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Commission debates whether Kensington overlay qualifies as a transit-oriented district under the new law
Summary
Commissioners discussed whether the town’s Kensington Village Overlay District meets the statute’s transit-oriented criteria and whether to apply middle-housing allowances beyond the overlay to selected commercial corridors, while weighing map changes, setbacks, parking and design guidelines.
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Berlin planning commissioners spent substantial time examining whether the existing Kensington Village Overlay District qualifies as a "transit-oriented" district under Public Act 25-1 and debating how broadly to apply new middle-housing allowances.
Staff displayed zoning maps of the Kensington Village district, explained the overlay’s purpose language — promoting pedestrian, mixed-use village development within walking distance of the train station — and noted the overlay’s half-mile radius is consistent with the statute’s walkability standard. "The village… promote the development of transit-oriented, pedestrian-friendly, village-type environment within walking distance of the train station," staff read from local regulations.
Several commissioners argued the overlay’s design standards and the half-mile radius make Kensington a natural candidate. "It does qualify," one staff speaker said when asked about the overlay’s fit with statutory criteria. Other commissioners pushed broader options: identify underperforming commercial corridors (Webster Square, Berlin Turnpike pockets) where selective text amendments or plan-development overlays could encourage mixed use and revive vacant or weak commercial properties.
Key local considerations raised included setbacks and bulk rules (for example, a 240-foot setback for residential uses on parts of the Berlin Turnpike), building-height limits across commercial zones, whether to allow multiple buildings per parcel to reach statutory unit thresholds, and how reduced parking requirements for smaller TOD projects would affect neighboring commercial uses. Commissioners suggested targeted inventory work to identify candidate parcels rather than applying wholesale changes across all commercial zones.
Next steps: staff will revise the mapping language in the draft amendments and include illustrative maps showing which commercial zones might be eligible for middle housing, plus options for design-guideline requirements and exceptions for nonconforming lots. The commission agreed to continue discussion at follow-up sessions before scheduling any public hearing.

