 This is a regular-scheduled meeting in the town of Berlin developing a new board. That's quite all right. I've done it to your meetings. We have two applications tonight. What I'd like to do first thing, because we are recording tonight for the first time, and also we have a new recording secretary for the first time. So we'll go around the table and list ourselves. We'll start on the left here with Tom Badowski. Tom Badowski, zoning administrator. John Krieger. Bob Wernick, I'm chair. Carolyn D'Wiesel. Shane Misfil. Josh Fitzhugh. And Kristine. Kristine Glenn, recording secretary. In the afternoon, we'll just do some selfs as they go along here. What I'm going to do, though, is we have two applications, and I see the applicant's present. So I'm going to ask those that intend to give testimony before the board tonight, please raise your right hand. This way I tell the truth, and nothing but the truth that matters before the board tonight, and the peddling is a perjury. I do, absolutely. I do. Thank you. So we'll start first with R&G properties. Randy, identify yourself, please. Randy Rulo. And Randy, why don't you give us an overview of what you're proposing here so we can understand what's there now and where you're going? Basically, just a storage building. I mean, pretty simple. I don't want to spoil it through the map. So what else is on this? We'll go through the individual criteria as we go through them. Nothing else to say about that? It's just storage building? Yeah. I mean, it was a double Y there before. It was a rental building. Was a double Y used in office? No. It was rented out as a home. Presidents? Yeah. OK. Comments, comments you'd like to make? Not at this moment, no. OK. Yeah. I saw you in the room. Oh, sorry. It was the Academy Award. Maybe, maybe not. So questions by board members before we go through the individual criteria? There's a picture here that we have as we should state. Unstated oversight. This is the lot right here that we're talking about? No. It's over here. Right here? Yeah. OK. See that building right there? This building right here? That's the double Y that's there. Well, it's gone. OK. So that's the new building you're intending to put in just goes right in there? Correct. OK. All right. Good. OK. Yeah. Oh, so it's this one? Yes. So it would be? OK. It's a separate lot. So this is separate from this bigger lot? Yes. Separate parts. We thought it was on here. I thought you were talking about the sales. No. It's the lot next to it. I bought that lot separate from Richardson. But the permit you show us from the highway department is for the other lot? Well, no. They want to get rid of some of the entrances. So I had to do the, what's it called? Illinois. So I worked that out with them. Basically, they're fine with my entrances, except they want me to close part of that driveway that goes to the lot that I want to put the storage building on. So how do you access that lot? Well, I own both lots. Right, but so how will you access that lot? The building, the storage building? We're actually going to access it not even from the road, from the back of the lot. OK. I mean, we're going to have the garage door or the door on the back side, not on the front side. OK. So we just cut across. I mean, it's all level. It's all one big flat parcel. OK. So you're actually, it's a separate lot, but you're really combining the two lots, the functions of the two lots, is that right? Well, we use both lots, yeah. So they're permit extended to the lot, which has the mobile homes on it for sale. Well, yeah, and also, right here, Bob, I didn't put any of this in, but all this stone wall and this hedge down there, you've seen it, right, down there? I never paid close attention. Yeah, they want that all gone. Bob Richardson was a landscape, or Wendy Ridge, remember those guys? Yeah. And he's delivered it. So he put all this, it's really nice. I mean, it looks beautiful, but he obviously didn't get a permit from the state when he put it all in. So anyway, they want it all gone. But what they said is, because we have these long homes, trucks, sometimes over 100 feet, we explained to them that we need these, especially for this entrance here, you need really wide turning radiuses. So they gave me actually 50 feet, which is outside of the typical. 