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2023-02-02 BERLIN PLANNING AND ZONING COMMISSION MEETING MINUTES FEBRUARY 2, 2023 I Call to Order The Town of Berlin, CT Planning and Zoning Commission held a Regular Meeting on Thursday, February 2, 2023 in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road, Berlin, CT. This meeting was in person or via remote attendance. The meeting was called to order at 7:04 p.m. ELECTION OF OFFICERS CHAIRPERSON Commissioner Rogan nominated Chairwoman Veley Commissioner Millerd seconded the motion. The Secretary cast one vote. VICE-CHAIRPERSON Commissioner Rogan nominated Commissioner Jorsey Chairwoman Veley seconded the motion. The Secretary cast one vote. SECRETARY Commissioner Millerd nominated Commissioner Rogan Commissioner Jorsey seconded the motion. The Chairwoman cast one vote. ROLL CALL In attendance Chairwoman Joan Veley Commissioners Scott Hamel; Diane Jorsey; Andra Millerd; Brian Rogan; Timothy Zigmont; Alternate Commissioners Steve Biella, Jr. (via remote; seated); Nikki Sambitsky Town Planner Maureen Giusti Assistant Town Planner Dylan Willette Town Counsel Jennifer Coppola Excused Commissioner June Daly II Pledge of Allegiance Those in attendance stood for the Pledge of Allegiance. IV Schedule Public Hearing a. Addition to its Special Permit the use of The Berlin Lions Agricultural Fair, Inc. for a Made in Connecticut Expo on August 12, 2023 and August 13, 2023 Suggested Date: February 16, 2023 Commissioner Jorsey moved to schedule the public hearing for February 16, 2023. Commissioner Rogan seconded the motion which carried unanimously. Berlin Planning and Zoning Commission Meeting Minutes – February 2, 2023 V Review of Minutes a. December 15, 2022 Commissioner Jorsey moved to approve the minutes, as presented. Commissioner Zigmont seconded the motion which carried unanimously. b. January 12, 2023 Commissioner Jorsey moved to approve the minutes, as presented. Commissioner Zigmont seconded the motion which carried unanimously. c. January 19, 2023 Commissioner Jorsey moved to accept the minutes, with the following corrections and additions (highlighted in bold text) to Pages 7 and 8: Commissioner Jorsey moved to accept the corrections Commissioner Millerd seconded the motion. 5. Stationary trailers with refrigeration will be prohibited. There will be no direct discharge to the environment. – This will be No. 27 7. Water sensors under the growing tubs to be installed in order to quickly detect any leak and immediately have it repaired. A secondary containment to be worked on with staff approval. 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. Potential secondary containment to be approved by staff. 28. Dumpster will be screened in accordance with regulations. 29. Construction and commercial trucks related to the H20 facility must travel on state roads, not local roads. Commissioner Zigmont stated the following condition should be added: 30. Comments should be stated on the approved plan and the map filed on the Land Records. The motion carried unanimously. Ms. Giusti stated the Public Hearing has been closed and the comments have been added as corrections to the minutes; not as testimony. VI Commission Business a. Discussion of 100 Harding Street, Accessory Structure for Tank Installation Ms. Giusti stated a permit application has been received for a tank installation and the commission will decide if staff is to handle it or if it should be added to the agenda as a site plan application.The tenant in the southwest corner of 100 Harding Street installed a concrete pad doesn’t require approval; however, he has moved a manufacturing company into the building and needs a liquid nitrogen tank to use in that business. Misunderstanding of requirements happened 2 Berlin Planning and Zoning Commission Meeting Minutes – February 2, 2023 and the tank was installed. The tank does meet the setbacks. A nearby residential neighbor has concerns with regard to its appearance. Commissioner Zigmont moved to add the installation of the tank as a site plan amendment to the agenda. Commissioner Jorsey seconded the motion which carried unanimously. Mr. Nicholas Meister, Andrews Street, Southington, the tenant, stated he had filed for a plumbing permit and was unaware of the correct process for its construction. He stated he will proceed with whatever the commission requires. Ms. Giusti stated nitrogen is delivered to the tank and the nitrogen is piped inside the building in a line. The fire marshal, zoning officer, and building departmentt have reviewed the permit which resulted in the determination that a planning and zoning approval was needed. The tank is required to stay white in color; 1-2 12” green placards to identify it as a non-flammable gas will be installed; the color and height of fence with legality of the installation is not regulated as long as access is provided. Mr. Meister stated the area for the business has been substantially cleaned. Ms. Giusti stated the uses in the building have been non-compliant for some time. This business fits the required zoning compliance for its use and cleaning to the site has been done. Ms. Giusti stated one neighbor’s concern was the size of the tank without screening. The fence is six feet high. The tank is 20 feet high. Commissioner Rogan suggested additional plantings in the islands along the road for screening. Commissioner Zigmont suggested a taller black fence to screen the tank. Commissioner Rogan moved to approve the installation of the tank with the following conditions: a. The applicant will work with staff and interested parties to determine a solution of screening . b. Additional vegetation for screening to be installed, as discussed. Commissioner Jorsey seconded the motion which carried unanimously. b. In accordance with Section 8-24 of the Connecticut General Statutes, review and recommendation for the acceptance of Great Oak Drive and Victoria Court, Kensington Valley Estates Mr. Michael Ahern, Town Engineer and Director of Public Works, stated the subdivision was accepted in 2006; the developer worked until 2009; the town called the bond which was used to install street trees and sidewalks. There is money to finish the work. A surveyor will be hired o prepare as-built plans. The town has been maintaining the site since 2008-2009 and the developer has left the state. The bond money will finish the work to town standards. 3 Berlin Planning and Zoning Commission Meeting Minutes – February 2, 2023 Commissioner Rogan moved to forward a favorable recommendation to the Town Council for the street acceptance of Great Oak Drive and Victoria Court, Kensington Valley Estates. Commissioner Millerd seconded the motion which carried unanimously. c. Clarify vote for notice regarding extension of Moratorium on Multi-family Development to August 11, 2023 Ms. Giusti stated the hearing for the extension was held on December 15, 2022. While the commission voted unanimously to approve the extension there was a flaw with the decision notice. Therefore, she is requesting a re-vote, and the decision notice will be re-run indicating the extension date. Commissioner Jorsey moved to extend the moratorium to August 11, 2023. Commissioner Zigmont seconded the motion which carried unanimously. VII New Business a. Site Plan Application of Jeffrey Cugno, Director of Operations, Berlin Board of Education, for an outdoor classroom, McGee School, 899 Norton Road Linda Holian, Director of Pupil Services, stated the Board of Education has a number of students with significant special needs. Their ages range from 3 years old pre-school to 22 years. Their educational programs teach independent living skills and functional academics to help make them independent. The outdoor learning classroom will be for all McGee students. Commissioner Rogan stated he likes the proposal, but traffic may be a concern due to the drop off area for the YMCA on the school’s property. He stated perhaps a split rail fencing could improve safety and maintain the “open area” concept. Mr. Cugno stated they are trying to maintain an “open concept”. The structure would be set back from parking, and the nearest parking area is for staff. Eric Jarboe, Al Engineers, stated a split rail fence could create a hazard if struck by a vehicle. He stated there is a natural swale which acts as a buffer between the roadway and the classroom. Mr. Cugno stated the pavilion will be set back and the driveway is a distance from this area. There will be some landscaping added. He stated the rendition of the pavilion the commission is seeing isn’t what will be constructed. Grant money is in place to finish the project; however, the design is not yet completed. He noted the area is very visible and will be open, therefore, securing the space is not a concern. Mr. Jarboe suggested a guide rail system which looks attractive and is easily maintained instead of a split rail fence. Mr. Cugno stated the YMCA facility has its own designated outside area 4 Berlin Planning and Zoning Commission Meeting Minutes – February 2, 2023 Ms. Holian noted the area would be primarily for BLAST students; however, they plan to have a sign-up for general McGee school use of the outdoor classroom. Ms. Giusti stated the pad area for the pavilion is connected to existing sidewalks; there is a slope to the delivery/drop-off area; and the setbacks are met. The commission will see the precise design when the project returns as an 8-24 review. At that time, staff comments should be addressed and any other agency approvals secured. Commissioner Jorsey moved to approve the application. Commissioner Hamel seconded the motion which carried unanimously. VIII Public 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. Proposed Amendment of Linda Ahlstrand to abolish Berlin Zoning Regulations Section XI.DD Planned Residential Infill Development (Public Hearing Opened January 19, 2023) (Must close by 2/23/23) Petra Reilly, 100 Peter Parley Row, stated the petition submitted as this amendment application has 160 signatures. She stated her opposition to the $460 fee that had to be paid as an application fee and her opinion “the property” should be commercially zoned, considering Berlin taxes. Ms. Linda Ahlstrand read her two-page letter of concerns for the regulation and submitted a copy for the record. She discussed Staff’s proposal to amend Section XI.DD (next agenda item) and stated her suggestions for revision. Attorney Coppola stated Ms. Ahlstrand’s commenting for both applications would “mix the two public hearings” and create a problem for the record. Commissioner Jorsey asked if Ms. Ahlstrand is considering withdrawing her application. Ms. Ahlstrand stated she is not. Commissioner Zigmont stated Ms. Ahlstrand has the option of asking for the application fee to be returned from the Town Council. Commissioner Rogan stated the commission should be taking testimony solely on the abolishment application. Mr. Patrick Snow, Wethersfield, spoke in opposition to the abolishment. 5 Berlin Planning and Zoning Commission Meeting Minutes – February 2, 2023 Mr. Chris Edge, Director of Economic Development, stated the text amendment allows underlying uses to remain and its abolishment would not make sense. Ms. Giusti stated non-profit organizations will typically request a fee waiver from the Town Council. The petition was not an official application until the fee was received. Commissioner Rogan moved to continue the application to the next meeting. Commissioner Jorsey seconded the motion which carried unanimously. c. Proposed Amendment of Planning and Zoning Staff to Berlin Zoning Regulations Section XI.DD Planned Residential Infill Development (Public Hearing Opened January 19, 2023) A revised draft copy was distributed. The revisions were discussed. Ms. Giusti distributed a package of detailed GIS maps and attached page of information for each Berlin motel. She referenced the CRCOG 9/23/2022 letter. Ms. Linda Ahlstrand made some comments regarding the application. The commissioners briefly discussed the revisions. The definition of building height was discussed. Commissioner Rogan moved to continue this application to the next meeting. Commissioner Jorsey seconded the motion which carried unanimously. d. Special Permit/Site Plan Applications of Developer J.R. Clisham/Connecticut Self-Storage for self-storage at 2200 Berlin Turnpike (Rescheduled from January 19, 2023) (Must open or use extension time) Attorney Dennis Ceneviva, Ceneviva Law Firm, Meriden, stated the parcel on the west side of the Berlin Turnpike is vacant. The application is being submitted in accordance with the text amendment for §VI.H.3.n. that his office had proposed and was unanimously approved at the July 7, 2022 Planning and Zoning Commission meeting. The site and site plan comply with all conditions of the regulation. The proposal is for 82,550 s.f. of storage units within three buildings. The rear setback from the residential use along Toll Gate Road is 90 feet. The proposal has been unanimously approved by the Economic Development Commission and the Inland Wetland and Watercourses Commission. A traffic report has been submitted and a Police Department comment confirms no traffic concerns with this project. Mr. James Sakonchick, Kratzert, Jones Associates, stated Mr. Clisham is a “long time client”. Mr. Clisham’s business has completed 17 similar projects in Connecticut and Massachusetts. The site will be a storage development; storage of cars or trucks is not allowed. This site has many attributes for their purpose. The property is 7 acres and has a long frontage on the Berlin Turnpike. It slopes to the north, and only the northern portion is being used. There is a good 6 Berlin Planning and Zoning Commission Meeting Minutes – February 2, 2023 buffer from the residential property on Toll Gate. The building is set back with 100 feet of green from the edge of pavement from the Berlin Turnpike to the edge of building. Evergreen trees will buffer the building. The traffic pattern on the site is one-way. The building along the street is one story’; the middle building is two stories and its construction is “deeper” to allow “conditioned storage”; there is no increase in run-off. All coverage is “less than” permitted. The use is low impact and provides a service for the public. In response to Chairwoman Veley’s question, there is a 50’ “no touch” buffer for wetlands to Toll Gate Road. After construction, the 90’ foot buffer to the residentially developed Toll Gate Road will be left to grow out. Mr. J.R. Clisham, principal of Connecticut Self-Storage stated he has worked in the industry since 2001. He stated professional association with various boards, including his service as chairman from 2011-2015 on the Board of Directors for the National Storage Association. He stated the company is a family run business with his position and the employment of two nephews. The site will be for storage only. The units will not have any lights, access to electricity, floor drains, and the temperature will be 47 degrees in winter and 79-80 in the summer – all which allow storage, but not the establishment of a business which prohibited by the lease. Working on a car in any unit is prohibited by the lease. The business hours are from 6 a.m. to 10 p.m., 365 days a year. Permission for limited access times for special circumstances may be given. A manager is on site 6 days a week. Security cameras and a gated entrance will be installed. In response to Commissioner Millerd’s question for additional plantings in the back of the property towards the residential units, Mr. Sakonchick stated there is a 50 foot “no touch” wetlands zone; however, if additional landscaping is needed (he indicated an area on the map), the applicant would cooperate. Speakers Ms. Sarah Papale, 507 Toll Gate Road, the site is right behind my property and asked if the information could be forwarded to her so she could study it. Ms. Giusti stated if additional comments are expected from her, the public hearing would need to remain open. Regarding the residential properties, Attorney Ceneviva stated when the text amendment was created, the rear setback was extended to 90 feet. There are wetlands also which must remain undeveloped. Mr. Chris Edge, Director of Economic Development, stated the related text amendment limits this use to one area of town. He stated it is a quality project and a good use for this site. Mr. David Skoczylas, 495 Toll Gate Road stated this project will create “an avenue for traffic to go thru his backyard to get to the Berlin Turnpike”. Mr. Clisham noted the storage facility is gated. 7 Berlin Planning and Zoning Commission Meeting Minutes – February 2, 2023 Ms. Giusti commented the zoning regulations state the applicant will need to call the zoning office when erosion control management is in place. She noted the fire marshal has requested a knox box entry key; the Inland Wetlands and WaterCourses Commission heard this item and approved the application with their criteria to be met; the Building Official, Water Department, and Town Engineer comments can be addressed during the permitting process. Commissioner Zigmont moved to close the public hearing. Commissioner Jorsey seconded the motion which carried unanimously. e. Text amendment application of Benjamin Peterson, Luddy Cremation Care LLC, to Berlin Zoning Regulations Sections §II.B; §VII.B.3; §VII.C.3 to add Funeral Home, Limited Service, as a special permit use in the GI and GI-1 zones (Must open by 2/18/23) Withdrawn by Applicant – Revised text will be rescheduled IX Old Business a. 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 (PH 10/6/22, 11/3/22, 12/1/22, 12/15/22, 1/12/23) i. Zoning Map Amendment request from Berlin Turnpike-1 (BT-1) to Berlin Turnpike Development (BTD) (Must decide by 3/18/23) 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. (Must decide by 3/18/23) Ms Giusti stated one consulting engineer for the project is still reviewing the changes made to th the plans which were submitted on January 12. The commission has 65 days from that meeting to make a decision. . Commissioner Zigmont moved to continue this agenda item to the February 16, 2023 meeting. Commissioner Rogan seconded the motion which carried unanimously. b. 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. c. Proposed Amendment of Linda Ahlstrand to abolish Berlin Zoning Regulations Section XI.DD Planned Residential Infill Development Public Hearing continued to February 16, 2023. No discussion or action taken. 8 Berlin Planning and Zoning Commission Meeting Minutes – February 2, 2023 d. Proposed Amendment of Planning and Zoning Staff to Berlin Zoning Regulations Section XI.DD Planned Residential Infill Development Public Hearing continued to February 16, 2023. No discussion or action taken. e. Special Permit/Site Plan Applications of Developer J.R. Clisham/Connecticut Self-Storage for self-storage at 2200 Berlin Turnpike Commissioner Rogan moved to approve the applications, subject to the following conditions: a. Staff comments to be addressed. Residents’ comments to be considered and addressed in staff’s comments. c. The hours of operation of operation will be 6:00 a.m. to 10 p.m. d. Work with staff regarding any fencing, screening, or landscaping, especially behind Building #3. Commissioner Jorsey seconded the motion which carried unanimously. f. Text amendment application of Benjamin Peterson, Luddy Cremation Care LLC, to Berlin Zoning Regulations Sections §II.B; §VII.B.3; §VII.C.3 to add Funeral Home, Limited Service, as a special permit use in the GI and GI-1 zones X Planner Comments Ms. Giusti stated information regarding a conference to be held. XI Adjournment Chairwoman Veley moved to adjourn. Commissioner Hamel seconded the motion which carried unanimously. The time was 10:47 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary 9