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2016-01-21 Berlin Planning & Zoning Commission Meeting Minutes – January 21, 2016 Berlin Planning and Zoning Commission Special Meeting Minutes – January 21, 2016 I Call to Order The Berlin Planning and Zoning Commission held a Special Meeting on January 21, 2016 in the Berlin Town Hall, Council Chambers, 240 Kensington Road, Berlin, CT. The meeting was called to order at 7:00 p.m. In attendance Chairman Bruce Moore Commissioner Kevin Murphy Alternate Commissioners Curtis Holtman (seated); Nicole Pac (seated) Director of Development Services Hellyn Riggins Excused Commissioners Ron Edelson, Mark Kaczynski, Mark Parasiliti, Brad Parsons, Steve Wollman II Schedule Public Hearing a. Proposed Amendment to the Zoning Regulations, New Section, Assisted Living Facilities Suggested Date: February 25, 2016 Commissioner Murphy moved to schedule the public hearing for February 25, 2016. Commissioner Holtman seconded the motion which carried unanimously. b. Schedule Public Hearing for Agricultural Regulations Suggested Date: March 31, 2016 Commissioner Holtman moved to schedule the public hearing for March 31, 2016. Commissioner Pac seconded the motion which carried unanimously. III Request for Bond Releases/Reductions a. Request of Armand DiMatteo for a bond reduction, Silver Island Development Director Riggins stated Mr. DiMatteo, developer of the Silver Island site, would like to address the commission regarding the bond for his site. She stated, although discussion with the person requesting a bond reduction or release hasn’t been past practice, part of the bond is for a buffer for a conservation easement and is in place as a condition of a court settlement. Mr. Armand DiMatteo, DiMatteo Construction, 55 Corporate Avenue, Plainville, CT, stated the bond in place with the town is approximately $90,000. He stated he has met with Jim Horbal, Deputy Director of Public Works, and the project is almost done – 500’ of paving remains, 20-30 ft. of sidewalk which was left open to allow an entrance to complete some remaining grading work. The homes are completed, with the exception of one. He stated there is an approximate $20,000 of bonding in place by the City of Meriden for the entry way which is in Meriden. Berlin Planning and Zoning Commission Meeting Minutes – January 21, 2016 Director Riggins reviewed the bonded items, which includes $45,000 for a treed easement. She stated 25% of a bond is held during construction and it is then reduced to a 10% maintenance amount. She stated staff is not in favor of changing that policy, noting that Mr. Horbal is not commenting regarding bonding for the trees, only the infrastructure. She stated the court settlement states the bond for the trees will remain in place until the last Certificate of Occupancy has been issued. Mr. DiMatteo and Director Riggins will meet to review the court settlement to resolve any remaining question. b. Request of Jessica Idleman, Fortunato Construction Group, for a bond reduction, 9 High Road (This agenda item was discussed after item IV.a.) Director Riggins stated Deputy Director of Public Works Jim Horbal has stated trees which are part of the buffer are not thriving. Reducing the bond to $3,000, plus a contingency fee, will be sufficient bond to ensure the treed buffer. Commissioner Murphy moved to reduce the bond to $3,000, plus a contingency fee. Commissioner Holtman seconded the motion which carried unanimously. IV Public Hearings a. Special Permit Use Application of John L. Orsini for a new car dealership and commercial building at 224-256 Berlin Turnpike Continued from January 7, 2016 Attorney Ariana Ceneviva, representing Mr. Orsini, stated Police Department concerns from the January 7, 2016 meeting regarding the exiting of traffic on Episcopal Road have been clarified. The Police Department is advising a “right turn only” when exiting to Episcopal Road. She stated Mr. Orsini is looking forward to a long and mutually beneficial relationship with the Town. Mr. Corey Garro, Close Jensen and Miller, PC, stated agreement with the Police Department decision regarding the exit to Episcopal Road Director Riggins thanked the applicant for working with staff regarding the design of the commercial building. Commissioner Murphy moved to close the hearing. Commissioner Pac seconded the motion which carried unanimously. 2 Berlin Planning and Zoning Commission Meeting Minutes – January 21, 2016 b. Proposal of Hellyn Riggins, Director of Development Services, to amend the Berlin Zoning Regulations for Winery/Vineyard Regulations Continued from January 7, 2016 Chairman Moore read the Call of the Hearing. Director of Development Services Hellyn Riggins noted Director of Economic Development Chris Edge had asked her to write regulations for wineries/vineyard. The Conservation Commission had provided some input and she had amended her original proposal. She stated she has gathered state information and other towns’ information. She stated she does have some concerns and she believes her amendment is friendly to business, as well as providing protection to the residential characteristics of the town. Director of Development Director Chris Edge stated he has been speaking with a family who is interested in opening a winery/vineyard and that is the purpose of requesting the regulations. Mr. Bradford Kelly, 1567 Orchard Road, stated he and his family have a vision for the property at 1405 Chamberlain Highway. The existing barn would be restored to the aesthetic and historic nature of the town; the single family home would be restored for a “boutique” with wine related gifts, and possibly be the home for the caretaker of the vineyard; the stone building would be restored. Ten acres of the site would be agriculturally developed for growing grapes. He noted the grapevines take five to seven years to mature and become suitable to be made into wine. Wine and grapes could be brought in and eventually bottled at the site. There was discussion of the percentage of the grapes which would need to be used to produce the wine on the site. Mr. Kelly stated the site is 24 acres and at least 25% of the grapes will need to come from the 10 acres designated for growing grapes. He said it takes 3 pounds of crushed grapes to make one bottle of wine. They will eventually produce 3,000 cases at some point, which is a low production compared to other vineyards. He noted vines which have matured two to three years may be purchased for the initial start- up of the operation which could begin in two to three years, with the remaining 14 acres in support of the project. Mr. Kelly stated the property slopes uphill and has nice views. He would like to have a patio with paver blocks, wind resistant umbrellas and hayrides. He stated the business would be good for the town’s tourism and would allow for up to thirty employment opportunities. Director Riggins stated the regulations are not site specific and other sites in town may be involved. 3 Berlin Planning and Zoning Commission Meeting Minutes – January 21, 2016 Mrs. Diane Jorsey stated she and her husband own DeMaria Farm, Edgewood Road. She noted the 2003 Plan of Conservation and Development included revisions to the regulations regarding agriculture; however, there was no action taken. She stated the current 2013 Plan of Conservation and Development recognizes agriculture as a business and emphasizes the need to take action to pursue regulation changes due to the significant decline of the twelve remaining farms in Berlin. There is an acknowledgement that the town doesn’t have the resources to be pro-active for agriculture. She noted school events have items which come from out of town. During January and February of 2015, two public meetings at the Town Library concerning zoning regulations were held by Director Riggins and Glenn Chalder, Planimetrics, consultant for the town, and townspeople were invited to contribute comments. In September, 2015 the Planning and Zoning Commission received comments from Mr. Chalder in order to familiarize themselves with the regulations. She stated although some people who might interpret the winery regulations as the first step towards agriculture regulations, she would disagree. She questioned why the winery regulations should be considered before other farm businesses. She stated passage of winery regulations will put all non-winery operations at a competitive disadvantage with respect to hosting special events until the agriculture regulations are approved. She stated the minutes of the December 8, 2015 Conservation Commission meeting show the regulations were discussed as they relate to a specific site. The language in the proposed regulations would not benefit the agricultural community of twelve remaining farms due to frontage on a state highway and the acreage restriction resulting in spot zoning. Wineries and breweries should be included in the regulations. She stated the Plan of Conservation and Development emphasizes the need for easing the permitting process for farms. The proposed regulations state every new product added for sale will need Planning and Zoning Commission approval. She stated the proposed hours of operation are overly restrictive. She stated she and her husband support the concept of the proposed regulations with the amendments to eliminate spot zoning in conflict with the Pland of Conservation and Development, but not at the expense of the farms in town who have been waiting for a revision package. Ms. Christina Berger, 858 Chamberlain Highway, stated the Chotkowski property should be made to resemble the Aqua Turf facility in Southington or the “castle-like” facility in a location in Connecticut. She stated a winery at any property in town would be an appropriate use, but proper regulations for activities should be in place. She stated the State of Connecticut has a poor economy with many people moving out of state. She stated the regulations seem to be specifically written for one property and should address other farms. She is in support of leaving the public hearing open. There is a winery web site that can be utilized to gain information. Noting farm markets, cooking classes, wine tasting, concerts, festivals are many items which are “self-limiting”. The retail store regulations are too restrictive. Agricultural locations now have gift shops that sell pottery, glasses, etc. Restaurants should be allowed as part of wine tasting events. Many farms have commercial kitchens, and catered events are best served by a commercial kitchen. Regarding the bulk requirements, the proposed road frontage is directed to 4 Berlin Planning and Zoning Commission Meeting Minutes – January 21, 2016 this one property. The percentage of land for the farm and size of buildings should be in relation to the size of the property. Requiring approval of any product by the Planning and Zoning Commission is too restrictive. She stated a lot of the proposed regulation is self-limiting. Required parking spaces and number of guests need to be determined by the size of the property. The sign regulations will create too small signage; signage should be creative as long as a sign does not restrict site vision. She stated there is a need to ‘loosen up restrictions” for agricultural uses and “ let people work with their inspiration”. She stated there is a lot of detail in the regulations and they need to be studied and discussed properly. She stated she is in favor of the winery regulations. Mr. Liam Mitchell, 1005 Kensington Road, stated he had been a northern California FAA farmer. He had raised cattle and his products included hay and garlic. He stated he finds the regulation of farms “frustrating”. Health Department regulations and Farm Bureau requirements are in place for farms. He stated farmers have to be diverse in order to survive. He said they are “being treated like criminals, as if they were ISIS”. He stated farmers traditionally take care of their neighbors. He stated he had operated a business for twenty-five years in an industrial park located in Berlin. He stated there are enough laws in place, including those of the State Liquor Board. He said he is opposed to micro managing and finds it frustrating. He stated it is very hard to “figure the future”, as the regulations are literally “strangling people” and causing them to run into “road blocks”. He stated there are enough regulations in place and the property owners should be left alone to “give them a chance to breathe”, and it is not as though they are “getting into something that could hurt somebody”. Male Speaker, a neighbor, stated he would encourage officials to “relax a bit” regarding the regulations. He stated State of Connecticut regulations are in place, and any use should conform to Police Department traffic requirements and parking requirements. He stated the proposed regulations are creating micro-managment, and private properties should be able to be run state regulations. He said there are not many places in Berlin when you can take children on the week-end. Chairman Moore emphasized the Planning and Zoning Commission is just in the beginning of the process of reviewing the proposed regulations. Commissioner Murphy moved to continue the public hearing. Commissioner Holtman seconded the motion which carried unanimously. The scheduled Planning and Zoning scheduled meeting date is February 11, 2016. V Old Business a. Special Permit Use/Site Plan Applications of John L. Orsini for a new car dealership and commercial building at 224-256 Berlin Turnpike 5 Berlin Planning and Zoning Commission Meeting Minutes – January 21, 2016 Commissioner Murphy stated the applicant did an excellent job in presenting his application. Commissioner Murphy moved to approve the applications, subject to the follow conditions: a. Submittal of a bond, in an amount to be determined by staff. b. Building materials to be approved by staff. c. Landscaping to be approved and accepted by staff. d. Landscaped buffer to be maintained. e. The commercial building will be started within eighteen months of this approval. Commissioner Holtman seconded the motion which carried unanimously. Chairman Moore welcomed the business to the community. b. Proposal of Hellyn Riggins, Director of Development Services, to amend the Berlin Zoning Regulations for Winery/Vineyard Regulations No action or discussion. The public hearing has been continued. VI Commission Business a. Discussion of the Solar Array Moratorium Director Riggins stated a moratorium for ground mounted solar arrays was approved at January 7, 2016 meeting. To clarify the intent of the effective date, a vote was taken. Commissioner Murphy moved to set the effective date for the six month Moratorium for Ground Mounted Solar Arrays as January 22, 2016 at 9:00 a.m. Commissioner Holtman seconded the motion which carried unanimously. b. Re-Adoption of 2016 Meeting Calendar Commissioner Murphy moved to approve the revised calendar (revised submittal/meeting dates for October, 2016) . Commissioner Pac seconded the motion which carried unanimously. VII Commissioners’ Comments VIII Adjournment The meeting adjourned at 8:10 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 6