2015-06-25
Berlin Planning and Zoning Commission
Regular Meeting Minutes – June 25, 2015
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on June 25, 2015 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
Vice-Chairman Kevin Murphy
Commissioners Ronald Edelson
Alternate Commissioners Curtis Holtman (seated); Nicole Pac (arrived at 7:45 p.m. and seated)
Director of Development Services Hellyn Riggins
Excused
Commissioners Mark Kaczynski, Mark Parasiliti, Brad Parsons, Steve Wollman
II Approval of Minutes
a. April 23, 2015 Regular Meeting
b. May 21, 2015 Regular Meeting
rd
Commissioner Murphy moved to table review of the meeting minutes for both April 23 and
st
May 21. Commissioner Holtman seconded the motion which carried unanimously.
III Schedule Public Hearings
a. Special Use Permit Application of JPG Partners, LLC for a 20 unit multi-family
development at 319 Main Street, East Berlin – Suggested Date: July 23, 2015
Regarding scheduling the hearing, Chairman Moore noted a peer review had been required for a
previously submitted application for this site.
Director Riggins agreed and she thinks the same would be needed based on environmental issues
and other issues for which she and the commission may need guidance.
Chairman Moore suggested they would require the same now, as well.
Director Riggins stated she will update the commission at the next meeting about the peer review
process and the date when the hearing may be scheduled.
Commissioner Murphy moved to continue this agenda item to the next meeting.
Commissioner Holman seconded the motion which carried unanimously.
b. Excavation Permit of CRC Homebuilders, LLC to excavate 48,000 +/- cubic
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yards, approximately 2 acres, of material at Lot 1, Block 72, Kensington Road
Suggested Date: July 23, 2015
c. Subdivision Application of CRC Homebuilders for 7 building lots at Lot 1,
Block 72, Kensington Road
Chairman Moore stated the applications were previously before the commission.
Director Riggins stated a peer review had been required. She stated the agenda item may also be
continued to the next meeting to allow time to further investigate the peer review process.
Commissioner Murphy moved to continue both Agenda Items b. and c. item to the next meeting.
Commissioner Holman seconded the motion which carried unanimously.
IV Other Business
Request of Jane Georgini, Market Master, to change the approved location of the Farmers
Market from 817 Farmington Avenue to the New Britain Youth Museum at Hungerford Park,
191 Farmington Avenue
Director Riggins stated the Labiennec’s business at 817 Farmington Avenue, where the Farmers
Market had previously been held, has been sold. It is her understanding that the new owner is
not ready to host the Farmers Market.
Director Riggins stated parking information was submitted on this date from the New Britain
Youth Museum at Hungerford Park and her opinion that the parking will be adequate based on
the information she had received. The site will be monitored to ensure the parking works.
Commissioner Edelson moved to grant a one year approval with the following condition:
a. All staff notes will be addressed.
Commissioner Holtman seconded the motion which carried unanimously.
a. Request of Richard Pentore, Esq. for a 90 day extension to file an approved
subdivision, Pierre Bennerup, Lot 2, Block 119 Orchard Road/Berlin Turnpike
Director Riggins stated this is the applicant’s first request for an extension to file the approved
subdivision. She stated Attorney Pentore has requested an extension to October 7, 2015.
Commissioner Holtman moved to approve an extension for filing the approved subdivision to
October 7, 2015, as stated in Attorney Pentore’s letter.
Commissioner Edelson seconded the motion which carried unanimously.
b. Site Plan Amendment of Dave Alkas for an addition to an existing building,
410 Beckley Road (Berlin Fairgrounds)
Director Riggins noted Mr. Alkas is in attendance. She stated the plan is for an addition to the
museum and will provide additional room for events.
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Commissioner Edelson moved to approve the application, subject to the following condition:
a. The applicant will provide the height of the addition.
Commissioner Murphy seconded the motion which carried unanimously.
c. Fill Permit Application of The Mattabassett District to fill 4,300 c.y., 3 acres
at Lot 2, Block 75A, Route 9
Directors Mr. Art Simonian, P.E., and Mr. Brian Armet, P.E., were present.
Mr. Simonian stated the permit is re-newed every 3 years. The facility has an adequate capacity
for the next seventy years. The inert material created on site is tested and strictly regulated and
has no hazardous compounds.
Mr. Armet stated the facility imposes significant restrictions and no material escapes during its
transportation.
Director Riggins noted its route when transporting the inert ash material is not through Berlin.
