Berlin planning commission directs staff to draft zoning amendments to comply with special-session PA 25-1

The Berlin Planning & Zoning Commission on Thursday opened a detailed review of proposed zoning changes to implement Connecticut's special-session Public Act 25-1, directing staff to prepare a draft amendment package and return with a public-hearing-ready proposal.

Staff told the commission the packet includes a 107-page bill and condensed drafts intended to be phased; they recommended starting with definitions and summary-review procedures that affect the commission's daily permitting work. "It's a 107 pages that was distributed to all the commission's commissioners," one commissioner said of the bill. Staff said the first phase will cover sections 11 through 21 and the provision addressing parking.

Why it matters: The state law contains new as-of-right allowances for certain kinds of middle housing in transit-oriented areas, changes to parking requirements and summary-review procedures that let projects proceed without a discretionary public hearing if objective criteria are met. Those changes could alter how Berlin evaluates small multifamily and mixed-use conversions and affect where the town can require design guidelines or affordable-housing set-asides.

What the commission heard: Staff explained "summary review" as a process that permits approval without a public hearing or special permit when a site plan demonstrably meets the regulations and will not "substantially impact" public health and safety. Commissioners debated whether summary review should be a staff-level administrative determination or a commission-level decision and whether allowance of summary review precludes later ZBA variances.

Legal concern and ambiguity: Several commissioners and the town's legal advisor warned the statute contains ambiguous terms that were rushed through the legislature with minimal public hearings. One legal advisor said some provisions "are gonna have to be litigated," and commissioners noted uncertainty over terms such as "transit oriented" and how the new middle-housing categories (e.g., duplex/triplex/perfect sixes/cottage clusters) apply to parcels and building configurations.

Affordability and thresholds: Staff proposed including an affordability component in local standards and suggested a 20% set-aside in larger developments; commissioners said feasible thresholds should account for small developments and market realities, suggesting lower or sliding-scale approaches for smaller projects.

Next steps: Staff will revise the working draft to reflect tonight's guidance — prioritizing definitions, summary-review process language and mapping questions — then circulate an updated proposed regulation for further commission direction and a possible public hearing. The commission scheduled follow-up discussion sessions before final adoption.

The meeting adjourned following a voice vote after commissioners agreed on further work sessions.