CT Construction Digest Tuesday August 15, 2023
Mollie Hersh
DARIEN — If Darien wants to fix all of its flooding issues across town, it may have to face a nearly $10 million price tag to do it.
A drainage study conducted by Tighe & Bond and posted on the town's website last month revealed a too-small, easily overwhelmed pipe and channel system serving the Grove Street and the Tilley Pond area as well as their $3.4 million recommended replacement.
The downtown areas around Grove Street Plaza, Tilley Pond Park and West Avenue were hit hard by flooding during the 2021 storms Elsa and Ida, prompting the town to investigate. The study, originally made available to stakeholders on April 17, was funded in part by local businesses including Baywater Properties, West Avenue Parking LLC, BG Bowl LLC and Grove Street Plaza LLC. It was posted on the town's website July 13 as part of the notice for a public information meeting originally scheduled for July 25.
The results come right on the heels of a similar study into the Salt Box Lane neighborhood, which, based on Tighe & Bond’s recommendations, would cost $6.4 million to fix.
Drainage near downtown consists of a combination of underground piping and open channels collecting water from sources including Tilley Pond, commercial businesses south of the Metro-North Railroad and residences on West Avenue and Squab Lane.
According to Tighe & Bond’s assessment, “the primary issues of the existing system appear to be the undersized pipes in conjunction with significantly sized drainage areas.”
The most critical areas for flooding were Grove Street Plaza and the West Avenue parking lot, the latter of which sits at a low point between Tilley Pond and the railroad.
Other issues identified included too-shallow slopes that would not be able to handle the flow of runoff from larger storms and at least one instance of a back-pitched pipe under West Avenue. The open channels can help with water storage, but larger storms exceed that capacity.
Tighe & Bond found that “portions of the existing system do not have the capacity to pass the 2- or 5-year storm events, or greater,” which is the equivalent of approximately 3.5 to 4.5 inches of rain over 24 hours. For comparison, a 100-year storm event like Ida dropped nearly nine inches of rain in seven hours.
Baywater Properties CEO David Genovese said the flooding in 2021 caused a “total mess” for buildings near Grove Street and some businesses faced “repeated minor floods that have really been problematic.
“I don't think it's a surprise that infrastructure that was installed 100 years ago when the town was a lot different is not sufficient for today's demands,” Genovese said.
To fix the capacity issues, Tighe & Bond recommended upsizing existing pipes and culverts and installing a new, larger parallel pipeline that bypasses the existing system near Grove Street and would direct water from West Avenue near the train station down toward Old Kings Highway and Goodwives River.
The system is designed to withstand the expected conditions of a 50-year storm, a similar scale to Hurricane Elsa, and limit ponding, or unwanted pools of water, in susceptible areas.
“The results of this alternate eliminates ponding in the Grove Street / Brook Street area, with ponding of approximately 3.75 inches at the West Avenue Parking lot area,” the report said. “Although some ponding is computed in this area, the resulting maximum water elevation is 49.84 feet, and would be localized to the low-lying catch basin structure in the parking lot, rather than spreading throughout the parking area.”
The price tag is not cheap, estimated at $3,473,000. While Tighe & Bond said this model would prevent the most flooding, “it is also the most expensive and creates the most construction disturbance.”
Town officials were already divided on the steep cost to fix Salt Box Lane’s system.
During the July 18 Board of Finance meeting, chairman James Palen recommended holding off on getting permits approved on the new Salt Box system until the town could fully commit the millions of dollars needed. The delay would add approximately six to nine months to a three-year construction timeline, according to Public Works director Ed Gentile.
Some improvements have already been made to fix flooding downtown. Genovese previously worked with the Department of Transportation on fixing some pipes in the area in 2007 and again a few years ago as part of the Corbin District redevelopment. The final report noted the improvements in the Corbin District had “sufficient capacity” to handle storm events.
Genovese also said he is working to implement temporary flood prevention measures including building a flood wall for Grove Street buildings to reduce the amount of water that gets through doors and entries.
As someone with firsthand experience replacing downtown pipes, Genovese said he would not be surprised if there was some hesitation given how large of an investment the flooding fixes will be. However, he said those affected by flooding in Darien, whether businesses or residents on Salt Box Lane, deserve to be protected.
