2003/11/20
Berlin Planning & Zoning Commission – November 20, 2003 Meeting Minutes - 1
Berlin Planning and Zoning Commission
Special Meeting Minutes - November 20, 2003
I Call to Order
The Berlin Planning and Zoning Commission held a Special Meeting on Thursday,
November 20, 2003 at 7:00 P.M. in the Town Council Chambers, 240 Kensington Road.
The meeting was called to order at 7:00 P.M.
In attendance
Chairwoman Joan Carey
Commissioners Diane Jorsey; Bruce Moore; Robert Weiss; Timothy Zigmont
Alternate Commissioner Terri Paventi (seated)
Director of Development Services Hellyn Riggins
Zoning Enforcement Officer Bruce Driska
Excused
Commissioners Ronald Edelson; Mark Kaczynski
Alternate Commissioners Matthew Beatman; Andra Zbrozek
II Scheduling of Public Hearings
a. Special Permit Application of Gary Somerset for expansion of a Special
Permit at Lots 6 and 7, Block 48, Farmington Avenue
Mr. Moore moved to schedule the public hearing for December 18, 2003. Mrs. Jorsey
seconded the motion which carried unanimously.
b. Special Permit of Application of New Sunny Ledge Development LLC
for revision to a Special Permit at Lot 61A, Block 24A, New Britain
Road
Mr. Weiss moved to schedule the public hearing for December 18, 2003. Mrs. Jorsey
seconded the motion which carried unanimously.
Mr. James Ripper addressed the commission to advise a representative for the following
agenda item would be unable to attend this meeting:
V New Business
a. Site Plan Amendment of Coccomo Brothers LLC for a garage
at Lot 85-1, Block 76, 212 Old Brickyard Lane
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III Public Hearings
a. Special Permit Use Application of Silver Island Homes, LLC for a
proposed 24-unit, age-restricted, multi-family development at Lot 65,
Block 120, 1688 North Colony Road. (Continued from October 23, 2003)
Mr. Jeffrey Cugno, Esq., represented the applicant. He stated approval for access to the
site from Meriden has not yet been received. He said, additionally, the applicant has a
number of issues which need to be addressed. He requested the hearing be left open in
order to address the issue of access to the site and the comments from the South Central
Connecticut Regional Planning Agency.
Ms. Carey stated she had visited the site and stated her opinion that her concerns with
elevations could not be addressed within a month and she saw no reason to keep the
hearing open.
Mr. Cugno stated he would like to speak with his client.
Mr. Zigmont moved to call a brief recess. Ms. Paventi seconded the motion which
carried unanimously. The time was 7:10 P.M.
At 7:15 P.M. Mr. Zigmont moved to come out of recess. Ms. Paventi seconded the
motion which carried unanimously. The meeting resumed with the same commissioners
in attendance.
Mr. Cugno stated his client wished to formally withdraw this application. He submitted a
written statement.
b. Preliminary Subdivision of Progressive Development Corp. for 12 lots
at Lots 14 and 15, Block 12, Chamberlain Highway and Reservoir Road
(Continued from October 23, 2003)
Mr. Moore moved to call a brief recess. Mr. Zigmont seconded the motion which carried
unanimously. The time was 7:15 P.M.
At 7:20 P.M. Ms. Paventi moved to come out of recess. Mr. Weiss seconded the motion
which carried unanimously. The meeting resumed with the same commissioners in
attendance.
Ms. Jennifer Barneszani, representing the applicant, asked the hearing be continued, as an
appeal relating to the application had been filed. She stated the applicant may also
consider withdrawing the current application.
Mr. Weiss moved to deny without prejudice the current application.
Mr. Zigmont seconded the motion.
Discussion
Berlin Planning & Zoning Commission – November 20, 2003 Meeting Minutes - 3
An action will be taken after the hearing has been closed.
Mr. Weiss withdrew the motion. Mr. Zigmont withdrew his second.
Mr. Zigmont moved to close the hearing. Mr. Weiss seconded the motion which carried
unanimously.
Ms. Paventi moved to combine the following Items c. and d. for consideration by the
commission. Mrs. Jorsey seconded the motion which carried unanimously.
c. Final Subdivision of Marion Jamrog for 7 lots at Lot 11, Block 71,
Norton Road and Kensington Road (Continued from October 23, 2003)
d. Special Permit Use Application of Marion Jamrog for two proposed
rear lots within a residential subdivision, Lot 11, Block 71,
Norton Road and Kensington Road (Continued from October 23, 2003)
Mr. Bart Bovee, P.E., MBA Engineering stated he had presented the application at the
October 23, 2003 and had no additional comments. He stated drainage concerns are
being resolved. He stated recent, substantial rains had occurred and a site walk showed
no drainage problems on the site.
Ms. Riggins stated certified, sealed drainage calculations had not been submitted.
Mr. Bovee stated his written calculations with his seal would be submitted. He submitted
photographs taken within the past few days and copies of an alternative grading plan. He
said one remaining, outstanding issue is the final review of the septic system. He stated
his plan meets all requirements and the two rear lots would not impact adjacent front lots.
