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2021-10-07 BERLIN PLANNING AND ZONING COMMISSION MEETING MINUTES OCTOBER 7, 2021 I Call to Order The Town of Berlin, CT Planning and Zoning Commission held a Regular Meeting in-person and by remote video conference call on Thursday, October 7, 2021, at 7:00 p.m. In attendance Chairwoman Joan Veley Commissioners Diane Jorsey; George Millerd; Brian Rogan; Steve Wollman Alternate Commissioners Steve Biella, Jr; Andrew Legnani (seated); Peter Zarabozo (seated) Acting Town Planner Maureen Giusti, AICP Town Counsel Jennifer Coppola Excused Commissioners Jon-Michael Obrien; Timothy Zigmont II Review of Minutes a. September 20, 2021 Special Meeting Commissioner Jorsey moved to approve the minutes, as presented. Commissioner Rogan seconded the motion which carried unanimously. III Commission Business a. Discussion of Berlin High School Special Event – October 23, 2021 Mr. John Schmaltz, Security, Safety and Residency Director, stated the tent for the Homecoming th Dance will be set up on high school property south of the tennis courts on October 16. Town th inspections will be done prior to the event and the tent will be removed on October 24. The event will take place outdoors this year due to the Covid pandemic. Music will stop at 9:00 p.m. and the principal has made it clear the event will end on schedule. Lighting from the tennis and basketball courts will be operating on a normal time schedule. Approximately seventeen school staff members, five to six security officers from the school, and police coverage as mandated by the Police Department will monitor the event. Commissioner Jorsey moved to approve the Special Event, as described and subject to staff comments. Commissioner Millerd seconded the motion. The motion carried unanimously. Berlin Planning and Zoning Commission Meeting Minutes – October 7, 2021 b. Façade Application of CVN Rental LLC at 1011 Farmington Avenue Mr. Chris Edge, Economic Development Director, Town of Berlin, stated Mr. Chris Gorski, the applicant, had previously been before the Planning and Zoning Commission to discuss design ideas for the building. The Economic Development Commission has approved Mr. Gorski’s request for just over $6,000 for windows, doors, and stone. His real estate and insurance business will move into the building. Mr. Chris Gorski stated plans are moving forward and the improvement should be completed by mid to late November. Commissioner Wollman moved to approve the application. Commissioner Legnani seconded the motion. The motion carried unanimously. c. Discussion of administrative approval for a fence, Somewhere Over the Spectrum, 120 Webster Square Road (Stick Village) Alyssa Greig and Courtney Welsh, owners of Somewhere Over the Spectrum, joined the meeting remotely. Ms. Greig stated the business is a pediatric therapy center and the construction of a 24’ x 48’ fence adjacent to their business would be used as an outdoor treatment place. It would provide a safe environment for the children and there is a one to one ratio for supervision. Parents leave their children in their care and sometimes the parents stay to observe their child or stay for parent training. Their business is not a school but a therapy practice. Ms. Giusti stated their business has replaced Pro Natural Health which is a “like for like” business. She stated the fencing is to be installed at the property line and is consistent with other screening on the site. Commissioner Jorsey asked if this approval will set a precedent. Ms. Giusti stated a request for a fence at a business would need to come before the Planning and Zoning Commission. Commissioner Rogan stated the request should be approached as a site plan amendment. Ms. Greig stated they have the property owner’s permission for the fence. Chairwoman Veley asked if the fence would remain should the business move. Ms. Giusti stated the commission could put a condition on the approval. 2 Berlin Planning and Zoning Commission Meeting Minutes – October 7, 2021 In response to Chairwoman Veley’s question, Ms. Greig stated the structures inside the fence will be natural wood outdoor equipment, such as a picnic table, and not traditional playground equipment. Commissioner Rogan moved to approve the application as a site plan amendment with the conditions if the use should change, the applicant will come back to the commission regarding the fence, and staff comments. Commissioner Legnani seconded the motion. There were no opposing votes. The motion carried unanimously. d. Discussion request of J. Torello, Architect and Planner, regarding 1427 Berlin Turnpike, MC Barber per §XIII.3b. pre-application Mr. John Torello stated he has been an architect and planner since 1962 and has been retained by the owners of MC Barber for the structural repair work to be done at the site. He stated the site plan and special permit approvals were considered by the commission at the same time. The plan that was submitted to allow the barber academy and the foundation was there. The front part of the building is allowed as a barber shop. The larger, rear section was intended to be constructed, but the owners wanted to move in and start occupying the building. The approval that was given was for a use that is not being used until the rear portion of the building is built. The intent was to do the work in phases and although he had received help from both the Building Department and Economic Development, there may have been a miscommunication as to how the work was to progress. The “first phase” was completed and a Certificate of Occupancy issued. The property owners purchased a storage container rather than rent one as their plan was to buy materials to store inside it as they obtained them for completion of the back half of the building. There was a zoning officer’s action taken due to illegal sign on the container and the sign has been eliminated. Mr. Torello stated he is in the process of designing the rear section of the building. The section of the zoning regulations used to justify the Cease and Desist order is based on something that is a hazard to the public. They have an application before the Zoning Board of Appeals to appeal the zoning officer’s decision. In the meantime, they have taken a permit to work on the foundation at the back of the building to determine what needs to be done. The owners would prefer not to move the container and then have to relocate it again. Construction is ongoing. He stated they want the commission to know they will comply with requirements going forward and since they own the container and, based on discussions with staff, will add it to a site plan to retain it for a permanent accessory building with appropriate screening for storage and submit the application to the commission. They will be going to the Zoning Board of Appeals to see what needs to be done to resolve an unusual situation. Ms. Giusti stated she would respectfully disagree with some of Mr. Torello’s presentation. She stated site plan approval by the Planning and Zoning Commission will be required for a future addition on the foundation. The change of use also prompted their coming to the Planning and Zoning Commission, noting special permit and site plans “walk hand in hand” and it is not an unusual process to follow. She stated her recollection that the commission did recognize there was a container on site and, regardless of the signage, was considered a storage container and 3 Berlin Planning and Zoning Commission Meeting Minutes – October 7, 2021 would be removed when the Certificate of Occupancy was issued. She stated both she and Adam Levitus, the Zoning Officer at that time, had spoken with them on several occasions until the Certificate of Occupancy was issued. A site plan is needed as the next step. The pending appeal to the Zoning Board of Appeals stays the order until decided. There is no pending application for an addition to the building at this time which eliminates room for interpretation that the container is a construction trailer. Commissioner Millerd stated although he approves of the business, the container is an eyesore and although the sign on the container has been painted over, it is a “bad paint job” and looks like graffiti. A painted barber pole is still on the container. Mr. Cecunjanin stated this is the first time his brother has been a business owner and he was unaware of what permits he needed. He stated he and his brother’s goal was to have an academy and barber shop and create jobs. Mr. Torelloo stated they will go forward with the ZBA appeal; there is a permit for work on the foundation now; and they will submit a site plan application to the Planning and Zoning Commission. He said it has always been their intent to complete the entire building. Ms. Giusti stated for the record that as Mr. Torello stated, they had obtained help from the Economic Development and Building Departments, but both she and Mr. Levitus (Zoning Officer at that time) had worked very hard with the applicants. She stated they and the Planning and Zoning Commission, as well, were very accommodating. She stated the Zoning Board of Appeals is charged to determine if the Cease and Desist Order was correct, not look for a resolution. e. Discussion of and action on proposed “Vegetative Buffer Restoration Plan” prepared for the property of Commerce Street Holdings, LLC at 30-36 and 86 Commerce Street, Berlin, CT by To Design, New Britain, CT, revised through September 21, 2021 Attorney Jennifer Coppola stated there has been discussion for a long period of time for restoration of the buffer. There had been an attempt to get a new tenant and ultimately that application was denied. Another anticipated business was to have moved onto the property and that business did not locate on the site. There have been various drafts of the buffer’s plan. At this time the plan is ready for the commission’s review and signoff. There is a pending ZBA action concerning an enforcement action by Ms. Giusti. Attorney Coppola stated she has drafted a Stipulation of Judgment to resolve the litigation and if the commission acts positively on the plan, it will go onto the Zoning Board of Appeals for its meeting this month. Public comment will be allowed. It will then proceed to court to fully settle the matter. Ms. Giusti stated they had worked through several iterations of the plan with assistance and stated her approval of the buffer restoration plan before the commission. The plantings are 4 Berlin Planning and Zoning Commission Meeting Minutes – October 7, 2021 varied, and notes have been made on the plan to not remove current buffering. At this time of year, the planting may have to be moved to the Spring. Commissioner Jorsey stated there should be a mandatory time frame stated to replace any failing plants and cables used to prop young trees need to be removed once the trees are established. Attorney Coppola suggested a motion to include Ms. Giusti’s staff comments, cabling of trees, bonding, and maintenance of the buffer per regulations. Commissioner Wollman made a motion to approve the plan subject to staff comments and installation and maintenance notes and bonding. Commissioner Legnani seconded the motion which carried unanimously. IV Public Hearing a. Proposed amendment to Section VII.F.2.b. of the Berlin Zoning Regulations concerning greenhouses, Attorney Brad N. Mondschei Commissioner Rogan read the Call of the Hearing. Attorney Mondschein joined the meeting in person. He stated his appreciation for the help he had received from both Maureen Giusti and Chris Edge. He stated staff comments have been received and in order to review those comments and possibly amend his proposal, Attorney Mondschein asked for an extension. Ms. Giusti noted as the public hearing had been opened at this meeting, it would need to close within 35 days unless an extension was initiated to allow more time. This had been discussed with Attorney Mondschein prior to his request at this meeting. Commissioner Rogan moved to continue the public hearing to the October 21, 2021 meeting. Commissioner Wollman seconded the motion. There were no opposing votes. The motion carried unanimously. V Old Business a. Proposed amendment to Section VII.F.2.b. of the Berlin Zoning Regulations concerning greenhouses, Attorney Brad N. Mondschein The public hearing has been continued to the October 21, 2021 meeting. No discussion or action taken. VI Executive Session Commissioner Wollman was excused. 5 Berlin Planning and Zoning Commission Meeting Minutes – October 7, 2021 Commissioner Legnani moved to go into Executive Session for the following agenda items, inviting Ms. Giusti and Attorney Coppola. Commissioner Rogan seconded the motion which carried unanimously. A. Discuss the status of the pending litigation of Rio Vista Associates, LLC v. Berlin Planning & Zoning Commission and Town of Berlin, and possible action relating to same. B. Consider whether to convene in executive session to discuss the status of the pending litigation of Rio Vista Associates, LLC v. Berlin Planning & Zoning Commission and Town of Berlin. At 8:58 p.m. Commissioner Rogan made a motion to come out of Executive Session. Commissioner Millerd seconded the motion which carried unanimously. VII Adjournment Commissioner Rogan moved to adjourn. Commissioner Millerd seconded the motion which carried unanimously. The time was 9:00 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 6