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2021-11-18 NOVEMBER 18, 2021 PLANNING AND ZONING COMMISSION MEETING MINUTES I Call to Order The Berlin Planning and Zoning Commission held a Regular Meeting on November 18, 2021, in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road, Berlin, CT. The meeting was held in person and by remote video conference call. The meeting was called to order at 7:00 p.m. In attendance Chairperson Joan Veley Commissioners Sandra Coppola; Diane Jorsey; Brian Rogan; Steve Wollman; Timothy Zigmont Alternate Commissioners Steve Biella, Jr (seated); Andrew Legnani (by remote) Acting Town Planner Maureen Giusti, AICP Acting Town Planner Maureen Giusti Excused Commissioner Jon-Michael O’Brien; Alternate Commissioner Peter Zarabozo II Review of Minutes a. May 20, 2021 No action taken. b. November 4, 2021 Commissioner Zigmont moved to approve the minutes, as presented. Commissioner Wollman seconded the motion which carried unanimously. III Commission Business a. In accordance with Section 8-24 of the Connecticut General Statutes, review and recommendation of the matter of construction sidewalks within the Town’s Right-of Way as shown on Sidewalk Projects Town of Berlin map. Ms. Giusti stated the sidewalk plan is a result of the work by Public Works, Economic Development and the planning office to determine best upgrades and connections. The work to be done is described in the Town Council communication in this meeting package. Grant funding will pay for the work to be done. Consulting engineers will be hired to design the sidewalks and complete the survey. Using an established plan, sidewalks will be installed to fill in where sidewalks are missing. Commissioner Jorsey moved to forward a favorable recommendation to the Town Council. Commissioner Wollman seconded the motion which carried unanimously. Page 1 of 12 b. In accordance with Section 8-24 of the Connecticut General Statutes, review and recommendation of the matter of constructing an engineered control on 889 Farmington Avenue as shown on engineering drawings entitled “Addendum to Approved Part 1 and 2 Applications for Engineered Control Variance, dated January 24, 2020, prepared by Loureiro Engineering Ms. Giusti stated when 889 Farmington Avenue was acquired, the property was known to be a brownfields site. The construction of the Newport project is well underway. A “liner” is being installed to cap the property and is necessary prior to continuing construction. Commissioner Wollman moved to forward a favorable recommendation to the Town Council. Commissioner Rogan seconded the motion which carried unanimously. IV Schedule Public Hearings a. Special Permit/Site Plan Amendment of James Meehan, Window Restorations of Connecticut, LLC for a contractor’s shop for a a window fabrication operation at 600 Four Rod Road, Unit 7. Suggested Date: December 2, 2021 Commissioner Zigmont moved to schedule the public hearing for December 2, 2021. Commissioner Jorsey seconded the motion which carried unanimously. b. Zone Change Request of 550-554 Berlin Turnpike Associates, LLC to change the zone of Map 10-2/ Block 83/ Lot 13B, 502 Berlin Turnpike; Map 10-2/Block 83/Lot 13, 522 Berlin Turnpike; and Map 10-2, /Block 83/Lot 14 554 Berlin Turnpike from Berlin Turnpike 1 (BT-1) to Berlin Turnpike Development (BTD) Suggested Date: December 16, 2021 th Ms. Giusti stated the commission voted to obtain a third party review. December 16 should be adequate time to receive information. Commissioner Jorsey moved to schedule the public hearing for December 16, 2021. Commissioner Wollman seconded the motion which carried unanimously. c. Special Permit and Site Plan Applications of 550-554 Berlin Turnpike Associates, LLC for a mixed development, including 106 residential units within three (3 buildings, a retail building and reconfiguring the parking lot for two (2) commercial buildings, 502, 522 and 554. Suggested Date: December 16, 2021 Ms. Giusti stated this application is related to Item b. Commissioner Jorsey moved to schedule the public hearing for December 16, 2021. 