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2008-05-15Berlin Planning & Zoning Commission Meeting Minutes -May 15, 2008 EXECUTIVE SESSION A Special Meeting of the Berlin Planning and Zoning Commission was held at 6:30 P.M. in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road on .May 15, 2008 for the purpose for the following item: Present: Chairman Bruce Moore Vice-Chairman Robert Weiss Secretary Kevin A. Murphy Commissioner Ron Edelson Commissioner Mark Kaczynski :Director of Development Services Hellyn Riggins 'Town Counsel Robert Weber Commissioner Weiss moved to go into Executive Session for the following agenda items: I EXECUTIVE SESSION a. Pending Litigation -Pistol Creek Commissioner Kaczynski seconded the motion which carried unanimously.__, ~, .. ,At 7:08 P.M., Commissioner Kaczynski moved to come out of Executive Session: Thc°' ' motion was seconded by Commissioner Murphy and carried unanimously. -~~ REGULAR MEETING ~ ~ ~ `'~' ~ ~ ][ Call to Order _ r., The Regular Meeting of the Berlin Planning and Zoning Commission was called orde3~'at '7:10 p.m. in the Town Council Chambers, 240 Kensington Road, Berlin. ]n attendance Chairman Bruce Moore Commissioners Ron Edelson, Mark Kaczynski, Kevin A. Murphy, Robert Weiss Director of Development Services Hellyn Riggins Excused Commissioner Brad Parsons Alternate Commissioners Keith Bostrom, Tern Paventi, Steve Wollman l:I Review/Acceptance of Minutes Berlin Planning and Zoning Commission Meeting Minutes -Page 2 a. Apri124, 2008 Commissioner Murphy moved to accept the minutes, as presented. Commissioner Kaczynski seconded the motion which carried unanimously. III Scheduling of Public Hearing a. Final Subdivision of HRE Group LLC for three lots at Lot 4B, Block 115, Meadow Lane Suggested Date: May 29, 2008 Mr. Moore noted the May 29th meeting will need to be canceled as due to vacations and other conflicts, there may not be a quorum. Commissioner Weiss moved to schedule the hearing to June 12, 2008. Commissioner Murphy seconded the motion which carried unanimously. b. Special Permit of CIL Development for a residential development at Lot 8-4 Block 40 and Lot 8-4, Block 54/1, Main Street and Maple Avenue Suggested Date: June 12, 2008 Commissioner Weiss moved to schedule the hearing to June 12, 2008. Commissioner Edelson seconded the motion which carried unanimously. [V Other Business Commissioner Weiss moved to add the following agenda item. Commissioner Edelson seconded the motion which carried unanimously. • Review and recommendation, in accordance with Section 8-24 of the Connecticut General Statutes, for the purchase of approximately 77 acres from Pistol Creek Associates on Spruce Brook Road .After discussion, Commissioner Weiss moved. to forward a favorable recommendation to 1:he Town Council for the purchase of approximately 77 acres from Pistol Creek .Associates on Spruce Brook Road. Commissioner Edelson seconded the motion which carried unanimously. a. Review and recommendation, in accordance with Section 8-24 of the Connecticut General Statutes, for rg antin~ an easement to Saint Paul's Church for the construction of a parking lot on the easterly side of Grove Hill (Continued from April 24, 2008) Commissioner Kaczynski moved to forward a favorable recommendation to the Town Council for granting the easement. Commissioner Weiss stated he had visited the site and observed mature trees will need to be taken down for the parking lot. He stated he is not in favor of the proposal and his Berlin Planning and Zoning Commission Meeting Minutes -Page 3 opinion that a parking lot is not an appropriate use of town property. Chairman Moore stated the town may require new trees during the site plan application process which will be required. Commissioner Murphy stated a concern for lighting from the church's parking lot could be a disturbance to nearby residences. Commissioner Kaczynski moved to forward a favorable recommendation to the Town Council for granting the easement, subject to the following condition: 1. Saint Paul's Church will participate in the planting of trees, as approved by Town Staff. Commissioner Edelson seconded the motion. 'The motion carried four to one. Voting in favor: Edelson, Kaczynski, Moore, Murphy Voting in opposition: Weiss b. Review and recommendation, in accordance with Section 8-24 of the Connecticut General Statutes, for the purchase of Lot Z15, Block 91, Lower Lane and Lot 64, Block 91, Lower Lane :Director Riggins stated the purchase of the property would allow the property owner to relinquish the property in lieu of taxes due on the land. Commissioner Murphy moved to forward a favorable recommendation to the Town Council for the purchase of the property. Parking clarification for an approved site plan, Depot Crossing, Farmington Avenue Director Riggins summarized the request on behalf of the applicant, Mr. Raymond l{avarsky, who was present. If the site is constructed, as proposed, with residential uses, difficulties will arise concerning obtaining financing from lending agencies, as the residential uses would be located approximately 15 feet from existing power lines. The applicant is requesting the residential uses be replaced with office/studio type uses which would allow the site to still meet the requirements. l:t was the consensus of the commissioners that the revision could be done on the plan. d. Request of Thomas P. Coccomo, Jr. fora 90 day extension for filing the Reservoir Hills subdivision mbar I was noted that Mr. Coccomo was not in attendance. Berlin Planning and Zoning Commission Meeting Minutes -Page 4 Commissioner Edelson moved to deny the request. Commissioner Murphy seconded the motion. :Discussion Commissioner Kaczynski stated the applicant may later join the meeting and the commission could wait to see if that did occur. Commissioner Edelson and Murphy withdrew their motion and second, respectively. Commissioner Kaczynski moved to briefly table the agenda item. Commissioner Weiss seconded the motion which carried unanimously. (See Page 7 of these minutes.) 