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2012-05-10Berlin Planning and Zoning Commission Regular Meeting Minutes - May 10, 2012 I Call to Order The Berlin Planning and Zoning Commission ]leld a Regular Meeting on May 10, 2012 in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road, Berlin, CT. The meeting was called to order at 7:00 p.m. In attendance: Chairman Bruce Moore Commissioners Mark Kaczynski, Kevin Murphy, Brad Parsons, Mark Parasiliti Alternate Commissioner Steve Wollman (seated) Director of Development Services ~ ~~~ ~ ca c,~ '`•.~. ~ ~~ ~ c~ ~ Excused: cz~ ~~ ~ ~ ~ . `~ Commissioner Mark Edelson ~ ~ - ~`' ~ { _~ ` I Review/Acceptance of Minutes f c' --• ~:~ -~_. _ -W-: ~ rv ~ ~ ~ ~~ c:~~ ~~ ~ a May 3 2012 i~J r.: ' : - ~ ~' '~ ~y ~~'~ . , f A motion to table review of the minutes was made by Commissioner Murphy , seconded by 4~ Commissioner Kaczynski and carried unanimously. III Requests for Bond Releases/Bond Reductions a. Reauest of Earl Wicklund for a bond reduction Lots 3 and 4 Block 84~ 1176 Farmin~ton Avenue Director Riggins stated the bond sheet in the meeting package needs to be reconfigui•ed to include half the original bonded amount of $10,000 for the detention structure. Commissioner Murphy moved to table this agenda item. Commissioner Kaczynski seconded the motion which carried unanimously. b. Request of Thomas Coccomo for a bond release An~ela Estates Su ag r Maple Lane Director Riggins stated this bond had been called and as work was done, funds could be returned to the bank. Aprons have been installed; however, Engineering staff has reported the~ work was not done correctly. Commissioner Murphy moved to deny the request. Commissioner Parsons seconded the motion which carried unanimously. Berlin Planning and Zoning Commission Regular Meeting Minutes - May 10, 2012 IV Public Hearings a. Subdivision A~proval Ap~lication of Evelvn R. Anderson for six buildin~ lots at Lots 31A, 31B, and 32, Block 142, Circlewood Drive. jContinued from Mav 3, 2012) Mr. Bart Bovee, PE, MBA Engineering, representing the applicant, stated staff comments received to date have been addressed. There were no other speakers. Commissioner Kaczynski moved to continue the hearing to May 24, 2012. Commissioner Parsons seconded the motion which carried unanimously. b. Special Permit Use Application of Coccomo Brothers LLC for a drive-through at a proposed retail center at Lot 22C, Block 83, Webster Square Road jContinued from May 3, 2012) Mr. Jack Banks stated he had assumed Mr. Coccomo would be at this meeting. Chairman Moore stated the commission would come back to this application later ii7 the meeting. Special Permit Use Application of New En~land Mercantile Group, .LLC for an automobile dealership (used car) and office (Amazon Broker at 99 Webster Square Road Chairman Moore read the Call of the Hearing. Attorney Richard Pentore, representing the applicant, stated the site currently houses the Power House Gym; although, originally the site was an automobile dealership. He stated the company, New England Mercantile Group, LLC, sells cars which are off lease, generally two year old automobiles. Approval of this application would allow the applicant to have retail <~ales of cars that were leased. There is ample parking. The current plan is to have Power House gym relocate. The applicant also has a textile business which will use the site's office s~~ace. Zoning Board of Appeals' approval for location for its used car license has been received. 'There will be light duty repair, for example oil changes. Attorney Pentore stated the oil will be captured and disposed of properly. Attorney Pentore stated there are three auto-related dealerships nearby and his opinion that the site is an excellent location for the proposed use. Chairman Moore asked for clarification of the "Amazon Broker" statement on the application. Mr. Azam Saeed stated they are a sourcing company for textiles and the product, m,ainly clothing, is stored off site. He stated they are a service agent, in a sense, and function in a small office. He stated when they lease automobiles, they own them but generally have no contact with them. He stated Fordham University is a significant customer and when a vekicle is ordered with the factory, the car will go to a dealer in New York. He stated the vehicles they deal with are almost brand new in appearance, as government leases of three years rnay return a Berlin Planning and Zoning Commission Regular Meeting Minutes - May 10, 2012 vehicle with sometimes 7,000 miles, up to 24,000 miles. Mr. Saeed stated their clothing warehouse is located in Plainville and the Berlin facility is ill suited for warehousing. He stated he doesn't foresee a need to warehouse items there; however, if that changes, he will come back the Planning and Zoning Commission. Mr. Saeed stated there will be 20 spaces for visitors