificate of approval of location is the first action to be taken prior to making a decision on the Special Permit application. She noted that the separation rule of gas stations no longer applies, and the pumps are proposed more than 25 ft. from the property lines. Ms. Rhodes then read the following recommendations for conditions for the Special Permit application should they want to vote favorably on the application: 1. That the site plan for this approval will expire in 5 years unless an extension has been granted by the Commission. 2. That the applicant address item #6 noted in the Planner’s memo dated 05/11/18. 3. That the City’s letter of approval be placed on the final revised plan set. 4. That 6 signed and embossed sealed paper copies and 2 mylars of the final revised set of plans be submitted to the Planning Department for endorsement by an officer of the Commission. The mylars must include the red indelible ink certification which includes the name of producer and process used. 5. That the endorsed mylar set shall be filed on the Land Records by the applicant. 6. That the certification of approval for the 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. 7. That an approval/permit from the State of CT DOT for be submitted to the Zoning Enforcement Officer no later than at the time of submission of the zoning permit application.  8. That after the filing of the mylars, a zoning permit shall be issued prior to any land disturbance activities commencing in the site. 9. That the applicant submit the required erosion and sediment control bond prior to requesting a zoning permit, in the form of a check or letter of credit, and the associated paperwork to the Planning Department for review and approval by the City’s Attorney. 10. That any modifications to the approved plan shall be reviewed by the Zoning Enforcement Officer prior to occurring and may require additional review and approval by the Commission. 11. That a pre-construction meeting be held with the Planning, Public Works Departments and NPU prior to the start of the project. 12. That all E&S controls be installed by the applicant and inspected by the ZEO prior to initiating any land disturbance activities. 13. That all proposed improvements associated with this application are to be completed according to the approved plan prior to the issuance of the required Certificate of Zoning Compliance or a performance bond will be required in accordance with Sections 7.5.7.3 and 8.9 of the Zoning Regulations. 14. That the Commission may require an as-built or certification by a licensed engineer or land surveyor should it be deemed necessary by the City to determine compliance with the approval granted. 15. That the discharge of storm water and dewatering of any wastewater from construction activities is less than 5 acres and falls under CT DEEP general permit. 16. That the landscaping plan show the landscaped island as planted. 17. That the lighting plan be revised to reflect zero light trespass by use of shields on fixtures or other methods. Mr. Manfredi asked for a review of the criteria for granting special permits. Ms. Rhodes proceeded to read the regulations on Decision Considerations of Special Permit in ZR 7.7.5 and Special Permit Criteria in 7.7.6. Les King made a motion to close the public hearing, seconded by Michael Lahan, with all members in favor. Mr. Sharron expressed concerns about delivery trucks parking in front of the store, and asked that a sign be posted in front stating no truck parking and deliveries are to be made around the back of the store. Michael Lahan made a motion to approve the site for the certificate of approval of location, stating it is a suitable location for the use intended, it will not cause safety issues for the public, and the pumps are located more than 25 ft. away from the property lines. Les King seconded the motion, with all members in favor of approval of the certificate of location. Mr. Lahan made a motion to APPROVE application SP#18-04, stating he believes the application was made under the correct section of the regulations, all comments and concerns with parking, traffic and other matters have been addressed, it satisfies all site plan and special permit criteria. Mr. Lahan stated the application is consistent with the Plan of Conservation and Development, the design is in harmony with the commercial area, and the parking and water supply and sewage requirements are sufficient, and will have no adverse effect on property values in the area. Michael Lahan said the application should be approved with the planner’s 17 recommended conditions, and added the 18th condition that a sign be placed on the front of the building to prohibit delivery truck parking in the front of the store. Les King seconded the motion. Special Permit #18-04 was approved unanimously. Ms. Rhodes then asked for a brief recess at 9:50 pm, due to the length of the meeting. The meeting resumed at 9:55. F. OLD BUSINESS: 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 Michael Lahan made a motion to approve SDP #1039, stating the reason that it had been tabled at the last meeting was due to the fact it’s approval was associated with the approval of the Cumberland Farms project. Before there was a second to the motion, Ms. Rhodes stated she had instructions that should be included in the motion.  