2001/06/28
June 28, 2001 Berlin Planning and Zoning Commission Meeting Minutes – Page 1
I Call to Order
The Berlin Planning & Zoning Commission held a Regular Meeting on June 28, 2001
beginning at 7:00 p.m., in the Town Council Chambers, 240 Kensington Road, Berlin.
The meeting was called to order at 7:10 p.m.
Present:
Chairwoman Joan Carey
Commissioners Diane Jorsey, Mark Kaczynski, Bruce Moore, Robert Weiss
Alliterate Commissioners Terri Paventi and Andra Zbrozek (both seated)
Brian Miller, Director of Development Services
Absent: Commissioner Timothy Zigmont
Excused: Commissioner Stuart Topliff, Alternate Commissioner Matthew Beatman
II Scheduling of Public Hearing
a. Final Subdivision of Summitwood LLC for one lot at Lot 5, Block 74,
East of Linden Drive
Mr. Miller noted there were some discrepancies with the application and recommended
postponing accepting the application until the submittal of the application could be
properly completed.
b. Special Permit Application of Conrad Guenzel and Karen Schap for an
Accessory Dwelling Unit at Lot 1, Block 37, 12 Atwood Street.
A motion to schedule this item for public hearing for July 26, 2001 was made by
Mrs. Jorsey, seconded by Ms. Paventi and carried unanimously.
Mrs. Jorsey read the Call of the Hearing for this meeting’s public hearing (JFC
Endeavors).
III Public Hearings
a. Special Permit Use Application of D&P Enterprises, Inc. for a
proposed hotel at Lot 19, Block 153, 2253 Wilbur Cross Highway
(Continued from June 14, 2001)
Mr. Bart Bovee, P.E., MBA Engineering, requested the hearing be continued to July to
allow for consideration of an IWWC application before that commission.
b. Proposed Subdivision of Ciammella Construction, Inc. for seven
lots at Lot 1, Block 90, Sugar Maple Lane and Cashman Place
(Continued from June 14, 2001)
Mr. Bart Bovee, P.E., MBA Engineering, stated at the last commission meeting, there had
been a question of the abandonment of the cul de sac. In response to that issue, a letter
June 28, 2001 Berlin Planning and Zoning Commission Meeting Minutes – Page 2
from Attorney Dennis Kern, counsel for the applicant, dated June 27, 2001 was presented
for the record. He stated all other staff issues have been addressed.
Mrs. Jorsey read the letter from Attorney Dennis Kern into the record.
Ms. Carey stated a concern for the narrowness of Lot 1-4 and its proximity to the railroad
tracks.
Mr. Bovee said the applicant would be willing to plant additional buffer to the tracks.
Mr. Michael Ciammella stated his opinion that the proximity would not be a concern.
Mr. Bovee commented that the applicant is willing to take responsibility in taking steps
to improve the road.
There were no other speakers.
A motion to close the hearing was made by Mr. Moore, seconded by Ms. Paventi and
carried unanimously.
c. Subdivision Application of Norman Harold Munson for 1 lot at
Lot 11, Block 71, Norton Road (Continued from June 14, 2001)
Mr. Bart Bovee, P.E., MBA Engineering, stated perc testing has been completed and
revised plan submitted. A waiver for open space is being requested.
A dedication of a conservation easement along the watercourse is being proposed.
There were neither proponents nor opponents from the audience.
Mr. Weiss motioned to close the hearing. The motion was seconded by
Mr. Kaczynski and carried unanimously.
d. Final Subdivision of JFC Endeavors LLC, for 2 lots at Lot 8K,
Block 71, Castlewood Drive
Ms. Bonnie Larson, 1131 Chamberlain Highway, agent for the property, stated the
applicant’s intent to attend the meeting and his lateness at arriving.
th
Mr. Miller stated the application will before the IWWC on July 10.
Mr. Moore motioned to continue the application to the next meeting of July 12, 2001.
The motion was seconded by Mr. Kaczynski and carried unanimously.
IV Old Business
June 28, 2001 Berlin Planning and Zoning Commission Meeting Minutes – Page 3
A motion to combine the two applications for consideration was made by Mr. Weiss,
seconded by Mr. Kaczynski.
a. Special Permit Use Application of Joseph and Kenneth Dorio for
rear lots at Lot 43A, Block 151, off Chestnut Lane, East Berlin
b. Subdivision Application of Joseph and Kenneth Dorio for two
building lots at Lot 43A, Block 151, off Chestnut Lane, East Berlin
At the request of the applicant, a motion to table considerations of items a. and b.
