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2012-05-17 Special Meeting Berlin Planning and Zoning Commission Special Meeting Minutes - May 17, 2012 Call to Order The Berlin Planning and Zoning Commission held a Special Meeting on May 17, 2012 at the Berlin High School, 139 Patterson Way. In attendance Chairman Bruce Moore Commissioners Ronald Edelson, Mark Kaczynski, Kevin Murphy, Mark Parasiliti, Brad Parsons Alternate Commissioner Steve Wollman (seated) Director of Development Services Hellyn Riggins Prior to the formal commencement of the meeting, Chairman Moore explained the procedures of a public hearing. He noted the commission would not take an action for any of the applications at this meeting to allow everyone an opportunity to speak. He stated the public hearings will be left open and all materials relating to the applications and any information submitted to the commission at this meeting will be available in Room 7 at the Berlin Town Hall. He stated once the hearings commence, the commissioners will only discuss the applications in a public forum. He stated the applicant will speak first; public testimony will be taken second; and no time limit will be set for speakers. I Call to Order Chairman Moore called the meeting to order at 7:18 p.m. II Requests for Bond Releases/Bond Reductions a. Request of Earl Wicklund for a bond reduction Lots 3 and 4, Block 84, 1176 Farmington Avenue Director Riggins stated engineering staff has stated the bond may be reduced. Commissioner Edelson moved to reduce the bond to $34,878.00. Commissioner Parasiliti seconded the motion which carried unanimously. III Public Hearings Commissioner Murphy moved to combine Items a. and b. Commissioner Parasiliti seconded the motion which carried unanimously. a Proposed Text Amendment to the Berlin Zoning Regulations of Metro Realty Group, Ltd. to amend Section XI.BB Workforce Housing Development (“WHD” with the addition of Section 5) b. Zone Change Request of The Metro Realty Group, Ltd. to change the zones of Lot 9-1, Block 46, Lots 1, 10, 7B & ROW, Block 46, from Residential 11 (R-11) to Workforce Housing Development (WHD) Chairman Moore read the Call of the Hearing. Berlin Planning and Zoning Commission Meeting Minutes – May 17, 2012 Chairman Moore read correspondence received from Midstate Regional Planning Agency, South Central Regional Council of Governments, and Central Connecticut Regional Planning Agency. Mr. Geoffrey Sager, Metro Realty, stated the applications for the proposed regulation amendment, rezoning and site plan are being submitted pursuant to and comply with Connecticut General Statute 8-30g with respect to affordability and maximum rental and the applicant will not utilize the judicial appeal provisions of Section 8-30g should the commission vote not to approve one or more of the applications. Mr. Sager stated the site is the former Kensington Grammar School. Twenty-five, one bedroom units in the school and thirty-four units in eight buildings, targeting young professionals, are proposed. He noted the train station is within walking distance and the commuter train service is proposed to go into service in 2016. He stated the cost for remediation, which includes asbestos and lead paint, will be from $500,000 to increase to $1,000,000 when the interior demolition is included. He stated water has infiltrated the site which has complicated the remediation and structural integrity of the site. Financing will be obtained through Federal Historic tax credits, State Historic tax credits, tax exempt bond procedures in the form of a mortgage loan from DECD (Department of Economic and Development) and a second mortgage from Governor Malloy’s CHAMP Program. The project will be privately owned and will pay full real estate taxes. He stated public opposition has been directed to the market rate units within the eight buildings; however, he stated the stand-alone senior housing proposal at the per unit cost necessary to save Kensington Grammar School is simply not feasible. The units outside of the school are proposed to be rented for $1250 for a one-bedroom unit and $1500 for a two-bedroom unit. He stated these are the correct numbers – not those that were stated at meetings with attendees at St. Paul’s Church. He stated all units will count towards Berlin’s ten percent affordable housing goal because all will be financed with CHFA mortgage proceeds. He stated Berlin is 141 units away from achieving the state’s goal of ten percent affordable housing. If this development is completed, Berlin will have 82 units to achieve its goal. He stated the project is transit oriented, as it is located .4 mile to the train station and a bus transit system, and is 500 feet to “downtown”. He stated