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2021-11-04 Planning and Zoning Commission Meeting Minutes – November 4, 2021 Berlin Planning and Zoning Commission Meeting Minutes – November 4, 2021 I Call to Order The Berlin Planning and Zoning Commission held a Regular Meeting in-person and by remote video conference call on Thursday, November 4, 2021. The meeting was called to order at 7:00 p.m. Chairwoman Joan Veley Commissioners Sandra Coppola; Diane Jorsey; Brian Rogan; Steve Wollman; Timothy Zigmont Alternate Commissioners Steve Biella, Jr; Andrew Legnani; Peter Zarabozo (seated) Acting Town Planner Maureen Giusti, AICP Excused Commissioners Jon-Michael Obrien II Review of Minutes a. October 21, 2021 Commissioner Wollman moved to approve the minutes, as presented. Commissioner Jorsey seconded the motion which carried unanimously. III Schedule Public Hearing a. Special Permit/Site Plan Amendment Applications of 1897 for Alta Equipment for a construction equipment dealer use per Berlin Zoning Regulations §VI.G.3.w. and related site improvements at 1897 Berlin Turnpike. Suggested Date: November 18, 2021 Commissioner Jorsey moved to schedule the public hearing for November 18, 2021. Commissioner Wollman seconded the motion which carried unanimously. IV New Business a. Request of Carl Ciarcia for an extension to an issued Excavation Permit at Lots 1-7, Block 72, Kensington Road per Berlin Zoning Regulations §X.B.4.f. Commissioner Wollman recused himself for this application. Commissioner Legnani was seated. Ms. Giusti stated recent legislation has extended approval times and the commission has recently approved a zoning amendment to allow alignment with project approvals. Mr. Ciarica’s request relates to his approved subdivision which has received an extension to 2025. 1 Berlin Planning and Zoning Commission Meeting Minutes – November 4, 2021 Commissioner Zigmont moved to approve the request for extension of the excavation permit to December 17, 2025. The motion was seconded by Commissioner Rogan. Discussion Mr. Carl Ciarcia, 2326 Berlin Turnpike, stated excavation work has not begun. Ms. Giusti stated, if approved, the extension would have the same conditions and requirements of the original approval, unless laws change. The motion carried unanimously. Commissioner Legnani relinquished his seat. Commissioner Wollman was reseated. IV Commission Business a. Discussion of zoning requirements for an automated car wash business in the Berlin Turnpike 1 zone Mr. Chris Edge, Director of Economic Development, stated he had spoken to the commission about this matter in the past. He stated car wash facilities have become “high end” businesses and technology has changed. Concerning a particular property for a potential location, he described the site as being very visible site and abuts residential property in the rear and the BT1 zone on both sides. Ms. Giusti stated the zoning regulations have an asterisk next to car washes that states two acres are required. Mr. Edge stated with current technology, two acres are not required and the potential site has one and a half acres. He stated the 50-foot setback makes development difficult and adding a 20 foot state right of way to that requirement adds to the difficulty. Commissioners Zigmont stated the importance of maintaining the setbacks for abutting residential uses. Commissioner Rogan stated the same concern for the setbacks for the rear portion of a site. Commissioner Wollman stated he would consider changing the setbacks; however, he would not change the setback for the rear portion of a site. Mr. Edge stated his appreciation for the commissioners’ comments. 2 Berlin Planning and Zoning Commission Meeting Minutes – November 4, 2021 VI Public Hearing a. Proposed amendment to Section VII.F.2.b. of the Berlin Zoning Regulations concerning greenhouses, Attorney Brad N. Mondschein (Continued from October 21, 2021) Commissioner Coppola recused herself for this application. Commissioners Biella, Jr. and Legnani were seated. Commissioner Rogan stated “eco-friendly” greenhouses operate with natural light; this proposed amendment shows natural light only for growing the products, not for the operation of the business. Specific language for water usage per year per ten acres is needed. He stated the setback of 200 feet is needed to protect Chamberlain Highway’s scenic vistas. Commissioner Jorsey stated concern for the lighting for the exterior and parking lot; for the scenic vistas of the Chamberlain Highway which the Plan of Conservation and Development calls for the preservation of those vistas; impervious surfaces; the height of the structures; and prime soil that is going to be covered over. Commissioner Zigmont stated a concern for the proposed reductions for the front and rear setbacks. Speaker Lorraine Stub, 2270 Chamberlain Highway, stated she is a 36 year resident of Berlin and an advocate for local history and preservation. She noted the Plan of Conservation and Development stresses the importance of preserving scenic vistas, including the trap rock ridges and views along the Chamberlain Highway. She stated she is a proponent of organic food and sustainable farming. She stated she went to Guilford to see the applicant’s current, comparable business. In Guilford, the greenhouses cannot be seen from the main road, and they are approximately 26 feet tall. She stated during this applicant’s presentation specifications have been stated as relating to the Guilford operation although this proposed amendment would allow a bigger operation as there are 19 acres. She stated the amendment would “forever change the scenic vista” and would allow a “plexi-glass city” in South Kensington. Attorney Mondschein stated the 40 foot landscape buffer language is the same as in the current zoning regulations. The exterior lighting regulations are the same as the current POD regulations. The applicant would not object to the non-use of light for growing. The only issue with that requirement would be the inability to grow tomatoes – cucumber and lettuce don’t require the heat from the light, noting this would not affect their proposal, but the regulation was written to include other potential greenhouse farmers. Regarding water usage, there are two issues – one is they do not want concerns about the aquifer and the second is how much a well can pump. They use green water capturing technology, using silos or a rainwater pond to capture rainwater. Putting a limitation of an “eco-friendly” greenhouse would not be an issue for them. Regarding the setback of 200 feet, setbacks limit development of a site. Regarding the setback of 200 feet, Attorney Mondschein stated they had envisioned multiple lots to be combined into a 3 Berlin Planning and Zoning Commission Meeting Minutes – November 4, 2021 large lot and that was the reasoning for the 70 foot setback. The minimum side yard of 40 feet was to keep in compliance with the required buffer. Regarding the impervious surface, after speaking with Ms. Giusti and determining gravel could be used, the coverage can be reduced to 70 percent. He stated they had also discussed trees to be used in the screening of the site which would not be a problem for them. Ms. Giusti stated trees in the buffer would mitigate the size of the greenhouse. Attorney Mondschein stated hayfields are “more of a hobby, not a business” and asked what would happen to the property when farmers no long wanted to farm their land. He stated the amendment would keep the characteristic of farmland. Lights would be in the building where the packing is done and not in the greenhouse. Commissioner Rogan stated there should be a number for the water usage in order to prevent the water table from being lowered. Attorney Mondschein stated the original water will be trucked in. Commissioner Jorsey stated existing Berlin greenhouses are approximately 12 to 15 feet in height; the proposal would allow those approximately twice the height. The setback of the Berlin greenhouses help to make them appear smaller. She stated the commission must consider the amendment affects all the properties in the POD zone, not just one parcel. Using GIS, Ms. Giusti displayed the width and depth of the potential site. There was discussion of the relative size of the chicken coops located on the Chamberlain Highway, noting their substantial setback. Attorney Mondschein described a preliminary sketch of the site plan. Commissioner Zigmont stated concern for the aquifer and stated there is non-potable water, a separate source other than the aquifer “down the street”. Attorney Mondschein stated it would require too much filtration and is too expensive for them to process non-potable water and access may not be possible. He stated the Guilford business has been using the same water for the last six years. Ms. Giusti stated she has worked with Attorney Mondschein and there are some revisions to the text. She will need direction from the commission if further modifications are needed. If the hearing is left open, an extension will be needed. She noted zoning regulations address site light trespassing onto other properties are part of a site plan review; lighting for greenhouses in the proposed language is specific to this operation. Commissioner Jorsey stated a setback of 200 feet seems reasonable and the commission has the charge of the Plan of Conservation and Development to retain the scenic vistas. 4 Berlin Planning and Zoning Commission Meeting Minutes – November 4, 2021 Attorney Mondshein stated if the commission requires the 200 foot setbacks, the applicant will most likely not build the greenhouses. Commissioner Jorsey stated if there is a willingness to consider working with the 200 foot setback, the hearing could be kept open. Attorney Mondshein stated they have explored all possible properties and the property being considered is the third property in 14 months. The applicant must consider the production aspect. Ms. Giusti indicated on the sketch of the provided potential site plan, there is a residential use behind the property and 40 feet of the 70 foot setback would be required to be buffered. Motion Commissioner Jorsey moved to close the hearing. Commissioner Legnani seconded the motion. Discussion Commissioner Zigmont stated there are further items to discuss. Commissioner Rogan asked if the text would be updated to include commissioners’ comments at this meeting. Ms. Giusti stated the changes with regard to the commissioners comments at this meeting will be made and can be considered. Ms. Giusti conducted a roll call. Voting in favor of the motion: Jorsey; Veley; Legnani; Biella, Jr,; Rogan Voting in opposition to the motion: Wollman and Zigmont The motion carried five in favor to two opposed. Ms. Giusti stated the public hearing is closed. The application will be on the November 18, 2021 agenda under “Old Business”. The commission has 65 days to make its decision. Commissioner Coppola was reseated. Alternate Commissioners Biella and Legnani relinquished their seats. Alternate Commissioner Peter Zarabozo was reseated. VII Public Hearing a. Special Permit/Site Plan Applications of Brandon Buchanan, Artisan Building & Remodeling, to locate his contractor shop including business activities, office, and showroom area at 230 Deming Road 5 Berlin Planning and Zoning Commission Meeting Minutes – November 4, 2021 Mr. Brandon Buchanan, owner of Artisan Building & Remodeling, was present at the meeting. He stated the business was founded in 2017 and their work includes roofing, siding, and gutter work. They service clients in Connecticut and have ten employees. There need more space and would like to move their business to 230 Deming Road. Ms. Giusti stated the proposed use as a contractor’s shop requires a Special Permit application. The building was constructed in 1965 and there is no original site plan on file. Improvements shown on the as-built plan provided by the applicant are striping for the parking and no changes to drainage or landscaping. Town Engineer comments have been received. She noted the regulations were amended last year for outside storage in industrially zoned properties which give the commission the discretion whether screening is needed. There will be storage for three trucks along the southwest corner of the building. Commissioner Wollman moved to close the public hearing. Commissioner Jorsey seconded the motion which carried unanimously. VIII Old Business a. Proposed amendment to Section VII.F.2.b. of the Berlin Zoning Regulations concerning greenhouses, Attorney Brad N. Mondschein Commissioner Zigmont would like to review the final revision to the proposal. Commissioner Zigmont moved to continue this application to the November 18, 2021 agenda. Commissioner Jorsey seconded the motion which carried unanimously. b. Special Permit/Site Plan Applications of Brandon Buchanan, Artisan Building & Remodeling, to locate his contractor shop including business activities, office, and showroom area at 230 Deming Road Commissioner Wollman move to approve the application, subject to adherence to staff comments. Commissioner Zarabozo seconded the motion which carried unanimously.  Commission Business Ms. Giusti updated the commission on the development at Climate Engineering, East Berlin. She stated there is ongoing litigation concerning the restoration of a buffer with the Zoning Board of Appeals and a Stipulated Judgement was to be discussed at the next Zoning Board of Appeals meeting. However, landscaping work has begun. Her site visit showed the caliber of plants seem appropriate with minimal disturbance. After consulting with Corporation Counsel, she allowed planting to continue in this planting season. 6 Berlin Planning and Zoning Commission Meeting Minutes – November 4, 2021 IX Adjournment Commissioner Jorsey moved to adjourn. Commissioner Coppola seconded the motion which carried unanimously. The time was 8:40 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 7