By Tara Fischer

Staff Writer

(July 16, 2026) The Berlin Planning Commission began a review last week of proposed changes to the site plan review process to clarify the commission’s role in development projects and define when revised plans must return for additional review.

Emily Morris, the town planning department’s legal consultant, said many of the proposed amendments are intended to upgrade the town code to provide clearer direction for developers, town staff, and the planning commission.

“The intent of this revision is to take current code and bring it into reality and how you’ve been operating,” Morris told commissioners.

One of the biggest changes discussed involved the timing of zoning certificates. Morris said the existing code states that a zoning certificate is issued after a building is constructed, a process she said creates unnecessary complications if a project fails to comply with zoning regulations.

To address the concern, Morris proposed adjusting the process, so a zoning certificate becomes part of the permitting phase before construction begins, followed by a certificate of occupancy after the project is completed to verify that everything was built according to approved plans.

Morris also said the code should more clearly distinguish between preliminary and final site plan reviews, particularly for larger projects.

She said while commissioners review a site’s overall layout, technical components like stormwater management, utilities, and engineering, are typically completed between preliminary and final reviews by professionals and reviewed by town staff and consultants.

Commission member Newt Chandler maintained that the commission is not equipped with the expertise to make certain technical determinations.

“We’re not professional stormwater people,” he said. “Same with electrical utility.”

He said the commission has historically focused on whether a development meets zoning requirements such as setbacks, lot lines, and building placement, while relying on engineers and town consultants to ensure technical standards are satisfied before final approval.

Town consultant Sharon Cruz said that in her experience, many jurisdictions follow a multi-stage review process in which stormwater and electrical issues are resolved before projects return for final approval.

“Many of the jurisdictions I represent have a multi-stage process,” she said. “Preliminary review handles the original thoughts to get the feedback from the planning commission a basic layout. And then, in between preliminary site plan process and final site plan process, is where the applicant’s consultant does the things like stormwater design, the utility design, so by time it comes back for final site plan review by the planning commission, all of those issues are already addressed…

“So you would not need to be a stormwater professional or an electrical engineer and know that the town’s consultants have already handled those things.”

A major focus of the discussion centered on what should happen if approved site plans change during the permitting process.

Commission chair Matt Stoehr said the issue has arisen before because the current code does not clearly state when applicants must return to the planning commission after making revisions.

“There have been cases where we have done a final site plan review and something has changed in the site plan and that particular applicant felt like they don’t need to come back in front of the planning commission because it is not concrete in our code,” he said.

Morris said the proposed revisions include new definitions distinguishing “minor” and “major” site plan changes. Minor adjustments, such as slight shifts caused by utility easements or changes to stormwater infrastructure, could potentially be handled administratively by town staff, while more significant changes affecting building placement, density, traffic circulation, or open space would require another review by the commission.

Chandler said staff should have flexibility to approve small changes, but major revisions should return to the commission.

“If there’s a major one, we can take another look at it. That’s what we’re here for,” he said.

Consultants also recommended establishing clearer procedures for determining what types of modifications trigger another public review.

Planning staff proposed several additional ideas for commissioners to consider, including requiring site plan review for commercial uses that do not involve constructing permanent buildings.

Morris pointed to the former Yaks and Tracks operation near Berlin Beer Company as an example, saying the business began operating without a site plan review, resulting in parking issues and confusion.

“It was total chaos,” she said.

She also suggested commissioners consider standards limiting extensive tree clearing along major corridors.

Morris said the commission will hold a work session in August to review the draft in greater detail and develop recommendations before forwarding proposed amendments to the Berlin Town Council.

“The idea is to get your feedback and then it goes to the council,” she said. “They want to know you guys are incorporating what you want.”