2009-10-08
Berlin Planning and Zoning Commission
Regular Meeting Minutes - October 8, 2009
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on
October 8, 2009. The meeting was called to order at 7:04 P.M. in the Town
Council Chambers, Berlin Town Hall, 240 Kensington Road.
In attendance
Chairman Bruce Moore
Commissioners Mark Kaczynski, Gary Marzi, Kevin Murphy, Robert Weiss
Alternate Commissioner Frederick Sorbo (seated)
Director of Development Services Hellyn Riggins
Excused
Commissioners Ronald Edelson, Bradford Parsons
Alternate Commissioners Keith Bostrom, Steve Wollman
Chairman Moore stated the agenda had been slightly revised with the addition of Items
III d., IV b., IVc. and the deletion of IIIc. (the Special Permit application has been
withdrawn at the request of the applicant).
Commissioner Weiss moved to adopt the revised agenda.
Commissioner Murphy seconded the motion which carried unanimously.
II Review/Acceptance of Minutes
a. August 27, 2009 Regular Meeting
Commissioner Murphy moved to approve the minutes.
Commissioner Weiss seconded the motion.
The motion carried with one abstention (Commissioner Kaczynski).
b. September 24, 2009
Commissioner Murphy moved to table review of the minutes.
Commissioner Kaczynski seconded the motion which carried unanimously.
III Scheduling of Public Hearings
a. Proposed Amendment of The Metro Realty Group, LTD to create a
new section of the Berlin Zoning Regulations, Section XI.BB
Mixed Income Housing Development ("MIHD")
Suggested Date: November 19, 2009
Commissioner Weiss moved to schedule the public hearing for November 19, 2009.
Berlin Planning and Zoning Commission - October 8, 2009 Meeting Minutes - Page 2
Commissioner Murphy seconded the motion which carried unanimously.
b. Zone Change Request of The Metro Realty Group, LTD to
change the zone of Lots 10A and 10B, Block 83, Deming
Road from General Commercial to MIHD (Mixed Income Housing
Development)
Suggested Date: November 19, 2009
Commissioner Kaczynski moved to schedule the public hearing for November 19, 2009.
Commissioner Marzi seconded the motion which carried unanimously.
c. Special Permit Use Application of The Metro Realty Group, LTD
for multi-family affordable housing and Lots 10A and 10B,
Block 83, 332 Deming Road
Suggested Date: November 19, 2009
Withdrawn at the Applicant's request.
d. Proposed subdivision of Bartkowicz Family LLC for a 2 Lot
subdivision at Lot 2-F, Block 74, Longview Drive
Suggested Date: November 19, 2009
Commissioner Murphy moved to schedule the public hearing for November 19, 2009.
Commissioner Kaczynski seconded the motion which carried unanimously.
IV Other Business
a. Revocation of the Performance Bond, Bank of America
Irrevocable Standby Letter of Credit Number 68015996, in the
amount of $124,500, submitted by Patrick D. DiPinto, P.N.
DiPinto Builders LLC, for the Kensington Valley Estates
Subdivision, Lots 14 and 15, Block 12, Chamberlain Highway
Commissioner Weiss moved to call the bond in favor of the Town.
Commissioner Murphy seconded the motion.
Discussion
Director Riggins stated this agenda item was also discussed at the September 24, 2009
meeting. The Public Works Department has determined the work and its cost will exceed
the amount of the bond. Both the applicant and the bank have been notified.
The motion carried unanimously.
b. In accordance with Section 8-24 of the Connecticut General
Statutes, review and recommendation of the installation of an
agricultural well at the Hatchery Brook Community Gardens
Berlin Planning and Zoning Commission - October 8, 2009 Meeting Minutes - Page 3
Director Riggins stated the community gardens were very successful. They were able to
finance their operation by fund raising and grants and without town funds. The proposed
well project received a favorable review from the Conservation Commission. The well
will be constructed in the middle of the site and will have the ability to operate year
round and during drought time. The water will be non-potable and a sign posted to
indicate that. A lock will be attached and its combination will only be given to those who
rent plots at the site.
Commissioner Murphy moved to forward a favorable recommendation to the Town
Council.