Attorney Brian Enright, of Halloran and Sage also stated that he would like to have all the documents received on 6/19/18 from the Civil Design Group, LLC, that were presented at the public hearing and discussed relative to the adjacent Cumberland Farms, be accepted and included as part of the record for this application. Ms. Rhodes also noted that the Cumberland Farms Plans shown in the previous public hearing were the same as the Universal Package Store, but that the engineer did not provide the separate set of plans which will be required. Attorney Enright stated that he understood they needed their own set of final plans and mylars. She then recommended the following instructions be made part of the approval: 1. That the plan be revised to show the rear building façade facing the bank includes windows. 2. That the plan be revised to include buffer plantings on the rear/bank side of the building. 3. That the lighting plan be adjusted with fixtures or other means to have zero spillage. 4. That the applicant submit the required erosion and sediment control bond prior to requesting a zoning permit, in the form of a check or letter of credit, and the associated paperwork to the Planning Department for review and approval by the City’s Attorney. 5. That this approval will expire in 5 years unless an extension has been granted by the Commission. 6. That the City’s letter of approval be placed on the final revised plan set. 7. That 6 signed and embossed sealed paper copies and 2 mylars of the final revised set of plans be submitted to the Planning Department for endorsement by an officer of the Commission. The mylars must include the red indelible ink certification which includes the name of producer and process used. 8. That the endorsed mylar set shall be filed on the Land Records by the applicant. 9. That an approval from the State of CT DOT be submitted to the Zoning Enforcement Officer no later than at the time of submission of the zoning permit application. 10. That after the filing of the mylars, a zoning permit shall be issued prior to any land disturbance activities commencing in the site. 11. That the applicant submit the required erosion and sediment control bond prior to requesting a zoning permit, in the form of a check or letter of credit, and the associated paperwork to the Planning Department for review and approval by the City’s Attorney. 12. That any modifications to the approved plan shall be reviewed by the Zoning Enforcement Officer prior to occurring and may require additional review and approval by the Commission. 13. That a pre-construction meeting be held with the Planning, Public Works Departments and NPU prior to the start of the project. 14. That all E&S controls be installed by the applicant and inspected by the ZEO prior to initiating any land disturbance activities. 15. That all proposed improvements associated with this application are to be completed according to the approved plan prior to the issuance of the required Certificate of Zoning Compliance or a performance bond will be required in accordance with Sections 7.5.7.3 and 8.9 of the Zoning Regulations. 16. That the Commission may require an as-built or certification by a licensed engineer or land surveyor should it be deemed necessary by the City to determine compliance with the approval granted. 17. That the discharge of storm water and dewatering of any wastewater from construction activities is less than 5 acres and falls under CT DEEP general permit. Michael Lahan amended his motion to Approve SDP #1039 to include the list of 17 instructions as directed by the City Planner, Deanna Rhodes. The reason stated was that the proposal complies with the Zoning Regulations for Site Plan. Les King seconded the motion. The motion passed unanimously. The meeting was then turned over to Art Sharron, Chairman for the remainder of the meeting. G. EXTENSION REQUESTS: None H. BOND RELEASES: Deanna Rhodes stated she had received two bond release requests for 110 Salem Tpke. for amounts of $3000 and $15,000. ZEO Richard Shuck sent a letter stating he had checked with the City Engineer, Pat McLaughlin and all was in order for the bonds to be released. Michael Lahan made a motion to release the bonds, seconded by Frank Manfredi, with all members in favor. Ms. Rhodes stated she had received a bond release request for 27 Andrea Lane in the amount of $1500 for erosion and sediment control. Michael Lahan made a motion to release the bond, seconded by Frank Manfredi, with all in favor.  Deanna Rhodes stated two bond release requests were received from Simon Konover, the owners of the shopping center located at 624 West Main Street, one old bond and a newer one. After inspection of the property, it was determined the bonds could be released. Michael Lahan made a motion to release the bonds, seconded by Frank Manfredi, with all members in favor. I. OTHER BUSINESS: POCD PIC Meeting-Update Deanna Rhodes reminded Commission members of the upcoming meeting July 11th, 2018 at 6:00 pm. J. STAFF REPORT: Ms. Rhodes stated that she and Regan Miner presented the proposal for Village Districts at the public hearing in at the City Council Meeting. The public hearing was closed but will be up for decision at the July 2nd meeting. Deanna said she also has been working on Complete Streets with Ryan Thompson and Dan Daniska, and they would continue working on this project. K. ADJOURNMENT: A motion was made to adjourn at 10:07 by Frank Manfredi, seconded by Michael Lahan. The motion passed unanimously. Respectfully submitted, Debra Delaporta