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2023-01-19 BERLIN PLANNING AND ZONING COMMISSION MEETING MINUTES JANUARY 19, 2023 The Town of Berlin, CT Planning and Zoning Commission held a Regular Meeting on Thursday, January 19, 2023 via zoom and attendance in person. The meeting was held in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road, Berlin, CT. I Call to Order In attendance Chairwoman Joan Veley called the meeting to order at 7:00 p.m. Commissioners June Daly; Diane Jorsey; Andra Millerd; Brian Rogan; Timothy Zigmont Alternate Commissioners Steve Biella (remote); Nikki Sambitsky (seated) Town Planner Maureen Giusti Assistant Town Planner Dylan Willette Town Counsel Jennifer Coppola II Pledge of Allegiance Those in attendance stood for the Pledge of Allegiance. III Public Hearings Commissioner Rogan read the Call of the Hearings. a. Special Permit Use Application of Linda Soukiasian for an Accessory Dwelling Unit at 5 Huckleberry Lane in the R-15 zone (Continued to March 2, 2023) No discussion or action taken. b. Special Permit/Site Plan Amendment Applications of Linda Iovanna, CCARC, Inc., for a charitable institution use for a CCARC day/employment site and related site improvements at 1103 Chamberlain Highway (currently Prince of Peace Lutheran Church) in accordance with Berlin Zoning Regulations Sections V.A.3.d. and XI.L Attorney Michael Carrier, on behalf of the applicant, stated the church at 1103 Chamberlain Highway is for sale. CCARC has outgrown its facilities in New Britain and the lease for a temporary location is expiring. The church is an ideal location. No exterior improvements or changes other than a handicap ramp would be done. The hours will be Monday through Friday, 8:30 a.m. to 5:00 p.m. Ms. Anna Cardona, CCARC, explained services and activities which are available for their clients. Berlin Planning and Zoning Commission Meeting Minutes – January 19, 2023 Attorney Carrier stated the organization has a long relationship with the Town of Berlin. There are three group homes located in Berlin. CEO Linda Iovanni, CCARC, stated the organization was incorporated in 1952. It provides an array of services for people with intellectual development. Their clients are typically 18 years to 22 years old. The site will predominantly the employment site. Staff may remain to four or five o’clock. There is no activity on week-ends. Some vans will arrive in the morning. Typically there will be 50 to 60 arrivals; and then 25 staff members on staff during the day. There is designated support professionals for each attendant. The existing circular drop-off is a benefit. Mr. Chris Edge, Director of Economic Development, Town of Berlin, stated he has work experience with this field. He spoke of the enthusiasm and dedication of those involved. The Economic Development is in support of the proposal and the re-use of this property. Mr. Hunter Mathina, 495 Orchard Road, spoke in favor of the proposal. The proposal is a good re-use for the property, stating it is a positive program for the community. Ms. Trish LaMontagne, 66 Parkview Drive, stated she represented the real estate listing for the site. She stated her support for CCARC’s mission. In response to Commissioner Millerd’s question, Attorney Carrier stated the site will not be a housing facility; it will be a day program only. Commissioner Zigmont stated the building will need some updating to bring it to code and standards of classroom. He stated it is a good use for the property. Attorney Carrier stated business hours will be 8:00 a.m. to 5:00 p.m.; staff arrives at 7:00 a.m. to 7:30 a.m. Clients arrive about 8:00 a.m.; Monday through Friday. There may be infrequent staff meetings. Clients leave the building by 3:00 p.m. In response to Chairwoman Veley’s questions, Ms. Iovanni stated the site is 6 acres and there are no plans at this time for expansion. Chairwoman Veley stated the property abuts two town owned properties. She suggested a fence for safety consideration. Ms. Iovanni stated one improvement will be an accessible ramp. Attorney Carrier stated the town’s comments can be taken into consideration. They have been working with the Fire Marshal and Building Department while waiting for this commission’s approval. A sprinkler system is being reviewed. 2 Berlin Planning and Zoning Commission Meeting Minutes – January 19, 2023 Ms. Giusti reviewed her comments for the application. She stated no substantial improvement to the exterior site conditions are proposed, the existing circular entrance/drop-off area appears to be adequate for cars and transportation vans. Parking appears to have approximately 55 striped spaces. She notes Building and Fire Codes will mandate renovations to allow for the new use of the property. In response to Commissioner comments she noted that street signage is under the purview of the Police Department. She suggested conditions of approval, as follows:  Outstanding and permitting interdepartmental comments should be incorporated into a decision.  Any building permits will require zoning review, including for anticipated Handicap ramps and modification to signage  Staff suggests that those site modifications be allowed through staff Zoning Permit review.  Any modifications to the services as described within the application are subject to Zoning review  No overnight facilities are proposed or approved with this application. Ms. Giusti stated the Conservation Commission stated at its January meeting that there has been an informal agreement with the use of access on the property which leads to Town owned open space. She noted access links trails on either side of the property from Timberlin Park across the street to the west and Bicentennial Park behind the property on the east. The Conservation Commission would like the Town to work with the new owner to maintain that agreement. Attorney Carrier stated there can be negotiations with the town. The only concern is liability, he noted usage for trails may occur also on the week-ends when the facility is not in operation. It was noted there may be natural buffers to the trails that could make a fence unnecessary . Commissioner Jorsey moved to close the hearing. Commissioner Zigmont seconded the motion which carried unanimously. c. Proposed Amendment of Linda Ahlstrand to abolish Berlin Zoning Regulations Section XI.DD Planned Residential Infill Development Linda Ahlstrand, 48 Holly Court, read a two page opinion of why Section XI.DD should be abolished. Her summary paragraph stated “This Planned Residential Infill Development text amendment is poorly written and favors developers and renters over property owners. There is nothing positive in this amendment for the abutting property owners, their neighborhoods nor taxpayers. We hope that the Commission will remove this entire amendment from the zoning regulations.” Ms. Giusti stated “the motel sites are under functioning, tend to have a high occurrence of emergency services, are aging and often in disrepair, and serve as interim housing when not set up as dwelling units. In addition, the section has been cited as an avenue to serve a housing need as identified though the Affordable Housing Plan and has been supported by the Capitol Regiol 3 Berlin Planning and Zoning Commission Meeting Minutes – January 19, 2023 Council of Governments (CRCOG). She stated it should noted that text modifications have been drafted by staff per the Commission’s direction and guidance for doing so. Ms. Giusti stated staff is not in favor of deleting the text as it serves a need. Mr. John Scalia, 64 Bluebird Lane, asked what the process is for taking of property. Chairwoman Veley stated the commission is not considering that issue for this application. Commissioner Rogan moved to continue the public hearing. Commissioner Jorsey seconded the motion, which carried unanimously. D. Proposed Amendment of Planning and Zoning Staff to Berlin Zoning Regulations Section XI.DD Planned Residential Infill Development Ms. Giusti stated her draft amendment provided to the commission at this meeting is the existing text with suggested amendments to the text which were proposed as a result of direction from the Commission and concerns regarding the language raised during related public hearings. She reviewed some of the proposed changes. Commissioner Rogan moved to continue the agenda item. Commissioner Jorsey seconded the motion which carried unanimously. e. Special Permit/Site Plan Applications of Developer J.R. Clisham/Connecticut Self-Storage for self-storage at 2200 Berlin Turnpike (Tabled at the request of the applicant.) No testimony or discussion. This agenda item will be on the February 16, 2023 agenda. IV Old Business Ms. Giusti stated her understanding of the consensus of the applicant and commission that Item b. will not be discussed or decided upon at this meeting. Commissioner Zigmont moved to continue Item b. Applications for 550-554 Berlin Turnpike Associates, LLC to the February 2, 2023 meeting. Commissioner Jorsey seconded the motion which carried unanimously. a. Site Plan Application of H0 Farm Berlin LLC for the construction of two 2 greenhouses at 2107 Chamberlain Highway Attorney Coppola stated Attorney Mondschein has requested the commission re-open the public hearing for a limited purpose and advised Attorney Mondschein could explain his request. 4 Berlin Planning and Zoning Commission Meeting Minutes – January 19, 2023 Attorney Brad Mondschein, for H20 Farm Berlin, LLC, said at the last Planning and Zoning Commission on January 12, 2023, it was stated a Notice of Violation had been issued by the DEEP. Mr. Tovia stated he thought it had been withdrawn or dismissed because of test results. Attorney Coppola stated this typically happens during the same meeting, and the public hearing may be re-opened at that point; however, when there is a separation of time, at least an agenda should be published. In this instance, there is a proximity of this commission’s meeting regarding this agenda item and a narrow basis for why the applicant wants to re-open the public hearing. It will be the commission’s decision to allow the limited information. Commissioner Jorsey stated the point of presenting the notice of violation was to point out that there was some inconsistency in the testimony that was received and doesn’t have anything to do with the commission’s deliberation. She stated previous testimony stated there had been no notice of violation. Commissioner Jorsey moved to not re-open the hearing. Commissioner Zigmont agreed with Commissioner Jorsey’s opinion. Commissioner Sambitsky seconded the motion. The motion carried unanimously. Ms. Giusti reviewed some proposed conditions that have been submitted by Attorney Mondschein. Commissioner Zigmont stated concessions and staff comments should be stated on a final map. Commissioner Jorsey stated the application is difficult to consider. She stated she had voted in opposition to the text amendment, and in viewing the POCD, the specific points relating to this specific area are not stated affirmatively. This property has been for sale for several years; zoning is intentional to limit development; precedent has been set by property south of this parcel with a significant number of smaller scale greenhouses and obviously the scale of this proposal is a concern. Is the use industrial or agricultural because of the scale. It used to be peach orchard 40 years ago. The pesticides from that peach orchard are still there. The likelihood of contamination from this use is not as much of a risk; however, some testimony was somewhat misleading. Commissioner Sambitsky stated the proposal “feels industrial” and the Plan of Conservation calls to protect this area. Commissioner Millerd stated she has concerns for spillage, aquifer and watercourses protection. The applicant is responsible that no harm is done to the smaller aquifer serving the wells of the adjacent landowners. 5 Berlin Planning and Zoning Commission Meeting Minutes – January 19, 2023 Commissioner Rogan stated the public had stated concerns; the text amendment stands as it was written with no amendment or petition to abolish it since its adoption; if there were a catastrophic event, it wouldn’t have a catastrophe outcome because the fertilizer parts per million is so minimal it wouldn’t have a negative impact. He doesn’t agree with a left turn only out of the site. Commissioner Millerd stated concern for truck traffic cutting through Orchard Road Chairwoman Veley stated the Plan of Conservation and Development is our guideline. Farmers work hard and are a failing breed. She stated she looks at this proposal and sees how hydroponics work and it is very interesting. It might be the farm of the future; however, even the applicant stated you do not need agricultural land for a hydroponic farm. She stated the town has to protect what we have that is special and unique. She stated the concept is great but the location is not good. . She stated the size and height of the buildings which will encompass five acres are concerns. Commissioner Zigmont stated the site has been farmland for a long time and has a zone in place to protect the farmland. The conditions of approval will be beneficial to the project. The proposal complies with the regulations. The applicant has addressed items that were discussed. Commissioner Sambitsky stated hydro farming is in its early stages and needs perfecting. She has concerns for the aquifers, the vistas considering the height of the buildings; and the choice of this site when its location could be on any flat surface. She stated it is not a good fit for the community, the land, or the landscape. Commissioner Daly stated the applicant has experience from operating their other location. She stated she is comfortable with the safety measures in place. She stated it’s a new process and can be productive. She stated the proposal makes sense to her. Commissioner Sambitsky asked what products will be potentially grown. Chairwoman Veley stated it was stated during the hearing, that in addition to lettuce, basil, parsley, rosemary, thyme, and sage may be produced. Commissioner Rogan stated the lack of use of artificial lights on the site will limit what can be grown. Commissioner Zigmont moved to approve the application, subject to applicant’s agreement to staff, department, and commission comments and placing those conditions on a final map. Commissioner Jorsey seconded the motion for discussion. Commissioner Jorsey summarized the conditions of approval: 6 Berlin Planning and Zoning Commission Meeting Minutes – January 19, 2023 1. Truck pickups and deliveries will be limited to from 8:00 a.m. – 3:00 p.m., Monday through Friday. 2. Early truck arrivals to wait to approach the Farm at the closest state permitted areas highway exits and in safe locations until the Farm is open for product pickups. There will be no parking allowed on Chamberlain Highway. 3. Trucks must travel on state road and not travel on local road. 4. “No Idling” signs to be posted at loading docks and State and Berlin Ordinance regarding idling regulations be rigidly enforced. 5. Stationary trailers with refrigeration will be prohibited. There will be no direct Discharge to the environment. 6. Independent water testing results to be submitted to the Central Connecticut Health District. 7. Water sensors under the growing tubs to be installed in order to quickly detect any leak and immediately have it repaired. 8. If a growing bed needs to be drained for repair purposes, a licensed environmental contractor will be hired to dispose of the irrigation water in that growing bed. 9. Screening along the southern and rear borders of the property, as recommended by staff and the commission and as discussed with staff and neighbors, will be installed as part of Phase I. 10. Dust control measures will be provided, having a watering truck on site during site preparation and construction. 11. The trash dumpster will be relocated to a location that will not have an impact on neighbors and will conform with customary dumpster screening. 12. Additional farm fencing and signage along a portion of Apple Lane will be installed to delineate the property line as discussed. 13. A segregated fertilizer mixing room in the head house with a concrete floor, a dedicated and reinforced piping system to growing beds, and a thick plastic liner in the steel growing beds will be installed. A possible sediment container will be approved by staff. 14. The energy efficient curtains will be used to shield pathway lighting in the early morning hours or after dark. 15. There will be no exterior lighting in the parking lot other than for security measures. Exterior lighting will be regulation compliant and downward facing so as not to intrude on abutting properties. 16. An F-Clean polycarbonate (hard plastic system) for greenhouse structure to prevent glare will be used; F-Clean attracts sunlight into the building and has no infrared properties that cause glare. 17. 5 MPH speed limit signs will be installed on the property. 18. A “Children at Play” sign will be installed on the property. 19. Outside storage shall be maintained in an orderly manner and screened allin accordance with zoning regulations. 20. Roof top mechanicals will be shielded in accordance with zoning regulations. Mechanicals should be avoided on the eastern side. 21. Use of Jake breaking is prohibited. 22. The Police Commission will be consulted to address proper signage on the street. 7 Berlin Planning and Zoning Commission Meeting Minutes – January 19, 2023 23. Architectural plans to be addressed by staff with return to Commission for discussion if necessary. 24. Any products not presented into the approval are not intended to limit what may be grown; however, cannabis is not proposed or permitted with this approval. 25. Any change to raw water use or agricultural use to return to the Planning and Zoning Commission. 26. There will be no public address system. Voting in favor: Daly, Jorsey, Rogan, Zigmont Voting in opposition: Millerd, Sambitsky, Veley The motion carried four in favor to three opposed. b. Applications for 550-554 Berlin Turnpike Associates, LLC, 502 Berlin Turnpike; Map 10-2/Block 83, Lot 13B, 522 Berlin Turnpike; Map 10-2/Block 83/Lot 13; 554 Berlin Turnpike, Map 10-2; Block 83/Lot 14 i. Zoning Map Amendment request from Berlin Turnpike-1 (BT-1) to Berlin Turnpike Development (BTD) ii. Special Permit/Site Plan Applications for a mixed-use development, including 106 residential units within three (3) buildings, a retail building and reconfiguring the parking lot for two (2) commercial buildings. There was no discussion. Commissioner Zigmont moved to continue this agenda item to February 2, 2023. Commissioner Rogan seconded the motion which carried unanimously. c. Special Permit Use Application of Linda Soukiasian for an Accessory Dwelling Unit at 5 Huckleberry Lane in the R-15 zone (Continued to March 2, 2023) No discussion or action taken. d. Special Permit/Site Plan Amendment Applications of Linda Iovanna, CCARC, Inc., for a charitable institution use for a CCARC day/employment site and related site improvements at 1103 Chamberlain Highway (currently Prince of Peace Lutheran Church) in accordance with Berlin Zoning Regulations Sections V.A.3.d. and XI.L Commissioner Zigmont moved to approve the application, including staff comments. Chairwoman Veley seconded the motion. 8 Berlin Planning and Zoning Commission Meeting Minutes – January 19, 2023 Discussion There was discussion about the pathway behind the church which is an informal trail that leads to the Bicentennial Trail. Liability issues may be a concern as the trails are typically used on the week-ends. The parking lot will need to be striped. The applicant will work with staff to determine if fencing would be appropriate. The motion carried unanimously. e. Proposed Amendment of Linda Ahlstrand to abolish Berlin Zoning Regulations Section XI.DD Planned Residential Infill Development No discussion – the application is continued to February 2, 2023. f. Proposed Amendment of Planning and Zoning Staff to Berlin Zoning Regulations Section XI.DD Planned Residential Infill Development No discussion – the application is continued to February 2, 2023. g. Special Permit/Site Plan Applications of Developer J.R. Clisham/Connecticut Self-Storage for self-storage at 2200 Berlin Turnpike No discussion – the application is continued to February 2, 2023. V Planner Comments  There will be an informational meeting held with Town Council on Cannabis uses will be scheduled for January 31, 2023.  The Commission was reminded that 4 hours of training are now required by Statute. There are upcoming Commissioner training sessions with fliers distributed including for the alternate year CT BAR training which will be virtual in March. Ms. Giusti noted that the budget allows for some training and Commissioners should go through the office for registration.  Winter clean-up up the Hatchery Brook Community Gardens was discussed. VI Adjournment Commissioner Sambitsky moved to adjourn the meeting. Commissioner Jorsey seconded the motion which carried unanimously. The time was 10:32 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 9