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2019-08-22 I Call to Order The Berlin Planning and Zoning Commission held a Special Meeting on August 22, 2019 in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road, Berlin, CT. The meeting was called to order at 7:01 p.m. In attendance Chairwoman Joan Veley Commissioners Curtis Holtman, Diane Jorsey, Brian Rogan (joined the meeting at 8:01 p.m. — audio recording indicates this was during the Quantum of Berlin II LLC portion of the meeting), Timothy Zigmont Alternate Steven Biella, Jr. (seated) Town Planner Marek Kozikowski Assistant Town Planner/ZEO Maureen Giusti Excused Commissioners Jon Michael O'Brien, Steve Wollman II Approval of Minutes a. June 20, 2019 Commissioner Jorsey moved to approve the minutes, with one correction to Page 2 to correct the spelling of"recused". Commissioner Zigmont seconded the motion which carried unanimously. b. July 11, 2019 Commissioner Jorsey moved to approve the minutes, as presented. Commissioner Zigmont seconded the motion which carried unanimously. c. August 1, 2019 Commissioner Jorsey moved to approve the minutes, as presented. Commissioner Zigmont seconded the motion which carried unanimously. III Schedule Public Hearings a. Excavation Permit Application of Eversource Energy c/o Gary Ladarola to remove+/- 3,850 c.y., approximately two acres, of material at 107 Selden Street in the OT zone Suggested Date: September 5, 2019 Commissioner Jorsey moved to schedule the public hearing for September 5, 2019. Commissioner Zigmont seconded the motion which carried unanimously. Berlin Planning and Zoning Commission Meeting Minutes—August 22, 2019 b. Text Amendments proposed by Planning & Zoning Staff to modify and reorganize Section XI.R Gasoline filling stations of the Berlin Zoning Regulations Suggested Date: September 19, 2019 Commissioner Jorsey moved to schedule the public hearing for September 19, 2019. Commissioner Zigmont seconded the motion which carried unanimously. IV New Business a. Special Event Application of Paul Miano, on behalf of St. Paul Church, for St. Paul Parish Picnic, at 467 Alling Street Mr. Paul Miano, on behalf of St. Paul Parish, stated the event will be conducted as in previous years. Mr. Kozikowski stated the applicant has been working with the Police Department and Fire Marshal. There have been no zoning complaints for the past events. Commissioner Jorsey moved to approve the application. Commissioner Holtman seconded the motion which carried unanimously. V Commission Business a. Request of Gregory W. McCracken, Esq., on behalf of Estates of Berlin, LLC for an extension of the Special Permit and Site Approvals of Estates of Berlin LLC, Beckley Farms Condominiums, Beckley Road Attorney Gregory McCracken, Jacobs, Walker, Rice & Barry, LLC, Manchester, Connecticut, stated the Planning and Zoning Commission has been granting annual extensions for the Special Permit and Site approved plans for the continuing development of the project. In accordance with state statutes, those extensions cannot extend past March 9, 2020. The applicant will then have to re-submit new applications and plans. He reviewed the progress of the work for the various phases of the site. Chairwoman Joan Veley stated Section V contains the affordable development and asked if the plans are re-submitted, if the work will be completed. Attorney McCracken stated he has been told it will be completed. Commissioner Zigmont asked if the 32 acres of open space yet has been deeded to the town. Mr. Kozikowski stated he will confirm its dedication and noted there is ample bond in place. Commissioner Holtman moved to approve the request for the extensions of the Special Permit and Site Plan. The expiration date will be March 9, 2020. 2 Berlin Planning and Zoning Commission Meeting Minutes—August 22, 2019 Commissioner Jorsey seconded the motion. Discussion Commissioner Zigmont stated the approval should address the following: The open space being deeded to the town and the excavation of soil to approved elevations. The motion and seconded were amended. The motion carried unanimously. b. Request of James P. Cassidy, P.E., Hallisey, Pearson and Cassidy, on behalf of Ray and Frances DeCormier to modify the gas easement area located in the dedicated open space parcel as approved in the open space re-subdivision at Main Street and Ice Pond Lane Mr. James Cassidy, P.E. and Principal, Hallisey, Pearson and Cassidy, Cromwell, CT., stated the DeCormiers are in the process of finalizing easements at the end of the proposed cul de sac. They have been working with an adjoining property owner to allow an easement which will permit that neighbor to tie into the water and sewer. In return, there is the potential to allow an easement which would allow gas to be brought into the DeCormier property; however, that 20' wide easement would be located in the open space of the recently approved re-subdivision. That site has an 8' wide path and 11 trees would need to be removed. Eleven new trees would be re- planted along the edge of the gas line and will be planted upon completion of road construction. Locating the easement would cause minimal impact and the re-subdivision can be finalized. Commissioner Holtman moved to approve Mr. Cassidy's request. Commissioner Jorsey seconded the motion which carried unanimously. VI Public Hearings Commissioner Jorsey read the Call of the Hearings. a. Special Permit and Site Plan Applications of Pascuzzi& Son Builders to re-approve an existing site plan at Lot 26A Crystal Falls Way Mr. Angelo Pascuzzi, applicant, stated the original approval for the development had expired. He is requesting re-approval of the approval so that he can construct a home on the one remaining property. He is proposing to build a 2,200 s.f. home. Mrs. Giusti stated nine units were approved in 2004. In order to obtain a building permit, re- approval is necessary. She stated the site is developed with Design Open Space regulations and her opinion that the proposed house design is substantially similar to those existing units on the site. She stated the blasting permit, water control matters, and additional bonding will be addressed. She noted Jim Horbal, Agent to the Inland Wetlands and WaterCourses Commission, stated in his comments that all regulated activities have been completed and accepted. 3 Berlin Planning and Zoning Commission Meeting Minutes—August 22, 2019 Mr. Pascuzzi stated a pre-blasting survey has been done. He stated the proposed house is architecturally the same Colonial style as the existing homes. There is one ranch style home. Mr. Kozikowski stated the blasting permit had been issued by the Fire Marshal but was withdrawn when it was determined the applicant had to re-apply for approvals. Commissioner Jorsey moved to close the hearing. Commissioner Zigmont seconded the motion which carried unanimously, Commissioner Zigmont moved to combine the following two items for discussion. Commissioner Holtman seconded the motion which carried unanimously. b. Re-Subdivision Application of Quantum of Berlin II LLC to subdivide Lot 6-2, 500 Four Rod Road, into two lots, located in the PI-2 zone c. Site Plan of Quantum of Berlin II LLC for a 11,500 s.f. manufacturing building on proposed Lot 6-3 of the pending re-subdivision application at Lot 6-2, 500 Four Rod Road Mr. Jeff Michaud, Berlin, stated although he is not the current owner of the property, the purchase is contingent upon his receiving approvals for these applications. He stated the building is pre-engineered but there will be some fabrication done to improve its look. He noted he is a life-long resident of Berlin and will improve the site with the installation of landscaping. There was discussion of the architectural features of the building. Mr. Jack Guilmartin, JL Surveying, 212 Brickyard Lane, Berlin, reviewed the site plan. The proposed building will be used for manufacturing. It will be 11,480 s.f. and have a 6500 s.f. parking lot. There will be five overhead doors and street trees are proposed. He addressed Town Planner Kozikowski's comments. Mr. Christopher Edge, Director of Economic Development, Town of Berlin, spoke in favor of the applications. Commissioner Zigmont moved to close the hearing. The motion carried unanimously. d. Proposed Zoning Text Amendment of Matthew Bruton on behalf of Captain Greg Gaus, Tommy Car Wash to Section VI.G.3.cc of the Berlin Zoning Regulations to eliminate the minimum lot sizes of car wash uses in the BT-1 zone. Mr. Kozikowski stated the applicant has requested a postponement to open the public hearing to the September 5, 2019 meeting. After that time, if opening the hearing is further delayed, extensions will need to be established. Commissioner Zigmont moved to table opening the public hearing to September 5, 2019. 