Joint Appendix Vol I — Kelo v. New London

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SUSETTE KELO, THELMA BRELESKY, PASQUALE

CRISTOFARO, WILHELMINA AND CHARLES DERY, JAMES

AND LAURA GURETSKY, PATAYA CONSTRUCTION

LIMITED PARTNERSHIP, and WILLIAM VON WINKLE,

Petitioners,

v.

CITY OF NEW LONDON, and NEW |

LONDON DEVELOPMENT CORPORATION,

Respondents.

On Writ Of Certiorari To The

Supreme Court Of Connecticut

JOINT APPENDIX

Volume I, Pages 1 to 212

Horton, SHIELDS & Knox, P-C. INSTITUTE FOR JUSTICE

WeEsLeY W. Horton* WILLIAM H. MELLOR

DANIEL J. KRISCH ' Scott G. BULLOcK*

90 Gillett Street DaNa BERLINER

Hartford, CT 06105 1717 Pennsylvania Ave., NW

(860) 522-8338 Suite 200

(860) 728-0401 (fax) Washington, DC 20006

(202) 955-1300

WALLER, SMITH & PALMER, PC.

Bowen B. Conan, (202) 955-1329 (fax)

52 Eugene O'Neill Drive SAWYER Law Firm, LLC

New London, CT 06320 Scott W. SAWYER

(860) 442-0367 The Jill S. Sawyer Building

(860) 447-9915 (fax) 251 Williams Street

Conway & LONDREGAN New London, CT 06320

(860) 442-8131

THOMAS J. LONDREGAN (860) 442-4131 (fax)

JEFFREY T LONDREGAN

38 Huntington Street Counsel for Petitioners

New London, CT 06320

(860) 447-3171

(860) 444-6103 (fax)

Counsel for Respondents

*Counsel of Record

Petition For Certiorari Filed July 19, 2004

Certiorari Granted September 28, 2004

COCKLE LAW BRIEF PRINTING CO (800) 225-6904

OR CALL COLLECT (402) 342-2831

JOINT APPENDIX TABLE OF CONTENTS

Volume I

Relevant Docket Entries from the Courts below................. 1

EXHIBITS FROM TRIAL HELD IN THE

SUPERIOR COURT, JUDICIAL DISTRICT OF

NEW LONDON IN JULY AND AUGUST, 2001

MAPS

Plaintiffs’ Exhibit TT — Fort Trumbull MDP Area —

TD AAT 3

Plaintiffs’ Exhibit VV — Fort Trumbull MDP Com-

posite Lanid Use Plan Map 3..................::ccccsseseeeseseeeeeenes 4

Plaintiffs’ Exhibit YY — Fort Trumbull Develop-

ment Site Plan dated October 10, 2000 ..................:.00000. 5

OTHER EXHIBITS

Plaintiffs’ Exhibit B —- Representative Statement of

Plaintiffs’ Exhibit I - New London Development

Corporation (NLDC) Board’s Record of Vote and

Resolution dated October 16, 2000 .............225 ence, cee co]

Plaintiffs’ Exhibit II — Letter to George Milne frein

Claire Gaudiani dated December 15, 1997................... 18

Plaintiffs’ Exhibit PP1 - Email to George Milne

from James Serbia dated October 21, 1998.................. 21

Plaintiffs’ Exhibit PP2 - Letter to Dr. Claire

Gaudiani from George Milne, Jr. dated March 8,

il

JOINT APPENDIX

TABLE OF CONTENTS - Continued

Defendant NLDC’s Exhibit 12 - New London City

Counsel Resolution of January 18, 2000, author-

izing the use of eminent domain .................:cccc0cccceeeeeeee 26

Plaintiffs’ Exhibit HHH - Memorandum from

Developer Marty Jones of Corcoran Jennison to

Joseph E. Corcoran, Gary Jennison, Scott

Dumont, Harry Nash and Eliza Edelsberg dated

SammaTY 1B, BOOB .cccrccsccocssessesteemmmseniiiiaaaan 30

Excerpts from Defendant NLDC’s Exhibit 38 - Fort

Trumbull Municipal Development Plan (MDP) Revised

Administrative Draft, August 1999

* Section 1: Introduction (pgs. 1-1 through 1-11

GHEY) -coceccscscoecsnsessnsannsiennnmpmtaasaae 83

* Section 3: Existing Site Conditions (pgs. 3-19

Caveughs 3-06 anlliy) ..ccccccosssesssensneistieimusasaeee 96

* Section 5: Proposed Improvements.......................- 108

* Section 9: Administrative Plan Summary............. 188

* Appendix A: Selection of and Rationale for the

Preferred Alternative — Fort Trumbull MDP

fT 190

* Proposed Land Uses Map 5.1..............c.ecccceeceeeeeees 212

Volumes II and III

Defendant NLDC’s Exhibit 34 - Draft Environ-

mental Impact Evaluation — dated November 10,

BGGD .....ccscessenssosscennsnssessnneme 213

JOINT APPENDIX

TABLE OF CONTENTS - Continued

Page

The following documents have been omitted ii. the

printing of this Joint Appendix. They may be found in the

Appendix to the Petition for Writ of Certiorari at the

following pages:

Opinion of the Superior Court of Connecticut,

Judicial District of New London, At New London,

Decided March 13, 2002 ...............ccccccceceeeeeeeenenees App. 191

Opinion of the Connecticut Supreme Court, De-

chddad Bharal ©, BODE. .......0.<00reseeeccssesesccccessscceccssscscee App. 1

Order of Connecticut Supreme Court Granting

Motion for Stay of Execution Pending Decision by

the United States Supreme Court, Decided April

GG cecnecesessencncscennsssenscszecessesecsnsssssnsesssscasensvess App. 425

Order of the Connecticut Supreme Court Denying

Motion for Reconsideration, Decided April 20,

1

RELEVANT DOCKET ENTRIES

Connecticut Supreme Court

CASE NUMBER SC 16742

Docket Text

Complaint

Answer of Defendants City of New London

and New London Redevelopment Agency

Answer of New London Development

Corporation

Memorandum of Decision

Plaintiffs’ Appeal

Cross-Appeal of Defendant New London

Development Corporation

Cross-Appeal of Defendants City of New

London and New London Redevelopment

Agency

Transfer Letter

Brief of Plaintiffs

Statement of the Issues of Plaintiffs

Brief of City of New London

Statement of the Issues of City of New

London

Brief of New London Development Corpo-

ration

Statement of the Issues of New London

Development Corporation

Reply Brief of Plaintiffs

2

9/20/02 Reply Brief of New London Development

Corporation

9/23/02 Reply Brief of City of New London

* - -

3/11/04 Supreme Court Decision by the Court

3/11/04 Supreme Court Decision by the Court

* - *

3/29/04 Motion for Reconsideration

3/29/04 Motion for Stay of Execution Pending

Decision by United States Supreme Court

4/20/04 Order Denying Motion for Reconsideration

4/20/04 Order Granting Motion for Stay Pending

Decision by United States Supreme Court

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6

PLAINTIFFS’ EXHIBIT B

NO. RED CV 00- SUPERIOR COURT

CITY OF NEW LONDON JUDICIAL DISTRICT OF

V. NEW LONDON AT

ROSE CIAVAGLIA, NEW LONDON

WILHEMINA J. DERY

aka WILHEMINA DERY

and CHARLES DERY NOVEMBER 6, 2000

STATEMENT OF COMPENSATION

The CITY OF NEW LONDON, acting by and through

the NEW LONDON DEVELOPMENT CORPORATION,

the Condemner, represents and states:

1. The Condemner is a municipal corporation located

in the County of New London and State of Connecticut.

2. The Condemner is acting herein by the NEW

LONDON DEVELOPMENT CORPORATION, its duly

designated development agency exercising the powers set

forth in Chapter 132 of the Connecticut General Statutes.

3. On October 16, 2000, the New London Develop-

ment Corporation duly voted to acquire the hereinafter

described property, and found that the convenience and

necessity of the Condemner requires the same, for the

purpose and effectuating the Condemner’s development

project plan.

4. The property to be taken pursuant to this State-

ment of Compensation is located in the City and County of

New London and State of Connecticut, consists of four

buildings or residences on one parcel of land known as 28

East Street, 79 Walbach Street, 81-83 Walbach Street and

7

87 Walbach Street and is more particularly bounded and

described in Schedule “A” attached hereto.

5. The names of all persons having a record interest

in the property are

ROSE CIAVAGLIA, WILHELMINA J. DERY

aka WILHELMINA DERY and CHARLES DERY

87 Walbach Street

New London, Connecticut

6. The Condemner has determined that the amount

of the compensation to be paid to the persons entitled

thereto for such property is $506,000.00, and this sum is

being deposited with the Clerk of the Superior Court for

the Judicial District of New London at New London in

accordance with the provisions of Section 8-130 of the

Connecticut General Statutes.

CITY OF NEW LONDON, acting by

the NEW LONDON DEVELOPMENT

CORPORATION

By /s/ Edward B. O’Connell

Edward B. O’Connell, of

Waller, Smith & Palmer, P.C.

Its Attorneys

SCHEDULE A

A certain piece or parcel of land, with the buildings

and improvements thereon, located in the City and County

of New London and State of Connecticut, more particu-

larly described as follows:

Beginning at the southwest corner of Walbach

and East Streets and running thence southerly

anc along the westerly side of East Street one

ay eS cincen (138 feet, more or less, to land

therl ide of Walbach Street; thence easterly

o> ant ans the southerly side of Walbach

Street one hundred eight and twenty-five hun-

dredths (108.25) feet to the point and place of be-

ginning.

PLAINTIFFS’ EXHIBIT I

New LONDON

DEVELOPMENT CORPORATION

RECORD OF VOTE

At its Board meeting on October 16, 2000, the NLDC

ae Le Cees cates, agke Ce as

attached:

Resolution 001016-1

Resolution 001016-2

Resolution 001016-3

The board voted in one new member, and will continue to

vote on new members at upcoming meetings. The new

member is Judge Antoinete Dupont.

Resolution 001016-1

WHEREAS, the New London City Council has designated

the New London Development Corporation, a nonprofit

development corporation, as its development agency

pursuant to the Connecticut General Statutes, and

WHEREAS, the New London Development Corporation

has prepared a project plan for The Fort Trumbull Mu-

nicipal Development Plan Area pursuant to Section 8-189

of the Connecticut General Statutes, and

WHEREAS, the project plan for The Fort Trumbull Mu-

nicipal Development Plan Area has been duly approved

and adopted pursuant to Section 8-191 of the Connecticut

Genera! Statutes, and

10

WHEREAS, it is necessary to acquire certain properties

located in the Fort Trumbull Municipal Development Plan

Area of New London in order to carry out and administer

said project plan, and

WHEREAS, pursuant to Section 8-193 of the Connecticut

General Statutes the New London Development Corpora-

tion has the approval of the New London City Council to

acquire by eminent domain properties within the Fort

Trumbull Municipal Development Plan Area.

NOW, THEREFORE, IT IS RESOLVED that the New

London Development Corporation, in the name of the City

of New London, acquire certain properties located in the

Fort Trumbull Municipal Development Plan Area of New

London through the exercise of the power of eminent

domain as granted to it under Chapter 132 of the Con-

particularly described as follows:

ADDRESS Map Bock Lot Owner

78 Smith Street 21 106 #£%1 Thelma Brelesky

72 Smith Street 21 106 2 CarolynA. Luzi

41 Goshen Street 21 106 8 Pataya Const. Ltd

Partship

49 Goshen Street 21 106 9 Pataya Const. Ltd

Partship

54 Goshen Street 22 107 24 Albert P. Anton

42 Goshen Street 22 107 28 Isabelle M. Rogovin

36 Walbach St. 22 107 30 Isabelle M. Rogovin

82 Trumbull Street 21 105 13 Foss & Bourke, Inc

8 East Street 21 105 11 Suzette T. Kelo

11

19-23 Smith Street 21 105 17 James R. & LauraA.

Guretsky

27 Smith Street 21 105 18 William von Winkle,

Trustee

31 Smith Street 21 105 19 William von Winkle,

Trustee

33-35 Smith Street 21 105 20 William von Winkle,

Trustee

216 Howard Street 22 107 32 William von Winkle,

189 Howard Street 22 101 20 Antoinette Farrell

195 Howard Street 22 101 21 Lillian M. Del-

Grosso, Trustee

53 Goshen Street 21 106 10 Pasquale & Mar-

gaerita Cristofaro

9 Walbach Street, 21 105 3 Rose Ciavaglia &

1-83 Walbach St., Wilhemina &

7 Walbach Street Charles Dery

28 East Street

11-13 Smith Street 21 105 14 Edward & Josephine

Johnson

IT IS FURTHER RESOLVED, that the New London

Development Corporation take such steps as are necessary

to effectuate such acquisition in the manner provided in

Sections 8-128 through 8-133 of the Connecticut General

Statutes.

CERTIFICATE

I, Garon Camassar, Secretary of the New London Devel-

opment Corporation, do hereby certify the above resolution

was adopted at a meeting of the Board of Directors of the

12

New London Development Corporation held on October 16,

2000 and that the said resolution is contained in the

minutes of said meeting on file in the New London Devel-

opment Corporation office, 165 State Street, Suite 313,

New London, Connecticut, and that it has not been modi-

fied nor rescinded whatsoever.

Attest:

/s/ Garon Camassar 10/16/00

Garon Camassar, Secretary Date

New London Development Corporation

New LONDON

DEVELOPMENT CORPORATION

NLDC BOARD RESOLUTION 001016-2

Whereas, the Fort Trumbull Municipal Development Plan

was approved on January 18, 2000 by the New London

Economic and Community Development, and

Whereas, the Corcoran Jennison Companies were se-

lected to develop a proposal for Municipal Development

Plan Parcels 1, 2, and 3 in accordance with the Municipal

Development Plan proposed land uses, and present their

proposed plans for the designated parcels, and

uses of the site was presented by Corcoran Jennison

Companies on October 10, 2000,

13

It is hereby resolved that the Board of Directors of the

New London Development Corporation approves and

concurs with the preliminary plan for the layout and uses

of Parcels 1, 2, and 3 of the Fort Trumbull Municipal

Development Plan as set forth in the Corcoran Jennison

Plan dated October 10, 200°.

CERTIFICATE

I, Garon Camassar, Secretary of the New London Devel-

opment Corporation, do hereby certify the above resolution

was adopted at a meeting of the Board of Directors of the

New London Development Corporation held on October 16,

2000 and that the said resolution is contained in the

minutes of said meeting on file in the New London Devel-

opment Corporation office, 165 State Street, Suite 313,

New London, Connecticut, and that it has not been modi-

fied nor rescinded whatsoever.

Attest:

Garon Camassar, Secretary Date

New London Development Corporation

NEw LONDON

DEVELOPMENT CORPORATION

NLDC BOARD RESOLUTION 00101€-3

Whereas, the Fort Trumbull Municipal Development Plan

Map 3.8 (Proposed Streets) details proposed streets in the

Fort Trumbull Municipal Development Plan Area, and

14

Whereas, the Fort Trumbull Municipal Development Plan

Map 5.1 (Proposed Land Uses) details the land uses

proposed for the Fort Trumbull Municipal Development

Plan area, including the land uses for Parcels 1, 2, and 3

in accordance with that plan, and

Whereas, a preliminary plan dated October 10, 2000 was

presented by Corcoran Jennison that details land uses

consistent with the Fort Trumbull Municipal Development

Plan in terms of use, intensity, and location; such plan

being received and approved by the Board of the New

London Development Corporation on October 16, 2000,

and

Whereas, the Fort Trumbull Municipal Development Plan

states that “More specific traffic and street plans will be

developed based upon ... further refinement of develop-

ment plans of the MDP area,” and

Whereas, said refinements are consistent with and not

substantial modifications of the Municipal Development

Plan,

Now therefore, It is hereby resolved that the Board of

Directors of the New London Development Corporation

approve the attached Map 5.1A and 5.1B as supplemental

documents to Map 5. 1 and Map 3.8 which more particu-

larly set forth descriptions of Parcels 1, 2, and 3 and

proposed streets.

It is further resolved, that the following text changes be

made to retain consistency with the plan as modified by

the supplemental maps:

Page 5-1;

- Proposed Land Uses for Parcel 1: add reference to

“health club and fitness facility” to description of

hotel/conference center complex.

15

Page 5-2;

Parcel 2; change parcel size to 6 acres. Add reference to

“This parcel will also accommodate approxi-

mately 25 extended stay hotel units.” Delete refer-

ence to Coast Guard Museum.

Parcel 3; change parcel size to 11 acres. Delete refer-

ence to health club complex.

Pages 5-24, 5-28, 5-29, 5-32, and 5-33;

Change references describing the principal pedestrian

spine, Village Green access, and division between resi-

dential and office parcels from “Smith Street” to “East

Street.”

CERTIFICATE

I, Garon Camassar, Secretary of the New London Devel-

opment Corporation, do hereby certify the above resolution

was adopted at a meeting of the Board of Directors of the

New London Development Corporation held on October 16,

2000 and that the said resolution is contained in the

minutes of said meeting on file in the New London Devel-

opment Corporation office, 165 State Street, Suite 313,

New London, Connecticut, and that it has not been modi-

fied nor rescinded whatsoever.

Attest:

Garon Camassar, Secretary Date

New London Development Corporation

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18

PLAINTIFFS’ EXHIBIT I

New London Development Corporation

181 Broad Street, New London, CT 06320

December 15, 1997

George M. Milne, Jr.

President

Pfizer Central Research

Groton, CT 06340

Dear George:

The directors of the New London Development Corpo-

ration are pleased to make the commitments outlined

below to enable you to decide to construct a Pfizer Central

Research facility in New London. This commitment 1s

presented in conjunction with the State of Connecticut and

the City of New London.

We have been working with the renowned firm of

Wallace, Roberts and Todd to design a land plan to ensure

that the new Pfizer facility will be the centerpiece of a

concentrated reuse of the area surrounding the former

New London Mills (see Appendix A). In addition to your

facility the project includes the development of the state's

fourth biotechnology incubator, the refurbishment of

historic Fort Trumbull, the reuse of the vacant Naval

Underwater Warfare Center and the development of

mixed retail and residential space that will be fully inte-

grated into the surrounding neighborhoods of the City of

New London. In order to achieve these goals, it will be

necessary to relocate the Calamari Bros. scrap dealer,

upgrade utilities and infrastructure, and acquire a number

of surrounding properties.

