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.
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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.
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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