2 Commissioner Wollman seconded the motion which carried unanimously. d. Excavation Permit of StanConn, LLC for the excavation of 1,970 cubic yards, 0.2 acres, at Lot 17-2-133-10, Berlin Street, East Berlin Suggested Date: To be Determined Ms. Giusti stated materials are being received and being circulated for staff comments. She asked that the commission approve her selecting the date for scheduling the public hearing. Commissioner Wollman moved to have staff schedule the date for the public hearing. Commissioner Jorsey seconded the motion which carried unanimously. V New Business a. Site Plan Amendment of Kevin Budney, Budney Overhaul & Repair for construction of a building, driveway, storm water management system and wetlands mitigation area, 2061 Berlin Turnpike Joseph Perugini, P.E , Weston and Sampson, Rocky Hill on behalf of Mr. Budney, stated the applicant is seeking approval for construction of a 5,000 s.f. building which will be used for the business’ shipping and distribution. It will be located on the northeast corner of the property. The building will have four overhead doors. Paving will be done for a driveway. There is a strip of land between this property and Mr. Budney’s New Park Drive property that is all wetlands and wooded, and some past development has caused a disturbance. The applicant has received approval from the Inland Wetlands and Water Courses Commission at its last meeting to compensate the disturbance. The plan will recreate an equal amount of area in the southeast corner which will be better suited and located to mitigate what was disturbed. The new building will connect to the existing driveway of Mr. Budney’s existing business on New Park Drive. There is a surplus of parking; setbacks comply with zoning regulations; there will shielded lighting on the building; the area of work is about an acre; sediment controls are proposed; anti- tracking pads will be installed; and, the site will be stabilized with top soil and seeded. He stated the builder is present if there are additional questions. Ms. Giusti stated Town Engineer comments are pending; however, he has stated he believes any engineering issue could be resolved. Mr. John Festa, Pelletier, Pelletier Builders, 138 Main Street, Coventry, CT, stated he has been working with the applicant/owner. He stated the hours of operation will be on Monday through Saturday. He stated the building will not be used in the evening; shipping is minimal; and, the building is basically will be used to store finished parts. Ms. Giusti noted a letter of support has been received for the record from Mr. Chris Edge, Director of Economic Development and the Economic Development Commission. 3 Commissioner Rogan moved to approve the application, subject to staff comments, including the Town Engineer comments. Commissioner Biella seconded the motion which carried unanimously. b. Site Plan Amendment of John Torello on behalf of MC Barber Academy 1427 Berlin Turnpike Mr. John Torello, Architect and Planner, Cheshire, CT, representing the applicant, stated the applicant agrees with and will comply with all staff comments. He stated when the prior approval for this site was given, they had inadvertently submitted the site plan which was when the back part of the building had been burned down. It had been whited out on the survey. The approval for the Special Permit and Text Change for a vocational school then only applied to the front portion of the building. However, it should be just the opposite as the barber shop in the front is a permitted use. It was assumed the vocational school would be located in the front portion. He states the modification doesn’t apply to a whole new review. An issue is the storage container shown on the plan; however, construction is still underway. The issue is before the Zoning Board of Appeals and the applicant is asking this matter be tabled when they can present the final set of drawings Ms. Giusti stated last year a text amendment was approved. A special permit for the use was approved with the understanding that they had received approval based on the fact the rebuilding of the existing building on the concrete pad would come back for that added square footage. This does not include the special permit. It was understood the square footage would be expanded. The project is in two phases – a certificate of occupancy was first phase was issued and construction ceased at that time until they got approval for building on the concrete pad – thus, the shipping container issue. Mr. Torello stated the additional information should be ready to present for the December 2, 2021 meeting. Commissioner Wollman moved to continue this agenda item to the December 2, 2021 meeting Commissioner Coppola seconded the motion which carried unanimously. VI Public Hearings a. Text Amendment, Acting Town Planner Maureen Giusti, for a Moratorium on Cannabis Uses Ms. Giusti stated based on direction from prior discussions with this commission and the commission’s joint meeting with Town Council on September 9, 2021, staff has prepared a moratorium on cannabis use, as allowed by 2021 legislation. A moratorium is placed into the regulations as a proposed change. She stated the wording for the moratorium has been crafted in conjunction with Town Counsel. She noted zoning regulations are being reviewed under the 4 review of the Plan of Conservation and Development, with a partial analysis of current regulations and looking to initiate updates based on current legislation. Commissioner Jorsey asked for clarification if the moratorium does not include existing hemp businesses. Ms. Giusti stated she believes it does not and suggested that stipulation be placed into any motion that is made. She stated the effective date will be the day after the moratorium is filed in the Town Clerk’s office. She suggested a 9 month moratorium, based on discussions and analysis which is underway. There were no speakers from the audience. Commissioner Zigmont moved to adopt the moratorium on cannabis use. Commissioner Wollman seconded the motion for discussion. Discussion Commissioner Wollman stated the stipulation for existing businesses should be added. Commissioner Zigmont amended his motion to adopt the moratorium with the exception of existing related businesses for a period of nine months from the official date after the moratorium in filed in the Town Clerk’s office. Commissioner Rogan seconded the motion which carried unanimously. Mr. Rogan read the call of the hearings: b. Special Permit/Site Plan Application of Little House Living, LLC to develop sixteen single unit buildings and two duplex buildings for a total of twenty dwelling units per Berlin Zoning Regulations §XI.DD Planned Residential Infill Development at 1676 Berlin Turnpike. Attorney Tim Sullivan, on behalf of the applicant stated Mr. Pat Snow, developer, Mr. Jim Cassidy, engineer, and Mr. Brian Miller (virtually), consultant for the project were present. Attorney Sullivan stated the plan is to redevelop the property which was an efficiency motel dating back to the 1950’s. A newly adopted regulation is in place which would allow the re- development with the proposed project. He confirmed for the record the required mailing to abutters and the posting of a sign had been done. He stated the Affordability Plan had been updated on this date with a correction to the number of residential units – the correct number is 16 single family and 2 duplex units. A revised architectural drawing for the duplex units was also submitted with no changes to the engineering, only an added title block. Six dwelling units will be designated as “affordable housing” units. The traffic flow will have approximately 30 to 40 cars a day and 237 trips a day as reported in the Traffic Study by Scott Hesketh. The site will be supported by the existing infrastructure of the town and meets the downtown’s dimensional and development standards. The plan is consistent with the Plan of Conservation and Development. The plan is subject to the Berlin Turnpike design guidelines, including lighting. 5 The development will provide affordable housing and housing diversity – two positives for the town. Mr. James Cassidy, P.E., Principal, Hallisey, Pearson & Cassidy Engineering, Rocky Hill, CT, stated the property is 1.899 acres and is approximately 250 feet north of Meadow Lane. The site is zoned BT-1. Twenty 20 housing units are proposed. Access to the site will be reconstructed to have a single access point in the center of the property – the south and north curb cuts will be eliminated. A drainage plan has been submitted; currently there are no controls for drainage. New stormwater management measures will be installed. A new water service will be brought in. Plans include fire hydrants, sanitary sewers, and a lateral to be replaced. All other utilities will be underground. Concerning landscaping, the westerly hedge row will remain. Evergreens to the south will remain. Street trees will be planted along the property’s frontage. Shrubs and plants will be installed along the sidewalks and driveways. There will be no landscaping between the units. The proposal meets all current zoning regulations. The overall height of the units is 24 feet which is a typical two story height. This project, including buildings and impervious coverage, is significantly less than the allowed 50 percent. Mr. Brian Miller, AICP, Miller Planning Group, Wallingford, CT, provided a summary of the Affordability Plan utilizing Section 8-30g of the State Statutes. Speakers Linda Ahlstrand, 48 Holly Court, read comments into the record. She stated some information in the application may have incorrect information, including the lot size, number of units, and the exact name of applicant. She stated none of the abutting property owners who may have been th impacted by the zoning amendment approved on May 10 were given notice of the proposed change. She called the adoption of the regulation “spot zoning” and a “conspiracy” stating it had been written specifically for this property. She stated the neighbors feel “blindsided”. There are concerns for the rear buffer. There are questions about the asbestos removal from the former use on the property. She stated the neighbors are requesting environmental testing of the soil, an impact analysis for Belcher Brook to determine any detrimental environmental impact, and an Inland Wetlands Commission review. The two duplex units will create a potential for a drainage issue. Due to the slope of the property, the neighbors will see the duplex units as 46 feet tall and other units as 40 feet tall. She stated she and her neighbors have had two weeks to review these plans and they oppose the proposed development and are requesting a postponement of this public hearing. John Szozdowski, owner of 1700 Berlin Turnpike, stated he purchased his property, located south of the proposal, in 1999. He stated the project will have a setback of 15 feet from his property and the current setback of 25 feet is preferable. He stated concerns for the possible impact on the swale on his property which he maintains and the value of his property. He stated his opinion that the developer would not build this project behind his property. 6 John O’Brien, Vineyard Drive, stated his opposition to “profit over Berlin’s tax paying residents” and stated the developer would not build this project in his backyard. Sherry Rice, 38 Holly Court, the proposed the acreage of 1.988 is too small for the proposed 20 units. She stated nearby property values will drop. She asked who would manage the property. She asked why neighbors were not notified that the setbacks were not going to be changed. The new development does not have any area for recreation. She stated unit owners may possibly use Holly Court as a parking lot which is a cul de sac. The evergreens are sparse and not a good buffer. Water overflow has been an issue. The development is not in harmony with their neighborhood. She stated the level of housing is “atrouscious” and the neighborhood feels “blindsided” that the zoning was changed. Petra Riley, Peter Parley Row, stated she thought the proposal is “horrific and unfair”. She asked how the allocation for the number of people in these homes can be controlled. She said cars will be “all over the place”. Linda Ahlstrand invited the commissioners to come to her property so they could visualize the heights in person. Patti Burgio, 27 Holly Court, stated her 17 year old son in attendance with her observed there would be little room for play activity. She stated a concern that Holly Court’s cul de sac would be used for that purpose. Female Speaker asked if school age children would live in the units and asked the impact on the school system. She asked if the properties are to be sold and who would manage the site. John O’Brien, Vineyard Drive, stated concerns about parking on Holly Court and house values’ being lowered. Ms. Giusti stated Town Engineer comments and Social Services comments are pending. She suggested the commission keep the public hearing open to receive those comments. Ms. Giusti explained text amendments do not require notification to abutting property owners. They require notification as stated in the statutes for zoning regulations. The noticing for this application fell under Covid 19 regulations for noticing. That public hearing was held in accordance with regulation. A Special Permit is for a specific property and requires a public hearing which is what gets noticed to abutting property owners. The site plan is included in that notification. Berlin Water Control Comments may be addressed to see if those issues can be resolved. Commissioner Zigmont moved to keep public hearing open. Commissioner Wollman seconded the motion. 7 Discussion nd Attorney Sullivan stated the project’s engineer cannot attend the December 2 meeting. He requested the public hearing be continued to the December 16, 2021 meeting. Commissioner Zigmont amended his motion to continue the public hearing to the December 16, 2021 meeting. Commissioner Wollman amended his second. The motion carried unanimously. c. Special Permit/Site Plan 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. Thomas Coccomo, member of 1897 Berlin Turnpike, stated the property had been the location of an insulation company which left in 2019. Another company then came to the site for 8 or 9 months. The building is currently vacant. There is interest by Alta Equipment, a nationally traded company, to locate there. Their home office is in Michigan and they now have a Wallingford location which they have outgrown. There are two buildings on the property, one of which is a 12,000 s.f. warehouse which he is proposing to modify. One more garage door (to make four) will be added; windows and siding will be installed – the color scheme consistent with Alta Equipment’s general color scheme of earth tones – signage has red coloring; and landscaping will be added. Insulation work has begun. The retaining wall will be less than four feet high. Parking will be enhanced and the lot repaved and lined. Sixteen parking spaces are required by zoning regulations – twenty spaces are proposed. A “bull pen” area will be constructed with processed stone and a vinyl fence and will be used for storage of equipment. The dense tree buffer will remain. Alta Equipments sells new construction equipment and their product is similar to H.O. Penn and Tyler. An anticipated 15 to 25 employees will be added. They also sell filters and oil, etc. – items ancillary to their equipment. Minor drafting errors on the plans will be corrected. Ms. Giusti asked for a clarification of the “bull pen area” shown on the plan. She stated specific information regarding the walls and elevations is needed for the record. Mr. Coccomo stated the bull pen area will be located in the area of the southern site of the building. The soil is disturbed and it will be bulldozed to a level the same as the parking lot. The elevation of the land goes up to Spruce Brook Road. Cement blocks, usually 4 x 8 feet, will be installed with a vinyl fence on top. An as-built will be submitted once it is constructed and if needed, engineering will be provided. A sliding gate, most likely not vinyl, will be installed. Ms. Giusti stated the total wall callout on the map indicates 12 feet. She asked Mr. Coccomo to clarify that is just the call out of how it will be constructed and there is no 12 foot wall. Mr. Coccomo stated there will not be a 12 foot wall. 8 Anthony Sola, Director of Product Support for Alta Equipment, Wallingford office, 150 North Plains Industrial Road, stated they have outgrown their location in Wallingford. They are a compact construction equipment company with locations also in Florida, Michigan, Illinois, New York, Massachusetts, New Hampshire, and Maine. Their company is publicly owned and most of their buildings are leased. They take pride in their business appearance. A safety inspector is on location “the majority of the time” and representatives inspect their properties for appearance. Equipment is sold, rented, and repaired at their facilities. He submitted brochures for the record. Ms. Giusti showed site views of the property. Director of Economic Development, state the business is a “quality operation” and will provide jobs. Ms. Giusti stated previous businesses at the location may not have been non-conforming as stated in her written comments. She stated any use on the state right of way is subject to their lease agreement and Department of Transportation review. Any repair to the drainage will need to meet applicable licensing and environmental standards. Commissioner Wollman stated his support for the application from this national company and its proposed location. Ms. Giusti stated the property is an existing developed site and modifications will be made. The special permit is for the change of use. The curb cut is not under purview. Commissioner Zigmont stated there is a residential use at the back of the site and landscaping should be required. Mr. Coccomo stated the trees are mature and he would agree to infill the landscaping. Mr. Sola stated hours of operation are 7 a.m. to 5 p.m Monday through Friday. Commissioner Rogan moved to close the public hearing. Commissioner Wollman seconded the motion which carried unanimously. VII Old Business a. Proposed amendment to Section VII.F.2.b. of the Berlin Zoning Regulations concerning greenhouses, Attorney Brad N. Mondschein Ms. Giusti stated the text before the commission has been retyped based on the commissioners’ discussion at their November 4, 2021 regular meeting. Commissioner Jorsey stated regarding the description for the greenhouse material for “rigid material” excludes conventional greenhouses, such as the Sunny Border site on Chamberlain 9 Highway; the 5,000 s.f. commercial designation would be for two of the hoop houses similar to what the Bennerup (Sunny Border) site has, those have a standard size of 30 feet wide x 96 long; the 250,000 s.f. designation is greater in size than 5 acres; there has been no discussion concerning the spacing between the greenhouses. Considering the agricultural regulation as a whole, these types of structures commonly house animals and the commission would be remiss not to consider that as a potential use. The artificial light provision might work for hydroponics and not for other types of products; some of the language is restrictive; “eco-friendly and not negatively affect aquifer” is vague and she asked how that could that be proven; and the language for impervious coverage seems excessive. Commissioner Rogan stated the rigid material would help keep a good façade appearance for the greenhouse. He stated the hours “work”. He stated artificial lights are “powerful” and if allowed to be on “24/7” potential impact could appear like many acres of stadium lighting and have a negative effect. The language of “eco friendly” is difficult to determine. He stated currently there are no difficulties with wells and the fish hatchery – if problems with wells are reported or the fish hatchery water level becomes a concern, those issues could be addressed. For the record, Ms. Giusti stated Commissioner Coppola has reviewed the record for this hearing for the purpose of participation and vote for this application. Ms. Giusti stated the following are seated commissioners will vote for this application: Commissioners Coppola; Jorsey; Veley; Biella; Rogan; Wollman; Zigmont Commissioner Legnani was seated but did not vote for this application. Commissioner Zigmont stated a testing procedure for at least the water quality should be required. Commissioner Jorsey stated no pesticides are used for this proposal. Commissioner Coppola stated although not for this site, another site “down the road” could use pesticides. She stated her agreement with the concerns Commissioner Jorsey stated regarding building coverage and impervious surfaces. In addition, she is keeping the Plan of Conservation and Development and the vistas in mind. Chairperson Veley stated although the project is “exciting and interesting”, her concern is with the size and the coverage of impervious surface. Commissioner Jorsey stated she is a huge advocate for agriculture innovation, but not in this area. A more appropriate area would be in an area with industrial uses. Commissioner Rogan stated the amendment is “better” since its first proposed language. Commissioner Zigmont stated a Special Permit should be required to allow the commission more control. 10 Ms. Giusti stated the regulation is to separate agriculture as uses that are allowed. This amendment would this would add “item b.” to Section VII.F.2 of the regulations and an application would be subject to a site plan application. Commissioner Zigmont moved to approve the application, as modified, and conditioned upon adherence to staff comments. Commissioner Wollman seconded the motion. (Commissioner Legnani advised he was logging out of the meeting). Discussion Commissioner Coppola clarified the maximum building coverage will be 60 percent. Chairperson Veley stated it would be 60 percent. Commissioner Zigmont clarified the minimum front yard would be 200 feet. Ms. Giusti took a roll call for the vote: Voting Nay: Coppola; Jorsey; Veley Voting Aye: Zigmont, Rogan, Wollman, Biella The motion carried four in favor to three opposed. b. Text Amendment, Acting Town Planner Maureen Giusti, for a Moratorium on Cannabis Uses The commissioner voted on this agenda item earlier in this meeting. c. Special Permit/Site Plan Application of Little House Living, LLC to develop sixteen single unit buildings and two duplex buildings for a total of twenty dwelling units per Berlin Zoning Regulations §XI.DD Planned Residential Infill Development at 1676 Berlin Turnpike. No discussion or action. The hearing is continued to the December 16, 2021 Planning and Zoning Commission meeting. d. Special Permit/Site Plan 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 Commissioner Wollman moved to approve the application, subject to adherence to staff comments. Commissioner Jorsey seconded the motion which carried unanimously. 11 Acting Town Planner Comments  The Plan of Conservation and Development presentation will be mailed prior to the committee’s meeting. A draft survey will be included.  Old Brickyard Road – The stipulated judgement regarding the tenant’s occupying the illegal rental unit on Mr. Coccomo’s industrial property has been filed and the tenant will be out of the unit by December 17, 2021. VIII Adjournment Commissioner Wollman moved to adjourn the meeting. Commisioner Jorsey seconded the motion which carried unananimously. The time was 10:17 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 12