2009-03-26
Berlin Planning & Zoning Commission
Regular Meeting Minutes - March 26, 2009
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on March 26, 2009
in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road. The meeting
was called to order at 7:00 p.m.
In attendance
Chairman Bruce Moore
Commissioners Ronald Edelson, Mark Kacyznski, Gary Marzi, Kevin A. Murphy, Robert
Weiss
Alternate Commissioner Keith Bostrom (seated)
Director of Development Services Hellyn Riggins
Excused
Commissioner Brad Parsons
Alternate Commissioners Terri Ann Paventi, Steve Wollman
II Review/Acceptance of Minutes
a.March 12, 2009
Commissioner Weiss moved to approve the minutes, as presented.
Commissioner Kaczynski seconded the motion which carried unanimously, with one
abstention (Edelson).
III Schedule Public Hearing
a. Excavation Permit of Michael Ciammella to remove
+/-507 c.y. of material from Lot 2, Block 74,
516 Orchard Road (Suggested Date: April 23, 2009)
Commissioner Weiss moved to schedule the public hearing for April 23, 2009.
Commissioner Marzi seconded the motion which carried unanimously.
?Commissioner Weiss moved to add the following item to the agenda and schedule
a public hearing for May 14, 2009:
a. Proposed Amendment of Gregory J. Kycia on behalf of
Harvey . Adkins and Susan Adkins to amend Section V.A.7.e.
and Section IX.B.16.a. of the Berlin Zoning Regulations
Commissioner Marzi seconded the motion which carried unanimously.
At Chairman Moore’s request, Commissioner Weiss moved to consider the next agenda
item. Commissioner Marzi seconded the motion which carried unanimously.
Berlin Planning and Zoning Commission Meeting Minutes – March 26, 2009 – Page 2
VI OTHER BUSINESS
a. Request of Leonard Jacobs, Esq. for an extension of the Beckley Farms
approval (Continued from March 12, 2009)
Attorney Leonard Jacobs, on behalf of Beckley Farms LLC, stated it had been asked at
the last Planning and Zoning Commission meeting to have association representatives
work with the developer and Director Riggins to see if a common approach in addressing
various safety and development issues on the site could be determined. Attorney Jacobs
stated an informal arrangement has been reached whereby the unit owners will be able to
take part in making the day to day decisions regarding the operation of the
condominiums, either until a new developer takes over or the current developer can be re-
established. Attorney Jacobs stated the agreement has been mutually agreed upon by the
developer and the residents. He noted Mr. David Duchesne, resident, and a
representative from Beckley Farms LLC, were present.
Chairman Moore suggested a five month period for an extension of the Special Permit.
Director Riggins stated street signs need to be addressed, as well as other safety issues,
including the securing of the units.
Commissioner Weiss moved to approve an extension of the Special Permit for five
months, subject to addressing street signs and safety issues. The expiration date for this
Special Permit will be September 10, 2009.
Commissioner Kaczynski seconded the motion which carried unanimously.
IV Public Hearing
a. Proposal by the Town of Berlin for Design Guidelines for the Berlin
Turnpike
Chairman Moore read the Call of the Hearing.
Ms. Valerie Ferro, Planning Consultant to the Town of Berlin, stated the proposal is only
for guidelines, which someday may be incorporated into the regulations. She stated the
guidelines distinguish Berlin from other towns and will be useful as a communication
tool to translate the desires of the Town to developers in completion of their projects.
Ms. Ferro stated Attorney Zizka had submitted an opinion letter for Farmington Avenue
guidelines, which is valid for theBerlin Turnpike, as well, and if the commission wanted
to examine some of the language, for example, in a Special Permit, and mention
consistency with these guidelines. Although it would not be as enforceable as a standard,
the guidelines would allow the commission some additional influence.
Ms. Ferro stated the Farmington Avenue area is completely different in mass, scale,
function, and use than the Berlin Turnpike and the Webster Square areas, and considering
that, any changes to the Berlin Turnpike regulations would be less restrictive. She noted
Berlin Planning and Zoning Commission Meeting Minutes – March 26, 2009 – Page 3
the area of consideration has been expanded to include Rowley Street, Deming Road,
Webster Square, north of Route 9, and Frontage Road.
There were no other speakers.
Commissioner Edelson moved to close the hearing.
Commissioner Murphy seconded the motion which carried unanimously.
V Old Business
a. Proposal by the Town of Berlin for Design Guidelines for the Berlin
Turnpike
Commissioner Edelson moved to adopt the Design Guidelines, as presented.
Commissioner Kaczynski seconded the motion which carried unanimously.
VI Other Business
b. Revocation of Bank North Irrevocable Letter of Credit
#20000645 (p/k/a #04006992) held as a Performance Bond
for Belcher Hollow Subdivision, Phase 2, Belcher Hollow
Road, Coccomo Brothers, LLC
c. Revocation of Bank North Irrevocable Letter of Credit
#20000646 (p/k/a #04006993) held as a Performance Bond
for Belcher Hollow Subdivision, Phase 1, Patrick Drive,
Coccomo Brothers, LLC
Director Riggins stated she has had communication with Bank North and a bank
representative has assured her that bank is attempting to resolve the issue with the
developer. Bank North has requested the item to be continued to the next meeting on
April 23, 2009.
Commissioner Murphy moved to continue Items b. and c. to April 23, 2009.
Commissioner Marzi seconded the motion which carried unanimously.
VIICommissioners’ Comments
VIII Director’s Comments
IX Communications
X Adjournment
The meeting adjourned at 7:45 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary
Berlin Planning and Zoning Commission Meeting Minutes – March 26, 2009 – Page 4