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
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Dance will be set up on high school property south of the tennis courts on October 16. Town
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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.
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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
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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
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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.
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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
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