or customers; 10 spaces far employees, including handicap parking; 7 spaces for service or leased vehicles. In response to Chairman Moore's question, Mr. Saaed responded there is 5,000 s.f. of office space. Mr. Saeed stated there will be no structural changes. Director Riggins stated the Planning and Zoning Commission needs to determine if the parking requirements have been met, as the office is not a regular office and doesn't exactly meet the profile for an office with consumers coming and going. She stated parking is normally 1 to 250; however, this office is only for 10 employees. There were no other speakers. Commissioner Murphy moved to close the hearing. Commissioner Parasiliti seconded the motion ~vhich carried unanimously. d. Special Permit Use Ap~lication of Estates of Berlin, LLC for a condominium project at Lot 41, Block 133, Beckley Farms Attorney Leonard Jacobs, representing Estates of Berlin, stated Mr. Rob Pryor, LRC Group, and Mr. Jeff Respler, Principal in Ownership of the project, were present. Attorney Jacobs stated the project had been in "disarray" with the former owner and is now in "good shape ancl functioning properly". He stated the Special Permit approval for the project will expire in September. He stated all notices and signage were properly completed for this meeting. He stated t:he original approval was for 178 units and that number is now proposed to be reduced to 171 units. The clubhouse has been moved and shown in the proposed plan. He stated Phase 5 had apartment units with 87 multi-family units within apartment house type settings and the concept needed to be changed as it was unpopular with the commission , as well as unit owners. The ~~roposal will reduce the units from 87 to 57, and the buildings will have 4-7 units, as shown in the; artist's rendition. He stated the proposal will reduce the road width from 30' to 28' and has had no town staff objection. He stated there has been a drafting change and there are 39 units in :Phases 1-lA and 2. The actual sizes will be 1600 s.f.; 1875 s.f; 2135 s.f.; and 2020 s.f. Fifty-eigllt boxes are now proposed at the smallest size. He stated his opinion that not all will buy the sm,allest unit and there will be less than 171 units. Attorney Jacobs stated the new owner has shown he deserves this trust. Speakers Ms. Claudia Wells, Beckley Farms, stated concern about adding more units on Scenic Drive as Berlin Planning and Zoning Commission Regular Meeting Minutes - May 10, 2012 there will be too much traffic using the one road. Mr. David DeSanto, 14 Hunter Drive, asked if the setback is generally 25' for the houses on the top of the road. He stated concern about the amount of green space and asked if any of the units will have decks or patios, especially the back buildings which he stated are close to each other. Mr. John Cavenau~h, 18 Forest Court, asked if the distance between the new units ~~ill be the same as the existing units. Mr. Jim Carrier, Beckley Road, asked if the emergency fire exit will be completed. He stated the original approval had a breakaway gate, and the existing condition of the gate has wire and two hooks. Mr. David DeSanto stated the emergency road is not fully paved, as it was approved. Attorney Jacobs stated the emergency gate has to be completed, and there are decks on the units. Mr. Rob Pryor, LRC Group, engineer for the project, stated with regard to the spacimg from the road, there will be a minimum of 20' between the townhouses. The green space in iront of every unit will be 35' apart. The setbacks from the road will vary from 22 to 23 feet. Director Riggins stated she will verify the required setback for the units. Attorney Jacobs stated senior apartment houses would have been more profitable; h~~wever, the developer has made a commitment to the town and is trying to "do the right thing". Mr. Cavenaugh asked if the spacing of the proposed 40 to 50 units would have the same spacing as the existing units. Mr. Pryor stated the spacing side is side is 20' and as the developer has proposed soxne narrow units, six to twelve units are likely to be lost. Director Riggins clarified the distance is not 20' side to side, but a separation distanre of 20' around. Mr. Pryar stated there will be some places where the units will be back to back. Director Riggins asked if the 20' distance would be met. Mr. Pryor stated it would be met. Director Riggins stated the proposal has reduced the number of units by a few units; the land coverage and drainage will need to be checked and a final staff report reported. Attorney Jacobs stated Mr. Pryor will work with Director Riggins to verify the report. Berlin Planning and Zoning Commission Regular Meeting Minute,s• - May 10, 2012 Mrs. Wells asked about the height of the proposed fence. Director Riggins responded it was strictly a barrier. Sheila Marlinani asked if there is only one way