19 20

Based on the commitments from the state (see Appen- 5. Biotechnology Incubator - The proximity to the

dix B) and city (see Appendix C), the New London Devel- Pfizer research facility creates a tremendous op-

opment Corporation will: portunity to create another asset - a new bio-

technology incubator facility. The mission of this

1. Calamari Bros. - Acquire and perform environ- organization will be to support the early phase

mental testing on this site which will serve as development of biotechnology firms until they

the entry way to the research facility. The status are successful enough to move to permanent lo-

of negotiations are summarized in Appendix D. cations elsewhere in Connecticut. The location in

Environmental testing would be needed on the the project area will be a significant positive at-

current site and would require funding. The tribute in recruiting startup ventures to this fa-

cleanup costs of any contaminants found on the cility. Site acquisition costs and methods are

site prior to its transfer to Pfizer will be identi- outlined with other properties in Appendix E.

fied as part of the testing program and funds Additional funding will be needed for construc-

made available subsequent to the conclusion of tion or renovation of buildings and relocation of

testing current tenants

2. Surrounding Properties — Residential and com- 6. Former Naval Underwater Warfare Center — The

mercial properties in the area including aban- portion of this site, excluding Fort Trumbull

doned buildings and vacant lots will be acquired State Park and land occupied by the United

for integration into the overall design plan. States Coast Guard Station New London will be

Every effort will be made to ensure the highest acquired from the Department of Defense as de-

and best use of all properties. Consideration will scribed in Appendix I

Thank you very much for your consideration of this

and other roads. Appendix E describes estimated proposal. We will work with you to refine this proposal to

costs and the manner in which options will be meet Pfizer's requirements. We will also work closely with

acquired and the purchases executed. you at the appropriate time to plan an announcement that

3. Fort Trumbull State Park - Some of the sites is befitting the magnitude of this project.

mentioned in paragraph “2” above will be utilized Cordially,

in the development of Fort Trumbull State Park. lal

Appendix F outlines the Connecticut Department SL Gontianl

of Environmental Protection's timetable and plan. Clair . udian

4. Utilities and Infrastructure Upgrades - Utilities CLG:deb

and infrastructure in the project area will re- 97-667-2

quire upgrades in order to guarantee utilities

consistent with the requirements of the new fa-

cilities. See Appendix G.

21

PLAINTIFFS’ EXHIBIT PP1

Serbia, James

From: Serbia, James

Sent: Wednesday, October 21, 1998 1:42 PM

To: Milne, George M

Subject: Ft. Trumbull MDP

Importance: High

Dr Milne (Questions shown in red and CAPS)

I have left for you 3 drawings depicting some the latest

concept plans that NLDC has put together. There seems to

be some confusion regarding the expectation that Pfizer

(you in particular) has regarding development of the

peninsula (Something I know you have heard before — bear

with me). This confusion has caused some friction between

NLDC and DECD/DEP.

NLDC indicates that an original conceptual

saguthur tay Wdieas Ghats 98 ED sete

key meetings — one involving you/state/city/NLDC and the

other being the CMC meeting (IS THIS YOUR RECOL-

LECTION?). NLDC indicates that this plan represents

“the commitment” to Pfizer. The State feels that “the

commitment” is more along the lines of what is outlined in

the letters from DECD to Pfizer.

I think what it boils down to is whether or not Pfizer is

flexible regarding the development plans — | believe the

answer is yes per all of our previous discussions on this —

as long as some key components are included:

- a residential component which would be attractive to

professionals

— a hotel/conference component

22

_ treatment plant upgrades/state park/ete and commercial

or retail development to make the area an attractive place

to visit/work.

DOES THIS SOUND ABOUT RIGHT?

The State, from a public policy perspective, has difficulty

in supporting residential areas located in a floodplain, and

in condemning/taking an existing residential area and

replacing it with a more upscale residential district. They

do indicate that they can accomodate an upscale residen-

tial component, but that they would have some difficulty if

this portion of the development became substantial.

Can you clarify the following:

1. WOULD APPROXIMATELY 70-80 HIGH END RESI-

DENTIAL UNITS FIT WITH YOUR EXPECTATION?

2. THE LARGEST HOTEL AREA THAT IS CUR-

RENTLY SHOWN ON ANY OF THE PLANS IS FOR 250

UNITS. THIS SEEMS LOW TO ME. HIGH, LOW, OR

OK?

3. YOU MENTIONED THAT I SHOULD KEEP AN EYE

OUT REGARDING PLANS FOR AN AMPHITHEATER.

THE ORIGINAL WRT PLAN SHOWED ONE, BUT IT

DOESNT APPEAR THAT THIS IS STILL IN THE

PLANS. IS IT SOMETHING YOU WOULD LIKE TO SEE

OR IS IT SOMETHING WE WOULD PKEFER NOT BE

INCLUDED IN THE DEVELOPMENT?

Thanks for your help and patience.

Jim

23

PLAINTIFFS’ EXHIBIT PP2

Central Research Division

Pfizer Inc

Eastern Point Road

Groton, CT 06340

Tel 860 441 4844 Fax 860 441 6204

(LOGO)

Central Research

George M. Milne, Jr., Ph.D.

President

March 8, 1999

Dr. Claire Gaudiani

President, New London Development Corporation

Connecticut College

270 Mohegan Avenve

New London, CT 06320

Dear Claire:

On behalf of Pfizer Inc., | am pleased to affirm my support

of the New London Development Corporation's application

for an Economic Development Conveyance for the Naval

Undersea Warfare Center (NUWC) property.

Pfizer Inc is a research-based global health care company

that discovers, develops, manufactures, and markets

innovative medicines for both humans and animals. This

will be the he- dquarters for Central Research, Pfizer's

R&D Division, based in Southeastern, Connecticut. We are

building a $270 million Global Development Facility

(GDF) in New London to open by October 1, 2000. This

facility will employ more than 2,000 Ph.D.s, M.D.s and

other scientists, researchers, and clinical specialists. Our

New London expansion requires the world class redevel-

opment planned for the adjacent 90 acres in the Fort

24

Trumbull Municipal Development plan including the 16

acres of the NUWC property.

The Fort Trumbull area is integral to our corporate facility

and to the plan for the revitalization of New London to a

world class standard. The Amended Reuse Plan will

provide a waterfront hotel with about 200 rooms, a confer-

ence center and physical fitness area, extended-stay

residential units and 80 units of housing. We will use the

proposed hotel and conference facility as an extension of

our facility committing to 100 of those rooms on a daily

basis for visiting international staff and other profession-

als. In addition we require conference space and are

exploring a “virtual” Pfizer University to keep our re-

searchers up to date on the most recent breakthroughs in

biotechnology. The extended stay housing will provide for

researchers who often stay for periods of up to 3-6 months.

Year round quality housing is also crucial to recruiting top

scientists. The waterfront residential neighborhood envi-

sioned provides a one-of-a-kind housing option desired by

many of our employees. As a result, the NUWC property is

and has been key to our investment in the area.

We are prepared to enter into agreements with the NLDC

and developers to build the type of facilities we require,

but this is not just about Pfizer. The plan developed by the

NLDC is intended to transform New London and is des-

tined, we believe, to become a model for high impact, high

value public/private partnerships. We have also requested

the NLDC to expedite the development as quickly as

possible to meet our schedule and the OpSail 2000 target

for the unveiling of the new, New London. The transfer of

NUWC and the completion of the developments proposed

in the Amended Reuse Plan are fundamental to the

25

success of these effor's and of our Global Development

Facility in New London.

We greatly appreciate the assistance of the Department of

the Navy in making the Fort Trumbull and NUWC rede-

velopment a national example of which we may all be

proud.

Sincerely,

/s/ George M. Milne, Jr., Ph.D.

ce: Governor John G. Rowland, State of Connecticut

Timothy West, Mayor City of New London

26

DEFENDANTS’ EXHIBIT 12

MINUTES OF THE CITY

COUNCIL OF NEW LONDON

1/18/00 — 6

7.8 Fort Trumbull Municipal Development Plan

Upon motion of Councilor Burdick, seconded by

Councilor Curtin, it was voted 6-1: To approve resolution

number 011800-3 concerning the New London City Coun-

cil approving the Fort Trumbull Municipal Development

Plan and making certain findings. The Clerk reads the

resolution by title only, all Councilors having copies, and

the subject resolution is adopted by Roll Call Vote. Those

voting in favor: Burdick, Pero, West, Curtin, Nossek,

Hewett. Those voting against: Beachy.

RESOLUTION NUMBER 011800-3

Certified Resolution

By the NEW LONDON CITY COUNCIL approving the

Fort Trumbull Municipal Development Plan and making

certain findings.

WHEREAS, it is desirable and in the public interest that

the New London Development Corporation prepare a

Development Plan for a Municipal Development Project

for purposes of contributing to the economic welfare of the

municipality and the state pursuant to the provisions of

Chapter 130, Chapter 132 and Chapter 588(1) of the

Connecticut General Statutes as amended; and

WHEREAS, the New London Development Corpora-

tion prepared a Development plan for the project known

27

as bs Fort Trumbull Municipal Development Plan;

an

WHEREAS, the Fort Trumbull Municipal Development

plan was referred to the Planning and Zoning Commis-

sion of the City of New London and the regional

planning agency known as the Southeastern Connecti-

cut Council of Governments Regional Planning

Commission; and

WHEREAS, thereafter the New London Redevelop-

ment Agency held a public hearing on the Fort Trumbull

Municipal Development Plan on January 13, 2000, pursu-

ant to the provisions of local law, state statutes, Chapter

130 of the Connecticut General Statutes, as amended, and

thereafter approved said Plan; and the New London

Development Corporation held a public hearing on the

Fort Trumbull Municipal Development Plan on January

13, 2000, pursuant to the provisions of local law, state

statues, Chapter 132 and Chapter 588(1) of the Connecti-

cut General Statutes, as amended, and thereafter, ap-

proved said plan;

NOW THEREFORE, the New London City Council

hereby resolves:

(1) That the Fort Trumbull Municipal Development Plan

is hereby approved;

(2) That the land and buildings within the Fort Trumbull

Municipal Development Plan project area will be used

principally for industrial, business, housing and rec-

reational uses; that the land and buildings within the

boundaries of the Project Area will be used primarily

for economic base business purposes or business sup-

port services; and that the Plan is essential to the pur-

pose of redevelopment of the area;

28

(3) That the Fort Trumbull Municipal Development Plan

is in accordance with the City of New London Plan of

Conservation and Development, and that it is in ac-

cordance with the Plan of Development for the South-

eastern Connecticut Council of Governments Regional

Planning Commission;

(4) That the Fort Trumbull Municipal Development Plan

is not inimical to any statewide planning program ob-

jectives of the state or state agencies as coordinated by

the Secretary of the Office of Policy and Management,

(5) That the Fort Trumbull Municipal Development Plan

project will contribute to the economic welfare of the

City of New London and the State of Connecticut; and

(6) That to carry out and administer the project, public

action under Chapters 130, 132 and 588(1) of the Con-

necticut General Statutes as amended is required;

and, for the purposes of carrying out this project, that

the New London City Council approves and bestows

upon the New London Development Corporation all

rights and powers that are permitted to accrue to a

development agency or implementing agency under

Chapters 130, 132, and 588(1) of the Connecticut Gen-

eral Statutes as amended, including the power of emi-

nent domain with the project area in the name of the

City of New London per Chapter 130, Section 8-128,

and Chapter 132, Section 8-193.

(7) That all properties in the Fort Trumbull Municipal

Development Plan listed as “to be acquired” shall be

acquired prior to December 31, 2002, unless this date

is extended by the City Council.

(8) That the Chief Operating Officer of the New London

Development Corporation is hereby authorized to

submit the resolution of approval of the Fort Trumbull

Municipal Development Plan as approved by the New

London City Council to the Connecticut Department

29

of Economic and Community Devel

an y elopment for ap-

Upon motion of Councilor Pero, seconded by Councilor

Curtin, it was unanimously voted: To recess the meeting at

12 midnight.

Attest: /s/ Michael J. Tranchida

Michael Tranchida, Assistant City Clerk

30

PLAINTIFFS’ EXHIBIT HHH

MEMO

CORCORAN JENNISON

COMPANY, INC.

DATE: JANUARY 12, 2001

TO: JOSEPH E. CORCORAN

GARY JENNISON

SCOTT DUMONT

HARRY NASH

ELIZA EDELSBERG

FROM: MARTY JONES

COMMERCIAL OFFICE STUDY

ON NEW LONDON

&

Here is the commercial office study prepared by Jay

Hooper on New London. We need a document for NLDC to

show we are working on this. Please give me your com-

ments. We plan to seek brokers in February to keep the

community aware the deal is moving forward.

Harry is working on a detailed analysis of Building 2

systems which will be added to update the cost side of the

proforma.

CORCORAN JENNISON COMPANIES, INC.

MARKETING PLAN

FOR

COMMERCIAL DEVELOPMENT SPACE

Fort Trumbull Development

New London, CT

Corcoran Jennison Companies, Inc.

150 Mount Vernon Street, Suite 500

Boston, MA 02125

31

Table of Contents

1. Project Description

2. Market Study Summary

3. Commercial Development Program

4

Financial Feasibility Study of Commercial Develop-

ment

5. Conclusions of Financial and Market Study

6. Target Market for Commercial Space

7. Marketing Strategy

8. Marketing Execution Plan

9. Project and Marketing Schedule

10. Marketing Budget

11. Addenda

* Sample Draft of Broker Request for Proposals

* New London Office Absorption History

(Miner & Silverstein Appraisal Company)

* Comparable Office Lease Data

Project Description

Background

The New London Development Corporation (NLDC), in

association with the Connecticut Department of Economic

and Community Development (DECD), has undertaken a

municipal planning project targeting an area adjacent to

the Thames River in New London, Connecticut. Known as

the Fort Trumbull Municipal Development Plan (MDP),

the MDP area encompasses approximately 90 acres

immediately south of downtown New Lond: n and adjacent

to historic Fort Trumbull, which has been developed into a

32

state park. The principal catalyst for development in this

area is the construction of Pfizer Inc.'s 790,000-square-foot

Global Development Facility immediately south of the

MDP area. This facility is the headquarters for Pfizer's

worldwide research operations.

The NLDC selected Corcoran Jennison Companies as the

developer of a 30-acre waterfront parcel adjacent to Fort

Trumbull. The majority of the parcel consists of the U.S.

Navy's closed Naval Undersea Warfare Center (NUWC).

The balance is made up of an aging working class

Project Description

Corcoran Jennison Companies has proposed a mixed-use

development, to include a four-star hotel, housing, and

commercial space, for the 30-acre parcel. The attached site

plan, labeled the Fort Trumbull Development Plan, depicts

the latest proposed development plan for the Fort Trum-

bull site. New public roadways and infrastructure will be

built to support the development. Total development costs

are projected to be approximately $100 million.

The hotel will be situated on the northernmost section of

the site. The re. sential development will be located on the

southeastern portion of the site, adjacent to the existing

Coast Guard rescue station facility and north of Fort

Trumbull. The commercial development will be located on

the southwestern portion of the site; an existing Italian

Dramatic Club located here will be kept and incorporated

walk” a waterfront park along the shoreline. It will con-

nect to the Fort Trumbull State Park, and provide

33

opportunit®.» for the general public to walk, bike and

picnic alo» * se water.

Hotel/Conference Center

The proposed hotel development is a key component to the

overall transformation of the Fort Trumbull area. An

extension of Nameaug Street, to be built as a tree-lined

boulevard, will be the gateway to the hotel, leading guests

from Walbach Street to the hotel. The planned hotel will

be built in two phases and will consist of 225 rooms, a

12,000 square foot of conference/meeting facility, and a

restaurant when completed. Construction will commence

on the first phase of 100 rooms as soon as possible, which

is anticipated to be August 2001. The hotel will be de-

signed with considerable green space around it, as well as

lots of glass to take advantage of sweeping views of the

Thames River, Long Island Sound, and downtown New

London.

Residential

The proposed residential development consists of a three-

story, 24-unit extended stay inn with furnished apart-

ments, a six-story, 48-unit apartment building; and 40

two- and three-story townhouses arranged in three tradi-

tional urban clusters near the cove. The residential devel-

opment will be used to focus activity toward the water.

The Riverwalk, which will be a dedicated public pedes-

trian and bicycle path that runs along the water's edge

and connects the Fort Trumbull development with Fort

Trumbull State Park and the Pfizer development, will be a

valuable amenity for the residential development.

Commercial

At present, approximately 300,000 square feet of commer-

cial space is envisioned for the site. This will be comprised

of an existing commercial building containing approxi-

mately 91,000 gross square feet, identified as Building 2

by the U'S. Navy, and two proposed buildings of 100,000

square feet each. The MDP called for the inclusion of office

er bioscience-related commercial space. While the new

buildings could be developed for either use depending

upon market conditions, the existing Building 2 is best

Building 2 is a four-story, steel frame, brick and glass

structure completed in 1991 as sonar research and devel-

opment space for the Navy. It is in reasonably good condi-

tion and can be easily renovated to Class A office space for

the New London market. The new buildings will be sited

between Building 2 a d Walbach Street and will be devel-

oped as market conuitions warrant.

Figure 1.1-2

Project Location Map

+

OFF.

tv of New London FEMA ad US Navy (aerated for piawurg

cere. 4

'Alore & MacSmcr --

m. ifumbul] MDP Area - New London, Connecticut

“aft Environmental impact Evaluation - November 1998

- ea HA ic Sows ocike

as DS overages 2-cioped 5

Site Plan

Fort Trumbull Development Plan

Corcoran Jennison Companies

William Rawn Associates, Architects

10 Tremont Street

Bos'on MA

02108

October 10, 2000

Q0U000

LEGENO

PROPOSED MOTEL nets —

PROPOSED MOTEL SUPPORT ——s

PROPOSED MOTE! (O88 Cc)

PROPOSED OTF. OES leumant

PROPOSED MOTEL FiTHESS

LE

38

Market Study Summary

OFFICE MARKET

The New London commercial real estate market is con-

tinuing its recovery from the last recession of the early

1990s. While rental rate and occupancy trends have been

generally positive over the past few years, market values

are still well below replacement cost and new construction

is generally not feasible. As a result, little new construc-

tion has taken place over the last decade in the New

London area. The following discussion provides a sum-

mary of the New London commercial/office market. The

chart on the following page presents a snapshot of the

New London office market as of October 2000.

Supply

New London contains approximately 815,000 square feet

of Class A and B office space, with approximately 545,000

square feet considered Class A and approximately 270,000

considered Class B. Most of New London’s Class A space

was built in the 1980s. Roughly one-half of the Class A

space is located in Shaw’s Cove Business Park, which

currently consists of six buildings containing approxi-

mately 275,000 square feet. Shaw’s Cove is located be-

tween downtown New London and the Fort Trumbull

development. The vast majority of the Class B space is

located in downtown New London.

New construction activity in the market has been minimal

and generally limited to end-user/owner-occupant facili-

ties, such as the new space under construction for Pfizer.

There are two proposed developments of Class A space

that are commonly mentioned in the marketplace, one in

39

New London and one in nearby Groton. These develop-

ments are as follows:

Shaw’s Cove 7 & 8, New London

Propesed 60,000 to 70,000 s/f in 2 buildings

Developer — Julian Enterprises

No pre-leasing activity to date

Asking $20.00 Gross

Considering ground floor retail due to greater

demand

U.S. Prop >rties, Inc. —- marketing/leasing agent

Mystic Executive Park, Groton

Proposed 104,000 s/f

4 Stories (26,000 s/f floorplates)

Located at Exit 88 off Rt. 95 adjacent to Mar-

riott Hotel under construction

¢ Developer —- Wolman’s/Waterford Hotel Group

¢ No pre-leasing activity to date

* Asking $23.00 Gross (includes basic tenant

improvements)

CB Richard Ellis — marketing/leasing agent

40

NEW LONDON OFFICE MARKET SURVEY

October 2000

Source: U.S. Properties, Inc.

Available

Property _ Address Built Size (S/F) S/F Vacancy Rate Comments

ClassA 1 Shaw’s Cove One 1984 12,492 - 0.0%

1 Shaw’s Cove Two 1986 31,228 790 2.5% $20.00 Gross

1 Shaw’s Cove Three 1988 70,286 8,300 11.8% $20.00 Gross

1 Shaw’s Cove Four 1988 32,731 - 0.0% Medical Building

1 Shaw’s Cove Five 1989 37,114 2,155 5.8% $20.00 Gross

1 Shaw’s Cove Six 1990 89,000 2,841 3.2% $20.00 Gross

2 Columbus Corner 470 Bank Street 1989 21,632 - 0.0%

3 Mariner Square 125 Eugene O’Neill Dr. 1982 84,000 1,000 * 1.2% $20.00Gross 26,000 s/f for sublease

4 Citizens Bank 63 Eugene O'Neill Dr. 37,414 1,400 3.7% $14.00NNN

5 194 Howard Street 1984 47,000 - 0.0%

6 Union Plaza 1 & 2 1968 52,480 4,000 7.6%

7 400 Bayonet Street 1987 30,617 4,800 15.7% $19.00 + Elec.

Subtotal 545,994 25,286 4.6%

ClassB 8 A & T Technical 238-258 Bank Street 58,518 21,000 35.9% $12.00 NNN

9 Columbus Park Howard Street 1988 25,000 1,300 5.2% $13.50 Gross

10 Harris Place 165 State Street 1885 66,354 13,985 21.1% $14.00 + Elec.

Manwaring Building 225 State Street 25,848 25,848 100.0% $14.00 + Elec.

Exchange Building 190 Governor Winthrop 1935 41,000 26,950 65.7% $11.00 + Elec.

Dewart Building State Street 1914 43,896 43,896 100.0% N/A Temporarily off market

19 Jay Street 9,300 9,300 100.0% $14.00 NNN

Subtotal 269,916 142,279 52.7%

Class A & B Totals 815,910 167,565 20.5%

* . Excludes sublease space

41

Another proposed development that could impact the New

London market is the planned development of the former

Norwich State Hospital, located north of New London in

Norwich, CT. A master plan was recently unveiled for

turning the 470-acre site into a 3 million square foot office

park. No prospective tenants have been announced,

although discussions reportedly have occurred in the past

with Pfizer. Spaulding & Slye Colliers is marketing this

site.

While New London has limited land available for new

commercial construction, some additional parcels will be

made available in the Fort Trumbull MDP area for devel-

opment subsequent to the development of the Fort Trum-

bull site. Additionally, the surrounding region has

abundant land available for commercial development

should future market conditions warrant it.

Based on conversations with people connected with the

proposed office developments, replacement cost for new

office development is estimated to be between $120 and

$150 per square foot, depending upon construction, type of

Demand

As can be seen in the preceding chart, although the overall

market exhibits a 20.5% vacancy rate, the Class A market

is quite healthy, with only 4.6% of the Class A space not

leased. If the 26,000 square feet available for sublease in

Mariner Square were included, then the Class A vacancy

rate would rise to 9.4%, which is still not an unhealthy

level for the market.

42

The Class B market, on the other hand, is clearly strug-

gling with over half of the space presently unoccupied.

Brokers, however, report that much of the Class B space is

functionally obsolete and has inadequate and/or inaccessi-

ble parking, which exacerbates the vacancy level.

A report published by Miner & Silverstein Appraisal

Company (see Addenda) indicates that there has been

positive demand for Class A & B office space over the past

four years. Between October 1996 and October 1999,

approximately 185,000 square feet were absorbed in New

London. As of November 1999, Miner & Silverstein had

forecast additional absorption of approximately 25,000

square feet through mid-2000; based on market informa-

tion provided by U.S. Properties, actual absorption

through October 2000 appears to have exceeded this

projection.

Brokers indicate that typical tenants in the market re-

quire between 3,000 and 7,500 square feet of space. While

there are some requirements between 10,000 and 20,000

square feet, reportedly there are relatively few above

20,000 square feet. Given the relative size of the New

London market, this would appear reasonable.

Typical office tenants in the New London market include

the “Main Street” mix of lawyers, accountants, and medi-

cal practitioners, as well as other service-oriented compa-

nies, community organizations, and government agencies.

Some of the larger users in New London are Pfizer, Gen-

eral Dynamics, CSC (Computer Science Corp.), and Or-

tronics. Ortronics, which reportedly recently tripled in size

to 36,000 square feet, is in the telecommunications and

structured cable industry.

43

It should be noted that over the past few years, Pfizer has

represented one of the largest sources of demand in the

southeastern Connecticut region, buying or leasing large

blocks of space outside of its Groton campus and its New

London campus that is under construction. Reportedly,

Pfizer will remain in the vast majority of this space as it

occupies its new Global Development Facility being built

in New London.

According to local brokers and business people, New

London has experienced limited organic growth, aside

from Pfizer, in recent years. In addition, the region has

experienced very limited growth as a result of companies

relocating to the area to be proximate to Pfizer or other

companies. Nonetheless, one source of future demand for

commercial space may be the result of companies doing

business with Pfizer that desire proximity to the new

Global Development Facility. Brokers have noted a few

inquiries from companies representative of Pfizer-related

demand, but no significant demand has been evidenced

over the past several years.

Rental Pricing

Recent leases for Class A office space in New London show

rents ranging between $18.00 and $21.00 per square foot,

on a gross basis with the tenant only paying for the

additional cost of janitorial cleaning within the leased

premises. A summary of comparable lease data over the

past three years has been included in the Addenda for

reference purposes. Lease terms are typically between 5

and 10 years, with smaller tenants sometimes wanting 1-

to 3-year terms and larger tenants sometimes executing

15-year terms.

44

Tenant improvement allowances vary based on recent

deals. With the market tightening, some deals have been

done with no or minimal (painting and carpet cleaning)

tenant improvements. On the other hand, some deals in

Shaw’s Cove Business Park have had tenant improvement

allowances around $15.00 to $17.00 per square foot.

Operating Expenses

Brokers indicate that operating expenses, including real

estate taxes and utilities, for office buildings in New

London generally vary between $6.00 and $7.00 ~per

square foot. Of this amount, real estate taxes general!»

range between $1.00 and $2.00 per square foot. Typical

real estate taxes for buildings in Shaw’s Cove are between

$1.70 and $2.00 per square foot. Utilities usually comprise

between $1.50 and $2.00 per square foot, with the balance

reflecting common area and other operating expenses.

Sale Prices

Recent sales of office buildings in New London have

ranged between roughly $40 and $70 per square foot. The

two most recent sales of larger Class A buildings sold for

prices ranging between approximately $57 and $67 per

square foot. The only office buildings curren‘*ly being

marketed for sale are Class B properties with asking

prices ranging between $26 and $63 per square foot.

BIOTECH/BIOSCIENCE MARKET

The biotech/bioscience market is in its infancy in Con-

necticut. Aside from Pfizer, a biotech/bioscience market

does not really exist in the New London area. Connecticut

45

is promoting a bioscience cluster concept, with New

Haven, Hartford, and New London being the three loca-

tions targeted for developing the cluster concept. Although

New Haven is making some progress in attracting biosci-

ence companies, New London and Hartford have not had

any meaningful success to date.

New Haven has two major developments either underway

or proposed. One is Science Park, an 80-acre master

planned site that will include renovation and new con-

struction of office, laboratory, and research and develop-

ment space. Lyme Properties has recently been selected to

take over development of the project, which will be in

excess of 1 million square feet. The other development is

the Hamden Bioscience Campus, a proposed 1 million

square foot park for biotech/bioscience companies.

The general impression in the market is that, at this time,

it is difficult for New London to compete with New Haven

for biotech/bioscience users. New London has a competi-

tive disadvantage in that it lacks a major university that

grants post-graduate degrees and a major research hospi-

tal, as well as significant venture capital money to support

emerging companies. SECTER, a southeastern Connecti-

cut business recruitment organization, indicates that they

have been unable to generate any interest for bioscience in

the New London area for the past few years.

With development costs for bioscience space generally in a

broad range between $250 and $350 per square foot,

depending on the tenant improvements required, it is not

economically feasible to develop this space at this time

without an end user in hand that will pay the rent neces-

sary to support the cost. Ultimately, corporate or govern-

ment sponsorship will be required to create a feasible

46

environment for development of biotech/bioscience space

in New London. Connecticut Innovations, a_ state-

sponsored agency, has a $40 million Bioscience Facilities

Fund to support development of biotech, wet laboratory

space. To date, reportedly $20 million have been commit-

ted, almost entirely for companies in the New Haven area.

Funds are mainly for tenant improvement loans and

residual balance guarantees for lenders, and have yet to be

used to fund speculative real estate development.

Commercial Development Program

The commercial development program for the Fort Trum-

bull development will consist of at least two phases, and

possibly more depending upon the amount and type of

demand that is generated for the 200,000 square feet of

proposed commercial space. The first phase of commercial

development will involve the renovation and redevelop-

ment of the existing Navy Building 2 into a multi-tenant

Class A office building for the New London market. Future

phases will involve new construction of either Class A

office space or biotech/bioscience space, as demand war-

rants. The present plan for the proposed commercial space

includes the development of two 100,000 square foot

buildings along Walbach Street, south of the existing

Building 2.

Phase 1 ~ Office

Building 2 was built in 1991 and consists of a four-story,

steel-frame brick and glass office building containing

91,000 gross square feet. Preliminary analysis indicates

an approximate net rentable area of 86,000 square feet.

The building was constructed for single-tenant occupancy

47

and will require renovation to accommodate multi-tenant

occupancy as appropriate for the New London office

market. A first-floor lobby will need to be added, as well as

common area on each floor depending upon the space

requirements of future tenants. Also, the entrance to the

building is currently on the east side and most likely will

need to be relocated to orient it to the street grid planned

for the Fort Trumbull development. In designing the space

for multi-tenant occupancy, it should be kept in mind that

loss factors for common area, as generally accepted and

paid for by tenants, typically do not exceed 15%.

Building systems will need to be evaluated to determine

their appropriateness for reuse. It is known that a heating

system will need to be added because Building 2 was

previously heated by a system supporting several other

Navy buildings. Also, analysis will need to be completed to

determine whether the existing elevator and rest rooms

are adequate for multi-tenant office use in the current

market, or whether additions are required.

arking will be provided around the building, with excess

ae for the on future provided on the adjacent land

that will support the future commercial development. It is

anticipated that parking will be provided at market-

oriented levels, approximately 3.5 spaces per 1,000 square

feet of rentable area.

Future Phases - Office and/or Bioscience

The program for the future phases is uncertain and will

depend upon the type and quantity of demand that is

generated through marketing efforts. It is currently

envisioned that there will be two 100,000 square foot

buildings, most probably multi-story buildings. Given the

48

uncertainty regarding the demand/feasibility of bio-

tech/bioscience space, as well as the fact that any addi-

tional office development, in all likelihood, will be

subsequent to completion of Building 2, any design should

be kept flexible to accommodate various types of demand.

If biotech/bioscience space is programmed, the typical

product type involves single or multi-story space with floor

heights between 18 and 20 feet, wet lab improvements

(sinks, cabinets, and hoods), animal areas, filtration

systems, a small amount of office area, high HVAC capac-

ity, and heavy floor load capacity.

Consideration should be given to initially programming a

good quality “flex”-type building that could be expanded in

phases as demand warrants. This building would most

likely be one story and would have the look and feel of an

office building. However, it would have high floor heights

(20 +/- feet) to accommodate a variety of uses, such as

office, research and development, laboratory, and assem-

bly. Depending upon the interest generated through

broker marketing efforts, a small initial phase of 15,000 to

20,000 square feet could be built to test the market. This

strategy would allow for less upfront investment than pure

biotech/bioscience space, enhancing the potential feasibil-

ity, and would help compensate for the uncertain demand

at this time. _

49

Navy Bidg. 2.

50

Financial Feasibility Study

Of

Commercial Development

In analyzing the feasibility of the commercial development

space at Fort Trumbull, we have focused on the renovation

of Building 2. Considering market conditions, as well as

anticipated development costs and net operating income

levels, new construction of office and/or biotech/bioscience

space is not feasible at this time.

On the following pages, three scenarios are presented for

the renovation of Building 2. Each scenario involves a

different level of cost for the rehabilitation. A summary of

the major assumptions for each scenario is as follows:

Minor Moderate Major

Rehab Rehab Rehab

Total Development Cost $5,094,339 $6,737,530 $8,664,291

Per S/F $59.24 $78.34 $100.75

Hard Costs (Per S/F) $38.22 $51.95 $70.63

Soft Costs (Per S/F) $18.06 $22.48 $25.08

Construction Period 4months 6months 6 months

Lease-up Period 20months 18months 18 months

Market Rent $16.00 $20.00 $20.00

Equity Required $652,310 $105,581 $2,032,342

Unleveraged

Return on Development

Cost 13.9% 16.1% 12.0%

IRR (3-year Hold) 20.7% 30.3% 12.0%

Leveraged

Return on Equity 33.8% 318.7% 16.6%

IRR (3-year Hold) 46.1% 95.0% 10.2%

51

As illustrated, all three scenarios indicate the general

economic feasibility of redeveloping Building 2 given

current and anticipated future market conditions.

analysis presupposes that the remainder of the

Trumbull development proceeds as planned and

Building 2 is not an isolated development.

CORCORAN JENNISON COMPANIES

Confidential

FORT TRUMBALL

Building 2 Feasibility Analysis

Development Assumptions MINOR REHAB

Gross Area 91,000 s/f Market Rent $16.00 Per s/f

Rentable Area 86,000 s/f Operating Expenses $7.25 Per s/f (base year)

Capital Reserve $0.30 Per s/f

Initial Equity $500,000 Stabilized Vacancy 10.0%

Permanent Equity $652,310

Permanent Financing

Construction Period 4 Months Mortgage Interest Rate 9.25%

Lease-up Period 20 Months LTV Ratio 70%

Amortization 25 Years

Valuation at Sale Cap Rate — Financing 11.5% -

Cap Rate 12.0% nN

Sale Costs 5.0%

Preliminary Development Cost Budget

Amount PerS/FF % Comments

Hard Costs

Building $ 1,820,000 $20.00 On Gross Area

Site $ 450,000

Tenant Improvements $ 860,000 $10.00 On Rentable Area

Contingency $ 156,500 5.0%

Subtotal $ 3,286,500 $38.22

Soft Costs

Design/Engineering $ 180,000

Permits/Insurance $ 49,298 1.5%

Legal/Professional $ 75,000

General, Admin. & Overhead $ 100,000

Taxes/Fees $ 20,000

Financing Costs $ 72,000 2.0% $3,600,000 Loan Estimate for Calculation

Marketing/Leasing $ 430,000 $5.00

Concessions/Free Rent 3 -

Construction Interest $ 462,500 $2,500,000 Average Balance for 24 Months

Miscellaneous/Contingency $ 164,325 _— 5.0%

Subtotal $ 1,553,123 $18.06 47.3%

Development Fee $ 254,717 5.0%

Total Development Cost $ 5,094,339 $59.28

Development Period NOI $ 856,203

Net Development Cost $ 4,238,136 $49.28

Capital Sources

Permanent Financing $ 3,585,826 70.4%

Equity $ 652,310 12.8% nate

Development Period NOI $ 856,203 16.8%

Total Development Cost $ 5,094,339 $59.24 100.0%

FORT TRUMBULL

Building 2

Pro Forma — Commercial Development Feasibility

Development Costs

Development Period NOI

Net Development Cost

Gross Potential Rent

Allowance for Vacancies

Effective Gross Rent

Operating Expenses

Year3 =#Comments

1,376,000 Level Rent for First 5 Years of Lease

(623,500) Pass Through Increases Over Base Year

MINOR REHAB

Sanhilionti

Year 0 Year 1 Year 2

$ (254,717) $ (3,820,755) $ (1,018,868)

5% 75% 20%

$ 181,303 $ 674,900

$ (254,717) $ (3,639,451) $ (343,968) $

$

s (137,600)

1,238,400

%

$ (25,800)

. 589,100

13.9%

$ 267,250 $ 267,250

$ 4,868,478

$ (254,717) $ (3,372,201) $ (76,718) $ 5,455,578

20.7%

Sanbilionts

Year 0 Year 1 Year 2 Year 3

$ (254,717) $ (245,283)

$ (152,310)

$ 589,100

$ (368,500)

1.60

$ 220,600

33.8%

$ 1,319,065

$ (254,717) $ (245,283) $ (152,310) $ 1,539,665

46.1%

FORT TRUMBULL

Building 2

Supporting Calculations MINOR REHAB

Stabilized Value Estimate

Amount Per S/F

Stabilized NOI $ 589,100 $ 6.85

Cap Rate - mo 11.5%

Value Estimate $ 5,122,609 $ 59.57

Permanent Financing

Estimated Value for Financing $ 5,122,609

LTV Ratio 70%

Permanent Loan $ 3,585,826 $ 41.70

Interest Rate 9.25%

Amortization 25

Annual Debt Service $ 368,500

Debt Coverage Ratio 1.60

E Cash Flow f P t Fi ,

Permanent Loan $ 3,585,826

Net Development Costs $ 4,238,136

Cash Flow from Financing $ (652,310)

- Initial Equity $ 500,000

Cash Out (In) from Financing $ (152,310)

Building

Opening ~~

5 6

7,600

4,500

3,760

8,260 - 7,600

Year 2 — Month

10 1l 12 1 2 3 4

7,600

7,750

22,750

4,500

4,750

22,750- 7,600 4,500 - -

12,600

8,260 8,260 16,750 15,750 15,750 38,600 38,500 46,000 50,500 50,500 50,500 63,000

73.3%

96% 90% 103%

Per s/f

Per s/f

Per a/f

FORT TRUMBALL

Building 2

Occupancy/Absorption Projections MINOR REHAB

Rentable Year 1 —- Month

Floor Tenant Square Lease

Feet Term 1 2 3 4

1 1 7,600 7

2 7,500 6 a

3 7,750 7.

2 4 22,750 10

3 5 4,500 6

6 4,500 6

7 4,500 7

8 4,800 7

9 4,750 6

- 10 10,000 10

11 - 7

12 4,000 6

13 3,750 5

Totals $80,000 - = - -

Occupancy Rate 00% 00% 00% 00%

Average Occupancy Year 1 27.1% 8 Months

Average Occupancy Year 2 70.0% 12 Months

Average Occupancy During Lease'Up 87.0% 20 Months

Development Period NOI

[legible] Year 1

Market Price $16.00 $16.00

Operating Expenses (Stabilized) $7.25 $7.25

Expense Percentage in Lease-Up 60% 80%

Operating Expense (Lease-Up) $4.36 $6.80

Net Market Price $11.05

Net Market Price - Monthly $0.97 $0. 6

Average S/F Occupied 23,344 66,167

Number Months of Occupancy 8 12

Development Period NOI $181,303 $874,900

Total Development Period NOI $856,203

10.3% 103% 448% 448% 53.6% 58.7% 58.7% 80.7%

63,000 63,000

12

7 8 9 10 11

4,500

4,500

10,000

4,000

4,500 - 10,000 ‘ ‘ 8.600

67,500 67,500 77,500 77,500 77,500 80,000

78.5% 78.5% 90.1% 90.1% 90.1% 100.0%

FORT TRUMBALL

Building 2 Feasibility Analysis

Development Assumptions MODERATE REHAB

Gross Area 91,000 s/f Market Rent $20.00 Per s/f

Rentable Area 86,000 s/f Operating Expenses $7.25 Per s/f (base year)

Capital Reserve $0.30 Per s/f

Initial Equity $500,000 Stabilized Vacancy 10.0%

Permanent Equity $105,581

Permanent Financing

Construction Period 6 Months Mortgage Interest Rate 9.25%

Lease-up Period 18 Months LTV Ratio 70%

Amortization — 25 Years

Valuation at Sal Cap Rate — Financing 11.5%

Cap Rate 12.0%

Sale Costs 5.0%

Preliminary Development Cost Budget

Amount PerS/F % Comments

Hard Costs

Building $ 2,730,000 $30.00 On Gross Area

Site $ 450,000

Tenant Improvements $ 1,075,000 $12.50 On Rentable Area

Contingency $ 212,750 5.0%

Subtotal $ 4,467,750 $51.95

Soft Costs

Design/Engineering $ 250,000

Permits/Insurance $ 67,016 1.5%

Legal/Professional $ 75,000

General, Admin. & Overhead _$ 100,000

Taxes/Fees $ 20,000

Financing Costs $ 120,000 2.0% $6,000,000 Loan Estimate for Calculation

Marketing/Leasing $ 430,000 $5.00

Concessions/Free Rent $ -

Construction Interest $ 647,500 $3,500,000 Average Balance for 24 Months

Miscellaneous/Contingency $ 223,388 5.0%

Subtotal $ 192,904 $22.48 43.3%

Development Fee $ 336,877 5.0%

Total Development Cost $ 6,737,530 $78.34

Development Period NOI $ 1,161,601

Net Development Cost $ 5,575,929 $64.84

Capital Sources :

Permanent Financing $ 5,470,348 81.2%

Equity $ 105,581 1.6%

Development Period NOI $ 1,161,601 17.2%

Total Development Cost $ 6,737,530 $78.34 100.0%

57

FORT TRUMBULL

Building 2

Year3 #§ Comments

1,720,000 Level Rent for First 5 Years of Lease

(623,500) Pass Through Increases Over Base Year

Pro Forma —- Commercial Development Feasibility MODERATE REHAB

- Stabilization

Year 0 Year 1 Year 2

Development Costs = $ (336,877) $ (5,053,148) $ (1,347,506)

5% 75% 20%

Development Period NOI $ 222034 $ 939,567

Net Development Cost $ (336,877) $ (4,831,113) $ (407,939) $ -

Gross Potential Rent $

Allowance for Vacancies $ (172,000)

Effective Gross Rent 1,548,000

Operating Expenses $

Capital Reserve $ (25,800)

Net Operating Income $ 898,700

Return on Development Cost 16.1%

Add Back Constr. Int. & Financing $ 383,750 $ 383,750

Net Sale Proceeds $ 7,424,043

Unleveraged Development Cash Flow $ (336,877) $ (4,447,363) $ (24,189) $ 8,322,743

Internal Rate of Return 30.3%

Leveraged Analysis

Stabilizati

Year 0 Year 1 Year 2 Year 3

Initial Equity Investment $ (336,877) $ (163,123)

Cash Out (In) — Perm. Financing $ (394,419)

Net Operating Income $ 898,700

Permanent Debt Service $ (562,165)

Debt Coverage Ratio 1.60

Cash Flow after Debt Service $ 336,535

Return on Equity 318.7%

Net Sale Proceeds after Debt $ 2,012,296

Net Equity Cash Flows $ (336,877) $ (163,123) $ 394419 $ 2,348,832

Equity IRR 95.0%

FORT TRUMBULL

Building 2

Supporting Calculations MODERATE REHAB

Stabilized Value Estimate

Amount Per S/F

Stabilized NOI $ 898,700 $ 10.45

Cap Rate 11.5%

Value Estimate $ 614,783 $ 90.87

Permanent Financing

Estimated Value for Financing $ 7,814,783

LTV Ratio 70%

Permanent Loan $ 5,470,348 $ 63.61

Interest Rate 9.25%

Amortization 25

Annual Debt Service $ 562,165

Debt Coverage Ratio 1.60

Excess Cash Flow from Permanent Financing

Permanent Loan 5,470,348

Net Development Costs 5,575,929

$

$

Cash Flow from Financing $ (105,581)

$

$

Initial Equity 500,000

Cash Out (In) from Financing (394,419)

FORT TRUMBALL

Building 2

Occupancy/Absorption Projections MODERATE REHAB

Buildi

Rentable Year 1 - Month Opening

Floor Tenant Square Lease

~ Feet Term 1 2 3 4 5 6 7

1 1 7600 7 7,500

2 7500 6

3 7,750 7

2 4 22,750 10

3 5 4,500 6

6 4500 6

7 4500 7

x 4800 7 4,500

9 4,750 6 .

4 10 10,000 10

11 - 7

12 4,000 6

13 3,750 5 3,750

Totals $80,000 - - 15,750

Cumulative - - - - - - 15,750

Occupancy Rate 00% 00% 00% 00% 00% 00% 10.3%

Average Occupancy Year | 33.0% 6 Months

Average Occupancy Year 2 70.0% 12 Months

Average Occupancy During LeaseUp 62.3% 18 Months

Development Period NOI

(legible) Year 1 Year 2

Market Price $20.00 $20.00 Per s/f

Operating Expenses (Stabilized) $7.25 $725 Peref

Expense Percentage in Lease-Up 60% 80%

Operating Expense (Lease-Up) $4.35 $8.80 Peraf

Net Market Price $15.55 $14.20 Per s/f

Net Market "nce —- Monthly $1.30 $1.18 Per s/f

Average S/F Occupied 20,375 66,167

Number Months of Occupancy 8 12

Development Penod NO! $222,034 $830,607

Total Development Pernod NOI $1,161,601

Year 2 - Month

8 9 10 11 12 1 2 3 4 5 6 7 8 4 10 11 12

7,600 7.750

— 4,500

4,500

4,500

4,750

10,000

4,000

- - 22,750 = 7,600 4,500 : ° 12,600 - - 4,500 - 10,000 - - 8,600

15,750 15,750 38,500 38,500 46,000 50,500 50,500 50,500 63,000 63,000 63,000 67,500 67,500 77,500 77,500 77,500 80,000

10.3% 103% 448% 448% 53.6% 58.7% 58.7% 80.7% 733% 73.3% 733% 785% 785% 90.1% 90.1% 90.1% 100.0%

FORT TRUMBALL

Building 2 Feasibility Analysis

Development Assumptions MAJOR REHAB

Gross Area 91,000 sff Market Rent $20.00 Per s/f

Rentable Area 86,000 = s/f Operating Expenses $7.25 Per s/f (base year)

Capital Reserve $0.30 Per s/f

Initial Equity $500,000 Stabilized Vacancy 10.0%

Permanent Equity $2,032,342

P Fi :

Construction Period 6 Months Mortgage Interest Rate 9.25%

Lease-up Period 18 Months LTV Ratio 70%

Amortization 25 Years

Valuation at Sale Cap Rate — Financing 11.5%

Cap Rate 12.0%

Sale Costs 5.0%

Preliminary Development Cost Budget

Amount PerS/F % Comments

Hard Costs

Building $ 3,185,000 $35.00 On Gross Area

Site $ 450,000

Tenant Improvements $ 2,150,000 $25.00 On Rentable Area

Contingency $ 289,250 5.0%

Subtotal $ 6,074,250 $70.63

Soft Costs -

Design/Engineering $ 250,000

Permits/Insurance 3 91,114 1.5%

Legal/Professional $ 75,000

General, Admin. & Overhead $ 100,000

Taxes/Fees $ 20,000

Financing Costs $ 110,000 2.0% $5,500,000 Loan Estimate for Calculation

Marketing/Leasing $ 430,000 $5.00

Concessions/Free Rent 4% -

Construction Interest $ 777,000 $4,200,000 Average Balance for 24 Months

Miscellaneous/Contingency $ 303,713 5.0%

Subtotal $ 2,156,826 $25.08 35.5%

Development Fee $ 433,215 5.0%

Total Development Cost $ 8,664,291 $100.75

Development Period NOI $ 1,161,601

Net Development Cost $ 7,502,690 $87.24

Capital Sources

Permanent Financing $ 5,470,348 63.1%

Equity $ 2,032,342 23.5%

Development Period NOI $ 1,161,601 13.4%

Total Development Cost

$ 8,664,291 $100.75 100.0%

61

FORT TRUMBULL

Building 2

Pro Forma — Commercial Development Feasibility MAJOR REHAB

Stabilizati

Year 0 Year 1 Year 2 Year 3 Comments

Development Costs $ (433,215) $ (6,498,218) $ (1,732,858)

5% 75% 20%

Development Period NOI $ 222034 $ 939,567

Net Development Cost $ (433,215) $ (6,276,184) $ (793,291) $ ra

Gross Potential Rent s 1,720,000 Level Rent for First 5 Years of Lease

Allowance for Vacancies | $ (172,000)

Effective Gross Rent 1,548,000

Operating Expenses s (623,500) Pass Through Increases Over Base Year

Capital Reserve $ (25,800)

Net Operating Income $ 898,700

Return on Development Cost 12.0%

Add Back Constr. Int. & Financing $ 443,500 $ 443,500

Net Sale Proceeds $ 7,424,043

Unleveraged Development Cash Flow $ (433,215) $ (5,832,684) $ (349,791) $ 8,322,743

Internal Kate of Return 12.0%

Leveraged Analysis

Pe Stabilizati

Year 0 Year 1 Year 2 Year 3

Initial Equity Investment $ (433,215) $ (66,785)

Cash Out (In) — Perm. Financing $ (1,532,342)

Net Operating Income - $ 898,700

Permanent Debt Service $ (562,165)

Debt Coverage Ratio 1.60

1. Flow after Debt Service $ 336,535

Return on Equity 16.6%

Net Sale Proceeds after Debt $ 2,012,296

Net Equity Cash Flows $ (433,215) $ (66,785) $ (152,342) $ 2,348,832

Equity IRR - 10.2%

Note: Short analysis period distorts IR%. IRR will increase with longer holding period because ROE > IRR.

FORT TRUMBULL

Building 2

Supporting Calculations

Stabilized Value Estimat

Stabilized NOI

Cap Rate

Value Estimate

Permanent Financing

Estimated Value for Financing

LTV Ratio

Permanent Loan

Interest Rate

Amortization

Annual Debt Service

Debt Coverage Ratio

Net Development Costs

Cash Flow from Financing

Initial Equity

Cash Out (In) from Financing

MAJOR REHAB

Amount Per S/F

$ 898,700 $ 10.45

11.5%

$ 7,814,783 $ 90.87

$ 7,814,783

70%

$ 5,470,348 $ 63.61

9.25%

25

$ 562,165

1.60

SREALIC UES

5,470,348

7,502,690

(2,032,342)

500,000

(1,532,342)

o9

FORT TRUMBALL

Building 2

Occupancy/Absorption Projections MAJOR REHAB

Rentable Year 1 - Month

Floor Tenant Square Lease

Feet Term 1 2 3 4

1 1 7,600 7

2 7,500 6

3 7,750 7°

2 4 22,750 10

3 5 4,500 6

6 4,500 6 :

7 4500 7

- 4,800 7

9 4,750 6

4 10 10,000 10

11 - 7

12 4,000 6

13 3,750 5

ies . : ‘ .

Occupancy Rate 00% 00% 00% 00%

Average Occupancy Year 1 33.3% 6 Months

Average Occupancy Year 2 78.9% 12 Months

Average Occupancy During Lease'Up 62.3% 18 Months

Development Period NOI

(Iegibie| Vows "2

Market Price $20.00 $20.00

Operating Expenses (Stabilized) $7.25 $7.25

Expense Percentage in Lease-Up 60% 80%

Operating Expense (Lease-Up) $4.36 $6.80

Net Market Price $15.05 $14.20

Net Market Price - Monthly $1.30 $1.18

Average S/F Occupied 26,378 66,167

Number Months of Occupancy 6 12

Development Period NOI $222,034 $838,587

Total Development Period NOI $1,141,801

Building

Opening

5 » 7

7,500

4,500

3,750

‘ ° 18,750

, : 15,750

00% 00% 183%

Per s/f

Per aff

Per s/f

Per s/f

Per aff

. 9 10 11 12

7,500

22,750

. - 22,750 - 7,500

15,750 16,750

4,500

4,500

4,750

12,500

38,500 38,500 46,000 50,500 50,500 50,500 63,000

18.3% 183% 440% 440% 836% s587q 58.7% 58.7% 73.3%

i

63,000 63,000 67,500 67,500 77,500 77,500 77,500

90.1% 90.1% 90.1% 100.0%

73.3% 73.3%

10,000

4,500 - 10,000

78.5% 78.5%

10

11

4,000

8,500

80,000

64

—

Conclusions of Financial and Market Study

Based on the market and feasibility analyses presented,

an opportunity exists to renovate the existing Building 2

at Fort Trumbull into Class A office space for the New

London market. While new office construction is not

feasible at this time, as evidenced by the inability of

Shaw’s Cove 7 & 8 and Mystic Executive Park to get off

the ground, the lower cost basis required to renovate

Building 2, coupled with relatively tight market conditions

for Class A space, create a feasible environment for rede-

veloping Building 2 at Fort Trumbull.

Except for the sublease space at Mariner Square, there is

currently only one option available for a tenant requiring

more than 5,000 square feet of Class A space. Brokers

report that a few tenants, Kendall Corp. for example, have

had to leave New London because sufficient Class A space

was not available recently to accommodate their growth.

At this time, however, market conditions do not justify

construction of new commercial space at Fort Trumbull on

a speculative basis. Financing will not be available unless

there is significant pre-leasing activity, on the order of 65%

to 70%, but tenants in the marketplace are generally

reluctant to commit to space 18 to 24 months out, as is

required for new construction. The Major Rehab scenario

for Building 2 illustrates the general feasibility parame-

ters for new multi-story office construction. As office rents

for new construction would not be expected to appreciably

exceed-the economic terms specified under this scenario,

the maximum development cost for feasibility would be

approximately $100 per rentable square foot, which is

below the estimated development cost range of $120 to

$150 per square foot for new construction.

65

Consideration should be given though to the possibility of

developing a small “flex” building capable of being built

out for office or biotech/bioscience space, and capable of

being expanded to accommodate future demand. This flex

building should be of good quality construction with an

attractive facade, and should have a floor height of at least

18 feet to 20 feet to accommodate the tenant improvement

requirements of potential biotech/bioscience users that

might demand space as a result of Pfizer’s Global Devel-

opment Facility. Flex space would appear to be marginally

feasible in the current market. With hard costs estimated

to be approximately $75 to $80 per square foot based on

brokers in the market, total development costs could

conceivably be kept around $100 per square foot.

Target Market For Commercial Space

For the existing Building 2, which will be redeveloped into

Class A office space, the target market will include the

following:

* Existing New London companies seeking to

* Exsting New London companies seeking to

expand that are unable to be accommodated

due to the limited amount of available Class

A space

* Newly recruited companies from outside the

region |

For the future commercial development space, the pr'mary

target market is expected to be newly recruited companies

idencing Pfizer-related demand, whether it is for general

office use or biotech/bioscience use. This demand will most

likely come from out-of-region companies that contract

with Pfizer and value proximity to Pfizer's Global Devel-

opment Facility.

Marketing Strategy

The key objectives of the marketing strategy are:

* To successfully position the commercial de-

velopment space in the market

° To fully lease Building 2 as quickly as possi-

ble

e To complete renovation and begin occupancy

of Building 2 the opening date of the hotel

® ‘To execute leases for Building 2 on terms

that meet or exceed pro forma

* ‘To further develop and refine the target mar-

ket for the future commercial development

67

infrastructure work for the whole Fort Trumbull develop-

ment, which is presently slated for August 2002. Hence,

assuming the current schedule is maintained, marketing

efforts should commence in April 2001.

In engaging a brokerage firm, approximately two months

should be budgeted to solicit proposals from targeted

brokerage firms, review the proposals, interview the firms,

and select the best firm or firms. Thus, the brokerage

firms identified herein (see Marketing Execution Plan)

should be contacted in early February 2001 to solicit

proposals for brokerage services.

Once a brokerage firm is selected, a more detailed market-

ing strategy should be developed and the firm should~

marketing materials, including conceptual schemes,

should be prepared for the future commercial development

space in the event that sufficient excess demand is gener-

ated that cannot be accommodated in Building 2, and/or

an end user is identified for a build-to-suit development.

This information should also be disseminated to the

various state and local resources identified herein (see

Marketing Execution Plan).

In addition to hiring a brokerage firm, consideration

should be given to establishing a web site for the entire

Fort Trumbull development. This would need to be coordi-

nated with the various marketing/brokerage firms for the

different development components, and could conceivably

be paid for by these firms as part of their assumed market-

ing and advertising responsibilities. For Building 2, a

virtual tour, renderings, images of water views from the

upper floors, and other marketing information could be

placed on the site, thus providing prospective tenants with

instant access to information to help them evaluate the

property.

Once construction has started for Building 2, an on-site

marketing center should be established as soon as possible

to allow prospective tenants the opportunity to see the

space as they might occupy it. The fourth floor would be

the ideal location in order to take advantage of the sweep-

ing views of the water.

Targeted leasing milestones for Building 2 would be as

follows:

° 50% pre-leased before commencement of

renovation

° 75% leased upon completion of renovation

* 100% leased 6 months after completion of

renovation

iti early in the marketing campaign, a draft

ae teas emmdiies should be prepared for future

tenants.

Depending upon the level of rehabilitation ultimately

selected by Corcoran Jennison Companies, the standard

tenant improvement package should generally not exceed

scenario. Several recent leases have been done with all

tenant improvements paid for by the tenant. However,

some leases have been done with improvement allowances

of up to approximately $17 per square foot. The amount of

tenant improvements provided is a negotiating point and

will depend upon market conditions at the time of lease

negotiation, if tenants require additional improvements

over the standard package, then the cost over and above

that amount should either be amortized over the lease

69

term (typically with credit tenants only), or paid for by the

tenant up front.

Marketing Execution Plan

Broker Selection

There are four local brokerage firms and one national

firm, CB Richard Ellis, which are active in the New

London market. There is another national firm, Cushman

& Wakefield, with a Hartford office that could potentially

service the New London market. In addition, a Boston-

based firm, Thompson Doyle Hennessey & Everest has

experience with both office and biotech/bioscience space —

they are currently marketing BioSquare, which is adjacent

to the Boston University Medical Center. These firms

should be contacted in January/February 2001 and asked

to submit Proposals to provide brokerage services for the

commercial space. A sample draft of a Request for Propos-

als (RFP) for brokerage services has been included in the

Addenda. The table below identifies these firms and the

appropriate contact information.

CONTACT PHONE #

1. U.S. Properties, Inc. Susan Howard 860-4370101

Three Shaw’s Cove, ~ Jim White

Suite 202

New London, CT 06320

2. New England Real Jim Bach 860-444-7800

Estate Group, Ltd. Steve Percy

12 Masonic Street Jane Walsh é

New London, CT 06320

3. Pequot Commercial John Jensen 860-447-9570

711 Broad Street Ext. Norm Peck

Waterford, CT 06385

70

4. Connecticut Commercial Robert Zabarsky 860-444-7704

Realty

229 Howard Street

New London, CT 06320

5. CB Richard Ellis

100 Pearl Street

Hartford, CT 06103

6. Cushman & Wakefield Thomas Collins 617-204-4100

Dan Barber 860-987-4781

25th Floor

Hartford, CT 06103-3599

7. Thompson Doyle

Hennessey & Everest

101 Federal Street

Boston, MA 02110

To be sensitive to community issues, it would be appropri-

ate to include all four local firms in the Broker RFP

process. The preliminary recommendation would be to

utilize a local brokerage firm to market Building 2, or a

joint venture, if possible, between a local firm and a

national or regional firm. The typical tenant anticipated to

occupy Building 2 would likely be a local company looking

to relocate or expand its offices.

The inclusion of ar national or regional firm may be

appropriate though as the Pfizer-induced demand antici-

pated for construction of the proposed 200,000 square feet

might include uses other than office - e.g., biotech or

bioscience — for which these firms have greater experience.

For broker incentive reasons, and because it might be

appropriate to begin initial marketing of the proposed

commercial space simultaneously with the Building 2, it

might be warranted to use one of the non-local firms solely

for the marketing of al] Fort Trumbull commercial space.

Cathy Thompson 617-330-6900

eS ea ee ae

71

It should be noted that U.S. Properties, Inc. is the agent

for most of the space in Shaw's Cove Business Park, and

while due consideration should be given to them, they may

have potential conflict of interest issues in representing

Corcoran Jennison Companies to lease the Fort Trumbull

commercial space.

State and Local Resources

There are several state and local resources that should be

made aware of and that could provide assistance in the

marketing of the Fort Trumbull commercial development

space. These resources are as follows:

Resource Contact Number

New London Office Ned Hammond 860-447-5203

of Development & Economic

Planning Development

Coordinator

Connecticut Kevin Crowley 860-270-8069

Department of Director, Business

Economic & Recruitment

Community

Development

SECTOR John Markowitz 860-701-6054

Connecticut Carolyn Kahn 860-563-5851

Innovations Managing Director, www.ctinnovations.

Bioscience com

Connecticut United Debra Pasquale 860-679-1550

for Research President www

Excellence (CURE) oe

Connecticut Susan Winkler 800-392-2122

Economic Resource www.cerc.com

Center (CERC)

72

In e? ‘ition, Pfizer's real estate representative should be

ma © .ware of the commercial development program in

case the company has a need, or in case a contractor doing

business with them might have a need for a local presence.

Project and Marketing Schedule

With respect to the renovation of Building 2. Corcoran

Jennison Companies’ goal is to complete construction and

have initial occupancy at the same time as the infrastruc-

ture and site work is completed for hotel and residential

space. The current Fort Trumbull development project

schedule calls for commencement of site and infrastruc-

ture work in August 2001, with completion scheduled for

August 2002.

Working back from this date, construction for Building 2

should commence no later than March 2002 to allow for an

estimated 6 months of rehab work. The broker marketing

and leasing campaign should start no later than April

2001 to allow for sufficient exposure in the marketplace to

execute leases for as much of the space as possible prior to

completion of construction. Initial requests for proposals

from brokerage firms should occur in late January or early

February 2001.

On the following page, a Project and Marketing Timeline

is presented which illustrates the key dates and mile-

stones for the Fort Trumbull development, as well as

Building 2 renovation.

73

Fort Trumbull Development

New London, CT

x

Pm lean) wan) am | ©) Me) nee |) ee ae Ta |

| ! Wares.

74

Marketing Budget

Brokerage fees will comprise the vast majority of the

marketing budget for the Fort Trumbull commercial

development space. Most marketing and advertising costs

are included in the brokerage fee and are the responsibil-

ity of the broker. Based on conversations with several

brokers in the market, brokerage fees have been estimated

at $5.00 per square foot of rentable office space, which is

equivalent to $430,000 based on an estimated 86,000

rentable square feet. The brokerage fee will vary depend-

ing upon the length of the lease that is executed for each

tenant. Typically, brokerage fees are paid 50% at lease

execution and 50% at tenant occupancy.

Conceivably, some miscellaneous marketing expenses

could be incurred that would not be paid for by the broker-

age firm. In addition, although it is not feasible to develop

the proposed additional 200,000 square feet of commercial

space at this time, it would be beneficial to develop some

preliminary marketing materials for circulation simulta-

neously with Building 2’s marketing campaign. Moreover,

a brokerage firm might not be willing to pay for marketing

materials for the future commercial development space at

this juncture.

A budget of $50,000 would seem reasonable to cover

miscellaneous expenses associated with Building 2 and the

other preliminary marketing materials. This would be

exclusive, however, of any cost associated with the devel-

opment of a Fort Trumbull web site, if that option is

pursued.

It is important to note the need for high quality marketing

materials and architectural services associated with

marketing. Image and identity are key components for a

75

successful marketing plan. Marketing materials should

include, but not be limited to:

* Abuilding photo and/or rendering

* An aerial photo after demolition of all im-

provements not being retained

* Asample floor plan for each floor

* Sample module layouts

Hopefully, preparation of some marketing materials can be

coordinated with the marketing of the hotel and residen-

tial portions of the Fort Trumbull development to possibly

enable efficiencies and cost savings.

DRAFT

CORCORAN JENNNISON COMPANIES REQUEST

FOR PROPOSALS

For

REAL ESTATE BROKERAGE / LEASING SERVICES

FORT TRUMBULL COMMERCIAL SPACE NEW

LONDON, CONNECTICUT

FEBRUARY 2001

Introduction

Corcoran Jennison Companies is seeking Proposals from

real estate brokerage companies to provide marketing and

leasing services for the commercial development space to

be included in its Fort Trumbull mixed-use development.

Corcoran Jennison Companies intends to select a broker-

age firm no later March 31, 2001 and to commence the

76

marketing of the commercial space as soon as possible

thereafter.

Corcoran Jennison Companies is a diversified real estate

company with five main operating companies — Develop-

ment, Property Management, Construction, Hospitality,

and Exposition Center Management Services. Since its

founding in 1971, Corcoran Jennison Companies has

successfully developed in excess of $1.8 Billion of real

estate, including apartments, hotels, nursing homes,

municipal facilities, exposition centers, schools, health

facilities, golf courses, restaurants, resort facilities, mari-

nas, and office centers. The company’s corporate offices are

located in Boston, Massachusetts.

Background

The New London Development Corporation (NLDC), in

association with the Connecticut Department of Economic

and Community Development (DECD), has = ey :

municipal planning project targeting an area adjacen

nn. ccettes, Maen es

the Fort Trumbull Municipal Development Plan (MDP),

the MDP area encompasses approximately 90 acres

immediately south of downtown New London and adjacent

to historic Fort Trumbull, which will be developed into a

state park. The principal catalyst for development in this

area is the construction of Pfizer Inc.’s 790,000-square-foot

Global Development Facility immediately south of the

MDP area.

The NLDC selected Corcoran Jennison Companies as the

developer of a 30-acre waterfront parcel adjacent to Fort

Trumbull. The majority of the parcel consists of the U.S.

Navy’s closed Naval Undersea Warfare Center (NUWC).

77

The balance is made up of a number of residential and

commercial properties between NUWC and the Amtrak

rail.

Fort Trumbull Project Description

Corcoran Jennison Companies has proposed a mixed-use

development, to include a four-star hotel, housing, and

commercial space, for the 30-acre parcel. The attached site

plan, labeled the Fort Trumbull Development Plan, depicts

the latest proposed development plan for the Fort Trum-

bull site. New roadways and infrastructure will be built to

support the development. Total development costs are

projected to be approximately $100 million.

The hotel will be situated on the northernmost section of

the site. The residential development will be located on the

southeastern portion of the site, adjacent to the existing

Coast Guard facility and north of Fort Trumbull. The

commercial development will be located on the southwest-

ern portion of the site; an existing !-alian Dramatic Club

located here will be kept and incorporated into the devel-

opment plan. Plans also include a paved, half-mile river-

walk, which will connect to the Fort Trumbull State Park,

and a village green that will be accessible to the public.

Commercial Development Program

At present, approximately 300,000 square feet of commer-

cial space is envisioned for the site. This will be comprised

Cen en of Suiiien austatet "

mately 91,000 gross square feet, identified as Building 2

by the U.S. Navy, and two proposed buildings of 100,000

square feet each. The MDP called for the inclusion of office

78

or bioscience-related commercial space. While the new

buildings could be developed for either use depending

upon market conditions, the existing Building 2 is best

utilized for office use given its current construction.

The commercial development program for the Fort Trum-

bull development will consist of at least two phases, and

possibly more depending upon the amount and type of

demand that is generated for the 200,000 square feet of

proposed commercial space. The first phase of commercial

development will involve the renovation and redevelop-

ment of the existing Navy Building 2 into a Class A office

building for the New Loadon market. Building 2 is a four-

story, steel frame, brick and glass structure completed in

1991 as sonar research and development space for the

Navy. It is in reasonably good condition and can be easily

renovated to Class A office space for the New London

market.

Because the building was constructed for single-tenant

occupancy, it will require renovation to accommodate

multi-tenant occupancy as appropriate for the New Lon-

don office market. A first-floor lobby will need to be added,

as well as common area on each floor depending upon the

space requirements of future tenants. Also, the entrance to

the building is currently on the east side and most likely

will need to be relocated to orient it to the street grid

planned for the Fort Trumbull development.

Building systems are being evaluated to determine their

appropriateness for reuse. It is known that a heating

system will need to be added because Building 2 was

previously heated by a system supporting several other

Navy buildings. In addition, analysis will need to be

completed to determine whether the existing elevator and

79

rest rooms are adequate for multi-tenant office use in the

current market, or whether additions are required. Park-

ing will be provided around the building, with excess

parking for the near future provided on the adjacent land

that will support the future commercial development.

Future phases will involve new construction of either

Class A office space or biotech/bioscience space, as demand

warrants. The present plan for the proposed commercial

space includes the development of two 100,000 square foot

buildings along Walbach Street, south of the existing

Building 2. The new buildings will be developed as market

conditions warrant.

Submittals

Interested parties should submit a Proposal to provide

marketing/leasing services for the commercial develop-

ment space at Fort Trumbull. Respondents should outline

their general approach to providing marketing/leasing

services and should demonstrate capacity and expertise to

develop and implement a marketing program that will

minimize lease-up periods, maximize rents, and enhance

project values.

In the Proposal, respondents are encouraged to propose

and/or provide recommendations relative to the proposed

commercial space at Fort Trumbull, both the existing

Building 2 and the planned 200,000 square feet, with

respect to:

Marketing Strategy

Project Identity

Marketing Timeline

Type and F of Advertisina/Marketi

Target Market for Tenants

* State and Local Resources for Attracting Ten-

ants

¢ Pricing — Rent, Lease Term, Tenant Improve-

ments

¢ Credit Quality of Tenants

* Specifications for Tenant Improvements

Projected Absorption/Occupancy Milestones

In addition, respondents should provide:

¢ A company overview/business history (de-

tively involved in the project, including iden-

tification of relevant professional licenses

* References and contact information (at least

two for each key personnel)

* Sample marketing materials, including bro-

chures, advertisements, etc. ;

* Asample lease proposal for a prospective ten-

ant :

e Examples of comparable firm experience as

owner's agent for commercial space

Respondents are also encouraged to provide information

on current market conditions for commercial space in the

New London market area, including an overview of supply

and demand trends, comparable lease and sale informa-

tion, competitive projects planned and/or under construc-

tion, etc.

proposed

Respondents should include in their submittals a

fee structure for the services to be provided. Respondents

should be specific as to what marketing materials and

81

advertising expenses are included as part of the services

provided.

Insurance

Respondents should include in their Proposal a brief

description of the firm’s general liability insurance cover-

age, including limits and deductibles.

Selection Schedule

Request for Proposals available February 1, 2001

Pre-submission Meetings & Tours ween February 5 -

(To be scheduled individually) 6, 2001

Proposals Due ebruary 28, 2001

5:00 p.m.)

Corcoran Jennison Companies een March 1 — 15,

Review/Inquiry 1

Selection of Brokerage Company o later than March

1, 2001

Commencement of Marketing/ April 1, 2001

Leasing Campaign _ i

Evaluation Criteria

Corcoran Jennison Companies shall consider the following

criteria in evaluating Proposals (not listed in any specific

order of importance):

Responsiveness to Request for Proposals

Company/Broker Experience

~ Time and Place of Submission

Respondents must submit five (5) copies of their Proposal

to Corcoran Jennison Companies. Proposals must be

received by 5:00 p.m. on Wednesday, February 28, 2001.

Proposals should be addressed to:

Marty Jones

President

Corcoran Jennison Companies

Bayside Office Center

150 Mount Vernon Street

Boston, MA 02125

Corcoran Jennison Companies reserves the right to modify

or withdraw this Request for Proposals at any time and to

reject any and all Proposals.

83

DEFENDANTS’ EXHIBIT 38

FORT TRUMBULL

MUNICIPAL DEVELOPMENT PLAN

New London, Connecticut

August 1999

Revised Administrative Draft

Prepared on behalf of:

The City of New London

by:

New London Development Corporation

New London, Connecticut

Sponsoring Agency:

State of Connecticut

Department of Economic and Community Development

Implementing Agency:

New London Development Corporation

New London, Connecticut

Administrative Contributors:

The Downes Group — Program Management

Milone & MacBroom, Inc. — Plan Coordination

Technical Contributors:

Diversified Technology Consultants, Inc. -

Civil Engineering

Harrall-Michalowski Associates, Inc. -

Neighborhood Relocation and Land Use Planning

HRP Associates, Inc. - Hazardous Waste and

Contamination Assessment

Milone & MacBroom, Inc. - Environmental Impact

Evaluation

RKG Associates, Inc. - Economic Analysis

Wallace Roberts and Todd — Land Use Planning

1.0

1.1

1.2

1.3

2.0

2.1

2.2

2.3

3.0

3.1

3.2

3.3

3.3.1

3.3.2

3.3.3

3.3.4

3.3.5

3.4

3.5

3.5.1

3.5.2

84

TABLE OF CONTENTS

ENITRODUCTION ..ccccccsccsscssscccccccsscesssscscssccssrscesores 1-1

MDP Proceee .......ccccccessseescscsssevessssssssesesssesesseseneoees 1-1

Project Background .............:c:ssseeeeerereerernerennenes 1-2

Summary of Major EIE Issues .............:::00ee 1-8

RTT occcxececsenrsecssnessecscncetessosensenssconecssoansconscesson 2-1

Topography .........ccscesseseesssersensensensrereensersanenennennes 2-1

Legal Description of Project Boundary ................. 2-1

Description of Interior Parcels .............:.0:0:000+ 2-5

EXISTING SITE CONDITIONS ............:cccceeeee 3-1

Existing Land Uses ............:.::sssssseseereennrennenenrennens 3-1

Existing ZOming..........::cscssesseseeeeesennesecenseersneernenees 3-2

Existing Public Utilities, Services, and

Roadway Network...........::::sssseseeeeeneneesnnnnsnnnenes 3-4

WIP necccccecccvcccccocccccccccccscecccscccscocsosnooscesosenssssseosones 3-4

Sanitary Sewer .........::cccccssessesesesesseeenensnensesnensneenens 3-5

Baaren BOWES 000000cccccececcosersssevccccsccsssescsssssevcsscsscoseees 3-8

Gas, Electric, Telephone, and Cable ................+ 3-11

Streets and Sidewalks ............::cccceeseeeeeeereneeeenes 3-12

Test Borings and Soil Analysis ..............000:00:00++ 3-16

Environmental Conditions ..............:ccceereeeee 3-17

Environmental Evaluation................:0000eeeree 3-17

Environmental Impact Evaluation (under

SEPATALE COVET).......0-..csceseeserserneesererereneteneneneenenens 3-24

4.0

5.0

5.1

5.2

5.2.1

5.2.2

5.2.3

5.3

5.3.1

5.3.2

5.3.3

5.4

5.4.1

5.4.2

5.4.3

5.4.4

5.4.5

5.4.6

5.4.7

5.4.8

5.5

85

MARKETABILITY STUDY..............cccccsceseeseseeseeee 4-1

PROPOSED IMPROVEMENTS..............ccccccc0c0000. 5-1

EE eT TS 5-1

OI ih anttacenleacticnaittceeerte 5-4

Proposed Zoning Designation Changes................. 5-4

Applicability of Proposed Zoning Amend-

BB ccecsccsssanncscesesseceensensssnnscsnassesssnccsnsssessnstecsnstanes 5-6

Proposed Zoning Amendments for the MDP

__—_ ESE nem IOS NESE EN SIU oT 5-6

Proposed Land Use Controls ...............cccccccccec0e0es 5-23

Overall Framework for Development.................. 5-23

Design Control Mechanisms and Processes ....... 5-24

IS Sa 5-25

Proposed Public Utilities, Services, and

Roadway Improvements ...................ccceeceeeeeeeeees 5-34

STITT Asonisisnnieebieichideseseuenenetninninstadinbianmnibieebiedanteeninadeiti 5-34

IIIT iaccnneiensetneniidnethiiiehtabatdeeisibiatiameataieal 5-37

EE a a eT ETP 5-39

Gas, Electric, Telephone, and Cable.................... 5-45

Streets and Sidewalks ................:ccccccsssceccsseesseeees 5-46

Sareea TnTUIIE iieiielinericteiabadeniaienaiihidadetapehiteameniatcceinaietiedl 5-57

nS 5-58

Estimated Cost of Site/Infrastructure Im-

TIED ccnsncenscscessescenensssusnsennsmnistiensummnsscensensnts 5-58

ES See RT 5-60

6.0

6.1

6.2

6.3

7.0

7.1

7.2

7.3

7.4

8.0

9.0

10.0

10.1

10.2

11.0

12.0

13.0

13.1

13.2

86

ACQUISITION/DISPOSITION OF PARCELS ......6-1

Description of Parcels to be Acquired...............+++». 6-1

Description of Parcelization for Disposal ............. 6-4

Description of Appraisals and Title Searches

Comdneted ....0cccccccscscscsscscesessescesssccssccsscesssonssooseseooes 6-6

RELOCATION PLAN .......::scssssvsssssserreeeresseeresesees 7-1

Families and Individualls...............:::eeeeeeeeeees 7-1

Businesses and Non-profit Agencies .................-++ 7-2

Availability of Relocation Housing ..................0+ 7-2

Availability of Relocation Facilities...................+ 7-3

FINANCING PLAN SUMMARY.............:::c:0ee00e 8-1

ADMINISTRATIVE PLAN SUMMARY................ 9-1

JOBS AND HOUSING. ..........::cccceceeeeeeeeeeeneeneenenes 10-1

Jobs Anticipated to be Created.............:00:0s0+ 10-1

Housing Units Available................0:00cseseseereenen 10-1

PEDOIIEDOG .....0cccccccccccccccccecesecsesevescssosssssssssorsosnsees 11-1

PROJECT PLAN PROVISIONS TO RE-

MAIN IN EFFECT. ..........:c0cccscserseessreseerensereesnens 12-1

MINORITY PARTICIPATION .............:0c0e0eeeeeees 13-1

Minority Participation Statement ..................+ 13-1

Commitment, Performance Standard, and

Government Requirements. ............:::cseeeeeeeees 13-1

87

13.3 Area of Minority Participation ..................ccc00000. 13-2

SET” PIII ioeniiiintaniiadlianstnintssiiaciceci 13-8

re RI iccictinericnibiiiec ia 13-8

LIST OF TABLES

Table 3-1 Requirements by Zoning Classification

Table 3-2 Sanitary Sewer Mains for the Fort Trumbull

MDP Area

Table 3-3 Existing Street Conditions

Table 3-4 Summary of Test Boring Results

Table 3-5 Recommended Phase II ESA

Table 3-6 Potential CTA Regulated Sites

Table 5-1 Smith Street Option 2 - Proposed Pressure for

Maintaining 3,000 gpm Fire Flow

Table 5-2 East Street and Trumbull Street Intersection —

Proposed Pressure for Maintaining 3,000 gpm

Fire Flow

Table 5-3 Summary of Proposed Street Characteristics

Table 5-4 Probable Costs for Infrastructure and Special

Construction

Table 6-1 NLDC Owned Properties (May 1999)

Table 7-1 Households to be Displaced

Table 7-2 Non-Residential Displacement

Table 10-1 Summary of Jobs Anticipated to be Created

88

LIST OF 8 1/2 x 11 FIGURES

Figure 1 Location Map - City of New London

Figure 2 Fort Trumbull MDP Area

Figure 3 Composite Land Use Plan

Figure 4 Evacuation Route Map

Figure 5 Existing Flood Plain Areas

Figure 6 Proposed Flood Plain Areas

Figure 7 Pedestrian Route Map

LIST OF APPENDICES

Appendix A Relevant Correspondence and CEPA Record

of Decision

Appendix B_ Soil Boring Logs

Appendix C Marketability Study

Appendix D List of Properties to be Acquired

Appendix E_ Relocation Plan

Appendix F New London City Council Resolutions

ndixG Executive Summary — Request for Flood

— Management Certification Exemption

LIST OF APPENDED MAPS

Map 2.1 Topographic Map

Map 2.2 Project Boundary Map (Maps 2.2.1 through 2.2.4)

Map 3.1 Existing Land Use Map

Map 3.2 Existing Zoning Map

Map 3.3 Existing & Proposed Water System

Map 3.4 Existing & Proposed Sanitary Sewer System

89

Map 3.5 Existing & Proposed Storm System

Map 3.6 Existing and Proposed Gas System

Map 3.7 Existing & Proposed Electric and Telephone

Map 3.8 Proposed Streets

Map 3.9 Test Boring Locations

Map 5.1 Proposed Land Uses

Map 5.2 Proposed Zoning Map

Map 6.1 Acquisition Map

Map 6.2 Disposition Map

10 INTRODUCTION

1.1 MDP Process

The New London Development Corporation (NLDC),

in association with the Connecticut Department of

Economic and Community Development (DECD), is

undertaking a municipal development planning proj-

ect adjacent to the Thames River in New London,

Connecticut. NLDC is a nonprofit, private economic

development organization originally formed in 1978.

The corporation was established with the authority to

raise and borrow funds, manage projects, acquire and

sell properties, and engage in any activity related to

the progress and general welfare of the community.

This Municipal Development Plan (MDP) has been

prepared under Chapters 130, 132, and/or 588(1) of

the Connecticut General Statutes. The New London

City Council gave authority to NLDC to prepare the

MDP for the Fort Trumbull area in a resolution

passed in May of 1998. The resolution also estab-

lished the boundaries of the planning area.

Prior to initiating the municipal development plan-

ning process, an Environmental Assessment (BA) and

90

an Environmental Impact Evaluation (EIE) were

completed in accordance with the Connecticut Envi-

ronmental Policy Act (CEPA), established in Sections

22a-1 through 22a-lh of the Connecticut General

Statutes and Sections 22a-1 through 22a-1a-12 of the

Regulations of Connecticut State Agencies.

In June of 1998, the Connecticut Department of Eco-

nomic and Community Development issued an Envi-

ronmental Assessment for the Fort Trumbull MDP

area which concluded that the project could poten-

tially have a significant effect on the environment.

Several major areas of concern were identified in the

EA, including the possible acquisition of residential

properties and relocation of residents, adequacy of the

existing water supply; congestion and traffic safety is-

sues; historic importance and archaeological signifi-

cance of the project area; flooding, and stormwater

t. As a result of DECD’s finding, an Envi-

ronmental Impact Evaluation was undertaken.

The EIE process began in late June 1998. Numerous

consultations were engaged to assist in specific phases

of the work. Preliminary findings were discussed at

numerous neighborhood meetings. Input and review

comments were solicited from the community and in-

terested public on the Draft EIE. Input was also solic-

ited from local, state and federal agencies.

Following completion of a 45 day public comment pe-

riod of the Draft EIE, the Connecticut Department of

Economic and Community Development forwarded to

the Office of Policy and Management the Final EIE

and Record of Decision (dated March 1999), consisting

of all public notice documentation, comments received

from all interested parties, the agency decision rela-

tive to proceeding with the proposed action, and a dis-

cussion of the intentions for initiation of actions for

1.2

91

minimizing impacts, for determination of the ade-

quacy of the evaluation.

The CEPA process concluded with the review of the

Final EIE and Record of Decision by OPM and their

April 20, 1999 determination that regulatory re-

quirements were satisfied, with several conditions.

Appendix A contains a copy of selected relevant corre-

spondence and documentation from the Record of De-

cision and the April 20, 1999 OPM approval letter.

The Final EIE and Record of Decision is the basis for

the implementation of the project. The subject Mu-

nicipal Development Plan has been developed to be

consistent with the findings of the CEPA process.

A mandatory public hearing will be held prior to local

adoption of the MDP by the City of New London. Pro-

cedures for the adoption of the MDP are set forth in

Section 32-224(c) of the Connecticut General Statutes.

This process must include a finding by the OPM that

the plan is not inimical to the overall goals and objec-

tives of the state. Upon obtaining such a finding, the

plan would then be legally adopted by the city and

approved by DECD.

Project Background

The City of New London is a waterfront community

along the tidal estuary of the Thames River and Long

Island Sound in southeastern Connecticut. Figure 1 is

a location map of the City of New London. New London

is only 5.79 square miles in size, making it geographi-

cally the second smallest municipality in the State of

Connecticut. Nearly 54% of the total land area of New

London is exempt from local property taxes.

The Fort Trumbull MDP area is approximately 90

acres in size and includes residential and commercial

areas comprised of approximately 115 parcels. The

area includes the 32-acre U.S. Navy's closed

Naval Undersea Warfare Center (NUWC), the regional

Water Pollution Control Facility (WPCF), and the ad-

jaeent Fort Trumbull area as shown in Figure 2.

The driving force behind this project is the City of

New London's desire to revitalize its economy by fo-

proposed Pfizer, Inc. Global Development Facility

a te teated tmenattany to Gan eth of Go SP

boundary. In an effort to induce private investment

into the Fort Trumbull area, considerable funding has

been committed to this redevelopment project by vari-

ous offices of the State of Connecticut and the City of

New London.

In order to the redevelopment of the Fort Trum-

se rege ny sty Fee in ae tind me

after numerous public meetings and consultation with

Federal, State, regional and local organizations, identi-

fied four major goals for the redevelopment of the site.

These goals are presented below:

e To create a world-class development that will

complement the undertakings of Pfizer, Inc. and

set a standard for development in New London;

e ‘To create an economic asset for the City of New

London that will create jobs, generate tax reve-

ue, and result in spin-off economic activity,

e To maximize public access to the waterfront and,

in doing so, encourage uses which are water de-

pendent or which will be enhanced by water ac-

cess and views; and

e To develop a project which will help build momen-

tum for the revitalization of downtown New Lon-

don and the balance of the city to the benefit of

the City’s residents and visitors

— Ge — City of New London

—_I

Figure 1

Location Map - City of New London

Fort Trumbull MDP Area - New London, Connecticut 4

Draft Environmental Impact Evaluation - November 1998 ——

‘ort Trumbull MDP Area - New London, Connecticut

Figure 2

95

The Environmental Impact Evaluation evaluated

six land use alternatives with an array of land uses.

While there is some overlap and common elements

in the six land use alternatives, each has a distinct

theme as noted below:

Alternative No. 1 — No Action

Alternative No. 2 — Recreation/Tourism

Alternative No. 3 — Residential/Commercial

Alternative No. 4 — Business Campus

Alternative No. 5 — Mixed Use 1

Alternative No. 6 — Mixed Use 2

The analysis contained in the Draft EIE evaluated

the impact of the various components associated with

the six land use plans. It was recognized that the ul-

timate preferred land use plan could borrow land use

components from any or all of the plans. As stated in

the Draft EIE: “The alternative plans represent gen-

eral land use areas and density of development. They

are not intended to be exact geographic limits or con-

figurations. A preferred alternative has not been se-

lected and it is anticipated that the ultimate selected

preferred plan may be a hybrid of several alterna-

tives.”

Following the 45 day review and comment period of

the Draft Environmental Impact Evaluation for the

Fort Trumbull MDP area, review of public and state

agency comments, and consideration of the adminis-

trative record, technical data and other relevant in-

formation, the Record of Decision was developed and

a preferred composite land use plan was selected as

presented in Figure 3. The four goals identified for

this project which highlight economic development

through the creation of jobs, tax revenues, and spin-off

1.3

96

economic activity, played a major role in the ultimate

selection of the preferred composite land use plan. A

conditional approval was subsequently issued on

April 20, 1999 by the Office of Policy and Manage-

ment (See Appendix A).

Balancing the competing needs and impacts of this

project led to the ultimate selection of a modified

mixed use alternative. A compromise of economic de-

velopment with environmental impacts resulted in an

alternative which takes advantage of the economic

potential of business development, coupled with the

positive aspects of a mixed use community develop-

ment. The result is a positive outcome with fewer

negative impacts.

* * *

Summary of Major EIE Issues

The following discussion briefly summarizes the ma-

jor issues raised during the Draft EIE review process.

Regional W. Pollution C | Facili | the Ac-

tive Amtrak Rail Line - The western Fort Area sup-

ports a sewage treatment plant and the active

Amtrak railroad. The adjacency of these land uses to

the planned land uses in the MDP area posed a chal-

lenge with respect to compatibility and aesthetic is-

sues. Placement of less sensitive land uses in

combination with planned improvements to the

WPCF have been incorporated into the MDP to lessen

the impacts of these utilities.

Proposed Fort Trumbull State Park - A 16-acre State

Park will be located at the inactive NUWC site along

the Thames River. The MDP has been prepared in an

effort to complement and be compatible with the pro-

posed park.

97

Traffic - The MDP and other planned projects in the

vicinity of the Fort Trumbull area will result in addi-

tional traffic. Mitigation measures have been pro-

posed to offset these impacts.

Cultural Resources - Several studies have revealed

that areas of low, medium, and high archaeological

sensitivity exist within the MDP area, both within

and outside of the NUWC site. An overview of the

recommendations of the Connecticut Historical Com-

mission and related studies can be found in the Final

Environmental Impact Evaluation and associated Re-

cord of Decision dated March 1999 (EIE/ROD), in sec-

tion 2.7.3, entitled “Cultural Resources in the MDP

Area.”

All necessary mitigation will be reviewed by the Con-

necticut Historical Commission and State Historic

Preservation Office, and performed to their standards

in areas that will be disturbed due to the implemen-

tation of the MDP.

Studies to date include “Cultural Resources Survey:

Naval Undersea Warfare Center,” prepared by TAMS

Consultants, Inc. for the Northern Division Naval Fa-

cilities Engineering Command Department of the

Navy, April, 1998 and “Archaeological Assessment

Survey: The Fort Trumbull MDP Area,” prepared by

Associates, LLC, September, 1998 for NLDC.

The results of these surveys have been reviewed, and

the proposed course of action incorporates their rec-

ommendations. Both of these surveys are cited in the

composite land use plan recommended in February

1999 “Selection of and Rationale for the Preferred Al-

ternative — Fort Trumbull MDP Area,” which noted

areas of low, medium, and high archaeological and

cultural sensitivity. Certain areas within the MDP

will require mitigation work to be completed before

these areas are disturbed. This work has already been

98

initiated with the concurrence of the Connecticut His-

torical Commission and State Historic Preservation

Office.

Floodplain Issues - As shown in Figure 5, much of the

Fort Trumbull MDP area is located in the flood haz-

ard zone. An exemption from current DEP floodplain

policy is required in order to pursue the proposed de-

velopment within a portion of the MDP area that is

currently classified as floodplain. The MDP plan in-

volves the addition of fill to elevate portions of devel-

opment areas in Parcels 1 and 2 that are currently

classified as floodplain, and raise the land in those

areas above the 100-year flood plain.

A Floodplain Management Certification exemption is

being requested through the Department of Environ-

mental Protection concurrent with the MDP approval

process. A copy of the exemption package is included

under separate cover to the MDP (see Appendix G for

the Executive Summary). The exemption is merited

due to the following unique existing conditions at the

site:

* Existing flood plain elevations in the hotel and

residential development sites are high, within one

to three feet of the predicted 100-year flood eleva-

tion. A relatively small amount of fill is required to

remove these hotel and residential development

sites from the flood plain. The hotel site will re-

quire approximately 1,700 cubic yards of fill, and

the residential site will require approximately

7,700 cubic yards of fill. The cost of fill to raise site

to the 100-year base flood elevation of 10.0 feet

NGVD will be borne by the private developer. Fig-

ure 6 shows the future proposed floodplain.

° Floodplain area is attached to large area of higher

ground. Therefore the proposed grade changes will

not create “islands” during flooding events.

99

The floodplain area in its current state is com-

pletely eal with asphalt and buildings which

must be demolished. It is likely that site and soil

remediation alone will increase elevations on por-

tions of the property, placing them above the 100-

year floodplain.

The completed project will reduce the impervious

coverage of the site to approximately one-half of

the current coverage.

