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.