4 Berlin Planning and Zoning Commission Meeting Minutes—August 22, 2019 Commissioner Rogan seconded the motion which carried unanimously. VII Old Business a. Special Permit and Site Plan Applications of Pascuzzi & Son Builders to re-approve an existing site plan at Lot 26A, Block 142, Crystal Falls Way Commissioner Zigmont moved to approve the applications, subject to staff comments. Commissioner Holtman seconded the motion which carried unanimously. b. Re-Subdivision Application of Quantum of Berlin II LLC to subdivide Lot 6-2, 500 Four Rod Road, into two lots, located in the PI-2 zone Commissioner Zigmont moved to approve the application, subject to staff comments. Commissioner Rogan seconded the motion which carried unanimously. Waiver of Sidewalks Commissioner Holtman moved to approve a sidewalk waiver. Commissioner Rogan seconded the motion which carried unanimously. c. Site Plan of Quantum of Berlin II LLC for a 11,500 s.f. manufacturing building on proposed Lot 6-3 of the pending re-subdivision application at Lot 6-2, 500 Four Rod Road Commissioner Holtman moved to approve the site plan, subject to staff comments. Commissioner Biella seconded the motion which carried unanimously. d. Proposed Zoning Text Amendment of Matthew Bruton, on behalf of Captain Greg Gaus, Tommy Car Wash to Section VI.G.3.cc of the Berlin Zoning Regulations to eliminate the minimum lot sizes of car wash uses in the BT-1 zone Mr. Kozikowski stated the applicant has requested a delay in opening the public hearing. No action taken. e. Text Amendment application of Rio Vista Associates LLC to create §VIII.I Affordable Residential Planned Development(ARPD) in the Berlin Zoning Regulations (Must decide by September 14, 2019) Seated Commissioners Steven Biella, Jr. (Alternate Commissioners seated for this meeting), Curtis Holtman, Diane Jorsey, Brian Rogan, Joan Veley, Timothy Zigmont Mr. Kozikowski stated although Commissioner Biella was absent for the July 11, 2019 meeting, he had received an audio record of the meeting and any documentation he needed to review. 5 Berlin Planning and Zoning Commission Meeting Minutes—August 22, 2019 Attorney Jennifer Coppola, Town of Berlin Council, stated she had attended both public hearings for the Rio Vista applications and had reviewed all related documentation. She noted the applications before the commission are submitted under Connecticut General Statute 8-30g. which requires the commission to provide a written decision which will articulate the reasons for the commission's action. She recommended a deliberation session by the commissioners and written input from staff Attorney Coppola read from documentation regarding her last affordable housing case, Lexington Properties LLC vs the North Haven, CT Planning and Zoning Commission. Commissioner Zigmont moved to keep Items e. and f separate for consideration. Commissioner Jorsey seconded the motion which carried unanimously. Chairwoman Veley stated the applicant had responded in writing to Mr. Kozikowski's report of May 30, 2019. In the applicant's comments referencing background information it was stated in Comment#3 that the decision made by the commission at its April 12, 2018 was improper and illegal and prohibited them from proceeding. Chairwoman Veley stated they were never stopped from applying for re-zoning. Also, a traffic assessment had been submitted, not a traffic study. Mr. Kozikowski stated he had provided in his report existing conditions of the lots; relevant background; a cursory review of the concept plan; a description of his site visit; and a detailed analysis of the proposed text amendment. He stated the concept plan is not copasetic with the amendment and didn't provide an opportunity to show a maximum buildout. He stated the text amendment is not for a 319 unit development but rather is for a maximum density of 18 units per acre. The proposed text amendment would allow a 50' maximum height; maximum impervious surface of 50%; 1.5 parking spaces per unit; minimum front set back of 20'; minimum rear setback of 30'; minimum sideyard setback of 30'; only a site plan application would be required —no public hearing or special permit application. The minimum acreage of five acres would not be required to be contiguous which could allow assemblage and create a development that is unpredictable and the applicant did not provide an analysis for this. Commissioner Zigmont stated a concern for spot zoning. Chairwoman Veley stated the area is rural with no public transportation and a railroad station which is more than three miles away. Commissioner