40 feet normally the max. Yeah, but they gave me 50 to accommodate our business. And like I said to them, I said, if I ever develop these things to something different, you probably don't need those things. So they eliminated the one entrance that was strictly for the double wide? I don't need any. I don't really need a curb cut to it, specifically because it's my land both sides. It's not like there's buildings for customers that aim as we drive. There's no traffic to it. It's just our own vehicles and stuff for the winter story. I didn't ask this question before because I'm presuming that you two are not interested in this application. Normally, we ask if anybody wants party status. There's no other way else here. So nobody has to ask for party status. OK, now I understand. Because the drawing from the B-trans depicted the entrances to the other lot. Remember in the old days, you used to send a letter to the state and they had 30 days to respond if they had an objection to what you were trying to do? Yeah, it was changed. Well, the statute changed. Yeah. So OK, now I understand it. Now I'm trying to find the. And just one more thing. So the 30 by 60 that's over on the left side of this application. Is that going to be the new building? Yes. OK. What are the dimensions of the existing double line? Oh, thank you, John. Yeah, but it was, I think with the decks, it was 40 and it had like about a 15 foot deck on it. So like 40, 55 feet maybe. Because you can see it in the drawing. It had like this little building on it in the deck. And it was probably with the front deck. The home itself was 24 wide, plus maybe another six. So that gives you a rough idea of what's existing. The new structure will be bigger. Similar. A little bit bigger. I agree. OK. So I have a question for the person recording. Is all this page throwing, I'm going to screw up the review, audio? No, no, as long as it doesn't lay on top of it. OK. Thank you. So going through the site plan review criteria, the first criteria is safety of vehicle pedestrian circulation on site, and any adverse impacts on the Jason Street network. And I think you've explained access to the site is actually going to be from? The rear. The rear. And you can be using the entrance. To the extent you need an entrance, you'll be using the two entrances on the other portion of the track. Correct. The, what do you tend to do with the building? It's going to be storage? Yeah, like for equipment, trucks in the winter, just our own equipment. You would display this will generate any traffic? Zero. The circulation on site, you're going to be coming in from the back of the lot? Yeah. Just crossing over behind some of the display homes in the back. And we understand correctly, the existing drive is being closed off. This is going to be, yeah. And they're giving me like 10 feet of the existing drive. Basically where the stone wall is. Now we're going to, we need to tear out all the rest of the plack top there and the stone wall and the bushes. And they want me to pave a little bit of the apron. And you've submitted to us the board a letter of intent from Ramani's transportation indicating that they would approve this with constructive importance for their standards. Yes. Tom, how's that? Yeah, and we, we have copies. It's called draft and obviously there's a draft until some signs of the mail is sent. Correct. Comments, questions by the board members? On which? On criteria one, which is safety of vehicle that it does generate circulation on site, any adverse impact on the Jason Street metalwork. Did you have any further comments on that criteria? I don't think so. There'll be, the storage building itself will have one door. One overhead door and one side entrance. And the overhead door is going to be in the back of the building. Yes. Which will make sense. Criteria B, adverse impact, no, should be adequacy of circulation parking and loading facilities. I think you stressed circulation. Do you tend to have any parking? No. Parking will be what you have on the other lot. Yeah. Bicycle pedestrian access. Bicycle? Bicycle pedestrian access to the site. There's no pedestrians needed to go there. So you're not anticipating any pedestrian use? Zero. Bicycle access right now. No. It's a storage building. Yes. Atecacy of landscaping. Do you propose to add any landscaping? No. What do you have for existing landscaping? You are removing a snow wall. Yeah, the state's requiring that. It would appear from this photograph that there's vegetation on both sides? Trees? It's still there. No, those trees, we cut all those trees down. They're gone. What about the other side? Well, yeah, between us and capital, there's all that vegetation, yeah. What about in the front? No, it's all gone. Those trees are gone? Gone. Yeah, we have homes parked there, so. We have homes parked there now? Yes. Tell me now, my bro. Yeah. Because you guys need to get around Berlin. I guess we're the mishaps over there, too. Well, you're almost out of Berlin, man. I guess so. Remember how hard I fought for that, too? It was pretty commercial. So you're not proposing to add any landscaping? No, I mean, I don't. It kind of looks pretty good right now, really. It's all nice, you know, lawn, we even know what. You parked the trailers on the lawn? Yes. Modular. Pardon? Modular. Modular, sorry. Well, they're different. No, there aren't. There's no such thing as trailers, anyway. I realize that. But we get people coming in. Can we look at your trailers? You mean the one I hauled the tractor with? Three funny, actually. The one I hauled the tractor with? Hours of operation? Our open Monday through Saturday. And we're going to do Friday from 8 to 5. And Saturday from 9 to 3. And the winter and 9 to 4. And you've provided us with the setbacks on the application. Yes. The front yard setback is 119 feet, is that correct? Yes. And the left side is, that's to my property over here. I put it on there. And the right side is 31 feet. That's the buddy property. Right. Who's that buddy property owner? It might be a split there. I mean, I own the whole, the lot goes along. So I mean, it's capital and I think Richardson. I don't know, is that Richardson? Yes. Yeah. Kind of splits. Oh, I see what you're saying. Yeah, there's two lots in here. Maybe three. Oh, there are two or three. Yeah, three lots. How did you measure the sideback of the setbacks? Just with the tape. But assuming you stake out what the new building would be, do you say it's larger than the existing building? Well, the existing building is going to go right where it is now. And the additional is going to go towards my land. My land. I'm not going to be any closer anyway to their land. Okay. You're no closer than existing buildings. To the road and to the road. Right. Yeah, we're going to use the front of the existing to the road, you know, and then the side. Okay. Bucks capital. And then we're going to, we'll go our way. So the right side setback goes to capital. That's 31 feet. Yeah. Yes. And yours will be a little less than 78 because that's your, the building's a little wider than the double line. Well, I might have done, I might have calculated it with the new building. I forget what I did there. Yeah, I did. Those setbacks that I brought on the application of, assuming as a 30 by 60 building. And that's the new building. 30 by 60. Yes. The log line for between your two logs, which we said were separate logs, is where is that on this line? It's right where those trees are. That line of pine trees there that run between them. Right here, Bob. Basically those trees must have been planted right on the line. Okay. Yeah. So that drive that came, the old drive that came in that. It was entirely on the law where I'm going to build, want to build the new. So the drive was on these, that low, that block there, one acre lot. Yes. Looks like the trees are on this. It's casted where this, where the photo taken, it's cast in shadow. Yes, the shadow is filming you. Yeah. It bothered me too at first. Yeah. It only makes sense because the drive had to be on the law. Right. We don't need any access there. And like I said, if we were ever going to discontinue what we're doing there and propose something different, well, that would all be engineered with everything that you guys, you know, that you need for whatever we would do there. I mean, like I said, you probably wouldn't, you may not even need two wedges at that point, you know. Okay. The criteria is exterior lighting. Well, there have been any lighting associated with the storage building? No lighting. I mean, we're going to have lights inside. How about the entrance? No, no lights. Stop me if anybody has questions. Stormwater and drainage. Now, I propose any, you know, it's just, it's pretty much all grass around it now. You're not reading, reading any more additional in the previous area? No. A little bit because the building's a little bit bigger. A little bit on the roof. About less because of the driveway, right? Yeah. If you're playing the driveway. Yeah. Yeah. True. At a point. Utilization of renewable energy resources? Non-heated. And you would not interfere with somebody else's ability to? Did you ask for municipal service impact? I did. Chief Wolfe gave me a letter saying there was no impact. It's a state road, so you have a V-trans, and I did not hear from Chief DeFranc. And flood hazard review? It's not a flood plan. Are there questions by the board? None. Any comments by the board members? Okay. In that case, if we've heard all the evidence, I would obtain a motion to close the one portion of the hearing. So moved. Second. Those that have been made, seconded. Does the discussion have that motion? All those in favor of that motion, please signify by saying aye. Aye. Opposed? This hearing is closed. We'll issue our findings of facts. Fourth place. All right. Thank you very much. Thanks for meeting us. Have a good night. Have a good night, Randy. Gentlemen, please move yourselves. Greg Champi. Timothy Morris. Chase and Chase. There you go. And as with the case of, this is a, you wondered it was a three hearing, right? We had a concept plan review. There's a very small piece of this in the commercial zoning district. So it falls under commercial and application. So that's why. So we've got a concept plan review. We've got a preliminary plan review. And then we also have final plan review all relative to one hearing. As a major. As a major because it's commercial. Of course, the property is commercial. So tell us what you're doing. Basically, I have one currently now my, my residence and everything is on one lot. And basically I want to just break out a separate lot around my residence and to break away from the other law, the remaining law. Just to keep as a separate entity. Your purpose just, just to break it out for now. There is a possibility of obviously sale down the road in the future. I mean, I don't know what will occur from that or what could happen. But there's a possibility of that. Access to the lot one would be how? There's two. There's an access on Vine Street or the continuous properties on Vine Street. And then there's actually an access from down from the lights coming off. Ames Plaza. Ames Plaza. There's a right away. There's no access there now. There's a right away. There's a right away. There's a right away. Yeah. And lot number two is accessed off of Midway Avenue. Yes. Does Midway end at your property line? I believe it goes up the hill piece. I'm not sure what the actual criteria current. Why is that? I believe Tim said it actually ends before. It ends before. So he said that's not on town road. So he had no comment on it. Okay. Tim Davis, the road foreman. I knew Midway Avenue was very short. It wasn't short. How short? So anything else you want to tell us about the project here? You better understand it. Just that. I was pretty much like that. So nothing new is happening on lot two? There's no construction on either one. Something I read led me to believe that something was being built. You're asking, what do you stand on? What are the waste water permits? We have an application with the state at this point. We haven't got it back yet. The application is for lot one and for lot two? Yes. Because for the subdivision for the decrease of acreage in lot one. And then for lot two. We also have a designated replacement area. Just because when you subdivide a lot, you have to create a spot. The other type of system that never fails. And on lot one, you're asking for deferment? Yes. So you're not showing any water or waste water capabilities on that lot? We're in subdivision regulations. Another part of the book. Can I ask a question? Where is the, not that it has an effect on this application, but where is the highway commercial district? Down here in this part of it, right down. It's a little bit in lot two and a little bit in lot one. I see. It's about a combined less than an acre. Okay. Well, that's the zoning boundary you're showing there? So we're in here with a Z in it? Exactly. I love it. Oh. You see it, Josh? Yeah, now I see it. Yeah. Yeah, I was looking for the same thing. And for that, you call this a... Bettered air? Side of caution. I'm just trying to scare everybody. I would have heard the other end of it. Maybe it's to utilize that little sliver of land for something commercial. I didn't draw the boundary. That boundary is based on contour elevation, is it? I believe so, yes. See, that's where it doesn't got to go. Trying. Okay. So any other questions by Board of Majority of Comments, Tom? No. Chief Wolf again said there was no impact from his office. I mentioned to you, Tim Dave's road foreman said the Midway Avenue, that part's not Town Road, doesn't maintain Town Roads, it's not under his purview, and we did not hear anything from the Chief to frame. You have a right-of-way... If the Midway Avenue doesn't go to your property, do you have a right-of-way? Yes, sir. You do? Well, the road does bend there. That's all I know. I don't know what... Does the town plow up to your property line? Plow up to the top. I think it was because it ends at the bottom of a hill on a hill. Yeah. When you say the top, where is that on this drawing? The bend. Yeah, it would be if you're coming up there. It's a way under your property. Yeah. They plow under your property. Yes. I think originally I was told... I like you can do that for me. Thank you. If they go up where the property line crosses the roadway, it's right behind the set of houses that are there existing, and it's on a hill, and there's nowhere for them to turn around. So they basically would have to back all the way down into the bowling alley to turn around. So it was on a hill. Where do they turn around? We're at the top of the hill. I don't know. I'm sorry, run on the bend. Okay, that's the top of the hill. Thank you. Obviously it doesn't show the hill. Okay. So somebody thinks they... Well, they probably just do it because that's the convenient way. Yeah, exactly. So can I just ask on lot one, what's the access... what's the topography like from Vine Street? It's pretty much level. Oh, it is. So it's easy access from Vine Street. It's right next to the school. So there's no need to have any kind of easement across your lot to get to the... No, it's the edge of the line on Vine Street. Okay. It runs up to Vine Street. Then it's all pretty much level. Okay. I know that roads can be... Well, it's actually... There's a road, just a dirt road that goes through there. Oh, okay. Been there for years. It's just something that my father actually put in. Yeah. He's... Okay. Well, you're not actually proposing anything. That property up there, the lot one, what would remain a lot one, it's relatively level. There is a field. Right by this area here. I don't know. It's not shown here, but there's a field. The rest of it is... There's some hills, valleys. It's pretty steep and mountainous, kind of behind the bowling alley. Yeah. All up in here. It's pretty much a mountainous. Then there's a field over on the bottom. Well, this is Vine Street. Sorry. Yeah. Over here, there's a field. Next to the school, the church, whatever. Yeah. Right there now. That's a field, flat area. Yeah. Yeah. I've seen that entrance. Yeah. And my perception is that it's relatively level out there. Yeah. Yeah. From there, right around, it's actually a level grade. Okay. Any unique wetlands or anything like that? Not that I'm aware of. There's some wetlands in this field here in the corner behind the school. An old Beaver Dam kind of thing that's been existing. What I'm trying to go with this is typically we have to have a separate ruling on concept plan. So what I'm looking at here is, you know, have you addressed the criteria for concept plan review? And you have obviously provided us more than a sketch to propose a vision of action providers in the survey. You've notified many property owners and obviously they're excited because they're all here. Well, one of the concerns obviously is one, what you said was that they get the notice of a major subdivision that everybody would think what's going in down there, what's happening, and all of a sudden every bit. But I personally hadn't seen anything, heard anything from anybody. I had two calls and supplied the information and then you're back. Oh, because it was listed as major? And you've done park tests for the replacement site? Yes. And you've submitted that but you do not have approval? Exactly. So you're awaiting approval from the state? Yes. Okay. That really is the essence of the concept plan review. You're not proposing any new roads, not proposing new rights of ways, so there's no roads involved. We do have contour intervals for the area we're supposed to use for wastewater and your testimony is that you were requesting deferment on the, is that the correct term, deferment? Oh, yes, on the development. A lot on development. Different development. Pardon? Different development. Yeah, different development. Okay. I would accept them off of a motion with regard to the concept plan or do we have any further questions on the concept plan? It's fine. Yeah. I mean, that we actually, at that point, we, our review, we can approve, right? Yeah. So, yeah, I moved for approval. The concept plan? Yes. I'll second. The enforcement made second to approve the concept plan. That's not the whole project. That's just, you know, the concept that we agree with. Because normally, I tell you what, this normally done one hearing at a time. It's fine. This will be a three hearing process. Okay. Yep. Okay. So, we're sort of combining them. Tom's got very efficient about this. So, a preliminary plan review. Oh, wait, sorry. My apologies. All those favor that motion, please say goodbye by saying aye. Aye. Aye. Opposed? And the concept plan has been approved. So, the preliminary plan application, you have a criteria here. Thank God somebody's rewriting these. Pretty much the same. Yeah. It's pretty, well, it requires a completed permanent survey, which has been provided. Yeah. And the plan must show lots. And there's criteria for what we're exploring on the plan. And sketches and any improvements. And you're saying none. And you've shown the roads. You did not. Oh, you do show us the test fit location. Is that correct? Yes. Actually, I have another plan. You want to look at that site plan. It might show a little better. I didn't put these all off. And that's the plan you submitted to A&R. Yeah. If we could have this entry to the test point. I appreciate that. I'd like a copy for my records, please. And Tom, you already tested that you talked to fire. Well, you haven't talked to fire because they haven't come back to you when you talked to chief and the road foreman and the chief police. Yes. It's not on me. We need to have issues. I'm looking through the criteria as we speak here. I apologize for the silence. Any of my patrons here have any questions? In regard to these criteria? You're not asked for any waivers and regulations. These are really applicable because there's nothing to do with those. Right. Thank you. And, okay, then I'm going to move on to the final criteria for final plan review. And you have not this normally would require the water wastewater approval. You have not got that yet. So your permit will be conditioned. Conditioned on your approval being received and the deferment being received, which is pretty simple. So obviously nothing can be built on that site until such time as you have your water and sewer approval for that site. Both sites are going to remain in your name. Ah, there are joint names. Calls for final plat, seal. Survey is done on the supervision of Bill. I think we have everything. Does anybody have questions regarding the subdivision? Do we go over what has to be filed? So bidding? Oh, sorry. Condition on approval. We're going with this to be effective. We don't need the permit on the stage. You're going to have to file a plat. It's going to have to be sealed. It's going to have to be surveyed long. Bill knows all that. There was a request to waive the contour requirement. Second law. Second law. Yeah. And since they're not asking for any use of it, they're actually going to get a deferment on it. Right. Before sometimes they use it. They're going to have to do it on course. It's a large law. There's not a lot of reasons to do a topographical survey. No, I agree. Unless you tend to do something with it. So I'm looking at the criteria. I think they've met all the criteria, except for the ones that obviously we've met. You're going to retain both properties, so we'll need to see the survey filed within six months. And it's going to remain, both law is going to remain in your names, but there'll be new needs. They need to be filed. Also, same time. Do you have any further you want to add about the project? We should go about it. I'm looking for something exciting here. Yeah. It's Christie's first night. I guess a contingent on the approval of the committee tonight, there is a waiting period. 30, 45 days. Is that contingent? Does that period start from now, or when the permit is issued? There'll be a period of time between now and the permit being issued. It takes Christie a while to write these. We need to review them. This is going to probably be a little longer than the first one, because this is her first one. I was just curious on that. She needs to get used to us and we need to get used to her. But then, once the permit is issued by Tom, there is an appeal here. But very frankly, appeal is going to only be filed by people who are parties, and nobody has asked for party status. The best of my knowledge, Tom. So it would be hard to have appeal. It would be very hard to appeal. Thank you. The only person who will appeal is the town of Berlin. But that is 30 days after this. Yeah, 30. This is the first one. All right, thank you for that. Second. The motion has been made. We have a second to close the hearing. Discussion on that motion? All those in favor of that motion, please signify by saying no. Aye. Opposed? This hearing is closed. Thank you. Thank you. Thanks. We have one more order of business tonight. That's the minutes of our last meeting. I had a number of comments on those, which I frankly shared with Carla, because she could do the findings. And she has done that. She's incorporated my work with the changes. Did not give us a revised minutes though, did she? No. I did not see her. Did everyone here see my memo? Yes. It was out. Yes. We don't care, Bob. I wasn't here, so I can't attest to them one way or the other. But I was not here either. Well, there was one or two typographical things happening with exit versus existing. But the big thing was that there was some discussion on the 100-year flood that needed to be changed. And I suggested the changes that she... I don't know where the 125-year base came from, but that's... I don't think they gave me 75 years, so... Is there such a thing? Well, there is. But you rarely ever use it for anything first. It's a hundred or... I always say a hundred or something. The years is actually a probability thing. Right. The 1% chance is a 100-year flood. It really is 1% flood. So I suggested some of this would be stricken, and some would be changed. I think... I'm going to ask Carla to... She has all of this in writing, and all of you have seen my comments in writing, so I'd like to make the motion that we accept the minutes as amended as revised. I move. Second. And it was to be made second to accept the minutes and the revisions I've proposed. And I'll also finish with that motion. I'm going to have to see if I can say aye. Aye. I'm opposed. The minutes of July 17th as amended. Do we have any other business that's going to be delivered tonight? Delivered a session. Do we have to deliberate? Yeah, we're going to do a session. I say we won't record for them. We will not be recording delivered a session. Do we have another hearing on September 4th? Correct. So do I have a motion to go to the session? So do it. Second. Okay, motion to be made in a second? I'll be again. Second. Bye.