Commission on the City Plan

COMMISSION ON THE CITY PLAN Tuesday, October 22, 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, and Jason Courter (Alternate) Absent: Kathy Warzecha, Tracy Burto (Alternate) and Nicholas Fortson (Alternate) Staff Present: Director of Planning and Neighborhood Services Deanna Rhodes and City Planner Dan Daniska Due to absence of Commission Members, Jason Courter was seated as a Regular Member. 3. APPROVAL OF MINUTES: James Quarto made a motion to approve the minutes of the September 17, 2024 Regular Meeting. Ella Myles seconded the motion. The minutes were approved unanimously. 4. COMMUNICATIONS: Deanna Rhodes provided details on the following Inter-Municipal Referrals: a. Town of Franklin Public Hearing on 10/15/24 for the renewal/extension of a permit application for Seymour Adelman for continuing gravel excavation on Route 32. b. Town of Montville Public Hearing on 10/22 for a proposed Zoning Regulation Text Amendment to amend Section 4.11.5.2 regarding building facades in the R-20-M zone and Route 32 Overlay Zone. c. Town of Preston Public Hearing on October 22, 2024 for an Amendment to Section 5.2.10 Correcting the Title for Farm Winery to Include Cider Mill and Other Farm Fruit Facilities; and an Amendment to Section 18.18 Farm Winery, Cider Mill, and Other Fruit Farm Facilities to Correct the Title and to Allow 2 Private Events per Acre. 5. NEW BUSINESS: a. Public Hearings and Potential Actions on the Following Special Permit Applications: 1. SP#24-05: 105 Stonington Road - Continuation of Public Hearing. Request for a Special Permit for a proposed three (3) phase development for a cannabis cultivation and manufacturing facility including installation of 2100 sq. ft. of modular construction trailers for temporary use, a proposed 9,600 sq. ft. building and two (2) greenhouses with associated site improvements such as a driveway, fencing, septic system, landscaping, parking area and stormwater management. Property of 105 Stonington Road LLC. Application of Nautilus Botanicals LLC. Assessor’s Map 112 Block 1 Lot 7. Zone GC. Chairman Manfredi stated that the public hearing remained open as it had been continued from the June 2024 meeting. Mr. Manfredi asked if anyone representing the project was present to speak. Jack McCartney, project engineer with CLA Engineers reviewed the points made in the Memorandum regarding odor mitigation and responded to questions from the Commission. Deanna Rhodes reviewed a memo dated 10/18/24 and reminded the Commission that the Public Hearing must be closed at this meeting. She further explained that there are 63 exhibits online for this project for the Commission’s review and asked the Commission to waive the reading of the Exhibits. Connie DeBoever and Luis Vega of Nautilus Botanicals LLC provided information on the fertigation plan, including links to online safety sheets and labels attesting to the safety of the chemicals and pesticides used in the growing process with regard to runoff water and municipal water supply. Other issues discussed included wastewater requirements, concerns about potential well contamination for adjacent properties, and a requirement for a pre-blasting survey, which would be coordinated with the Fire Marshal. Ms. DeBoever explained that the groundwater runoff would flow towards Stonington Road, and Mr. McCartney added that all water runoff would flow into a settling basin. Hearing no further questions from the Commission, Chairman Manfredi called for comments from the public in favor or opposed to the project. Gerald Grabarek, 3rd Selectman for the Town of Preston and nearby property owner, spoke in opposition to the project. Mr. Grabarek expressed his concerns regarding odors from the property, listed his suggested conditions for project approval by the Commission which included well yield testing before blasting, PFAS testing, and mandatory connection the Municipal Wastewater System in lieu of the proposed septic system. He concluded by asking how odor complaints from Preston residents will be addressed. Ms. DeBoever responded to Mr. Grabarek’s comments by explaining that existing facilities within Connecticut have had no formal odor complaints, the facility is too far away to connect to the municipal sewer, and that Uncas Health Department has approved the location of the primary and secondary septic system onsite. With regard to PFAS testing, she stated that they will follow state mandated testing requirements. Mr. Vega added that once the site is constructed, there will be less groundwater runoff than what currently occurs and that they take odor mitigation seriously, noting that odors from nearby dairy farms are very strong. Chairman Manfredi called for a motion to waive the reading of the Exhibits. Jason Courter made a motion to waive the reading of the Exhibits. Ella Myles seconded the motion. The motion passed unanimously. Chairman Manfredi called for a motion to close the public hearing. Jason Courter made a motion to close the Public Hearing. Ella Myles seconded the motion. The motion passed unanimously and the Public Hearing closed at 7:47 PM. Chairman Manfredi called for a motion to approve SP #24-05. Jason Courter made a motion to approve SP #24-05 with the following conditions: • That the site plan for the Special Permit will expire in 5 years unless an extension has been granted by the Commission. • That Item #6 of the planning memo dated 10/18/2024 be included on the revised site plan. • That final revised plans be submitted and reviewed by City Staff. • That prior to any land disturbance activities and/or requesting a zoning permit, the applicant shall submit the required $54,690 erosion and sediment control bond, in the form of a check or  letter of credit with the associated paperwork, to the Planning Department, for review and approval by the City’s Attorney. • 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 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 the driveway easement legal documents and associated map be filed in the City Clerk’s Office land records at the time of the filing of mylars for the special permit. • That after the filing of the mylars and associated Special Permit documentation, 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. Ella Myles seconded the motion. The motion passed unanimously. Reasons: The proposal conforms to ZR Section 2.4, Chapter 5, ZR Section 7.7 of the Zoning Regulations. 