in and out of the site. Attorney Jacobs stated there is only one road. Commissioner Murphy moved to continue the application to May 24, 2012. Commissioner Parasiliti seconded the motion ~vhich carried unanimously. The commission then considered the earlier tabled agenda item of Coccomo Brother.s. b. Special Permit Use A~plication of Coccomo Brothers LLC for a drive-throu~h at a proposed retail center at Lot 22C, Block 83, Webster Square Road (Continued.fYOm Mav 3, 2012~ Mr. Thomas Coccomo, 1897 Berlin Turnpike stated the project has received an appi•oval from the Zoning Board of Appeals and the plan is 90% completed except for the contingency regarding the curb cut if the drive-thru is accepted. Director Riggins stated the 25' setback shown for the drive-thru has 10' of grassed area and will not work for two-way traffic. She said the bump-out for the drive-thru needs to be shown on the plan. Mr. Coccomo stated he will have the changes made to the plan and meet with Direcl:or Riggins prior to the next meeting. Commissioner Kaczynski moved to continue the public hearing to May 24, 2012. Commissioner Parsons seconded the motion which carried unanimously. Public Hearings for Agenda Items e. and f. were not opened due to the large number~ of people who were present for these hearings and concerns for capacity limits for fire safety for the council chambers; the public hearings will be scheduled for a Special Meeting at a l'arger . facility. Proposed Text Amendment to the Berlin Zonin~~ulations of Metro Realtv Group, Ltd. to amend Section XI.BB Workforce Housi~~ Development ("WHD" with the addition of Section 5) 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-1 l~ to Workforce Housin~ Development (WHD) V Old Business a. Subdivision Approval Application of Evelyn R. Anderson for six buildin lots at Berlin Planning and Zoning Commission Regu[ar Meeting Minutes - May 10, 2012 Lots 31A, 31B, and 32, Block 142 Circlewood Drive No action taken - hearing continued to May 24, 2012. b. Special Permit Use/Site Plan Amendment Applications of Coccomo Brothers LLC for a drive-through at a proposed retail center at Lot 22C Block: 83, Webster Square Road No action taken - hearing continued to May 24, 2012. Special Permit Use/Site Plan Amendment Ap~lications of New England Mercantile Group,LLC for an automobile dealership (used car and office (Amazon Broker) at 99 Webster Sguare Road A poll was taken of the commissioners; all spoke in favor of the application. Director Riggins stated there are some Zoning Board of Appeals' conditions to be rr~et and the applicant has agreed to all of them. She stated the project would add to the economic base and is in compliance with the Plan of Conservation and Development. Commissioner Parsons moved to approve the application, subject to the following conditions: a. All Zoning Board of Appeals' conditions will be met. b. The applicant will work with Development Services staff and Engineering staff to address all comments. c. If required, submittal of a bond in an amount to be determined by sta~f. The motion was seconded by Commissioner Wollman and carried unanimously. V Old Business (Continued) d. Special Permit Use/Site Plan A~plications of Estates of Berlin LLC i~or a condominium project at Lot 41, Block 133 Becklev Farms No action taken. e. P_roposed Text Amendment to the Berlin Zonin~gulations of Metro Realtv Group, Ltd. to amend Section XI.BB Workforce Housir$ Development ("WHD" with the addition of Section 5) No action taken. £ Zone Change Request of The Metro Realtv 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. Berlin Planning and Zoning Commission Regular Meeting Minutes - May 10, 2012 VI New Business a. Site Plan Amendment of The Metro Realt~Group Ltd for the Kensin~ton Grammar School Elderlv TOD Housin~ and Kensington Workforce 'TOD Housing at 462 Allin~ Street Town ROW 125-127 Grove Hill and 0 Grove Hill 7B No action taken. VII Commissioners' Comments VIII Director's Comments a. 91 Clark Drive - Discussion of parkin~ setback requirements for the PI zone Director Riggins stated there is a conflict in the regulations. The bulk table for the PI (Planned Industry) zone state the parking setback is 10 feet for the front yard setback; howevf,r, the text within the PI regulations states no parking is permitted within the front yard. Chairman Moore stated the regulations should be consistent. Director Riggins stated the setback of 10 feet would be consistent with the surrounding neighborhood which is all constructed. She stated she will propose an amendm~t t~ c~rec regulations. ~,~ ~ C__ c~, s~., .. t.~~ ---i ~ -~.~3 t-~ IX Communications C:.. ~ ~ ~,. ~_ r_.~ ,~, • X Adjournment ~~, ~ :~ ~~ The meeting adjourned at 8:30 p.m. ~ ~ ~-- w-~e :~ .-x-=~, ~ ~ ~, `~~3 `:~' w;~r ~ C-~ '_. _' M W ~ t:~ \,.~ _ ' espectfully submitted . N c,:. ,~. ~-~~ M ki rances emnos Recording Secretary 7