Commission on the City Plan

MINUTES COMMISSION ON THE CITY PLAN AUGUST 21ST, 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, Michael Lahan. Kathy Warzecha arrived at 7:08. A quorum was present, with all members seated. Absent: Les King, alternates Swarnjit Singh Bhatia, Daniel Daniska & Jason Arndt. Others Present: Deanna Rhodes, City Planner, and Debra Delaporta, recording secretary C. APPROVAL OF MINUTES: June 19th, 2018 Regular Meeting and July 13th, 2018 Special Meeting Michael Lahan made a motion to accept the minutes for both meetings, seconded by Frank Manfredi, with all members in favor. D. COMMUNICATIONS: Water Diversion Application – Copy of Request for Authorization under the General Permit Submission –Milone & MacBroom, Town of Montville proposed changes to zoning regulations and zoning map Deanna Rhodes explained the Water Diversion Application was on behalf of Norwich Public Utilities submitted to the Commission for their review. No action was necessary. Ms. Rhodes stated she had received proposed zoning regulations from the town of Montville, but did not have time to review them. The town is holding a public hearing on September 11th, 2018 and CCP members are welcome to attend. E. PUBLIC HEARING/NEW BUSINESS: 1. SP #18-06: 97 Weber Farm Road (aka Chasey Lane). Proposal for a Conservation Residential Development consisting of 6 new detached single family dwellings and associated improvements within a common interest community, the extension and re-design of a private road, and approximately 272,000 sq. ft. (6.2+/- acres) of open space. Application of William Lampe/Chasey Lane LLC. Property of Stony Woods at Weber Farm. Assessor’s Map 99, Block 2, Lot 2, Zone R-40. (Scheduled for July 17, 2018 – meeting was cancelled) Ms. Rhodes introduced Pete Parent, representing the applicant William Lampe of Chasey Lane LLC. Mr. Parent stated the applicant is the new owner of the property, and is seeking to finish the project which includes 6 new units, 6 acres of open space and a roadway with a new drainage system. He explained that the site has access to public water and gas, and each unit would have their own separate septic system. Mr. Parent proceeded to read and address Ms. Rhodes comments on her memorandum, explaining a trail would be constructed to join the existing trail leading to the open space and several ledge outcrops and boulders on the site would be preserved as recommended by Ms. Rhodes. Mr. Parent showed a sample of house plans, which were single family, one story buildings, with 2 bedrooms and 2 car garages. He stated that there was a possibility of a two story building style as another option. The revised plan also depicted trees along the street and between the houses. Peter explained to the Commission that the project would be completed in two phases beginning with phase one which includes the roadway and underground drainage and utility systems. Work would be done between the hours of 7:00 am and 5:00 pm. Phase two would be the construction of the dwellings. Mr. Parent read the 13 criteria for consideration of a Special Permit and explained how the proposal met all of the criteria. Chairman Art Sharron asked if there was anyone there to speak in favor of the project. No one spoke. He then asked if there was anyone there to speak in opposition. Resident Joanne Philbrick addressed the Commission. She stated that it was very difficult to hear the presentation. Ms. Philbrick also stated she did not feel there was a need for more housing in the City, which would add school children to the school system. Mr. Parent explained the project is age restricted to 55 and older so there would probably not be many school children living there. He explained that the original project had been age restricted as well. Ms. Rhodes then asked Mr. Parent to clarify whether the age restriction had been stated anywhere in the application or within the project narrative. He stated that it had not been noted. Also speaking from the public was Mitchell Friedman, who owns property located in front of the proposed project. He noted his concerns about drainage and runoff. Mr. Parent stated that the drainage system was designed to handle the runoff and that there could be no more off-site drainage than that of present. Art Sharron asked if there was anyone else there to speak in opposition. No one else from the public spoke. Kathy Warzecha asked Mr. Parent to explain the drainage system once more. He explained that maintenance would be handled by the contractors during the construction phase, and then upon completion it would be the responsibility of the condo association. A discussion ensued between Commission Members and Mr. Parent about tree plantings, road maintenance and location of the project. Mr. Parent concluded his presentation, so Ms. Rhodes read the exhibit list into the record, along with recommended conditions as follows: 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, as stated on the record by the Commission, outstanding items noted in the Planner’s Memo #2 dated 08/15/18. 3. The required CCP endorsement signature block must be added on all sheets of the final plan set by the applicant’s engineer. All sheets must also include the seal and signature of the professional engineer. 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 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. 6. The applicant should submit to the Planner’s Officer the draft legal documents for the Conservation Easement, including the Schedule A, for review and approval by the City Attorney within 30 days. The approved legal documents are to be filed on the land records by the applicant prior to the filing of the mylars. 7. That after the filing of the mylars, a zoning permit shall be issued prior to any land disturbance activities commencing in the site. 8. That an E&S Bond of $20,570, in the form of a check or letter of credit, and the associated bond paperwork be submitted to the Planning Office for approval by the City Attorney prior to the filing of the mylars. 9. That any modifications to the approved plan or special permit use shall be reviewed by the Zoning Enforcement Officer prior to occurring and may require additional review and approval by the Commission per ZR Sections 7.7.9.6 and 7.7.9.7. 10. That a pre-construction meeting be held with the ZEO, Inland Wetlands Enforcement Officer, NPU and Public Works Departments prior to the start of the project. 11. That all E&S controls be installed by the applicant and inspected by the City staff prior to initiating any land disturbance activities. 12. 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. 13. 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 any of the improvements associated with the approval granted. 14. 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 #DEP-PERD-GP-015. Frank Manfredi made a motion to close the public hearing, seconded by Michael Lahan, with all members in favor. Mr. Manfredi made a motion to APPROVE SP #18-06 with the conditions set forth by Ms. Rhodes, seconded by Michael Lahan. All members were in favor of approval. 2. SP #18-07: 61, 63 & 65 Town Street. Special Permit request for a drive-through window as an accessory use to a proposed restaurant. Application of Amaral Revite Corporation. Property of Allstate BK Real Estate Holdings, LTD. Assessor’s Map 67, Block 3, Lots 56, 57 & 58, Zone NC. Art Sharron began by reminding the public that the hearing was specifically related to the Special Permit request for a drive-thru only as the restaurant itself only requires administrative zoning permit approval to be built on the property as it is a permitted use in a commercial zone. Mr. Sharron asked for a motion to open the public hearing. Frank Manfredi made the motion, seconded by Michael Lahan, with all members in favor. Attorney Bill Sweeney, representing Amaral Revite Corp, began the presentation. Mr. Sweeney introduced Jeff Benevides for Amaral Revite Corp, and Civil Engineer David Ziaks. He reminded the people in attendance that the restaurant and parking lot would be located in a commercial zone, which is permitted by a zoning permit, and the application was strictly for the drive-thru as an accessary to the restaurant. Mr. Sweeney stated that while the plan had been submitted prior to the new historic overlay district, the building was designed with the guidelines in mind. He passed out handouts to the Commission and the public, and discussed the history of the property, explained the pictures in the handouts and the process of how the site would be prepared for the restaurant to be built. Mr. Sweeney stated mature trees along the rear property line would be preserved as a buffer between the Norwichtown Burial Ground and the restaurant. He noted that the applicant was requesting a reduction of the buffer setback from 50 feet to 20 feet at the narrowest point. The buffer would range between 20 and 40 feet. He stated that the closest residential neighbor is 175 feet from the corner of the property and that three existing driveways would be reduced to two. At this point, Mr. Sweeney turned the meeting over to Dave Ziacks, of F.A. Hesketh & Associates, Inc. Mr. Ziacks showed the Commission the site plans of the project, including the design of the building. He stated that comments from all departments had been addressed in the plans. The site plan depicted 20 parking spaces, including 2 handicapped ones. He added that in exchange for the easement to do work on the adjacent UCFS site, they would be constructing 16 spaces along the shared property line to help alleviate their existing parking issue. A discussion ensued between Mr. Ziacks and the Commission where he explained the site work with a retaining wall, proposed plantings and landscaping, hours of operation, lighting and the traffic study. Mr. Ziacks stated there would be one entrance/ exit on the left side of the property, and an exit only on the right, with a stone wall and sidewalk in front. With no other questions from the Commission, Bill Sweeney resumed the discussion generally outlining the Special Permit criteria, and how the plan submitted complied with it. Art Sharron asked if there was anyone there to speak in favor of the Special Permit application. No one spoke in favor, but several members of the public stated they had questions. The Chairman permitted questions and Camilla Farlow, Dr. Jan Akus, Jonathan Webster, Joanne Philbrick and Steve Siderwicz all spoke. They inquired about landscaping, the height of the building in comparison to the burial grounds, the parking, existing trees and the possibility of human remains buried on the site. Mr. Sharron asked if there was anyone there to speak in opposition. John Fournier, Bill Champagne, Dr. Akus, Paula Bell, James Healy, Jonathan Webster, Greg Johnson, Regan Miner, Dayne Rugh, Emily Vinkels, and Scott Learned all spoke. Their concerns included pedestrian safety, increased traffic, the sensitive area of historical value in Norwich, odors emitted from the restaurant, trash, noise and light pollution and the need to have a drive-thru open 24 hours. After the conclusion of those speaking in opposition, Mr. Sweeney addressed the Commission. He stated that there would be a sidewalk across the property where there is currently not one, the location is in a commercial zone and not in a historic district, the project meets zoning requirements, and that there was no evidence of burials outside of the burial ground. He also explained the regulations do not require an archeological study, there are no abutting residences and the project provides for more buffer area than any of the other properties bordering the burial grounds. He stated that they would have a Phase Ib archaeological reconnaissance survey completed as recommended by the State archeologist if made a condition of approval. Kathy Warzecha stated that she would like to do a site walk to inspect the property and see the area where the buffer would be. Michael Lahan and Art Sharron both stated they did not feel the need to hold a formal Commission site walk since what is there now will not be how the site will look after excavation and construction. A discussion then ensued.  