Commission on the City Plan

COMMISSION ON THE CITY PLAN Tuesday, September 17, 2024, 7:00 PM Hybrid Meeting / Public Hearing 23 Union Street - Lower Level Conference Room - NORWICH, CT 1. CALL TO ORDER: Chairman Frank Manfredi called the meeting to order at 7:00 PM. 2. ROLL CALL AND SEATING OF ALTERNATES: Present: Frank Manfredi, Chairman, Dean Nason, Ella Myles, James Quarto, Jason Courter (Alternate), and Nicholas Fortson (Alternate) Absent: Kathy Warzecha, Tracy Burto (Alternate) Staff Present: Director of Planning and Neighborhood Services Deanna Rhodes and City Planner Dan Daniska Due to absence of Commission Members, Nick Fortson was seated as a Regular Member. 3. APPROVAL OF MINUTES: James Quarto made a motion to approve the minutes of the August 20, 2024 Regular Meeting. Nick Fortson seconded the motion. The minutes were approved unanimously. 4. COMMUNICATIONS: None. 5. NEW BUSINESS: a. Public Hearing and Potential Action on the Following Special Permit Application: SP#24-07: 174 West Town Street. Request for a Special Permit for proposed site development/land disturbance activities in a FEMA designated special flood hazard area associated with a proposed drive-thru restaurant use. Application of DEKK Group, LLC. Property of 174 West Town Street LLC. Assessors Map 58, Block 2, Lot 26, Zone GC. Chairman Manfredi opened the public hearing and asked if anyone representing the project was present to speak. Brandon Handfield, P.E., from Yantic River Consultants spoke on behalf of the applicant and property owner, DEKK Group LLC. Mr. Handfield presented details on the project, including project drawings, and addressed utilities, parking, traffic flow, trash disposal, lighting, landscaping, and other necessary information to meet zoning requirements. Mr. Handfield read a letter dated September 16, 2024 addressing special project requirements as they related to this project or not. As requested by Chairman Manfredi, Mr. Handfield read a second letter also dated September 16, 2024 that specifically addressed how this project meets the thirteen Special Permit conditions of Section 7.7.6. Following the presentation, Dan Daniska clarified the purpose of this Special Permit Application was only for the land disturbance activities in the Special Flood Hazard area and not for the food service use or drive-through. He stated that previous questions submitted to the Mr. Handfield have been addressed. He then asked the Commission to waive the reading of the Exhibit List as it would be included with the minutes, and conditions and reasons for approval would be included as part of the motion to approve SP #24-07. Hearing no further questions from the Commission, Chairman Manfredi called for comments from the public in favor or apposed to the project. Dale Plummer, 25 Broadway, Norwich spoke in opposition of the project and stated his concern about flooding in the general area of the project as well as his concern regarding the heavy and fast traffic that passes this location. His third concern was regarding the historic nature of the building currently on the site. Joanne Philbrick, 10 Elm Avenue, Norwich. Ms. Philbrick spoke in oppostion, stating that she researched the project and believes the current owner of the property owes taxes to the city. She is concerned about the asbestos shingles on the existing building. Ms. Philbrick feels her historic neighborhood is not being maintained and that Norwich does not need another drive-thru restaurant. She also questioned if the City will bail out the owner of the property if the area floods, similar to what the City did for other businesses that were flooded out due to a dam breach on the Yantic River. Hearing no further comments, Chairman Manfredi gave Mr. Handfield the opportunity to respond to questions by the public. Mr. Handfield stated that they acknowledged the flood hazard in the rear of the property by honoring the FEMA flood plain map and met both Norwich’s and FEMA’s regulations. He also stated that the project location is in an area already highly developed and is a relocation of an existing Dunkin Donuts located in a gas station in close proximity that already has traffic issues. Chairman Manfredi called for a motion to waive the reading of the Exhibits. Nick Fortson, made a motion to waive the reading of the Exhibits. James Quarto seconded the motion. The motion passed unanimously. Chairman Manfredi called for a motion to close the public hearing. Nick Fortson made a motion to close the Public Hearing. James Quarto seconded the motion. The motion passed unanimously. Chairman Manfredi called for a motion to approve SP #24-07. Deane Nason made a motion to approve SP #24-07 with the following conditions: • That the site plan for the Special Permit will expire in 5 years on 09/17/2029, unless an extension has been granted by the Commission. • That final revised plans reflect the comments of the CTDOT letter dated 09/03/2024. • That final revised plans be submitted and reviewed by City Staff. • The site is located within a high sensitivity area for archeological resources. Because the site has been previously disturbed, it is not anticipated that this will be an issue, however, should any item that appears historical in nature be uncovered during the improvement of the site, notification shall be made to the City of Norwich Planning Department for further instruction and evaluation. • The applicant shall submit all applicable FEMA Flood Certificates to demonstrate compliance after construction has been completed and prior to issuance of a Certificate of Zoning Compliance. • That the City’s letter of approval be placed on the final revised plan set (cover page preferred), the required signature block be placed on all plan sheets, and that all plan sheets include the stamped seal and signature of the licensed professional. • 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.  • That the endorsed mylar set shall be filed on the Land Records by the applicant. • That a bond, in the amount of $13,000, which has been deemed satisfactory by the City Engineer, be submitted for Erosion and Sediment Control and Site Restoration. Once approved, it should be submitted in the form of a check or letter of credit with the required paperwork for review and approval by the City’s Attorney prior to the issuance of the Zoning Permit. • That after the filing of the mylars, a zoning permit shall be issued prior to any land disturbance activities associated with this approval. • That any modifications to the approved proposal shall be reviewed by the Zoning Enforcement Officer prior to occurring and may require additional review and approval by the Commission. • 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. • 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. • Per the ZEO, a lighting compliance plan for all installed lighting is not necessary due to the height and location of proposed lighting. Nick Fortson seconded the motion. The motion passed unanimously. Reasons: The proposal conforms to ZR Section 2.4, 3.4, Chapter 5, ZR Section 7.5, and 7.7 of the Zoning Regulations. b. Site Plan Application: SDP #1056/CAM#24-01: 3 Crown Street. Proposed construction of a stone dust walking track, grass play area, and 50’x25’ bituminous concrete play area for use by the Integrated Day Charter School. Application and Property of Integrated Day Charter School. Assessors Map 118, Block 2, Lots 13+14. Kyle Haubert from CLA Engineers presented the scope of the project on behalf of the applicant, Integrated Day Charter School. Mr. Haubert reviewed the aerial and site plans. In response to a question by the Commission regarding the need for approval of the project by the Commission, Mr. Haubert explained the project required a Coastal Area Management (CAM) zone permit and stated the plans had been reviewed and approved by the Connecticut DEEP. Dan Daniska added that because the project area is separate from the existing school, the zoning officer sent the site plan to the Commission for approval. Dan Daniska addressed a few key issues from a memo dated 9/11/24, including future zoning approval requirements, if necessary. Hearing no further questions or comments, Chairman Manfredi called for motions to approve the Applicaton for CAM #24-01/ SDP #1056. Deane Nason made a motion to approve the Application for CAM #24-01 with the following conditions: • That adequate Erosion and Sedimentation Controls are installed and maintained. Nick Fortson seconded the motion. The motion passed unanimously. Reason: The proposal is consistent with all applicable policies and standards of the Connecticut Coastal Management Act. Deane Nason made a motion to approve SDP#1056 with the following conditions: • That final revised plans be submitted and reviewed by City Staff. • That this approval will expire on 09/17/2029 unless an extension has been granted by the Commission. • That all comments from various departments be addressed in the final plan set to be reviewed by staff. • That a fence be installed along the top of the retaining wall by the play area per the City Engineer. • That all future elements of the proposed site plan (pavilion, shed, etc.) will need approval from the Zoning Officer at the time that they are ready to be constructed. • That a note be added to the site development plan requiring an immediate stop of work and notification of the City Planning Department and State Archaeologist should any archeological resources or remains of any kind be uncovered during the development of the project. • 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. • 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. • That the endorsed mylar set shall be filed on the Land Records by the applicant. • That after the filing of the mylars, a zoning permit shall be issued prior to any land disturbance activities commencing in the site. • That the applicant submit the required $6,250 erosion and sediment control bond, if deemed sufficient by the City Engineer 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. • That any modifications to the approved proposal shall be reviewed by the Zoning Enforcement Officer prior to occurring and may require additional review and approval by the Commission. This includes changes to number of units or size of units. • That a pre-construction meeting be held with the Planning, Public Works Departments and NPU prior to the start of the project. • That all E&S controls be installed by the applicant and inspected by the ZEO and Wetland Agent prior to initiating any land disturbance activities. • 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.  • 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. • That the discharge of stormwater and dewatering of any wastewater from construction activities is less than 5 acres and falls under the CT DEEP general permit. James Quarto seconded the motion. The motion passed unanimously. Reason: The proposal conforms to Section 1.5, Chapter 5, and Section 7.5 the Zoning Regulations. 6. OLD BUSINESS: None 7. EXTENSION REQUESTS: None 8. BOND REDUCTION/RELEASE REQUESTS: None 9. OTHER BUSINESS: None 10. STAFF REPORT: Dan Daniska and Deanna Rhodes reported on the following: • Update on Brownfield Grants for Capehart property from the State of CT. • CIF Grants for waterfront and state hospital property. • Status of updating zoning regulations with consultant. • Proposed ribbon cutting for Uncas Leap project scheduled for November 1, 2024. In response to a question by the Commission regarding a public survey on a building located near the waterfront, Deanna explained that NCDC is responsible for the survey with support from Planning. 11. ADJOURNMENT: Deane Nason made a motion to adjourn the meeting. James Quarto seconded the motion. The motion passed unanimously ending the meeting at 8:01 PM. Respectfully submitted, Jeanne Kurasz – CCP Recording Secretary