2021-09-20TOWN OF BERLIN
PLANNING AND ZONING COMMISSION
SPECIAL MEETING MINUTES — SEPTEMBER 20, 2021
Call to Order
The Town of Berlin, CT Planning and Zoning Commission held a Special Meeting with a Public
Hearing by remote video conference call on Monday, September 20, 2021. The meeting was
called to order at 7:05 p.m.
Present
Chairwoman Joan Veley
Commissioners Diane Jorsey; Steve Rogan; Steve Wollman; Timothy Zigmont
Alternate Commissioners Steve Biella, Jr.; Andrew Legnani (seated); Peter Zarabozzo (seated)
Maureen Giusti, AICP, Acting Town Planner
Excused
Commissoners George Millerd; Jon Michael O'Brien
II Review of Minutes
a. September 2, 2021 Regular Meeting
Commissioner Jorsey moved to approve the minutes, as presented.
Commissioner Legnani seconded the motion which carried unanimously.
III Schedule Public Hearings
a. Special Permit/Site Plan Applications of Brandon Buchanan, Artisan Building
& Remodeling, to locate his business activities, office, and showroom area at 230
Deming Road
Suggested Date: October 21, 2021
Commissioner Jorsey moved to schedule the public hearing for October 21, 2021.
Commissioner Wollman seconded the motion which carried unanimously.
b. Proposed Amendment to the Berlin Zoning Regulations of Kevin Kolstad,
Property Development and Facilities Manager, Enterprise Holdings to add a
new Section VLA.3.s. (Private transportation or auto rental services)
Suggested Date: October 21, 2021
Commissioner Jorsey moved to schedule the public hearing for October 21, 2021.
Commissioner Rogan seconded the motion which carried unanimously.
Berlin Planning and Zoning Commission Special Meeting Minutes — September 20, 2021
IV Public Hearing
a. Proposed Amendment of Maureen Giusti, AICP, Acting Town Planner, to amend
§X.B.4.£ of the Berlin Zoning Regulations regarding_ tpiration of earth
removal permits
Ms. Giusti stated some changes have been made to state legislation with regard to land use
applications to change a time line. There are inconsistencies in some sections of Berlin's
regulations. Site plan and subdivision proposals had expired at five years, plus extensions.
Excavation permits expire at two years, (with extensions to a total of six years) after a bond has
been submitted, whether there was activity or not. Recent legislation allows for a total up to
nineteen years and results in a greater disparity for a total time for excavation to complete a
project. The Conservation Commission has suggested a reasonable adjustment to ten years,
instead of six years. Instead of coinciding with statutes, the Planning and Zoning Commission
can determine appropriate time lines.
Ms. Giusti stated the Conservation Commission has concerns with allowing a "carte blanche" for
nineteen years and suggested the applicant could come back to the commission for renewals of
the permit to address any technological or environmental rules.
Chairwoman Veley recalled an excavation project that lasted many years and caused numerous
safety concerns.
Commissioner Jorsey stated additional language should be added that would mandate the
permittee to secure the site from trespassing.
Chairwoman Veley agreed that language to require the site's being made secure from a hazard or
eyesore should be added.
Ms. Giusti stated language for securing the site is stated in other sections of the regulations.
Commissioner Rogan stated the proposal will adjust the inconsistency with Berlin's regulations;
however, the commission shouldn't make changes that are too restrictive and may discourage
business.
Commissioner Wollman stated staff can monitor site work for an excavation and the applicant
shouldn't have to return to the commission for extensions.
Commissioner Zarabozzo and Commissioner Legnani concurred with Commissioner Wollman's
opinion.
Commissioner Wollman stated requirements that are already stated in other sections of the
regulations do not need to be added.
Berlin Planning and Zoning Commission Special Meeting Minutes — September 20, 2021
Ms. Giusti stated this regulation concerns time line and expiration requirements. She noted there
have been projects that have lasted longer than permitted, including Beckley Farms, Depot
Crossing, and Silver Island.
Commissioner Jorsey stated her opinion the ten-year mark is a good time to have the applicant
come back to the Planning and Zoning Commission and before that time, the Town Planner's
Department can monitor the project. She stated a concern would be if there is a turnover in staff
within the ten or twenty year period. She questioned who would issue an order for a violation
for failing to comply with safety regulations — the Planner or the commission.
Ms. Giusti stated the zoning officer can issue an order with regard to soil erosion controls, as
stated in several places in the regulations.
Commissioner Zigmont stated the amendment should state that the zoning officer should review
the application every number of years. He stated the ten years is preferable to the nineteen years.
Language modifications were reviewd.
Commissioners Wollman, Rogan, Zarabozzo, and Legnani agreed ten years is a preferable time
limit.
Commissioner Jorsey stated discussion at this point was limited to one portion, the subdivision
aspect. She stated it should only be the zoning department that assumes the responsibility of
inspection.
Commissioner Rogan stated he agrees that the zoning department has the ultimate responsibility
for inspection; however, other departments may be on site and observe a violation to report.
Ms. Giusti read the portion of the existing regulations that require regular updates regarded
excavation.
Speaker
Mr. Carl Ciarcia, 2326 Berlin Turnpike, questioned the timing of what would be considered the
start date for the excavation of a site.
Ms. Giusti responded the project clock starts with the approval; however, the excavation permit
clock starts with submission of the bond relating to the excavation which may be some time
before the shovel hits the ground.
Commissioner Wollman moved to close the public hearing.
Commissioner Rogan seconded the motion which carried unanimously.
V Old Business
Berlin Planning and Zoning Commission Special Meeting Minutes — September 20, 2021
a. Proposed Amendment of Maureen Giusti, AICP, Acting Town Planner, to amend
§X.B.4.f. of the Berlin Zoning Regulations
Commissioner Wollman moved to approve the amendment, as written and modified during this
public hearing.
Commissioner Zarabozo seconded the motion.
Discussion
Commissioner Jorsey stated the amendment should that zoning staff has the responsibility for
biennial review for renewal or extension for the 10 year period.
Commissioner Wollman amended his motion to include that statement.
Commissioner Zarabozo amended his second.
Ms. Giusti polled the commission.
Voting AYE: Commissioners Jorsey; Zigmont; Rogan; Veley; Wollman; Zarabozzo; Legnani
VI Adjournment
Commissioner Legnani moved to adjourn the meeting.
Commissioner Jorsey seconded the motion which carried unanimously.
The time was 8:17 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary
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