He also submitted a copy of the proposed open space.
In response to Mrs. Jorsey’s question if any environmental assessment has been done
considering its prior use of farming, Mr. Bovee stated that some clean up has been done
but he was not sure how extensive that work had been.
Speakers
Mr. Dave Bruin, stated he owned Lot 12 as designated on the map, stated he approved of
the design of the plan, but had a concern about his well.
Marion Munson Jamrog, applicant, stated the well on the subject property had served her
parents and grandparents and provided water for the barn. She stated there had been no
problem with the well. She stated a company was hired and permits obtained to remove
two underground gas tanks. The Fire Marshal had been present. Soil testing had been
done and the results will be submitted for the record.
Mrs. Jorsey stated samplings for the testing would only be done in the area surrounding
the tanks; her question was about the entire site.
Berlin Planning & Zoning Commission – November 20, 2003 Meeting Minutes - 4
Ms. Carey stated commissioners may do individual site visits.
Mr. Bovee requested the hearing be left open to provide requested information and to
allow time to meet with the Health District concerning the septic system.
Mr. Weiss moved to continue the hearing. Ms. Paventi seconded the motion which
carried unanimously.
e. Proposed Subdivision of Premier Building and Development for
6 lots, Lot 39, Block 133, Beckley Road
Ms. Riggins stated the property owner had informed her that the subdivision layout is
incorrect.
Ms. Carey stated the commission should not hear the application.
Mr. Weiss moved to close the hearing. Mr. Zigmont seconded the motion which carried
unanimously.
f. Special Permit Use Application of Worthington Ridge Investments LLC
for a proposed office/retail building over 5,000 SF GFA at Lot 9E,
Block 114, Worthington Ridge and Berlin Turnpike
Speakers
Ms. Elaine Stuhlman, Worthington Ridge Investments, LLC, was present to represent the
applicant.
Ms. Maggie Morelli, proposed future tenant, was present.
Mr. Bart Bovee, P.E., MBA Engineering, described the site plan. He stated a “Do Not
Block Intersection” sign may be used to address staff concerns for traffic queuing. He
stated the designated Berlin Turnpike zone permits the proposed use and his opinion that
this use is most appropriate.
Mr. Todd Clark, FLB Architecture and Planning, Inc., submitted a color rendering and
architectural design details.
Mr. Bovee stated the proposed landscaping plan is consistent with the Plan of
Conservation and Development and is compatible with the area. He noted he would
certify to his statements in his letter of November 19, 2003 to Hellyn Riggins.
Speakers
Page Riley, 100 Peter Parley Row, stated her home is in the Historic District and she did
not want to view a dumpster from her home. She had questions and concerns for the
Berlin Planning & Zoning Commission – November 20, 2003 Meeting Minutes - 5
lighting schedule for the site. She inquired about the parking, if it would increase or
remain the same; about the queuing of cars entering the highway; and if the building
would be a business or a retail establishment.
Maggie Morelli, 158 Somerset Drive, represented a health care agency which is currently
located in Meriden and is proposing to locate in the proposed new building. She said the
agency operates under normal business hours. There are currently approximately eight
staff members and the business would be located on the first floor.
Dave Rohon, 66 Peter Parley Row, stated concerns for the busy intersection, the
driveway entrance, close proximity of the project to the Historic District, and nighttime
lighting.
Ralph Criniti, 11 Peter Parley Row, stated the area was too busy an area for the project
and the driveway could be a potential problem.
Marco Caracoglia, 1326 Worthington Ridge, stated his strong opposition to the project,
stating many concerns, including problems with traffic waiting for the traffic light in
front of his driveway which presently queues for the traffic light; concrete, asphalt and
rebar had been added as fill in the wetlands; deliveries via trucks which are not allowed
on Worthington Ridge; and a concern that the development would lower his property’s
value.
Sandy Criniti, 115 Peter Parley Row, stated opposition to the project, saying it doesn’t fit
the character of the neighborhood.
Marco Caracoglia, 1326 Worthington Ridge, stated there should be an adequate buffer
with many trees planted.
Paige Reilly, Peter Parley Row, stated the buffer should have many trees.
Ms. Riggins stated the landscaping plan had been received the day before the meeting
and had not yet been reviewed.
Mr. Bovee stated the applicant will meet the requirements and would be willing to
address any additional concerns of staff and the neighbors. He stated approximately half
of the building will be below grade. He will review the use of riprap on the site.
Mr. Weiss stated a “Do Not Block Intersection” sign should be added to the site plan.
Mr. Zigmont stated sidewalks on Worthington Ridge would be beneficial to the site.
Mrs. Jorsey stated the light poles should be historical design.
Mrs. Jorsey moved to continue the hearing to the December 18, 2003 meeting.
Ms. Paventi seconded the motion which carried unanimously.
