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2014-10-09 Berlin Planning and Zoning Commission – Meeting Minutes – October 9, 2014 - Berlin Planning and Zoning Commission Regular Meeting Minutes – October 9, 2014 The Berlin Planning and Zoning Commission held a Regular Meeting on October 9, 2014 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, Steve Wollman Alternate Commissioners Curtis Holtman (seated); Nicole Pac (seated) Director of Development Services Hellyn Riggins Excused Commissioners Ronald Edelson, Kevin Murphy, Mark Parasiliti, Brad Parsons II Approval of Minutes a. August 28, 2014 Regular Meeting Commissioner Kaczynski moved to approve the minutes as presented. Commissioner Pac seconded the motion which carried unanimously, with one abstention (Commissioner Wollman). b. September 11, 2014 Regular Meeting Commissioner Wollman moved to approve the minutes as presented. Commissioner Holtman seconded the motion which carried unanimously. c. September 25, 2014 Regular Meeting Commissioner Holman moved to approve the minutes as presented. Commissioner Pac seconded the motion which carried unanimously. III New Business a. Special Event Application of Marcia Wellman on behalf of Northeast Utilities to host a “Feed My Starving Children Event”, 61 Massirio Drive Director Riggins stated this will be the fourth year for the event, with each event having been very successful and with no issues regarding safety or traffic issues. She noted the raw materials will arrive on November 12, 2014 and will be staged for packing. The event will run November th 13th, 14th, and 15 , and at any given time, one hundred volunteers will be packaging the food Commissioner Kaczynski moved to approve the application. Commissioner Wollman seconded the motion which carried unanimously. Berlin Planning and Zoning Commission Meeting Minutes – October 9, 2014 b. Site Plan Amendment of Estates of Berlin, LLC for a Gravity Sewer Connection to Mattabassett Trunk Sewer, Beckley Farms Residential Development Director Riggins noted that today is a Jewish holiday and neither the applicant, nor their legal Representation Attorney Leonard Jacobs, can be in attendance. She read a statement from Attorney Jacobs which stated the following: The project is going well and their request is to change the site plan to eliminate the need for a pump station, which would allow the residents to tie directly into the Mattabassett District system by a gravity sewer. A meter station, most of which is underground, will be constructed. The Water Control Commission and Inland Wetlands and Water Courses Commission have approved the change. Director Riggins noted Sections 1, 1A, and 2 are all on a gravity pump system. Section 3 has a few homes with the same system; however, the remainder of that section is designed to be on a pumping station. The pump station has always been on the plan and would not be maintained by the town. Residents have expressed concerns for maintenance and involved costs. She stated by revising the sewer lines, tying into the Mattabassett District’s system will mean a gravity flow sewer system will flow through town open space. The Conservation Commission and the Inland Wetlands Commission have approved the proposal. If approved, the Town Council will need to approve the sewer lines. She stated the proposal is fair for everyone and good for the residents. She suggested, if approved, signs designating open space should be installed. Commissioner Wollman moved to approve the site plan amendment, with the following condition: a. Work with staff regarding the installation of signs designating open space. Commissioner Kaczynski seconded the motion which carried unanimously. IV Public Hearings Chairman Moore read the Call of the Hearing and an opinion letter from CCRPA stating no objections to the proposal for Item a. a. Proposed Amendment to Berlin Zoning Regulations, Town of Berlin, Section 1 (Village District for Kensington) Director of Economic Development James Mahoney stated this area proposed for change was part of the July 24, 2014 presentation to the Planning and Zoning Commission by Consultant Glenn Chalder. Further analysis determined the boundaries of the proposed district were not clear. It was decided to withdraw Section I and re-submit this revised Section I. State Statues allow for the creation of a village district to provide greater design control. There were no other speakers. Commissioner Kaczynski moved to close the hearing. 2 Berlin Planning and Zoning Commission Meeting Minutes – October 9, 2014 Commissioner Wollman seconded the motion which carried unanimously. The commission then considered Item c. c. Special Permit Application of Islamic Association of Greater Hartford, Inc. for religious meeting rooms for youth groups and recreation, outdoor basketball court, pursuant to Section VI.C.(E)3.r. Director Riggins stated the applicant has not communicated with the Fire Marshal, nor have any plans regarding parking been submitted. She stated staff notes clearly indicate the applicant needs to do that and she had communicated that to Attorney Pentore, his legal representation. th She stated the application is close to its 65 day expiration date for statutory review and requires an extension if the commission is to keep the item on the agenda. Attorney Pentore verbally requested and granted the extension. Attorney Pentore stated the neighbors and mosque members have reach an agreement regarding the lighting for the sports court area. During the months of June, July, and August, the lights will be turned off at 9:30 p.m., and the rest of the year they won’t be on past 9:00 p.m. Commissioner Kaczynski moved to continue this agenda item to the next meeting. Commissioner Wollman seconded the motion which carried unanimously. b. Continuation of the Public Hearing, per Order of the Court, for the Subdivision Application of the Estate of Christy Fangiullo and 656 Toll Gate Road, LLC for two lots at Lots 16 and 15A, Block 118, Toll Gate Road Attorney Richard Pentore stated the court has remanded this issue back to the Planning and Zoning Commission to consider open space in the context of a public hearing. Regarding the building square, he stated there may be other instances in town without a building square and his uncertainty of when the requirement was adopted. Chairman Moore stated the commission cannot approve a lot which does not meet the requirements of the town’s zoning regulations. Attorney Pentore stated there may have been a waiver for the property; however, it is his and his client’s opinion that the court has remanded this application only for consideration of the open space. He stated subdivision regulations may be waived, but not zoning regulations. Chairman Moore stated the public hearing allows all testimony. Director Riggins stated there is an “impass” on the subject of the remand and the judge can strike any inappropriate items. She stated only subdivision regulations may be waived by a ¾ vote. She read the related statute. She stated the meeting at which the application was voted upon there were five commissioners present, and four voted (Commissioner Holtman was recused). Six voting commissioners were required to vote to allow a waiver. 3 Berlin Planning and Zoning Commission Meeting Minutes – October 9, 2014 Commissioner Wollman asked what Town Counsel Weber’s opinion is. Director Riggins stated his opinion is a waiver cannot be granted without a vote of six. She then noted a map had been filed on September 5, 2012 on the Land Records, reference #4079, showing a buildable lot which had never received approval. The map did not have her signature required as authorization to file the map. Attorney Pentore stated his opinion the map had been filed to show a relocated lot line, not as an intent to show a buildable lot. He stated his client is here to obtain a buildable lot. He stated a fee in lieu of open space originates from a need which doesn’t apply in this case. He stated the issue is taking of property which has some constitutional protection in the subdivision regulations. Chairman Moore stated density needs to be considered. Director Riggins stated a “pocket park” would be beneficial on the site. She stated originally a zone change from R-43 to R-21 zone change was sought, and it was stated on the record that the existing home would be a single family home. A lot was created on Norton Lane and open space was provided then; now, if another lot is created, there are density issues. Cambridge Heights subdivision has a “pocket park”. Attorney Pentore stated the court has said no evidence of open space consideration is on the record. He questioned who would maintain the “pocket park”. He noted Silver Lake is nearby. Director Riggins stated Silver Lake is state owned. Director Riggins read the regulations concerning open space, stating #5 which states “public recreation opportunities” apply in this case. Attorney Pentore stated Public Grounds would not look favorably on maintaining the “pocket park”. He again stated this is a constitutional taking and there has to be some evidence that the town needs recreational area. Attorney Pentore stated there is six acres of open space approximately 1/3 of a mile from this lot and a playground with a subdivision has never been approved. Director Riggins stated that property is un-walkable wetlands. Speaker Mrs. Ruscio stated her father had been the owner when the property was originally divided and open space property had been given on Anton Lane. She stated Silver Lake is nearby this property. She stated her opposition to having a “pocket park” and the length of time a decision was taking. She stated she was unaware a map regarding the property had been filed. Commissioner Wollman moved to close the hearing. Commissioner Holtman seconded the motion which carried unanimously. 4 Berlin Planning and Zoning Commission Meeting Minutes – October 9, 2014 The remaining agenda items were considered in the following order: V Old Business b. Continuation of the Public Hearing, per Order of the Court, for the Subdivision Application of the Estate of Christy Fangiullo and 656 Toll Gate Road, LLC for two lots at Lots 16 and 15A, Block 118, Toll Gate Road Chairman Moore recapped the last meeting stating Attorney Pentore and the commission disagree on what is to be addressed during this public hearing. He stated he did not know how the commission could vote against its own regulations when the commission has determined the property is not a building lot. He stated there is no provision to do so in the zoning regulations. He stated regarding the pocket park/open space discussion, he stated everything the commission does is “unique”. He stated if there is density, open space is considered. He stated that, based on his review of the information the court provided, the court has asked the commission to re-open the public hearing because the Planning and Zoning Commission didn’t give the applicant the appropriate opportunity to offer a fee in lieu of the open space; he stated the commission has done that. He stated the commission is at odds with the applicant’s attorney as to what is relative during a public hearing. He stated his interpretation is that a public hearing is not exclusive to one topic, and the public has the opportunity to address the commission. Commissioner Kaczynski stated is determined to not be buildable, why would the open space even be considered. Commissioner Kaczynski stated the time involved in this process. He stated open space does not apply, as the lot is not a buildable lot because it does not have a buildable square. He stated the commission can’t vote against its own regulations. Commissioner Kaczynski moved to deny the application because there is no buildable square. He stated there can be no consideration of open space if the lot is not approved. Commissioner Holtman seconded the motion. Discussion Commissioner Wollman stated he had a concern for the buildable square. Commissioner Holtman stated his agreement with Commissioner Kaczynski’s opinion. Commissioner Kaczynski rescinded and withdrew the motion. Commissioner Holtman seconded the motion. Commissioner Kaczynski moved to:  Deny the application based on the lack of a buildable square and the commission cannot waive its regulations Commissioner Holtman seconded the motion. Voting: Moore, Holtman, Pac (later in the meeting, Pac’s vote was struck from the record), 5 Berlin Planning and Zoning Commission Meeting Minutes – October 9, 2014 Wollman, and Kaczynski. Motion carried – 4-0-1. Commissioner Kaczynski moved to:  Waive the open space fee Commissioner Wollman seconded the motion. Voting in favor: Kaczynski, Wollman Voting in opposition: Moore, Holtman, Pac Director Riggins noted that Commissioner Pac had not been in attendance during the public hearings and therefore, she is not eligible to vote. She stated the number of voting commissioners would then be four, with a two to two vote. c. Special Permit/Site Plan Amendment Applications of Ali A. Antar for youth activities for the association members, Islamic Association of Greater Hartford, 1781 Berlin Turnpike Commissioner Wollman moved to continue this agenda item to the next agenda. Commissioner Kaczynski seconded the motion which carried unanimously. e. Subdivision Approval Application of Mahler Realty Advisors, Inc. for 7 lots at 57 Southington Road Commissioner Wollman recused himself from the discussion and vote for this application. Chairman Moore stated the commission cannot approve something against its own regulations. He stated this proposed subdivision does not conform to the regulations, as one lot has inadequate frontage. He stated plans were received so late that there had not been adequate time for review either by staff, the commissioners, or the public. He stated plans are required to be in seven days prior to a meeting. Director Riggins stated there is the possibility of not losing a lot if the lots are shifted to meet the regulations. She stated after hearing testimony that there would be no cleanup of the contamination next to the creek, her opinion is a fee in lieu of the open space may be appropriate. She also stated final well and septic information needs to be provided by the Health District; Lot 12-A-5 doesn’t meet the requirement of 250’ of frontage; and, her disapproval of plans being submitted a day before the meeting. Chairman Moore stated the proposal does not conform with regulations and the contamination issue is a concern. Director Riggins stated the Inland Wetlands has stated the contamination around the creek was “safer” to be left alone. Commissioner Kaczynski moved to deny the application for the following reason: a. The application does not meet the requirements of the regulations due to the lack 6 Berlin Planning and Zoning Commission Meeting Minutes – October 9, 2014 of frontage for Lot 12-A-5. Commissioner Holtman seconded the motion which carried unanimously. a. Proposed Amendment to Berlin Zoning Regulations, Town of Berlin, Section 1 (Village District for Kensington) Director of Economic Development James Mahoney was present. Chairman Moore and the commission read through the proposal. The commissioners agreed the purpose is good and would allow more enforcement and flexibility in its implementation. Director Riggins stated the change will protect the architectural integrity of the “village area”. The public hearing was closed. d. Revised Amendments to the Berlin Zoning Regulations The Planning and Zoning Commissioners read through the first two sections of amendment, making changes as they deemed appropriate. The public hearing was continued. VI Commissioners' Comments VII Director's Comments VIII Adjournment The meeting adjourned at 8:27 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 7