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2019-11-07 Berlin Planning and Zoning Commission Regular Meeting Minutes—November 7,2019 I Call to Order The Berlin Planning and Zoning Commission held a Regular Meeting on November 7, 2019 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 Chairwoman Joan Veley Commissioners Curtis Holtman, Diane Jorsey, Brian Rogan, Steve Wollman Alternate Steven Biella, Jr. (arrived at the meeting at 7:08 p.m. and was seated) Acting Town Planner/Zoning Enforcement Officer Maureen Giusti Excused Commissioners Jon-Michael O'Brien and Timothy Zigmont II Approval of Minutes a. Regular Meetin�—October 3, 2019 Commissioner Rogan moved to approve the minutes, as presented. Commissioner Jorsey seconded the motion which carried unanimously. III Schedule Public Hearing a. Zone Change A�plication of Attorney Richard Pentore on behalf of the Shuttle Meadow Country Club, Inc. to change the zone of a portion of Lot 1, Block, 10, West Lane and the property known as Lot 93, Block 10, Wigwam Road from R-43 to PR-2 Szcggested Date: December 19, 2019 Commissioner Wollman moved to schedule the public hearing for December 19, 2019. Commissioner Jorsey seconded the motion which carried unanimously. IV Requests for Bond Reductions/Releases a. Request of Vincent Brescia for a bond release, Christian Lane Industrial Park, Phase 5, 205 Christian Lane Ms. Giusti stated a Certificate of Occupancy was issued on July 30, 2019. A recent site inspection by Deputy Director of Public Works Jim Horbal showed the site to be stable. Mr. Horbal has recommended the release of the Erosion and Sedimentation bond of$7,260.00. She stated there is an additional $990 bond for landscaping which is not part of this request at this time, and that bond will remain in place as required. Commissioner Wollman moved to release the $7,260.00 Erosion and Sedimentation bond. Commissioner Holtman seconded the motion which carried unanimously. Berlin Planning and Zoning Commission Meeting Minutes—November 7, 2019 b. Request of Thomas Coccomo, Southin�ton Road Associates, for a bond reduction, Christo�her WaX Ms. Giusti stated she has been emailing with the applicant regarding pending issues with the subdivision. She summarized an email from Deputy Director of Public Works Jim Horbal which stated the bond presently retained has a value of 25% of the Public Improvements bond for the subdivision, and his recent site inspection shows several outstanding improvements, including street lights and the fire protection water holding tank. Ms. Giusti stated in accordance with §40:04 of the Berlin Subdivision Regulations the 25%bond must remain in place until all improvements have been accepted by the town. Commissioner Jorsey moved to deny the request for a bond reduction. Commissioner Rogan seconded the motion which carried unanimously. V Commission Business a. Request of Carl Ciarcia for a two-year extension for his excavation permit at Lot 1-1 throu�h Lot 1-7, Block 72, Kensington Road Ms. Giusti stated Mr. Ciarcia has sent an email stating is unable to attend this meeting. She stated a permit for the excavation was approved on December 17, 2015 with an expiration date of December 17, 2017. A two-year extension was approved November 16, 2017. The excavation permit is scheduled to expire on December 17, 2019. Ms. Giusti stated a second, final extension is allowed in accordance with zoning regulations. She stated Mr. Ciarcia also stated in his email that no work has begun on the site. She stated there are no outstanding issues and no staff objection to allowing the extension. Commissioner Jorsey moved to approve the second, final extension which will expire on December 17, 2021. Commissioner Wollman seconded the motion which carried unanimously. Mr. Biella arrived at the meeting at this time and was seated. b. Discussion of Certificate of Zoning Compliance for"Loun�e 34", 126 Mill Street Ms. Giusti stated usually a"like for like"use for zoning compliance is handled administratively; however, the name "Lounge"flagged a concern. She stated she would like the commission's opinion for the record that the use is the same. She stated the former use was a cigar shop with a smoking area. She stated the new tenant will have a 70%tobacco/accessory use with a 30% seating area. 2 Berlin Planning and Zoning Commission Meeting Minutes—November 7, 2019 The consensus of the commission is the use is "like for like"use and may be handled administratively. c. Discussion of Certificate of Zoning Compliance for a New or Relocated business, JMB Plumbing LLC, 60 Chamberlain Hi�hway Ms. Giusti stated she is not comfortable with the request for a Certificate of Zoning Compliance and is requesting the commission's opinion if the type of business is consistent with the site's former use of Carlton's. Mr. Chris Ed�e, Director of Economic Development, stated the former Carlton's site on the . Chamberlain