“At some point you have to make these investments, because if you don't, you'll end up with buildings in your downtown that are now contributing to the tax rolls that won't be rentable,” he said. “We can't have buildings un-occupiable because of flooding due to bad infrastructure. That's not appropriate for a town like Darien.”
A more in-depth presentation about the issues and solutions for Grove Street and Tilley Pond is scheduled for Sept. 11 after being postponed from last month. A portion of the time will be dedicated to answering questions.
Developer appeals Bridgeport's revoked approval for 177-unit project at former Testo's location
BRIDGEPORT — As expected, the new owner of the former Testo's restaurant has formally asked the city's zoning board of appeals to restore a permit for a controversial 177-unit apartment complex with underground parking issued last fall and cancelled in late July.
“I don’t think there was any legal basis for revoking the permit," Stephen Bellis, the New Haven-based attorney hired by Amit Lakhotia and his Avon Commons limited liability corporation, said in an interview Monday.
Bellis recently filed a petition with the Bridgeport ZBA that will be scheduled for an upcoming public meeting of that volunteer group, appointed by the mayor and City Council. Should members not side with Bellis and Lakhotia, the next step is for them to file a lawsuit.
At issue is the July 27 decision by Paul Boucher, head of the municipal zoning department, to revoke the authorization his office issued last October for Lakhotia's development, located at Madison and Westfield avenues in the North End.
The original permit was sought and obtained by Bridgeport-based contractor John Guedes, prior restaurant owners Mario Testa, longtime Bridgeport Democratic Party chairman, and Testa's nephew, Ralph Giacobbe, with representation by the local Russo & Rizio law firm. That zoning application was submitted in late 2021, before new, more restrictive citywide land-use regulations took effect the following January that would limit the proposed four-story building's height to three and require ground floor commercial tenants.
The sale to Lakhotia and subsequent closure of Testo's was announced last November although that $3.5 million deal did not close until April. It also included a handful of neighboring vacant residential properties owned by Testa and Giacobbe.
Soon after, fencing and a sign advertising the future apartments were erected around the site, raising questions about whether such a large redevelopment would require a public hearing and subsequent vote by the city's zoning commission. In early May the mayor's office told Hearst Connecticut Media the zoning application from December 2021 had met the regulations at place at that time and had been issued. Guedes remained involved as Lakhotia's contractor.
As a result, neighbors of Testo's and elected officials and activists from that North End area pressured Mayor Joe Ganim's administration to intercede and either reduce the development's size or stop it altogether.
Ganim, a Democrat running for re-election and a close ally of Testa's, in early May announced he agreed with critics of the project and asked the municipal law department to analyze the situation. Boucher based his July 26 revocation on a legal opinion also released that same day that found deficiencies in the approval process attributed to zoning department staff and the applicants.
But by that point not only had the zoning permit been in place for several months, but the building department had issued an authorization for a foundation in mid-May and demolition permits July 17. The loss of the zoning approval resulted in the foundation permit also being revoked. But the demolition of Testo's and the vacant homes has steadily continued.
Bellis' application to the ZBA cites the legal concept of "municipal estoppel" as one reason for allowing Lakhotia to move ahead with construction.
Estoppel is a legal argument against "alleging or denying a fact because of one's own previous actions or words to the contrary."
"That kind of prevents a town from pulling the rug out from somebody once they've already issued an approval," Bellis said Monday. "Especially if the person had nothing to do with the application (but) relied on that approval and then spent time and money after getting a letter saying the project was approved."
Guedes, who these past few months has acted as a spokesperson for Lakhotia, has repeatedly argued that the purchase of Testo's was contingent on the zoning approval being in place.
"I represent an innocent purchaser of the property," Bellis said. "(He) did his due diligence and a letter was written by the zoning department saying he had approvals and he goes ahead and purchases the property for over $3 million and gets a $14 million construction loan based on those approvals."
The paperwork Bellis filed with the ZBA also claims "there are vested rights to build under a building permit and the municipality is not allowed to revoke the permit by making a different interpretation of the regulations ... particularly where on faith of it the owner has incurred material expense and substantial liabilities."
Tiadora Josef, a spokesman for Ganim, declined comment on Monday, citing pending litigation.
The ZBA, according to Bridgeport's website, has seven members, three of whose terms expired last year and the fourth's in 2015. That technically means the mayor and City Council could move ahead with replacing them.
And Guedes in a brief interview Monday reiterated his belief that, were this not a municipal election year, the 177-unit apartment complex would still be moving forward. He is also involved with far less controversial developments downtown that have been praised by the Ganim administration, including the transformation of the shuttered Holiday Inn hotel into apartments.
"Sometimes timing is everything and in this particular case it's timing," Guedes said.
Asked if he was worried about the ability of ZBA members to render an objective decision, Bellis said, "I've been practicing for 40 years. Listen, all ZBAs are somewhat political. ... I'm not going to concern myself with the local politics cutting in favor or against. That’s not why I was hired. I was hired to look at the law and see if we have a remedy and I believe we do. I'm counting on the ZBA to be impartial and to listen to both sides.”
Gary Kleeblatt
MIDDLETOWN — The historic former Shlien’s Furniture Co. building, located at 584 Main St. in the city's North End, was razed Saturday to make way for living and retail spaces, all part of $20 million in projects underway by developer Dominick DeMartino.
DeMartino, who is using funds provided by the city, the American Rescue Plan Act and the state Department of Economic and Community Development, plans to have a new structure in place there by the end of the year.
A familiar face within the community, DeMartino, 49, sits on the boards of the Middlesex County Chamber of Commerce, St. Vincent de Paul Middletown and the Middletown Police Athletic League.
The demolished circa 1880 structure will be replaced by a 3,400-square-foot Latin restaurant on the ground floor and 12 studio apartments above, all ready to open by the fall of 2024.
A Durham resident, DeMartino said he sees steady progress within Middletown, and predicts that with all of the development happening in and around the city, Main Street will be "the place to be."
It's all part of a multipronged downtown Main Street redevelopment with 10 or more components, including restaurants, a wine bar, retail businesses and housing that will be entering a new phase as the season rolls into fall.
Some of the businesses, including a Fresh Cutz barbershop on the Main Street block between Washington and Court streets, will begin serving the public in October. Meanwhile, the focus will move to another element of the project just down the block.
In October, DeMartino expects a wine bar to open at 418 Main St. operated by Tony Prifitera, proprietor of Sicily Coal Fired Pizza next door at 412 Main St. The restaurant and the wine bar will be connected through a passageway. DeMartino said construction is done, and all that remains is finishing work on the interior.
The basement will feature a speakeasy, also operated by Prifitera, which is expected to open in October.
In the rear of 418 Main St., facing the Melilli Plaza parking lot, a 15-chair barbershop will open in October. There will also be 10 loft apartments on the second floor: eight one-bedroom units and two two-bedroom units. The units have not been rented yet, DeMartino said.
In the fall of 2024, the project will move into its third phase, focused on 428 Main St. at the old Woolworth Building. Construction will start in September 2024 and be complete a year later, he said.
The building will feature a rooftop bar with an elevator to transport patrons between floors, a steak and chops restaurant on the main floor, a banquet/events facility in the basement, and yet-to-be-determined retail on the north side of the building.
DeMartino acknowledged that the complexity of the developments is challenging, but praised city officials for both financial support and making the process as friction-free as possible.
Middletown is supporting the projects with $2.54 million in grants that flowed from the federal government’s COVID-19 pandemic funding, as well as $2.6 million from the state Department of Economic and Community Development.
Mayor Ben Florsheim said he is happy to hear that city staff has made the process a smooth one.
“We are lucky to have a developer like Dominick in Middletown, and I am gratified he feels so positively about the city staff,” he said. “It’s been a great working relationship from our standpoint as well. Bobbye (Knoll Peterson, his chief of staff) in particular has done an outstanding job shepherding the various state, federal, and local funding sources to keep these projects on track.”
DeMartino emphasized that Middletown is in the ascent and that the entire project should be done in two years. “We’re committed to spending $20 million in the city or beyond,” he said. “That’s my goal by 2025.”
East Hartford mayor to lead State Contracting Standards Board in November
East Hartford Mayor Michael P. Walsh will be appointed chairman of the State Contracting Standards Board, following the resignation of the current chairman, Gov. Ned Lamont announced Friday.
In a surprise move, Walsh announced in early July that he will not seek re-election as mayor this fall.
Walsh will begin his new role with the State Contracting Standards Board at the end of his term in November, Lamont said.
The current chairman, Lawrence Fox, announced during a board meeting Friday morning that he was planning to step down in September. He has served as chair since 2018
The State Contracting Standards Board consists of 14 members who are appointed by the governor and the leaders of the General Assembly. The group is responsible for providing oversight related to state procurement. Board members are unpaid volunteers.
Walsh is known as a pro-business mayor who has championed several new projects in East Hartford.
“Mayor Mike has been intimately involved in the operations of town and state government for many years, not only through his role as mayor but also as a town finance director and a state strategic initiatives and accountability officer,” Lamont said. “He’s also worked as an accountant for one of our nation’s largest insurance companies and for a local public accounting firm. I trust that he will do well as the board’s chair.”
Walsh, who took office in November 2021, served as the town’s finance director from 1998 to 2019, and then as undersecretary of strategic initiatives and accountability for the Office of Policy and Management within the Lamont administration.
Before working for the town, he served for 11 years as the assistant director of financial reporting at Cigna. He also worked for six years as an accountant at a local public accounting firm.
“In every position I’ve served, my priority is to bring good government, which I define as the delivery of efficient and effective policies, procedures, and practices that demonstrate to the public that their government operates in a transparent manner, instilling confidence along the way,” Walsh said. “Delivering good government in this manner had served me and the agencies I’ve worked for well over the 40 years I’ve been involved, so everyone should expect the same from me in this role on the board.”
Developer plans $25 million apartment complex with $4 million in CT state aid
As a developer nears completion of two market-rate apartment towers in downtown New Britain, it’s planning to begin a third but with a twist: 20% of the units will be set aside for people with middle to low incomes.
The state is committing $4 million toward building The Strand, a movie theater-themed mid-rise tower that Jasko Development LLC intends to open in mid-2025.
Even though Jasko typically builds only market-rate housing, the company will enter the affordable housing business with The Strand by restricting rents on 20 of its apartments significantly. The other 80 units in the 100-unit building will be leased at regular market rate.
“This is an important piece for development now. This is really going to have a menu of options for people of all income levels now,” Mayor Erin Stewart said Friday.
Avner Krohn, president of Jasko, said a $500,000 grant from the city along with the state’s $4 million will make it feasible to build The Strand with an affordable housing component.
“If the state is going to solve its housing shortage, it’s going to take this kind of public-private partnership,” Krohn said.
Jasko has been preparing construction plans for months and wants to break ground later this year on the site, a vacant property alongside police headquarters on Chestnut Street. He hopes to have tenants moving in around summer of 2025.
The Strand will be themed after a well-known theater that once stood on the property, and Jasko plans a sweeping staircase as well as a grand piano in the lobby, and a marquee in vintage style facing the street.
“This is not going to be an industrial look. On the rooftop there will be fire pits, grilling areas, plants and trees and a movie screen,” Krohn said.
Krohn’s company has been the key player in a housing renaissance in downtown New Britain, where its 107-unit The Brit apartment complex is close to completion and its 114-unit The Highrailer is only six months behind it.
Both will have first-floor retail or restaurants, and the $25 million Strand building will, too.
“You need the density for a walkable downtown,” Krohn said.
Gov. Ned Lamont this week announced that $4 million from the Connecticut Communities Challenge Grant program will go toward The Strand. That funding program is run by the state Department of Economic and Community Development to create new jobs.
The administrations of Lamont and his predecessor, Dannel Malloy, both put significant state monies into fostering new apartments near the $570 million CTfastrak bus rapid transit system. The Strand, which will front on Main Street, is about a 2-minute walk from the CTfastrak platforms at the main New Britain station.
Jack Benjamin, the city’s planning director, called it “critical infill development,” and projected it will bring more residents and businesses to Main Street.
“This project will turn an underutilized parcel where one of our city’s most well-known theaters once stood into a beautiful, obtainable housing option for those looking to call New Britain home,” Stewart said.
Stewart noted that the state grant program is highly competitive, and called the Lamont administration’s funding a key to making New Britain’s downtown more appealing.
She said Friday that her administration has further possibilities for downtown development, but is also looking to the Arch Street corridor as a site for both new buildings and renovation projects.