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2006-05-25 Berlin Planning & Zoning Commission Regular Meeting Minutes - May 25, 2006 ICall to Order The Berlin Planning and Zoning Commission held a Regular Meeting on Thursday, May 25, 2006 in the Council Chambers, Berlin Town Hall, 240 Kensington Road. The meeting was called to order at 7:00 P.M. In attendance Vice-Chairman Robert Weiss Commissioners Joan Carey, Ronald Edelson, Kevin A. Murphy, Kevin J. Murphy Alternate Commissioner Terri Paventi (seated) Hellyn Riggins, Director of Development Services Excused Chairman Bruce Moore Commissioner Mark Kaczynski Alternate Commissioners Matthew Beatman; Brad Parsons IIAcceptance of Minutes a.Regular Meeting – January 12, 2006 Mr. Murphy moved to approve the minutes. Ms. Carey seconded the motion which carried with two abstentions (Edelson, Weiss) b.Regular Meeting - May 11, 2006 Ms. Paventi moved to approve the minutes. The motion was seconded by Mr. Edelson and carried with one abstention (Carey) IIIScheduling of Public Hearing a.Excavation Permit of Thomas C. Maier to excavate 5,000 +/- cubic yards of material at Lot 5, Block 15, Southington Road Suggested Date:June 22, 2006 Ms. Riggins stated in accordance with Berlin Zoning Regulations, an approved, two-year excavation permit may only be renewed twice - for a total of six years. Mr. Edelson requested the Director to review that regulation, stating his disapproval of putting people out of business. It was the consensus of the commission not to schedule the public hearing. Ms. Riggins stated she will forward a letter stating that to the applicant. The following two agenda items were added for the purpose of scheduling public hearings. Berlin Planning and Zoning Commission - May 25, 2006 Meeting Minutes - Page 2 Ms. Carey made the motion to add the applications; Ms. Paventi seconded the motion which carried unanimously. b.Scheduling of a public hearing for proposed amendments of Timothy Mulcahy, PDS Engineering and Construction, Inc. for modifications for the gross floor area requirements for retail establishments. Ms. Carey moved to schedule the public hearing for July 13, 2006. Mr. Kevin J. Murphy seconded the motion which carried unanimously. c.Proposed Amendment of Jeffrey Cugno to the Zoning Regulation for the Office Technology (OT) Zone: Continuing Care Facility Ms. Carey moved to schedule the public hearing for July 13, 2006. Mr. Kevin A. Murphy seconded the motion which carried unanimously. IVNew Business a.Site Plan Amendment of Toll CT. Limited Partnership for a site plan amendment, Toll Bros. Residential Development, Berlin Turnpike Mr. Thomas Regan, Esq., Hartford, stated there are two proposed changes to the site plan. One is to turn the clubhouse and the other is to offer a 2 car garage. Mr. Tom Daley, Malone & MacBroom, reviewed the proposed changes. He stated the clubhouse will stay within the same approved footprints of its building and the parking will remain the same. The two car garage units will be available for the interior units at 22 locations. The storm water management calculations were re-run and there are no changes due to the changes to the impervious surface. He briefly reviewed architectural drawings. Mr. Daley clarified that the option for the two car garage will only be offered in pairs in order to keep the symmetry of the site. Mr. Ed DePhilips, Toll Bros., stated the Berlin Land Trust has reviewed the proposal and has submitted a letter stating its support of the proposal. The consensus of the commission was to approve the changes. b.Fill Permit of Andre Doyon to fill 2,000 +/- cubic yards of material, 100' x 20', at Lot 42B, Block 71, Chamberlain Highway Mr. Doyon presented the application. He apologized to the commission, explaining he was unaware a permit was needed. He said he has been filling his property for the past three years. Recently, his neighbors noticed and complained. He stated he was 170' away from wetlands and 80' from the conservation easement line. In response to commissioners' questions, he stated his plan was to fill the site with topsoil and plant vegetation; his plan was not an engineered plan; the majority of the fill was from Sebethe Drive in Cromwell and had not been tested. Berlin Planning and Zoning Commission - May 25, 2006 Meeting Minutes - Page 3 Ms. Riggins stated the Conservation Commission has concerns and noted there are wells in the area. She stated an engineered plan should be submitted and testing to at least Phase I should be done on the soil. Mr. Doyon stated he would obtain an engineered plan and the soil will be tested. No further action was taken. VOther Business a.Request of Lawrence J. Legenza for a 90 day extension to the subdivision approval, Kensington Valley Estates, Chamberlain Highway Ms. Riggins stated the bond amount is being calculated. She recommended granting of the extension. Mr. Kevin A. Murphy moved to grant the 90 day extension. Ms. Carey seconded the motion which carried unanimously. This extension will expire on June 7, 2006. Mr. Kevin A. Murphy moved to combine the following two agenda items. Ms. Carey seconded the motion which carried unanimously. b.In accordance with Section 8-24 of the Connecticut General Statutes, review and recommendation, Street Acceptance, Olisky Boulevard, Toll Gate Subdivision c.In accordance with Section 8-24 of the Connecticut General Statutes, review and recommendation, Street Acceptance, Watch Hill, Toll Gate Subdivision In response to the commissioners' request at the last meeting to have more information provided to them regarding the proposed sale of a market priced lot to be sold as an "affordable" lot, Mr. Jon Leary, Esq., stated the confusion is the result of the developer, Mr. Louis Valentine, inadvertently crossing out and initialing a legal document filed in the Land Records. He stated Lot 7-43 is in the process of being purchased and although the restrictive covenant states the lot is affordable, that is not what is indicated on the map. He stated the following the following ten lots have been sold as affordable: Phase I7; 7-2; 7-4; 7-33; and 7-41All restrictive covenants correctly identify these lots as affordable. Phase II7-10; 7-15; 7-19, 7-46, and 7-49 All of these lots have been sold as affordable Attorney Leary submitted the restrictive covenant with the crossed off Lot 7-46, initialed by Mr. Valentine. He stated the buyers have signed amendment which will correct the situation at hand. Mr. Edelson moved to forward a favorable recommendation for the Street Acceptance of Olisky Boulevard, Toll Gate Subdivision and Street Acceptance of Watch Hill, Toll Gate Subdivision. Mr. Kevin A. Murphy seconded the motion. Berlin Planning and Zoning Commission - May 25, 2006 Meeting Minutes - Page 4 Discussion Ms. Carey stated concern for the drainage area in which she said large rocks had been place. Ms. Riggins stated a final review of the as-built by the Engineering staff should be done. Mr. Edelson amended his motion to include the following condition: a.Subject to a final review and approval of the as-built by Engineering staff. Mr. Murphy amended his second to include the condition, and the motion carried unanimously. VIOld Business Ms. Paventi moved to combine the following two agenda items. Ms. Carey seconded the motion which carried unanimously. a.Site Plan Amendment of Nadeau Builders, LLC for a 5,000 sq. ft. new commercial building at Lot 11, Block 83, Deming Road. b.Site Plan Amendment of Nadeau Builders, LLC for a new commercial/office building at Lot 10, Block 83, Deming Road Mr. Bovee stated the plans will be revised to address Ms. Riggins comments. Mr. Kevin A. Murphy moved to continue the item. Mr. Kevin J. Murphy seconded the motion which carried unanimously. VIIDirector’s Comments There were none. VIIICommissioners’ Comments IXCommunications There were no additional communications. XAdjournment Ms. Carey moved to adjourn the meeting. Ms. Paventi seconded the motion which carried unanimously. The time was 8:15 p.m. Respectfully submitted, Frances M. Semnoski Land Use Administrator Berlin Planning and Zoning Commission - May 25, 2006 Meeting Minutes - Page 5