Highway has been vacant for five or six years and has had several owners. JMB Phunbing LLC is owned by a life-long Berlin resident who would like to move his business from Farmington Avenue to the Carlton's site. He stated the use is similar to Carlton's as it has a showroom and design center. He stated JMB Plumbing is interested in investing in improving the interior and exterior of the building. Mrs. Giusti asked if JMB Plumbing should be considered a contractor or retail use, noting trucks will be parking on the site. She stated she would want the commission's opinion on the record and if it is determined to be a like for like use, it can be handled administratively. However, she does not want to set the precedent for the commercial zones when a contractor's business is a provision in the regulations in certain places. It was the consensus of the commissioners that the use is "like for like" and may be handled administratively. VI Public Hearings Commissioner Rogan read the Call of the Hearings. a. Special Permit/Site Plan Amendment Applications of Shawn Chaudharv, Tri State Realtv Group, LLC, for a Chan�e of Use from manufacturin tg o an automobile dealer at 60 Woodlawn Road in the BT-1 zone Ms. Giusti clarified the address. The entire site is identified as 60 Woodlawn Road and the space for this application is the westerly tenant space which is numbered 74. The automotive use needs a location approval from the ZBA and their next meeting is November 26th. The Planning and Zoning Commission has to determine the amount of parking required as an automotive use and will then provide an indication to the Zoning Board of Appeals who will look at criteria in the automotive uses regulations to establish the maximum sales/cars parking. Mr. Shawn Chaudhary stated the business is for the sale of vehicles with limited repair on site for 3 Berlin Planning and Zoning Commission Meeting Minutes—November 7, 2019 only those cars which are to be sold. The entire property is approximately 12,000 s.f. and half of the site is Tri State Testing Laboratory; #72 is unoccupied; and#74 will be the used car dealership. There will be minor repairs and oil changes performed and an area for tools and parts area; one bay area for three vehicles; a customer area; and an office space for paperwork. The entire site has 61,000 s.f. with 23,400 s.f. for the used car dealership. There are 31 parking spaces; 21 will be used for the vehicles; 3 are for the single bay; 3 spaces will be for employees— an operations manager, a sales manager, and a mechanic; 4 spaces will be for customer parking. The business with the testing laboratory has 12 spaces; and#72 has six spaces. He stated the use is not a typical garage as the repairs are done only on vehicles which are for sale. Ms. Giusti stated the commission is providing only an indication,not a formal vote, to the Zoning Board of Appeals of the maximum potential saleable vehicles. The site plan will return for the Commission's decision procedurally after the ZBA decision. Mr. Chris Ed�e, Director of Economic Development, spoke in favor of the applications. Commissioner Wollman moved to continue the public hearing. Commissioner Jorsey seconded the motion which carried unanimously. Commissioner Rogan moved to combine Items b. and c. Commissioner Jorsey seconded the motion which carried unanimously. b. Resubdivision Application of Horbal Acres Resubdivision for two proposed lots at Lot 76B, Block 91, 971 Norton Road in the R-21 zone c. S�ecial Permit A�plication with site plan of Horbal Acres Resubdivision far a rear lot at Lot 76F, Block 91, 971 Norton Road in the R-21 zone Mr. James Horbal, 30 Wildem Road, stated Bonnie Horbal and Linda and David Miga, co- owners of the property, were also present. He stated Lot 76 was created as a farm parcel in the 1900's; a portion was subdivided to three residential lots in the mid 1950's; since 1970's several other lots were established; and in the 1990's lot line adjustments were done. A ranch style house is located on Lot 76. The proposed rear lot will be in excess of one acre as required by the zoning regulations for a rear lot in an R-21 zone. Public water and sewer are available and utilities will be underground. Access easements to the rear lot are in place and a hedge row of very mature arborvitae will be maintained by the applicants. Two waivers are being requested— one for open space and one for sidewalks. He stated the subdivision regulations may allow a waiver of the open space if the subdivision is less than four lots; the overall area must be less than six times the underlying zone of two acres in the R-21 zone; or the subdivision must be less than 2-1/2 acres. A waiver of the sidewalks may be waived if the existing sidewalks are greater than 500' from the existing site; or the subdivision has less than four lots. If sidewalks were to be constructed to the east, there are large, mature cedar trees on Norton Road. An Inland Wetlands permit would be required; as would a permit to fill floodplain; and a permit to allow sidewalks within floodway. He stated as a town employee for over 33 years and having been involved in various sidewalk committees, construction of sidewalks on the northerly side of 4 Berlin Planning and Zoning Commission Meeting Minutes—November 7, 2019 Norton Road has never been discussed. Mr. David Miga(co-owner of the propertv), 73 Cross Creek Drive, stated his agreement with Mr. Horbal's presentation. Ms. Giusti reviewed her staff comments: 1. A decision regarding the request to waive open space is required. 