Planning & Zoning Commission

Chair Thom Pattavina (’27) Middletown Vice-Chair Vice-Chair Secretary Nicholas SebastianFazzino Giuliano(’21) Thom Pattavina (’23) (’25) Secretary Shanay Fulton (’25) Planning and Zoning Members Members ers Richard Pelletier (’23) Rogers Pylant (’25) Catherine Johnson(’27) (’23) Marcus Fazzino (’21) Elizabeth Emery (’27) Vacant (’21)Spencer (’27) Morgan Monarca Nathaniel Commission Alternates Alternates Kellin Atherton (’23) Tyler Eckstrom (’25) Shanay Fulton (’23) James O’Connell (’21) John Carlson (’27) Alan Cunningham (’27) Ex- Ex- Officio Officio Mayor Mayor Ben Ben Florsheim Florsheim Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES WEDNESDAY, August 28, 2024 Council Chambers, City Hall & Virtual on WebEx 7:00 P.M. The meeting was held both virtually and in -person. Members of the public had access via https://webex.com, the WebEx application, and via telephone. Start: 7:01 PM End: 8:09 PM 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina Commissioner Sebastian Giuliano Commissioner Shanay Fulton Commissioner Rogers Pylant (Remotely) Commissioner Morgan Monarca Commissioner Elizabeth Emery Commissioner Nathaniel Spencer Commissioner Tyler Eckstrom Commissioner John Carlson Absent: Commissioner Alan Cunningham Staff: Marek Kozikowski, Director of Land Use Public: Twelve members of the public. 3. Items removed from the Agenda None. 4. Public comment on items on the agenda which are not currently scheduled for a public hearing Page 1 of 5 Jessica Litkey, 522 Main Street, East Berlin spoke in opposition to item 8.1. She is concerned about the increase in traffic in the area. Candy Lincoln, 969 Spruce Brook Road, East Berlin spoke in opposition to item 8.1. She expressed her concerns about the traffic in the area. She would like to see commercial traffic moving away from the residential zone. Ms. Lincoln requests that a natural barrier be put in place for the lighting and the noise. Jacob Knolt, 961 Spruce Brook Road, East Berlin spoke in regards to item 8.1. He asked what the building is going to look like from the street view and also what the hours of operation of the building will be. He expressed his concerns about the buffer the applicant is planning. He would like to see more of a buffer between the building and the residential area. Mr. Knolt expressed concerns about traffic. He would like to see the entrance be farther way from the intersection of Spruce Brook Road and Middle Street. Commissioner Pattavina informed Mr. Knolt that this isn’t a public hearing so the applicant isn’t able to respond to his questions. Director Kozikowski read into the record a letter submitted by Maureen Giusti, Berlin Town Planner in regards to item 8.1. The letter included a request for a traffic study and to maximize setbacks and screening. 5. Confirmation that all hearing signs have been properly posted No items on the agenda are subject to a public hearing. 6. Public Hearings None. 7. Old Business None. 8. New Business 8.1. Request for a site plan approval for the proposed construction of a new 95,000 SF warehouse and manufacturing facility located at 1189 and 1221 Middle Street in the IT zone. Applicant/Agent: Gary Dayharsh/EriKelAri, LLC. SPR2024-134. Gary Dayharsh, introduced the application. Mr. Dayharsh explained that Shelco Filters produces liquid purification filters. This location is an expansion of their business. Mr Dayharsh stated that the workday will be an eight hour day starting at 7am. There will be a maximum of three tractor trailers coming and going from the site. They will encourage everyone to go south on Middle Street when leaving the facility. They can display a sign stating ‘Right Turn Only’. Mr. Dayharsh said that they have no issues in creating additional screening. They will make sure the lighting is minimal on the north side of the property. Rebecca Li, R Levesque Associates, 40 School Street, Westfield, Massachusetts continued the presentation. Ms. Li explained the phasing of the development of the site. Parking for workers and visitors with be in the front of the building. They’re proposing four loading docks in the rear of the building as well as additional parking and a dumpster. The site has been graded so that runoff can be collected within the catch basins. Ms. Li continued to describe the drainage plan, utilities plan, Page 2 of 5 landscaping plan and photometric plan for the site. Commissioner Fulton asked what is going to be manufactured and stored at this location. Mr. Dayharsh answered that they manufacture liquid filters, the housings that the filters go in, and the paper filters and they will be stored here. Commissioner Eckstrom encouraged the applicant to communicate with the neighbors in regards to their concerns. Commissioner Giuliano asked how many vehicles do you expect to be coming and going on a daily basis. Robert LeConche, 4 Hampton Court, Farmington, President of Shelco Filters answered to start there will be eight to ten people working in the building. Employees will work one shift. There will be three tractor trailers in the morning and a smaller truck in the afternoon. A discussion on parking and the flow of traffic followed. Commissioner Pattavina asked if they can do a traffic study per the request of the Berlin Town Planner. Mr. Dayharsh answered that they can do a traffic study. Commissioner Spencer asked why the project is being built in two phases. Mr. Dayharsh answered that the decision is financially driven. Commissioner Emery asked if the traffic will be any different when phase two is completed. Mr. Dayharsh answered they don’t have an exact plan for phase two yet. Commissioner Emery asked if the operation moves over from Bradley Street to this facility what will that mean for traffic. Mr. LeConche answered that question is hard to answer since he doesn’t know what business will be like within the next ten years. Commissioner Emery seconded the traffic study that was requested by the Town of Berlin. She would also like to see a study done on what the impact of phase two will have on the traffic in the area. Mr. Dayharsh suggested taking the driveway exit and directing it to the south. Motion to approve the site plan with the following conditions: 1) All outstanding staff comments be addressed; 2) Phase 2 of the development shall return to the Commission for site plan approval; 3) The vegetative landscape buffer along Spruce Brook Road shall be enhanced with additional plantings. Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed unanimously: 7-0. 8.2. Request for a site plan approval for the proposed change in non-conforming uses by converting a commercial retail space to two residential units in an existing building located at 170 Pearl Street in the RPZ zone. Applicant/Agent: William Goodman/170 Pearl, LLC. SPR2024-140. William Goodman, 330 Great Neck Road, Great Neck, New York presented the application. He explained there is a 1,500 square foot single-story commercial store front that has been vacant since he Page 3 of 5 purchased the property for three years. Mr. Goodman has not been able to rent out the commercial space. Mr. Goodman is proposing to convert the non-conforming commercial space into a less non- conforming use. Director Kozikowski elaborated that this is an existing mixed use development. The commercial space is located on a portion of the first floor and there are six residential units as well in one building. This building is located within the RPZ zone which is primarily a single family residential zone. Changing the commercial space to residential will make the use less non-conforming in that there is no parking on site. The commercial space would demand five parking spaces. Two residential units would demand four parking spaces. The last use in the commercial space was a retail use. The retail use would have customers parking on Liberty Street and Pearl Street. A residential use would only add a car or two parked in the area. Director Kozikowski continued to state an area of concern which is one of the proposed apartments would be accessed from an alley way between this building and the adjacent building which is also owned by the applicant but under a different LLC. Director Kozikowski is unclear which property owns that alley way. Director Kozikowski suggested that an easement be created for that alley way so that the apartment can be accessed in perpetuity. Mr. Goodman agreed to create the easement. Commissioner Giuliano commented that the applicant needs to ensure that the resident has access to that apartment from a legal street. Motion to approve the site plan. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed unanimously: 7-0. 8.3. Request for an affirmative GS 8-24 report for the sale of surplus City property located at 210 Dripps Road. Applicant/Agent: Christine Marques/Economic and Community Development. GS 8-24 2024-15. Brian Gartner with the Economic and Community Development office presented the application. Mr. Gartner explained that this property went through foreclosure in 2019. Per City Ordinances, Mr. Gartner is here to receive a favorable GS 8-24 for the sale of City property to make sure it conforms to the Plan of Conservation and Development. Director Kozikowski added that the house on the property was constructed in the 1700s and there are deed restrictions. Motion to grant the GS 8-24. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed Unanimously: 7-0. 8.4. Request for an affirmative GS 8-24 report for a 2,654 SF electrical distribution easement to Eversource on city property located at 180 Johnson Street. Applicant/Agent: Christopher Forte/General Counsel. GS 8-24 2024-16. Director Kozikowski presented the application. He explained they are working on a project that has site plan approval to put a solar array on the land fill. Eversource needs an easement over a portion of City property. Commissioner Giuliano commented that this is a good use for that piece of property. Motion to grant the GS 8-24. Moved by Commissioner Spencer, seconded by Commissioner Fulton. Passed unanimously: 7-0. 8.5. Request for an affirmative GS 8-24 report for a 2,590 SF electrical distribution easement to Eversource located at Main Street, Map-lot 22-0540. Applicant/Agent: Christopher Page 4 of 5  Forte/General Counsel. GS 8-24 2024-17. Director Kozikowski presented the application. He explained that there’s a development at 545 Main Street. Eversource is seeking easements for underground wires and equipment on City owned property. Motion to grant the GS 8-24. Moved by Commissioner Spencer, seconded by Commissioner Emery. Passed unanimously: 7-0. 9. Public comment on topics which are not or have not been subject of a public hearing None. 10. Minutes, Staff Reports and Commission Affairs 10.1. Minutes Motion to approve the July 10, 2024 regular meeting minutes. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. 10.2. RiverCOG Report None. 10.3. Staff Report Director Kozikowski informed the commission that there is no new business for the September 11th meeting so he will coordinate with the Chair if there is anything amendments to the schedule. 10.4. Commission Affairs None. 11. Adjournment Motion to adjourn Moved by Commissioner Giuliano, seconded by Commissioner Spencer. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 5 of 5