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2005/08/11 Berlin Planning & Zoning Commission - Regular Meeting Minutes ICall to Order The Berlin Planning and Zoning Commission held a Regular Meeting on August 11, 2005. The meeting was called to order at 7:20 P.M. in the Town Council Chambers, 240 Kensington Road, Berlin, CT. In attendance Chairman Bruce Moore Commissioners Ronald Edelson, Robert Weiss, Timothy Zigmont (joined the meeting at 7:20 p.m.) Alternate Commissioner Matthew Beatman (joined the meeting at 7:30 p.m. and was seated) Director of Development Services Hellyn Riggins Excused Commissioners Joan Carey, Mark Kaczynski, Kevin Murphy Alternate Commissioners Andra Millerd, Terri Paventi IIAcceptance of Minutes a.July 14, 2005 Regular Meeting Mr. Edelson moved to table acceptance of the minutes. Mr. Weiss seconded the motion which carried unanimously. b.July 28, 2005 Regular Meeting Mr. Beatman moved to table acceptance of the minutes. Mr. Weiss seconded the motion which carried unanimously. IIIRequest for Bond Reduction a.Request of James F. Ripper, Esq. for a bond reduction, Sunny Ledge Condominiums, New Britain Road Ms. Riggins stated the detention area has been constructed. The item had been bonded for $20,000, and Ms. Riggins recommended that an additional $10,000 may be released, leaving $10,000 held for that work. She clarified that the original reduction was proposed to be reduced to from $144,072 to $130,632; the additional release of $10,000 will necessitate the bond figure to be reconfigured by staff. Mr. Edelson moved to reduce the bond, as stated, Mr. Weiss seconded the motion which carried unanimously. IVOther Business a.Site Plan revision, Arbor Commons Subdivision, Joseph and Wanda Wisniowski, 933 Kensington Road Berlin Planning and Zoning Commission – August 11, 2005 – Meeting Minutes – Page 2 Ms. Riggins stated the Wisniowski’s are requesting a sidewalk waiver in order to save a 95 year old Sugar Maple tree located in front of their home. In their letter they agreed to place a note on the Land Records stating that should the sidewalks ever be constructed on that side of the street, the tree would need to be sacrificed in order to connect the sidewalks. Mr. Wisniowski submitted a copy of a proposed legal document to be placed on the Land Records. Mr. Weiss moved to approve the request for the sidewalk waiver, with the following condition: a.Approval of the proposed agreement by the Town Counsel. Mr. Edelson seconded the motion. Discussion Mr. Zigmont asked if Ms. Riggins had visited the site to determine if there would be an alternate plan to install the sidewalks around the tree. Ms. Riggins stated wherever the sidewalks would be installed, the tree would be endangered. The motion carried unanimously. VNew Business a.Fill Permit Application of Meriden Water Division at the west side of the Kenmere Reservoir Ms. Riggins stated the applicant has requested the item be tabled to permit proper review of staff comments. Mr. Weiss moved to table the application. Mr. Edelson seconded the motion which carried unanimously. b.Site Plan Amendment of Jerzy Pytel for a juice bar at Lot 51A, Block 142, 1427 Berlin Turnpike The applicant was not present. Mr. Weiss moved to deny the application without prejudice. Mr. Zigmont seconded the motion. The motion carried unanimously. Berlin Planning and Zoning Commission – August 11, 2005 – Meeting Minutes – Page 3 c.Site Plan Amendment of Coccomo Brothers Associates LLC for an industrial building and office at Lot 84C, Block 76, 212 Old Brickyard Attorney Peter Evans, Rogin, Nassau, Caplan, Lassman & Hirtle, LLC, stated his client, Mr. Coccomo, is proposing to abandon his non-conforming, grandfathered use and use the property in accordance with current regulations. Mr. Beatman joined the meeting at this time (7:30 p.m.). Mr. Jack Gilmartin, Hewitt Engineering, stated the garage use will be an industrial building, used for industrial use. The existing house will be converted to an office. Mr. Gilmartin stated several drafting errors have been corrected. The major impact to the revised plan has been the recalculation of parking. Ms. Riggins stated the revised plan was submitted a day before this meeting. The town engineer and agent to the Inland Wetlands and Water Courses Commission have not had adequate time to review the proposed drainage. She stated no architecutrals renderings have been submitted for this application. Mr. Zigmont stated the application is incomplete. Mr. Zigmont moved to deny the application without prejudice. There was no second of the motion. Mr. Moore stated there is adequate information to allow the application to be tabled. Mr. Zigmont moved to continue consideration of the application to the next meeting. Mr. Edelson seconded the motion which carried unanimously. VIPublic Hearings Mr. Weiss moved to combine the following items. Mr. Beatman seconded the motion which carried unanimously. a.Subdivision of Toll Bros., Inc. for a three lot subdivision at Lot 21, Block 153 and Lot 24, Block 153, Berlin Turnpike (Continued from July 14, 2005) b.Special Permit Use Application of Toll Bros., Inc. for a development of active adult housing units in accordance with Section XI.AA. of the Berlin Zoning Regulations at Lot 21, Block 153 and Lot 24, Block 153, Berlin Turnpike (Continued from July 14, 2005) Mr. Thomas Regan, Esq., Brown Rudnick Berlack Israels LLP, Hartford, CT, stated the Inland Wetlands and Water Courses Commission has approved the revised plan which this commission has seen. The revised plan reduced the number of units to 95 and Berlin Planning and Zoning Commission – August 11, 2005 – Meeting Minutes – Page 4 necessitated the revision of the economic impact study, which he submitted for the record. Tom Daly, P.E., Milone and MacBroom, Cheshire, stated there are two minor revisions. He provided the commission with a written response to staff comments. He stated the conservation easement has been expanded. Attorney Regan submitted four photosimulation views, in accordance with the commission’s request. Mike Liberatine, Vanesse, Hangen Brustlin, Middletown, CT, licensed environmental professional and Director of Environmental Services, submitted four photosimulation views, in accordance with the commission’s request. He reviewed the details of the computerized views. Attorney Regan stated the traffic engineer is not present at this meeting. Dennis Kern, Kensington section of Berlin, stated he was representing the Berlin Land Trust. He stated the concern of the Land Trust is the nearby stream which is the sole source for the fauna on Lamentation Mountain. Negotiations with Tolls Bros. Inc. have been held and he stated the concerns of the Land Trust have been met and should the application be approved, he asked the commission to make those stipulations part of the approval. A written copy of those conditions are part of the record. He stated the Land Trust would like to have the conservation easement area increased to the bermed area. Attorney Regan stated Toll Bros. has no objections to any of the ten conditions, as well as the Land Trust’s suggestion to move the conservation easement to the bermed area. There were no other speakers. Mr. Zigmont moved to continue the public hearing. Mr. Edelson seconded the motion which carried unanimously. c.Special Permit Application of Shuttle Meadow Development LLC for an Independent Living Facility at Lot 4, Lot 1-A-1, Lot 77 and Lot 78, Block 29E at 198 Farmington Avenue, 213 High Road and 225 High Road Mr. Moore read the Call of the Hearing. Attorney Peter Evans, Rogin, Nassau, Caplan, Lassman & Hirtle, LLC, stated there had not been a quorum at the last Inland Wetlands and Water Courses Commission’s August meeting; therefore, no decision may be made by this commission this evening. The th Police Commission has called a Special Meeting for August 24 to consider the project’s revised plan with regard to the ingress and egress to the project. Traffic Engineer, Bruce Hilson, has done some extra work and that will be presented at the next meeting. Berlin Planning and Zoning Commission – August 11, 2005 – Meeting Minutes – Page 5 Architect Craig Liberatore was unable to attend this meeting and will be present at the next meeting. Mr. Jack Gilmartin, Hewitt Engineering, stated the site will be combined into one parcel of land; a 46 unit complex is proposed with some privately owned homes and rental units. The minimum setback line from all residential abutters is 100 feet. There are two portions of wetlands. A caretaker’s unit is proposed. He reviewed the two systems of the drainage plan. Mr. Mark Fischer, TO Design, Hartford, CT, reviewed the two major components of the landscaping plan. Mr. Fred Clark, P.E., provided a brief overview of the proposed drainage on the site. He stated the system is primarily an overall series of subsystems with catch basins. He stated his opinion the system more than adequately protects for up to ten year flows and beyond that. Mr. Thomas Coccomo, member of the Shuttle Meadow Development LLC, 656 Toll Gate Road, reviewed the architectural renderings. Attorney Evans stated the units are age restricted, 55 and over. The rental units are proposed in order to comply with the zoning regulations to allow their construction in an R-15 zone which will mean the applicant is required to provide 40 percent of the units as “affordable units”. Quoting current median incomes, he stated those figures, as related to this project, will mean the income for two occupants will be approximately $36,000 annually and for a single occupant, approximately $31,500 a year. He also stated for the record that the applicant had met with neighbors in May and the feedback which was received from them was their general consensus was a preference to have nothing develop on the site. He further stated for the record that the family of the largest parcel for the project wishes to sell the property and they have stated if Mr. Coccomo does not go forward with this project, they will seek another developer. Each condo unit will have a garage. The parking for the 19 rental units will be “surface” parking. Speakers: Mr. Paul Johnson, 178 Farmington Avenue, corner of Lincoln and Farmington Avenue, stated opposition for the parking lot for the rental units which will be located 30 feet from his property line and the size of the apartment building, stating he was opposed to having its location so close to his backyard. Mr. Dino Rocco, 213 High Road, stated he understands there is more of his property being developed that was originally proposed and has a concern that his property will become nonconforming. Mr. Tom Zigmont, 311 Lincoln Street, and owner of two other properties on High Road, stated he doesn’t oppose development of the subject property, but is opposed to that Berlin Planning and Zoning Commission – August 11, 2005 – Meeting Minutes – Page 6 development’s being an apartment building. He stated the intersection has a history of flooding and related safety issues. He stated the lighting from the parking lot has the potential to create problems for neighbors. He stated, based on his experience as a police officer for 32 years and living in the neighborhood, the proposed exit from the project will create a dangerous situation. He stated the detention area will create a hazard for the young children in neighborhood. He stated his strongest objection to the project is the rental apartments. He stated concern for enforcing the 55 and over age restriction. Ms. Lynn Alquist, 186 Farmington Avenue, stated her concern is the proposed apartment building and parking lot because their construction doesn’t work with the abutting development. Traffic is also a concern. Ms. Donna Lasher, 256 Farmington Avenue, asked where the sewers will be tied in and if the number of units will effect their water pressure. She stated the potential to have grandparents who are over 55 babysitting grandchildren on a daily basis and asked how that could be managed. Mr. Gary Reidel, 30 Huckleberry Road, stated utilities may also be a problem to the site. He also stated a concern for safety for the entrance to the site. Mrs. Grace Abrahamson, 59 Dayl Drive, stated opposition to having a rental building behind her property. Attorney Evans stated the concerns expressed at this meeting will be best addressed by the project’s architect and traffic engineer at the next meeting. Mr. Edelson moved to continue the public hearing to the next meeting. Mr. Beatman seconded the motion. Discussion Mr. Zigmont asked what development concepts could be constructed on this site with an R-15 zone. Mr. Moore stated if the applicant wishes to provide that information he may, but it is not required. Attorney Evans stated a conventional, single family subdivision would be possible, perhaps eighteen, twenty or more houses, as the parcel is eleven acres. Ms. Riggins requested the materials which were used during this hearing will need to be left for the record. Attorney Evans said copies would be provided within a day or so. Ms. Riggins stated normally the material is required to be left. Berlin Planning and Zoning Commission – August 11, 2005 – Meeting Minutes – Page 7 The motion carried unanimously. VIIOld Business a.Review, in accordance with Section 8-24 of the Connecticut General Statutes, the proposed addition to the Building Maintenance shop. Ms. Riggins advised that Building Maintenance Manager John Pajor is on vacation and had requested this item be continued. Mr. Edelson moved to table the item. Mr. Weiss seconded the motion which carried unanimously. b.Special Permit Use/Site Plan Applications of Midsun Group, Inc. for an age-restricted, adult housing development at Lots 12 and 13, Block 90, 378 Four Rod Road. Mr. Zigmont moved to continue the item to the next meeting. Mr. Edelson seconded the motion which carried unanimously. Mr. Edelson moved to combine the next two agenda items. Mr. Beatman seconded the motion which carried unanimously. c.Subdivision Application of Toll Bros., Inc. for a three lot subdivision at Lot 21, Block 153 and Lot 24, Block 153, Berlin Turnpike d.Special Permit Use/Site Plan Applications of Toll Bros., Inc. for a development for 95 active adult housing units in accordance with Section XI.AA. of the Berlin Zoning Regulations at Lot 21, Block 153 and Lot 24, Block 153, Berlin Turnpike Mr. Edelson moved to continue the agenda items to the next meeting; Mr. Beatman seconded the motion which carried unanimously. e.Special Permit Application of Shuttle Meadow Development LLC for an Independent Living Facility at Lot 4, Lot 1-A-1, Lot 77 and Lot 78, Block 29E at 198 Farmington Avenue, 213 High Road and 225 High Road Mr. Weiss moved to continue this item to the next meeting. Mr. Edelson seconded the motion which carried unanimously. VIIIDirector’s Comments There were none. IXCommissioners’ Comments There were no comments. XCommunications Berlin Planning and Zoning Commission – August 11, 2005 – Meeting Minutes – Page 8 There were no additional communications. XIAdjournment Mr. Weiss moved to adjourn. Mr. Zigmont seconded the motion which carried unanimously. The time was 9:45 P.M. Respectfully submitted, Frances M. Semnoski Land Use Administrator