2005/08/25
Berlin Planning & Zoning Commission - Regular Meeting Minutes
August 25, 2005
ICall to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on August 25, 2005 in the
Town Council Chambers, 240 Kensington Road, Berlin, CT. The meeting was called to order at
7:00 P.M.
In attendance
Chairman Bruce Moore
Commissioners Joan Carey, Ronald Edelson, Mark Kaczynski, Kevin Murphy, Robert Weiss
Alternate Andra Millerd (seated)
Director of Development Services Hellyn Riggins
Excused
Commissioner Timothy Zigmont
Alternate Commissioners Matthew Beatman, Terri Paventi
IIAcceptance of Minutes
a.July 14, 2005 Regular Meeting
Mr. Murphy moved to approve the minutes.
Ms. Carey seconded the motion which carried unanimously.
b.July 28, 2005 Regular Meeting
Mr. Edelson moved to approve the minutes.
Mr. Weiss seconded the motion which carried unanimously, with one abstention (Mr. Murphy)
c.August 11, 2005 Regular Meeting
Mr. Edelson moved to table review of the minutes.
Ms. Carey seconded the motion which carried unanimously.
IIIRequest for Bond Reductions
a.Request of Joseph Wisniowski for a bond reduction, Arbor Commons Subdivision
Ms. Riggins stated that at the last meeting, the Commission approved a waiver for the
installation of a sidewalk in front of Mr. Wisniowski’s home to allow a 95 year old Sugar Maple
tree to be saved. A condition of the waiver was that an agreement will be placed on the Land
Records that will state the sidewalk will be installed if the surrounding area is developed and
Berlin Planning and Zoning Commission Regular Meeting Minutes - August 25, 2005 – Page 2
sidewalks installed. She stated that condition should remain in place as a condition of the bond
reduction and that the current bond still includes the sidewalk that was waived.
Mr. Wisniowski stated that agreement is currently being reviewed by Town Counsel.
Mr. Edelson moved to approve the bond reduction, with the condition of approval as voted for
the sidewalk waiver to remain in place and a bond covering the sidewalk. Mr. Murphy seconded
the motion which carried unanimously.
IVOther Business
a.Request of James F. Ripper for a 90 day extension for filing an approved
subdivision, Asal Subdivision, Four Rod Road
Mr. Edelson moved to approve the 90 day extension. Mr. Murphy seconded the motion which
carried unanimously. The expiration date of this extension will be December 5, 2005.
b.Revocation of a portion of the performance bond, Worthington Ridge Investment
LLC, 1340 Worthington Ridge, for public improvements
Ms. Riggins stated that the Agent to the IWWC has stated there is remaining work related to the
wetlands, and a permit has been taken to complete that work.
Mr. Edelson moved to continue the agenda item to the next meeting. Ms. Carey seconded the
motion which carried unanimously.
VPublic Hearings
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 August 11, 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 August 11, 2005)
Mr. Murphy moved to combine both items a. and b.; Mr. Weiss seconded the motion which
carried unanimously.
Mr. Tom Regan, Esq. Brown Rudnick Berlack Israels LLP, Hartford, CT, representing the
applicant, stated the final set of plans addressing all concerns has been submitted.
Ms. Riggins stated revised architectural elevations have been received; she distributed them to
the commission.
Mr. John Herzog, project manager, stated some copper detail will be added to the bay windows.
He stated the cupola on the club house may be removed. He reviewed color selections with the
commission.
Mr. Dennis Kern, resident in the village of Kensington within the Town of Berlin, speaking on
behalf of the Berlin Land Trust, stated an agreement has been reached between the Land Trust
Berlin Planning and Zoning Commission Regular Meeting Minutes - August 25, 2005 – Page 3
and Toll Bros. for the environmental protection of the area and the stream, in particular. That
th
agreement is summarized in his memorandum dated August 11, 2005. He asked the
commission give full consideration to each of the approximate ten comments. A proposed
conservation easement is also proposed. He submitted a copy for the record, stating full
agreement has not been reached with the Toll Bros.
Attorney Regan thanked the Land Trust for their cooperation. He stated for the record that the
project meets all the requirements of the Special Permit process.
Mr. Kaczynski read two communications from the Berlin Land Trust into the record.
In response to Commissioner Carey’s question, Mr. Herzog stated the entrance sign will not be
internally illuminated.
Mr. Tom Daly, MacBroom & Milone, stated the sign is set back approximately 40 or 50 feet; and
the Department of Transportation will have to be consulted for its final setback.
Mr. Weiss noted it was stated by Mr. Kern that the conservation easement agreement between
the Land Trust and the developer remains unresolved; he stated that could create a problem if the
hearing is closed.
