2012-02-09
Berlin Planning and Zoning Commission
Regular Meeting Minutes – February 9, 2012
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on February 9, 2012 in the
Town Council Chambers, Berlin Town Hall, 240 Kensington Road. The meeting was called to
order at 7:00 p.m.
In attendance
Chairman Bruce Moore
Commissioners Kevin Murphy, Mark Kaczynski, Mark Parasiliti, Brad Parsons
Alternate Commissioner Steve Wollman (seated)
Director of Development Services Hellyn Riggins
Excused
Commissioners Ronald Edelson
?
Schedule Public Hearing
Special Permit Use Application of New England Mercantile Group, LLC for an
automobile dealership (used car) and office at 99 Webster Square Road
Suggested Date: March 8, 2012
Commissioner Kaczynski moved to schedule a public hearing for March 8, 2012.
Commissioner Parsons seconded the motion which carried unanimously.
II Review/Acceptance of Minutes
a. January 26, 2012
Commissioner Wollman moved to approve the minutes.
Commissioners Parasiliti seconded the motion.
The motion carried with one abstention (Commissioner Kaczynski).
III Requests for Bond Reductions/Bond Releases
a. Request of Mark Petry for a bond release, Taco Bell, Berlin Turnpike
Director Riggins stated the bond may be released.
Commissioner Murphy moved to release the bond.
Commissioner Parsons seconded the motion which carried unanimously.
b. Request of Dr. Mary Ratchford for a bond reduction, Ratchford Center,
Farmington Avenue
Director Riggins stated engineering staff has recommended a bond reduction to $65,328.00.
Commissioner Kaczynski moved to reduce the bond the $65,328.00
Commissioner Parasiliti seconded the motion which carried unanimously.
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Berlin Planning and Zoning Commission – Meeting Minutes – February 9, 2012
IV Commission Business
a. Interpretation of a proposed use, Worthington Manor, Berlin Street,
East Berlin
Director Riggins stated Worthington Manor has recently withdrawn an application which was
before the Zoning Board of Appeals, and they have asked for an interpretation regarding the
proposed use and parking. She noted the commissioners had received extensive information
from the application regarding the proposed use and expansion of the facility, as well as
correspondence from neighbors. She stated the proposed use is for a “managed residential
community”. She stated her opinion to be the use is very close and in the “same family” as
nursing or convalescent home. She stated the Planning and Zoning Commission, in accordance
with Berlin’s zoning regulations, has the authority to determine if the use is appropriate for its
zone. The second determination of the commission will be regarding the adequacy of parking.
She stated she will take the commission’s consensus back to the Zoning Board of Appeals.
Chairman Moore stated the proposed facility’s designation is newly created by the State of
Connecticut. He stated he concurs with Director Riggins’ opinion that the facility will be most
closed related to Berlin’s regulations as a convalescent home. He said the commission will be
discussing the interpretation as it relates to Berlin zoning regulations, with no relationship to the
state’s categorization.
The parking will also be reviewed by the commission.
Speakers
Mr. Matthew Williams, AIA, on behalf of the applicant, stated his belief the “modernization of
definitions” has confused the issue. He stated as a facility, the use will be identical to what is
existing on the site. He stated approximately 25 beds will be added.
Mr. James Mahoney, Economic Development Director for Berlin, stated he has been working
with Mr. Bower and the facility’s renovating and upgrading has been done well. He stated the
definition for elder care has changed since Berlin’s regulations were adopted and his belief is the
use will be consistent with the definitions in the regulations as well the zoning of the property.
Mr. Williams stated the proposed use is a “residential boarding and care” facility and has 42
beds; 25 beds are proposed.
Director Riggins stated the regulations state a nursing homes are required to have 1 parking
space per 2 beds. The existing facility has 42 beds which would require 21 spaces. There are 30
total spaces on site. The new, proposed facility has 25 beds. The PZC will need to decide if the
9 remaining spaces are enough for this “new” use. The applicant has stated that those residents
in the new area will not have cars. The 9 spaces will need to accommodate 2 additional staff
members, plus visitors.