Berlin Planning & Zoning Commission – November 20, 2003 Meeting Minutes - 6
IV Old Business
a. Special Permit Use/Site Plan Applications of Silver Island Homes, LLC
for a proposed 24-unit, age-restricted, multi-family development at Lot 65,
Block 120, 1688 North Colony Road.
The application was withdraw by the applicant. No action was taken.
b. Preliminary Subdivison of Progressive Development Corp. for 12 lots
at Lots 14 and 15, Block 12, Chamberlain Highway and Reservoir Road
Mr. Zigmont moved to deny without prejudice. Mrs. Jorsey seconded the motion which
carried unanimously.
c. Final Subdivision of Marion Jamrog for 7 lots at Lot 11, Block 71,
Norton Road and Kensington Road
d. Special Permit Use Application of Marion Jamrog for two proposed
rear lots within a residential subdivision, Lot 11, Block 71,
Norton Road and Kensington Road
No action was taken. The hearing is continued to December 18, 2003.
e. Proposed Subdivision of Premier Building and Development for
6 lots, Lot 39, Block 133, Beckley Road
Mr. Weiss moved to deny without prejudice. Mr. Zigmont seconded the motion which
carried five in favor to one opposed.
Voting in favor: Carey, Moore, Paventi, Weiss, Zigmont
Voting in opposition: Jorsey
f. Special Permit Use/Site Plan Application of Worthington Ridge
Investments LLC for a proposed office/retail building over 5,000 SF GFA
at Lot 9E, Block 114, Worthington Ridge and Berlin Turnpike
The hearing is continued to the December 18, 2003 meeting.
V New Business
a. Site Plan Amendment of Coccomo Brothers LLC for a garage
at Lot 85-1, Block 76, 212 Old Brickyard Lane
Mr. Moore stated the application was confusing, as presently the property’s residential
use is in an industrial zone, and if the application were approved the commission may be
expanding a non-conforming use. Conversely, if the garage were to be used for an
industrial use, it would conform to the zone. He stated the applicant should provide more
information.
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Mr. Zigmont stated a non-conforming use may not be expanded by more than twenty-five
percent.
Mrs. Jorsey stated the applicant should clarify the garage’s use.
Mrs. Jorsey moved to table this application. Mr. Zigmont seconded the motion which
carried unanimously.
The motion failed.
Voting in favor: Moore
Voting in opposition: Carey, Jorsey, Paventi, Weiss, Zigmont
Mr. Zigmont moved to deny without prejudice. Mr. Weiss seconded the motion. The
motion carried five in favor to one opposed.
Voting in favor: Carey, Jorsey, Paventi, Weiss, Zigmont
Voting in opposition: Moore
VI Other Business
a. Determination of Suitability, Louis Valentine, 11 lots,
Munson Meadows, Norton Road
Mr. Bruce Hoben, Planemetrics, reviewed both conventional and open space concepts
with the commission.
After review and discussion, it was the consensus of the commission that a conventional
layout with a “meandering” road connecting to the adjacent subdivision would be
preferable.
b. Request of Richard H. Pentore, Esq. for a second, 90-day extension
for filing the mylar for the Ziel Subdivision, Toll Gate Road
Mr. Richard Pentore, Esq., stated the financing for the project is not yet in place.
The current extension will expire on November 29, 2003. Mr. Zigmont moved to
approve a second, 90-day extension. Ms. Paventi seconded the motion which carried
unanimously. This extension will expire on February 27, 2004.
c. Request of Richard H. Pentore, Esq. for a waiver of the fee in
lieu of open space, Ziel Subdivision, Toll Gate Road
Mr. Pentore withdrew this request.
VII Requests for Bond Reductions/Releases
a. Request of Newell Stamm, Jr., Stamm Construction Company, Inc.
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for an excavation bond, Lot 6, Block 112, Deming Road
Ms. Riggins stated the bond could be released. Mr. Moore moved to release the bond.
Ms. Paventi seconded the motion which carried unanimously.
VIII Commissioners’ Comments
Mrs. Jorsey noted the location of a collapsing barn. Mr. Weiss stated outdoor vending
should be discussed in a workshop meeting. Mr. Zigmont stated issues with Pandolfe’s
site on Christian Lane.
IXCommunications
There were no additional communications other than those in the meeting package.
X Review of Minutes
a. October 9, 2003
Mrs. Jorsey moved to accept the minutes, as presented. Mr. Moore seconded the motion
which carried unanimously.
b. October 16, 2003
Mr. Weiss moved to accept the minutes, as presented. Mr. Moore seconded the motion
which carried unanimously.
c. October 23, 2003
Mr. Moore moved to accept the minutes, as presented. Mrs. Jorsey seconded the motion
which carried unanimously.
d. November 9, 2003
Mr. Moore moved to accept the minutes, as presented. Mr. Zigmont seconded the motion
which carried unanimously.
The appropriate commissioners abstained from voting.
XI Adjournment
Mrs. Jorsey moved to adjourn the meeting. Mr. Weiss seconded the motion which
carried unanimously. The time was 10:05 P.M.
Respectfully submitted,
Frances M. Semnoski
Land Use Administrator