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2014-05-08Berlin Planning and Zoning Commission May S, 2014 — Regular Meeting Minutes I Call to Order The Berlin Planning and Zoning Commission held a Regular Meeting on May 8, 2014 in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road. The meeting was called to order at 7:07 p.m. In attendance Chairman Bruce Moore Commissioners Ronald Edelson, Mark Kaczynski, Kevin Murphy, Mark Parasiliti, Steve Wollman Alternate Commissioners Curtis Holtman (seated); Nicole Pac Director of Development Services Hellyn Riggins Excused Commissioner Brad Parsons Chairman Moore stated the applicant's attorney for Mahler Realty Advisors, Inc. for 7 lots on Southington Road has submitted a letter that the hearing be continued to the June 26, 2014 meeting. Attorney Evans, the applicant's attorney, stated he has submitted a letter requesting the public hearing continue to June 26, 2014 and also has provided his consent to July 10, 2014 to close the public hearing without violating statutes. Director Riggin stated she and Attorney Evans have both agreed to the stated timeline. II Request for Bond Release a. Request of Mark Lovley, President, Lovley_Development for a bond release, Georgini Estates Subdivision Director Riggins complimented the developer for his work. She stated the road has been accepted by the town; the request meets the time requirement; and it would be acceptable to release the maintenance bond of $20,058. Commissioner Wollman moved to release the maintenance bond. Commissioner Kaczynski seconded the motion which carried unanimously. III New Business a. Special Event Application of A.S. Labieniec Inc for a Farmers Market at 817 Farmington Avenue Berlin Planning and Zoning Commission Regular Meeting Minutes — May 8, 2014 Director Riggins stated the market had been previously held at the same location. The layout is the same as has been used for several years since moving the market to 817 Farmington Avenue. The traffic layout has worked well; no complaints have been received. She recommended approval of the application. The dates of the market will be June 14, 2014 through approximately October 5, 2014; the hours will 9:00 a.m. to 1:00 p.m. Commissioner Murphy moved to approve the application. Commissioner Holtman seconded the motion which carried unanimously. b. Special Event Application of Brian Kearney, Manager, TNT Fireworks, for a temporary tent in the parking lot at 1943 Berlin Turnpike for the retail sale of Connecticut legal sparklers Director Riggins stated different companies for similar products have been locating in this lot for some past years. The parking lot is appropriate for the use; there have been no issues. Mr. Brian Kearney, Stratford, CT, stated the dates of the sale will be June 17, 2014 to July 7, 2014. Commissioner Edelson stated a police comment concerning the tent extending past the parking spaces would create a traffic problem and should be set up on the grass so that it does not go past the end of the parking stall. Mr. Kearney stated he would comply with that and all of the comments. Commissioner Wollman moved to approve the application. Commissioner Kaczynski seconded the motion which carried unanimously. • Commission Business a. Change to a conservation easement Lot 15-8 Block 12 85 Great Oak Drive, property of Mark and Ersilia Raynock Director Riggin stated when this subdivision was approved, there was a conservation easement on several lots to protect wetlands, as directed by the Inland Wetlands and Watercourses Commission. There was a misunderstanding, and a shed was constructed on the easement. The homeowners have been working with the IWWC for over a year to resolve the issue, and the IWWC has agreed to take out a part of the easement document. Corporation Counsel will amend the legal documents. The revised subdivision plan will need to have Planning and Zoning Commission's approval. Commissioner Murphy moved to approved the revised subdivision plan to amend the dimensions of a conservation easement. Commissioner Wollman seconded the motion which carried unanimously. IV Public Hearings 2 Berlin Planning and Zoning Commission — Regular Meeting Minutes --- May 8, 2014 a. Subdivision Approval Application of Mahler Realty Advisors, Inc. for 7 lots at 57 Southin on Road The applicant is requesting the hearing be postponed until the June 26, 2014 meeting. Commissioner Murphy moved to continue the public hearing to the June 26, 2014 agenda. Commissioner Wollman seconded the motion which carried unanimously. b. Proposed Amendment of Richard H. Pentore, Esq. to amend Section VIIIA. Planned Office Residential District — POR Attorney Pentore stated the commission is familiar with this application, as it had come before the commissioners in the Fall of 2013. There had been some confusion about the usable area verses the gross floor area. The assessor's card stated the living area of 2,400 s.f; the applicant defined the area using gross floor area which would include the basement and other space. Therefore, the commission didn't vote on the "merits of the amendment". The application is trying to accomplish achieving a little more flexibility in the POR zone at the lower end of the Berlin Turnpike, which he considers an economically challenged area. The building that his client purchased years ago had been a Chinese restaurant and more recently a headquarters for Class Act Cleaning. The building was purchased with a foreclosure sale. It had been appraised at $310,000, and the Selinas Family paid $325.000. The foreclosure contract states "as`is". The town's assessment cards listed the property as being in a General Commercial zone. He distributed copies. He stated he didn't know how long the zone had been designated as a Planned Office Residential zone, perhaps ten years. After the Selinas Family LLC purchased the property, the street cards still showed the GC zone. The town had generated some false information that was relied upon. He stated he had been at the sale for another party and knew the correct zone. The property next door is a motor vehicle repair garage, and there is a diversity of businesses in the area. He stated the applicant is trying to keep the property on the tax rolls. He stated they operate a small, cash and carry warehouse and sell products, such as tobacco products, typically to gas stations. He stated there had been claims that sexually explicit materials were being sold, but that is not the case. The Plan of Conservation and Development addresses flexibility to promote commercial business, and that end of the turnpike is "pretty dead". There is some residential development, but there are non -conforming properties which don't fit the required five acres of the POR zone. This amendment allows for parcels less than two acres. Attorney Pentore stated there "about four" other properties in Berlin that would be affected by this change. He stated the intention is to try to keep business active. He stated there was confusion regarding the sale of this property. The appraisal done was for a court valuation of $310,00. There are eleven comparables —three were gas stations/service stations; only one comparable out of the eleven would have qualified for the POR zone. This demonstrates the confusion of inaccurate information. There is no due diligence after a bid has been accepted; the property is "as is" or the deposit is forfeited. The previous use was Class Act Cleaning; the Selinas Family business is a cash and carry business, and its use is not more intense. They have approximately ten to twelve customers a day; there is no tractor trailer traffic. The purpose of the amendment is to keep the property viable, and if that is not the case, there will be "another Berlin Planning and Zoning Commission — Regular Meeting Minutes — May 8, 2014 empty parcel" on the turnpike. Attorney Pentore stated the Berlin Turnpike is, historically, a "mixed bag" with its restaurants and service stations. The use of his client's property is designed to be less intense. The fact that the assessor's cards did not provide the correct information has to be given some consideration. The POR zone is very restrictive compared to the GC zoning designation. He stated he hasn't received any "strong comments or objections" from abutting property owners. He stated his client owns several gas stations in the southern part of the state. He stated this building is not big enough to house appliances. A Special Permit process will be required and any concerns about parking could then be addressed. Commissioner Edelson stated his objection to the last sentence of the proposed amendment which states "The distribution of building, plumbing, or electrical supplies shall be prohibited" and questioned why it is needed. Attorney Pentore stated it is included to try to keep tractor trailer traffic off the site. He stated his applicant deals with cash and carry supplies, and the point is to not make it too obviously commercial. Director Riggins referenced various zoning regulations, including: • Section I - Intent and Purpose. She stated the Town's Plan of Conservation and Development has just been completed, and during its completion, there had been no mention of wholesaling in the POR district. • Section VIII.A.1. — The purpose of the POR zone is to provide for the development of multifamily residential uses, office and related uses. • Section N.C.1. — The intent of nonconforming lots is to allow legal, non -conformities, but not to encourage them to expand and grow. This zone was designed as a buffer to more intense uses. Office/residential is the essence of this zone. She stated regarding the assessor's cards, the town was recently before the Citation Officer [with the Selinas family] for another purpose and this subject was brought up. Attorney Pentore stated the same issue, the wrong information on the assessor's cards. She said she had asked the applicant if they had known if the use was permitted in the GC zone, and they did not. They had never come to the zoning office to find out if their use was compatible with the zone. She stated her opinion the point is moot. She stated she had included her comments to the commission from the last application, since nothing has changed. She stated this amendment is proposed for one building, and the commission always considers the entire zone. She stated the amendment is proposed for one owner who bid on something not knowing what was permitted. She stated approval would defy the commission's purpose stated in the POR zone and it would be based on one person's purchase of a building he is "stuck with". Regarding affecting four other properties, she stated properties can be divided or merged. She stated the amendment is strictly for one person. Attorney Pentore stated he didn't know what the owner specifically had in mind when the property was purchased, and they thought they had more flexibility to develop. This zone has been designated as POR for ten years, and the current assessor's cards still show the zone as GC. he stated the lower end of the Berlin Turnpike as a "little bit of everything" and the uses even 4 Berlin Planning and Zoning Commission — Regular Meeting Minutes — May 8, 2014 confused the licensed appraisal. The proposal would allow a low intensity use and keep the property viable. Director Riggin stated the session with the Citation Hearing Officer was recorded and the applicant was very clear that the building had been purchased for this use. She also stated it was disheartening that an attorney from our town doesn't have any hope for the south end of the turnpike to turn into the vision that is seen with Berlin' s Plan of Conservation and Development. Male Speaker: We have tobacco and soda for a cash and carry business; there are no tractor trailers; actually less than 10-12 customers a day, on a busy day, perhaps 12. Our customers are local businesses. I am in real estate and active in Meriden's local government. We've never had a complaint. We are located there now, not intentionally [against the regulations]. Director Riggins asked if the speaker had said he is on the Planning and Zoning Commission. He responded he serves on Meriden's Public Utilities Commission and works with the Planning and Zoning Commission when he develops property. Director Riggins asked if he had come to her office. He responded he had not. Commissioner Murphy moved to close the hearing. Commissioner Wollman seconded the motion which carried unanimously. V Old Business a. Subdivision Approval Application of Mahler Realty Advisors, Inc. for 7 lots at 57 Southington Road Chairman Moore stated this agenda item has been tabled to the June 26, 2014 meeting. b. Proposed Amendment of Richard H. Pentore EN. to amend Section VIIIA. Planned Office Residential District -- POR Chairman Moore stated the Town has very recently ratified the Town's Plan of Conservation and Development, a three year process. He stated there had been a great amount of various disciplines that formulated the plan, including input from Inland Wetlands, Economic Development and Conservation Commissions. The area of the Berlin Turnpike was studied extensively, as was the POR zone and its relation to the area. He stated there had been no suggestion that the POR should change in any way from its existing designation, and it is a transitional zone. Residential uses have developed in the area. He stated his second concern is "spot zoning". Berlin Planning and Zoning Commission — Regular Meeting Minutes — May 8, 2014 Commissioner Murphy stated he has a concern for spot zoning and wholesaling is not part of this zoned area. He moved to deny this application. Commissioner Edelson seconded the motion. Discussion Commissioner Edelson stated, for the record, his disapproval of the inclusion of the last line of the proposed amendment. Chairman Moore stated the amendment is not consistent with the Plan of Conservation and Development. Commissioner Murphy stated that should also be added to the motion. The motion carried unanimously. VI Commissioners' Comments VII Director's Comments VIII Adjournment The meeting adjourned at 7:58 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 6