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2000/09/28 September 28, 2000 Planning & Zoning Commission Meeting Minutes – Page 1 of 7 The Town of Berlin Planning and Zoning Commission held a Regular Meeting on September 28, 2000, Berlin Town Hall, Council Chambers, 240 Kensington Road. The meeting was called to order at 7:02 p.m. with the following in attendance: Chairwoman Joan Carey; Commissioners Diane Jorsey, Ronald Edelson, Stuart Topliff and Timothy Zigmont; Alternate Commissioner Matthew Beatman (joined the meeting at 7:15 p.m. and was seated); Director of Development Services Brian Miller Excused: Commissioners Bruce Moore and Robert Weiss Alternate Commissioners Mark Kaczynski and Terri Ann Paventi II Audience of Citizens There were no speakers. III Scheduling of Public Hearings a. Special Permit Application of United Business & Industry Federal Credit Union, Lot 2A, Block 84, Porters Pass, for a Credit Union building. Mr. Topliff motioned to schedule this application for public hearing on October 26, 2000 The motion was seconded by Mr. Edelson and carried unanimously. b. Zone Change Request of Morande Ford to change the zone from Residential 15 to Planned Shopping A of a portion of Lot 4 & 6A, Block 83.C, Worthington Ridge Mr. Edelson motioned to schedule this application for public hearing on October 26, 2000. Mr. Topliff seconded the motion which carried unanimously. c. Proposed Final Subdivision of Katherine Kasiski for two lots at Lot 9, Block 90, Norton Road Mrs. Jorsey motioned to schedule this for public hearing on October 26, 2000. Mr. Topliff seconded the motion which carried unanimously. IV Public Hearings Mrs. Jorsey read the Call of the Hearing. Mr. Miller stated a letter had been received from Attorney James Ripper requesting the Zone Change Request for Thomas Cocommo be postponed, as the required posting of a notification sign for this hearing had not been placed on the property. a. Request of Kate Stebar for the Berlin Chamber of Commerce for a proposed Amendment to Berlin Zoning Regulations, Section IX6.b, addition of (2); regarding temporary signs Ms. Kate Stebar, Director of the Berlin Chamber of Commerce, presented the application. A committee had been formed and this proposed amendment is the result of their discussions. The September 28, 2000 Planning & Zoning Commission Meeting Minutes – Page 2 of 7 proposal would permit “sandwich board signs” for up to ten times per calendar year for a period not to exceed 14 days per occasion. Ms. Stebar stated its adoption would promote a more positive, cooperative business community with regard to zoning regulations. Mrs. Jorsey read related correspondence into the record, specifically from Mr. Vincent ; Fortunato, P.E.; two letters from South Central Regional Council of Governmentsa letter from Central Connecticut Regional Planning Agency; Bart Bovee, MBA Engineering; Amity Printing; and Margaret Labiennic Stewart. Mr. Beatman joined the meeting during the reading of Mr. Bovee’s letter (7:15 p.m.). Speakers Richard Pentore, Esq., 9 High Road, Kensington, spoke in favor of the proposed regulations. Bretta Nelson, 48 Dunham Drive, representing the retail store Stormy Mountain, spoke in favor of the regulation. Linda Cimadon, 115 Edgewood Court, spoke in favor of the proposal. Robert Morande, Morande Ford and Morande Acura, Webster Square Road, former president of Chamber of Commerce, spoke in favor of the proposal. Mrs. Jorsey suggested forming a committee of representatives of various organizations who could create more comprehensive regulations Mrs. Carey also stated the goal of the commission and business is to form a common ground. She stated the regulations need to be reviewed. She suggested a temporary period of approval. Mr. Beatman stated the need for signage is immediate with the approaching holiday season and his opinion that the commission needs to respond to the business community’s concerns. Mr. Topliff stated a concern for temporary signage’s being “grandfathered” Mr. Miller stated he would consult with Town Counsel. Mr. Beatman suggested wording could be adjusted to reflect the commission’s intention of the regulations to be temporary until further discussion study of the regulations could be done. Mr. Zigmont stated concerns for the regulations as proposed. He prefers standardized signs and opposes banners and also stated a concern that the regulation would permit signs in town rights of way. He stated that current regulations do permit temporary signs at holidays. He stated support of forming a committee and allowing directional signs for businesses. Mr. Miller stated the temporary sign regulation is being interpreted for use by new businesses for advertising openings. Mr. Topliff stated his support of acting on the proposed regulations on a temporary basis. Mr. Zigmont stated his interpretation of permitted temporary signs is for all signs. September 28, 2000 Planning & Zoning Commission Meeting