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2012-08-23 Berlin Planning & Zoning Commission Meeting Minutes – August 23, 2012 Berlin Planning and Zoning Commission Regular Meeting Minutes – August 23, 2012 I Call to Order The Berlin Planning and Zoning Commission held a Regular Meeting on August 23, 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 Ronald Edelson, Kevin Murphy Alternate Commissioner Steve Wollman (seated) Director of Development Services Hellyn Riggins Excused Commissioners Mark Kaczynski, Brad Parsons, Mark Parasiliti II Review/Acceptance of Minutes a. August 9, 2012 – Regular Meeting Commissioner Wollman moved to approve the minutes, as presented. Commissioner Murphy seconded the motion which carried unanimously. III Schedule Public Hearing a. Subdivision Application of Stephen Dalfino for 2 lots at Lot 130, Block 12D, 45 Hemlock Ridge (Suggested Date: September 13, 2012) Commissioner Edelson moved to schedule the public hearing for September 13, 2012. Commissioner Wollman seconded the motion which carried unanimously. IV Commission Business a.Discussion of property of The Tavani Family Trust, Lots 6 & 7, Skyview Drive Attorney Richard Pentore, 785 Farmington Avenue, stated a “new twist” has become known. Attorney Pentore stated there is 100 feet of frontage on the end of Laurel Drive which would provide the required frontage for the R-15 zone in which the property is located. He stated a formal application for subdivision may need to be submitted, as well as a new survey. Director Riggins stated the lots are contrary to what is normally before the commission and further research is needed about the 100’ and to determine if easements are involved. She stated the commission first needs to resolve the issue presently before it. Attorney Weber stated he had been asked to provide a legal opinion regarding the question if a legal building lot had been created. In 1967 a map shows parcels being conveyed without approval and showed no evidence of being building lots as they lacked road frontage. He stated his research showed it was the clear intention of transferring land in 1972 for the lots not to be buildable, as stated in the Planning Commission’s meeting minutes. He stated, in response to the 1 Berlin Planning & Zoning Commission Meeting Minutes – August 23, 2012 commission’s concern of determining if the lot is a “grandfathered” approved building lot, it is not. Attorney Weber stated there was no evidence that there had been an attempt to create building lots, but only to divide the land. He stated the question stated just at this meeting by Attorney Pentore as to whether the lot has 100 feet of frontage and can be reconfigured is a different issue. After taking a consensus, Chairman Moore stated the commission concurs with Attorney Weber’s opinion that the building lots do not exist, as stated by the past Planning Commission. b. Discussion of the proposed plan of 4-Guys Auctions to hold a weekly estate auction at the American Legion Post 68 Hall, 154 Porters Pass Mr. Gary Jacobs, 33 Main Street, East Berlin and Mr. Rick Branski, 80 Southwind Drive, Wallingford, stated they have held auctions in Stonington on Thursday evenings for years. He said they generally auction antiques, housewares, and some furniture. Director Riggins stated additional information in writing had been requested from the applicants and not received. Chairman Moore stated written details of the proposal are needed. Mr. Jacobs stated he had spoken with Officer Burns in the Police Department with regard to applying for a vendor’s permit. He stated he expected 60 to 70 attendees; the building has a capacity for 177 with parking for 90. Director Riggins stated although an auction is not a specific use in the CCD2 zone, the commission can determine if the use is acceptable. She advised that a sign placed in front of the building the day of the auction and removed the next day would be permitted; however, no directional signs on town roads would be allowed. th The discussion will be continued to the next meeting on September 13 to allow written information to be submitted and circulated to the Fire Marshal and Police for their review. c. Review of the Berlin Lions Agricultural Fair, Inc. List of Events for 2013; addition of an event of the Wally Byam Caravan Club International Airstream Recreational Vehicle Owners Club – August 8-11, 2013 Mr. Joseph Dornfried, 142 O’Connell Drive, Berlin, and Mr. William Lennehan, 22 Hart Street, Berlin, representing the Berlin Lions Club, stated the event will be held for Airstream camper owners from all over the United States. Commissioner Wollman asked for verification that adequate hook-ups and facilities would be available to provide necessary requirements for the event. This was confirmed by Mr. Lennehan. Director Riggins stated departments have signed off on the plan with no concerns, with the only comment from the Health District which is that the “Berlin Lions to submit a temporary food service license application at least two weeks prior to the event, if applicable.” 2 Berlin Planning & Zoning Commission Meeting Minutes – August 23, 2012 Commissioner Wollman moved to approve the addition of the event to the List of Events for 2013, with the following condition: a. Adherence to the Health District’s staff comment to provide a temporary food service license application at least two weeks prior the event, if applicable. Commissioner Edelson seconded the motion which carried unanimously. V Public Hearing a. Proposed Amendment of Richard H. Pentore to amend Section V.A.8.c. Design Open Space Development of the Berlin Zoning Regulations (Continued from August 9, 2012) Director Riggins stated both Town of Berlin’s Assessor Joseph Ferraro and Town Counsel Robert Weber were in attendance, as requested by the commission at its last meeting. Chairman Moore stated the term “Planned Community” is not included in Berlin’s zoning regulations and the commission’s concern is if there would be any impact on an assessment if it were to be added. He stated he had met with Mr. Ferraro and was told an assessment in Berlin is determined by using “comparative sales analysis” – that is how it has been done in the past and anticipated to be the same in the future. He stated he understood Mr. Ferraro had stated the impact by adding “Planned Community” to the zoning regulations would be “zero”. Mr. Ferraro stated Chairman Moore was speaking accurately. Commissioner Murphy stated his question had been answered – that there wouldn’t be a change in the assessment process. Commissioner Wollman said an assessment is then done “building to building – the land is not a factor”. Commissioner Edelson asked if a condominium or a planned community unit would have more value. Mr. Ferraro stated future sales will use similar complexes. Attorney Weber stated changing the characterization is academic, and that filed documents determine the future description. He stated the technical difference is who owns the common elements, and that some developments fit in the planned community description and would be marketed that way. Attorney Pentore stated the amendment will help to avoid any confusion with regard to the definition of a property. There was discussion as to Director Riggins’ response to an appraiser as to the description of a unit that was approved. 3 Berlin Planning & Zoning Commission Meeting Minutes – August 23, 2012 Attorney Weber stated the commission interprets the regulations. Approval of the amendment would make the current regulations consistent with the way they have been interpreted in the past, knowingly or unknowingly. Director Riggins stated the town has interpreted approvals of condominiums in a broad sense to include planned communities, and this amendment will clarify what has been done in the past. She stated she will advise an appraiser to read the related documents that have been filed on the Land Records with regard to any property in question. There were no other speakers. Commissioner Edelson moved to close the hearing. Commissioner Murphy seconded the motion which carried unanimously. VI Old Business a. Proposed Amendment of Richard H. Pentore to amend Section V.A.8.c. Design Open Space Development of the Berlin Zoning Regulations Commissioner Murphy moved to approve the proposed amendment. The reason for its approval is: a. The amendment will provide consistency with past commission decisions when applying this regulation. Commissioner Edelson seconded the motion which carried unanimously. Commissioner Murphy moved to set the effective date of this amendment as October 1, 2012. Commissioner Edelson seconded the motion which carried unanimously. VII Commissioners' Comments VIII Director's Comments IX Communications X Adjournment The meeting adjourned at 8:00 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 4