Loading...
2022-03-17 BERLIN PLANNING AND ZONING COMMISSION MINUTES MARCH 17, 2022 CALL TO ORDER The Town of Berlin, CT Planning and Zoning Commission held a Regular Meeting in-person and by remote video conference call in the Town Council Chambers on Thursday, March 17, 2022, beginning 7:00 p.m. In attendance Chairperson Joan Veley Commissioners Sandra Coppola; Scott Hamel; Diane Jorsey (via remote); Brian Rogan; Timothy Zigmont (via remote) Alternate Commissioners Steve Biella, Jr. (via remote); Peter Zarabozo (via remote – seated) Town Planner Maureen Giusti Excused: Commissioners Andrew Legnani; Jon Michael O’Brien I Review of Minutes a. March 3, 2022 Commissioner Jorsey moved to approve the minutes, as presented. Commissioner Rogan seconded the motion which carried unanimously. II Schedule Public Hearings a. Special Permit Application of Joey’s Place at ABA Services of CT for a childcare and preschool learning center at 1261 Berlin Turnpike Suggested Date: April 21, 2022 Commissioner Rogan moved to schedule the public hearing for April 21, 2022. Commissioner Jorsey seconded the motion which carried unanimously. b. Proposed Zoning Amendment of Robert Rossi to amend Section GI-2 Special Permit Uses for automotive appearance enhancement service use for automobiles, motorcycles and pickup trucks (no-mechanical and non-sales) Suggested Date: April 21, 2022 Commissioner Coppola moved to schedule the public hearing for April 21, 2022. Commissioner Hamel seconded the motion which carried unanimously. III Bond Reductions/Releases a. Request of Natalie Earley for a bond release for $770 at 52 Willow Brook Drive. b. Request of Natalie Earley for a bond release for $2,172 at 52 Willow Brook Drive. Commissioner Jorsey moved to combine Items a. and b. and moved to release both bonds. Commissioner Zigmont seconded the motion which carried unanimously. Berlin Planning & Zoning Commission Meeting Minutes – March 17, 2022 IV Commission Business a. Discussion of Buffer Landscape Plan of Priority Electric, 1865 Orchard Road Ms. Giusti stated the property owner has cleared an area which was marked “trees to remain” on the approved site plan. It was explained by the property owner that the trees had been taken down because of their age and condition and nearby utility wires. An enforcement order had been served and the plan before the commission is a restored buffer landscape plan. Regarding the side buffer to the residential, the approved plan had shown there would be additional plantings to supplement the buffer. Chairperson Veley stated one side of the business faces the Berlin Turnpike and the other side is a transitional piece to old Victorian homes which should have special care for buffering. She stated the applicant had stressed the buffer was going to remain to the fence. She noted white spruce are proposed, but they can get very tall and gangly. Mr. Paul Prior, property owner, joined the meeting via a remote connection. He said he could “100 percent” state that no trees had been cut or taken down on the south side of the property; however, brush or dead trees were cleared but no trees were trimmed. He said he will look at the site tomorrow. Commissioner Jorsey stated a white spruce tree is a native tree and has a natural, conical growth habit and the mature trees are “not too unruly”. In response to Chairperson’s asking if the area will be grassed, Mr. Prior stated the landscape designer has proposed mulch with flowers. Chairperson Veley stated the property owner is “on the right track” and the site will be re-visited. Mr. Prior has stated he is willing to work with staff. Ms. Giusti stated she will check with Public Works to confirm if the snow shelf should be grass. Mr. Prior stated he will work with staff. Commissioner Rogan moved to approve the landscape buffer plan, subject to the property owner’s working with staff. Commissioner Coppola seconded the motion which carried unanimously. V New Business a. Special Event Application of Alex Mutzabaugh, Keystone Novelties Distributors LLC to erect a temporary tent for the retail sale of CT legal sparklers and groun based fountains from June 22, 2022 through July 5, 2022 at 524 Berlin Turnpike. th Mr. Mutzabaugh stated this may be the 8 year they have come before the commission for approval. The sale will be a re-occurrence of past years sales. 2 Berlin Planning & Zoning Commission Meeting Minutes – March 17, 2022 Ms. Giusti stated a portion of the property for 550-554 Berlin Turnpike was approved for an auto use a number of years ago but is currently still vacant; however, at the time of the application’s submittal, there was a pending development application. The property owner has authorized the use of the site for Keystone’s event. She stated the applicant has worked well with the Building Department and Fire Marshal for past events. Commissioner Rogan moved to approve the application, subject to adherence to staff comments. Commissioner Hamel seconded the motion which carried unanimously. VI Public Hearings Commissioner Rogan read the Call of the Hearings. a. Special Permit Application of Dr. Martin Opoku Gyamfi for business offices of ProNatural Homecare at 1263 Berlin Turnpike, Unit A, in the SP-DD zone per Berlin Zoning Regulations per §VI.C. Dr. Gyamfi explained the application is for a home care agency. The office will be used for paperwork and interviews with caregivers. Ms. Giusti stated the SP-DD zone has uses which require a Special Permit application. As there is no record of prior use of this site, a “clean record” is needed. The last plan shows a proposed office addition and the proposed parking area has not been developed. Speakers Mr. Chris Edge, Director of Economic Development, Town of Berlin, stated the property is very underutilized. He stated the proposed use is a great fit as it is a low impact use and will motivate more tenants. Commissioner Zigmont recalled the site had medical and engineering offices. Ms. Giusti stated there is no clear record that showed the uses and it was vacant for numerous years. The use is a Special Permit use for this site. Chairperson Veley stated the application will bring the record up to date and the business will comply with the regulations. Commissioner Zigmont state the whole building should be considered in the application, not just Dr. Gyamfi’s office. Ms. Giusti stated when other uses are proposed, as an example, the commission has scheduled a st public hearing for April 21 for “Joey’s Place” which is a childcare and preschool and has a different use than an office. She stated she is understanding the commission is saying an office use may be signed by administrative approval, rather than coming to the commission. 3 Berlin Planning & Zoning Commission Meeting Minutes – March 17, 2022 Speaker Mr. Bart Bovee, Steepleview Drive, stated his engineering office was located at this site for 4 or 5 years. He recalled there was an attorney’s office, an accountant’s office, and a candy business. There may have been a third building which was never constructed. He said the site was approved in the 1980’s and the site was always approved for offices. Commissioner Rogan moved to close the hearing. Commissioner Coppola seconded the motion which carried unanimously. b. Proposed Amendment to Zoning Regulation of Sandra Roche, KIDS, LLC to amend §IX.B.5.b.viii Parking and Loading. Fast-food restaurants or drive-ins Ms. Sandra Roche, 146 Dunham Drive, distributed a printed copy of a power point presentation. She stated she has had meetings with Director of Economic Development Chris Edge, the town’s Economic Development Commission, the Fire Marshal, and Ms. Giusti. She stated they have a client who has a fast food restaurant and would like to locate in half of a building on one of their properties on Farmington Avenue, but parking requirements prohibit that to happen. She did a comparative study of a restaurant located at 1128 Farmington Avenue, a very similar site. She stated that restaurant has 24 to 26 “spots”; they have 16. They would like 30 seats; the other restaurant has 40 seats. The sites are both located the same CCD2 zone and are located 3 buildings away from each other. Southington and New Britain zoning regulations would allow their client’s restaurant. She stated the trend in dining is moving to take-out and delivery of food and Berlin is working to have growth. She stated the amendment would solve issues of other restaurants wanting to locate in Berlin. Ms. Giusti stated zoning regulations for take-out are specific which is for food served in take-out paper containers. She stated the take-out regulation is 1 per 75 or 1 per 3 seats, whichever is greater. Regarding having two tenants in a building, if vacant floor area is in the building, Berlin’s standard is to allocate one for 250 which allows for offices and retail. This prevents all the space being used and the owner having to leave the other half of the building vacant. Speakers Mr. Chris Edge, Director of Economic Development, Town of Berlin, stated he had submitted a letter of support and examples of several communities’ parking regulations. He stated the Economic Development Commission and he are in favor of the proposal as a change to the regulations will better reflect the current marketplace. They would like to have more restaurant locate on Farmington Avenue. Mr. Charles Talmadge, Development Planning Solutions, Bristol, CT, stated they have a client who owns approximately 300 locations for fast food restaurants. He stated they can see that people spend a shorter period of time spent in a restaurant; parked cars turn over faster; there is an increase in drive-thru activity. He stated chain restaurants are prioritizing drive-thru’s which allows them to do more with less staff and parking is a lesser concern. He stated many fast food restaurants are located in plazas and the restaurant’s hours are often “off peak”. He stated this proposal would be “very effective”. 4 Berlin Planning & Zoning Commission Meeting Minutes – March 17, 2022 Mr. Bart Bovee, Steepleview Drive, stated the parking regulations for seated restaurants or take out restaurants haven’t changed in the past years with the exception of a few minor revisions. He stated his approval of the proposal and its adoption would allow the Commission to look at uses individually. As an example, he stated a McDonald’s parking area is never filled. The restaurant has double drive thru lanes and is an example of how restaurants are evolving and the proposal is consistent with that trend. He stated the proposal would be advantageous for buildings on Farmington Avenue. Ms. Giusti stated this proposal is for a specific text amendment for drive-thru / restaurant regulations. She had conducted a survey 8 or 10 municipalities. Working with occupancy is difficult to determine and the Fire Marshal has the threshold of assembly. In reviewing other municipalities’ regulations, many of them use customer spaces rather than gross floor area. Commissioner Jorsey stated the patron count makes more sense, one space for two patrons, and perhaps a few extra for employees. Commissioner Zigmont stated the proposal is good for future development. Ms. Giusti stated for many years, Berlin regulations have stated one parking space for three, including employees. She stated modifications may be made to the proposal. Commissioner Coppola moved to close the public hearing. Commissioner Rogan seconded the motion which carried unanimously. Agenda Items c.i. and c.ii. have been withdrawn by the applicant: c. Applications of 550-554 Berlin Turnpike Associates, LLC for properties at 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, for: i. Zoning map amendment from Berlin Turnpike 1 (BT-1) to Berlin Turnpike Development (BTD) ii. Special Permit and Site Plan Applications for a mixed-use development, including three (3) residential buildings with 106 residential units, a retail building and two (2) existing commercial buildings, and related site improvements d. Special Permit/Site Plan Applications of The Preserve SM, LLC for 76 residential units in 48 buildings and 28 single family units on Lot 1, 51 Randeckers Lane (Public Hearing on 2/3/22, 3/3/22 and continued to 3/17/22) Commissioner Zarabozo relinquished his seat. Commissioner Steve Biella was seated for this application. 5 Berlin Planning & Zoning Commission Meeting Minutes – March 17, 2022 Attorney Timothy Sullivan, on behalf of the application, provided a brief summary of the application, as he had stated at the February 3, 2022 and March 17, 2022 meetings. Attorney Sullivan stated Town Engineer comments have been recently received and Bart Bovee, PE, will review them and revised plans will be submitted for the commission’s next meeting. He noted that an 8-24 Review is pending for this application. The conservation easement has been reviewed with Berlin Land Trust’ President Dennis Kern may have some minor revisions. A water and sewer agreement has been signed by the Berlin Water Control and the Kensington Fire District’s signature is pending. Ms. Giusti stated there is an Connecticut General Statutes 8-24 referral for the parking area from the Town Council The 8-24 to dedicate land for trailhead parking is a different consideration than the development plan and does not require a public hearing. It could be added to this agenda or placed on an agenda when the proposal has a decision. Once the commission’s recommendation is sent back to the Town Council, it’s a matter of when the property will be conveyed. Attorney Sullivan stated the applicant is on a time sensitive schedule and he asked that the 8-24 be added to this agenda. Ms. Giusti stated she had no objection to adding the 8-24 to this agenda. The commission’s consensus was the 8-24 may be added to this agenda. Commissioner Coppola moved to continue this hearing to the April 7, 2022 agenda. Commissioner Jorsey seconded the motion which carried unanimously. Commissioner Biella relinquished his seat. Commissioner Zarabozzo was re-seated. VII Old Business a. Special Permit Application of Dr. Martin Opoku Gyamfi for business offices of ProNatural Homecare at 1263 Berlin Turnpike, Unit A, in the SP-DD zone per Berlin Zoning Regulations per §VI.C. Commissioner Rogan moved to approve the application, with similar uses for this site to longer be brought to the commission but receive administrative review and approval, with staff bringing any issues to the commission. The commission determined the plaza had been general commercial many years ago, including office use. Commissioner Zigmont seconded the motion which carried unanimously. b. Proposed Amendment to Zoning Regulation of Sandra Roche, KIDS, LLC to amend §IX.B.5.b.viii Parking and Loading. Fast-food restaurants or drive-ins. 6 Berlin Planning & Zoning Commission Meeting Minutes – March 17, 2022 Commissioner Coppola stated the amendment would keep Berlin competitive. She stated Ms. Giusti’s research shows Berlin may be behind the trend. Commissioner Rogan stated his favor of patron area being considered and the amendment is a “step in the right direction”. Commissioner Zigmont moved to approve the application. Commissioner Coppola seconded the motion which carried unanimously. c. Applications of 550-554 Berlin Turnpike Associates, LLC for properties at 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, for: i. Zoning map amendment from Berlin Turnpike 1 (BT-1) to Berlin Turnpike Development (BTD) ii. Special Permit and Site Plan Applications for a mixed-use development, including three (3) residential buildings with 106 residential units, a retail building and two (2) existing commercial buildings, and related site improvements (These applications had been withdrawn prior to the meeting.) d. Special Permit/Site Plan Applications of The Preserve SM, LLC for 76 residential units in 48 buildings and 28 single family units on Lot 1, 51 Randeckers Lane No action or discussion. Commissioner Rogan moved to add the following items to the agenda. Commissioner Hamel seconded the motion which carried unanimously.  The Town Council has forwarded a Connecticut General Statutes §8-24 for the matter of conveyance to the Town of 1.01 acres of MBL 1-4-10-1 north of West Lane for the purposes of conservation area parking to the Planning and Zoning Commission for its recommendation Ms. Giusti stated the property is located in the southwest corner of the Shuttle Meadow Country Club property, near the trailhead to Ragged Mountain Preserve. Parking for the hikers has been an issue along West Lane and Wigwam Roads. The sketch layout indicates the area could support 45 spaces, including handicap and related drive lanes. This dedication of land for the purpose of parking has been endorsed by the Conservation Commission. Commissioner Jorsey moved to forward a favorable recommendation to the Town Council. Commissioner Coppola seconded the motion which carried unanimously. Town Planner Items for Discussion  359 Main Street Sign Ms. Giusti showed the commissioners the proposed sign for 359 Main Street which is in the Design District. It is non-illuminated and will be installed in the peak of the building. It is a white sign and the building is white and that is not preferable. 7 Berlin Planning & Zoning Commission Meeting Minutes – March 17, 2022 Chairperson Veley stated she would like to see what other options are available. Commissioner Zigmont stated it should match the design of other nearby signs. The commissioners were in disfavor of the design of the logo. Their consensus was an unfavorable recommendation.  “Dunkin” Sign on Farmington Avenue Ms. Giusti stated the sign has the new “Dunkin” logo. They would like to add an order board, move the speaker order box back, and add a canopy. The consensus was moving the order box back would create too sharp a turn. The consensus was the order board and canopy could be added; however, it should not be relocated any further back from the pick-up window. VIII Adjournment Commissioner Hamel moved to adjourn the meeting. Commissioner Rogan seconded the motion which carried unanimously. The time was 9:12 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 8