Minutes – Page 3 of 7 Gerry Skolnick, Mooreland Hill Road, spoke in favor of the proposal. A motion to close the hearing was made by Mr. Edelson, seconded by Mr. Topliff and carried unanimously. The time was 8:00 p.m. b. Zone Change Request of Thomas P. Cocommo, Jr. to change the zone of Lot 25B, Block 153, Wilbur Cross Highway, from Mountain Reserve-1 to Planned Office\Residential. As the applicant has requested a postponement of the public hearing, there was no discussion. . (11/2/00) c. Special Permit Application of Aero All Gas for a Change in Use for Johnson’s Gardens, Lot 6A, Block 12F, Chamberlain Highway. Mr. Howard Weiner, Aero All Gas, stated the application is solely for the approval of the 1,000 gallon propane tank which has already been installed on the site. He stated although he had received a building permit for the tank, the permit never specified the tank would be used as a retail use. Miscommunication caused town officials to assume the tank would be used by the store for its needs. A Cease and Desist Order was issued; work immediately stopped and the special permit process begun. Mr. Weiner stated garden centers are currently the second biggest supplier of propane and its implementation would be a convenience to the community. He submitted a petition of proponents which had been placed in the store to obtain signatures, stating there were approximately seventy signatures. Robert Strobino, 361 Chamberlain Highway, Johnson’s Gardens, owner, stated support for the application. Joseph Cimadon, 115 Woods Edge Court, spoke in favor of the application. Mark Brande, 54 Percival Avenue, spoke in favor of the application. Jay Mangus, service tech for Aero All Gas, addressed safety concerns, noting that nearby wetlands would not be harmed by the propane which dissipates and that the Department of Environmental Protection currently permits the tanks to be buried. Mrs. Jorsey read related documents into the record. Raymond and Erika Zisa, 374 Chamberlain Highway, submitted a letter of support for the application and Mr. Zisa spoke in favor of the application. A letter of opposition from Ronald T. Polaske, P.E., 77 Hemlock Ridge, and Donald Spilkai, PE, Hemlock Ridge, who were unable to attend the meeting, was received for the record. Mr. Topliff motioned to close the hearing; Mr. Beatman seconded the motion. The time was 8:20 p.m. September 28, 2000 Planning & Zoning Commission Meeting Minutes – Page 4 of 7 VOld Business a. Request of Kate Stebar for the Berlin Chamber of Commerce for a proposed Amendment to Berlin Zoning Regulations, Section IX6.b, addition of (2); regarding temporary signs Mr. Zigmont stated the present regulations regarding temporary signs should be used and its interpretation expanded to include the holiday season; and the regulation on the whole should be addressed which would be more helpful to the businesses. Mrs. Carey stated the fast approaching holiday season warrants action by the commission. Mr. Topliff and Mr. Beatman were in favor of action by the commission at this meeting. Ms. Carey polled the commissioners for their consensus. A temporary solution due to the pending holiday season was favored by Commissioners Beatman, Carey, Edelson, Topliff, and Zigmont. Mrs. Jorsey was opposed. Several commissioners approvingly noted zoning Enforcement Officer Driska’s diligent enforcement of signage regulations. After discussion, Mr. Zigmont motioned to approve the amendment as amended: AMENDMENT TO THE TOWN OF BERLIN PLANNING & ZONING REGULATIONS REGARDING SIGNS. The Berlin Chamber of Commerce on behalf of all Berlin businesses proposes the following amendment to the Planning & Zoning Sign Regulations, Section IX, #6, item b. adding (2). Section IX, #6, item b. (2) shall read: (2) Temporary advertising signs, either attached or free standing, prepared for the purpose of identifying or calling attention to a special, unique or limited activity, service, product or sale of a limited duration shall be allowed up to five (5) times for a period not to exceed fourteen (14) consecutive days per occasion during the period of time that this zoning amendment is in place. Temporary advertising signs will not require a permit but must be registered with the Zoning Enforcement Officer (ZEO) and will be subject to the following requirements: ? Zoning Officer must be notified in writing prior to the placement of a temporary advertising sign. ? Signs must be professionally prepared. ? Free standing signs must be constructed of rigid material and may not exceed 9 square feet in size. ? Wall mounted banners must be constructed of fabric or plastic material and their size may be no more than ten (10) percent of the area of the building unit facade to which they are attached. ? Only one (1) temporary sign per business would be displayed at any one time. September 28, 2000 Planning & Zoning Commission Meeting Minutes – Page 5 of 7 ? Signs must be located upon the lot where the special, unique or limited activity, service or sale is to take place. ? A minimum of seven (7) days must elapse before that business would again display a temporary advertising sign. ? Free standing signs must be set back at least ten (10) feet from the paved portion of the road, provided such signs do not obstruct sight lines or create a hazard to walkways. ? Signs may not be illuminated. ? The sign would be displayed during the normal hours of operation of the establishment and shall be taken down and stored indoors when the establishment is not open. ? The sign shall be permitted in addition to any other sign otherwise permitted by these regulations. Above regulations shall expire on February 28, 2001 unless renewed by the Planning & Zoning Commission. The motion was seconded by Mr. Beatman and carried unanimously. The effective date of this amendment will be October 15, 2000. It was the consensus of the commission that the formalization of a committee should be on the next meeting’s agenda. The committee may include two members from the planning and zoning commission; two businessmen; two economic development commission members; and two town council members. b. Zone Change Request of Thomas P. Cocommo, Jr. to change the zone of Lot 25B, Block 153, Wilbur Cross Highway, from Mountain Reserve-1to Planned Office\Residential. No action was taken. c. Special Permit Application of Aero All Gas for a Change in Use for Johnson’s Gardens, Lot 6A, Block 12F, Chamberlain Highway. After discussion, a motion to approve this application, with a condition, was made by Mr. Topliff. Mr. Edelson seconded the motion for discussion. Mr. Edelson questioned whether the tank’s use is “garden store related”. The motion carried four to two. Voting in favor: Commissioners Beatman, Carey, Jorsey, and Topliff. Voting in opposition: Commissioners Edelson and Zigmont. The approval is conditioned upon the following: a. The public sewer and water line be shown on the plan. b. Provision of a landscaped screen or other suitable buffer to soften the visual impact of the propane refilling station. September 28, 2000 Planning & Zoning Commission Meeting Minutes – Page 6 of 7 Mr. Beatman left at 9;15 p.m. VI New Business a. Site Plan Amendment of Cariati Family LTD Partnership, expansion of parking area at Lot 12A, Block 153, 24 New Park Drive. Mr. Richard Pentore, Esq., stated that the applicant has an a ZBA application pending. As there had been no quorum at the September ZBA meeting, a special meeting will be held on October 14, 2000. A motion to table consideration of this item was made by Mr. Zigmont, seconded by Mrs. Jorsey and carried unanimously. VIIOther Business a. Revocation of the Arbor Commons Subdivision Bond, Joseph Wisniowski, Developer Progress was noted by Commissioners Carey and Topliff. Attorney Richard Pentore stated it will take the contractor, who was present at the meeting to respond to any questions if required, several weeks to complete the work. Mr. John DeMauris stated although town officials have been responsive to his concerns, safety issues remain. Mr. Zigmont suggested a portion of the bond be revoked to hire an manager for the project. Mr. Miller stated it would be a burden on Town staff to complete the subdivision, if the bond were revoked. Mr. Topliff stated all slopes should be immediately stabilized. Ms. Carey stated although the progress is slow, the time involved for legal and staff time would just postpone the remedy and her preference is to once again have the item on the agenda in two weeks. A motion to table discussion of this item was made by Mr. Topliff, seconded by Mr. Edelson and carried unanimously. The motion carried four to one. Voting in favor: Commissioners Carey, Edelson, Jorsey, and Topliff. Voting in opposition: Commissioner Zigmont. b. Revocation of the Martin Subdivision Bond, Richard Martin, Developer Mr. Miller stated only sidewalk repairs and lot pinning remain. The developer has submitted a $1,000 cash bond which is an adequate amount. A motion to not revoke the bond and accept the $1,000 bond as an adequate amount was made by Mr. Edelson, seconded by Mrs. Jorsey and carried unanimously. September 28, 2000 Planning & Zoning Commission Meeting Minutes – Page 7 of 7 VIII Requests for Bond Releases/Reductions There were none. IXCommissioners Comments There were no further comments. X Communications There were none. XI Payment of Invoices There were none. XII Signing of Documents There were none. XIII Review of Minutes a. September 14, 2000 – Regular Meeting A motion to approve the minutes with one amendment to indicate that Mr. Beatman was excused and not absent was made by Mr. Topliff, seconded by Mrs. Jorsey and carried unanimously. Mr. Edelson abstained from voting. Adjournment A motion to adjourn was made by Mrs. Jorsey, seconded by Mr. Edelson and carried unanimously. The time of adjournment was 9:50 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary