1994/05/18
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The Berlin Zoning Commission held a Special Meeting on May 18, 1994 at 7:00 p.m. in
Room 7, Town Hall, to review changes to the Berlin Zoning Regulations and Zoning Map.
Excused:
Absent:
Chairman Joseph Suranna, Commissioners Kenneth Jovin, Kathryn Kearns,
Salvatore Messina, and Town Planner William Voelker
Commissioner Robert Baumann
Commissioners Dr. Martin Harwin, Alan Ladd, and Geraldine Wagner
Present:
Chairman Suranna stated that a fourth public hearing would be held for consideration of
comprehensive changes to the zoning regulations and map on May 25, 1994.
Mr. Voelker stated a legal opinion regarding undersized lots is forthcoming. The request
was prompted by a resident's testimony at a public hearing which concerned his two adjacent
lots of record and his not being able to obtain a building permit for a house.
The commissioners reviewed the attached proposed changes and reviewed their own notes
for any missed items for discussion.
The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Salvatore J. Messina, Secretary
Frances M. Semnoski, Recording Secretary
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Additional amendments to Zonin~ Regulations
1. Section IXC2a: Landscape buffers to remain at 30 feet.
2. Section VIAo: To be deleted.
3. Section VIAm: Delete pool halls, billiard parlors, pinball, or video game
arcades.
4. Add to Section II: Definition for Health and Fitness center - An establishment
that provides facilities for exercises, game courts, swimming, showers, or m)gsages
only when provided by licensed masseurs.
5. Section VIAm: To be deleted.
6. Section VIE6d: To be deleted.
7. Section II: Amend definition of required street frontage to provide exception for
farms consistent with existing definition.
8. Eliminate child day care centers as uses in all Residential and Mountain Reserve
zones.
9. Section VIIF: Amend requirements in use bulk table for POD zone to permit 40 feet
of height and maximum impervious surface coverage of 50 percent and minimum lot
size of 10 acres.
10. Section VIIF: Amend requirements in the use bulk table for the GI and PI zones to
set the rear lot lines to 15 feet and 30 feet, respectively.
11. Section VII: Delete adult day care special permit use from the OL zone.
12. Section II: Add definition of Group Home - A community based residential facility
which houses up to six mentally retarded or autistic persons and is regulated under
applicable state statutes.
13. Section VIID: Require access from state highways for developments within the
POD zone.
14. Section VIID4: Require public water and sewer for all development exceptfodhe
conversion of those structures existing at the time of the adoption of th,ese,'
regulations.
15. Section II: Remove oil as treatment on dustless surfaces.
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16. Section II: Revise definition of dwelling unit to exclude mobile homes.
17. Section II: Exclude accessory buildings from calculation of floor-area-ratio.
18. Section II: Amend definition for hotel to be of 25 or more living and sleeping
rooms and motels to be less than 25 units.
19. Section VIE3: Permit outside storage in the CCDl and CCD2 districts consistent
with current policy in the Retail Business zone.
20. Section IVC4b: Include exception for rebuilding of non-conforming singe and two
family homes consistent with current policy.
21. Section IVB 12c: Elminate limit on Orchard Road clssification as a collector
street.
22. Section IV A17d: To be amended with the following language:
Where a house is to be situated more than 500 feet from a public street, the
Planning Commission may require that the driveways may be widened to
accommodate fire vehicles to the satisfaction of the Fire Marshal. The
Commission may also require that the applicant provide grading rights on the
property from which the rear lot is being subdivided for the purpose of
driveway construction.
cont'd. pa~e 23. first complete sentence from top ofpa~e. The Commission
may require that slope rights be provided to accommodate driveway
construction and that lots share a common driveway when appropriate. The
owner of a rear lot shall own the fee interest in said right-of-way. Where the
Planning Commission has required that lots share a common driveway, the
applicants shall provide an agreement specifying that the users of said
driveway will share in the responsibility for its maintenance.
cont'd. pa~e 23. Section f. second sentence. The term "not available" shall
mean that pulbic water suppy or sanitary sewer systems are not si~ted wtthin
500 feet from the principal structure of the rear lot created under these
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23. Section VIllA: List multi-family and business or professional officesas.speciat
permit uses in the Planned Office Residential district.
24. Section V A8h: Open space subdivision regulations should be revised to list school
uses in the covenant which is to be recorded in the land records, and to require that
the use of open space land should be noted on the subdivision map which is recorded
in the land records.
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25. Section VIIID: Require provisions of this section to be applicable to development
within the Planned Residential districts.
26. Child day care centers should be special permite uses wherever permitted.
27. Section VIIIA2: Single family development should be permitted in accordance
with the R-21 standards in the POR district.
28. Section VIIID3: The Planning Commission shall be empowered to require easements
for preservation of open spaces in the MR-2 zone to protect environmentally sensitve
areas.
29. Section VIIIB: Prohibit development above elevation 350 in the MR-2 zone.
30. Section VIIIB: State that the minimum lot size for single family development in the
MR-2 zone is 3 acres.
31. Section VIIIE: Correct minimum lot size in the OP zone to 15,000 square feet.
32. Section IXB9b: Add "or special permit".
33. SEction XC36: Eliminate bituminouse concrete as prohibited fill.
34. Section XIIB: Replace "Zoning Commission" with applicable commission.
35. Section XIIB4b: Increase the radius for traffic studies to 500 feet.
36. Section XIVF: Require a written notice by the applicant to persons within 500 feet
of a proposed zone change or ZBA application.
37. Section XV A4b to read as follows: Use variances may be granted by the ZBA only
in the GI and PI zones and only if there is no other reasonable use of the land.
38. Section VC2a to read as follows: Single family detached dwellings as noted in the
area and bulk requirements for the applicable district.
39. Section XB4c to be amended as follows: The Zoning Commission .m&l hold a .
public hearing on ............................ and the depth of the excavation ar~ the.
minimums to achieve a reasonable construction objective, and are in accordance
with the statement of purpose in Section XB I. )
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40.
Section XB4d.2: Replace USC&G datum with NGV datum.
41. Section XIIIA6h: Replace USGS MSL datum with NGV datum.
42. Section XIIIA5a: Replace "as prepared and adopted by the Connecticut Association
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of Land Surveyors, Inc., on September 13, 1984, as may be amended" with ''by the
State Board of Registration as may be amended."
43. Section XIL: Delte "institutions for the insane or feeble minded."
44. Section XIP4: Delete "provided that the application submitted shall be deemed to
satisfy the provisions of this Section."
45. Section XISc: Amend to include finished floor space.
46. Section XISf: Amend to state that there be no "visible evidence of such use
from the lot or building in which it is located.
47. Section XIT2: Amend to replace ZBA with Zoning Commission.
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