2002-02-14
February 14, 2002 Planning & Zoning Commission Meeting Minutes – Page 1
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on Thursday,
February 14, 2002 in the Council Chambers, Berlin Town Hall, 240 Kensington Road,
beginning at 6:35 p.m.
Present: Chairwoman Joan Carey
Commissioners Diane Jorsey, Bruce Moore, Robert Weiss, Timothy Zigmont
Excused: Commissioners Mark Kaczynski; Stuart Topliff
Alternate Commissioners Matthew Beatman; Terri Paventi; Andra Zbrozek
Director of Development Services Brian Miller
Public Hearing (6:30 P.M. to 7:30 P.M.)
Phase I of the Draft Plan of Conservation and Development
Mrs. Jorsey read the Call of the Hearing.
Speakers
Brian Miller, AICP, Director of Development Services
Mr. Miller presented background for the proposed plan, noting that state law requires the update of
the plan once every ten years. He stated that in response to citizens’ concerns, economic
development and the acquisition of open space were issues of greater importance with this plan
than the last. An economic study and open space study had been conducted by outside
consultants. The plan’s final adoption may be early summer. Mr. Miller also presented the open
space proposals.
James Mahoney, Director of Economic Development
Mr. Mahoney presented a brief overview of the vacant land analysis, economic development areas,
and recommendations and policies which have been developed.
Harvey White, representing Claire White, owner of a Deming Road parcel, no address stated
He stated a strong objection to the rezoning of his mother’s property. Stating he was an architect
with 40 years of experience, he stated his opinion that the topography, wetlands and other
constraints do not support the proposed change to the proposed “Office Technology” zone.
Andrew White, no address stated
Mr. White spoke concerning the proposed zone change of parcels owned by Claire White, stating
his objection to the proposed zone change to “Office Technology” because of the property’s
steeply inclined topography and vehicular access, stating its current zone provides a more
favorable transition between the agricultural uses in the area and the commercial zone on the
Wilbur Cross Highway.
February 14, 2002 Planning & Zoning Commission Meeting Minutes – Page 2
Bart Bovee, 85 Steepleview Drive
Mr. Bovee questioned the potential for conflict concerning the role of open space acquisition and
industrial areas with the need the need for recreational fields.
Joseph Stiano, 47 High View Terrace
Mr. Stiano spoke in favor of the acquisition of more open space in the center and east side of town
and stated there should be more representation from all areas of the town to work on the next plan.
He spoke again and stated the importance of retaining established businesses.
Mrs. Jorsey read two documents into the record:
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a) Feb. 11 2002 – A letter from Ruth Penfield
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b) Feb. 14 – Connecticut Regional Planning Agency
There were no other speakers.
Mr. Moore motioned to close the hearing. The motion was seconded by Mrs. Jorsey and carried
unanimously.
II Scheduling of Public Hearings
There were no hearings to schedule.
III Election of Officers
Chairwoman
Mr. Moore nominated Ms. Carey for Chairwoman; seconded by Mr. Weiss
Mr. Weiss motioned to close nominations; the Secretary cast one ballot.
Vice-Chairman
Mr. Weiss nominated Mr. Zigmont for Vice-Chairman; seconded by Ms. Carey
Mr. Moore motioned to close nominations; the Secretary cast one ballot.
Secretary
Mr. Weiss nominated Mrs. Jorsey; seconded by Ms. Carey
Mr. Moore motioned to close nominations; the Chairwoman cast one vote.
IV Public Hearings
(2/28/02)
a. Proposed amendments to the Berlin Zoning Regulations, Section II. Rules
and Definitions; Section V.A.3.; Section IX.B.5.a., MAO Associates, LLC.
(Continued from January 24, 2002)
Mr. Peter Alter, Esq., Glastonbury, stated a definition for an “Assisted Living Facility” had been
provided, as requested by the Commission.
Mr. Miller and Mr. Bart Bovee, MBA Engineering, presented a map which identified potential
sites for development should the amendment be approved, approximately eight sites. It was noted
February 14, 2002 Planning & Zoning Commission Meeting Minutes – Page 3
that the identification of the parcels does not consider topographical, wetland or economic
concerns.
There were no other speakers.
Mr. Zigmont motioned to close the hearing. The motion was seconded by Mrs. Jorsey and carried
unanimously.
V Old Business
a. Excavation Permit of Donald Munson for approximately 12,000 c.y. of
material at Lots 11 and 11 D, Block 71 Norton Road
Mr. Bart Bovee, P.E., MBA Engineering, stated a map showing current elevations has not yet been
completed. Mr. Moore motioned to table the item. The motion was seconded by Mr. Weiss and
carried unanimously.
b. Proposed amendments to the Berlin Zoning Regulations, Section II. Rules
and Definitions; Section V.A.3.; Section IX.B.5.a., MAO Associates, LLC.
Mr. Zigmont motioned to approve the amendments, as amended with the following changes:
a) Correction of 1.25 parking spaces per dwelling unit
b) A minimum of forty percent of the units must be dedicated to meet
the income and rental requirements of affordable housing, as
established by the State of Connecticut for this geographic area for the
life of the project, with the income standard for affordability
established at sixty percent of the median income for the region.
c) Delete its use the Mountain Reserve (MR) and Residential 86 (R-86) zones
The motion was seconded by Mrs. Jorsey and carried unanimously.
The reason for this approval is the amendments are consistent with the Plan of Development.
The effective date of this action will be February 28, 2002.
c. Site Plan Amendment of International Union of Painters and Allied Trades
District Council #11, Lot 13, Block 117, 492 Wilbur Cross Highway
A motion to table this agenda item was made by Mr. Moore, seconded by Mrs. Jorsey and carried
unanimously.