Michael Lahan then commented that the regulations to allow the drive-thru were made by the City Council, who is the Zoning Authority in Norwich, not the Commission. Bill Sweeney stated he had no objection to the site walk, but reminded everyone each person must do the site walk alone and that there could be no discussion with neighbors, or each other about it. They could discuss their questions after a site walk with the Planner. Ms. Rhodes then read a letter from the State Archaeologist, which expressed some concerns about the burial grounds and protocols to be followed if remains were discovered. Mr. Lahan made a motion to continue the Public Hearing until the September meeting. The motion was seconded by Kathy Warzecha. The decision of the Commission to continue the Public Hearing was unanimous. Other: A short recess was then taken. At 10:10, the meeting was called back to order by Art Sharron. 3. SDP #1040: 3 North Second Avenue. Site Plan Review for proposed mixed-use building with twelve (12) apartments on 2nd and 3rd floor and associated parking and site improvements. Application of Taftville Landing LLC & OneKey LLC. Property of Ponemah Riverbank, LLC. Assessor’s Map 104, Block 39, Lot 1, Zone GC. Deanna Rhodes introduced the applicant’s representative, Phil Biondo. Mr. Biondo explained that the project will be a historic restoration of the existing building and it will be designed to look the same as the Ponemah Mills project across the street. He stated there was a tenant looking to go into the first level of the building. It is an independent pharmacy and that the existing dance studio is also looking to stay there at least for now. At this point, Engineer Tom Cummings, of CLA Engineers spoke up and presented the plan to the Commission. Mr. Cummings explained parking behind the building was originally part of the Ponemah Mills project, but was no longer needed for that purpose. He explained that the project would include 71 parking spaces, including 3 handicapped spots. The retail units are located on the ground level on the parking lot side and the first floor, and 6 living units each on the above two floors. He stated that the slope of the parking area would be raised. He discussed the plantings, paved areas, lighting and a drainage system. He reiterated that it is the intention of the developer to keep the design, lighting and landscaping the same as Ponemah Mills. Ms. Rhodes asked for the bicycle racks to be moved closer to the retail areas and doors and to add a few more bollards in the parking lot area, which Mr. Cummings agreed to do. She then read a list of recommended instructions that the Commission should consider should they want to favorably approve the proposal: 1. That the site plan for will expire in 5 years unless an extension has been granted by the Commission. 2. That the properties known as 5 Providence Street & 3 North Second be legally merged prior to filing of the mylars. 3. That the 8 items in the ZEO’s memo dated 08/15/2018, be addressed on a revised plan. 4. That a note be added to the site development plan requiring an immediate stop of work and notification to the City Planning Department and State Archaeologist should any archeological or cultural resources of any kind be uncovered during the development of the project. 5. That the City’s required signature block and letter of approval be placed on the final revised plan set, and that all plan sheets include the stamped seal and signature of the licensed professional. 6. 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. 7. That after the filing of the mylars, a zoning permit shall be issued prior to any land disturbance activities commencing in the site.  8. That the applicant submit the required $5,000 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. 9. 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. 10. That all E&S controls be installed by the applicant and inspected by the ZEO prior to initiating any land disturbance activities. 11. 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. 12. 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 any aspect of the approval granted. 13. That the discharge of storm water and dewatering of any wastewater from construction activities is less than 5 acres and falls under the CT DEEP general permit. 14. That one of the bicycle racks be moved to the rear (Norwich Avenue) side of the building to be more visible, as discussed. 15. That the applicant’s engineer propose additional bollards on the rear (Norwich Avenue) side of the building for review and approval by the City Engineer and Zoning Enforcement Officer. Michael Lahan made a motion to approve SDP #1040 with a condition that an erosion and sediment control bond be posted in the amount of $5000 and that the approval incorporates the instructions stated by the Planner. The motion was seconded by Frank Manfredi. The motion passed unanimously. F. OLD BUSINESS: None G. EXTENSION REQUESTS: None H. BOND RELEASES: None I. OTHER BUSINESS: POCD PIC Meeting-Update Deanna Rhodes reminded Commission members of the upcoming POCD meeting September 12th, 2018. J. STAFF REPORT: None K. ADJOURNMENT: A motion was made to adjourn at 10:26 by Frank Manfredi, seconded by Michael Lahan. The motion passed unanimously. Respectfully submitted, Debra Delaporta