2009-11-19
Berlin Planning and Zoning Commission
Regular Meeting Minutes
November 19, 2009
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on
November 19, 2009 in the Town Council Chambers, Berlin Town Hall,
240 Kensington Road. The meeting was called to order at 7:01 P.M.
In attendance
Chairman Bruce Moore
Commissioners Mark Kaczynski (joined the meeting in progress), Gary Marzi, Kevin
Murphy, Brad Parsons, Robert Weiss
Alternate Commissioners Fred Sorbo (seated for a portion of the meeting), Steve
Wollman
Director of Development Services Hellyn Riggins
Excused
Commissioner Ronald Edelson
Alternate Commissioner Keith Bostrom
II Review/Acceptance of Minutes
a. October 8, 2009
Commissioner Murphy moved to accept the minutes, as amended with one correction.
Commissioner Weiss seconded the motion which carried unanimously with one
abstention (Commissioner Parsons).
b. October 22, 2009
Commissioner Murphy moved to accept the minutes, as amended with one correction.
Commissioner Weiss seconded the motion which carried unanimously
III Schedule Public Hearings
a. Proposed Amendments of Planning Staff to amend the Town of
Berlin Subdivision Regulations regarding clarification of right of
way widths
Suggested Date: January 14, 2010
Commissioner Weiss moved to schedule the public hearing for January 14, 2010.
Commissioner Wollman seconded the motion which carried unanimously.
Berlin Planning & Zoning Commission - Meeting Minutes - November 19, 2009 - Page 2
b. Proposed Amendment of Planning Staff to amend the Town of
Berlin Zoning Amendments with the addition of IV(A)16(f)
regarding accessory buildings, structures and uses
Suggested Date: January 14, 2010
Commissioner Sorbo moved to schedule the public hearing for January 14, 2010.
Commissioner Parsons seconded the motion which carried unanimously.
IV Request for Bond Release
a. Request of Howard Asal for a bond release, Renn Acres subdivision
Director Riggins stated the subdivision has been completed, and the street has been
accepted by the Town. There is one remaining lot for sale, and the developer, Mr. Asal,
has requested a bond release. Mr. Asal has stated in his written request that he does not
own the remaining lot.
Commissioner Parsons moved to reduce the bond to $250 to cover bonding of the
driveway apron.
Commissioner Sorbo seconded the motion which carried unanimously.
V Other Business
a. In accordance with Section 8-24 of the Connecticut General
Statutes, review and recommendation of the acquisition of a
136.5 acre parcel at 680 Kensington Road
Mr. James Mahoney, Director of Economic Development, stated the 136.5 parcel would
be used for town purposes. He stated its attributes include its central location, where a
school or police station could be potentially constructed; sewer and water serve the parcel
which is residentially zoned. He further noted the site meets the criteria of the Plan of
Conservation and Development for the acquisition of property to use for town purposes.
He stated the property's previous use was farming, and an environmental analysis would
be done prior to its purchase.
Commissioner Weiss moved to forward a favorable recommendation to the Town
Council.
Commissioner Sorbo seconded the motion.
Discussion
An Environmental Phase II study will be performed prior to the property's purchase.
Commissioner Weiss amended his motion to include that condition.
Commissioner Sorbo amended his second. The motion carried unanimously.
Berlin Planning & Zoning Commission - Meeting Minutes - November 19, 2009 - Page 3
b. In accordance with Section 8-24 of the Connecticut General
Statutes, review and recommendation of the leasing of town land
to the Silver Ridge Owners Association for a parking pad
Director Riggins stated the homeowners have been working with the Town Engineer
regarding leasing the town property beside the access road leading to the water tower.
The proposed pad will be gravel and used to store their snow removal equipment. The
homeowners will purchase a gate to control access to the tower.
Commissioner Murphy moved to forward a favorable recommendation.
Commissioner Sorbo seconded the motion which carried unanimously.
c.Revocation of the performance bond of Angelo Pascuzzi, Hawks
Homes LLC, for work to be done at 139 Middletown Road
No action was taken. Director Riggins stated progress for the completion of work is
being made at the site.
d. Clarification of a condition of approval for 212 Old Brickyard
Lane
Director Riggins stated the new garage on the site was approved as an industrial use, with
the existing house as a part of that approval. Currently, the home is being used as a
residence. The home's residential use must be abandoned in order to keep the
commercial use on the site.
She stated the property owner will need proof that an abandonment of the residential use
has taken place.
