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Berlin parking lot granted variances by BZA; Town’s request largely due to lease not allowing for paving of existing parcel

A sketch plan calls for more than 100 parking spaces in the lot at the corner of West and Washington streets. Town officials say it will remain grass for the first season.

By Tara Fischer

Staff Writer

A new public parking lot planned for the corner of West and Washington streets in Berlin will not be paved and will likely be grass in its first season with only modest improvements.

The Town of Berlin has struggled to increase its available parking supply for years. To remedy the issue, the Berlin Mayor and Council recently entered an arrangement with William Esham, Jr. to lease a vacant 2.13-acre lot on the west side of West Street. The space will provide over 100 spots.

The parking lot was before the Berlin Board of Zoning Appeals last week. Berlin Mayor Zack Tyndall presented the parking lot plan, as the Mayor and Council are the official applicants of the proposal.

“It’s no surprise that a small town that’s 157 years old was not built for the car traffic we have today,” Tyndall said. “We hear that first and foremost with, whether it’s from our businesses, whether it’s from folks that live in town trying to go to the dentist or the eye doctor, parking is a challenge … It’s something we are trying to alleviate. Will this lot do it on its own? Probably not, but it’s part of a very integral puzzle in getting our parking lots up to where they need to be to hold the volume of traffic we are trying to bring in.”

The mayor added the lack of available parking spaces impacts the revenue businesses can bring in. If there isn’t room for all the visitors who want to enjoy Berlin, they won’t shop or dine at local establishments.

“What we found through the strategic planning process is a cap on what our businesses can really see in the form of revenue and folks visiting their shops,” Tyndall said. “We are trying to provide that additional service of parking and hoping it provides some secondary economic benefits as well.”

The mayor went before the board to seek waivers for a few requirements currently outlined in the town code. To get the lot off the ground, Tyndall asked that the mandate that a lot be graded and surfaced with asphalt or other similar materials be abandoned for this particular project.

Esham, the property owner, has stipulated in the lease agreement between himself and the town that paving is prohibited. Had the requirement not been waived, the town would have had to terminate the contract and forgo the $60,000 already paid with ARPA funds. However, the Berlin Board of Zoning Appeals ultimately agreed to allow the town to move forward with the initiative without the surfacing condition.

According to Tyndall, the Esham family requested the lot not be paved with blacktop because the contract was simply a lease arrangement. The town did not buy the property.

“This is a trial to see if it will work,” Tyndall said. “The Eshams want to make sure that if it doesn’t work, they can still turn it into something viable for the town and them. We want to try to do it in a way that if it is viable, we can do something other than a lease and maybe make those improvements at a future date.”

The mayor added the town’s public works department will make improvements to the grass area to get the lot “up and running” for the upcoming season.

“Hopefully if it’s successful, next year we will move into some form of a solid surface,” Tyndall said.

The mayor also requested that the current code requiring curbing or buffering and landscaping, such as including ornamental trees, be waived. The property owners have asked that a fence be installed instead.

“The look [of the fence] we would be going for is basically the fence you would have in your front yard,” Tyndall said to BZA Chair Joe Moore. “…  We want to keep with the aesthetic of downtown and the neighboring properties.”

The Board of Zoning Appeals granted the landscape variance request.

The town also requested some leeway to the code requirement that the parking area be located 20 feet from any street line and every residential lot line.

David Gaskill, attorney for the town, said the mandate is met under the current concept plan, but he and the town would like some breathing room if any changes were made to the proposal.

“The ordinance requires that every off-street parking area for more than five vehicles should be located at least 20 feet from any street line and from any residential lot,” Gaskill said. “If you look at the concept plan, it appears to be well over 20 feet right now, but … this is a concept plan, and it may not change, but if we do need that extra space, I would like to have the opportunity to have that provision waived.”

Gaskill noted if the mandate is waived, the town could commit to a minimum 15-foot setback. The attorney pointed out that other lots in town do not meet this requirement. However, the zoning board maintained the 20-foot provision should be upheld.

The parking lot discussion yielded comments from the public.

Berlin resident Carol Rose expressed concern that the parking lot could lower property values.

“If someone would need to unexpectedly sell their home, I think having this parking lot there would be a hindrance to getting a fair price,” she said.

Tyndall assured the town would do its best to ensure that the project had as little impact on property values as possible, reminding attendees the town’s primary revenue source if property tax revenue.

Rose also asked that more be done to beautify the area, such as landscaping with the help of the municipality’s horticulture group. Still, the zoning board maintained the suggestion and ones like it would be more fleshed out when the proposal came before the planning commission.

Resident Betsy Love expressed her concerns with potential traffic increases on Washington Street with the new lot. Jimmy Charles, Berlin’s public works director, hopes the parking spaces will alleviate some vehicle congestion. The new lot will allow visitors to head straight to the designated parking lot rather than searching along town streets as is the case currently.

“Traffic on Washington Street is high right now,” Charles said. “When people come to events, they are searching every street for an open spot. With this plan, we will have signage directing people, and … we hope to relieve the people driving around.”

The zoning board voted to grant the town’s request to waive the paving and landscaping requirements for the new lot planned for West and Washington streets. The group agreed to uphold the 20-foot setback minimum.

The lease extends for 10 years. Tyndall said that a fee to park will likely be implemented, but the amount and timing is unknown. The town is to pay the property owners $30,000 in rent for years one, two, and three and $35,000 for years four and five. The rent will increase 3% annually for years six through 10.

“We are exploring the use of ParkMobile because we need to break even on the lease for the lot,” Tyndall said. “We have used American Rescue Plan Act funds to cover year one and year two, but it’s a 10-year lease and we want to have a sustainable path forward. It’s possible there would only be a fee during peak times.”