Zigmont stated the text amendment does not coincide with the Plan of Conservation and Development. He stated the Central Connecticut Regional Planning Agency's opinion stated the amendment does not comply with the regional plan of development and the Lower Connecticut River Valley Council of Governments and the City of Middletown are not in favor of the amendment. Berlin's Plan of Conservation and Development states the commission must consider the safety and welfare of its residents. Commissioner Rogan stated the road has no shoulders and those people using the nearby open space will also be on the road. 6 Berlin Planning and Zoning Commission Meeting Minutes—August 22, 2019 Chairwoman Veley stated those who live in the area know the area best and should have an opportunity to speak at a public hearing. Commissioner Jorsey stated the five acres should be contiguous and not being so leaves the potential for irregular development which is problematic. No recreational use is included in the amendment which would cause reliance on town and adjoining recreational properties. The current maximum height is 35 feet, not the proposed 50 feet. Commissioner Jorsey stated affordable housing is not a problem, but the density, scale and scope of the amendment are. There is a quality of life issue, an impact on traffic and infrastructure, and there is no gage to determine if services are sufficient. Commissioner Holtman stated concern for the infrastructure with the proposed density and it is not in the best interest of the town. Commissioner Zigmont stated a concern for using water from a nearby water tank which could create a safety concern for East Berlin. Commissioner Jorsey stated a concern for the road width and the location of four buildings, 20 feet off the street, with no sidewalks. Chairwoman Veley stated the amendment would allow a 20 foot setback off the road and a 5' balcony, which would bring a person 15 foot close to the road and would be unsafe. Commissioner Zigmont stated the town owned property has walking trails and wildlife and could become a recreational area, not a passive area, and create more impact. Chairwoman Veley stated she does not see the calculation for 1.5 parking spaces as working and could see the probability for parking on the street. Mr. Kozikowski stated Berlin has a workforce housing zone, neighborhood affordable housing in place since the 1990's, and a recently adopted floating zone the Berlin Turnpike for denser development. Commissioner Zigmont stated Berlin is a forerunner of affordable housing. Mr. Kozikowski stated potential affordable units include 50 age restricted units proposed by the Berlin Housing Authority; a Berlin Turnpike zone has been approved with a project in mind for development which may have 50 units; and according to the 2018 Affordable Housing Appeals List Berlin was 63 units short of meeting its Section 8-30 goal of ten percent. He stated affordable housing has been one of his priorities since his employment as Town Planner in 2018. Commissioner Jorsey suggested staff prepare a motion for the commission's consideration. 7 Berlin Planning and Zoning Commission Meeting Minutes—August 22, 2019 Chairwoman Veley stated the commissioners have stated concerns for traffic, safety and quality of life issues. She asked if the commissioners if they were in agreement with Commissioner Jorsey's statement. Chairwoman Jorsey and all seated commissioners stated their agreement. Chairwoman Veley stated their discussion shows apparent concerns. Commissioners Biella, Holtman, Jorsey, Rogan, and Zigmont agreed. Commissioner Zigmont moved to continue the discussion at the September 5, 2019 meeting. Commissioner Jorsey seconded the motion which carried unanimously. f. Map Amendment application of Rio Vista Associates LLC to rezone 13 lots, Map 22-4, Block 155, Lots 1-8 and Map 23-1, Block155, Lots 9-13, on Atkins Street from the R-43 zone to the proposed ARPD zone on the Berlin Zoning Map (Must decide by September 14, 2019) Commissioner Zigmont moved to continue the discussion at the September 5, 2019 meeting. Commissioner Rogan seconded the motion which carried unanimously. VIII Commissioner Comments IX Discussion of Scheduling Special Meeting A Special Meeting may be scheduled after the September 5, 2019 if necessary. X Adjournment The meeting adjourned at 9:35 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary mi'ORU R°-rt as , ._n,. 29 PM 3: 35 ,/,,��/� 8 . 1 .CT.