1994/04/27
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A public hearing of the Berlin Zoning Commission was called to order on April 27, 1994 by
Chairman Joseph Suranna at 7:00 p.m. in the Town Meeting Room, Town Hall, to consider
the following:
a. Zone change request of Ditman Realty to change the zone of Lots 51
and 52, Block 142, located on the easterly side of Wilbur Cross Highway,
1600 feet south of the intersection of Middletown Road, from Planned
Elderly Development (PED) and General Commercial-l (GC-l) to
Planned Office Residential-2 (POR-2).
The required signs posted by the applicant were undersized. The applicant
will re-post the signs, and the public hearing will be heard on May II, 1994.
b. Zone change request of William. C. Kilpatrick to change the zone of Lot 4,
Block 142, Middletown Road from Planned Elderly Development (PED)
to Residential 21 (R-21).
In attendance: Commissioners Robert Ballml'lnn, Kenneth lovin, Alan Ladd, Kathryn
Kearns, Dr. Martin Harwin, Salvatore Messina, and Geraldine Wagner.
Following this hearing, the Regular Meeting of the Berlin Zoning Commission was call~ to-
order by Chairman Joseph Suranna in Room 7 at 7:45. In attendance: Commissioners ~_~
Robert Baumann, Kenneth lovin, Alan Ladd, Kathryn Kearns, Dr. Martin HarWjn,Salvatore,;
Messina, Geraldine Wagner, and Town Planner William Voelker.
No one spoke for the Audience of Citizens.
The minutes of the April 13, 1994 Regular Meeting were reviewed. A motion to approve
them was made by Commissioner Kearns and seconded by Commissioner Jovin. The motion
carried unanimously.
The minutes of the April 26, 1994 Special Meeting were reviewed. A motion to approve
them as amended was made by Commissioner Ladd and seconded by .Commissioner Kearns.
The motion carried unanimously.
There were no communications or applications.
Chairman Suranna stated as Commissioner Wagner's had signed a petition concerning the
Zone Change Request of the Fox Hill Land Co., on town counsel's advise, she would be
unable to participate in the discussion or vote for that item. Commissioner Wagner
consented to the decision.
The request for a fill permit of Jet Development, Chamberlain Highway was reviewed. The
applicant's proposal to construct a six foot high fence around the perimeter of the property
was discussed. The proposed fence's six foot height in front of the front building line and
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was discussed. The proposed fence's six foot height in front of the front building line and
across the front of the property would not conform with Berlin's regulations but concerns for
safety and dumping were discussed. After discussion, a motion to approve with conditions
the application of jet Development Corp. to fill 46,000 cubic yards of material at Lot 13,
Block 12, on the west side of the Chamberlain Highway, north of Reservoir Road was made
by Commissioner Kearns and seconded by Commissioner lovin. The motion was
unanimously approved. Voting: Commissioners Baumann, Kearns, Messina, Suranna, and
lovin. The effective date of this motion is May 4, 1994. The conditions of approval are:
1. There shall be no more than 46,000 cubic yards of material of clean fill
material deposited.
2. Dust controls be provided to the Town Engineer's satisfaction.
3. Adherence to the specific requirements of Section 11.30 through 11.33
of the Berlin Zoning Regulations.
4. Chamberlain Highway to be cleaned as required.
5. Erosions controls be installed.
6. Traffic control be maintained as approved by the Berlin Police Dept.
7. Hours of operation be limited to between 7:00 A.M. and 5:00 P.M.,
Monday through Friday, excluding legal holidays, Saturdays and Sundays.
8. Receipt of a fee in the amount of $50 per 1,000 cubic yards of material.
9. Receipt of a bond to be set by staff.
10. All fill areas will be stabilized with loam and seed upon completion.
11. This permit will expire three years after its effective date.
12. Removal of all visible, foreign material and construction debris.
13. Construction of a fence in compliance with all applicable statutes.
The application of William. Kilpatrick was then reviewed. Commissioners Ladd and
Messina noted comments of the residents who spoke at the hearing were favorable. After
discussion, a motion was made by Commissioner Iovin to approve the application of William
C. Kilpatrick to change the zone of Lot 4, Block 142, Middletown Road from Planned
Elderly Development (PED) to Residential 21 (R-21) and seconded by Commissioner
Messina. Voting: Commissioners Baumann, Kearns, Messina, and Suranna. The effective
date for this action is May 4, 1994. The reasons for this approval are:
1. The decreased residential development of the R-21 zone will have no adverse
impacts on surrounding properties.
2. The R-21 density may result in a decrease in demand for municipal services.
3. Development patterns under the R-21 designation are compatible with that
of the surrounding area.
4. This application is not in conflict with the Plan of Development.
Before review of the Zone Change Request of the Fox Hill Land Co. began, Commissioner
Messina disqualified himself from the discussion and vote and left the meeting at 8: 15 p.m.
Commissioner Kearns stated her concerns for the application of the Fox Hill Land Co. to be
the topography of the property, the wetlands, and permitting denser development in that area.
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She stated that after listening to the testimony, she could not determine a valid reason to
change the permitted zone which, in her opinion, is consistent with the neighborhood.
Commissioner Harwin stated his opinion that the property was purchased with an R-43 zone
and should be developed in accordance with its original designation and intention as when
purchased. Commissioner Baumann stated his concerns were the environmental contraints
and wetlands of the area and that the existing zone is consistent with the area. After
discussion, a motion to deny the zone change application of the Fox Hill land Co. to change
the zone of Lots 3, 3A, 38, 3C, 3D, 3-1, 4, 4A, 4B, and 5, Block 141 located on the
northerly side of Spruce Brook Road and westerly side of Wilks Pond Road from Residential
43 (R-43) to ResidentialZl (R-21) was made by Commissioner Kearns. The motion was
seconded by Commissioner lovin and carried unanimously. Voting: Commissioners
Baumann, lovin, Kearns, Ladd, and Suranna. Commissioner Wagner abstained from
discussion and voting.
A motion to adjourn was made by Commissioner Harwin and seconded by Commissioner
Kearns. The motion carried unanimously, and the meeting adjourned at 8:50 p.m.
Respectfull y submitted,
Salvatore J. Messina, Secretary
Frances M. Semnoski, Recording Secretary
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