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2004/02/26~ 4~ 9 BERLIN PLANNING AND ZONING COMMISSION MEETING MINUTES FEBRUARY 26, 2004 I Call to Order • The Berlin Planning and Zoning Commission held a Regular Meeting on February 26, 2004 in the Council Chambers, Berlin Town Hall, 240 Kensington Road. The meetin.g was cal led to order at 7:00 P.M. In attendance Chairwoman Joan Carey Commissioners Ronald Edelson, Mark Kaczynski (joined the meetin g in progress), B~ ~ ~ Moore, Kevin Murphy, Robert Weiss, Timothy Zigmont ~ g ~ c~ • Alternate Commissioner Andra Zbrozek (seated) ~ ~~ ~ c Director of Development Services Hellyn Riggins r ~~" r~ a ~ ~ r ~ ~ ~ ° Excused '~ ..~c n ~ ~ Alternate Commissioners Matthew Beatman, Terri Paventi ~..°r, _, ~ ~ ~ ~ rn ~ N ~ II Scheduling of Public Hearings a. Preliminarv Subdivision A~plication of L&L Land Company LLC for 11 lots at Lot 11 D, Block 71, Norton Road, Munson Meadows Mr. Edelson moved to schedule the public hearing for March 25, 2004. Ms. Zbrc~zek seconded the motion which carried unanimously. b. Subdivision Application of L&L Land Company, LLC for an operi sUace subdivision at Lot 11D, Block 71, Norton Road, Munson Meadows Mr. Weiss moved to schedule the public hearing for March 25, 2004. Mr. Edelson seconded the motion which carried unanimously. • III Public Hearings Ms. Zbrozek acted as Secretary, as Mr. Kaczynski had not yet joined the meeting. a. Proposed Final Subdivision Application of Professional Development, LLC for 41ots at Lot 6, Block 132, Beckley Road b. Special Permit Use Application of Professional Development, LLC for 2 rear lots at Lot 6, Block 132, Becklev Road Ms. Riggins advised the Commission that there has been an appeal filed in Superior Court concerning this property. Mr. James Cassidy, representative for the applications, stated he would like to confer with an abutting property owner who was not yet at the meeting regarding changes to the drainage which had been revised in accordance with comments from the Town Engineer. Mr. Cassidy asked that the hearings be delayed until that neighbor had arrived. Mr. Zigmont moved to postpone items a. and b. until later in the meeting. Mr. Ecielson seconded the motion which carried unanimously. c. Special Permit Use Application of Silver Island Homes LLC for 2:4 units of • age-restricted, multi-familv development at Lot 65 Block 120 16138 North Colon~ad Ms. Riggins referred to staff notes, stating that approval for water and sewer lines~, proposed to be obtained from the City of Meriden, has not yet been obtained by the applicant. She also stated a notification error appears to have possibly occurred, as a former property owner received a Notice of the Hearing, not the current owner who is required to be notified • Ms. Carey stated the next City of Meriden meeting at which the matter of water and sewer to the site will be considered will be March 16~'. She stated her hesitation to use the Commission's time to consider an application which had no water or sewer. Mr. Zigmont stated concern for opening the hearing and starting the mandated tirrie in which consideration and action for the applications would need to occur. 4~ Q Mr. Weiss stated the applicant's attorney, Mr. Jeffrey Cugno, was present at this meeting and his opinion could be considered. Mr. Zigmont stated Mr. Cugno should only direct his comments to the time frame of the public hearing. The commissioners' consensus was that that would be only topic which could be presented by Mr. Cugno at this time. Mr. Cugno stated for the record that Meriden has verbally advised his client that it will provide sewer and water, and he stated he would agree it is more reasonable for this Commission to act upon this application later in the statutory period. However, he asked, if the Berlin Planning and Zoning Commission is stating that its decision will be subject to Meriden's approval or if the Berlin Planning and Zoning Commission is stating his client must first show approval from the City of Meriden for the approval of water and sewer lines to the site. Mr. Zigmont stated a significant concern for him is the possible error in notification of abutting property owners. Mr. Edelson moved to table these agenda items to March 1 l, 2004. Mr. Zigmont seconded the motion which carried six to one. Voting in favor: Edelson, Moore, Murphy, Weiss, Zbrozek, Zigmont Voting in opposition: Carey The tabled public hearing items were then considered: a. Proposed Final Subdivision Application of Professional Development LLC for 4 lots at Lot 6, Block 132, Beckle~oad b. Special Permit Use Application of Professional Development, LLC for 2 rear lots at Lot 6, Block 132, Beckle~oad Saeakers ^ Attorney Elaine Stohlman, Esq., represented the applicants. ^ Mr. John Matulis, 260 Beckley Road, stated he has reviewed Town Engineer Ferraro's comments and revised plans submitted by the applicant. He stated he and his wife would like to review the information with their engineer to obtain his opinion. ^ Attorney Stohlman stated the applicant has tried to address concerns and comments as stated by speakers at the first meeting for this public hearing. Mr. Edelson noted revisions to the plan have not yet been presented by the applicant. Mr. Edelson moved to continue the public hearing for both applications to March 11, 2004. Mr. Murphy seconded the motion which carried unanimously. d. Proposed Amendments of Staff to amend Section IV.A.17 of the Berlin Zonin~ Reg.ulations, Rear Lots Ms. Zbrozek read related letters from the regional agencies into the public hearing record. ~eakers ^ Mr. Michael Horbal, 971 Norton Road, stated his support of the proposed amendment and requested the commissioners' vote favorably for its approval. ^ Mr. Dave Mi~a, 73 Cross Creek, co-owner of 971 Norton Road, stated support for the proposed amendment and requested the commissioners vote favorably for its approval in order to protect rights of current property owners. ^ Mr. James Horbal, 30 Wildem Road, thanked the commission for its recognizing concerns of residents and asked the commission for a favorable vote for adoption of the amendment. 4~1. Mr. Weiss moved to close the hearing. Mr. Edelson seconded the motion which carried unanimously. IV Old Business a. Site Plan Amendment of Kensin ton Baptist Church for construction of a 21,000 sa. ft. structure Lot 53 Block 10 222 Lincoln Stre:et Rev. Rick McKinniss, Senior Pastor, Kensington Baptist Church, stated approval for a dif i ~ mo icat on to a Special Permit was received from the Zoning Board of Appe;als in December [2003]. He stated the proposed structure is larger than the existing structure on the site, an extensive landscaping plan is being proposed; and the current buffer will increase with additional plantings. Excess scrub growth and vines will be cleared from~ the abutting properties to the east; property owners Meads and Browns are much in favor c~f the clearing. Rev. McKinniss stated there has been a significant growth of approximately fifty- percent in the congregation. ~ Robert Doane, P.E., L.S., Centerbrook, CT., stated Town Engineer Ferraro ha.~ no concerns f h rom t e proposed drainage discharge. He submitted a design of a detention c;hambers for the record. He stated all water will flow to the north, towards Lincoln Street and the pipe is adequate for the flow. Ms. Carey stated the Town Engineer's comments regarding the drainage refer to the easterly side only. Mr. Doane stated the Town Engineer has had conversations with Mr. Ferraro and two separate chambers will be installed. In response to Mr. Edelson's request for elaboration concerning the chambers' maintenance, Mr. Doane stated clean-out of the chambers would best be done in the spring after the sand from the winter has been cleared and again in the fall, after the leaves have fall.en. Mr. Zigmont noted road closures due to flooding in the surrounding area may Ue longer because of increased runoff from the site. Mr. Doane stated he had relied on the Town Engineer's report on flooding in the area. (Mr. Kaczynski joined the meeting at this point - 8:1 S P.M.) ~ Ms. Carey stated concerns for the retaining wall which slopes up and cuts into the bank. She stated an engineer's certification verifying the wall's stability would be needed as required by zoning regulations, as the wall is over three feet. Ms. Carey stated her preference for natural plantings for the landscaping around the detention pond, year round trees, and ornate, "soft structure" for lighting of the site. Mr. Zigmont stated the lighting may be of too low voltage to properly light the site. He also stated the number of proposed handicap-parking spaces may not be adequate considering the number of congregation members. Mr. Murphy stated for the record his opinion that the building is too large for tr~e property. Mr. Zigmont moved to approve the application, subject to the following conditions: a. Submittal of a bond in an amount to be determined by staff. b. All staff concerns to be addressed. c. Submittal of an engineer's certification certifying the stability of the wall. d. An adequate landscaping buffer to be installed. e. Lighting fixtures and architectural design concerns to be approve;d by staff. ~ f. A maintenance schedule for the detention chambers will be followed in the spring and in the fall, as recommended by the applicant's en€;meer. Mr. Murphy seconded the motion which carried unanimously. b. Proposed Final Subdivision Application of Professional Develonment, LLC for 4 lots at Lot 6 Block 132 Becklev Road c. Snecial Permit Use Application of Professional Development LI~C ~ for 2 rear lots at Lot 6 Block 132 Becklev Road Tabled to the March 11, 2004 meeting. No further action. Q(~ 2 d. S ecial Permit Use/Site Plan Anplications of Silver Island Homes LLC for 24 unrts of a~e-restricted multi-family develonment at Lot 65 Block 120 1688 North Colon Road Tabled to the March 11, 2004 meeting. No further action. Proposed Amendments of Staff to amend Section IV.A.17 of the Berlin Zoning Regulations, Rear Lots Mr. Moore moved to approve the proposed amendments. Mr. Weiss seconded the motion. Discussion Mr. Edelson stated he could see no reason to change the regulation, as the commission can deny an application for a rear lot as part of the special permit process and the proposed change may place a burden on residents with properties which may have the potential for rear lots. He stated he would be in favor of leaving the regulation as it stands, requiring twice the acreage as the underlying zone. The motion carried five in favor to two opposed. Voting in favor: Carey, Moore, Murphy, Weiss, Zbrozek Voting in opposition: Edelson, Zigmont V New Business a. Final Subdivision of Coccomo Bros. LLC at Lots 18 and 18A, Block 118, Belcher Hollow Road Mr. Weiss moved to approve the application. Mr. Moore seconded the motion. Discussion Mr. Zigmont asked the applicant's attorney, Mr. James Ripper, if any properties had been transferred in this section. Attorney Ripper responded that none had. The motion carried unanimously. b. Tem~orary Site Plan Amendment Checkered Fla~ Racewav, 1762 Berlin Turnpike Mr. Edelson, the Applicant, relinquished his seat. Mr. Kaczynski was seated. Mr. Ronald Edelson, Checkered Flag Raceway, stated he was in the process of replacing go- karts for the site, and he is proposing to locate three, 8' x 40' containers for the purpose of storing the older model go-carts. As each older go-kart is sold and the container emptied, the container will be removed from the site. Mr. Edelson stated he is anticipating all the carts will be sold by the end of August. He further stated the containers will be located at the base of a hill, not very noticeable from the Berlin Turnpike; the parking spaces that will be used are not required spaces. In response to Mr. Weiss' question about using off-site storage, Mr. Edelson stated off-site area is too small and scheduling times for meeting potential buyers would be difficult. Mr. Weiss moved to approve the application, subject to the following conditions: a. All three containers must be removed from the site by August 1, 2004. b. If additional time is needed for the containers to remain on the site, the applicant will have to re-apply to the Planning and Zoning Commission. The motion carried unanimously. c. Minor Site Plan Amendment Kni~,ht Buildins 296 Woodlawn Road -~_ Mr. Knight was not present at this meeting. Ms. Riggins stated a Certificate of Occupancy has not yet been issued. Ms. Riggins stated the building has not been constructed according to the approved site plan, and the Assistant Building Inspector had brought the matter to her attention. Ms. Carey stated she would like the Chief Building Inspector Nicholas Chirico ~to attend the next Planning and Zoning Commission meeting to explain the problems at this site. At his last attendance of the commission's meeting, it was stated a log of inspections ~rould be kept. ~ ~ • Mr. Zigmont stated the applicant had changed doors and the driveway causing a different impervious surface coverage which could create potential problems. Mr. Weiss stated he would like Mr. Chirico to attend the next meeting. Ms. Riggins will look into the matter and obtain a legal opinion. Mr. Edelson moved to table consideration of the application. Mr. Weiss secondf:d the motion which carried unanimously. VI Other Business There was none. VII Requests for Bond Reductions/Releases There were none. VIII Commissioners' Comments ^ Mr. Edelson stated it is unfair that vendors who locate their businesses on a tf;mporary basis pay a small fee to do so, whereas as established businesses have to pay ,a site plan amendment fee, currently $170, to hold a temporary sale, such as a tent sale. He recommended the item be placed on a future agenda for discussion. ^ Mr. Zigmont stated "hoop" garages should be approved as structures. IX Communications There were none. X Director's Comments There were none. XI Acceptance of Minutes a. December 18. 2003 Mr. Zigmont moved to approve the minutes, as presented. which carried unanimously. b. January 8, 2004 Mr. Edelson moved to approve the minutes, as presented. motion which carried unanimously. c. Januarv 22, 2004 Mr. Zigmont moved to approve the minutes, as presented. motion which carried unanimously. d. February 12, 2004 Mr. Weiss seconded tl~ie motion Mr. Kaczynski secondesd the Mr. Kaczynski second~~d the Mr. Weiss moved to approve the minutes, as presented. Mr. Murphy seconded the motion which carried unanimously. Appropriate commissioners abstained from voting for all approvals. XII Adjournment Mr. Edelson moved to adjourn the meeting. Mr. Kaczynski seconded the motion w~hich carried unanimously. The time was 10:12 P.M. ~~~ Respectfully submitted, g ~ ( • ` ~ ~~ ~ r ~ ~~ ~r ~ ~ ~ ~ rn rn /~ ~ ~(~jG~~~ ~ J ` ~ Z~~vC ~ ~ ~ r"~ ~ t~ . . - ~~~~ /"l - ~c i ~ ~ -*, 0 Frances M. Semnoski ~~ ~ D -~ ~ Land Use Administrator ; ~ . ~ ~ ~ • _ ____ ._ _