1994/06/08
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The Regular Meeting of June 8, 1994 of the Berlin Zoning Commission was called to
order at 7:00 p.m. by Chairman Joseph Suranna in Room 7, Town Hall. In attendance:
Commissioners Robert Baumann, Dr. Martin Harwin, and Kathryn Kearns. Excused:
Commissioner Salvatore Messina. Absent: Commissioners Kenneth Jovin, Alan Ladd,
and Geraldine Wagner. Also present: Town Planner William Voelker and Attorney
Kenneth Slater, representing Town Counsel Stephen Anderson.
No one spoke for the Audience of Citizens.
The minutes of the May 25, 1994 meeting were reviewed and a motion to approve them
as amended was made by Commissioner Kearns, seconded by Commissioner Baumann,
and carried unanimously.
There were no communications or new applications to present.
At the request of Zoning Inspector Roger Gaudio, Mr. Thomas Maier and Mr. John Maier
appeared before the commission to respond to a complaint from Mr. John Stanton,
Stockings Brook Road, about the hours of their excavation operation on Stockings Brook
Road. Mr. Voelker stated town officials had visited the site and the work being done was
in the area as specified by the permit obtained 2 years prior; however, the permit had
expired as of
April 1, 1994. Mr. Stanton said his concerns were the operation on the site of heavy
equipment during hours that were not in accordance with the hours stated in the permit;
specifically, Monday through Friday, 7:00 a. m. to 5:00 p.m., Monday through Friday,
excluding holidays. Both Thomas and John Maier spoke about the difficulties of
operating a seasonal business. They stated operation of the heavy equipment must
conform to OSHA standards which includes the installation of warning beepers for
vehicles operating in reverse. Commissioners Baumann, Harwin, and Suranna stated .
that use of equipment for working on site, not hauling, is permissible in accordance :with)
the conditions of the permit. Commissioner Kearns stated excavating, moving materials ~
and/or operating equipment on site are violations of the permit. Mr. Voelker stated he
would obtain a legal opinion from Town Counsel and stated Mr. Stanton would receive a "
copy. The Maiers stated an application for renewal of the permit would be submitted
during the next business day.
A motion to go into executive session for the purpose of discussing the Arbor Commons
litigation (Joseph Wisniowski, subdivider) was made by Commissioner Baumann and
seconded by Commissioner Harwin. Also present: Planning Commission Chairman
Dennis Kern and Planning Commissioners Joan Carey and Timothy Zigmont. The
motion carried unanimously and the executive session began at 7:30 p.m.
After discussion, a motion to come out of executive session was made by Commissioner
Baumann and seconded by Commissioner Kearns. The motion carried unanimously.
Continued...
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Zoning Commission Meeting of June 8, 1994
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Mr. Thomas Gerdis, at the request of Zoning Inspector Roger Gaudio, joined the meeting
to review a complaint that he was filling his property on Seymour Road. Mr. Gerdis
explained that he was bringing in approximately 100 yards of fill in order to level the
ground and that he had the intention of obtaining permission to run an auction in order to
remove all of the building and materials which have accumulated on his property.
Chairman Suranna stated a request would be made to Engineering Department staff to
visit the site to assess the amount of fill and determine if a fill permit will be required.
The commission agreed the Special Meeting which had been tentatively scheduled for
June 13, 1994 need not be held. The next meeting will be the regularly scheduled
meeting of June 22, 1994.
A motion to adjourn was made by Commissioner Kearns and seconded by Commissioner
Baumann. The motion carried unanimously and the meeting adjourned at 8:40 p.m.
Respectfully submitted,
Salvatore J. Messina, Secretary
Frances M. Semnoski, Recording Secretary
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