(Special Permit/Subdivision – Joseph and Kenneth Dorio) was made by Mr. Weiss,
seconded by Mrs. Jorsey and carried unanimously.
c. Special Permit Use/Site Plan Applications of D&P Enterprises,
Inc. for a proposed hotel at Lot 19, Block 153, 2253 Wilbur Cross
Highway.
At the request of the applicant, this hearing remains open. No action taken.
d. Proposed Subdivision of Ciammella Construction, Inc. for seven
lots at Lot 1, Block 90, Sugar Maple Lane and Cashman Place
Mr. Weiss stated his opinion that the builder’s reputation is sound and the neighborhood
is apparently supportive of the development of a cul de sac.
Mr. Weiss stated in this particular application, the offer of the trees has been made and
deterring the application’s approval may be detrimental.
After discussion, a motion to approve this application with the following conditions was
made by Mr. Weiss, subject to:
a. Waiver of the length of the cul de sac
b. Waiver of street trees requirement, and the applicant to provide two
trees to each lot’s property owner
c. Waiver of required Right of Way width
d. Applicant responsible for preparation of documents for abandonment or
conveyance of road, as determined appropriate.
e. Fee in lieu of open space.
f. Submittal of a bond to be set by staff.
Mrs. Jorsey seconded the motion which carried unanimously.
e. Subdivision Application of Norman Harold Munson for 1 lot at
Lot 11, Block 71, Norton Road.
June 28, 2001 Berlin Planning and Zoning Commission Meeting Minutes – Page 4
After discussion, a motion to approve this application was made by Mrs. Jorsey with the
following conditions:
a. Waiver of the open space requirement, as it is consistent with subdivision
regulations.
b. A note to be placed on the subdivision that the area of the conservation
easement has the potential as future open space development and the
the calculation noted on the plan.
c. A Conservation Easement be dedicated prior to the recording of the
subdivision.
Ms. Paventi seconded the motion which carried unanimously.
f. Final Subdivision of JFC Endeavors LLC, for 2 lots at Lot 8K,
Block 71, Castlewood Drive
No action taken.
g. Final review and approval of the site plan, proposed Suburban
Windows and Siding, 1468-1474 Wilbur Cross Highway,
No action taken.
h. Final review and approval of the site plan, Berlin Batting Cages,
for amendments to parking and landscaping, Lot 1A, Block 140,
1823 Wilbur Cross Highway.
Mr. Michael Nelson, Berlin Batting Cages, reviewed the plan with the commission.
After discussion and review, a motion to approve the revised plan was made by
Mr. Weiss, seconded by Mr. Moore and carried unanimously. The approved plan is:
A map entitled “Site Plan Development Plan, Berlin Batting Cages, Go Cart
Track, Wilbur Cross Highway, Berlin Connecticut, Roderick D. Hewitt,
Consulting Engineers & Land Surveyors, Kensington Connecticut,
Date May 24, 1996, revised to 5/29/01 revisions, File name:
E\DRAW\8121\GOCART; drawn by RDH/CAD, Project 87121,
Sheet 1 of 2.”
i. Site Plan Amendment of Castle Estate Development LLC, Request for Waiver
of Street Trees, Lots 22 & 23, Block 108F, Meadow Lane.
Mr. Kaczynski noted the subdivision regulations may need to be addressed and
amendments considered to permit consistency. In response to outside counsel’s advice,
Mr. Kaczynski motioned to approve this site plan amendment. Mrs. Jorsey seconded the
motion which carried unanimously.
June 28, 2001 Berlin Planning and Zoning Commission Meeting Minutes – Page 5
IV New Business
There was no new business.
VI Other Business
a. Request of Donald Klepacki, Silver Ridge, to construct a Sales Model
at Lot #20 Seagreen Drive.
Mr. Miller stated similar requests of other developers have been made.
After discussion, Mr. Moore motion to approve the request, with one condition:
a. A Certificate of Occupancy will not be issued until an
appropriate bond is in place.
Mr. Weiss seconded the motion which carried unanimously.
b. Request for Extension of Approved Subdivision, Mooreland Hill Trust,
Lot 5, Block 51, Chamberlain Highway, Allen H. Pease, Trustee.
After discussion, a motion to grant a one-year extension was made by Mr. Kaczynski
seconded by Mrs. Jorsey and carried unanimously.
VII Requests for Bond Releases/Reductions
a. Request for bond release, Peter Niro, Jr., Niro Landscaping,
204 New Britain Road
Mr. Peter Niro was present. Mr. Miller stated a map showing some discrepancies in the
original plan has been submitted by the engineer.
Mr. Niro described parking changes which had been done without formal approval,
stating he had been unaware of the necessity of coming before the commission to allow
those changes. In an effort to respond to tenants’ concerns, he had adjusted the plan,
making sure required widths were met and handicap requirements addressed.
Mr. Weiss stated a concern for public safety as there is no curbing exists the lot and the
sidewalk.
Carey stated the aesthetics of the property are important. Mr. Niro concurred with that
opinion and stated he could add some planters to the front of the building, plant Bradford
Pear trees along the strip of grass bordering the road, and an planted island could be
added to an area which is designated for no parking. He stated the planting which were
done to buffer the residential area in the rear of the property are growing well and
providing a good buffer.
As there are other conflicting issues remaining on the site plan, Ms. Carey stated the need
for the commission to conduct a site walk. A Special Meeting for the purpose of
conducting a site walk will be held on Thursday, July 12, 2001 at 6:15 p.m.
b. Request for bond reduction, Berlin Commerce Park Associates,
Unit 4, Clark Drive, East Berlin
June 28, 2001 Berlin Planning and Zoning Commission Meeting Minutes – Page 6
Following discussion, Mr. Kaczynski motioned to release the bond. The motion was
seconded Mrs. Jorsey and carried unanimously.
c. Request for bond release, Michael Smolicz, Four Rod Road and
18 Winding Meadow Subdivision.
After discussion, a motion to reduce the $8600 bond to $4600 was made by Mr. Weiss,
seconded Mrs. Jorsey and carried unanimously.
d. Request for bond release, Vincent Brescia, 201 Christian Lane.
Mr. Miller stated this request is being made to permit Mr. Brescia to apply the bond
money to another project which requires bonding. A motion to release the bond to permit
that application was made by Mr. Weiss, seconded by Mrs. Jorsey and carried
unanimously.
e. Request for bond reduction, MJL Construction Concepts,
Michael Lewchik, Towerview Estates, Worthington Ridge
A motion to table discussion of this agenda item was made by Mr. Weiss, seconded by
Ms. Paventi and carried unanimously.
VIII Commissioners Comments
Comments included noticing of potential zoning violations at 180 Christian Lane as cars
are being sold from the property; the Subway business site on Farmington Avenue is
unsightly with a dumpster in the front and overgrown grass; and regulations concerning
mobile structures used as vendors’ kitchens. Mr. Miller explained that discussion had
taken place among the three town agencies which have regulatory controls over these
business and clarification of the regulations may need to be addressed. It was the
consensus of the commission that the item be placed on the next commission’s agenda.
Mr. Miller will propose the verbiage for the commission’s review.
IX Communications
X Payment of Invoices
XI Signing of Documents
XII Review of Minutes
Commissioners appropriately abstained from voting for approval of meeting minutes
?
for those meetings which they did not attend.
a. April 26, 2001 Regular Meeting
A motion to accept the minutes, as presented, was made by Mr. Moore,
seconded by Mr. Kaczynski and carried unanimously.
b. May 10, 2001
A motion to accept the minutes, as presented, was made by Mr. Weiss,
seconded by Mr. Moore and carried unanimously.
June 28, 2001 Berlin Planning and Zoning Commission Meeting Minutes – Page 7
c. May 24, 2001
A motion to accept the minutes, as presented, was made by
Mr. Kaczynski, seconded by Mrs. Jorsey and carried unanimously.
d. June 14, 2001
There was no approval required – the meeting had not been held
due to a lack of a quorum.
e. June 14, 2001 & June 21, 2001
No action taken.
Adjournment
A motion to adjourn was made by Mrs. Jorsey, seconded by Mr. Moore and carried
unanimously. The time of adjournment was 8:55 p.m.
Respectfully submitted,
Frances M. Semnoski, Recording Secretary
June 28, 2001 Berlin Planning and Zoning Commission Meeting Minutes – Page 8