'V New Business a. Site Plan Amendment of B&F Machine Company for the expansion of existing facilities and storage of raw material at 145 Ed eg_ wood Avenue 1VIr. Tony Francalangia, on behalf of B&F Machine Company, presented the application. He said the company has constructed engines for the aerospace industry since the early 1970's and the growth of the business is in response to the necessity for increased machine size and environmental needs incorporated into its products which require an c;xpansion of the site. He stated the Zoning Board of Appeals has approved an increase to t:he size of the building. The storm drainage system will be done first, and staff comments will be addressed, including the replanting of green areas and dumpster location. Commissioner Kaczynski moved to approve the application, subject to the following conditions: a. The applicant will work with staff to address all staff notes. b. Work with town engineer to address any concerns. c. Submittal of a bond, if necessary, in an amount to be determined by staff. VI Public Hearings a. Proposed Subdivision of Quantum of Berlin II, LLC for 2 lots at Lot 6, Block 90, 500 Four Rod (Continued from April 10, 2008) Attorney Walter Twachtman, representing the applicant, stated the site has an industrial building, approximately 50 years old, located on twenty-two acres of land. The applicant is proposing a subdivision of 6.749 acres to market for an industrial development. The property is located in a Planned Industry zone, and an Inland Wetland and Water Courses Commission approval has been received. As there are no immediate plans for its Berlin Planning and Zoning Commission Meeting Minutes -Page 5 development, the applicant would like to delay the marking of the parking lot in order to comply with the use's requirement once it has been established. He stated the applicant's proposal complies with all aspects of the zoning regulations. He stated the project's engineer, Pat Gorman, is present to respond to any questions. Director Riggins stated two meetings had been held with the applicant. She stated some Doff site parking maybe required if the new use can't meet parking requirements. 'Sidewalks will be installed along Lot 2, as offered by the applicant. Mr. Pat Gorman, project engineer, LRC Group, stated there is 205' of sidewalk in front of Lot 1 and the sidewalk will be continued in front of Lot 2, which is across the street. Chairman Moore stated that work would be "off site" and could not be required by the commission. .Attorney Twachtman stated the applicant will agree to the installation of the continuation of the sidewalk on the other side of the street at the time of the sale, as a condition of an approval of this application. ]Director Riggins stated the note needs to be clarified on the plan. ]VIr. Gorman stated that would be done. ,attorney Twachtman stated the note regarding the continuation of the sidewalk will be placed on the plan and the deed, as well. Director Riggins stated, for the record, the submitted small sized plan is the same as the larger submitted plan. 1VIr. Gorman confirmed that they are the same. 'T'here were no other speakers. Commissioner Weiss moved to close the hearing. Commissioner Kaczynski seconded the motion which carried unanimously. b. Proposed Amendments to Section XI.AA. Adult Housing of the Berlin Zoning Regulations, James F. Ripper, Applicant (Continued from April 24, 2008) Attorney James Ripper stated he had responded in writing to staff comments. The proposal will change the age reference of 19 to 18 to bring the regulation into compliance with the Fair Housing Act Standards. In addition, the amendments will also clarify the requirements of incorporating the Purposes and Standards of the zoning regulations into the condominium constituent documents and clarify the responsibility of the declarant Berlin Planning and Zoning Commission Meeting Minutes -Page 6 and the association for ensuring compliance with the Fair Housing Act and the zoning regulations. Attorney Ripper's opinion is the proposal will also maintain the proposed minimum age restriction of 18 and will help maintain the character of the adult community and prohibit the introduction of minors into the development. He said his :proposed amendment will make projects more viable on a long term basis. He stated every purchaser and lender in a current age-restricted development would need to approve a change to a minimum age requirement as an amendment and his opinion that would be essentially