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Commission gives preliminary approval to Burley Street reconfiguration, waives second hearing

Berlin Planning Commission · January 14, 2026
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Summary

The commission preliminarily approved a plan to consolidate six older lots on Burley Street into three, citing a historical loss of frontage on back lots as a hardship; the commission also voted to waive a second hearing and delegated final plat review to staff, drawing concern from nearby residents.

Allison Dusaf presented a proposal to reconfigure a recorded six‑lot plat on Burley Street into three lots, explaining the change would address driveway spacing and visibility and allow a small garage to be built for a homeowner.

Commissioners and staff discussed whether the six lots exist in current legal records, the history of a now‑abandoned rear street, and whether approving a flag/flagged (easement) lot would set precedent. Town staff warned that approving a flag lot without a unique hardship could expose the town to claims of arbitrary treatment in later cases.

After discussion, Commissioner S12 moved for preliminary approval of the reconfiguration from six lots to three, citing two hardship conditions: that three deeded lots already existed in the rear and that those lots originally fronted a public roadway that was later closed. The commission voted in favor of preliminary approval.

Separately, Commissioner S1 moved to waive the normally required second hearing, stating the second hearing would not change findings for this case, and to leave the final plat review to administrative staff; that motion was seconded and approved. A nearby resident, identified as Patricia, told the commission she did not know a subdivision existed on Burley Street and expressed concern that the reconfiguration would alter the character of the neighborhood.

Commissioners said the preliminary approval would include explicit language documenting the hardship rationale and that staff would handle final plat confirmations and any necessary conditions at administrative review.