the project is “green” and sustainable and will use advanced Star Energy innovations. He said the project is an adaptive, re-use of an historic structure and will remediate a brownfield site. The project will target young professionals, has no wetlands impact, is pedestrian friendly, and will utilize sidewalks as it is close to employers, shopping and public transportation. He stated Metro Realty will commit to pay for improvements to the adjacent bird sanctuary and will work with Kensington Garden Club members and the Garden Club at St. Paul’s church. He stated the homes will be attractive and will withstand the test of time. Financing approval will be competitive and will create a good change to bring substantial capital investment to Berlin. He stated the applications will allow a different project than usual, as it will eliminate a brownfield and a blighted condition which does not belong in this residential area. He stated this project will eliminate these conditions, at no cost to the town, and will expand its tax base. Mr. Richard Pentore, Esq., representing Metro Realty, reviewed the map’s proposed approximate 2.8 acres of area proposed for zone change. He compared a previously approved plan for the site which had a maximum 1200 s.f. size for the units; up to 16 units per building, and a 20,000 s.f. footprint. The current plan has larger units – up to 1600 s.f. – 6 units per building and a 22,000 2 Berlin Planning and Zoning Commission Meeting Minutes – May 17, 2012 s.f. footprint. He stated although the plans increase density, reduce setbacks and the area between the buildings, the units are not as dense, less by six units, and are larger. He stated there are 110 parking spaces proposed which will serve the site well and will alleviate any spill over parking. He stated due to the asbestos, lead and demolition work, there is a potential cost to clean the site of $550,000 to one million dollars to clean the site. He stated the site is a dangerous place and an attraction to vagrants. He stated he understands residents have stated concern for the density, but Metro Realty has the expertise, resources and sophistication to complete the project well. Attorney Pentore stated Metro Realty has developed twenty-one other complexes and own and professionally manages all of them, including four projects in Berlin. He stated various goals of the Plan of Conservation and Development, including providing ownership options that support various housing choice for people of diverse ages and means; encouraging rental units; the development policies that support use of Brownfield sites; integrating alternative transportation options into the infrastructure to develop strategies which will encourage mass transit; developing of higher intensity development along the railroad area; and improving and increasing pedestrian traffic in the town’s center. He stated the plan accomplishes many goals of the Plan of Conservation and Development and has ample parking. Mr. Michael Ainesworth, HRP Associates, Inc., Farmington, CT, consulting environmental engineer, stated there is significant asbestos, lead base paint, and other hazardous materials found in the walls, plaster ceilings, boiler room, pipe fittings, floor tiles, caulking and roofing. The significant water damage from the roof has caused the asbestos to have a much greater risk to become airborne. PCB’s were found in equipment, cans of oil, stains, and chemicals. He stated the building is unsafe and harmful to anyone exposed to it. He stated it is a brownfield site which is worse than an industrial building, as generally an industrial building doesn’t have the plaster walls and ceilings that the school has. He stated it is a magnet for vandalism and a fire hazard. He stated there are piles of debris and fires had been set. The estimated cost will be at least $550,000 for the abatement, another $50,000 to monitor, could easily increase $150,000 for the cost of disposal and could approach $1,000,000 for the complete clean-up. He stated the work would be highly regulated and inspected by the State Health Department. Mr. David Toce, structural engineer, stated the main building was constructed in 1910 has a wood frame and the exterior bricks are loose. This building is the worse of the two buildings, with highly deteriorating wood floors and framing. Ninety to one hundred percent would need to be ripped out due to the water damage; and, the brick bearing walls are soft. The second building was constructed in the 1930’s and has a steel frame with steel columns and beams and is also highly deteriorated. The steel used during the time of construction was different than used today and is very delaminated; and, a hammer can knock holes and cause rust to