2. A decision regarding the request to waive sidewalks is required. 3. Prior to issuance of a Certificate of Occupancy, confirmation that the driveway access has been improved in accordance with Berlin Subdivision Regulations §53:07 and the Fire Marshall's comments. 4. The zoning chart on the site plan be corrected prior to filing the re-subdivision plan to reflect corrected proposed street frontage. 5. The easterly side setback of the rear lot be corrected on the plans prior to filing. J She stated as part of the re-subdivision and special permit applications,the rear lot must have a site specific location for a home built on that lot. The proposal calls for the front of the house to be aligned with the house at 951 Norton Road. She further clarified that 951 Norton Road was established prior to the current regulations and is non-conforming with 65' frontage. The new , rear lot will be situated behind it. Mr. Horbal stated for the record that a soil scientist had been hired and his survey states there are � no wetlands on the property. The report is included in the record. Ms. Giusti stated the Fire Marshal has submitted a comment that the rear lot access will comply with subdivision regulations—a minimum of 12' wide driveway and 3' wide compacted shoulder. The Health Department, Police Chief, Conservation Commission, Building Official, Berlin Water Control, and Town Engineer had all submitted a comment of"no comment" after their review of the applications. Commissioner Rogan moved to close the public hearing. Commissioner Jorsey seconded the motion which carried unanimously. VII Old Susiness a. Special Permit/Site Plan Amendment Applications of Shawn Chaudhary, Tri State Realt�p, LLC, for a Change of Use from manufacturing to an automobile dealer at 60 Woodlawn Road in the BT-1 zone No action taken. Continued to the November 21, 2019 meeting. b. Resubdivision Application of Horbal Acres Resubdivision for two proposed lots at Lot 76B, Block 91, 971 Norton Road in the R-21 zone c. Special Permit Application with site plan of Horbal Acres Resubdivision for a 5 Berlin Planning and Zoning Commission Meeting Minutes—November 7, 2019 rear lot at Lot 76F, Block 91, 971 Norton Road in the R-21 zone Request for Waiver of Sidewalks Commissioner Wollman moved to approve the request for a waiver of sidewalks. Commissioner Holtman seconded the motion which carried unanimously. Request for a waiver of Open Space - Commissioner Rogan moved to approve the request for a waiver of open space. Commissioner Holtman seconded the motion which carried five in favor to one opposed. Voting in favor: Biella, Holtman, Rogan, Wollman,Veley Voting in opposition: Jorsey Re-subdivision and Special Permit Applications with Site Plan Commissioner Wollman move to approve the applications, subject to the condition that all staff comments will be addressed. Commissioner Biella seconded the motion which carried five in favor to one opposed. Voting in favor: Biella, Holtman, Rogan, Wollman, Veley Voting in opposition: Jorsey VIII Commissioner Comments Ms. Giusti reviewed various items: • The holiday event on November 30�'has been moved to Main Street • She asked for the commission's interpretation regarding the catering use of a deli in East Berlin. It was determined the former tenant had done substantial catering. • The applicant has been working with the town regarding changes to the drainage for the Newport Realty project on Farmington Avenue as a result of State criteria. • ' The pending text amendment application regarding car washes is nearing statutory deadlines. Staff understands it may be withdrawn by the applicant. • There was discussion of outside storage in the Planned Industrial zone. The Commission expressed that any proposed amendments to the Regulations should include at minimum substantial setbacks and screening to residential areas if outdoor storage was to be considered. � IX Adjournment Commissioner Biella moved to adjourn. Commissioner Jorsey seconded the motion which carried unanimously. The time was 8:28 p.m. Respectfully submitted, ���� �� r ��� � �?� �'�F� ;;��`��� � ���a3_: s`'�i��€� �� ��t: _ �, ��3> C?4sf.°f � �J i��'l i• ! � Frances M. Semnoski � Q E� Recording Secretary ,���,—F.r,�,'.�,���t.!,�g� +""'' ,��.c,� 6 � . ��`��hil9�~