2010-06-10
Berlin Planning and Zoning Commission
Regular Meeting Minutes -June 10, 2010
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on June 10, 2010
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 Ron Edelson, Brad Parsons, Kevin A. Murphy,
Alternate Commissioner Rick Sorbo (seated)
Director of Development Services Hellyn Riggins
Excused
Commissioners Mark Kaczynski, Gary Marzi, Robert Weiss
Alternate Commissioners Keith Bostrom, Steve Wollman
Chairman Moore noted the following two items had been added to the agenda.
Commissioner Murphy moved to adopt the revised agenda.
Commissioner Parsons seconded the motion which carried unanimously.
?
Other Business
a. In accordance with Section 8-24 of the Connecticut General Statutes,
review and recommendation of the matter of entering into an easement
between the SGT. Jerry Smotrycz, Post 10732 and the Town for flood
management mitigation related to Veterans Memorial Park, and for
revisions to the Veterans Memorial Park Project plan to provide mitigation
for filling activities in the flood plain
Director Riggins stated plans amending the current plan, adding a gazebo, bridge and
memorial monument, will require filling in a flood plain. To mitigate this fill, the
town will need to remove fill from the flood plain. Fill will be removed from the
park and from the VFW property. To remove fill from the VFW, an easement will be
needed. This 8-24 is to review the amended plan and the easement.
Commissioner Parsons stated Director of Economic Development James Mahoney
had spoken to the VFW members about the proposal. Commissioner Parsons noted
for the record the correct name is Berlin VFW Post 10732.
Commissioner Murphy moved to forward a favorable recommendation to the Town
Council.
Commissioner Sorbo seconded the motion which carried unanimously.
Berlin Planning and Zoning Commission - June 10, 2010 Meeting Minutes - Page 2
b. Request of Bartkowicz Family LLC for an extension for filing the mylar
for an approved subdivision, Lot 2-F, Block 74, Longview Drive
Director Riggins stated the applicant had to return to the IWWC due to changes in plan.
Commissioner Edelson questioned how an extension could be granted as the 90 period
for filing the approved subdivision had passed.
Director Riggins stated state statutes indicate the decision to grant the extension may be
left up to the discretion of the commission.
Chairman Moore stated the applicant had to go back to the Inland Wetlands and
WaterCourses Commission after receiving Planning and Zoning Commission approval.
He stated he was comfortable with approving this extension as if it has expired, it has
only been a matter of days.
Commissioner Sorbo moved to approve the request to grant a 90 day extension.
Commissioner Parsons seconded the motion which carried unanimously.
II Review/Acceptance of Minutes
a. April 22, 2010 Regular Meeting
Commissioner Murphy moved to table review of the minutes.
Commissioner Edelson seconded the motion which carried unanimously.
b. May 27, 2010 Regular Meeting
Commissioner Murphy moved to table review of the minutes.
Commissioner Edelson seconded the motion which carried unanimously.
III Schedule Public Hearings
a. Subdivision Application of Luca Dimichele for 3 lots at
Lot 12, Block 142, Savage Hill Road
Suggested Date: July 15, 2010
Director Riggins stated this application has been withdrawn by the applicant.
b. Subdivision Application of Farr Builders LLC for 2 lots at
Lot 5, Block 58, Glen Street
Suggested Date: June 24, 2010
Commissioner Edelson moved to schedule the public hearing for June 24, 2010.
Commissioner Parsons seconded the motion which carried unanimously.
IV Requests for Bond Reductions/Releases
a. Request of Eric Morse, A/Z Corporation, as Construction Manager for
Berlin Planning and Zoning Commission - June 10, 2010 Meeting Minutes - Page 3
Northeast Utilities, for a bond release at 61 Massirio Drive
Commissioner Edelson recused himself from considering this request.
Director Riggins stated both she and the Town Engineer have inspected this site. All
work has been completed in accordance with the plan. One handicap sign for parking
may be needed. She stated $5,000 would be an adequate amount to retain for any
additional items and to monitor detention and landscaping items.
Commissioner Murphy moved to reduce the performance bond to $5,000.
Commissioner Edelson seconded the motion which carried unanimously.
Commissioner Edelson was re-seated.
b. Request of Thomas Coccomo for a bond reduction, Reservoir Hills
Subdivision
Director Riggins stated Engineering staff has recommended denial of this request.
Commissioner Murphy moved to deny the request for a bond reduction.
Commissioner Parsons seconded the motion which carried unanimously.
c. Request of Thomas Coccomo for a bond release, Belcher Hollow Road
Director Riggins stated the Engineering staff report is pending.
Commissioner Murphy moved to continue this agenda item.
Commissioner Edelson seconded the motion which carried unanimously.
d. Request of Thomas Coccomo for a bond reduction, Gianna Estates
Subdivision
Director Riggins stated the Engineering staff report is pending.
Commissioner Murphy moved to continue this agenda item.
Commissioner Parsons seconded the motion which carried unanimously.
e. Request of Jeffrey Russo for a bond release, HRE Subdivision,
Meadow Lane
Commissioner Edelson recused himself from considering this request.
Director Riggins stated both she and Town Engineer Simonian have inspected the site.
Town Engineer Simonian has stated his recommendation to retain $5,593 for the
remaining site work.
Berlin Planning and Zoning Commission - June 10, 2010 Meeting Minutes - Page 4
Commissioner Parsons moved to reduce the bond to $5,593.
Commissioner Sorbo seconded the motion which carried unanimously.
Commissioner Edelson was re-seated.
V New Business
a. Site Plan Amendment of Rocky River Realty for an expansion of the
Automotive Technical Center, 107 Selden Street
Commissioner Edelson recused himself from considering this application.
Director Riggins stated the project complies with zoning regulations. She noted the
Town Engineer has a few concerns, all of which can be resolved.
Mr. Thomas Bulzak, licensed engineer and land surveyor, representing Rocky River
Realty, stated the original automotive facility center which is used to maintain Northeast
Utilities' fleet of vehicles was constructed in the late 1980's or early 1990's. The
proposed increase is 5,712 square feet and will have three bays on the west side of the
property. A 24' high retaining wall will be constructed abutting wetlands. The Inland
Wetlands and WaterCourses Commission approved this proposal on June 2, 2010. No
additional employees or parking expansion are included in this proposal. Mr. Bulzak
reviewed the storm drainage system. There are currently seven catch basins, and two
new ones will be added. The discharges are on the east and west sides, and this
application addresses the west side. There is a special, stoneware filtration system with
negligible impact of stormwater.
Chairman Moore stated he was confident that any remaining issues with the Town
Engineer could be resolved.
Commissioner Murphy moved to approve this application, subject to the following
conditions:
a. The applicant will work with staff to resolve any Engineering concerns.
b. Submittal of a bond in an amount to be determined by staff.
Commissioner Edelson was re-seated.
VI Public Hearing
Chairman Moore read the Call of the Hearing.
a. Proposed Subdivision of Carlo Zovich DBA Norton Realty LLC
for three lots at Lots 10 and 11B, Block 71, Norton Road
Director Riggins stated the applicant had had a previous approval for this property;
however, the mylar was not filed on the Land Records. After the approval period lapsed,
the applicant constructed a house built on the "single lot"; however, on site excavation
had been done and soil was brought in without approval and contrary to the house plan.
Berlin Planning and Zoning Commission - June 10, 2010 Meeting Minutes - Page 5
She stated the applicant also has a pending application before the Inland Wetlands and
WaterCourses Commission and will be discussed at that Commission's July 6, 2010
meeting.
Mr. Michael Earley, Jones Engineering on behalf of Norton Realty LLC, stated Mr.
Zovich was present at this meeting. He stated the property had originally been the site of
the Lions Club swimming pool and had buildings and concession stands. Upon approval
from this Commission and the Inland Wetlands and WaterCourses Commission, Mr.
Zovich removed the parking lot and re-established Hatchery Brook to run to Norton
Road.
Director Riggins stated Mr. Zovich and she had had many conversations and he was very
aware a bond would need to be posted prior the subdivision's being filed in the Land
Records. She asked Mr. Earley his certification and who had designed the plan.
Mr. Earley stated he is licensed professional land surveyor and the plan had been
designed by Jim Jones, Jones Engineering.
Director Riggins stated there were several inaccuracies on the plan, as well as her
concern that the plan had a proposed easement for a sightline. She requested that Mr.
Bulzak provide documentation regarding the merging of the lots.
Mr. Bulzak stated the applicant will seek legal assistance to provide language that will
state the easement will be maintained by the three lot owners.
Director Riggins asked how many cubic yards of material had been excavated from the
site. Mr. Zovich stated he was unaware of the exact amount that had been excavated.
It was stated the issues that need to be addressed are the documentation for the merging
of the lots; the easement for the sightline; and the provision of the calculations for the
filling.
Mr. Zovich signed a request and consent to continue the public hearing to the
July 15, 2010 or July 22, 2010 Planning and Zoning Commission meeting, as an
application for the same site is before the Inland Wetlands and WaterCourses
Commission.
Commissioner Murphy moved to continue the hearing to the next appropriate meeting.
Commissioner Parsons seconded the motion which carried unanimously.
VII Old Business
a. Proposed Subdivision of Carlo Zovich DBA Norton Realty LLC
for three lots at Lots 10 and 11B, Block 71, Norton Road
No action taken. The hearing is continued.
VIII Commissioners’ Comments
Berlin Planning and Zoning Commission - June 10, 2010 Meeting Minutes - Page 6
IX Director’s Comments
X Communications
XI Adjournment
The meeting adjourned at 7:58 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary