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IUOE

CT Construction Digest Thursday March 5, 2020

Hearing loud noises at night? Electric Boat is the culprit.
Julia Bergman           
Groton — For Lauren Nichols and her family, the construction going on at Electric Boat's shipyard has been a daily disturbance.
The 35-year-old Nichols, who lives with her husband and two small children on Chapman Street just several hundred feet from where the construction is taking place, said for several weeks now she's been hearing loud noises late in the evening, which have kept her up at night.
Nichols said she has noticed cracks in the foundation of her house that she said did not appear until after construction started. She alerted EB and the company sent over an independent home contractor but the contractor could not confirm for certain that it was due to the construction.
Nichols is among a group of residents, living near the submarine builder, who have complained about the noise to the City of Groton.
Mayor Keith Hedrick said the city is regularly receiving complaints and has been serving as a conduit between residents and EB, which is planning a meeting later this month to discuss the project with residents and city leaders.
"We take the feedback from the city and community seriously and will be inviting the neighbors and a few members of city government to a meeting later this month, like several we have held previously, to discuss project progress, answer questions and address concerns," Liz Power, spokeswoman for EB, said by email.
The company is in the midst of an $850 million expansion of its Groton headquarters, the centerpiece of which will be a new 200,000-square-foot building, where a new class of ballistic missile submarines will be assembled.
Current work involves what is known as drilled shaft activity, to put structural support in place for the new building, which is "expected to be the loudest and most consistent work operation on the project" and is scheduled to be complete by the end of July, Devin Xenelis, director of real estate and project planning at EB, said in a Feb. 27 email to Groton City Planner Dennis Goderre.
EB is operating within the conditions of the permit authorized by the city, which says work must be done between 6 a.m. and 2 a.m. No work can be done on Sundays or holidays. But Hedrick said he is appealing to EB to do the noisiest work during the day, rather than at night. He said he has asked the city attorney to review the permit to ensure the work being done is consistent with what's been authorized.
Prior to the start of the project, residents in the immediate area expressed concerns such as increased traffic, fear that their property values would decrease, the possible loss of their view of the Thames River and New London, and the noise and congestion that come with living next to an active construction site.
EB arranged meetings between the neighbors and project officials as well as a tour of the shipyard, and also offered to buy 12 homes on Eastern Point Road as a way to address the concerns of neighboring homeowners who would be most impacted by its shipyard expansion plans. Of those, the company has purchased eight homes. One offer is pending while two homeowners rejected the offers, and one is in probate. The company also hosted a public meeting in September 2018 to present its expansion plans to the public and solicit feedback.
Nichols and her husband attended that meeting but said since then the company has not prioritized residents' needs. She's been appreciative of the city's response but said she is looking forward to talking to EB directly.

Developers sue to overturn denial of cluster housing in Orange
Pam McLoughlin
ORANGE — A controversial proposal to build multi-family housing on Turkey Hill Road recently was shot down through a denial by the Inland Wetlands & Watercourses Commission, but it’s far from over as the developers have filed suit, asking the court to overturn the decision.
The lawsuit was filed in Superior Court in Milford by attorney Kevin J. Curseaden on behalf of the developers, Midland LLC, 179 NB LLC and Genvest LLC.
The developer is proposing 10 buildings with a total of 60 bedrooms, as well as a community building, on 22.5 acres on Turkey Hill Road near Route 15. There are four parcels owned by three people, and five wetlands on the site. The project does not directly touch wetlands, but residents petitioned for a review and approval process.
The application was hotly contested by residents at a public hearing that spanned weeks, some even hiring a high-profile attorney. First Selectman James Zeoli also said publicly that he doesn’t think the project is the right use for the property.
The suit claims the commission’s decision to deny the project was “unreasonable, improper, illegal, arbitrary and constitutes an abuse of the discretion, responsibilities and duties vested in it by law as an administrative agency,” for many reasons, including:
— The commission “failed to state any lawful or valid reason,” for denying the application.
— The commission’s decision was “pretextual and is based upon conjecture, speculation and generalized fears.”
— The decision “ignores substantial evidence in the record that the application will not have a significant adverse effect upon a wetland or watercourse.”
— The commission “improperly interpreted its regulations.”
— The decision “unconstitutionally deprives the plaintiffs of their property rights.”
— The commission, “Ignored its own experts’ opinions that the plaintiffs satisfied their concerns.”
Town attorney Vincent Marino couldn’t be reached for comment on the lawsuit. Jeffrey Gordon, president of Codespoti & Associates, who did much of the talking at the hearing, declined to comment because of pending litigation.
Curseaden said during one of the hearing sessions that the application was “sound” but not “popular,” and would meet a significant need in the community for affordable housing.
Representatives for the developers have said that once they got past Inland Wetlands & Watercourses Commission approval they likely would file for Town Plan and Zoning Commission approval under the state’s 8-30g affordable housing statute. Such applications are difficult for towns to deny, and denials usually are overturned after costly appeals.
In denying the application, the commission cited concern about wood frogs and their habitat on nearby property; said the application was incomplete; said there were gaps in the data provided;and said the developer didn’t submit detailed construction plans for some aspects of the project.
The commission also said more details were needed on plans for septic systems and leaching fields and that the applicant did not investigate a watercourse east of the site.
The commission also said there was insufficient information on the impact on the wetlands if ledge were to be blasted or hammered during construction.
Before issuing a decision, the commission met to discuss the application once the public hearing was over and it was apparent members were poised for denial. Commission members — including some who had not asked questions during the hearings — expressed concerns at that meeting about septic systems, water runoff filtration and other issues.
At the request of residents, the developer hired two outside experts to review the proposal, as ordered by the commission.
Residents have voiced concerns over how the development’s density, septic systems and other parts of the design would affect nearby wetlands. Opponents also said the plan would negatively affect the single-family neighborhood atmosphere they’ve worked for years to maintain.
Bryan LeClerc, an attorney for two residents opposed to the project, said the application was incomplete; that there were no detailed construction plans for facets related to wetlands; there wasn’t enough of a global look at the ecological elements of the site; and there were problems with plans for sewage disposal.
 