2. SP#24-08: 642 & 650 New London Turnpike. Request for a Special Permit for a proposed cannabis cultivation and manufacturing facility. Phase 1 of site work to include: driveway reconfiguration, parking lot, a 55,080 sq. ft. structure, installation of utilities, stormwater management systems, and associated grading. Phase 2 to consist of approximately 42,120 sq. ft. of additional greenhouse space. Property of Louis and Julie Malerba, Application of Turnkey Real Estate, LLC. Assessor’s Map 123 Block 1 Lots 38 & 39. Zone GC. Ella Myles made a motion to open the Public Hearing at 7:50 PM. Deane Nason seconded the motion. The motion passed unanimously. Kyle Haubert from CLA Engineers presented the scope of the project on behalf of the applicant, Turnkey Real Estate and their tenant, Quinnipiac Valley Growth Partners. Mr. Haubert reviewed the aerial and site plans. Michael Pierpont provided an operational overview of the project, including odor mitigation and waste management, and responded to a question from the Commission regarding the number of plants in the growing process, and security measures at the facility. In response to a request from Dan Daniska, Mr. Haubert reviewed the Special Permit criteria and responses. Dan Daniska reviewed his memorandum to the Commission dated 10/9/24. Chairman Manfredi called for a motion to waive the reading of the Exhibits. Ella Myles made a motion to waive the reading of the Exhibits. Jason Courter seconded the motion. The motion passed unanimously. Hearing no further questions from the Commission, Chairman Manfredi called for comments from the public in favor or opposed to the project. James Quarto asked for and received clarification about the acreage being used on the property for the project. A discussion ensued about surrounding land and future development. Hearing no further questions, Chairman Manfredi called for a motion to close the public hearing. Ella Myles made a motion to close the Public Hearing. Deane Nason seconded the motion. The motion passed unanimously and this Public Hearing closed at 8:40 PM. Deane Nason made a motion to approve SP #24-08 with the following conditions: • That the site plan for the Special Permit will expire in 5 years on 10/22/2029, unless an extension has been granted by the Commission. • That all outstanding comments from City Staff be addressed in the final revised plans. • That final revised plans be submitted and reviewed by City Staff. • 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 $140,000, 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. Jason Courter seconded the motion. The motion passed unanimously. Reason: The proposal conforms to ZR Section 2.4, Chapter 5, and ZR Section 7.7 the Zoning Regulations. 3. SP#24-09: 40R Franklin Street a.k.a 30-66 Franklin Street. Request for a Special Permit for a proposed cannabis food and beverage manufacturing business with no associated site improvements. Property of Bulletin Building, LLC. Application of Connecticut Cannabis Courier I, LLC. Assessor’s Map 102 Block 3 Lot 25. Zone CC. Ella Myles made a motion to open this Public Hearing at 8:44 PM. Deane Nason seconded the motion. The motion passed unanimously. Brian Essenter, Chief Operating Officer for CT Cannabis Courier presented project plans to the Commission, and reasons why this project conforms to the requirements of a Special Permit. He noted that there was information required to be submitted with the Special Permit application that the applicant was requesting waivers. These items were not necessary or relevant to the proposal as no changes to the exterior of the building or site were proposed. Chairman Manfredi called for comments from the public in favor or opposed to the project. Hearing none, Chairman Manfredi called for a motion to waive the reading of the Exhibits. Dan Daniska reviewed his memorandum to the Commission dated 10/9/24. Ella Myles made a motion to waive the reading of the Exhibits. Jason Courter seconded the motion. The motion passed unanimously. Chairman Manfredi called for a motion to close the public hearing. Deane Nason made a motion to close the Public Hearing. James Quarto seconded the motion. The motion passed unanimously and this Public Hearing closed at 9:01 PM. Jason Courter motioned to approve the Waiver Requests. Ella Myles seconded the motion. The motion passed unanimously. Deane Nason made a motion to approve SP #24-09 with the following conditions: • 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. • That a zoning permit shall be issued prior to any activities commencing on the site.  • 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. James Quarto seconding the motion. The motion passed unanimously. Reasons: The proposal conforms to ZR Section 2.6, Chapter 5, ZR Section 7.5, and 7.7 of the Zoning Regulations. 6. OLD BUSINESS: None 7. EXTENSION REQUESTS: None 8. BOND REDUCTION/RELEASE REQUESTS: None 9. OTHER BUSINESS: Deanna Rhodes informed the Commission that the 2025 CCP Meeting Calendar has been submitted to the City Clerk’s Office. Several dates were adjusted for when meetings fell the day after a holiday when the City Hall is closed. 10. STAFF REPORT: Dan Daniska and Deanna Rhodes reported on the following: • Update on $11.8 Million in Brownfield Grants for Capehart property from the State of CT. • The City will be submitting for a CIF Grant to conduct a State Hospital Planning Study. • Zoning Regulation updates are approximately 25% complete. • Reid & Hughes, Ponemah Mill and Hale Mill projects are ongoing. • There is currently a two-week waiting period for building permit inspections due to amount of proejcts across the city. • Marina projects: Remediation study for Marina Towers and improvements to Howard Brown Park and Heritage Trail. 11. ADJOURNMENT: Ella Myles made a motion to adjourn the meeting. James Quarto seconded the motion. The motion passed unanimously ending the meeting at 9:16 PM. Respectfully submitted, Jeanne Kurasz – CCP Recording Secretary