She stated a map of revised elevations needs to be submitted.
Mr. Simonian stated the map is in progress and will be submitted.
Commissioner Edelson moved to approve the application, subject to the following condition:
a. A map of revised elevations will be submitted.
Commissioner Holtman seconded the motion which carried unanimously.
V Requests for Bond Reductions/Releases
a. Request of Todd Shiveley, Cedar Shopping Centers, Inc. for a bond release,
Kohl’s, Berlin Turnpike
Director Riggins stated Engineering staff has reported the bond may be released.
Commissioner Murphy moved to release the bond.
Commissioner Holtman seconded the motion which carried unanimously.
b. Request of Todd Shiveley, Cedar Shopping Centers, Inc. for a bond reduction,
Michael’s, Berlin Turnpike
Director Riggins stated Engineering staff has reported the bond may be reduced to $8,971.00.
Commissioner Murphy moved to reduce the bond to $8,971.00
Commissioner Edelson seconded the motion which carried unanimously.
VI Public Hearing
a. Proposed Amendment of Attorney Dennis A. Cenevia, to amend Section VI.B.2.
creating a new section “h”, to amend Section VI.B.3.e., and to amend Section
VI.B.4.b. of the Berlin Zoning Regulations
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Chairman Moore read the Call of the Hearing.
He read documents from the following:
Connecticut Regional Council of Governments which stated the proposal has “no apparent
conflict with regional plans and policies or the concerns of neighboring towns”
A letter from Mr. Chris Edge, Economic Development Director, on behalf of the Economic
Development Commission which stated the commission had voted 6 to 0 to recommend
approval of the text amendment
Attorney Dennis A. Cenevia, Meriden, stated he is representing Mr. John Orsini who would like
the amendment to be approved so that he may open a new automobile dealership on the Berlin
Turnpike. He stated the language is crafted to afford proper safeguards. The amendment
increases the minimum lot size from 5 acres to 7.5 acres. He stated Mr. Orsini’s particular use
would require 500 feet of contiguous frontage on the turnpike and an application would require a
special permit.
He stated Mr. Orsini is the owner of eleven automobile dealerships, including Acura in Berlin.
He stated the proposal has their support and formal recommendation for approval from the
Economic Development Commission. He stated Mr. Orsini is fastidious regarding developing a
site and envisions moving forward with other properties to general new tax revenue for Berlin.
Mr. John Orsini stated Morande Acura of Berlin has outgrown its current Berlin location. He
stated he takes pride in the aesthetics of his property.
Mr. Chris Edge, Economic Development Director, stated the proposed amendment is a direct
result of the Planning and Zoning Commission’s “forward thinking” for this zone. He read a
letter of support of Mr. Orsini from North Haven’s First Selectman.
Director Riggins stated she has made a minor adjustment to the language of the proposed
regulation, as noted in bold:
“Minimum building or building size for special permit use 2h above: At least 25,000 square feet
at least
of gross floor area for the new automobile dealership and 15,000 square feet of gross
floor area for any addition use permitted pursuant to 2h above.”
She stated her support of the proposed change.
Commissioner Edelson moved to close the hearing.
Commissioner Holtman seconded the motion which carried unanimously.
VII Old Business
a. Proposed Amendment of Attorney Dennis A. Cenevia, to amend Section VI.B.2.
creating a new section “h”, to amend Section VI.B.3.e., and to amend Section
VI.B.4.b. of the Berlin Zoning Regulations
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Commissioner Murphy stated the proposed amendment is well structured and will benefit the
town as well as the applicant.
Chairman Moore stated the town has much to offer Mr. Orsini and it is a pleasure to work with
him.
Commissioner Murphy moved to approve the amendment, subject to the following condition,
The addition of Director Riggins’ amended language. The effective date will be
July 20, 2015.
Commissioner Holtman seconded the motion which carried unanimously.
VIII New Business
a Site Plan Amendment of Edward Kirejczyk for a 11,360 s.f. addition at the
Edro Corporation, 37 Commerce Street
Mr. Alan Bongiovani, L.S., Newington, Bongiovani Group, Inc., stated he is representing
Mr. Kirejczyk. He stated Edro Corporation has been established in Berlin for well over fifty
years and has been at his current location since the 1970’s. The company manufactures
commercial washing machines and dryers. The site is four acres and located in a Planned
Industry zone. The proposed 11,300 s.f. addition will be added to the existing building of 33,900
s.f. and used for equipment storage and warehousing. The property is served by sewer and
water and the stormwater management in place will be expanded due to the increase of some
impervious area. Architectural style and colors will continue throughout the site. The zoning
requirement for parking is 66 spaces and there are currently less than half of that number. The
applicant is requesting deferment of 16 spaces parking to delay paving area that is not to be used
due to its current number of employees.
Chairman Moore asked about the buffering of the abutting residential property.
Mr. Bongiovani stated a significant portion had been vegetate; however, a some had been cleared
for the installation of a driveway. He stated Director Riggins had suggested a row of arborvitae
be planted and the applicant is in agreement with that.
Director Riggins stated certain types of arborvitae have a more dense growth at the bottom of the
trees and would be preferable to provide the best screening. She stated the plan had no
corrections and it is the applicant’s right to request the deferment of parking. She noted a 25
percent for the reduction of parking spaces is requested and, if approved, staff will monitor the
parking and if needed, paving will be done. She stated her support for requesting the deferment.
In response to Commissioner Edelson’s inquiry about the hours of operation, Mr. Bongiovani
stated there is one shift, although large equipment may run longer than regular hours.
Commissioner Edelson moved to approve the application, subject to the following:
a. Work with staff regarding planting (number and size) of arborvitae on the
property side that abuts residential property.
b. Submittal of a bond in an amount to be determined by staff.
c. A parking deferment, as shown on the plan, was granted until such time as staff
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determines more parking is needed.
Commissioner Murphy seconded the motion which carried unanimously.
Commissioner Pac joined the meeting and was seated.
b. Site Plan Amendment of Bartkowicz Family LLC for a sales office and showroom
for marble, fabrication, polishing, finishing and display of marble at 80 Massirio
Drive
Director Riggins stated the site is the former Richards Machine Shop. That company needed to
expand and have moved from the location, but retained ownership of the building. They have a
possible tenant who is located in Berlin and would like to re-locate to this site. There would be
dual use on the property, manufacturing and the establishment of a showroom for display and
retail in the front building of the two buildings on the property. The property owners have
working with Economic Development Director Chris Edge and will consider applying for a
façade improvement application and have agreed to remove the fence on the property. They are
asking for outdoor display which is permitted in the zone; however, screening will need to be
discussed. During the Conservation Commission’s review of the project, the commissioners
stated their approval of a use coming to the vacant buildings and the importance of screening
along the abutting town park.
Economic Development Director Chris Edge stated he has been working with the applicant. The
rear building will be used for fabrication, polishing, and finishing of products, and the front
building used as a retail showroom. They have met with the town’s consultant, Brian Humes,
regarding the façade program. Outside display is requested.
Director Riggins stated the 1200 s.f. front building is proposed to become a retail and showroom
area. She addressed the property owners in the audience and explained that the change is a
“legal, zoning move” in that the property has a non-conforming use, manufacturing, and is
proposed to have a split use. Retail is conforming and if the tenant does not remain on the site,
the zoning proportions will remain the same. A non-conforming, “grandfathered” use remains,
but once a conforming use is located on the site, that percentage must remain the same.
Mr. Edge stated a long term intent is that the tenant will purchase the property and site
improvements will benefit that area of the town.
Director Riggins stated removing the fence will improve the visibility of the business; however
the Planning and Zoning Commission needs a better idea of what will be displayed outside.
Mr. Edge stated outside display will have the completed, polished marble. He said there has
been discussion about the fence for both privacy and security.
Director Riggins asked about the driveway to the location.
Mr. Edge stated the second driveway will be closed, and there will be one driveway.
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Chairman Moore asked about the back of the buildings.
Ms Lillian Bartkowicz, one of the property owners, stated there haven’t been discussions about
the back of the building. The initial actions were to take the fence down and plant a buffer
along the Stop & Shop entrance. She said they are unsure of the property line in the back of the
building.
She stated if the application is approve, the entire fence will be removed.
Director Riggins stated when the fence is removed from the rear of the property, a buffer will
need to be planted. She noted the façade program usually only addresses the front of the
property.
Commissioner Edelson stated the noise factor should also be considered, and a buffer will add
additional improvement.
Commissioner Murphy moved to approve the application, subject to the following conditions:
a. All staff notes to be addressed.
b. The fence will be removed.
c. Work with staff to install a living buffer, in accordance with town standards, on
the rear of the property which abuts the town park.
d. The property along the Stop and Shop property line will be cleaned.
e. Work with staff regarding screening of the outdoor display area.
f. If required, submittal of a bond in an amount to be determined by staff.
Commissioner Holtman seconded the motion which carried unanimously.
c. Site Plan of Earl H. Wicklund, Inc. for a retail/office development at Lot 22C,
Block 83CC, Webster Square Road
Mr. Earl Wicklund, 44 Sherry Lane, stated he has purchased the property at Lot 22C, Block
83CC, Webster Square Road and is proposing a development of five individual buildings. The
property is served by water and sewer. He noted he has a potential tenant for one of the
buildings, and as others are contracted, some buildings could possibly change in footage.
Chairman Moore stated the proposal is a good use for the property. He commended
Mr. Wicklund’s past record of working with the commission and staff with relation to building
construction and plantings.
Director Riggins stated she and the applicant have been meeting and reviewed the buildings’
renderings. She stated an objective is that the buildings will all carry a certain architectural
theme. Regarding parking, a statement of what the uses will be should be submitted in order to
defer the applicant’s having to return to the commission for each use.
Chairman Moore stated his assurance that Mr. Wicklund, as he has done in past development,
will work with staff as the building progresses.
Director Riggins stated she will keep the commission updated. She noted the general square
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footage will not change due to the parking.
Commissioner Murphy moved to approve the application, subject to the following conditions:
a. Work with staff on building design
b. Work with staff regarding parking.
c. Work with staff regarding landscaping
d. The size of buildings may be adjusted. Director Riggins will review elevations
before permits for the buildings are issued.
e. Adherence to all staff notes.
f. Submittal of a bond in an amount to be determined by staff.
Commissioner Holtman seconded the motion which carried unanimously.
d. Site Plan Amendment of Ocean Star Transportation, LLC, for a site plan
amendment for warehousing and distribution at 128 Old Brickyard Lane
Director Riggins recused herself from this application.
Assistant Town Planner/Zoning Enforcement Officer Maureen Giusti had reviewed this proposal
and a memo is included in the package.
Chairman Moore read Mrs. Giusti’s report into the record:
TO: Planning and Zoning Commission
FROM: Maureen Giusti, Assistant Town Planner/ZEO
DATE: June 22, 2015
RE: Ocean Star Transportation, LLC
ADDRESS: 128 Old Brickyard Lane
ZONE: PI – Planned Industry
Staff Comments
The Assessor’s record shows a total GFA of 126,727 sq. ft. for the existing manufacturing building. Star
Transportation is proposing to occupy between 30,000-40,000 square feet of the total as a warehouse
and distribution facility.
Wholesale and distribution uses less than 50,000 square feet in size are a permitted site plan use in the
PI zone. The portion of the building that is proposed to be used for the distribution facility meets that
requirement. However if they increase the wholesale/distribution uses in the building, they will need to
file for a special permit because once the 50,000 square feet barrier is crossed, the site is kicked up to a
special permit. If they lease to non-special permit uses, a certificate of zoning compliance or site plan
will be necessary as determined by regulations.
1. A detailed parking plan showing dimensioned tractor trailer truck parking meeting the setback
requirements, aisle width and turning radii should be provided to the satisfaction of staff.
2.The plan should include a zoning chart with existing, required and proposed parking numbers
and the square footage for each proposed use (distribution facility, the remaining
manufacturing facility).
3.The proposed parking chart should specifically quantify the tractor trailer truck parking.
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4.Landscaping buffer screening for the added tractor trailer parking along Old Brickyard Lane
should be provided to screen truck parking from adjacent residential properties and in
accordance with the BZR Sec. IX.C. to the satisfaction of staff. (note the properties across from
the front face of the building and driveway are zoned residential R-7)
Economic Development Director Chris Edge stated the plan shows revised parking. Trucks will
be parked in the rear of the property. Loading and unloading will also take place there as well.
Parking is more than adequate for the use; presently striping of 10 additional spaces will be done
to reach the required 124 spaces. If manufacturing takes place on the site, the applicant will
come back to the Planning and Zoning Commission. He stated the business is family owned and
he has been having discussions with them for several months.
Commissioner Edelson moved to approve the application, subject to the following conditions:
a. Submittal of a revised plan.
b. Adherence to staff notes; including, items 1. 2. And 3. in Mrs. Giusti’s memo.
c. Elimination of Note 4 from the plan – parking in the back of the building.
d. Submittal of a bond in an amount to be determined by staff.
Commissioner Pac seconded the motion which carried unanimously.
IX Commissioners Comments
X Adjournment
The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary
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