The NUWC site, which comprises a large portion

of the waterfront land in the MDP area, is a for-

mer military base. The existing buildings are not

flood proofed and it is economically infeasible to

upgrade them to FEMA standards for re-use.

j i iable

The project goal is to promote economically via

development that restores this land to the tax

base of the City of New London.

The proposed project has no impact on flood stor-

age a enna issues because this area of the

Thames River is tidally influenced and not subject

to riverine flooding.

A flood evacuation route will be provided on

streets that are at elevation 7.1 feet NGVD or

higher, as shown in Figure 4. This meets the

FEMA flood level standard for a 10-year storm,

and is 0.7 feet higher than the U.S. Army Corps of

Engineers 10-year flood level of 6.4 feet NGVD.

ing the 100-year design storm, the evacuation

oy be ra ee to vehicles for only one

hour and 35 minutes, and will be impassable to

emergency vehicles for only 50 minutes out of the

12 hour cycle.

Proposed hotel and residential development will

comply with the provisions of the National Flood

Insurance Program. Finished grades in those

100

development sites will be at or above 10.0 feet

NGVD. The lowest floor of residential structures

(including the hotel) will be built at or above 13.4

feet; one foot higher than the 500-year flood level

of 12.4 feet NGVD (see Figure 4).

Revisions to FEMA flood maps will be completed prior to

the occupancy of any structures within the parcel areas.

Emergency Evacuation - An evacuation plan outline

has been created, and is included in Section 5.5. Also

refer to Figure 4.

| ~ The proposed

development of the Fort Trumbull peninsula is in-

tended and committed to providing maximum water

access and water dependent uses. The project plan in-

cludes a network of public access walkways along the

entire waterfront. For boating and water access, the

plan includes an improved and enhanced Fort Trum-

bull marina on Bentley Creek, which will be incorpo-

rated into a future marina training center, as well as

a site for a future marina (including piers for larger

vessels) along the Columbia Cove waterfront. Addi-

tionally, Parcel 6 includes a waterfront development

site on Shaw’s Cove, shorefront that is currently oc-

cupied by a non-water dependent use.

An additional marina site, which will be set aside for

mixed use (including commercial fishing vessels), is

intended for the waterfront portion of Parcel 1 be-

tween the Columbia Cove Marina and the Shaws

Cove Railroad bridge.

Commercial fishing and lobstering vessels are cur-

rently homeported in the MDP area. Some of these

vessels will be accommodated at Fort Trumbull Ma-

rina. Should any other of the fishing related busi-

nesses currently operating in the MDP area need to

relocate outside of the MDP area, the Relocation Plan

(included herein as Appendix E) anticipates providing

101

financial and other relocation assistance in accor-

dance with Chapter 135 of the Connecticut General

Statutes. This information is highlighted in section

7.4, entitled “Availability of Relocation Facilities.

The MDP is committed to no overall diminishment of

water dependent uses. This includes no displacement

of water dependent uses without relocation support as

indicated above, involving either integration with the

development program or finding of an alternative

suitable site.

Conclusions

The areawide Phase I environmental site assessment

has been completed for the MDP area. Based on con-

ditions encountered, it is believed that environmental

contamination of soils and groundwater exists within

the project area. The likely contaminant/waste types

expected to be encountered during the investigation

and remediation of the properties within the MDP

area generally include:

* Petroleum ucts (gasoline, heating oil, waste

oils, wed oils) associated with a gasoline

station, several auto and marine repair facilities,

several currei.* and former underground oil tanks

and a former wi terminal.

* Commercial/industrial solvents in a7

cleaning, autobody and painting) associated wi

auto and marine repair facilities, former dry

cleaning operations, wood furniture refinishers

and autobody/painting operations.

* Metal-containing wastes associated with former

foundry operations and a junkyard

* Polychlorinated Biphenyls (PCBs) associated with

a former junkyard, a railroad maintenance facility

and a former barrel storage facility.

102

Further inv «ry ations will be required to confirm and de-

fine suspected contamination sources, possibly including:

¢ soil gas analysis to screen for areas of contamina-

tion in soils and groundwater;

* a ground penetrating radar survey (GPR) on cer-

tain sites where unidentified USTs are suspected;

* collection of surface soil or waste samples to de-

termine if surficial soils are contaminated from

operations spillage or disposal;

* installation of borings and sampling of subsurface

soils to determine if USTs have leaked and to de-

termine sources and extent of groundwater con-

* sampling of waste and debris piles, abandoned

¢ asbestos surveys;

° survey buildings for lead paint using x-ray fluo-

rescence; and

* sampling of stained or potentially contaminated

building surfaces.

Phase II Environmental Site Assessments will be

performed at the 15 locations in the project area

indicated in Table 3-5. These 15 specific areas include

multiple land parcels where the current or former use

of the property spans two or more defined municipal

tax lot designations. Also, although included in the

MDP area Phase I review, the following properties are

currently being addressed under different state or

federal programs in terms of environmental investi-

gation and remediation: The former Naval Undersea

Warfare Center (NUWC) and the two parcels adjacent

to the south half of the Calamari Brothers

Yard. Additionally, the two parcels within the MD?

which are occupied by the Regional Water Pollution

103

Control Facility (sewage treatment plant) are to be

unaffected by the MDP redevelopment and therefore

no additional work is anticipated.

Table 3-5

Recommended Phase II ESA

Site (Properties)

Address

iner & Alexander

umber (67)

50 Howard Street

ormer Spinatos Body

(80, 81)

Hamilton

ormer Pequot Foundry

64)

162 Howard Street

Ron's Autobody (31)

72 Smith Street

ormer Pequot Foundry

78)

190 Howard Street

Former Junkyard (91-94) ,.97 Howard Street

ormer Carole Cleaners

= Howard Street

163 Howard Street

Hamilton

S| 3) 8} Fa) Sin

175 Howard Street

and

oe

urer (114)

wo! alsi>

trak Yard (109)

Walbach Street

(properties) = lot numbers from EIE/ROR Fig. 2.15-1

- ;

104

The remaining properties in the MDP -

sidered low risk residential, commented er er one

oped properties.

Based on the results of the pending Phase II investi-

gations, it is anticipated that most of the properties

will require one or more of the following:

* Degree and extent of contamination definiti

(Phase III); a

* Preparation of remedial action plans (RAP) based

on the type, distribution and severity of contami-

nation and the intended reuse of the property; and

_* Remediation of the property pursuant to the RAP

Some of the properties within the MDP area ma

y be

regulated under the Connecticut Transfer Act (CTA)

C.G.S. 22a-134a through 134e and therefore subject

to CTA guidelines as well as applicable state and fed-

properties identified as definite or potential CTA

regulated sites are indicated in Table 3-6.

Table 3-6

Potential CTA Regulated Sites

Site | Address Reasoning

ormer Junkyard]i97 Howard Former junkyard

Amtrak Yard {30 Walbach Street jonal Rail

Maintenance Facility,

possible

ormer Broach 21 Pequot Avenue Stripper Ca. 1

present, definite

enews 72 Smith Street —

105

For those properties which are determined to be es-

tablishments in terms of the CTA, the following addi-

tional actions will be necessary upon property

transfer:

* Filing of a Form I, Il, Ill or IV with CT-DEP

(Form | is for establishments where no release has

occurred; Form II where all releases have been

remediated and the DEP Commissioner or a Li-

censed Environmental Professional (LEP) has

verified completion; Form III where a release has

occurred but investigation/remediation is still be-

ing performed, and Form IV where all remedial

actions have been performed but post-remedial

monitoring has yet to be completed.

¢ Filing an Environmental Condition Assessment

Form (ECAF) concurrent with any Form III or

Form IV filing. The ECAF will be reviewed by

DEP who will either retain the lead for investiga-

tion and remediation or allow assignment to a Li-

censed Environmental Professional (LEP) to bring

the property into and verify compliance with the

Remediation Standard Regulation (RSR) RCSA

22a-133k-1 through 133k-3.

Although several of the other high risk sites have

some potential for site contamination, they do not

meet the CTA regulatory thresholds for hazardous

waste generation or specific activity, during the requi-

Based on the age of most of the buildings in the MDP

area, they can be expected to possibly contain both

asbestos materials and lead based paint products, as

confirmed by initial walkthroughs of accessed proper-

ties.

Prior to the demolition of any commercial, industrial

or public buildings or buildings containing five or

106

more residential units, they must-be inspected for as-

bestos-containing material and any such materials

must be removed. The National Emissions Standards

for Hazardous Air Pollutants - Subpart M also re-

quires that the Federal EPA be notified 10 working

days prior to demolition. For further information, con-

tact the EPA at (617) 918-1650.

The disposal of material containing asbestos requires

the approval of the Waste Engineering and Enforce-

ment Division pursuant to section 22a-209-8(I) of the

Regulations of Connecticut State Agencies. Proper

disposal technique requires that the material be

bagged and labeled and placed in an approved secure

landfill. For further information and to obtain the ap-

plication for approval, contact the division at (860)

424-3366.

The disposal of demolition waste should be handled in

accordance with applicable solid waste statutes and

regulations. Clean fill is defined in section 22a-209-1

of the Regulations of Connecticut State Agencies

(RCSA) and includes only natural soil, rock, brick, ce-

ramics, concrete and asphalt paving fragments. Clean

fill can be used on site or at appropriate off-site loca-

tions. Clean fill does not include uncured asphalt,

demolition waste containing other than brick or rub-

ble, contaminated demolition wastes (e.g. contami-

nated with oil or lead paint), tree stumps, or any kind

of contaminated soils. Land clearing debris and waste

other than clean fill resulting from demolition activi-

ties is considered bulky waste, also defined in section

22a-209-1 of the RCSA. Bulky waste 1s classified as

special waste and must be disposed of at a permitted

landfill or other solid waste processing facility pursu-

ant to section 22a-208c of the Connecticut General

Statutes and section 22a-209-2 of the RCSA. For fur-

ther information concerning disposal of demolition

107

debris, contact the solid waste staff of the Waste En-

gineering & Enforcement Division at (860) 424-3366.

Residue generated by the removal of lead paint is

considered to be hazardous waste if it meets the char-

acteristics contained at 40 CFR 261. This must be de-

mation and to obtain the guidance document, contact

the Waste Engineering and Enforcement Division at

(860) 424-3372.

The removal of underground storage tanks should fol-

low the procedures outlined in the code of the Na-

tional Fire Protection Association (NFPA 30, Appendix

the underlying native . A listing of poten c

taminants that should be analyzed and suggested

Tank Program at (860) 424-3374.

5.0

5.1

108

If soil and/or groundwater contamination is discov-

ered during the implementation of the project, the

Permitting, Enforcement and Remediation Division

should be notified in writing. The site will then be

placed on the division’s database and further assess-

ment will be made to determine the appropriate

course of action. In order to achieve proper remedia-

tion, the extent of contamination shonld be clearly de-

fined, a cleanup plan developed, and measures

implemented that will clean up the site in accordance

with applicable criteria in the Connecticut Remedia-

tion Standard Regulations adopted pursuant to sec-

tion 22a-133k et seq. of the CGS. For further

information, contact the Permitting, Enforcement and

Remediation Division at (860) 424-3705.

3.5.2 Environmental Impact Evaluation

The Final Fort Trumbull MDP Area Environmental

Impact Evaluation (EIE) and associated Record of De-

cision provided under separate cover, is incorporated

herein by reference.

* * *

PROPOSED IMPROVEMENTS

Proposed Land Uses

The proposed land uses for parcels within the MDP

area are graphically illustrated in appended Map 5.1.

The following discussion summarizes opportunities

for use of the parcels within the area. The proposed

composite land use alternative has been estimated to

generate between $680,000 and $1,250,000 in addi-

tional property taxes annually.

109

Parcel 1 - Village/Hotel Parcel (10.5 acres)

This parcel will accommodate a combination of uses to

create a small urban village. The largest and most

prominent feature will be a high-quality conference

hotel with between 200 and 250 rooms, meeting

space, banquet facilities, restaurants, and boutique

retail. This complex will face the Thames River and

front on the village green. .

Convenient parking with approximately 375 spaces

will be provided in an adjacent lot and garages, in-

cluding a parking deck below the hotel structure (at

or above 10.0 feet NGVD).

On the waterfront, across the Riverwalk from the ho-

tel, will be a marina that will cater to transient boat-

ers who want shore access to the sites and activities

of the Fort Trumbull area and, particularly, the vil-

lage center. In season, the marina will offer a variety

of facilities to area residents, hotel occupants, and the

general public, such as boat rentals, boating lessons,

and fishing, thereby adding interest, entertainment,

and water-edge activities in front of the hotel and

near the Village Green.

An additional mixed use marina site will be available

on the waterfront north of the hotel. This marina site

is intended to provide additional mooring facilities for

commercial fishing vessels. There will be a continuous

public walkway along the water’s edge of the entire

parcel.

Parcel 2 - Residential Parcel (10.3 acres)

The residential parcel will provide for a community

of approximately 80 new residential units. The par-

cel is located north of Walbach Street between Smith

Street and the proposed Fort Trumbull State Park.

110

The proposed residences will offer a variety of loca-

tions and orientations, including riverfront, river

view, park view, and adjacency to the village center.

The buildings will be organized to create an urban

neighborhood with units that will be immediately ad-

jacent to or near amenities including the river, village

shopping and services, and the state park.

The community will be located adjacent to mostly

passive uses within the peninsula. Vehicular access

will be provided from Smith Street and a network of

internal residential streets. The community will ad-

join the village to the north, where residents will have

easy access to services and conveniences. There will

be community and recreational facilities within the

development to serve residents. Among them will be a

pool complex, sport courts, and a community meeting/

club room. Each unit will have parking for residents

and guests. A continuous public access walkway will

pass through the community along the river’s edge

linking it to the State Park, the village center, and

points beyond.

A site at the southern end of Parcel 2 adjacent to the

State Park has been reserved for the development of

the National Coast Guard Museum, which will move

to this site from the Coast Guard Academy.

Parcel 3 - Office/R&D/Health Club (7.0 acres)

Located between the proposed residential community

on Parcel 2 and the railroad right-of-way, this parcel

will be used for high-technology office space. It will

also include a two story health club complex with

pool. This complex will be available to hotel guests,

residence owners, and members of the business and

residential communities of the city.

111

The parcel will support a minimum of 90,000 square

feet of office space, plus necessary parking. The option

exists to build either two or three story buildings.

Some parking could be included on parking decks be-

low the structures to reduce the amount of ground

space devoted to impervious cover. The remaining

surface parking can be located within the interior of

the parcel behind the buildings and largely buffered

from view.

The location of this development parcel will be close

to the improved intersection of Walbach and

Nameaug Streets, allowing traffic to have direct ac-

cess to the development rather than crossing through

other uses proposed for the redevelopment area.

Landscape enhancements at the intersection and

along the length of a new Nameaug Street will help

create a distinctive and attractive actess corridor to

the village center. This location for R&D/office space

will provide workers convenient access to support

services in the village center. It is also in close prox-

imity to other office and R&D development in the vi-

cinity, including the Pfizer Global Development

Facility.

Parcel 4- Park Support/Marina Parcels (2.4/1.7

acres)

Parcels 4A and 4B will provide land and water reno-

vation of the small marina and development of a

unique state-of-the os nomen be we ——

ing buildings will he or sup training fa-

cilities. The existing marina will be reconfigured and

rebuilt to provide between 40 and 50 permanent slips.

The riverwalk will be continued from the state park

these development parcels and beyond to the

head of Bentley Creek. Pedestrian access through the

wastewater treatment facility will be negotiated with

112

the City to provide a continuous walkway system. A

portion of Parcel 4A will be redeveloped for uses that

support the state park, such as parking, or for uses

such as retail that will serve park visitors and mem-

bers of the community.

Parcel 5 - Office/R&D Parcel (2.4/1.9/5.3 acres)

Parcels 5A, 5B, and 5C will provide space for modern,

technology-oriented offive/R&D buildings, as well as

associated surface parking. The three parcels will ac-

commodate four buildings for a total of approximately

140,000 square feet of building space. The existing

building on Parcel 5A, which was recently renovated

for office use, will be retained. Some of the parking

previously approved for this building in a location

west of Howard Street will be retained as well. Parcel

5B will be redeveloped for a two-story building with

surface parking. Parcel 5C will be developed for two,

two-story buildings and some convenience retail use

near the intersection of Howard and Shaw Streets.

Howard Street, which separates Parcel 5C from Par-

cels 5A and 5B, will be slightly realigned and im-

proved with new sidewalks, curb-cuts, street lighting,

landscaping, and signage to provide convenient and

safe vehicular access to the development parcels. Im-

provements to Howard Street and the railroad under-

passes will establish a new image and gateway to the

entire redevelopment area and will reinforce the

City’s prior redevelopment efforts along Howard

Street south of Bank Street.

Parcel 6 - Waterfront Commercial Parcel (2.3 acres)

Parcel 6 will be used for a mix of water-dependent

commercial uses. Access for vehicles will be from

113

upgraded Howard Street and Hamilton Street and for

boats from Shaw’s Cove. The parcel will accommodate

three buildings for a total of between 20,000 and

25,000 square feet, in addition to the required park-

ing.

Parcel 7 - R&D/Office Parcel (0.72 acre)

, ; —

This parcel is located southwest of the intersection 0

Pequot Avenue and Trumbull Street. This area will be

reconfigured for better vehicular and pedestrian cir-

culation and improved access under the rail line. The

parcel is small and will be used for office/R&D devel-

opment.

Proposed Zoning

5.2.1 Proposed Zoning Designation Changes

Appended Map 5.2 presents the proposed zoning clas-

or for parcels within the MDP area. All of the

MDP area east of the Amtrak Railroad right-of-way to

the water’s edge will be zoned WC-I with special pro-

visions. Please refer to Map 3.2 and Section 3.2 which

presents a summary of existing zoning designations.

The following revisions to the zoning classifications

for the MDP parcels will be recommended to the City

of New London Planning and Zoning Commission:

¢ Parcel 1 currently has three zoning classifications

comprised of a narrow strip of WD zoned land run-

ning parallel to the railroad right-of-way, a small

portion of C-1 zoned land along the old Hamilton

Street right-of-way, and a sizeable waterfront par-

cel zoned WC-I. Future zoning of Parcel 1 shall be

WC-I.

114

* Parcel 2 shall retain its current zoning classifica-

tion of WC-I.

* Parcel 3 is currently zoned C-1. This shall change

to a WC-I zoning classification.