Attorney Richard Pentore stated his understanding the industrial use may commence
upon proof of the abandonment of the residential use.
e. Adoption of the 2010 Meeting Calendar
Commissioner Kaczynski moved to adopt the calendar as presented.
Commissioner Murphy seconded the motion which carried unanimously.
VI Public Hearings
a. Special Permit Use Application of Matt DiDomizio for a
recreational, amateur Jai Alai Facility in a portion of the building
at 500 Four Rod Road
At the request of the applicant, Commissioner Murphy moved to continue this hearing to
the December 10, 2009 meeting.
Commissioner Marzi seconded the motion which carried unanimously.
Berlin Planning & Zoning Commission - Meeting Minutes - November 19, 2009 - Page 4
The remaining agenda items were considered in the following order:
VII Old Business
a. Site Plan Amendment of Lucille Perzan for a dog grooming
business at 4 Lower Lane
Director Riggins stated the applicant has responded to Zoning Enforcement Officer's
letter listing some zoning violations. However, Director Riggins stated upon her site
visit, she has observed additional violations.
Commissioner Murphy moved to continue this agenda item to the December 10, 2009
meeting.
Commissioner Parsons seconded the motion which carried unanimously.
b. Special Permit Use/Site Plan Applications of Matt DiDomizio for a
recreational, amateur Jai Alai Facility in a portion of the building
at 500 Four Rod Road
Hearing continued, at the applicant's request, to December 10, 2009. No action taken.
VIII New Business
a. Site Plan Amendment of Towne Place Condominium Association
for the expansion of an existing parking lot at 211 New Britain
Road
Mr. Bart Bovee, P.E., MBA Engineering, stated the office building was constructed in the
1980's and was leased for office and medical uses; however, the medical uses currently
exceed the office uses and more parking is needed. The owners of the building would
like to expand the parking area to the north to add approximately 18 spaces. Mr. Bovee
stated the property is partially in a floodway, and IWWC approval has been obtained.
With regard to a culvert on the site, which has 80 years of repair issues, the owners are
working with the town and the railway to either repair or replace and perhaps a meeting
could take place, but not as part of this specific application. He stated all other staff
comments will be addressed.
Commissioner Weiss moved to approve the application, subject to the following
condition:
a. Staff notes to be addressed.
Commissioner Murphy seconded the motion which carried unanimously.
b. Site Plan Amendment of William Manafort for parking lot
pavement for an existing, commercial building at 77-99 Old
Brickyard Lane
Berlin Planning & Zoning Commission - Meeting Minutes - November 19, 2009 - Page 5
Mr. William Manafort stated there are two building on the lot, with approval in place for
a future building. As part of a lease negotiation, half of the lot has been paved. The
commission's approval is needed for that work, as well as the completion of the paving.
Director Riggins stated the paving has been done using an expired plan. Although the
completed work is slightly different than what was originally approved, the work meets
setbacks, and staff comments note ADA requirements need to be met for handicapped
parking and engineering comments need to be addressed
Commissioner Kaczynski moved to approve the application, with the following
conditions:
a. All staff notes to be addressed.
Commissioner Marzi seconded the motion which carried unanimously.
VI PUBLIC HEARINGS
Chairman Moore read the Call of the Hearing.
Attorney Richard Pentore, on behalf of the applicant, requested to combine the two
hearings for discussion purposes.
Commissioner Weiss moved to combine Items c. and d. Commissioner Murphy
seconded the motion which carried unanimously.
Chairman Moore noted the deliberation will be for both items; however, the each
application will be separately voted upon.
c. 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") (Amended as
WHD)
d. 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) (Amended as WHD)
Speakers
Attorney Pentore stated the purpose of the regulation is to establish a multi-family
development, developed under Section 8-32 of the State Statutes, and its intent is its
development will not be age restricted. He stated there are no such developments in
Berlin, and the Plan of Conservation and Development encourages this type of housing.
Berlin Planning & Zoning Commission - Meeting Minutes - November 19, 2009 - Page 6
The location of the new zone is on Deming Road, near Episcopal Road. The land was
previously zoned General Commercial, but its designation changed to Berlin Turnpike-1,
effective as of November 15, 2009. The proposed use will be allowed only in the Berlin
Turnpike 1 zone. Water and sewer are available to the site. The maximum sized unit
will be 1200 sq. ft. The surrounding properties have mixed uses. In conjunction with the
application, Attorney Pentore stated he has submitted an Affordability Plan and Traffic
Study.
Attorney Timothy Hollister reviewed the standards of affordability. He stated there have
been two revisions to the original submittal, one in September and one in November.
Changes include the changing of the title to "Workforce Housing Development"; the
underlying zone was changed on November 19, 2009 to Berlin Turnpike 1 - that
reference was incorporated into the amendment to reflect the current situation; and
"labeling changes" made to the 500 foot frontage. Attorney Hollister stated after
discussion with staff, he learned that density credits aren't given for partial acreage, and
the density was changed from 14 units to 16 units which would allow the 76 units. He
stated the grouping of building and architectural style of the buildings reflect those of
another development of Metro Realty, Heritage Glen. The maximum sized unit will be
1200 square feet; 2.0 parking spaces per unit are required; if approved, the applicant must
submit an Affordability Plan and a covenant placed on Land Records which guarantees
the level of eligibility. He stated the project is consistent with all sections of the zoning
regulations. He stated his opinion that the project's location is appropriate and is suitable
to serve as a housing need as identified in the Plan of Conservation and Development.
Mr. Dave Whitney, P.E., Avon office, stated Inland Wetland and Water Courses
Commission's approval had been received. He stated the site location's soil is silt loam
and there are wetlands on Lot 11. The existing residential home has a well and septic
system, both of which will be properly abandoned. The proposal is for five buildings,
units 1-4 will have 16 units; unit 5 will have 12; there will be a "residents' service center".
The buildings will be separated by 75' or more; the front yard setback will be 50'; the side
yards setback will be 20'; the rear yard setback will be 25'. The site will be accessed from
Deming Road. The impervious surface coverage will be 51% of the site. There are 152
parking spaces. Public sewer will serve the site. In accordance with the comment from
Town Engineer Art Simonian, the 24" pipe to the culvert will be replaced with a 36" pipe.
The sedimentation and erosion control plan has been prepared. A phasing plan will be
submitted. All staff comments will be addressed.
Mr. Mark Bertucci, P.E., Fuss and O'Neill, presented details of his traffic study. In
response to a police concern, he submitted a signal analysis for the record. He stated his
opinion there will be no significant impact on adjacent roadways, including the Berlin
Turnpike and taking the construction of the recycling center on Christian Lane into
consideration.
Director Riggins stated she will get this information to the Police Commission for its
opinion.
Berlin Planning & Zoning Commission - Meeting Minutes - November 19, 2009 - Page 7
Mr. Charles Nyberry, 16 Spring Lane, Farmington, Associated Architects, reviewed
renderings.
Attorney Timothy Hollister stated the final version of the Draft of the affordability plan
was submitted on November 16, 2009. He discussed various requirements of Section 8-
30g of the Connecticut General Statutes and their pertinence to this project. He stated
that Metro Realty is proceeding under Section 8-30g of the Connecticut General Statutes
and Mr. Sager will not use the "judicial appeal" clause if this application is denied. He
stated Mr. Sager has no intention to take this to court and submitted a document for the
record.
Mr. John Stewart, Landscape Architect, discussed landscaping.
Mr. Geoff Sager, Metro Realty, stated the residents' services room is not a clubhouse; it
will have computers and be used as an educational center.
Director Riggins stated landscaping should be more specifically stated in the amendment;
decks are exempt from setbacks and should not be; language for dumpsters, screening,
and mechanicals needs improvement; a special permit would have been preferable as it
would have allowed more detailed discussion.
Mr. Sager referred to Economic Development Director's memo concerning the number of
points that the town needs to qualify for another moratorium. Mr. Sager noted approval
of this project would bring the town within 7 points of its requirement for a second
moratorium.
Mr. Patrick Chambrelle stated he was an abutting property owner and his concern was for
the increase in traffic.
Commissioner Murphy moved to continue the hearing to December 10, 2009.
Commissioner Parsons seconded the motion which carried unanimously.
VIII New Business
c. Site Plan Application of The Metro Realty Group, LTD for 76
units of multi-family, mixed income housing at Lots 10A & 10B,
Block 83, 332 Deming Road
No action taken. Continued to December 10, 2009.
VII Old Business
b. 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") (Amended as WHD)
Berlin Planning & Zoning Commission - Meeting Minutes - November 19, 2009 - Page 8
Commissioner Weiss moved to continue the hearing to December 10, 2009.
Commissioner Kaczynski seconded the motion which carried unanimously.
c. 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)
Commissioner Weiss moved to continue the hearing to December 10, 2009.
Commissioner Murphy seconded the motion which carried unanimously.
IXCommissioners’ Comments
X Director’s Comments
XI Communications
XII Adjournment
The meeting adjourned at 9:05 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary