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Zoning Subcommittee and Committee on Planning, Zoning and Housing

Tuesday, May 08, 20187:00 PM

Council Chambers, City Hall, 2nd Floor, 27 West Main Street, New Britain, Connecticut

ZONING SUBCOMMITTEE NOTICE - The Common Council Zoning Subcommittee will hold aregular meeting and public hearing on Tuesday, May 8, 2018, at 7:00 pm, in Council Chambers,City Hall, 2nd Floor, 27 West Main Street, New Britain, Connecticut.

CALL TO ORDER

ROLL CALL

READING OF LEGAL NOTICE

Zoning Legal Notice Published in the New Britain Herald on Friday, April 27, 2018, and Saturday,May 5, 2018.Zoning Legal Notice

PUBLIC HEARING

1. ITEM NO. 34250 RE: PROPOSED AMENDMENT TO THE MASTER PLAN FORPROPERTY KNOWN AS 321 ELLIS STREET TO ALLOW FOR STORAGE OF UP TO 100BUSES, LIGHT MAINTENANCE OF FLEET AND BUS DISPATCH OFFICE FOR A FIVEYEAR PERIOD.

AGENDA

1. ITEM NO. 34250 RE: PROPOSED AMENDMENT TO THE MASTER PLAN FORPROPERTY KNOWN AS 321 ELLIS STREET TO ALLOW FOR STORAGE OF UP TO 100BUSES, LIGHT MAINTENANCE OF FLEET AND BUS DISPATCH OFFICE FOR A FIVEYEAR PERIOD. Petition

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/176927/20180508_Zoning_Legal_Notice.pdfhttps://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/176871/34250_Original_Petition.pdf

COMMITTEE ON PLANNING, ZONING AND HOUSING NOTICE - The Committee on Planning,Zoning and Housing will hold a regular meeting and public hearing on Tuesday, May 8, 2018, at7:00 pm, following the regular meeting of the Common Council Zoning Subcommittee, in CouncilChambers, City Hall, 2nd Floor, 27 West Main Street, New Britain, Connecticut.

CALL TO ORDER

ROLL CALL

READING OF LEGAL NOTICE

Committee on Planning, Zoning and Housing Legal Notice Published in the New Britain Herald onSaturday, May 5, 2018.20180508 PZ&H Legal Notice.docx

PUBLIC HEARING

1. ITEM NO. 33578-3 RE: AMENDMENT TO PURCHASE AND SALE AGREEMENT WITHCHRYSALIS CENTER REAL ESTATE CORPORATION FOR PROPERTY KNOWN AS 74KELSEY STREET, FOR A REDUCTION IN SALE PRICE FROM $80,000 TO $20,000.

2. ITEM NO. 34246 RE: PROPOSED AMENDMENT TO ARTICLE X AND XI OF CHAPTER19 OF THE CODE OF ORDINANCES TO TRANSER FINAL APPROVAL OF ALLAPPLICATIONS FROM THE HISTORIC PRESERVATION COMMISSION TO THECOMMON COUNCIL.

AGENDA

1. ITEM NO. 34249 RE: LEASE AGREEMENT WITH TOWN OF WEST HARTFORD FORCELLULAR RADIO SYSTEM AT THE STANLEY GOLF COURSE COMMUNICATIONSCOMPOUND. Resolution

2. ITEM NO. 34274 RE: CONVEYANCE OF PROPERTY KNOWN AS 92 TREMONTSTREET TO FRANK E. SAPKO FOR $1,000.Resolution

3. ITEM NO. 34275 RE: CONVEYANCE OF PROPERTY KNOWN AS 193 GLEN STREETTO MOHAMMED KHAN FOR $14,600. Resolution

4. ITEM NO. 34276 RE: CONVEYANCE OF PROPERTY KNOWN AS 481 EAST STREETTO FLIP IT LLC FOR $45,000.Resolution

5. ITEM NO. 34277 RE: CONVEYANCE OF PROPERTY KNOWN AS 574 ARCH STREETTO KRUM CHUCHEY FOR $37,500.

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Resolution

6. ITEM NO. 33578-3 RE: AMENDMENT TO PURCHASE AND SALE AGREEMENT WITHCHRYSALIS CENTER REAL ESTATE CORPORATION FOR PROPERTY KNOWN AS 74KELSEY STREET, FOR A REDUCTION IN SALE PRICE FROM $80,000 TO $20,000.Resolution

7. ITEM NO. 34246 RE: PROPOSED AMENDMENT TO ARTICLE X AND XI OF CHAPTER19 OF THE CODE OF ORDINANCES TO TRANSER FINAL APPROVAL OF ALLAPPLICATIONS FROM THE HISTORIC PRESERVATION COMMISSION TO THECOMMON COUNCIL.Resolution

8. ITEM NO. 34258 RE: MAYOR'S PROPOSED GENERAL FUND BUDGET FOR FISCALYEAR 2018-2019.Resolution

9. ITEM NO. 34259 RE: MAYOR'S PROPOSED SPECIAL REVENUE FUNDS ANDENTERPRISE FUND BUDGET FOR FISCAL YEAR 2018-2019.Resolution

10. ITEM NO. 34260 RE: MAYOR'S PROPOSED BUDGET APPROPRIATION FOR CAPITALIMPROVEMENT PROGRAM FISCAL YEAR 2018-2019 (LoCIP).Resolution

ADJOURNMENT

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C I T Y O F N E W B R I T A I N

EST. 1871

27 West Main Street ▪ New Britain, CT 06051 ▪ Phone (860) 826-3392 ▪ Fax (860) 826-3398

Common Council www.newbritainct.gov

VIA EMAIL

The HeraldClassified Advertising/Legal NoticeNew Britain, Conn. 06051

Please publish the following Legal Notice on Friday, April 27, 2018, and Saturday, May 5, 2018

LEGAL NOTICECITY OF NEW BRITAIN

The New Britain Common Council Zoning Subcommittee will hold a public hearing on Tuesday, May 8, 2018, at 7:00 pm in Council Chambers, City Hall, 2nd Floor, 27 West Main Street, New Britain, Connecticut for the following:

Item No. 34250 – Proposed amendment to the Master Plan for property known as 321 Ellis Street to allow for storage of up to 100 buses, light maintenance of fleet and bus dispatch office for a five year period.

At this hearing interested persons may be heard and written communications may be received. Copies of said items are available for public inspection during normal business hours in the Office of the Town and City Clerk.

Veronica DeLandroClerk of Committees

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C I T Y O F N E W B R I T A I N

EST. 1871

27 West Main Street ▪ New Britain, CT 06051 ▪ Phone (860) 826-3392 ▪ Fax (860) 826-3398

Common Council www.newbritainct.gov

VIA EMAIL

The HeraldClassified Advertising/Legal NoticeNew Britain, Conn. 06051

Please publish the following Legal Notice on Saturday, May 5, 2018

LEGAL NOTICECITY OF NEW BRITAIN

The New Britain Common Council Committee on Planning, Zoning and Housing will hold a public hearing on Tuesday, May 8, 2018, at 7:00 pm in Council Chambers, City Hall, 2nd Floor, 27 West Main Street, New Britain, Connecticut, following the regular meeting of the Common Council Zoning Subcommittee, for the following:

Item No. 33578-3 – Proposed amendment to purchase and sale agreement with Chrysalis Center Real Estate Corporation for property known as 74 Kelsey Street, for a reduction in sale price from $80,000 to $20,000.

Item No. 34246 – Proposed amendment to Article X and XI of Chapter 19 of the Code of Ordinances to transfer final approval of all applications from the Historic Preservation Commission to the Common Council.

At this hearing interested persons may be heard and written communications may be received. Copies of said items are available for public inspection during normal business hours in the Office of the Town and City Clerk.

Veronica DeLandroClerk of Committees

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RESOLUTION

Item # RE: LEASE AGREEMENT WITH THE TOWN OF WEST HARTFORD FOR CELLULAR RADIO SYSTEM AT THE STANLEY GOLF COURSE COMMUNICATIONS COMPOUND

To Her Honor, the Mayor, and the Common Council of the City of New Britain:the undersigned beg leave to recommend the adoption of the following:

WHEREAS, the City of New Britain has developed a radio tower site adjacent to the Stanley Golf Course maintenance facility as part of the City’s communications improvement project; and

WHEREAS, the Stanley Golf Course communications compound was developed with the capacity to host cellular carriers; and

WHEREAS, on February 8, 2017, the Common Council approved Resolution No. 33734-2 to enter into a Lease Agreement with Cellco Partnership d/b/a Verizon Wireless for cellular radio and sheltering facilities at the Stanley Golf Course Communications Compound; and

WHEREAS, the Town of West Hartford has submitted a lease proposal to the City seeking to install on the City owned monopole and equipment shelter within the fenced communications compound an antenna array and ancillary equipment in connection with West Hartford’s public safety radio communications system; and

WHEREAS, the lease proposal will provide $12,000.00 in rent to the City on annual basis; and

WHEREAS, the Public Safety Telecommunications Department and the Office of Corporation Counsel have negotiated a fifteen year lease term starting on May 1, 2018 with annual escalation increases of 2% on the amount of the rental for the previous year and with a fifteen year option subject to mutual agreement of the terms including the annual rental fees; and

WHEREAS, the revenues from this lease will contribute to the cost and expenses, including bonding, associated with the development of the municipal radio site facilities at Elam Street, Stanley Golf Course, and Police Headquarters.

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NOW, THEREFORE BE IT RESOLVED that the City of New Britain Common Council does hereby authorize Mayor Erin E. Stewart to sign all necessary agreements and related documents on behalf of the City of New Britain for a fifteen year lease term with the Town of West Hartford starting on May 1, 2018; and

BE IT FURTHER RESOLVED that no funds from the Special Revenue Account, previously created for the purposes of accounting for cellular site lease revenues on municipal property, may be allocated to any expenses other than the routine maintenance and operation of the facilities and then only via an approved budget authorization presented by the Mayor and approved by the City Council.

________________________________Alderman Jamie Giantonio

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RESOLUTIONItem # RE: Sale of City Owned Property


WHEREAS, the City of New Britain is committed to the revitalization of its neighborhoods and;

WHEREAS, the City of New Britain is currently selling and marketing city-owned property for sale that has been vacant, underutilized and maintained by the Office of Property Management for numerous years and wishes to have the properties sold for the purpose of generating revenue to the grand list and alleviate time consumption of maintenance and;

WHEREAS, Frank E. Sapko of 784 Stanley Street in New Britain, CT has offered to purchase 92 Tremont Street in New Britain, CT for the appraised price of one thousand dollars ($1,000.00) and;

WHEREAS, the lot size of the property being offered is .08 ac and zoned T, (two or single family dwellings, 6,000 sq. ft. lots) and that Mr. Sapko is the owner of property adjacent to 92 Tremont Street, New Britain, CT;

WHEREAS, private ownership and development would add value and increase to the grand list, now therefore be it;

RESOLVED, that Mayor Erin E. Stewart be and is hereby authorized to execute on behalf of the City of New Britain a purchase and sale agreement with Frank E. Sapko for the property known as 92 Tremont Street, New Britain, CT and to execute any and all documents necessary for the conveyance of said property in accordance with the terms of said agreement at the sales price of not less than one thousand dollars ($1,000.00);

Alderman Robert Smedley

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WHEREAS, Mohammed Khan of 200 Curtis Road, Woodmere, NY has offered to purchase 193 Glen Street in New Britain, CT, for the price of Fourteen Thousand Six Hundred Dollars ($14,600.00) and;

WHEREAS, the size of the lot is .17 ac and zoned A3, residential district, multi- family houses, high density and;


RESOLVED, that Mayor Erin E. Stewart be and is hereby authorized to execute on behalf of the City of New Britain a purchase and sale agreement with Mohammed Khan for the property known as 193 Glen Street, New Britain, CT and to execute any and all documents necessary for the conveyance of said property in accordance with the terms of said agreement at the sales price of not less than Fourteen Thousand Six Hundred Dollars ($14,600.00);


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WHEREAS, Flip It LLC, P.O. Box 311181, Newington, CT has offered to purchase 481 East Street in New Britain, CT, for the price of Forty Five Thousand Dollars ($45,000.00);

WHEREAS, the size of the lot is .40 ac and zoned T, residential, two or single family dwellings (6,000 sq. ft. lots.);


RESOLVED, that Mayor Erin E. Stewart be and is hereby authorized to execute on behalf of the City of New Britain a purchase and sale agreement with Flip It LLC for the property known as 481 East Street, New Britain, CT and to execute any and all documents necessary for the conveyance of said property in accordance with the terms of said agreement at the sales price of not less than Forty Five Thousand Dollars ($45,000.00);


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WHEREAS, Krum Chuchev of 55 Colonial Drive, Waterford, CT has offered to purchase 574 Arch Street in New Britain, CT for the appraised price of thirty seven thousand, five hundred dollars ($37,500.00) and;

WHEREAS, the lot size of the property is .29 ac and zoned B-3 secondary business and;


RESOLVED, that Mayor Erin E. Stewart be and is hereby authorized to execute on behalf of the City of New Britain a purchase and sale agreement with Krum Chuchev for the property known as 574 Arch Street, New Britain, CT and to execute any and all documents necessary for the conveyance of said property in accordance with the terms of said agreement at the sales price of not less than thirty seven thousand, five hundred dollars ($37,500.00);


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RESOLUTION

Item # RE: Amendment to Resolution No. 33578-2


WHEREAS, on September 8, 2010, the Common Council approved Resolution No. 31138 for the purchase of 74 Kelsey Street by the City of New Britain for $1.00; and

WHEREAS, the City of New Britain has been marketing this property since 2010; and

WHEREAS, on September 14, 2016, the Common Council pursuant to Resolution No. 33578-2 approved the sale of 74 Kelsey Street to Chrysalis Center Real Estate Corporation (CCREC) in the amount $80,000.00; and

WHEREAS, there was a provision in Resolution No. 33578-2 that the sale was contingent on CCREC obtaining a certain amount of grant funding for the project; and

WHEREAS, CCREC was denied the initial grant application which funds were needed in order to proceed with the purchase of 74 Kelsey Street for $80,000.00; and

WHEREAS, CCREC has offered to purchase 74 Kelsey Street for the amount of $20,000.00, subject to the Common Council’s approval of this amendment to Resolution No. 33578-2, provided that a tax modification agreement can be reached by the parties; and

WHEREAS, CCREC plans to construct thirty-seven (37) residential units consisting of nine – 1 bedroom units; eighteen – 2 bedroom units; seven – 3 bedroom units and three efficiency apartments; now therefore be it

RESOLVED, that Erin E. Stewart, Mayor is hereby authorized to negotiate and execute on behalf of the City of New Britain, a Purchase and Sale Agreement with Chrysalis Center Real Estate Corporation for property known as 74 Kelsey Street, and to execute any and all documents necessary for the conveyance of said property in accordance with the terms of said agreement at a sale price of Twenty Thousand Dollars ($20,000.00), and to execute any and all documents necessary for a Tax Modification Agreement.

_____________________________________Alderman Jamie Giantonio

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RESOLUTION

Item # RE: HISTORIC BUILDINGS


Resolution Summary: INTENT AND PURPOSE: To amend Articles X and XI of Chapter 19 of the Code of Ordinances to transfer final approval of all applications from the Historic Preservation Commission to the Common Council.

BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NEW BRITAIN, that Articles X and XI of Chapter 19 of the Code of Ordinances be amended as follows:

ARTICLE X. CITY OF NEW BRITAIN HISTORIC PRESERVATION COMMISSION Sec. 19-140. Findings.

The Common Council of the City of New Britain ("council") finds that there exists within the City of New Britain ("city"), many structures, parks, neighborhoods and other areas that have had historic, architectural and economic significance during New Britain's past and which can continue to contribute toward a healthy and thriving future for the city. The council finds that the city's ability to protect, preserve and effectively utilize its architectural and historical heritage and character for aesthetic and economic recovery will be enhanced by an historic preservation ordinance that establishes a mechanism to identify, preserve and enhance distinctive areas, sites, structures and objects that have historic, cultural, architectural, artistic, archeological and environmental significance. The council finds that the city derives much of its charm and unique appearance from its architecture and from its history, especially as the "Hardware Capitol of the World" and a manufacturing center of nationwide importance. The council further finds that historic and architectural preservation is a means of promoting the general welfare and economic development of the city and its residents. In furtherance thereof and pursuant to its authority under the Charter of the City of New Britain and under the Home Rule Act, section 7-147 of the General Statutes, the council has enacted this article. (Res. No. 31540-2, 9-14-11)

Sec. 19-141. Purpose and intent.

The purpose of this article is to promote the educational, cultural, economic, environmental, and general welfare of the city by:

(1) Strengthening the city's economy by stabilizing and improving property values and economic activity through the adaptive reuse of historic structures;

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(2) Creating a mechanism to identify, preserve and enhance distinctive areas, sites, structures, features and objects that have historic, cultural, architectural and archeological significance;

(3) Fostering appropriate use and wider public knowledge and appreciation of such areas, sites, structures, features and objects;

(4) Protecting and enhancing the attractiveness of the city to homebuyers, homeowners, residents, tourists, visitors, businesses and shoppers;

(5) Providing a resource for information, education and expertise to those interested in rehabilitation or construction in an historic district or of an historic structure;

(6) Fostering civic pride in the city's history and development patterns;

(7) Protecting and enhancing neighborhood character;

(8) Fostering and encouraging preservation, restoration and rehabilitation that respects the historic, cultural, architectural and archeological significance of distinctive areas, sites, structures and objects; and

(9) Applying design standards in a reasonable and flexible manner to prevent the unnecessary loss of a community's historical features and to ensure compatible construction and rehabilitation in historic districts while not stifling change and development or forcing modern recreations of historic styles.

(Res. No. 31540-2, 9-14-11)

Sec. 19-142. Establishment; composition and duties.

There is hereby established a historic preservation commission ("commission") whose purpose and duty shall be to carry out the purpose and to administer the provisions of this article subject to final approval by the Common Council.

There shall be in the City of New Britain a historic preservation commission composed of seven (7) electors of said city, appointed by the mayor, in accordance with subsection 5-2(e) of the City Charter. In order to best fulfill the purpose and intent of this article, every reasonable effort shall be made to have at least two (2) members serving on this commission who are qualified professionals in the fields of law, architecture, architectural history, urban planning or urban design. In order to ensure continuity, all members shall be permitted to serve out their terms regardless of any changes in city administration.

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The commission shall adopt rules for the transaction of business and, each January, shall designate a chair from its membership and adopt a meeting schedule for the coming year. The commission shall meet at least once each month and shall keep a public record of its activities and in reporting its action upon any matter referred to it by the common council, shall report the results of voting on each matter including votes in favor, votes opposed and abstentions. No member of the commission shall vote on anymeasure in which he/she shall have any special pecuniary interest.

(1) Terms/term limits. Initially, commission members shall be appointed to staggered terms of two (2) to five (5) years and, then, thereafter all to five-year terms. No member shall be permitted to serve more than two (2) consecutive five-year terms without having a break of not less than one (1) year.

(2) Vacancies. Any vacancy occurring before the expiration of the full term of an appointed member shall be filled by the mayor for the remainder of such term pursuant to subsection 52(e) of the Charter. In the event of a vacancy, the chairperson shall be entitled to recommend to the mayor the names of individuals deemed qualified for consideration for appointment to the commission.

(3) Chairperson; rules. The historic commission shall elect annually a chairperson and a vice-chairperson from its members. The commission shall, within a period of sixty (60) days from the adoption of this article, adopt rules of procedure that are consistent with and carry out the intent of this article. Said rules of procedure are subject to council approval.

(4) Conflict of interest. No member of the historic commission shall appear for or represent any person, firm, corporation or other entity in any matter pending before the council, or any city board or commission. No member shall participate in discussion or vote upon any matter in which the member is directly or indirectly interested in either a personal or financial manner.

(5) Compensation. (i) The members of the historic commission shall serve without compensation but shall be reimbursed for their necessary and reasonable expenses in the performance of their duties. (ii) The council may make appropriations to cover the reasonable expenses of the commission.

(6) Meetings. The historic commission shall meet at least once per month in a location determined by the members. A quorum shall consist of a minimum of four (4) members. The commission shall keep records of its

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meetings and activities and shall, no less than annually, apprise the council of its activities, progress and recommendations.

(7) Staff and departmental assistance. For the purposes of carrying out and administering the provisions of this article, the staff of the department of municipal development shall be responsible for providing professional, administrative and secretarial services to the commission. The department of licenses, permits and inspections and the office of the fire marshal shall also be responsible for reviewing and reporting to the commission on any pending matter in which there is a claimed conflict between the historic preservation guidelines and any provisions of state building code, fire code, housing code, Americans with Disabilities Act, etc.

(Res. No. 31540-2, 9-14-11)

Sec. 19-143. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the historic district commission, as established pursuant to this article.

Connecticut Commission on Culture and Tourism means the state agency of that name established under section 210 of Public Act 03-6 of the June 30, 2003 Special Session of the General Assembly as amended under section 30 of Public Act 04-2 of the May 2004 Special Session.

Historic district means an area designated as a historic district on the National Register or the state register.

Historic preservation council means the state agency of that name established pursuant to section 10-321b. of the General Statutes.

Local historic district means a historic district established pursuant to Chapter 97a of the General Statutes.

Local historic property means a historic property designated pursuant to chapter 97a of the General Statutes. (1996 Grand List, SHPO MOU).

National Register means the National Register of Historic Places, as maintained by the Secretary of the Interior pursuant to 16 U.S.C, § 1640a.

Protected property means (1) a property which is individually listed on the National Register, the state register or listed as a local historic property and (2) an area,

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and all sites, structures, features and objects within such area which is part of a national, state or local historic district. (1996 Grand List SHPO MOU)

Secretary of the Interior's Standards means the standards for rehabilitation established by the United States Secretary of the Interior.

State register means the state register of historic places, as maintained by the Connecticut Commission on Culture and Tourism pursuant to section 10-320b of the General Statutes.

(Res. No. 31540-2, 9-14-11)

Sec. 19-144. Review by historic preservation commission.

(a) No person or entity may, without first applying and obtaining the approval of bythe Common Council, after a recommendation by the commission, file an application for a demolition permit pursuant to section 7-4 of the Municipal Code, for a building permit pursuant to section 7-1 of the Municipal Code for:

(1) Any demolition of any protected property or part thereof, or any property for which an application is pending for any level of protected status,

(2) Any alteration of any such protected property or part thereof if that alteration is visible from a street other than a street which faces only the back of the building, or

(3) Any construction of a new structure in any local, state or federal historic district.

(b) The commission shall adopt the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, shall develop rules of procedure and shall publish design guidelines to assist applicants in satisfying these standards. The design guidelines shall provide for flexibility in materials and design to promote economic feasibility. The design guidelines shall describe a variety of methods and designs for preserving the historic architectural character of buildings and neighborhoods. The commission shall make reasonable efforts to guide owners in preserving historic architectural character in a cost-effective manner.

(c) The commission's procedures shall make provision for the consideration of economic hardship, including, but not limited to, consideration of the cost of historic preservation recommendations, the economic circumstances of the applicant, the availability of other architecturally appropriate alternatives, the relationship of the cost of historic preservation recommendations to the cost of the proposed project as a whole, and the impact of the historic preservation recommendations on the historic district as a whole and on the value of the property. The rules of procedure shall delineate reasonable submission requirements for hardship applications.

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If the applicant objects to compliance with this article because compliance will increase the cost of the alteration subject to review by the commission under this article by more than twenty (20) percent, the applicant shall provide the commission with at least two (2) realistic comparable professional estimates showing the difference in cost between the applicant's proposed alteration and alteration with the modifications requested by the commission. If the commission finds that such difference exceeds twenty (20) percent, the commission shall work with the applicant to find an alternative which will not increase the cost of the alteration by more than twenty (20) percent. The commission shall not require alterations which add more than twenty (20) percent to the cost of the alteration that is subject to review.

(d) Any application for commission approval of a recommendation for submission to the Common Council shall, at the latest, be placed on the agenda of the next commission meeting which occurs more than seven (7) days after receipt of the application. The commission may define one (1) or more classes of minor alterations to be delegated to the department of municipal development ("department") staff for approval or rejection, based upon the applicable design standards. A copy of each approval or rejection by the department shall be transmitted to each member of the commission by the department. Any approval or rejection by the department shall become effective ten (10) days after its issuance. If within such ten-day period the applicant or the chairperson of the commission requests that the commission review the action of the department, the department's action shall not take effect and the application shall be placed on the next commission agenda for action by the commission. Any application submitted pursuant to this article that is not acted upon by the commission within forty-five (45) days after its filing shall be deemed granted, unless the commission and the applicant have agreed to a longer time period for the completion of commission action upon the application.

(e) Demolition of a protected property shall be approved by the Common Council after recommendation by the commission only if the applicant establishes, to the satisfaction of the commission, that (1) there is no economically feasible alternative to demolition or (2) the property, through no fault of any owner of the property after the effective date of this chapter, does not contribute to the architectural or historic character of the district and its demolition will not detract from the architectural or historic character of the district.

(f) This article shall not apply to any structure which has been ordered demolished by the department of licenses, permits and inspections or its successor on an emergency basis because it represents so immediate a hazard to public safety that demolition cannot be deferred and the structure cannot be protected, secured, or stabilized by reasonable measures specified by the department of licenses and inspections. Furthermore, this article shall not apply to any repair which has been ordered by the department of licenses, permits and inspections or its successor on an emergency basis because the condition represents so immediate a hazard to public

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safety or structure integrity that repair cannot be deferred and that the structure cannot be protected, secured, or stabilized by reasonable temporary measures specified by the department of licenses, permits and inspections. (Res. No. 31540-2, 9-14-11)

Sec. 19-145. Challenges to final decisions.

Any person aggrieved by a final decision of the Common Council commission, in regard to an application for approval filed pursuant to this article, may appeal such decision to the ordinance appeals board within fifteen (15) days of receipt of the commission's decision. Any decision by the board shall be based upon the same standards as are to be applied by the commission under this article. Any decision by the board shall include a statement of the reasons for the decision. (Res. No. 31540-2, 9-14-11)

Sec. 19-146. Addition or modification to historic districts and protected property lists.

In addition to the powers and duties outlined above, the commission may, from time to time, research, consider and make recommendations for adoption of new, expanded or otherwise modified historic districts and may make recommendations for protected historic property status for individual properties that are not currently listed or for the modification of current protected status levels for individual properties. Any such additions, expansions or changes in status resulting from recommendations made by the commission shall be governed by applicable provisions of section 7-147 of the General Statutes and the City of New Britain Code of Ordinances. (Res. No. 31540-2, 9-14-11)

Sec. 19-147. Enforcement.

The director of the department of licenses permits and inspections and the director of the department of municipal development shall be responsible for the enforcement of this section and shall refer any property owner found in violation to the office of the corporation counsel for appropriate legal action under applicable provisions of state statutes and the Code of Ordinances. (Res. No. 31540-2, 9-14-11)

Sec. 19-148. Policy of municipal departments and agencies.

It shall be the policy of the City of New Britain and its departments and agencies to give priority to the preservation of the city's historic architecture and character. All departments and agencies of the city, including, but not limited to, those dealing with planning, zoning, health, and safety, shall consider historic and architectural significance and preservation when making decisions concerning whether and how properties should be rehabilitated, mothballed, or demolished, including decisions concerning to whom dispositions of property will be made. Demolition shall be treated

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as an alternative of last resort and shall be utilized only when other reasonable alternatives do not exist. (Res. No. 31540-2, 9-14-11)

ARTICLE XI. HISTORIC BUILDINGS - DELAY OF DEMOLITION

Sec. 19-149. TITLE AND PURPOSE

This chapter shall be known as An Ordinance to Encourage the Preservation of Architecturally and Historically Significant Buildings by Delay of Demolition.

This chapter is duly enacted by the City in order to 1) preserve and protect significant buildings and structures within the town which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the City, and 2) to limit the detrimental effect on community character and heritage that may result from the demolition of such buildings and structures.

Connecticut General Statutes Section 29-406 authorizes municipalities to approve a waiting period before granting any permit for the demolition of any building, structure, or part thereof. Under this chapter, the City shall impose a waiting period of not more than one hundred eighty (180) days before granting a permit for the demolition of any building or structure that is designated as Preferably Preserved according to the definitions in Sec. 19-151 (below).

By this chapter, City residents are alerted to the anticipated demolition of significant buildings or structures and the owners of such buildings or structures are encouraged to consider preservation, restoration, rehabilitation or relocation as alternatives to demolition. To achieve this purpose, the Historic Preservation Commission or other designated body is authorized to advise the Director of Licenses, Permits, and Inspections with respect to demolition permit applications.

Sec. 19-150. INTENTION AND LIMITATIONS

This chapter shall not be construed to prevent the ordinary maintenance or repair of any exterior architectural features; nor shall it prevent the erection, alteration or removal of any such feature which the Director of Licenses, Permits, and Inspections certifies is required by public safety because of a condition which is unsafe or dangerous due to deterioration. This chapter shall not delay any application for demolition under emergency demolition orders issued by the Director of Licenses, Permits, and Inspections due to a threat to public safety or public health.

Sec. 19-151. DEFINITIONS

APPLICANT – Any person or entity who files an application with the City for a demolition permit. If the applicant is not the owner of the premises upon which the building or structure is situated, the owner’s consent or endorsement of the proposed application must be provided on the permit application.

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APPLICATION – A written request to the City in an authorized format to issue a permit for the demolition of a building or structure.

BUILDING – Any combination of materials assembled by human intent to form a shelter for persons, animals or property.

COMMISSION – The Historic Preservation Commission or other designated body authorized to advise the Director of Licenses, Permits, and Inspections on the issuance of demolition permits under this chapter.

DELAY – A period of up to 180 days imposed by the City, during which time the Director of Licenses, Permits, and Inspections shall withhold issuance of a demolition permit and the owner of a historically significant building or structure shall work with the Commission, the State Historic Preservation Office, the Connecticut Trust for Historic Preservation and other interested parties to consider other viable alternatives to demolition, including preservation, restoration, rehabilitation, relocation or detailed recordation, with the delay period beginning at such the time that the Commission renders their decision that imposing said delay is warranted.

DEMOLITION – The intentional act of substantially pulling down, destroying, dismantling, defacing, removing or razing a building or structure, or commencing the work of a total, substantial, or partial destruction with the intent of completing the same; also the act or process of delaying or withholding maintenance of a building or structure in such a way as to cause or allow significant damage to occur which may result in a public hazard or nuisance.

DEMOLITION PERMIT – The permit issued by the Director of Licenses, Permits, and Inspections authorizing the full or partial demolition of an existing building or structure, excepting for this chapter only any permit issued solely for the demolition or removal of interior features with no effect on the exterior appearance of the building or structure.

DIRECTOR OF LICENSES, PERMITS, AND INSPECTIONS – A person hired or appointed by the City to serve as Director of the Department of Licenses, Permits, and Inspections, Chief Building Official or Zoning Officer, etc. or otherwise duly authorized to issue demolition permits.

HISTORICALLY SIGNIFICANT BUILDING – Any building or structure within the municipal boundaries which, in whole or in part, which has been determined by the Historic Preservation Commission or other designated authority to be significant to the community based on one or more of the following criteria:

The building or structure is listed on the State or National Register of Historic Places, or is partially or completely within the boundaries of any National, State or Local Historic District; or

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The building or structure has been determined by the State Historic Preservation Office and/or the National Park Service to be eligible for listing on the State or National Register of Historic Places; or

The building or structure has documented associations with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the town, the state or the nation; or

The building or structure has documented historical or architectural importance in terms of period, style, method of construction, specific use, orassociation with a recognized builder or architect, either by itself or in the context of a group of buildings; or

Any property that is listed on the City of New Britain’s 1996 “Grand List Historic Properties Survey”.

STRUCTURE – Any combination of materials assembled by human intent to shelter property or activities; or to mark and delineate boundaries or limits of use; or to facilitate transportation, communication, manufacturing or commerce; or to provide for the defense and protection of people or property.

Sec. 19-152. PERMIT REQUIRED

No person, firm, corporation, or other entity shall demolish any building, structure, or part thereof without obtaining a permit from the Director of Licenses, Permits, and Inspections, in accordance with Section 7-1 of this Code of Ordinances.

The Director of Licenses, Permits, and Inspections shall not issue a demolition permit for a building or structure that is recognized as a Historically Significant Building as defined in Section 19-151 of this chapter, except as provided in this chapter. In addition to complete demolition of a building or structure, the following actions shall require a demolition permit under this chapter:

A. Removal of a roof for the purpose of: raising the overall height of a roof; rebuilding the roof to a different pitch; or adding another story to a building.

B. Removal of one or more exterior wall(s) or partition(s) of a building.

C. Gutting of a building’s interior to the point where exterior features (windows, doors, etc.) are impacted.

D. Removal of more than 25% of a structure’s overall gross square footage.

E. The lifting and relocating of a building on its existing site or to another site.

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F. The delay or withholding of maintenance on a building or structure in such a way as to cause or allow a significant loss of architectural integrity or structural stability.

Sec. 19-153. APPLICATION FOR DEMOLITION

Any person wishing to obtain a permit to demolish a building or structure, in whole or in part, shall file an application in the office of the Director of Licenses, Permits, and Inspections on a form approved by the Director of Licenses, Permits, and Inspections, in accordance with Section 7-1 of this Code of Ordinances.

Sec. 19-154. PROCEDURES

The Director of Licenses, Permits, and Inspections shall not issue any demolition permit for any building or structure in the City, except under the provisions outlined in this chapter.

Upon adoption of this chapter, for every building or structure for which an application for demolition permit application has been filed for any historically significant building, as defined in Sec. 19-151 above, the following process shall apply:

Upon receipt of any demolition permit application involving a property meeting, the criteria of a Historically Significant Building under Section 19-151 (above), the Director of Licenses, Permits, and Inspections shall immediately notify the Historic Preservation Commission staff and forward a copy of the application.

Staff shall consult with the Commission chairperson and verify for the Director of Licenses, Permits, and Inspections, the significance of the building or structure using the criteria stated in Section 19-151 (above).

If the building or structure is not determined to be significant, or if the Commission staff fails to notify the Director of Licenses, Permits, and Inspections of their determination within ten (10) business days of their being notified of the pending permit, the Director of Licenses, Permits, and Inspections may proceed with issuance of the demolition permit.

In the case of buildings determined to be historically significant, the Director of Licenses, Permits, and Inspections shall direct the owner/applicant to contact the staff to the Historic Preservation Commission, to file a historic review application, on a permit application form provided by the Commission and including such information, plans,photographs, details and explanation as may be deemed necessary by the Commission to aid in their decision.

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Within twenty-five (25) calendar days from application, or at the next Commission meeting, provided notice requirements can be met, the Commission shall hold a public hearing to solicit public comment on any building or structure that the Commission has determined to be significant. The staff to the Historic Preservation Commission shall cause public notice of the time, place and purpose of the hearing to be posted in a conspicuous place in the city hall or town hall for a period of not less than seven (7) calendar days prior to the date of said hearing.

The Commission staff shall also notify the Director of Licenses, Permits, and Inspections and the owner/applicant in writing of the meeting time and place. Any interested party shall have the opportunity to speak at the public hearing, subject to normal limitations and procedures. The Director of Licenses, Permits, and Inspections shall also report to the Commission, either in person or in written format, on matters relevant to the pending demolition permit. Failure of the Director of Licenses, Permits, and Inspections to report to the Commission, at or prior to the hearing, shall not prevent the Commission from acting on the pending application.

Within thirty (30) calendar days from demo delay review application, the Commission shall decide by majority vote whether to invoke recommend to the Common Council the demolition delay and shall notify the Director of Licenses, Permits, and Inspections and the owner/applicant of their decision in writing. The Commission’s decision may not be postponed except by written agreement on the part of the owner/applicant.

In the event that the owner/applicant is uncooperative in participating in filing an application for historic review or in providing information deemed necessary for rendering a decision, the Commission may proceed in making a determination to institute a 180 day demolition delay, based on information made available to them through the Commission staff, theDirector of Licenses, Permits, and Inspections, public input and other sources.

Upon notification of the Commission that the building or structure is not subject to the demolition delay, or if the Commission fails to notify the Director of Licenses, Permits, and Inspections of its decision within the allotted time, the Director of Licenses, Permits, and Inspections may proceed to issue a demolition permit.

Upon notification by the Commission staff that the building or structure is subject to the demolition delay, the Director of Licenses, Permits, and Inspections shall delay the issuance of a demolition permit for no more than (180) calendar days from the date that the Commission’s decision is rendered, unless otherwise agreed in writing by the Commission. During that period, the Director of Licenses, Permits, and Inspections shall not issue any permits for new construction or alterations on the subject property.

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Upon determination by the Common Council upon recommendation from theHistoric Preservation Commission that a building or structure is subject to the demolition delay, and within ten (10) calendar days from the date that the Commission’s Common Council’s decision is rendered, staff to the Historic Preservation Commission shall take the following actions:

A. The staff to the Historic Preservation Commission shall publish in a local newspaper having substantial circulation in the City a legal notice entitled a “Notice of Intent to Demolish” which shall include:

1. Notice that an application has been filed for a demolition permit;

2. The common name and actual street address of the building or structure to be demolished;

3. The name and address of the owner(s) of the building or structure to be demolished;

4. The age of the building or structure to be demolished; and

5. Notice that the Historic Preservation Commission has determined that the building or structure is subject to a demolition delay for a specified period of time.

B. The staff to the Historic Preservation Commission shall mail copies of the “Notice of Intent to Demolish” by Certified Mail with Return Receipt to the owners of all properties adjoining and across the street from the property on which the building or structure to be demolished is situated;

C. The staff to the Historic Preservation Commission shall mail copies of the “Notice of Intent to Demolish” by Certified Mail with Return Receipt to any person, organization, firm, corporation, or other entity who has requested, in writing, from the Director of Licenses, Permits, and Inspections, copies of any such notices filed pursuant to this ordinance. The Historic Preservation Commission shall maintain the list of those requesting to be so notified, and shall delete from the list those who do not annually renew in January, in writing, the request to be notified; and

D. The owner/applicant shall post a sign in a conspicuous location of the property on which the structure is situated. The sign shall be at least 24” by 36” in size visible from the nearest public street. Such sign shall include a copy of the “Notice of Intent to Demolish” and shall contain the word “DEMOLITION” in capital letters no less than three inches in height. If there is more than one structure or building proposed for demolition, one sign shall be posted in respect to each structure. All signs required hereunder shall remain posted on the property, if the permit is issued, until the completion of all demolition activities authorized by the permit.

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Sec. 19-155. EMERGENCY DEMOLITION

If after a thorough inspection, the Director of Licenses, Permits, and Inspections finds that a building or structure, subject to this chapter, poses an immediate threat to public health or safety due to its deteriorated condition and that there are no reasonable alternatives to the immediate demolition of the building or structure, then the Director of Licenses, Permits, and Inspections may issue an emergency demolition permit to the owner of the building or structure. The Director of Licenses, Permits, and Inspections shall then submit a written report to the Historic Preservation Commission detailing the condition of the building or structure and the basis for Director of Licenses, Permits, and Inspections’ decision.

Sec. 19-156. ISSUANCE OF PERMIT

During the demolition delay period of up to 180 days from the date that the Commission’s Common Council’s decision is rendered, the owner of a historically significant property shall pursue and give due consideration to all possible alternatives to demolition, including preservation, restoration, rehabilitation, relocation, or detailed recordation of the affected building or structure. In order to avoid or mitigate the anticipated effects of demolition, the owner shall make a good faith effort to accommodate reasonable requests from any interested parties for information about or access to the building or structure for the purpose of evaluating alternatives to demolition.

No permit for demolition of a historically significant building or structure shall be issued by the Director of Licenses, Permits, and Inspections until all plans for future use and development of the site have been filed with the Director of Licenses, Permits, and Inspections and have been found to comply with all laws pertaining to the issuance of a building or zoning permit.

All approvals necessary for the issuance of such building or zoning permit, including without limitation any necessary zoning variances or special permits, must have been granted and all appeals from the granting of such approvals must have been concluded prior to the issuance of a demolition permit for a historically significant building or structure under this chapter.

If no viable alternatives to demolition are identified and accepted before the expiration of the demolition delay period, the Director of Licenses, Permits, and Inspections may proceed to act on the permit application.

Sec. 19-157. FEES AND COSTS FOR DEMOLITION PERMITS

The fees and costs for demolition permits are as provided for in Section 7-4 of this code.

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Sec. 19-158. FEES FOR HISTORIC REVIEW HEARING

The Historic Preservation Commission may determine and recommend application fees for public hearings for the review of demolitions, sufficient to off-set costs of legal notification. Said fees shall be additional to those required for standarddemolition applications, per Section 7-4 of this code and shall be established in accordance with City Ordinance, Article IX, Sec. 19-130, as may be amended from time to time, and made payable to the Treasurer, City of New Britain, Connecticut.

Sec. 19-159. VIOLATIONS AND PENALTIES

The staff to the Historic Preservation Commission and the Director of Licenses, Permits, and Inspections are each specifically authorized to institute any and all actions or proceedings, in law or in equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this chapter or to prevent a threatened violation thereof.

During the application processing period and during the demolition delay period, if applicable, the owner shall adequately maintain and protect the building or structure in order to prevent any further deterioration. Failure to do so shall be considered demolition by neglect and may be subject to penalties.

In the case of full or partial demolition of any building or structure in the absence of or in advance of a valid demolition permit, the Director of Licenses, Permits, and Inspections shall impose a two-year restriction on the property during which no earthwork, landscaping, construction or further demolition may take place on the subject property or on any adjoining parcels under common ownership and control without the review and approval of the Historic Preservation Commission. The restriction may only be lifted by written agreement of the Director of Licenses, Permits, and Inspections and the Historic Preservation Commission.

Any persons failing to abide by the provisions of this chapter or Connecticut General Statutes Sections 29-401 through 29-415 shall be fined $1,000 or imprisoned not more than six months, or both, per day, as each day constitutes a separate violation, pursuant to Connecticut General Statutes Section 29-254a. All fines imposed shall be collected and made payable to the Treasurer, City of New Britain, Connecticut.

Sec. 19-160. ADMINISTRATION

The Historic Preservation Commission may adopt such rules and regulations as are necessary to administer the terms of this chapter.

By majority vote at a duly posted meeting, the Commission may delegate to one or more members of the Commission or to a qualified City employee, the authority to make initial determinations of significance under this chapter.

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The Commission may, on its own initiative and with information available to it, develop a list of significant buildings and structures that will be subject to this chapter. The initial adoption of the list and any subsequent additions to the list shall be enacted after public hearings on the subject.

Sec. 19-161. SEVERABILITY

In case any section, paragraph or part of this ordinance shall for any reason be declared invalid or unconstitutional by any court, every other section, paragraph and part shall remain in full force and effect.

________________________________Alderman Aram Ayalon

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RESOLUTION

Item # 34258 RE: Mayor’s Proposed General Fund Budget for Fiscal Year 2018-2019


RESOLVED, the “Mayor’s Proposed Budget” of the City of New Britain, upon recommendation of the Board of Finance and Taxation, the attached estimates of revenue and expenditures, as amended by the Mayor, with all the supporting data be the same as hereby made, and for the purpose of meeting said appropriation, a tax of 50.50 mills on real estate and personal properties and 45 mills on motor vehicles on the dollar be computed on the basis of a collection rate of 96.60% and the same is hereby laid on the Grand List of October 1, 2017 on all ratable estates and property within the limits of the City of New Britain liable to taxation, and be it further,

RESOLVED, that all City taxes for the fiscal year ending June 30, 2019 excluding motor vehicle and personal property which shall be paid in full on the first day of July 2018 and real property taxes shall be due and payable in equal semi-annual installments on the first day of July 2018 and the first day of January 2019 except that any tax of less than two hundred dollars shall be due and payable in full on the first day of July 2018.

If any installments of such tax shall not be paid on or before the first business day of the month next succeeding that in which it shall be due and payable, such installment shall immediately becomedelinquent and shall be subject to interest at the rate and manner provided in the general statutes. Any taxpayer may pay the total amount of any such tax at the time when the first installment shall be payable and nothing herein shall preclude the payment of the January 1, 2019 installment prior to said first due date.

______________________ ______________________Alderman Robert Smedley, Alderman Kristian Rosado, Minority Leader Assistant Minority Leader

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RESOLUTION

Item # 34259 RE: Mayor’s Proposed Special Revenue Funds and Enterprise Fund Budget for Fiscal Year 2018-2019


RESOLVED, The “Mayor’s Proposed Budget” of the City of New Britain, upon recommendation of the Board of Finance and Taxation, as amended by the Mayor, estimates that the attached listing of income and expenditures for each Special Revenue and Enterprise Fund, be adopted for the Fiscal Year 2018-2019 as follows:

Special Revenue Funds

Stanley Golf Course Operating Fund #201 $1,881,775Chesley Cell Towers #203 110,000Cemetery Operating Fund #204 535,808Dog Fund #205 184,018Sewer Operating Fund #208 10,884,292Youth Service Bureau #278 366,182Donations Account #283 110,000Terrific Toys Program #284 53,300Senior Center Activity Fund #290 3,550City and BOE Medical Self Insurance Fund #702 23,229,062W/C Self Insurance Fund #703 2,743,355Liability Insurance Fund #704 195,500

Enterprise Funds

Water Department $13,996,971

______________________ _________________________Alderman Robert Smedley, Alderman Kristian Rosado,Minority Leader Assistant Minority Leader

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RESOLUTION

Item # 34260 RE: Mayor’s Proposed Budget Appropriation for Capital Improvement Program Fiscal Year 2018-2019 (LoCIP)


WHEREAS, Article XI of the Charter of the City of New Britain requires the Mayor to present to the Common Council a “Mayor’s Proposed Capital Projects Budget”. The Capital Projects Budget includes a listing of all proposed capital projects for a five (5) year period with a general description, location and an estimated cost for each proposed activity, and

WHEREAS, Public Act 87-584, Section 11-44, has created a program referred to as the “Local Capital Improvement Fund” (LOCIP) to provide assistance to Connecticut municipalities for capital activities. For the fiscal year 2018-2019, the State of Connecticut has allocated $1,159,680 of new monies to New Britain, and

The Mayor evaluated the needs of city departments and identified specific projects for funding through the LOCIP program Entitlement XXXII. Individual grant applications to the State of Connecticut for approval by the Secretary of the Office of Policy and Management are proposed for the following projects:

Project: Budget:Paving Parking Lots at Fire Station 1 & 2 $ 100,000ADA Compliance Various Parks $ 150,000Chesley Park Master Plan Improvements $ 500,000Eddy Glover Boulevard Paving $ 100,000Stanley Loop Trail Phase II $ 200,000City Hall Cable Re-Wiring $ 56,000City Data Center (partial) $ 53,680

$1,159,680

THEREFORE BE IT, RESOLVED that Erin E. Stewart, Mayor of the City of New Britain, be authorized to execute all grant documents with the State on behalf of the City for the projects identified herein, and BE IT FURTHER,

RESOLVED, that the sum of $1,159,680 be appropriated within the Special Revenue fund, LOCIP Fund #213, for the projects specified with the individual expenditure and revenue accounts established for LOCIP Entitlement XXXII grant proceeds.

______________________ ______________________Alderman Robert Smedley, Alderman Kristian Rosado,Minority Leader Assistant Minority Leader

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Zoning Subcommittee and Committee on Planning, Zoning and Housing Agenda2017-613 - Zoning Legal Notice2017-612 - Petition2017-615 - 20180508 PZ&H Legal Notice.docx2017-579 - Resolution2017-606 - Resolution2017-608 - Resolution2017-609 - Resolution2017-610 - Resolution2017-598 - Resolution2017-576 - Resolution2017-616 - Resolution2017-618 - Resolution2017-619 - Resolution

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