* Parcel 4A is currently zoned C-1 land. This shall

change to a WC-I zoning classification. Parcel 4B

shall retain its current zoning classification of

WC-I.

¢ Parcels 5A, 5B and 5C shall retain their current

zoning classification of C-1.

¢ Parcel 6 shall retain its WD classification.

¢ Parcel 7 shall retain its WC-I classification.

¢ The area of the regional Water Pollution Control

Facility is currently zoned C-1 north of Trumbull

Street and WC-I. It should be noted that zoning

regulations do not necessarily apply to municipal

property owned or leased by the City of New Lon-

don for public purpose, in accordance with Chap-

ter 124, Section 8-2 of the Connecticut General

Statutes. However, site plan approval review by

the Planning and Zoning Commission shall be re-

quired for any further development on that parcel,

as set forth in Article VIII, Section 800 of the Zon-

ing Regulations.

¢ Fort Trumbull State Park shall retain its current

zoning classification of WC-I.

5.2.2 Applicability of Proposed Zoning Amend-

ments

The City of New London Zoning regulations are pro-

posed to be amended as specifically provided in this

Municipal Development Plan. Where controls differ

115

between the Zoning Regulations and the Municipal

Development Plan, the more stringent shall govern.

als shall follow a two-step process. In step one,

py ow land development plan and design will be

prepared and agreed upon by DECD and the desig-

nated development agency (i.e. New London Devel-

opment Corporation) and the selected developer.

Design guidelines and review procedures as estab-

lished by the development agency shall be followed.

Any deviation from the MDP and the associated de-

sign guidelines must be accepted by DECD and the

development agency. In step two, the developer shall

seek and obtain approvals from the New London

Planning and Zoning Commission in accordance with

zoning provisions and site plan review requirements.

5.2.3 Proposed Zoning Amendments for the MDP

Area

ndments set forth below shall be applicable only

~ zoning districts located within the MDP area

as defined by the adopted Municipal Development

Plan. The applicable zoning districts are C-1, WC-l,

and WD. Outside the MDP area, all requirements of

these districts as set forth in the City’s Zoning Regu-

lations and Code shall apply. Amendments for the

MDP area for C-1 and WC-I are as stated below. The

full regulation is eg Text which is recom-

for deletion is shown as “strike-through:”

see additions are shown in “bolded italic 8.

No amendments are proposed for the WD district

within the MDP.

116

Amendment to C-1 district regulations:

510.1 Purpose of District. To provide for a wide

range of commercial endtimitedindustriattiuses along

major arterials; to accommodate uses that benefit

from large numbers of motorists, and business that

are not intensive central business area type activities.

New residential development is discouraged except in

certain instances.

510.2 Permitted Uses. Uses Permitted shall disallow

any use not listed below. Uses permitted shall be lim-

ited to those listed below and shall be subject to issu-

ance of a Special Permit by the Planning and Zoning

Commission in accordance with the requirements of

Article VIII, Section 810 of these zoning regulations.

Uses not specifically permitted shall be prohibited.

1) Retail stores and service businesses.

2) Business and professional offices and banks.

3) Restaurants.

4) Buildings and mixed uses subject to the following

requirements.

a) All lot and bulk requirements for each use

are satisfied.

b) Separate entrances and exits shall be pro-

vided for residential and non-residential por-

tions of the building.

5) Research and development uses, provided that

any manufacturing shall be limited to prototypes

and products testing.

rm_aeeordance with the requrrements_of Artrete VHE,

Section-810-0f thi ono

ee

118

122

124

510.3 Accessory Uses

1) Off-street parking and loading f

ane ng for uses permitted

2) Buildings for housing pets; children’s playhouses.

3) Garden houses; greenhouse

4) Signs subject to the requirements of Arti

Section 615. : ae

—5) Swimming pool, tennis courts, and related rec-

reation facilities

125

6) Amusement Device.

7) Fully enclosed storage.

8) Dumpster in rear yard only.

9) Accessory uses customary or incidental to a per-

mitted use.

510.4 Lot and Bulk Requirements

1) Minimum lot area 5,000 square feet.

2) Minimum yards and setbacks.

a) front — 10 feet, except new residential devel-

opment must have 25 feet (see Article VI,

Section 605.G.4)

b) side — six feet; new residential development

must have 10 foot side yards.

c) rear — 10 feet except new residential devel-

opment must have 20 foot rear yard.

3) Maximum height — 40 55 feet, except the maxi-

mum height may be increased by special permit,

provided that parking is created under, within, or

on top of the structure, or the commission finds

that the parking requirements are substantially

exceeded in some other manner of off-street

parking.

4) Maximum lot coverage of principal and accessory

building — 80 percent, except new residential de-

velopment which may occupy 50 percent of the

site.

510.5 Off-Street Parking and Loading

Off-street parking and loading spaces shall be pro-

vided for each lot within this district in accordance

126

with the provisions of Article VI, Section 614 of these

regulations.

Amendment to WC-I district regulations:

550.1 Purpose of the Waterfront Commercial-

Industrial District. Encourage water dependent and

water related industrial and major commercial use

and where appropriate and feasible, public access,

along appropriate portions of the Thames River wa-

terfront consistent with the objectives of the Con-

necticut Coastal Management Act, and the New

London Municipal Coastal Program and Plan of Con-

servation and Development (see Purposes of Section

540).

540.1 Purpose of District. The purpose of the

Waterfront Development District is to encourage

a mixture of land uses, with emphasis on water-

front access and water dependent and related

uses. The City of New London contains a number

of valuable waterfront areas along the Thames

River, which have potential for waterfront devel-

opment of different types. In accordance with the

City’s planning objectives outlined in the Coastal

Area Management Plan (CAM) and in the Plan of

Development, portions of the waterfront are to be

devoted to non-industrial uses and other portions

to industrial and port uses. The Waterfront De-

velopment District is designed to achieve the most

appropriate use of land and structures in the pre-

dominantly marine business non-industrial por-

tions of these waterfront areas and consistent

with the design guidelines included here and in

the Municipal Coastal Program adopted by the

Planning and Zoning Commission.

127

New residential development contributing to the crea-

tion of an active water-related mixed-use district shall

be encouraged, as envisioned in the Waterfront Urban

Village concept that is to guide the overall develop-

ment of the Fort Trumbull MDP area.

550.2 Permitted uses. The following water depend-

ent and water related uses are permitted by right:

1) Public and private parks and playgrounds.

2) Yacht clubs and marinas, including uses acces-

sory to them such as swimming pools, tennis

courts, racquetball facilities.

3) Boat docks, slips, piers and wharves for fishing,

yachts and pleasure boats or for ~ for hire

carrying passengers on excursions, pleasure, or

fishing trips or for vessels engaged in fishery or

shell fishery.

4) Boat and marine engine sales and display.

5) Yacht broker, marine insurance broker.

6) Rental of boats.

7) Retail sale or rental of boating, fishing, diving,

bathing supplies and rental.

8) Base operations for fishing and lobstering busi-

ness and the commercial bulk processing of fish

and shellfish including as accessory use of such

business a store or market for the sale of fish,

shellfish, and other related food products.

9) Ferry boat piers and terminals.

10) Water related museums and/or educational facili-

ties. (Amended 10/20/94)

550.3 Uses Permitted subject to the issuance of a

Special Permit by the Planning and Zoning, Commis-

sion in accordance with the provisions of Article VIII,

128

Section 810 of these regulations. These specially per-

mitted uses are intended to be allowed in conjunction

with the permitted uses cited under Section 550.2 to

the greatest extent feasible.

1) Restaurants.

2) Business and professional offices. -

3) Hotels, motels and conference facilities.

4) Retail Stores.

5) Amusement Centers.

6) Commercial recreation, such as, but not limited

to, tennis clubs, skating rinks, billiard parlors,

miniature golf courses, bowling alleys, health

clubs and uses normally accessory thereto (lock-

ers, restaurants, retail sale of goods associated

with the particular activity).

7) Buildings with mixed uses subject to the follow-

ing requirements:

(a) All lot and bulk requirements for each use

are satisfied, unless otherwise modified by

the Commission as permitted herein.

(09/01/98)

8) Port facilities for bulk shipping and storage fa-

cilities, indoor and outdoor.

9) Manufacturing, fabrication, processing and as-

sembly of goods and products.

10) Railroad yards, storage, service and repair.

11) A yard of building, storing, repairing, selling or

servicing boats which may include the following

as an accessory use: office for the sale of marine

equipment or products, dockside facilities for

dispensing fuel, restroom and laundry facilities

to serve overnight patrons. Adequate lanes must

12)

13)

14)

15)

16)

129

be provided to allow access and egress through-

out the yard for fire trucks.

Parking facilities and structures. (Amended

6/4/85) (09/01/98)

Museums and/or educational facilities.

Drinking Establishments/Cafes. (Amended 8/07/97)

Laboratories as defined in Section 210 of this or-

dinance, including but not limited to pharmaceu-

tical research and development facilities, and as

part of an overall development plan, accessory

uses such as employee fitness centers, cafeterias,

helipads and other permitted accessory uses.

(09/01/98)

Multi family and single family attached

residential uses up to a maximum density as

provided for below.

550.4 Accessory Uses

1)

2)

3)

4)

5)

6)

7)

Off-street parking and loading.

Signs subject to the requirements of Article VI,

Section 615

Enclosed storage.

Suitably screened dumpster(s).

Suitably screened public utility installations.

Accessory uses customary or incidental to a per-

mitted use.

Uses which provide general public access to the

waterfront. Access may be provided by any ap-

proved means including, but not limited to,

easements, boardwalks, decks or other similar

means. Such public access shall be identified on

the site plan and shall be provided in the form of

130

a permanent easement acceptable to the City’s

Director of Law. Easements along the shoreline

shall be at least 15 feet wide from the nearest

public street to the water and at least 12 feet

wide along the identified portion of the site

shoreline. (Amended to 09/01/98)

8) Child daycare center, subject to the requirements

of Section 420.3.6 herein. (09/01/98)

550.5 Lot and Bulk Requirements.

L) Minimum lot area - For single-family attached

residential, 2,500 square feet; for multi-family

131

residential 1,000 square feet for each dwelling

unit or rooming unit 10,000 square feet for all

other uses.

2) Minimum lot width - 25 feet for single-family at-

tached residential. 100 feet for all other uses.

3) Minimum lot frontage - 25 feet for single-family

attached residential. 75 feet for all other uses.

Where the Commission deems it desirable and

feasible, it may approve a site plan for a use

which does not have frontage on a public street,

provided that the lot meets all other requirements

and access is assured by covenants or other in-

strument acceptable to the Planning and Zoning

4) Minimum setbacks. Front Yard - 10 feet, except in

no case shall new construction at the foundation

line be less than 20 feet from the Thames River at

mean high water level elevation.

5) Maximum lot coverage of principal and accessory

buildings - 80 percent, except new residential de-

velopment which may occupy 50 percent of the

site.

6) Maximum building height - 55 feet, except (1) the

maximum height may be increased by special

permit, provided that parking is created under,

within, or on top of the structure, or the commis-

sion finds that the parking requirements are sub-

stantially exceeded in some other manner of off-

street parking, or except (2) as provided in Article

V, Section 550.8. 1.

550.6 Off-Street Parking and Loading

Off-street parking and loading spaces shall be pro-

vided for each lot within this district in accordance

132

with the provisions of Article VI, Section 614 of these

regulations, unless otherwise approved by the Com-

mission pursuant to Section 550.8 herein. (09/01/98)

550.7 Design Review Guidelines

The following design guidelines shall apply to all de-

velopment within the WC-I district.

1)

2)

Related Objectives and Requirements. In review-

ing a proposed development within the WC-I

zone, the Commission shall consider the follow-

ing:

1. Site Plan objectives in Section 800B;

2. Coastal Site Plan requirements in Section

840F;

3. Municipal Coastal Program goals and objec-

tives;

4. if applicable, Special Permit objectives in

Section 810B (09/01/98).

Connecticut Coastal Management Act (CCMA)

Development shall be consistent with the appli-

cable resources and use policies, and related

goals and objectives of the CCMA. In reviewing a

development proposal, in addition to other re-

quirements of this Section, the Commission shall

consider the following:

1. The quality and extent of views from the ad-

jacent public streets through the property to

the water.

2. The design and relationship of development

to the waterfront as viewed from the water.

3. The design and function of any easements

or other access provided to and along the

3)

4)

1)

133

shoreline, including new bulkheading or

docking facilities.

4. The environmental impact on the ecosystem

and the habitat of Long Island Sound.

5. The eligibility of proposed development to

utilize any of the development incentives set

forth in Section 550.8 below. (Amended

10/20/94) (09/01/98)

High ity Urban Design Features Develop-

po ety op Aen to provide high quality design

features, consistent with the development’s pur-

pose and setting. Landscape, site and building

lighting, surface treatments, pedestrian features,

walkways, signs and other similar features

should all be of the highest quality of materials,

installed in accordance with applicable standards

and procedures and properly maintained or re-

placed in kind as necessary. (09/01/98)

Water Quality and Resource Protection All devel-

opment shall strive to protect and enhance sensi-

tive natural features = =, Applicants

shall integrate natural features resources

into the development plan where — and

ppropriate, and may employ a variety of meas-

Gres to achieve this objective, including but not

groundwater, best management practices im-

prove the quality of storm water discharge to

Long Island Sound and tidal wetlands; and res-

toration of degraded wildlife habitats. (09/01/98)

550.8 Permitted Modifications to Bulk and Other Re-

quirements

General In order to achieve the goals and objec-

tives of the Municipal Coastal Program, Plan of

2)

134

Conservation and Development and WC-I Zone,

the Commission may provide a greater degree of

flexibility in project design through approval of

modifications of the zoning requirements de-

scribed herein. In approving such modifications,

the Commission shall consider the requirements

of Section 550.7, as well as the review criteria

described below. Approval of modifications is

strictly limited to the requirements and provi-

sions of this section, and shall be accomplished

through approval of a special permit by the

Commission. (09/01/98)

Permissible Modifications and Applicable Review

Criteria The Commission may modify the follow-

ing in approving a development within the WC-I

zone, subject to the criteria for evaluating each

proposed modifications. These criteria are in ad-

dition to those provided for in Section 840

Coastal Site Plans, Section 800 Site Plans and

Section 810 Special Permits. The approval of any

modifications shall also be consistent with any

and all requirements of Section 800, 810 and 840

as applicable. (09/01/98)

A. Permissible Modifications in all WC-I De-

velopments

(1) Minimum Lot Frontage (ref Section

550.5.3) Where the Commission deems

it desirable and feasible, it may approve

a site plan for a use which does not

have frontage on a public street, pro-

vided that the lot meets all other re-

quirements and access is assured by

covenants or other instrument accept-

able to the Planning & Zoning Commis-

sion. (09/01/98)

135

(2) Minimum Side Yard Setback (ref Sec-

tion 550.5-4) The Commission may

permit a reduction in the side yard to

“0” if in its judgment such a reduction

will help to achieve the purposes of the

district. If a sideyard is provided how-

ever, it must be at least 10 feet.

(09/01/98)

(3) Maximum Building Height (ref. Section

550.5.6) The maximum height may be

increased, provided that parking is cre-

ated under, within, or on top of the

structure, or the Commission finds that

parking requirements are substantially

exceeded in some other manner of off-

street parking. (Amended 12/5/88.)

(Amended 10/20/94.) (09/01/98)

Permissible Height Modifications for Devel-

opment on Lots Under 15 Acres (ref Section

550.5.6) The Planning & Zoning Commission

has determined that the loss of public views

of the Thames River and Long Island Sound

contribute: significantly to the destruction of

the character of the City as a waterfront

community. As a means to protect and en-

hance the existing and potential, views of

the water, the City has created the following

incentives to encourage development that

works to achieve this policy. In reviewing

the special permit applications under this

section, the Commission shall take! into

consideration the impact of the proposed ac-

tivity on visual access to the water. This

consideration shall be made with the objec-

tive that waterfront property shall be devel-

oped in a manner to maximize visual access

136

to and from the water. (Amended 10/24/94.)

(09/01/98)

(1) For every reduction of 5 percent in lot

coverage below the maximum 50 per-

cent, an additional 10 feet of building;

height may be permitted up to a maxi-

mum of 90 feet; or (09/01/98)

(2) Maximum building height may be in-

creased by 10 feet for every 10 feet the

building as set back from one of the! re-

quired setback lines, up to a maximum

of 90 feet of building height (09/01/98)

Additional Permissible Modifications for

Development on Lots of 15 Acres or More.

The Commission recognizes the need to pro-

vide design and procedural flexibility for

complex, large scale developments which

may include a mix of uses, or which may be

developed in phases over a period of years.

Therefore, developments on lots of 15 acres

or more may apply for, and the Commission

may approve, modifications to the following

provisions:

(1) Lot Coverage (ref. Section 550.5.5) The

Commission may increase maximum lot

coverage from 50% to no more than 65%

if the additional coverage is devoted ex-

clusively to one or more parking struc-

tures_(09/01/98)

(2) Maximum Building Height (ref. Sec-

tion 550.5.6) The Planning & Zoning

Commission has determined that the

loss of public views of the Thames

River and Long Island Sound contrib-

ute significantly to the destruction of

137

the character of the City as a water-

front community. As a means to protect

and enhance the existing and potential

views of the water, the City has created

the following incentives to encourage

development that works to achieve this

policy. In reviewing the special permit

applications under this section, the

Commission shall take into considera-

tion the impact of the proposed activity

on visual access to the water. This con-

sideration shall be made with the objec-

tive that waterfront property shall be

developed in a manner to maximize

visual access to and from the water.

(Amended 10/20/94.) (09/01/98)

a. The Commission may increase

building height to a maximum of

no more than 150 feet if it finds

that such height is appropriate af-

ter considering the following:

(09/01/98)

1. Physical constraints of the

site, including soils, topogra-

phy, parcel size and shape,

neighboring buildings and

land uses and other limita-

tions; and (09/01/98)

design, grading, landscaping

and similar features. (09/01/98)

(3) Multiple Principal Buildings On One

Lot (ref Section 605H) The Commission

may modify the requirements of Section

(4)

(5)

138

605H in order to permit a unified ar-

rangement of buildings on one parcel.

In reviewing requests for modifications

of these provisions, the Commission

shall consider provisions for internal

vehicular and pedestrian circulation,

building designs, heights and separa-

tion distances, site and building cwner-

ship and control, parking location and

design, emergency access and the loca-

tion and nature of abutting uses.

(09/01/98)

L

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