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2008-08-28 Berlin Planning & Zoning Commission Meeting Minutes August 28, 2008 I Call to Order The Berlin Planning and Zoning Commission held a Regular Meeting on August 28, 2008 at 7:00 p.m. in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road. In attendance: Chairman Bruce Moore Commissioners Mark Kaczynski, Kevin A. Murphy, Brad Parsons Director of Development Services Hellyn Riggins Excused: Commissioners Ronald Edelson, Gary Marzi, Robert Weiss Alternate Commissioners Keith Bostrom, Terri Paventi, Steve Wollman II Review/Acceptance of Minutes a. August 14, 2008 Commissioner Parsons moved to table review of the minutes. Commissioner Kaczynski seconded the motion which carried unanimously. III Request for Bond Reduction a. Request of Geoffrey W. Sager for a bond reduction, Stonebridge Berlin II Associates Limited Partnership, Stonebridge Phase 2 Director Riggins stated some trees and shrubs need to be replaced, and there is material on site which needs to be removed. Commissioner Murphy moved to reduce the bond from its current amount of $33,000 to $8,250. Commissioner Parsons seconded the motion which carried unanimously. IV Public Hearing a. Proposed Zoning Amendment of Legion Square Associates, addition of subsection "i" to Section VI 3 of the Berlin Zoning Regulations to permit gasoline filling stations in the CCD-2 zone in limited circumstances Attorney Timothy Furey, 43 Belleview Avenue, Bristol, CT, presented the application on behalf of Legion Square Associates. Attorney Furey stated he had met with Director Riggins and she indicated she would like additional time to review the application. He stated the applicant requests and agree to a continuation of this public hearing. He submitted a highlighted map which indicated the areas of CCD-2 in Berlin, all within the Farmington Avenue area. He stated his study of the properties in the Farmington Avenue and surrounding areas in indicate that most properties are less than an acre, averaging one to one and a half acres, with very few over two acres, and mostly developed. In Berlin's 2003 Plan of Conservation and Development, a recognized goal was to protect the business and economic base and find creative ideas to develop the "downtown" area. He Berlin Planning and Zoning Commission Meeting Minutes - August 28, 2008 - Page 2 stated his opinion that this text amendment is consistent with these goals. He stated a detailed statement would need to be submitted for the required special permit application to build a gas station; the commission could require a traffic study and an environmental statement; and, the application can be referred to regional agencies. He stated the amendment has been designed with a series of requirements and controls to limit the effects on the nature of the site. The amendment would allow a gasoline filling station, excluding minor repairs, as part of a complex of structures comprising a shopping center with a principal building containing a principal tenant occupying not less than 60,000 square feet. A second building for a service kiosk cannot be larger than 100 square feet. Storage tanks will be underground. Only motor oil and other fluids for motor vehicles will be allowed to be stored outside. The architectural style and design will be consistent with the principal building. He stated Richard Hays, applicant, was also present. Chairman Moore read the Call of the Hearing. Speakers Mr. Len Zielenski, 24 Winesap Road, stated he had supported Stop and Shop's locating in Berlin, and from testimony given at this meeting, there is an intent for Stop and Shop to locate a gasoline station on the site. He stated the Town is working to attract pedestrian traffic to this area and stated his concern for the closeness of the Town Center Park. He stated his opinion this amendment would increase automotive traffic and his opposition to the proposal. With regard to staff comments which had been forwarded to his office, Attorney Tim Furey stated his opinion that it is not "proper" to mix site specific comments with those for a text amendment. Commissioner Murphy moved to continue the public hearing to the next meeting, September 11, 2008. Commissioner Kaczynski seconded the motion which carried unanimously. V Old Business a. Proposed Zoning Amendment of Legion Square Associates, addition of subsection "i" to Section VI 3 of the Berlin Zoning Regulations to permit gasoline filling stations in the CCD-2 zone in limited circumstances Commissioner Kaczynski moved to continue this agenda item to September 11, 2008. Commissioner Parsons seconded the motion which carried unanimously. Berlin Planning and Zoning Commission Meeting Minutes - August 28, 2008 - Page 3 b. Revocation of Bond, Webster Bank's Letter of Credit 16049974-73, Coccomo Brothers Associates, LLC, Angela Estates, Sugar Maple Lane Director Riggins stated her disappointment that the applicant was not in attendance. She stated the final as-built for the subdivision shows the completed sidewalks are in the Town's right of way and must be relocated. She said the Town Engineer has indicated the work cannot be done without the involvement of street work. She stated although the bank has extended the Letter of Credit for one year, a timetable for the completion of the work is necessary. Commissioner Murphy moved to continue the agenda item, with the condition that the applicant's attendance at the next meeting is mandatory. Commissioner Kaczynski seconded the motion which carried unanimously. Correspondence will be forwarded to Mr. Thomas Coccomo requesting his attendance at the next meeting on September 11th. c. Request of Tracy Cooney for a reduction of a required buffer, 38 Eastbrook Terrace Mr. Kyle Cooney, 38 Eastbrook Terrace, stated he had met with Ms. Riggins and his pool installer regarding his request to reduce a buffer from 15' to 12'. A sidewalk and landscaping around the pool will be installed; the fence will be a black, estate style fence. Director Riggins clarified that what Mr. Cooney's plan shows is not descriptive of what is being discussed. She stated only the fence, which should be an estate style fence, will be located in the buffer area. Chairman Moore stated the original buffer for this lot, as part of an approved open space subdivision, was 50' which was later reduced to 15' by an action of this commission. He stated the creation of this lot is not indicative of the original intent of open space subdivisions. Chairman Moore stated, although he understands the Cooneys' request for the setback reduction is for safety concerns, his opinion is the lot should have not been approved as a building lot, due to the difficulties caused by the constraints of the buffer requirements. Commissioner Murphy moved to approve the request for a reduction of a required buffer from fifteen feet to twelve feet for the installation of a pool, landscaping and fence at 38 Eastbrook Terrace, with the following conditions: a. The sidewalk will be three feet wide and will abut the buffer line. b. The sidewalk will be installed to the property's buffer line of fifteen feet, with the fence's location to be three feet inside the buffer. c. Only the fence, which will be a black, estate style fence, will encroach into the buffer line by three feet. d. The property owner will work with staff regarding the detail of the landscaping. Commissioner Kaczynski seconded the motion which carried unanimously. Berlin Planning and Zoning Commission Meeting Minutes - August 28, 2008 - Page 4 Director Riggins stated Attorney James Ripper, applicant for the following three agenda items has verbally requested their continuance to the next meeting. She noted the applicant will submit his request in writing for the record. Commissioner Murphy moved to continue the following three agenda items to the next meeting: d. Request of James F. Ripper, Esq. for an extension of site plan approval, Sunny Ledge Condominiums, New Britain Road e. Request of James F. Ripper, Esq. for modifications to the approved plan of Sunny Ledge Condominiums, New Britain Road f. Request of James F. Ripper, Esq. for an interpretation of the term "agricultural use" as it relates to the Berlin Zoning Regulations Commissioner Parsons seconded the motion which carried unanimously. g. Review and recommendation in accordance with Section 8-24 of the Connecticut General Statutes, for the construction of a parking lot and handicapped accessible walking trail at Bicentennial Park Chairman Moore stated the commission typically does not take testimony for a review for a Section 8-24 item; however, the commission is consistent with regard to safety issues, and there were interested residents who wished to speak. Director Riggins stated the commission will be making a recommendation on the concept of the presented plan, as the parking lot may be slighting relocated. Speakers Mr. Dave Cyr, 245 Cole Lane, submitted a letter of objection to the proposal from Attorney Paul Czepiga, a resident of Norton Road. Mr. Cyr read highlighted areas from the text of the document. Mr. Cyr questioned the origin of the proposal and stated as the town had somewhat recently acquired three areas of open space, including the Scheer property, Sierra Ranch property and Pistol Creek property, it would be his opinion that the town should conduct a "shake out" period to see the effects of the acquisitions. Mr. Cyr stated the Town Council placed a conservation easement on a portion of Bicentennial Park in 2001, and a public hearing should be held if that easement is changed. He reviewed a memo from Interim Manager Denise McNair stating her concerns for the proposal, including aquifer protection and security issues. Director Riggins clarified that the letter had been prepared by Park's staff under Mrs. McNair's name. Berlin Planning and Zoning Commission Meeting Minutes - August 28, 2008 - Page 5 Mr. Len Zielenski, Chairman of the Park and Recreation Commission, stated the Commission has heard concerns from residents regarding the proposal and it was the charge of the Park and Recreation Commission to provide a recommendation to the Town Council. He stated he had prepared the memo to the Council, as documented on Page 2 of the memo. He stated he has calculated space for 30 parking spaces. Mr. Zielenski stated safety issues need to be considered, including the volume and speed of traffic and additional parking in the neighborhood. Attorney David Piskorski, 259 Winesap Road, a resident since 1973, stated the park has been used chiefly as a dog walk. People from Berlin, as well as surrounding areas, bring 75-100 or more cars into the neighborhood on a week-end day. He stated his opinion that a parking lot will create additional problems. He stated the Winesap Rod is a 30' wide residential street with numerous children in the neighborhood. He stated details of the proposal are vague, with no mention of hours or language to discourage motorcycles or all terrain vehicles. He asked the commission to deny the proposal. Mrs. Betsy Piskorski, 259 Winesap Road, stated residents have been before the Police Commission, the Town Council, and the Park and Recreation Commission to advise them of the difficulties the neighborhood was experiencing due to the increased traffic, parking issues, typically with 50 cars parked in their neighborhood of those using the park, and unleashed dogs. The traffic and influx of people who are not known to their neighborhood have caused great concern for the residents. She also stressed the problems created by dogs which are allowed to roam in the park without leashes. Commissioner Murphy moved to table this agenda item to September 11, 2008. Commissioner Kaczynski seconded the motion which carried unanimously. h. Site Plan Amendment of St. Paul Church for an Expansion of Existing Parking for Both the School and Church's Parking Lots Mr. Bart Bovee, P.E., MBA Engineering reviewed finalized details of the storm drainage. He stated the Town Engineer Simonian's comments are minor and the applicants will work with Mr. Simonian to resolve them. He stated Mr. Ed Janik, representing St. Paul Church was also present at this meeting. Mr. Bovee stated in order to keep the bond to a manageable level, the applicant is proposing two phases to the project, with the request that the project could be bonded in phases. The phases would be: Phase I - Overall project less Grove Hill parking area (Note: Large trees will also not be removed as part of Phase I) ? Storm drainage connection (Peck Street) ? Peck Street trench restoration ? Peck and Alling Street apron reconstruction work ? E&S for stone mud pad at Peck Street ? All other work would be related to interior parking lot reconstruction and not subject to bonding Berlin Planning and Zoning Commission Meeting Minutes - August 28, 2008 - Page 6 Phase II - Grove Hill Parking area ? Construction of Parking Lot, Drainage, Lighting and Guard Railing ? Removal of Large Trees and protection of remaining trees ? Planning of landscaping including replacement of new street trees to replace large streets ? E&S control measures Mr. Bovee stated the Town Engineer has agreed that the underground galleries and separator will be installed and an inspection done in order to eliminate the need for a bond for those items. Mr. Bovee noted that there is no new construction, only improvements to the site. A copy of Mr. Bovee's Phasing Plan is attached. Director Riggins stated a landscaping plan is in progress and that work will need to be bonded. Commissioner Kaczynski moved to approve the application, subject to the following conditions: a) The applicant will work with staff concerning the bond. b) The applicant will work with staff regarding the landscaping. c) The applicant will work with the Town Engineer regarding his comments and the bond phasing. d) As required by the Town Engineer, the Underground Detention and GPS structure will be included for Phase I, as they are critical to the Town's drainage system. A copy of the Phasing Plan is attached. Discussion Director Riggins stated regarding the landscaping, she was most concerned about the Grove Street area and the new parking lot area. Commissioner Murphy seconded the motion which carried unanimously. VI Commissioners’ and Director's Comments VII Director’s Comments VIII Communications IX Adjournment The meeting adjourned at 9:00 p.m. Respectfully submitted, Frances M. Semnoski Recording Secretary Berlin Planning and Zoning Commission Meeting Minutes - August 28, 2008 - Page 7