Zoning Subcommittee and Committee on Planning, Zoning and Housing

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1 Zoning Subcommittee and Committee on Planning, Zoning and Housing Tuesday, October 23, :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 a special meeting and public hearing on Tuesday, October 23, 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 PUBLIC HEARING Legal notice published in the New Britain Herald on Friday, October 12, 2018, and Saturday, October 20, Legal Notice 1. Item No Re: Robert Greco of A&M Towing Holdings, LLC seeks granting of a certificate of location approval to allow State DMV issuance of a motor vehicle general repairer s license for property at 80 South Street. AGENDA 1. Item No Re: Robert Greco of A&M Towing Holdings, LLC seeks granting of a certificate of location approval to allow State DMV issuance of a motor vehicle general repairer s license for property at 80 South Street. Petition Application Documents Map City Plan Recommendation 1

2 TABLED ITEMS 1. ITEM NO RE: 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. ZONING SUBCOMMITTEE ADJOURNMENT COMMITTEE ON PLANNING, ZONING AND HOUSING NOTICE - The Committee on Planning, Zoning and Housing will hold a special meeting and public hearing on Tuesday, October 23, 2018, at 7:00 pm, following the special meeting of the Common Council Zoning Subcommittee, in Council Chambers, City Hall, 2nd Floor, 27 West Main Street, New Britain, Connecticut. CALL TO ORDER ROLL CALL READING OF LEGAL NOTICE PUBLIC HEARING Legal notice published in the New Britain Herald on Saturday, October 20, Legal Notice 1. ITEM NO RE: PROPOSED AMENDMENT TO SEC AND OF THE CODE OF ORDINANCES TO REQUIRE THE APPROVAL BY THE COMMON COUNCIL FOR ALTERATIONS TO THE GENERAL PLAN. AGENDA 1. ITEM NO RE: PROPOSED AMENDMENT TO SEC AND OF THE CODE OF ORDINANCES TO REQUIRE THE APPROVAL BY THE COMMON COUNCIL FOR ALTERATIONS TO THE GENERAL PLAN. Resolution 2. ITEM NO RE: AUTHORIZATION TO ENTER INTO AGREEMENT WITH MUNICIPAL PARKING SERVICES, INC. FOR PARKING METER SERVICES FOR FIVE YEARS WITH AN OPTION TO EXTEND. Resolution TABLED ITEMS 1. ITEM NO RE: CONVEYANCE OF CITY OWNED PROPERTY KNOWN AS 12 GILBERT STREET TO ROBERT ELLIOT FOR $800. Resolution 2

3 2. ITEM NO RE: PROPOSED AMENDMENT TO ARTICLE X AND XI OF CHAPTER 19 OF THE CODE OF ORDINANCES TO TRANSER FINAL APPROVAL OF ALL APPLICATIONS FROM THE HISTORIC PRESERVATION COMMISSION TO THE COMMON COUNCIL. Resolution Proposed Amendment COMMITTEE ON PLANNING, ZONING AND HOUSING ADJOURNMENT 3

4 C I T Y O F N E W B R I T A I N EST Common Council VIA The Herald Classified Advertising/Legal Notice New Britain, Conn Please publish the following Legal Notice on Friday, October 12, 2018, and Saturday, October 20, 2018 LEGAL NOTICE CITY OF NEW BRITAIN The New Britain Common Council Zoning Subcommittee will hold a public hearing on Tuesday, October 23, 2018, at 7:00 pm, in Council Chambers, City Hall, 2 nd Floor, 27 West Main Street, New Britain, Connecticut for the following: Item No Robert Greco, of A&M Towing Holdings, LLC, seeks granting of a certificate of location approval to allow State DMV issuance of a motor vehicle general repairer s license for property at 80 South Street. 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. Lawrence Hermanowski Clerk of Committees 4 27 West Main Street New Britain, CT Phone (860) Fax (860)

5 CITY CLERK S OFFICE NEW BRITAIN, CONN. Mr Your attention is called to the following petition received by the Common Council at its meeting held Wednesday evening, September 12, 2018, and referred to the CITY PLAN AND ZONING SUBCOMMITTEE To Her Honor, the Mayor, and the Common Council of the City of New Britain: the undersigned beg leave to petition your Honorable body: Robert Greco of A&M Towing Holdings, LLC seeks granting of a certificate of location approval to allow State DMV issuance of a motor vehicle general repairer s license for property at 80 South Street. Alderman Jamie Giantonio 5

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10 C I T Y O F N E W B R I T A I N N E W B R I T A I N, C O N N E C T I C U T REPORT OF : CITY PLAN COMMISSION To Her Honor, the Mayor, and the Common Council of the City of New Britain: the undersigned beg leave to report the following: ITEM: #34417 APPLICANT: Rob Greco for A&M Towing Holdings, Inc. ADDRESS: 80 South Street ZONE: I-2, General Industry The City Plan Commission, at its regular meeting held on September 10, 2018, voted 4 to 0 to recommend that this proposed certificate of location approval be approved. BACKGROUND: The applicant is requesting the granting of a certificate of location approval to allow a State motor vehicle and repairer s license in accordance with Sections of the Connecticut General Statutes. The site was a former Gulf service station and Royal Tire Service. The current owner recently acquired the property for use in his vehicle towing and storage business and has removed the gasoline storage tanks and undertaken remediation. The site had originally received location approval for service station auto repair operations in October 1969, but the previous owner allowed the DMV repairer s license to lapse. The site received special exception approval from the Zoning Board of Appeals for re-licensing for auto repair and auto tow yard storage at the board s August 16, 2018 hearing, Application #4808. FINDINGS: The applicant's plans depict the 29,616 square foot lot and the 3,304 square foot former service station building, which has been recently cleaned and renovated. Tank removal and environmental remediation have also taken place on the site. The building has four (4) garage bays and is equipped with lifts for repairs. The applicant, however, indicates that the site will be used almost exclusively for storage of towed vehicles. As required, the vehicle storage would be at the rear of the building, screened on all sides by an 8-foot slatted chain-link fence. The subject location is on a primary arterial, carrying moderate-to-heavy traffic volumes, and bordered primarily by business uses to the west and north and by the Route 9 corridor to the east. The general area of South Street and Veterans Drive is predominated by auto-related uses. As an auto tow yard, traffic generation rates would be minimal compared to auto fuel stations, auto sales or typical auto repair businesses. 10

11 Item #34417 Page 2 The requirements for auto repair are that the site be at least 10,000 square feet in area; have a minimum street frontage of at least 100 feet; and have 4-foot landscaping islands along all property lines, except locations where there is an access driveway. The applicant s plans are compliant with all pertinent zoning requirements, except for the absence of the buffer plantings along the rear yard lot lines, deemed to be a permissible grandfathered condition. CONCLUSION: This portion of South Street is a mix of small and larger business properties, with no residential usage nearby. Like this site, many of the businesses nearby are older and in need of upgrades and improvements to enhance the visual appearance of the area. Due to its location and characteristics, this property is wellsuited to proposed use for tow yard vehicle storage. Because of the topography and the surrounding buildings and highway corridor, the storage portion of the site would be well-screened from view, and the improvements to this site would benefit the general vicinity and help set a higher standard for other businesses nearby. RECOMMENDATION: The City Plan Commission is of the opinion that the site is adequately suited to the proposed pair business, that the plan is compliant with the applicable zoning requirements, and that the planned site improvements would improve the appearance of the site and general area. The Commission, therefore, has no objections to the granting of the certificate of location approval. G. GEOFFREY BRAY, Vice-Chairman City Plan Commission 11

12 C I T Y O F N E W B R I T A I N EST Common Council VIA The Herald Classified Advertising/Legal Notice New Britain, Conn Please publish the following Legal Notice on Saturday, October 20, 2018 LEGAL NOTICE CITY OF NEW BRITAIN The New Britain Common Committee on Planning, Zoning and Housing will hold a public hearing on Tuesday, October 23, 2018, at 7:00 pm, following the special meeting of the Zoning Subcommittee, in Council Chambers, City Hall, 2 nd Floor, 27 West Main Street, New Britain, Connecticut for the following: Item No Proposed amendment to Sec and of the Code of Ordinances to require the approval by the Common Council for alterations to the General Plan. 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. Lawrence Hermanowski Clerk of Committees West Main Street New Britain, CT Phone (860) Fax (860)

13 RESOLUTION Item # RE: Amendment to Sec and of the Code of Ordinances. 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: Resolution Summary: INTENT AND PURPOSE. To amend Section and of the Code of Ordinances to require the approval by the Common Council for alterations to the general plan. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NEW BRITAIN that the Chapter 19, Section and of the Code of Ordinances, City of New Britain, be amended as follows (inserted text appears in underline; deleted text appears in strikethrough; new sections begin with the word [new]): Sec Publicity and development of plan. It shall be the duty of the commission to promote public interest in and understanding of the general plan, and to that end it may publish and distribute copies of the plan or any report relating thereto and use such other means of publicity as it may deem proper. All public officials shall upon request furnish to the commission within a reasonable time such available information as it may require for its work. The commission may request additional assistance for special survey work, in which case the mayor may, at his discretion, assign to the commission members of the staff of any city department or direct such department to make such special studies. The commission shall work cooperatively with other city and town plan commissions in areas adjacent to the city in order to promote better understanding and planning of common physical problems. The commission in the performance of its duties may enter upon any land in the city for the purpose of making examinations and surveys. No statue, monument, memorial or other work of art shall be accepted by the city as a gift, or purchased to be placed or erected in any street, park, square or other outdoor public place in the city, until the design thereof has been submitted to the plan commission for its suggestions and recommendations, and approved by the Common Council. Sec Adoption of master plan. The commission may adopt the master plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan corresponding with major geographical or topographical sections of the city or with functional subdivisions of the subject matter of the plan, and may from time to time adopt amendments or extensions or additions thereto. Before the adoption of the plan or any part thereof, or any amendment thereof, or any amendment, extension or addition thereto, the commission shall file in the office of the town clerk a copy of such plan or part thereof, or amendment thereto, and shall hold at least one public hearing thereon, at least fifteen (15) days' notice of the time and place of which shall be given by publication at least once in a daily newspaper of general circulation in the city, as well as being posted on the City of New Britain website, 13

14 which notices shall make reference to the filing of such records in the office of the town clerk. The action of the commission shall be taken by the vote of not less than a majority of its members in the form of a resolution which shall expressly constitute part of the plan. Any plan or part thereof or amendment thereto shall, upon adoption by the commission, be filed in the office of the town clerk and shall become effective at a time established by the commission not less than sixty (60) days after such filing, provided notice thereof shall be published in a newspaper having general circulation in the municipality prior to such effective date and provided the common council shall not have disapproved said plan, part thereof or amendment. Sec Effect of adoption. From and after the adoption of the general plan or part thereof by the common council, no action shall be taken by any municipal agency or legislative body except in accordance with the following: No street or other public way shall be accepted, widened, narrowed, renamed or vacated; no park, parkway, square, playfield, playground or recreational or offstreet parking facility acquired or developed; or public building or structure, and no public utility, whether publicly or privately owned, shall be constructed, removed, relocated, vacated, abandoned, altered or extended in the city or in the planned section or sections thereof, until and unless the general location, character and extent thereof has been submitted to the commission for a report. All proposals for the acquisition of land within or without the corporate limits of the city for public purposes and the sale of any public building or land shall likewise be submitted to the commission for a report. The commission shall, within a reasonable time, immediately report its all plan of action in any of the instances above enumerated to the common council which shall approve or reject have power to overrule such action by a majority vote. The approval of the commission or the Common Council shall not be required in the case of pipes or conduits in any existing street or other public way, nor for the pavement of or other work in any existing street or public way. Alderman Aram Ayalon 14

15 RESOLUTION Item # RE: PUBLIC PARKING SYSTEM AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR PARKING METER SERVICES 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 an extensive public parking system including the ownership of Parking garages containing approximately 1,920 spaces, 4 surface parking lots containing approximately 100 spaces, and 315 metered parking spaces on City streets; and WHEREAS, the parking system revenues that the City has historically collected have not offset the operation and maintenance cost of the parking system facilities; and WHEREAS, Municipal Parking Services, Inc. (MPS) has submitted a proposal to provide parking meter services for a term of five (5) years with an option to extend for an additional five (5) years subject to approval of the terms and conditions for the option period; and WHEREAS, the agreement will include new parking meters provided, installed, and maintained by Municipal Parking Services, Inc. in return for revenue sharing that shall include 55% for the City and 45% for MPS; and WHEREAS, the Parking Commission at its meeting on September 11, 2018 approved this agreement subject to approval by the Common Council; and WHEREAS, Municipal Parking Services, Inc. is a sole source provider of these types of parking meters and is also a prequalified vendor under the National Cooperative Purchasing Alliance; and NOW, THEREFORE, BE IT RESOLVED, that Erin E. Stewart, Mayor be and is hereby authorized on behalf of the City of New Britain to enter into a Parking Services Agreement with Municipal Parking Services, Inc. and to sign all documents related thereto. Alderman Robert Smedley Alderman Daniel Salerno 15

16 RESOLUTION Item # RE: Sale of City Owned Property 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 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, Robert Elliot, 1660 Capital Avenue, Bridgeport CT has offered to purchase 12 Gilbert Street in New Britain, CT, for the price of Eight Hundred Dollars ($800.00) and; WHEREAS, the size of the lot is.07 ac. (53x82 ft.) and zoned T, Two-family and appraised for $ and; 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 Robert Elliot, for the property known as 12 Gilbert 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 Eight Hundred Dollars ($800.00). Alderman Robert Smedley 16

17 RESOLUTION Item # RE: HISTORIC BUILDINGS 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: 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 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 of the General Statutes, the council has enacted this article. (Res. No , ) Sec 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; 1 17

18 (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 , ) Sec 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. 2 18

19 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 any measure 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 fiveyear 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 3 19

20 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 , ) Sec 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 b. 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, 4 20

21 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 b of the General Statutes. (Res. No , ) Sec Review by historic preservation commission. (a) No person or entity may, without first applying and obtaining the approval of by the 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. 5 21

22 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 6 22

23 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 , ) Sec 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 , ) Sec 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 of the General Statutes and the City of New Britain Code of Ordinances. (Res. No , ) Sec 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 , ) Sec 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 7 23

24 as an alternative of last resort and shall be utilized only when other reasonable alternatives do not exist. (Res. No , ) ARTICLE XI. HISTORIC BUILDINGS - DELAY OF DEMOLITION Sec 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 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 (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 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 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. 8 24

25 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 9 25

26 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, or association 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 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 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

27 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 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 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 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 (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 (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

28 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, the Director 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

29 Upon determination by the Common Council upon recommendation from the Historic 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