Attorney Regan stated the applicant and the Land Trust have agreed upon the implementation of
a conservation easement, although not its specific language.
Mr. Edelson moved to close the hearing. Mr. Weiss 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 (Continued from
August 11, 2005)
Attorney Peter Evans, Rogin, Nassau, Caplan, Lassman & Hirtle, LLC, represented the
th
applicant. He stated the Board of Police Commissioners held a Special Meeting on August 24
to discuss the ingress and egress points to the site. Mr. Thomas Coccomo, Shuttle Meadow
Development LLC, and Mr. Bruce Hilson, traffic engineer, had attended the meeting and were
advised by the Police Board that access and egress could only be directed onto Farmington
Avenue. Emergency egress only onto High Road may be considered. He submitted a revised
plan and acknowledged there had been no time for staff to review the plan. He noted there are
twenty days left in the applicant’s current extension and the applicant could request another
extension if needed. The McGee house will be removed from the site.
Mr. Moore stated both staff and the commissioners will need time to review the newly submitted
plan.
Attorney Evans stated the only significant change to the plan is traffic related; other changes are
minor.
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Mr. Jack Gilmartin, Hewitt Engineering, stated the McGee house on the site will be removed to
allow for the proposed traffic flow onto Farmington Avenue. He reviewed the layout. The
parking lot will be significantly reduced. The caretakers unit has been relocated. The number of
units will remain the same for the rental units; however, the building’s footprint will be smaller.
Drainage will be basically the same. The buildings all remain behind the 100 foot buffer. Water
pressure should not be a concern.
Mr. Bruce Hillson, Traffic Engineer, Traffic Engineering Solutions, submitted a revised Traffic
Impact Study for the record. He stated the previous report dated June, 2005 is no longer
applicable. Mr. Hillson read Officer Tralli’s conclusion which states the revised plan submitted
this evening is the best plan for traffic flow. Mr. Hillson stated site lines are more than
acceptable and levels of service are excellent. He stated his opinion that traffic generated from
the proposed developed will be readily incorporated into the flow on Farmington Avenue.
Attorney Evans stated there are no proposed changes to the drainage system; however, the
engineer is present and available for questions.
Mr. Craig Laliberte, Craig A. Laliberte Architects, Ivoryton, CT., reviewed changes to the
architectural plans. An “L-shaped” building is now proposed, reducing the length of the
project’s longest building by 38 feet.
Mr. Phil Barlow, Landscape Architect, TO Design, Hartford, CT., provided an overview of the
planting plan which has seven components. The lighting of the parking lot will be illuminated
with 3-1/2 to 4 feet high lights.
Mr. Moore stated a recent applicant, Toll Bros., submitted a computer photosimulation of a
proposed project which showed various views. He stated although its submittal is not required, it
proved to be a valuable tool for the commission.
Attorney Evans stated a photosimulation will be submitted. He also stated for the record he
will be unable to attend the next meeting. With regard to Mr. Rocco’s concern as stated at the
last meeting that his land may be non-conforming based on his contract to sell the applicant a
portion of his land, Attorney Evans stated a map has been submitted to the Planning Office
which shows his property will remain conforming.
Mr. Tom Zigmont, 311 Lincoln Street, and property owner of two parcels on High Road,
commended the effort of the developer to adjust the traffic entrance/exit; however, his concerns
for the wetlands and major flooding problems remain. He stated the project doesn’t fit the
character of the neighborhood.
Mr. Bart Guthrie, 49 Dayl Drive, stated his gratitude to the Police Board for its recommendation
for the traffic ingress/egress onto Farmington Avenue. He stated his concern for the potential of
the project’s negative effects on the environment. He stated according to the Municipal Code,
the need for development must be demonstrated, and he could find no evidence that that had
been done.
Mr. William Watson, 141 Dayl Drive, read his letter of opposition dated August 25, 2004 into
the record.
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Mr. Todd DeGroff, 220 Crater Lane, stated his support of this project which will provide
affordable, age-restricted development in Berlin.
Mr. Dan Parsons, Four Rod Road, stated support of the project which will allow residents to
remain in Berlin.
Ms. Elvira Zotter, Cornwall Road, asked if the project is only for age-restricted residents.
Mr. Tim Oakes, 225 High Road, stated his support of the project.
Mr. Henry Brochetti, 29 Dayl Drive, asked about the design layout of the project. He stated he is
opposed to the rental units.
Mr. Keith Wizora, 71 Dayl Drive, spoke in opposition to the project. Water problems and
lighting were two concerns.
Attorney Evans stated there is no zone change associated with this application.
Ms. Susan Rathenberger, 98 Mooreland Road, stated her concern that clear cutting of the site
would happen. She stated she is unsure this project is compatible with the surrounding
neighborhood.
Ms. Grace Abrahamson asked how many similar developments are in Berlin. She stated
opposition to the project.
Mr. Moore stated there are approximately 856 units for age-restricted development. He noted
there is a Moratorium for Age-Restricted Development currently in place to study the issue. He
stated this application was submitted prior to the implementation of the moratorium.
Mr. James Balduc, 23 Mooreland Road, asked how is age-restricted housing enforced.
Mr. Moore stated deed restrictions and income review will be part of the qualification procedure.
Ms. Eleanor Bouchard, 318 High Road, asked why rental units are proposed.
Ms. Riggins responded that as part of a special permit application for “independent living”, a
certain number of the units are required to be affordable.
Ms. Melinda Martin, 85 Windsor Road, stated the Farmington Avenue access way will be
located close to the driveways of both Hungerford Park and a church. She stated High Road is a
busy road to serve as an emergency access. She stated the proposed plan is not compatible with
the neighborhood. She stated a concern for the nearby high tension wires.
Mr. Tom Redman, 79 Dayl Drive, stated opposition to the application.
Mr. Weiss moved to continue the public hearing. Mr. Murphy seconded the motion which
carried unanimously.
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Mr. Weiss moved to call a five-minute break. Mr. Edelson seconded the motion which carried
unanimously.
Mr. Edelson moved to come out of recess. The meeting resumed in five minutes with the same
commissioners in attendance. Mr. Weiss seconded the motion which carried unanimously.
d.Special Permit Use Application of Michael Hamrah for a 2 Bay Automatic Car
Wash at Lot 11A, Block 83, Deming Road (Continued from July 28, 2005)
Attorney Dennis Kern, Village of Kensington, Town of Berlin, represented the applicant.
Mr. Bart Bovee, P.E., MBA Engineering, stated an alternative driveway for the site is proposed
and is shown on the plan which he distributed to the commission. He reviewed details of the
plan. A more detailed landscape plan will be submitted, if requested by the commission.
Mr. Tom Aloof, Virginia, reviewed the franchise business associated with the project.
Attorney Kern stated there are two issues – first, the composition of the roof and the color of the
roof. The moist air generated from the business will not allow a wooden roof with asphalt
shingles. He submitted photos of examples of buildings with various color roofs. He stated a
Design Review Committee has not been implemented, as suggested by the Plan of Conservation
and Development. He stated the applicant will accept what the Commission’s decision with
regard to the roof color.
Mr. Moore noted the application will be voted on its merit and not be denied or approved on the
color of the roof.
Mr. Bovee stated the driveway has been relocated in accordance with the Traffic Officer’s
comments.
Mr. Aloof stated additional landscaping can be added to break up the length of the brick wall.
Mr. Bovee stated low maintenance plantings will be used around the detention pond, and stated
additional landscaping will be added. No fencing is proposed. The lighting will be directed
downward.
Mr. Aloof stated there will be no entrance sign. All signage will be on the building or just small
“enter” and “exit” signs and will not be illuminated.
Ms. Riggins stated the applicant has stated a willingness to work with staff with regard to the
landscaping. She stated she had met with Mr. Kern and Mr. Hamrah concerning the color of the
roof and the slate grey roof was preferable.
Mr. Edelson moved to close the hearing. Mr. Murphy seconded the motion which carried
unanimously.
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VIOld Business
a.Review, in accordance with Section 8-24 of the Connecticut General Statutes, the
proposed addition to the Building Maintenance shop
Building Maintenance Manager John Pajor stated a revised map showing the relocation of the
4,000 sq. foot addition of the maintenance building and landscaping. Mr. Pajor reviewed the
plan. Mr. Pajor said after a discussion with Town Engineer Ferraro, the salt storage facility is
not a part of this application, as its footprint is to be determined. Mr. Pajor stated when the salt
shed is added, another 8-24 review will be done.
Mr. Edelson moved to forward a favorable recommendation to the Town Council for the
proposed addition to the Building Maintenance shop, Town Farm Lane.
Mr. Murphy seconded the motion.
Discussion
Mr. Weiss stated a site plan amendment application will need to be submitted to the Commission
if the Town Council votes favorably on the request. Mr. Moore concurred.
The motion carried unanimously.
b.Fill Permit Application of Meriden Water Division at the west side of the
Kenmere Reservoir
Ms. Riggins stated the filling of the site has stopped and the applicant is not ready to continue
with this agenda item.
Mr. Edelson moved to continue the item to the next meeting’s agenda. Ms. Carey seconded the
motion which carried unanimously.
c.Site Plan Amendment of Coccomo Brothers Associates LLC for an industrial
building and office at Lot 84C, Block 76, 212 Old Brickyard Lane
Mr. Thomas Coccomo, Coccomo Brothers Associates, 1897 Berlin Turnpike, presented the
application. He stated the use of the property will be industrial in nature. The residential use of
the existing building will be turned into an office. He noted a discrepancy on the plan - the door
will be centrally located; the architect has it incorrectly placed on the plan. No changes will be
made to the rear elevation. He noted the left side of the building is also incorrectly shown; there
will be no windows on that wall. He addressed staff comments. Regarding Ms. Riggins'
inquiry as to why the garage doors are so large, he stated the building is a speculation building
and the larger doors may be needed. He stated with regard to what use is proposed, the business
owner who locates on the property will need to speak with town officials before locating the
business.
Ms. Riggins stated parking must be considered; current parking is not adequate. She reviewed
permitted uses in the Planned Industry zone and stated any of those uses will require additional
parking.
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Mr. Moore asked if the site would support more parking for the “heaviest” use of the zone.
Ms. Riggins stated the office use would; however, the location of the nearby pond must be
considered. If this application is approved, she suggested that the following conditions be
placed on the approval:
a.All staff comments will be addressed.
b.Adequate parking for the future use of the site will need to proved before a
Certificate of Occupancy is issued, and any change to the parking will require
Planning and Zoning Commission approval.
c.Submittal of correct architecturals before issuance of a building permit.
d.A Certificate of Occupancy will not be issued until the residential use of the
building has been discontinued.
e.Submittal of a bond in an amount to be determined by staff.
Mr. Weiss moved to approve the application, subject to the above conditions. Mr. Murphy
seconded the motion which carried unanimously.
d.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
Ms. Riggins stated the applicant has worked with the commission and staff regarding the layout
and has agreed to address all staff notes.
Mr. Edelson moved to approve the application.
Mr. Murphy seconded the motion.
Discussion
Mr. Weiss stated based upon all the discussions, the applicant has complied with all concerns.
Ms. Riggins stated the conservation easement is not defined as well as she would prefer.
Mr. Edelson moved to amend his motion to include the following conditions:
a.Submittal of a bond in an amount to be determined by staff.
b.All staff notes to be addressed.
The motion carried unanimously.
Mr. Weiss moved to combine Items e. and f. Mr. Murphy seconded the motion which carried
unanimously.
e.Subdivision Application of Toll Bros., Inc. for a three lot subdivision at Lot 21,
Block 153 and Lot 24, Block 153, Berlin Turnpike
f.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
Berlin Planning and Zoning Commission Regular Meeting Minutes - August 25, 2005 – Page 9
Ms. Riggins stated the applicant has agreed to all staff notes. There are no staff issues.
Mr. Moore stated the approval should incorporate all the Berlin Land Trust issues, as read into
the record.
Mr. Weiss stated the conservation areas should be marked.
Mr. Edelson moved to approve the application, subject to:
a.All staff comments to be addressed.
b.The agreement with the Berlin Land Trust will be part of the approval.
c.Staff to coordinate the conservation easement and to whom it would be granted.
d.Submittal of a bond in an amount to be determined by staff.
e.The conservation easement will be marked.
Mr. Weiss seconded the motion which carried unanimously.
g.Special Permit/Site Plan Applications 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
Ms. Carey moved to continue this item to the next agenda. Mr. Murphy seconded the motion
which carried unanimously.
h.Special Permit Use/Site Plan Applications of Michael Hamrah for a 2 Bay
Automatic Car Wash at Lot 11A, Block 83, Deming Road
Mr. Edelson moved to approve the application.
Mr. Kaczynski seconded the motion.
After discussion, Mr. Weiss amended his motion to include the following conditions:
a.The roof color will be Slate Grey.
b.Landscaping will be coordinated with Staff.
c.Submittal of a bond in an amount to be determined by staff.
Mr. Kaczynski amended his second, and the motion carried unanimously.
VIIDirector’s Comments
Ms. Riggins asked the commissioners for their e-mails, if they wish to provide them to her for
communication purposes.
VIIICommissioners’ Comments
There were no comments.
IXCommunications
There were no additional comments.
Berlin Planning and Zoning Commission Regular Meeting Minutes - August 25, 2005 – Page 10
XAdjournment
Ms. Carey moved to adjourn. Mr. Kaczynski seconded the motion which carried unanimously.
The time was 11:28 p.m.
Respectfully submitted,
Frances M. Semnoski
Land Use Administrator