impossible. Commissioner Weiss clarified for the record that existing residential developments :requiring the minimum age of 18 would not be able to take advantage of this amendment. He asked what type of administrative work would be brought to the town if the change were adopted. .Attorney Ripper stated there wouldn't be any extra administrative work for the town; the title company would review each application. He stated the association for each presidential development would enforce any violation. :~__]. Baker .Attorney Walter Twachtman stated an association must meet federal regulations regarding the 20% minimum age requirement and the administration is problematic for both t~ce town and the developer. He stated there is not a lack of 55 and over housing; however there may be a slow down from absorption; the average age for such housing is between 65 and 70. He said although the demand is there, market constraints are on the disposition of current homes. He stated any change to a covenant requirement would require a super majority, which is not likely. 'There were no other speakers. Commissioner Weiss moved to close the hearing. Commissioner Kaczynski seconded 1:he motion which carried unanimously. c. Special Permit Use Application of 869 Mill Street, LLC c/o Daniel Johnson for adrive-through use for a restaurant or bank at Lot 1, Block 145, 869 Mill Street (Continued from (April 24, 2008) IVIr. Joseph Perugini, P.E., Weston and Sampson, presented the application. He stated it t:he commission had opined at the last meeting that a fast food restaurant would be considered an intensive use and might produce negative effects at the site. He stated the owners are now proposing a site plan to be used only as bank -the plans have been updated to show only that use. He also said, in response to staff comments, a trailer and a large storage container which had been left behind by tenants will also be removed. There were no other speakers. Berlin Planning and Zoning Commission Meeting Minutes -Page 7 Commissioner Murphy asked if the Police had reviewed the revised plan. :Director Riggins stated they had and there was no additional comment. Commissioner Edelson moved to close the hearing. Commissioner Murphy seconded the :motion which carried unanimously. The commission then considered the following (from earlier in this agenda) IV Other Business d. Request of Thomas P. Coccomo, Jr. fora 90 day extension for filing the Reservoir Hills subdivision molar Commissioner Weiss moved to deny the request. Commissioner Murphy seconded the motion which carved unanimously. 'VII Old Business a. Proposed Subdivision of Quantum of Berlin II, LLC for 21ots at Lot 6, Block 90, 500 Four Rod Commissioner Kaczynski moved to approve the application, subject to the following conditions: a. Submittal of a bond in an amount to be determined by staff. b. The owner of existing lot and future owners of new lot will install sidewalks as per the approved plan, including some portion of the sidewalks to be on the opposite side of the street. This was agreed to by the applicant during the meeting. c. All staff comments and comments on approved plan will be addressed. Commissioner Weiss seconded the motion which carried unanimously. b. Proposed Amendments to Section XI.AA. Adult Housing of the Berlin Zoning Regulations, James F. Ripper, Applicant Chairman Moore said the proposal is a positive step for the town and will generate additional revenues. Director Riggins stated Attorney Ripper's resubmission addresses the concerns of the ]Manning and Zoning Commission and, in addition, Attorney Twachtman's testimony Helped to reinforce its positive aspects. Commissioner Edelson moved to approve the amendments, Commissioner Kaczynski seconded the motion which carried unanimously. Berlin Planning and Zoning Commission Meeting Minutes -Page 8 c. Special Permit Use/Site Plan Applications of 869 Mill Street, LLC c/o Daniel Johnson for adrive-through use for a restaurant or bank at Lot 1, Block 145, 869 Mill Street Ms. Riggins stated some minor revisions, such as placement of windows, may be needed to the plan, as the applicant has stated the use will be for a bank use only. After discussion, Commissioner Weiss moved to approve the application, subject to the following conditions: a. Work with staff regarding size, type, location and screening of dumpster. b. Work with staff regarding any revisions to the plan. c. The applicant will return to the commission for the approval of any new signage. d. Work with staff regarding lighting for the site. Commissioner Murphy seconded the motion which carried unanimously. .A five-minute recess was called at this point in the meeting. d. Proposed Amendment of Coccomo Brothers Associates LLC to Berlin Zoning RP~ulations to add Section XI.BB. Continuing Care Residential Community Following the brief recess, the meeting resumed with the same commissioners in attendance. .After discussion, Commissioner Edelson moved to deny the application. Commissioner ]Murphy seconded the motion which carried unanimously. 'VIII Commissioners' Comments ][X Director's Comments :X Communications :KI Adjournment 'The meeting adjourned at 9:15 p.m. ~spectfully submitted, ti ,. 1 ~ ~,. ~~ l~ ~~ f;~"++ prances M. Se oski, Recording Secretary ~ ^;a O ~..