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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: th a) Feb. 11 2002 – A letter from Ruth Penfield th 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