Commissioner Marzi seconded the motion which carried unanimously.
c. Interpretation of the zoning regulations for a jai alai club at
500 Four Road, as proposed by Matt Dimizio
Director Riggins stated "racket courts" are an acceptable use for PI zone. She asked the
commissioners to provide an interpretation if a jai alai club would meet that definition.
Mr. Matt Dimizio, 2 Hollow Drive, Cromwell stated his proposed jai alai club would be
recreational and an amateur game; the space at the location is ideal. He stated there had
been an amateur facility in Milford for about twenty years, but that is now closed. He
said his interest in opening the club is his passion for the game. He would finance the
club by renting court time or perhaps by charging a monthly fee for a membership. As a
former instructor, he taught children, as well families, to play jai alai. He read a
descriptive paragraph of an explanation of the game, summarizing there are many
versions of the game and stating jai alai is similarly played to racquetball.
Commissioner Murphy stated the use fits in with the regulations.
Commissioner Sorbo, Commissioner Weiss, and Commissioner Marzi agreed with that
opinion.
Director Riggins stated the commissioners' consensus is that the use is acceptable in the
zone and that is all the commission needs to do.
V Bond Reductions and Releases
a. Request of Michael Lewchik for a bond reduction, Toll
Meadow Estates, Meadow Lane & Toll Gate Road
Director Riggins stated both she and Engineering staff agree the bond may be reduced to
$6,870.
Commissioner Weiss moved reduce the bond to that amount.
Commissioner Marzi seconded the motion which carried unanimously.
Berlin Planning and Zoning Commission - October 8, 2009 Meeting Minutes - Page 4
b. Bond Release, Walgreen's Pharmacy, Farmington Avenue
Director Riggins stated the bank will not be renewing the Letter of Credit for this project.
She stated Engineering, Police and all other staff are satisfied with the project and are in
agreement that the bond may be released.
Commissioner Murphy moved to release the bond.
Commissioner Sorbo seconded the motion which carried unanimously.
VI Public Hearings
a. Proposed zoning regulations of Economic Development
Commission to amend Berlin Zoning Regulations related to the
Berlin Turnpike Corridor
Chairman Moore read the Call of the Hearing.
Commissioner Murphy moved to combine Item b. with Item a.
Commissioner Marzi seconded the motion which carried unanimously.
b. Proposal of the Economic Development Commission to amend the
Berlin Zoning Map related to the Berlin Turnpike Corridor
Chairman Moore stated letters of opinion had been received from:
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Capitol Region Council of Governments
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Midstate Regional Planning Agency
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Central Connecticut Regional Planning Agency
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South Central Regional Council of Governments
He noted that not one of the agencies reported the applications to be in conflict.
Mr. James Mahoney, Director of Economic Development, stated he had worked on the
regulations with Hellyn Riggins, and Consultants Valerie Ferro and the late Bruce Hoben.
The proposed regulations had been reviewed by the Economic Development Commission
and a public meeting had been held, as well. Mr. Mahoney provided a brief overview of
the changes, stated the amendments are more restrictive in terms of uses, moving away
from heavy commercial uses. He stated this effort to create more office/retail uses for the
Berlin Turnpike began with efforts in 2003. He stated parking and landscaping were
given consideration when the proposed regulations were developed.
Chairman Moore asked Mr. Mahoney to communicate to the Economic Development
Commission the Planning and Zoning Commission's appreciation for its time and effort
in reviewing the proposed changes.
There were no other speakers.
Commissioner Murphy moved to continue the hearing to the October 22, 2009 meeting.
Berlin Planning and Zoning Commission - October 8, 2009 Meeting Minutes - Page 5
Commissioner Sorbo seconded the motion which carried unanimously.
VII Old Business
a. Proposed zoning regulations of Economic Development
Commission to amend Berlin Zoning Regulations related to the
Berlin Turnpike Corridor
b. Proposal of the Economic Development Commission to amend the
Berlin Zoning Map related to the Berlin Turnpike Corridor
The public hearings will continue at the October 22, 2009 meeting.
VIIICommissioners’ Comments
IX Director’s Comments
X Communications
XI Adjournment
The meeting adjourned at 7:40 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary