2017-10-26
Berlin Planning and Zoning Commission
Regular Meeting Minutes October 26, 2017
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on Thursday,
October 26, 2017at 7:00 p.m. in the Town Council Chambers, Berlin Town Hall,
240 Kensington Road, Berlin, CT.
In attendance
Chairman Bruce Moore
Commissioners Curtis Holtman,Kevin Murphy, Jon-Michael O’Brien, Brian Rogan, Joan Veley,
Steve Wollman
Alternate Commissioner Alex Giannone
Excused
Commissioners Alternate Commissioners Diane Jorsey, Lyle Menard
II Approval of Minutes
a.September 14, 2017 Regular Meeting
Commissioner Murphy moved to approve the minutes, as presented.
Commissioner Holtman seconded the motion which carried unanimously, with appropriate
commissioners abstaining from the vote.
b.September 21, 2017 Special Meeting
Commissioner Murphy moved to approve the minutes, as presented.
Commissioner Holtman seconded the motion which carried unanimously, with appropriate
commissioners abstaining from the vote.
III Schedule Public Hearings
a.Re-Adoption of Zoning Regulations–Suggested Date: December 14, 2017
CommissionerMurphy moved to schedule the hearing for December 14, 2017.
Commissioner Holtman seconded the motion which carried unanimously.
b.Public Hearing to Not Amend Regulations forthe Growing, Producing and
Dispensing of Marijuanain Berlin –Change to Zoning Regulations
Berlin Planning & Zoning Commission Meeting Minutes October 26, 2017
Suggested Date: December 14, 2017
CommissionerMurphy moved to schedule the hearing for December 14, 2017.
Commissioner Holtman seconded the motion which carried unanimously.
IV Requests for Bond Releases
a.Request of Mark Lovley,Lovley Development, for a bond release,
Circlewood Drive
Chairman Moore stated Deputy Director of Public Works Jim Horbal has reported the bond may
be released.
Commissioner Wollman moved to release the bond.
Commissioner Holtman seconded the motion which carried unanimously.
b.Request of John Dumin, Treasurer/Property Manager, for a bond release at the
Berlin Firehouse, 1657 Berlin Turnpike
Chairman Moore stated Deputy Director of Public Works Jim Horbal has reported the bond may
be released.
Commissioner Wollman moved to release the bond.
Commissioner Holtman seconded the motion which carried unanimously.
V 8-24 Reviews
a.In accordance with Section 8-24 of the Connecticut General Statutes, review and
recommendation of the partial abandonment of the Grove Hill Right of Way,
adjacent to 462 Alling Street
A memo dated September 13, 2017 from Jack Healy, Interim Town Manager, to the Town
Council stated the following:
“As you are aware, St. Paul’s Church recently acquired the former Kensington Grammar School
property known as #462 Alling Street. Following the acquisition, the church designed and
constructed additional parking that has been enhanced with a prayer garden and a spiritual
reflection memorial. The church recently approachedTown Staff with a request to transfer the
surplus right of way property adjacent to its Grove Hill portion of the property to incorporateinto
Phase Twoof its development plans.”
Commissioner Wollman moved to forward a favorable recommendation to the Town Council of
the partial abandonment of the Grove Hill Right of Way, adjacent to 462 Alling Street.
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Berlin Planning & Zoning Commission Meeting Minutes October 26, 2017
Commissioner Veley seconded the motion which carried unanimously.
b.In accordance with Section 8-24 of the Connecticut General Statutes, review and
recommendation of granting a drainage easement for 76 Fuller Way
A memo dated September 14, 2017 from Jack Healy, Interim Town Manager,to the Town
Council stated the following:
“The Town received a request from The Big A LLC, owner of 76 Fuller Way, to grant a
drainage easement related to its property at 76 Fuller Way. The easement would permit
drainage from 76 Fuller Way to be discharged onto a pond in the adjacent Town owned site. The
drainage easement was shown on the subdivision plan approved in 1985, but was not recordedon
the Land Records.”
Commissioner Wollman moved to forward a favorable recommendation to the Town Council for
the partial abandonment of the Grove Hill Right of Way, adjacent to 462 Alling Street.
Commissioner Veley seconded the motion which carried unanimously.
VI New Business
a.Site Plan of Vincent Brescia for a 10,800 s.f. industrial warehouse at
205 Christian Lane
Mr. Brescia stated the building will be similar to the other four buildings on his property on
Christian Lane.
Commissioner Holtman moved to approve the application, subject to the following:
a)Staff review and approval of landscaping, mechanicals, screening, dumpsters, and
zoning compliance.
b)If required, submittal of a bond in an amount to be determined by staff.
Commissioner Carey seconded the motion which carried unanimously.
b.Site Plan Amendment of StanChem Inc. for reconstruction of existing
entrance off BerlinStreet, 401 Berlin Street, East Berlin
Mr. Stephen McGuff, Vice-President of Operations, StanChem, Inc., 401 Berlin Street, East
Berlin, statedhe representsthe new ownership group who had purchased the business just weeks
ago. He statedthe application before the commission is “Project One” of a multi-year, multi-
million dollar improvement plan for the site. He stated the gravel entrance is approximately
18,000 s.f. of area to accommodate truck traffic and serves as the “corporate front”.
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Berlin Planning & Zoning Commission Meeting Minutes October 26, 2017
Mr. Robert Day, architect for the applicant, stated town staff has been on the site. The engineer
for the site, Bart Bovee, MBA Engineering,isunable to attend this meeting; however, Mr. Bovee
had been working with Deputy Director of Public Works Jim Horbal, and a revised design plan
has been created. He stated the design will help to rid the site of dust; will “clean up” the front
edge by adding a concrete apron; and the island in the middle where the sign will be located will
have a rain garden and will separate traffic, as well. The surface area of the driveway will be
reduced.
Commissioner Wollman moved to approve the application.
Commissioner Rogan seconded the motion which carried unanimously.
Chairman Moore read the Call of the Hearings.
VII Public Hearings
a.Special Permit Application of Judy Flynn for a “Protein Shake Shop” at
250 Berlin Turnpike (Retail Building –aka 224 BerlinTurnpike)
Mr. John Orsini, property owner, stated the process of approving businesses to go into the retail
building on the site is too lengthy.
Chairman Moore stated Mr. Orsini hasa “tremendous investment” in developing the site. He
notedthe requirement of the Special Permit will also protect a less than desirable impact from an
abutting usecoming into the area.He stated approving the Special Permit Uses administratively
does not work.
Mr. Orsini stated he had lost two other businesses for the new retail unitsdue to the time frame
of the Special Permit approval process.
Chairman Moore stated the commission is sensitive to the situation and does not want to
negatively impact business and discussions will be held about the regulations.
Ms. Judy Flynn, Glastonbury, stated she had opened a Fresh Monkee business in June, 2014 in
Wethersfield. The business was a huge success and she opened another business in Glastonbury
in 2015 which has a food truckfor events. She described the business which featuresprotein
shakes made with whole fruits, vegetables and protein. Her stated customers’ ages range “from
three to 95” and described the business as “good, clean fun”.
b.Regulations for Ground Mounted and Roof Solar Panels
There were no speakers.
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Berlin Planning & Zoning Commission Meeting Minutes October 26, 2017
Commissioner Wollman moved to continue the public hearing to the November 16, 2017
meeting.
Commissioner Veley seconded the motion which carried unanimously.
VIII Old Business
a.Special Permit Application of Judy Flynn for a “Protein Shake Shop” at
250 Berlin Turnpike (Retail Building –aka 224 Berlin Turnpike)
Chairman Moore stated his support of the new business.
Commissioner Veley moved to approve the application.
Commissioner Wollman seconded the motion which carried unanimously.
b.Regulations for Ground Mounted and Roof Solar Panels
No action taken. The public hearing has been continued to November 16, 2017.
IX Commission Business
a.Façade Application of Bartkowicz Family LLC for 80 MassirioDrive
Mr. Chris Edge, Director of Economic Development, stated the site improvements will include
removing a fenceandinstalling new landscaping. The amount of the grant is $7,931.05.
Mr. Steve Weber, Richards’s Machine Shop, stated the improvements will increase curb appeal.
Commissioner Wollman moved to approve the façade application.
Commissioner Veley seconded the motion which carried unanimously.
b.Façade Application of Darek Monko, Berlin Properties LLC, for 372 Main Street
Mr. Chris Edge, Director of Economic Development, stated the goal of the property owner is to
improve the site to attract tenants.The work will include installation of a new panel system with
brick front, windows, and gutters. The amount of the grant is $31,299.50.
Mr. Derek Monkostated he had purchased the property in January.
Commissioner Murphy moved to approve the façade application.
Commissioner Holtman seconded the motion which carried unanimously.
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Berlin Planning & Zoning Commission Meeting Minutes October 26, 2017
c.Façade Application of Futures, Inc. for 384 Main Street
Mr. Chris Edge, Director of Economic Development, stated the improvements will include
landscaping improvements and installation of paving stones. The amount of the grant is
$5,350.00.
Ms. Sharon Foucherstated they are planning to create a common area where patrons can sit and
enjoy the landscaped area. A table and chairs (not part of the grant funds) will be placed at the
site.
Commissioner Wollman moved to approve the application.
Commissioner Holtman seconded the motion which carried unanimously.
d.Determination of Suitability for an Open Space Subdivision, “DeCormier Woods”
Main Street and Ice Pond Road
Commissioner Rogan recused himself from discussion of this agenda item.
Mr. James Cassidy, P.E., Hallisey Pearson & Cassidy Engineering, Rocky Hill, stated discussion
of the preference for a conventional subdivision vs an open space subdivision was discussed by
the Inland Wetlands Commission at its July 18, 2017meeting. The IWWC’s Commission’s
preference was the “Open Space Subdivision” layout. The Planning and Zoning Commission
asked Mr. Cassidy to return to the IWWC to determine if it would be feasible to develop 19 lots
with a conventional subdivision layout. The IWWC again discussed the proposal at its October
3, 2017 meeting to determine the feasibility of 19 lots to be developed. Only four of the lots
have wetland issues. Lot #19 has an existing house and Lots 16, 17, and 18 could be developed.
The IWWC’s conclusion is the proposed number of 19 lots is feasible in the open space
subdivision. The preference of the property owner is development of an open space subdivision,
as there are mature, deciduous trees on the property; the open space subdivision would meet all
requirements of zoning; the open space layout would requirea wooded buffer of 400’ from Ice
Pond Lane before construction could begin; the lots would be over ½ acre each with a frontage
of atleast 100’, and there would be useable yard area.
Chairman Moore stated there have been “rare instances” when open space subdivisions are
successful. He stated what is troubling to him is the surrounding area is not developed as open
space subdivisions and creating one would be inconsistent with the neighborhood. However, he
stated the 400’ before development begins is a positive.
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Berlin Planning & Zoning Commission Meeting Minutes October 26, 2017
Mr. Cassidy stated that open space developments, when developed with large homes and small
lots do not work well. He stated the current trend is developing3,000 s.f. homes. With the open
space subdivision for this site, the side yardswould be 30’.
After discussion, Mr. Cassidy stated the stakes on the site will be re-checked for numbering and
a map showing the stakes would be created. The map will be submitted to the Town and sent to
the commissioners so that they may visit the site on an individual basis.
The property owner gave his permission for them to walk the site.
No action taken.
Commissioner Rogan was reseated.
e.Discussion of tenant occupancy in buildings in PSB zones
Attorney Dennis Ceneviva, representing Mr. John Orsini, stated his concern had beenstatedby
Mr. Orsini earlier in the meeting during the public hearing for Ms. Judy Flynn. Hestated the
time frame for processing an application is always a factor for a new business.
Chairman Moore stated the commission welcomes businesses to Berlin and understands this
issue may be a priority. The requirements of the regulations provide protection to maintain a
neighborhood.
f.Discussion of stone walls at 728 Kensington Road, Oakland Developers
Commissioner Rogan recused himself from this application.
Mr. Eric Kucharczk, developer of the site, stated the walls on the site were not salvageable.
Photographs of the walls had submitted by Maureen Giusti, Assistant Town Planner/Zoning
Enforcement Officer showing their poor condition.
Commissioner Wollman stated he had seen the walls which arebasically scattered rocks.
Commissioner Murphy moved to remove the obligation of a condition of approval for the
subdivision as voted at its June 8, 2017 meeting, the following:
4. An easement/restriction in favor of the Town for the protection of the stone walls
will be established and filed on the Land Records.
Commissioner Veley seconded the motion which carried unanimously.
Commissioner Rogan was re-seated.
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Berlin Planning & Zoning Commission Meeting Minutes October 26, 2017
X Commissioners Comments
XI Adjournment
The meeting adjourned at 8:10 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary
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