VI New Business
There was no new business.
VII Other Business
a. Recommendation for Street Acceptance, Evergreen Court, RPM Realty, Evergreen Estates
A motion to table this agenda item was made by Mr. Moore, seconded by Mrs. Jorsey and carried
unanimously.
February 14, 2002 Planning & Zoning Commission Meeting Minutes – Page 4
b. Cancellation of Irrevocable Standby Letter of Credit, First Union Bank, Pep Boys, Wilbur
Cross Highway
First Union Bank has notified the Town that this Irrevocable Standby Letter of Credit will not be
renewed. Mr. Miller advised there was no staff concern and the bond may be released.
Mr. Weiss motioned to recommend the approval of its cancellation. The motion was seconded by
Mr. Moore and carried unanimously.
c. Request of Richard H. Pentore, Esq., on behalf of Joseph Wisniowski, Arbor Commons
Subdivision Amendment, Exchange of Designation for “Affordable” Lot
Mr. Richard Pentore, Esq., spoke on behalf of applicant. He stated the request is identical to one
which had been previously denied by the commission. He stated the reason for denial had been
the regulations did not permit two affordable lots to abut. Mr. Pentore noted this subdivision’s
approval had been approved under the jurisdiction of state regulations, which have no provision
for locating the affordable lots. In addition, he stated the Town of Berlin regulations state that no
more than two affordable lots may abut; therefore, he requested Lot 4-7 to be designated as a
“market rate” lot and Lot 4-9 become an “affordable” lot.
Ms. Carey asked the reason for the request.
Mr. Pentore stated the developer has a client who would like to purchase Lot 4-7 and would not
qualify under the affordable regulations.
Ms. Carey stated she didn’t see a compelling argument to switch the designation.
Mr. Zigmont stated the plan was approved as it had been remanded to the commission and the
commission had requested the affordable lots be scattered throughout the development.
Mr. Weiss stated the commission had set precedent by allowing lot designations to be changed
prior to this request and further stated the current zoning regulations do permit two affordable lots
to abut.
Mr. Weiss motioned to approve the request. Mrs. Jorsey seconded the motion.
The motion failed.
Voting in favor: Jorsey, Weiss
Voting in opposition: Carey, Moore, Zigmont
d. In accordance with Section 8-24 of the Connecticut General Statutes, review of Old
Highway/Wethersfield Road Abandonment
After discussion, Mr. Zigmont motioned to recommend the abandonment of Old
Highway/Wethersfield Road with one condition:
a. The Town will retain utility easements over the property.
The motion was seconded by Mr. Moore and carried unanimously.
February 14, 2002 Planning & Zoning Commission Meeting Minutes – Page 5
e. Request of Richard H. Pentore, Esq., on behalf of The Toll Gate Land Company, LLC
for a revision to an approval concerning the ratio of affordable home sales to lot sales
Mr. Richard Pentore, Esq., spoke on behalf of the application. He stated originally the market
value units had to be finished prior to the next group of market value units; however, some of the
market value lots are being sold as building lots and some of those property owners are building
right away; others are not. Therefore, the applicant is requesting the following amendment to the
approved Preliminary Subdivision approval condition that states: “Unless the requisite
issued building
proportionate number of “affordable units” are actually constructed and sold
permits
in accordance with this schedule, the Town may withhold the issuance of building
permits for “fair market value” units until the builder has brought the ratio of affordable units to
total units into compliance”.
Mr. Pentore stated the ratio would remain the same and the change would enable his client to
develop the subdivision in an orderly manner.
Mr. Weiss asked the reason why the construction of the affordable units was slower than
anticipated.
Mr. Pentore responded that the qualification process for the applicants takes time.
Mr. Weiss stated the applicant has the obligation to build the affordable units, based on the
approved schedule.
Mr. Moore stated the purpose of approving the schedule was to ensure the construction of the
affordable houses and a change would not benefit the community.
Mr. Zigmont motioned to deny the request. Mr. Moore seconded the motion which carried
unanimously.
VIII Requests for Bond Releases/Reductions
a. Request for bond reduction, RPM Realty, Evergreen Estates
Mr. Weiss motioned to table this item. The motion was seconded by Mr. Moore and carried
unanimously.
b. Request for bond reduction, Carl Ciarcia, Angeli Court
Mr. Moore motioned to table this item. The motion was seconded by Mr. Weiss and carried
unanimously.
c. Request for bond release, JET Development Corp, Joseph Aiudi,
Lots 11 and 11A, Worthington Ridge
Mr. Zigmont motioned to reduce the bond to $2,362.00. The motion was seconded by Mrs. Jorsey
and carried unanimously.
d. Request for bond reduction, Richard H. Pentore, Esq., on behalf of Joseph
Wisniowski, Arbor Commons Subdivision
Mr. Miller advised the Engineering Department is in the process of calculating the bond reduction.
February 14, 2002 Planning & Zoning Commission Meeting Minutes – Page 6
Mr. Zigmont stated whenever there is a request for a bond reduction, the Commission should be
advised if zoning violations are present.
A motion to table this item was made by Mr. Moore, seconded by Mr. Weiss and carried
unanimously.
IX Commissioners’ Comments
There were comments about several potential violations.
X Communications
The annual meeting of the Connecticut Federation of Planning and Zoning Agencies will be held
on March 21, 2002 at the Aqua Turf Country Club, Southington.
XI Payment of Invoices
There were no invoices.
XII Signing of Documents
There were no documents.
XII Review of Minutes
a) December 13, 2001
b) January 10, 2002
c) January 24, 2002
No action taken.
Adjournment
A motion to adjourn was made by Mrs. Jorsey, seconded by Mr. Weiss and carried unanimously.
The time was 9:05 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary