Berlin board approves variance and conditional use to restore hardware store and add three apartments at 3 Harrison Avenue

The Town of Berlin Board of Appeals voted May 19 to approve a conditional-use permit and variance for the Atkins Company to rebuild a hardware store with three apartments above at 3 Harrison Avenue (Parcel 1276, tax map 0300) in Berlin’s M‑1 Light Industrial zone.

The applicant sought relief from required setbacks and an option to remove and replace the foundation within the existing footprint if structural work requires it. The board’s approval followed testimony that the site has hosted the company’s buildings for roughly 100 years and a recent fire destroyed one building, prompting redevelopment plans.

Mark Spencer Crawford, attorney for the applicant, told the board the proposal is a continuation of a long-standing use and cited the zoning provisions the board may rely on in granting conditional uses. The applicant’s consultant, identified in the record as David Ryvancic of GMB, told the board the first floor would be about 3,816 square feet, the second floor roughly the same, producing a total of about 7,638 square feet with about 2,500 square feet dedicated to residential space "including stairwells, mechanical room," and the remainder for offices and storage.

Ryvancic also described the setback relief sought: the town’s rear-yard requirement to the railroad had been 50 feet, the south-side yard requirement 15 feet and the front-yard requirement 30 feet; the existing building sits at roughly 13.2 feet from the front and effectively 0 feet on the side and rear. "We're merely asking to retain the use of the building as a hardware store and continue operation as been serving the community for over 100 years," he said.

Board members questioned whether the building could be shifted to improve residential setbacks if a new foundation were required; the applicant said foundation replacement would be sought only if the existing foundation proved inadequate and that the intent was to rebuild "in kind" within the existing footprint unless structural needs required otherwise. The applicant reported an off‑site and on‑street parking plan (an adjacent lot with 32 spaces plus additional on‑street spaces) and said the total supply would exceed the code requirement of 21 spaces.

A matter of particular attention was the status of Harrison Avenue immediately in front of the parcel: whether it is a public right‑of‑way or an express public easement. The applicant referenced a 2013 town attorney letter calling it an "express public easement," while board members said the field survey would govern and noted the board would require a usable public way in front of the property as a condition of approving retail and residential uses.

Staff recommended approval of both the conditional-use and variance requests with conditions including adherence to the representations in the application materials, satisfaction of commercial design and site‑development requirements, obtaining necessary outside approvals before permits are issued, and meeting building‑safety and foundation requirements. The motion to approve — made by a committee member and seconded by another board member — included one explicit condition that Harrison Avenue be recognized as a street or public right‑of‑way through to Baker Street. The board voted in favor and the chair confirmed the company may proceed subject to the stated conditions.

The board entered the applicant’s neighbor support letter (dated 05/11/2026 from Steve and Pamela Green) into the file. No formal appeals or further hearings on this item were announced at the meeting; the approval is conditioned on the listed staff requirements and resolution of right‑of‑way documentation as noted by the board.