Mr. Williams stated there are 2 spaces in the drop-off area; 30 are proposed, not including the 2
drop-off spaces.
Berlin Planning and Zoning Commission – Meeting Minutes – February 9, 2012
Mr. Williams stated the new units will not be apartments. Each room will have a bed and a
bathroom with a 4’ counter top with a sink.
Mr. Lewis Bower, Worthington Manor, arrived at the meeting and addressed the commission.
He stated the new addition will have Alzheimer and dementia patients and would be a transition
place for current residents.
Chairman Moore asked if any would be driving.
Mr. Bower stated no residents from the new unit will be driving. He stated a nurse will be on the
premises, and the patient ratio to staff will be the same, just the composition of those members is
different. He stated options provided through various programs allow elderly people to stay
longer in their residences; people who come to reside in his facility are older and sicker than they
were years ago. He stated this facility was founded by his parents in 1974. He stated parking
alternatives for events could be found by using impervious pavers to create parking space on
grassed areas and the beautifully landscaped site would not be harmed.
Director Riggins suggested the lease for the new facility specifically state “no parking” for
residents in the proposed facility.
Mr. Bower responded “absolutely”.
Director Riggins stated the only issues the commission is discussing at this meeting are the zone
the project belongs in and if parking is sufficient. If granted a variance by the Zoning Board of
Appeals, Mr. Bower will then need to submit Special Permit and Site Plan applications to the
Planning and Zoning Commission. The special permit will generate a public hearing.
The consensus of the commission is:
The proposed use will be permitted in its Residential—11 zone, although not expressly stated in
the Berlin Zoning Regulations; and, because “no parking” for residents will be specifically stated
in the lease there is adequate parking for the use. However, at the site plan stage, the
commission may look for an overflow parking area.
V Public Hearing
a. Special Permit Use Application of Dana K. Warren, DKW Architects, LLC for a
veterinary use at 1088 Berlin Turnpike (Continued from January 26, 2012)
Ms. Dana Warren, DKW Architects, distributed aerial maps defining the location and a cover sheet. She
stated the commission had requested clarification on the sign off from the Inland Wetlands and
Watercourses Commission and clarification about the dog walking area and signage.
Director Riggins stated Agent to the IWWC Jim Horbal is comfortable with the location of the dog
walking area in relationship to the two catch basins using the “Smart Sponge” system. She stated
biodegradable baggies and a disposal site will be installed and signage requesting pet owners clean up
after their pets.
Berlin Planning and Zoning Commission – Meeting Minutes – February 9, 2012
Director Riggins stated the landscaped islands the pets will be subject to damage due to the pets’ use.
Ms. Christine Puskaric, 216 Percival Avenue, the proposed tenant, stated the lease has provisions for the
property owner to replace damaged landscaping.
Ms. Warren stated the area has a sprinkler system which will help dilute any matter from pets’ use.
Director Riggins stated Agent Horbal has suggested another area for the pet walking area. She stated
safety concerns for pedestrians who may be walking their pets. She stated the irrigation may help, but the
area is small and contained.
Ms. Warren stated she had met with the landlord who is supportive of good landscaping and will work
with the tenant. She stated the other area would not just include a crosswalk, but a sidewalk. She stated
basins are expensive, and the area is immediate to the wetland.
Commissioner Murphy moved to close the hearing.
Commissioner Kaczynski seconded the motion which carried unanimously.
VI Old Business
a. Special Permit Use/Site Plan Applications of Dana K. Warren, DKW Architects,
LLC for a veterinary use at 1088 Berlin Turnpike
Commissioner Kaczynski moved to approve the applications, subject to the following conditions:
(a) A stand with disposable bags for pet waste, to be kept stocked, will be installed.
(b) Filters, as approved the Inland Wetlands and Water Courses Agent and
coordinated with the Engineering Department, will be utilized.
(c) Submittal of a bond, if required.
(d) Work with landlord to ensure thriving landscaping.
Commissioner Murphy seconded the motion which carried unanimously.
VII Commissioners' Comments
VIII Director's Comments
IX Communications
X Adjournment
The meeting adjourned at 8:25 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary