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
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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.
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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.
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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.
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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.
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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),
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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
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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
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