2018-09-13 Berlin Planning and Zoning Commission
Regular Meeting Minutes
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on September 13, 2108 in
the Town Council Chambers, Berlin Town Hall, 240 Kensington Road, Berlin, CT. The meeting
was called to order at 7:00 p.m.
In attendance:
Acting Chair Kevin Murphy
Commissioners Curtis Holtman, Jon Michael O'Brien, Brian Rogan, Steve Wollman,
Alternate Commissioners Steven Biella, Jr. (seated), Diane Jorsey (seated)
Town Planner Marek Kozikowski
Excused
Chairman Bruce Moore
Commissioner Joan Veley
Alternate Commissioners Lyle Menard
II Approval of Minutes
a. August 9, 2018
Commissioner Jorsey moved to table review of these minutes.
Commissioner Rogan seconded the motion which carried unanimously.
b. August 23, 2018
Commissioner Rogan moved to approve these minutes.
Commissioner Wollman seconded the motion which carried unanimously.
III Schedule Public Hearing
a. Proposed Amendment of Lindsey Fortunato, Fortunato Construction Group,
to amend the Berlin Zoning Regulations, Section Planned Shopping B Zone
Special Permit Uses, to allow Health and Fitness Clubs
Suggested Date: September 27, 2018
Commissioner Jorsey moved to schedule the public hearing for September 27, 2018.
Commissioner Wollman seconded the motion which carried unanimously.
IV Commission Business
a. In accordance with Section 8-24 of the Connecticut General Statutes, review
and recommendation of the matter of rehabilitating the Worthington Ridge
Berlin Planning& Zoning Commission Meeting Minutes—September 13, 2018
Bridge (#04476), Berlin Street Bridge (#05224), Wildermere Road Bridge
(#06122), and the Heritage Drive Bridge (#06123)
Mr. James Horbal, Deputy Director of Public Works, noted Town Planner Kozikowski has
provided the commission with background information. He stated the work will be mainly
maintenance activities, including sealing joints and re-building guard rails. The Town has
received a Federal grant which will pay for 80% of the construction and design costs. The town
will pay the remaining 20%. The project has a total cost of 1.3 million dollars. The town is in
the process of negotiating contracts with a consultant through the Department of Transportation
who will design the project this winter in anticipation of going to bid in the Spring of 2019.
Mr. Kozikowski stated the Town Council made a motion to approve the referral of this matter at
its September 4, 2018 meeting.
Commissioner Jorsey moved to forward a favorable recommendation to the Town Council.
Commissioner Holtman seconded the motion which carried unanimously.
b. In accordance with Section 8-24 of the Connecticut General Statutes,review
and recommendation of the matter of repairing the Kensington Dam, DEEP
Dam#00703
Mr. James Horbal, Deputy Director of Public Works, noted Town Planner Kozikowski has
provided the commission with background information. He stated the bridge has a Class C High
Hazard rating which requires a structural inspection every two years. The dam has been
inspected for numerous years and the DEEP is recommending a number of repairs. He stated the
structure is sound, and the work will include re-facing the dam, cleaning sediment from the
upstream side, and re-building the gate. He stated the Town will pay for the work as it has been
unsuccessful in obtaining grant money. The project is close to being ready to go out to bid and
work is anticipated to start in the spring. He stated key components to the reconstruction are the
DEEP's requirement of a fish ladder and passage way—the cost for the two are $400,000.
Commissioner Jorsey asked although it is preferable to stay ahead of problems, would it be
acceptable to delay a year or so.
Mr. Horbal stated an order has been issued by DEEP and bonds have been authorized.
Commissioner Jorsey asked if the town would benefit by collecting alternative energy.
Mr. Horbal stated that is not part of the project and would not be possible at this point.
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Berlin Planning&Zoning Commission Meeting Minutes—September 13, 2018
Mr. Kozikowski stated the Town Council made a motion to approve the referral of this matter at
its September 4, 2018 meeting.
Commissioner Jorsey moved to forward a favorable recommendation to the Town Council.
Commissioner Wollman seconded the motion which carried unanimously.
V Public Hearing
a. Proposed Amendment of Town Planner Marek Kozikowski to amend
Section XVI. Validity and Effective Date of the Berlin Zoning Regulations
Commissioner Wollman read the Call of the Hearing.
Mr. Kozikowski stated the proposed amendment is a housekeeping matter. In the past, following
an approval,the commission would set an effective date. However, setting that date would
sometimes be inconsistent—two weeks, a month, or later. If the effective date was not set at the
meeting of the approval, the item would need to be placed on an additional agenda.
Mr. Kozikowski stated he has analyzed state statutes relevant to approving an amendment or an
amendment to the zoning map, and the effective date will be after both a copy of the regulation
or map amendment is filed in the Town Clerk's office and a publication of the commission's
action in the newspaper have been done.
There were no speakers.
Commissioner Holtman moved to close the hearing.
Commissioner Jorsey seconded the motion which carried unanimously.
VI Old Business
a. Proposed Amendment of Town Planner Marek Kozikowski to amend
Section XVI. Validity and Effective Date of the Berlin Zoning Regulations
Commissioner Wollman moved to approve the amendment.
Commissioner Jorsey seconded the motion.
Discussion
Commissioner Jorsey asked if the commission would be able to set an alternative effective date.
Mr. Kozikowski responded the commission would be able to set an alternative date.
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Berlin Planning&Zoning Commission Meeting Minutes—September 13, 2018
The motion carried unanimously.
b. Site Plan of Raimondas Kuliesius for the demolition of two existing single-family
dwellings and the construction of a new, two-family dwelling, driveway, grading
and associated improvements at 976 Deming Road in the OT-2 zone
(Continued from the August 23, 2018 Regular Meeting)
Mr. Kevin Johnson, Close, Jensen, & Miller PC, Wethersfield, CT, stated the property owner is
also present. Mr. Johnson stated the Building Official had conducted a site visit to
determine the condition of the buildings. As stated on Building Official Van Linter's
memorandum dated August 28, 2018, both structures are unsound and should be demolished.
Mr. Johnson stated, as documented by the Building Official, both structures are unsound,the
proposed dwelling will improve the streetscape and neighborhood, storm drainage and water
quality will improve, and the setbacks are more in character with its former Residential 43 zone.
Commissioner Wollman stated the commission considers the health and safety of Berlin's
residents of great importance. He stated the proposal makes sense.
Mr. Kozikowski stated in accordance with the zoning regulations regarding non-conformance,
the commission will need to state findings for the increase in floor area.
Commissioner Wollman moved to approve the application with the following conditions:
a. The approval is being made for consideration of public safety.
b. The approval will provide more conformance with regard to setbacks.
c. The applicant will work with staff regarding staff comments.
Commissioner Jorsey seconded the motion which carried unanimously.
VII Commissioners Comments
VIII Adjournment
The meeting adjourned at 7:25 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary
RECEIVED FOR RECORD
BERLIN TON CLERK
2018 SEP 20 AM 10: 148
i )(44.14/1)4.492. 4
BERLIN.CT.,