drop through. He stated overall, the building is structurally poor and has evidence of fires and floor decking missing, and, the building is very unsafe. Mr. Thomas Daley, P.E., Malone and MacBroom, described the site map showing St Paul’s Church and school, residences, a bird sanctuary and the Berlin Historic Society’s building in the area. He stated the site’s highest elevation is 116’; its lowest is 97-1/2’; there is moderate topography which is generally flat. The site has some paving, trees, a wooded portion, and no wetlands or flood plain. Public utilities are located on the frontage and the site has public water and sewers. There is access off Grove Hill. The northern access will be narrowed to typical 3 Berlin Planning and Zoning Commission Meeting Minutes – May 17, 2012 standards. There is also a southern access. He stated in response to residents’ comments, one access will be closed. Also, in response to comments, an ornamental fence will be added. Regarding storm water, the proposed construction has about the same impervious surface. The storm water runoff will run through water quality chambers to purify and clean sediment from it before it goes into the town’s system. The landscaping plan has numerous perennial plans and focuses on shade trees. There will be additional ornamental plantings and an evergreen buffer of six to seven feet in height along the market rate units. The only area where there is no buffer is along the street frontage. Mr. Charles Nyberg, 37 Northwest Drive, Associated Architects, stated the school is heavily deteriorated. It has been accepted by the Federal Historic Registry, and its renovation will somewhat recreate the ambiance of the school. The building will have a fully sprinklered system with centralized heat and air conditioning. The interior walls will meet Energy Star requirements and have an accessible entrance off Alling Street. There will be an elevator in the building and clarified Mr. Sager’s statement to state there will 24 one bedroom apartments and one studio apartment. All the fair market units will have wood frames on concrete slabs; the one bedroom units will be 819-925 s.f.; the two bedroom units will have 1600 s.f., and each of the buildings will be three stories in height. The exteriors will be typical of Metro Realty’s project on Deming Road and will have architectural roof shingles, vinyl siding and trim board. He stated their professional designer has matched colors to the surrounding neighborhood; windows will be shuttered; and the color of the brick of the school will be replicated. He stated the proposed structures are in scale with the overall neighborhood and documentation of the sun shadowing has been done. He stated the project will be in keeping with the scale of the neighborhood. Mr. Ted Hrenko, P.E., Traffic Engineer, distributed a copy of his report and discussed his findings. He noted the nearby 86 condominium units at Sherwood Falls were also incorporated into the study. He stated the proposed use will be a relatively low traffic generator. He stated the required parking needs 2 spaces for the fair market units in the school; 1.5 spaces for the senior units which total 106; Metro Realty’s plan has 114 spaces. The required parking spaces for the rental units are 60; the plan has 77. Attorney Pentore stated the new buildings will be 36’ in height; the school height is 46-47. The plan will provide an opportunity for the town and commission to achieve many goals of the Plan of Conservation and Development. The school is on the State Historic Register which will ensure the rehabilitation will be done in accordance with the State’s historic guidelines. The school is in “dire straits” and the plan will be an opportunity to turn it into something of which to be proud – at no expense to the town. At 8:45 p.m. Commissioner Kaczynski moved to break for ten minutes. Commissioner Murphy seconded the motion which carried unanimously. The meeting reconvened at 9:03 p.m. with the same commissioners in attendance. Speakers Christina Othone, 62 Peck Street, stated Units 7, 8, and 9 will be behind her backyard. She 4 Berlin Planning and Zoning Commission Meeting Minutes – May 17, 2012 stated her support of the renovation of the school, but not the proposed surrounding buildings, which she stated to be “excessive”. She said the 3-story buildings will be 12’ from her property line. She stated the slope behind her home, constructed in 1910, slopes down five feet – the proposed structure will be forty feet – which means she would have a forty-five foot high building facing into her window. She stated the project is not designed for a residential neighborhood, and the buildings have little space in between. Father Robert Schlageter, St. Paul’s Church, stated church members have parked at the Kensington Grammar School for twenty years and understand circumstances may be changing. He said the Church has been looking for alternative parking and is in final negotiations to find additional parking. He stated church members are not opposed because they would be losing their parking at the Kensington Grammar School; however, they are concerned for the increased traffic and for the safety of the children. He stated there are 1200 children in and out of their building every week, as there are 239 students and others who come for religious education. He stated their concern is for inadequate parking; and, there may not be enough visitors parking as “young professionals” have numerous friends. He stated the renovation of the high school has no concerns, but the project’s density does. He stated the project is incompatible with the neighboring residences because it allows a significant change in zoning. He noted the church has been there since 1913. Mr. Dennis Kern, 57 Cider Mill Road, stated there are significant zoning issues which are negative to this development. He stated the proposed zone change is traditional spot zoning, places a burden on the neighborhood, and is very dense in nature which would set a precedent for other development of the same type. He submitted a written opinion about the density. He stated the project was not compatible to the requirements of the zoning regulations which direct the commission to maintain compatibility. Noting church members are not opposed to the school’s renovation, he summarized his concerns:  The proposed applications would allow for spot zoning.  The proposal violates the Plan of Conservation and Zoning Regulations as it is clearly incompatible with the neighborhood and the regulations require compatibility.  Traffic and parking are concerns.  The project would be a disturbance to the neighborhood.  The safety of children is a concern. Mr. David Cyr, 245 Cole Lane, speaking as a parishioner of St. Paul’s Church and a resident, submitted his review of the traffic. He noted various key times that were not included in the applicant’s report and stated his opinion that the report was shortcoming. He noted nothing was in the report about evening traffic, Saturday’s 4:30 p.m. Mass, or sport practices and games. He stated his study showed drop-off counts for some evening events on one night arrival of students (cars) for four evening events one night as 116 students (100 cars); 113 students (104 cars); 139 students (132 cars), and 160 students (152 cars). Chairman Moore clarified that he understood Mr. Cyr would like more information regarding events held during week day evenings and Saturdays. 5 Berlin Planning and Zoning Commission Meeting Minutes – May 17, 2012 Mr. Cyr replied he would. Ms. Michelle Barnes, 75 Tree Hill Road, a parishioner of St. Paul’s Church, stated, on behalf of the church, opposition due to the safety of the children who attend St. Paul’s School. She stated there are 239 students, three to fifteen years old. She stated the school’s location provides a sense of security for the children. She submitted photographs for the record. Mr. Anthony Ryba, 66 Grove Hill, stated he is a parishioner and the commissioners shouldn’t view the issue as church verses developer, but rather consider the application as seen through the eyes of someone who lives in the neighborhood. He stated the change is not compatible with the regulations; the eight buildings are a radical change; and the height and 12 foot setback are unacceptable. He stated a scale model would demonstrate his concerns. He stated his opinion that due to the changes in the rail system and the economy, renters will be unwilling to pay the $1500 rent which would be better invested in a mortgage for a home. He stated his opinion that the project will significantly reduce the equity in the neighboring homes and is being proposed to gain political capital. Mr. Edward Janik, 66 Spicewood Lane, stated he and his wife Gloria are both parishioners of St. Paul’s Church. He stated his concerns for the height of the buildings. He submitted photographs for the record which he said show the disproportionate relationship to existing buildings. Mr. Don Lombardo, 38 Park View Drive, stated he is a parishioner and a Berlin resident. He addressed concerns about density and submitted a sheet of information. Mr. Jim Newman, 108 Misty Mountain Road, stated concerns about the potential for spillover parking which would be likely to happen on weekends and during winter parking. He recapped the issues that the Parishioners of St. Paul have:  The safety of the approximate 1400 children who use St. Paul’s church and school  Inadequate parking  The density and setbacks which will destroy the character of the neighborhood and cause property values to drop He stated approval will set a bad precedent for Berlin. The parishioners have no opposition to renovating the school for senior housing. Mr. Richard Landry, 18 Peck Street, stated his concern for inadequate enough parking for visitors and the 25 mph speed limit for the neighborhood’s streets will not be kept. Ms. Beverly Polgroszek, 42 Parish Drive, stated she is a parishioner. She spoke about the impact the project would have on the schools. She noted Griswold School has 600 children, has two portable classrooms, and is almost at capacity. She stated her opinion that the rent is too high for professionals. She stated concerns for the project’s size, density, parking and traffic. Attorney Stephen D. Anderson, representing Lorraine Rakowski, 135 Grove Hill. He stated Ms. Rakowski is not in opposition to change but feels the construction will be at her expense. He stated the retaining wall is too large and Ms. Rakowski will be almost “surrounded” by a three story building 12’ from the property line and a six unit building to the rear. He asked type of 6 Berlin Planning and Zoning Commission Meeting Minutes – May 17, 2012 material would be used in the construction of the wall. He stated his opinion that the project will diminish her property’s value and the change is not compatible with the regulations. He stated in his twenty-five years of practicing law, the concept of fundamental fairness has been absolute, and, in his opinion, the proposed changes are not fundamentally fair to Ms. Radowski. Mrs. Barbara Coughlin, 259 Alling Street, stated support for the senior housing portion. She stated the zoning regulations should prevent overcrowding of land. She stated the area is already densely populated and the change would not be compatible with the character of the neighborhood. Ms. Barbara Ryba, 62 Oakridge Drive, stated she is not opposed to senior housing, but the proposal will change the character of the neighborhood because of its density. She stated the parking will be inadequate. She said another project by the developer, Fieldstone, has buildings which are one story less and below street level. She asked the commissioners to consider what it would like to have a three story building next to their homes. Ms. Stacy Pajernon, no address given, stated the traffic study is a concern because the days on which the traffic was studied do not provide a true picture. She stated there had been no discussion of the noise or lights on the buildings. She stated there is ledge in the area. She asked if there would be water, sewer, or electricity issues. She stated she had looked at other projects by Metro Realty. The manager was on site for one of the places. She said she saw mold and chipped paint and submitted photographs. She stated there are no sidewalks directly to the train station. Ms. Beverly Landry, 289 Main Street, spoke in opposition and her concern for blasting and the dumpster would be too close to her yard and would negatively impact cookouts in her yard. Mrs. Joan Veley, 1424 Orchard Road, stated the approval would be considered “spot zoning”. She stated the project doesn’t represent good development for the community, but rather a clear, undeniable benefit to the developer. She stated there has been no compelling or overwhelming argument presented that would support its approval. Mr. Frank Kowalski, 117 South Slope Drive, stated he is a parishioner of St. Paul’s Church and his support of the restoration of the school, not the buildings. Commissioner Murphy stated the time was almost 11 p.m. He moved to continue the public hearings until next May 23, 2012. Commissioner Parsons seconded the motion which carried unanimously. IV Old Business a. Proposed Text Amendment to the Berlin Zoning Regulations of Metro Realty Group, Ltd. to amend Section XI.BB Workforce Housing Development (“WHD” with the addition of Section 5) No action taken. 7 Berlin Planning and Zoning Commission Meeting Minutes – May 17, 2012 b. Zone Change Request of The Metro Realty Group, Ltd. to change the zones of Lot 9-1, Block 46, Lots 1, 10, 7B & ROW, Block 46, from Residential 11 (R-11) to Workforce Housing Development (WHD) No action taken. V New Business a. Site Plan Amendment of The Metro Realty Group, Ltd for the Kensington Grammar School Elderly TOD Housing and Kensington Workforce TOD Housing at 462 Alling Street, Town ROW, 125-127 Grove Hill and 0 Grove Hill (7B) No action taken. VI Adjournment Commissioner Murphy moved to adjourn the meeting. Commissioner Wollman seconded the motion which carried unanimously. The time was 10:45 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 8