Hartford inks development agreement to kickstart $200M DoNo project
Joe Cooper
The city of Hartford on Wednesday announced it signed a development agreement with the Stamford developer planning to build a $200-million housing and retail project on city-owned land surrounding downtown’s Dunkin’ Donuts Park.
The deal between the city and RMS Cos., led by founder and CEO Randy Salvatore, keeps the Downtown North (DoNo) project on track to break ground this spring, officials say. Salvatore last week said construction could begin sometime in April.
In the first phase of development on “Parcel C” along Main Street, RMS is planning to build about 270 apartment units, 11,000 square feet of retail and “flex” space and a parking garage with 330 spaces. The first phase will cost approximately $50 million, city officials said Wednesday.
The quasi-public Capital Region Development Authority (CRDA) has pledged $12 million towards RMS' first-phase development.
Salvatore, which the city selected as its preferred developer for the DoNo parcels, began to move forward with the project last summer after a Superior Court judge discharged the liens on the parcels around Dunkin’ Donuts Park. RMS in recent weeks has been conducting inspections and other due-diligence work, city officials say.
With the development agreement signed, Bronin said the city and RMS can begin what will be one of the city’s “most significant development projects in decades.”
“Four years ago, we inherited an off-the-rails stadium construction project, and many people doubted whether the broader development project would ever move forward,” he said. “We stood our ground and fought hard to clear a path, and thanks to the hard work of our team and the patience and commitment of our new partner, we will soon see the first phase of construction…”
Salvatore has said the mixed-use development could be completed in six years or so, housing up to 1,000 new apartments and a full-service grocery store.

Mike Handler, former Stamford official, takes job with developer BLT
Angela Carella
STAMFORD — Michael Handler, the city’s former director of administration who retired from the cabinet post last week, has taken a job with developer Building and Land Technology.
Handler will join BLT’s executive committee, according to a statement from the company.
“An experienced and devoted public servant who has also had a successful private-sector career, Mike joins Co-Presidents Ted Ferrarone and Kevin Neuner on a team committed to exploring the benefits public/private partnerships can yield for Connecticut and on a national level as we continue on our mission to create and enhance vibrant ecosystems where individuals can live, work, play and stay,” the BLT statement reads.
When Handler retired from Mayor David Martin’s cabinet, Michael Pollard said it was so Handler could spend more time with his family.
“He made no reference to another job or other opportunity,” Pollard, Martin’s chief of staff, said at the time.
Handler included a statement in the BLT press release, saying, “Having spent the past eight years working to improve Connecticut in civil service, I have gained an appreciation for the government’s strengths and identifying opportunities for improvement. Building and Land Technology is in a premier position to partner with municipalities, and I am thrilled to be a part of this dynamic team.”
Handler, who headed the Stamford Asset Management Group made up of city and Board of Education officials who were working to repair school buildings, devised a plan to replace the buildings by having the city partner with a private developer.
According to the plan, five school buildings would be signed over to a developer to reconstruct them, then manage them. The developer would then lease them back to the city for a period of 45 to 90 years.
Handler requested a total of $1 million to explore the plan by seeking proposals from developers and beginning to acquire “swing space” for students and staff to use during construction. The Board of Representatives refused to appropriate the funding.
Handler did not immediately respond to requests for comment.
 
Amid disagreement, tribes reaffirm commitment to East Windsor casino
Eric Bedner
HARTFORD — Tribal leaders reiterated Tuesday their intention to build a casino in East Windsor, but talks between them and Gov. Ned Lamont have hit a roadblock with the governor saying they shouldn’t have exclusive rights to sports gambling.
Several gambling bills, including dueling bills to legalize sports gambling, were the subject of a public hearing before the Public Safety and Security Committee on Tuesday.
In response to an informational hearing last month, during which tribal leaders were grilled about the delay of construction of the Tribal Winds Casino in East Windsor, tribal representatives said they still intend to build the casino.
“We are committed to moving forward with East Windsor,” Rodney Butler, chairman of the Mashantucket Pequot Tribe, said. “We have $20 million already invested in the project, and no one would like to see a return on the investment more than us.”
He added that Lamont had urged the tribes to abandon the project in favor of a casino in Bridgeport.
Butler said Lamont tried talking the tribes out of East Windsor due to “continued fear of litigation and the discussions he was having with MGM at the time.”
“We have been pushed by the governor and some legislators to walk away from the project and we haven’t,” Butler said. “That should tell you all you need to know about our commitment to this state.”
He said progress is being made on a zoning dispute that has been the latest delay in construction of Tribal Winds.
“Simply put,” Butler said, “we cannot put a shovel in the ground until we have zoning approval.”
He added that the tribes have the support of both state and local lawmakers in resolving the zoning dispute.
Jared Baumgart, attorney for the Mashantucket Pequot Tribe, said he expects the zoning dispute to be cleared up “in the next few weeks.”
A comprehensive proposal from Sen. Catherine A. Osten, D-Sprague, would direct Lamont to come to an agreement with the tribes by Oct. 1 and would allow for both retail and online sports betting operated by the tribes.
Under the bill, the joint tribal venture MMCT would be required to make a minimum $100 million investment in a casino in Bridgeport.
It would establish entertainment zones in Hartford, New Haven, and another to-be-determined location, authorize internet keno, and extend the hours to serve alcohol at casinos from 2 to 4 a.m.
Butler said the measure would increase Mashantucket Pequot and Mohegan Fund distribution to all municipalities in the state by $88 million, bringing the total from $51 million to $139 million annually.
According to Butler, Manchester would receive $1.4 million and East Hartford would get $700,000 each year.
In addition, area towns would receive annual $750,000 grants. These towns include East Hartford, Ellington, Enfield, South Windsor, Windsor, and Windsor Locks.
Along with Osten’s bill, legislators also are considering a bill that would allow the tribes, Connecticut Lottery Corp., and the state’s existing off-track betting operators to provide sports betting.
“The governor supports the latter approach because it’s simpler, focuses exclusively on sports betting, and is therefore more achievable in this short legislative session,” Lamont spokesman Max Reiss said Tuesday. “It also builds upon the state’s existing partnership with the tribes, is more likely to withstand legal challenges from third party competitors, and promotes a fair and competitive sports betting market outside the tribes’ reservations.”
However, the tribes maintain that their existing agreements with the state grant them exclusive rights to sports gambling.
“Our position will not change on that accord,” Butler said, adding that “there is no question” the tribes would withhold their roughly $250 million annual contribution to state coffers while the legality of other entities being allowed to operate sports betting was litigated.
Reiss noted that Lamont negotiated with tribal leaders last year in an attempt to reach a consensus, but neither tribe was willing to accept the governor’s plan.
“The governor is committed to a fair resolution that brings Connecticut’s gaming economy into the 21st century,” Reiss said. “He wants to sign a sports betting bill into law over the next few months. Any such proposal, however, must be designed to avoid and withstand endless legal challenges, include multiple, competing mobile platforms off the tribes’ reservations, and build upon the existing footprints of all of the state’s existing gaming operators.”
Osten questioned why lawmakers would consider allowing entities other than the tribes to operate sports betting, considering over the past 25 years the tribes have contributed close to $9 billion to the state without receiving any taxpayer dollars.
She noted that both existing tribal casinos are among the top 10 employers in the state, and are responsible for about $6 billion in construction.
“I’m a little confused when people want to tear apart relationships,” Osten said.
Gregory Smith, president and chief executive officer of the Connecticut Lottery Corp., argues the state has more to benefit financially if the lottery were to offer sports betting.
In addition to being provided online, Smith said he envisions sports betting being offered at locations in each of the state’s 169 municipalities, but not as widely as lottery games.
In light of the delay in East Windsor, some legislators are questioning the language authorizing the Bridgeport casino, and are urging the inclusion of language that would require the casino to be constructed, rather than simply allowing it.
Other concerns from legislators and members of the public are the societal impact of problem gambling and ensuring there are enough protections in the bill’s language to prevent fraudulent bets on collegiate athletics.