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Berlin commission approves rezoning request on Gay St.

(Feb. 18, 2016) Asked to consider rezoning four properties on Gay Street, the Berlin Planning Commission on Wednesday briefly debated its own authority within the scope of town planning.
Patrick Vorsteg, who recently purchased an empty lot on 15 Gay Street, asked for a zoning change from R-1 residential to B-1 town center district. His intention, he said, was to build a two-story building similar to others in downtown Berlin, with storefronts on the ground floor and apartments overhead.
He said he envisioned a square-front building with glass front windows and awnings. The property borders Wainwright’s Tire Center, and is close to Berlin Coffee House and The Globe restaurant.
Vorsteg gathered signatures from three other property owners, on 13, 19 and 21 Gay Street, who all endorsed the idea and asked to be included in the zoning change.
Planning Director Dave Engelhart said Berlin staff, including the town administrator, favored the idea, and that he and Vorsteg had discussed the project for more than a year.
“We were going to do some kind of overlay districts, adjoining the downtown, in the future anyway,” he said. “That would give [the area] a little more flexibility.”
Commission member Pete Cosby said he liked the idea, but wondered if the entire street could be redeveloped at once. Vorsteg, however, said the owners of the adjoining properties– all currently residences – did not appear to be interested in selling or mutually developing at this time.
He added that he was not in a position to buy up the entire street, either.
“I’m still very much a carpenter,” he said. “I was doing pretty good to get this piece of property.”
Two other commission members, Ron Casio and John Barrett, also appeared to sign off on the zoning change – although both expressed concerns about the flexibility it would offer others in the future. Both mentioned the possibility of “metal buildings” several times.
“If you do this right, it would be a huge improvement and a sign to other people with how they could improve their properties,” Casio said. “This is going to increase the tax base without any downsides … however we can work with you, let’s do it.
“I think it’s a great idea. I think this is how the town needs to grow – from within, rather than [through] annexation,” Casio continued. “I’m all for it. The only concern is what it looks like.”
In order to protect the area, Casio suggested the commission amend the motion to include the entire area within the town’s historic district. Engelhart disagreed, saying that addition was not necessary.
“I’m of the opinion you don’t need the historic guidelines – you don’t need to make that a stipulation,” he said, adding that the commission would have the protection of reviewing any other developments on that street. “It’s in the ordinance. You passed an ordinance last year that you have to approve any [new developments].”
Casio argued that the commission essentially had no authority in Berlin “if you bring the right lawyer in.”
“You’re worried about nothing,” Engelhart said. “If that’s your criteria, you should decide nothing.”
“The historic district, at this point, is the only tool that we have to possibly control the looks of the building,” Casio said. “If we had what we’ve been asking for a while – this power everywhere – then we probably wouldn’t be talking about [adding the historic district].”
The commission briefly considered tabling the motion entirely, asking Vorsteg if he would come back next month with signed letters from each homeowner endorsing the addition of the historic district stipulation.
Engelhart, however, reminded the commission that at this point they were simply recommending something to the Berlin Town Council. Final approval would require at least two more public meetings, and a public hearing.
The final motion, to rezone all four parcels commercial and enter them into the historic district – with the consent of each property owner – passed 5-1. Chris Denny opposed.