1994/03/23
Chairman Joseph Suranna called a public hearing of the Berlin Zoning Commission to
order at 7:00 p.m. in the Town Meeting Room, Town Hall on March 23, 1994 to hear the
following item:
a.
Fill permit request of Jet Development Corp. to fill 46,000 cubic yards of
material at Lot 13, Block 12 located on the west side of the Chamberlain
Highway, north of Reservoir Road.
Present:
Commissioners Robert Baumann, Dr. Martin Harwin, Kenneth Jovin,
Kathryn Kearns, Alan Ladd, and Salvatore Messina
Absent:
Commissioner Geraldine Wagner
A zone change request of the Fox Hill Land Co. had also been scheduled for public
hearing at this time; however, Chairman Suranna stated for the record that due to a
potential defect in the legal notice which had been published and a potential defect in the
posting of signs on the affected parcels, Attorney Richard Pentore, attorney for the Fox
Hill Land Co., had requested the hearing for his client's application be rescheduled to
April 13, 1994.
Following the public hearing, the Regular Meeting of the Zoning Commission was called
to order in Room 7 at 7:40 p.m. In attendance: Chairman Suranna, Commissioners
Baumann, Harwin, Jovin, Kearns, Ladd, Messina, and Town Planner William Voelker. .
Absent: Commissioner Wagner. ".
Audience of Citizens
Attorney Jeffrey Cugno introduced himself and the family of his client, Mrs. Helen
Messina.
Review of Zoning Commission Minutes
After review, a motion to accept the minutes of the January 19, 1994 meeting was made by
Commissioner Kearns, seconded by Commissioner Baumann, and carried unanimously.
After review, a motion to accept the minutes of the January 26, 1994 meeting was made by
Commissioner Messina, seconded by Commissioner Ladd, and carried unanimously.
After review, a motion to accept the minutes of the February 9, 1994 meeting was made by
Commissioner Baumann, seconded by Commissioner Harwin, and carried unanimously.
Zoning Commission - March 23.1994 - 2
After review, a motion to accept the minutes as amended of the February 15, 1994 meeting
was made by Commissioner Baumann, seconded by Commissioner Jovin, and carried
unanimously.
After review, a motion to accept the minutes of the March 1, 1994 meeting was made by
Commissioner Baumann, seconded by Commissioner Harwin, and carried unanimously.
After review, a motion to accept the minutes as amended of the March 9, 1994 meeting
was made by Commissioner Harwin, seconded by Commissioner Jovin, and carried
unanimously.
After review, a motion to accept the minutes as amended of the March 15, 1994 meeting
was made by Commissioner Baumann, seconded by Commissioner Ladd, and carried
unanimously.
One new application was presented: A zone change request of Ditman Realty to change
the zone of Lots 51 and 52, Block 142, Wilbur Cross Highway from PED (Planned Elderly
Development) and General Commercial to POR-2 (Planned Office Residential-2).
There were no ZBA applications for the month of March.
The zone change request of Helen Messina was then discussed. Mr. Voelker reviewed the
map and application with the commissioners. He stated by a vote of 3-2, the Planning',
Commission had recommended denial of the petition because the commission found the ",
proposed change to be in conflict with the Plan of Development.
Commissioner Harwin stated opposition to the change because the increased density was
out of character with the surrounding area. Commissioner Ladd stated there was enough
Residential-21 zoning in the area and had no opposition to the change. Commissioner
Baumann stated he could see the reasoning for both sides of the issue. Commissioner
Messina stated he had visited the site and observed the lots across from the area proposed
for change had wide frontages and that there was much wooded growth in the area. He
stated the consistency of development should be with those large lots. Commissioner
Messina stated the Zoning Commission is the administrator of the aquifer map and that
this area is part of the recharge site. He further stated that although he could understand
the special concern of the applicant's request, he could see no rational for changing the
zone. Commissioner Jovin stated he had no opposition to the application. Commissioner
Kearns stated she had visited the site numerous times and although the map shows
consistency, the houses facing the area proposed for changed are on R-43 property. She
stated her concern is that over a period of time, the character of the area would be changed.
A motion to deny the application of Helen A. Messina to change the zone of Lots 92,91,
91W, and a portion of91-1, Block 10, West Lane from R-43 (ResidentiaI43) to R-21
(Residential 21) was made by Commissioner Kearns and seconded by Commissioner
Messina. The motion carried two (Commissioners Kearns and Messina voting in favor) to
one (Commissioner Jovin voting in opposition).
Zoning Commission - March 23. 1994 - 3
Mr. Voelker reviewed the application of Economic Development Director Charles Karno
to amend Section 6.07.02 and 6.07.09 (POR) of the regulations. He stated the Planning
Commission had recommended approval of the application. After discussion,
Commissioner Harwin motioned to approve the petition of Economic Development
Director Charles Karno to amend Sections 6.07.02 and 6.07.09 of the Berlin Zoning
Regulations to require a floor area ratio and increase the maximum building size in the
Planned Office Residential zones. The motion was seconded by Commissioner Kearns and
carried unanimously. Voting: Commissioner Harwin, Kearns, and Messina. The effective
date of this action will be Wednesday, March 30, 1994. The reasons for this action are:
1. The amendments do not conflict with the Plan of Development.
2. The floor area ratios are consistent with the recommendation of
the 1985 Plan of Development.
Concerns for the ongoing zoning violations at Lower Lane site of "Stan's Guns" and Rich's
Citgo service station were discussed.
Special meetings for consideration of the proposed zoning regulations and zoning map
were scheduled for April 5, 1994, April 14, 1994, and April 27, 1994. A tentative date for
a public hearing for the proposed regulations and map was scheduled for May 25, 1994.
A motion to adjourn was made by Commissioner Baumann and seconded by
Commissioner Harwin. The meeting adjourned at 8:40 p.m.
Respectfully submitted,
Salvatore l. Messina, Secretary
Frances M. Semnoski, Recording Secretary
"
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Date of Approval:
Effective Date:
March 23, 1994
March 30,1994
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6.07.07 Building Size: Each multi-family structure shall contain no more than
six dwelling units except where located within a PR-4. Zone and where dwellings are
proposed to be stacked and then no more than ten dwelling units; each office structure shall
contain no more than 15,000 squae feet of gross floor area.
6.07.09 Building Coverage and Impervious Surface: The maximum Building
Coverage and Impervious Surface permitted for each lot shall be:
Building Coverage
Impervious Surface
Floor Area Ratio
PR-l
PR-2
PR-3
PR-4
POR-l
POR-2
POR-3
MR-2
10%
15%
20%
25% _-
15%
25%
30%
10%
25%
30%
40%
50%
30%
50%
60%
25%
15%
25%
25%