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1996/01/09The Berlin Planning and Zoning Commission held its first meeting on January 9, 1996 at 7:30 p.m. in Room 7, Town Hall, 240 Kensingtofi Road. Present: loan Carey, Dr. Martin Harwin, Diane $orsey, Kenneth Jovin, Kathryn Keams, Bruce Moore, Susan Wiley, Timothy Zigmont and Town Planner Brian Miller. Absent: Robert Holmes and Robert Weiss. Town Clerk .loanne Ward joined the meeting and stated the Town Council had approved the Planning and Zoning appointments and had determined their terms to be the following: Regular Members T. Zigmont K. Keams K. Jovin D. Jorsey B· Moore J. Carey R. Weiss Five years Five years Three years Three years Two years Two years One year Alternate Members R. Holmes Five years S. Wiley Three years M. Harwin One year Mrs. Ward administered the Oath of Office to the commissioners present and left the meeting. "~_ hq Audience of Citizens No one spoke for the Audience of Citizens· Mr Moore motioned that Mr. Miller act as moderator until a Chair is select,q, The motion was seconded by Ms. Wiley and earned unammously. Adoption of By-Laws Mr. Miller stated the proposed by-laws had been reviewed by Town Counsel and his suggested amendments were included and highlighted in the copies the commission had before them. After review and discussion, a motion to accept the by-laws as amended was made by Mr. Zigmont and seconded by Mr. Moore. After further discussion, Ms. Carey motioned to amend the time for review of new business to 10:30 p.m. rather than 1 I:00 p.m. Ms. Joraey seconded the motion which carried unanimously. The original motion, as amended with with the motion of consideration of new business to 10:30 p.m., carried unanimously. (copy of approved by-laws attached) Election of Officers Chairman A motion to nominate Bruce Moore as Chairman was made by Mr. Jovin and seconded by Ms. Carey. A motion to nominate Kate Keams as Chairman was made by Ms. Wiley and seconded by Dr. Harwin. ~ A motion to close nominatations was made by Dr. Harwin, seconded by Ms. Kearns and carded unanimously. Mr. Moore was elected Chairman. Voting in favor to elect Mr. Moore as Chairman: Carey, Jorsey, Jovin, and Zigmont. Voting in favor to elect Ms. Kearns as Chairman: Kearns. Vi~-Chairman Ms. Wiley was seated for R. Weiss. A motion to nominate Kate Keams as Vice-Chairman was made by Dr. Harwin and seconded by Ms. Wiley. A motion to nominate Tim Zigmont as Vice-Chairman was made by Ms. Carey and seconded by Ms. Keams. A motion to close nominations was made by Ms. Carey, seconded by Ms. Wiley and carried unanimously. Mr. Zigmont was elected Vice-Chairman. Voting in favor of Mr. Zigmont: Carey, Jovin, Moore, and Zigmoi~3 ~ ~ ~ Voting in favor of Ms. Keams: Jersey, Keams, and Wiley 2 ~ ~ cn Secretary ~ .~ o~ '~ A motion to nominate Ms. Carey as Secretary was made by Mr. Zi~! m'~ ~ seconded by Mr. Jovin and carried unanimously. ., ~-v: ~ i~ :1.29 Meeting Calendar The following 1996 meeting dates were considered: January 25; February 8 and 22; March 14 and 28; April 11 and 25; May 9 and 23; June 13 and 27; July I 1 and 25; August 8 and 22; September 12 and 26; October 10 and 24; November 14; and December 12. Public hearings will be held in the Council Chambers; Regular meetings held in Room 7 at 7:00 p.m. A motion to adopt the meeting calendar as presented was made by Ms. Carey, seconded by Ms. Wiley and carried unanimously. New Applications Mr. Miller stated three new applications had been received: a) Special Use Permit Application of Mooreland Hill School b) Special Use Permit Application of Bethany Covenant Church c) Special Use Permit of the Lions Club - Berlin Fairgrounds Ms. Carey motioned to schedule public hearings for all three applications for January 25, 1996. Mr. Zigmont seconded the motion which carried unanimously. Town Counsel Stephen Anderson joined the meeting. A motion to go into Executive Session to discuss a lawsuit was made by Ms. Wiley, seconded by Mr. Zigmont and can'ied unanimously. The commissioners were in Executive Session from 8:45 p.m. to 8:57 p.m. A motion to adjourn the meeting was made by Ms. Wiley, seconded by Ms. Keams and carried unanimously. The meeting adjourned at 9:00 p.m. Respectfully submitted, S~mn'oski, Recording Secretary Date of ddoption: January 9, 1996 BY-LAWS BERLIN PLANNING AND ZONING COMMISSION ARTICLE I Purpose and Authorizafion The objectives and purposes of the Planning and Zoning Commission of Berlin are those set forth in Chapters 124 and 126 of the Connecticut General Statutes as amended and those powers and duties delegated to the Berlin Planning and Zoning Commission by the aforementioned statutes and by the Town Charter. ARTICLE H NIme The Commission shall be known as the Berlin Planning and Zoning Commission. ARTICLE HI Office of Agency Thc Office of the Berlin Planning and Zoning Commission shall be at the Office of the Town Planner, Berlin Town Hall, 240 Kensington Road, Berlin, CT 06037, where all Commission records will be kept. Copies of all official documents, records, maps, etc., will be filed or recorded in the Office of the Town Clerk, ARTICLE IV Membership The membership and terms of office shall be as specified in the Town Chart~ d the -.n ~-~ aforementioned General Statutes. ARTICLE V Officers and Their Duties Section 1. The officers of the Commission shall consist of a Chairman, a · Vice-Chairman, and a Secretary. Sectitm 2. The Chairman shall preside at all meetings and hearings of the Commission and shall have the duties normally conferred by parliamentary usage on such officers. The Chairman shall have the authority to appoint committees, sign approved subdivision mylars, call special meetings, and generally perform other duties'as may be prescribed in these bylaws. Section 3. The Chairman shall be one of the Commission members. He/She shall have the privilege of discussing all matters before the Commission and of voting thereon. Section 4. The Vice Chairman shall act for the Chairman in his/her absence and have the authority to perform the duties prescribed for that office. He/She shall be a commission member. Section 5. The Secretary shall keep the minutes and records of the Commission and, with the assistance of such staffas is available, shall provide the agenda of regular and special meetings under the direction of the Chairman, provide notice of all meetings to Commission members, arrange proper and legal notice &hearings, attend to correspondence of the Commission, and such other duties as are normally carried out by a Secretary. Section 6. In the absence of the Secretary, due to illness, personal, or disqualification reasons, the Chairman shall appoint a Secretary pro rem. ARTICLE VI Election of Officers Section 1. An annual organization meeting shall be held on the first regular meeting of February at which time officers will be elected and bylaws reviewed and be made a part of the minutes &the annual meeting. At least five regular members must be present before election of officers can take place. Section 2. Only regular voting members of the Commission are eligible for election as an officer of the Commission. Nominations shall be made from the floor at the annual organization meeting and elections of the officers specified in Section I of Article V shall follow immediately thereafter. Section 3. A candidate receiving a majority vote from the entire membership of the Commission shall be declared elected and shall serve for one year or until his successor shall take office. Section 4. In the event of a vacancy of an office, the Commission shall hold an election to fill the remaining term of that office at a regular or special meeting &the Commission. The procedure for nominations and elections shall be in accordance with Sections 2 and 3 of this Article. Section 5. Resignations from the Commission shall be in written form and transmitted to the Chairman, who will then forward same to the executive officer of the Town. ARTICLE VH Meetings Section 1. Regular meetings will be held on the second and fourth Thursdays of each month at 7:00 p.m. in the Berlin Town Hall. In the event of conflict with holdiays or other events, a majority at any meeting may change the date &said meeting. The Secretary shall notify thc membership or regular meetings not less than 48 hours in advance of such meeting. Notice to the public will be provided as required by the General Statues. Section 2. A majority of the voting membership of the Commission shall constitute a quorum, and the number of votes necessary to approve any application filed with the Commission pursuant to Chapters 124 or 126 of the General Statutes or to otherwise transact business shall be a majority of members of the Commission, except as otherwise provided by Statute. The notice of such a meeting shall specify the purpose &such a meeting and no other business may he considered except by unanimous consent of the Commission. The Secretary shall notify all members of the Commission in writing not less than 48 hours in advance of such meeting and provide public notice of the meeting as required by statute. Section $. All commission meetings shall be open to the public when in session. Executive sessions may be held upon an affirmative vote of two thirds of the members of the Commission present and voting taken a public meeting and stating the reasons for the executive session, as defined in Section 1-18a of the General Statutes. Section 4. The Commission may decide, by a majority vote, that no additional agenda items will be heard after 10:30 p.m. ARTICLE VIII Order of Business Section 1. The agendas of all regular meetings shall be prepared by the Town Planner, in consultation with the Chairman, and mailed to the Commission at least two days prior to the meeting. Section 2. A motion from the floor must be made and passed in order to dispense with any item on the agenda or change the order of business. Section 3. No new business submitted for action by the Commission shall be acted upon unless it is submitted at least seven days prior to a regular meeting date. Provisions of this Article may be waived by the unanimous vote of the members present. ARTICLE LX Hearings Section 1. The Commission may hold public hearings, in addition to hearings required by statute, when it decides that such hearings will be in the public's interest. Section 2. All public hearings prescribed by law shall be held in accordance with the General Statutes. Section 3. A competent stenographer shall take the evidence, or the evidence shall be recorded by a sound-recording device, at each hearing before the Commission in which thc right to appeal lies to the Superior Court or as otherwise required by statute. Proceedings of the hearing shall be incorporated into the minutes book of the Commission to he a permanent part of that record. ARTICLE X Conducting the Public Hearing Section 1. The Chairman of the Commission shall preside at the public hearing. In event of his/her absence, the Vice Chairman or a duly appointed commission member shall act as presiding officer. Section 2. The Secretary shall read the legal advertisement and note the dates and newspapers in which the adverlisement appeared at the commencement of the public hearing. Section 3. A summary of the question or issue shall be stated by the presiding officer at the opening of the public hearing. Comments shall be limited to the subject advertised for hearing. Section 4. The Chairman shall describe the method of conduct of the hearing. The Chairman shall first call for statements from the proponents and then from opponents. Section 5. All questions and comments must be directed through the Chair only after being properly recognized by the presiding officer. Section 6. All persons recognized shall approach the hearing table in order to facilitate proper recording of comments. Before commenting on the matter before the heating, each person shall give his/her name and address. Section 7. The presiding officer shall assure an orderly heating and shall take necessary steps to maintain the order and decorum of the heating at all times. The presiding officer shall reserve the right to terminate the hearing in the event the discussion becomes unruly and unmanageable. ARTICLE XI Attendance Section I. It is the duty of the Regular and Alternate Commissioners to attend the regular and special meetings of the Berlin Planning and Zoning Commission. If a Commissioner is unable to attend a meeting, he/she shall notify the Chairman or the Town Planner prior to the meeting. The presiding officer at any meeting shall seat alternate members in the place of absent or disqualified regular members of the Commission. Alternate members shall be selected to sit in place of absent or disqualified members on a rotating basis unless otherwise provided by the General Statutes or the Charier. ~o Section 2. If a Commissioner is absent from three consecutive meetings oi~'th~ ~ Commission, whether regular or special meetings, without justifiable cause, or~a~t from 30% or more of the meetings, whether regular or special meetings, withg_ti~ ;~':: ~ justifiable cause, during the twelve month period commencing on February linSeY'eh; ~; calendar year; the Chairman shall notify the Town Council of the Commis'sio~'~' ~ ~ absence and request that the Commissioner be removed from the Commissio~l[ '::' ~ accordance with the Town Charter. ARTICLE XH Amendments These bylaws may be amended by a two-thirds vote of the entire voting membership of the C. ommission, only after the proposed change has been mad and discussed at a previous regular meeting except that the bylaws may be changed at any meeting by the unanimous vote of the entire voting membership of the Commission. Chairman Brace Moore called the Berlin Planning'and Zoning Commission's Regular Meeting of January 25, 1996 to order at 7:02 p.m. in Room 7, Berlin Town Hall, 240 Kensington Road with the following in attendance: Commissioners Joan Carey, Dr. Martin Harwin, Robert Holmes, Diane Jorsey, Kathryn Kearns, Kenneth Jovin, Robert Weiss, and Timothy Zigmont and Town Planner Brian Miller. Absent: Susan Wiley. I Audience of Citizens No one spoke for this agenda item. II Public Hearings a. Application for Special Permit Usc of Mooreland Hill School, Inc. at Lot 9, Block 10, Lincoln Street, Kensington for expansion of an existing facility and a parking lot. Mr. G. Geoffrey Bray, Architect, New Britain, Mr. Dane Peters, Headmaster, and ' Mr. Philip Barlow and Mr. Mark Smith of TO Design, Hartford, presented the application. Mr. Robert Clark, 366 Mooreland Road, stated although the school is an asset to the community, his concern is parking on the street which at times blocks access to Mooreland Road and could cause a hazardous situation should emergency vehicles need to access the area. He suggested a requirement of another overflow parking lot. Mr. Bray stated parking is allowed on the one side of the street and so posted. He also stated the proposed parking lot exceeds the requirement of the zoning regulations for parking spaces and that in trying to be considerate of the residential character of thc neighborhood, an attempt is being made to limit asphalt on the site. Mr. Claus Berger, 9 Mooreland Road, stated concern for maintaining the residential character of the area and questioned if there will be increased activity or expansion of the school due to the new construction.