2012-09-27
Berlin Planning and Zoning Commission
Regular Meeting Minutes
The Berlin Planning and Zoning Commission held a Regular Meeting on September 27, 2012 in
the Town Council Chambers, Berlin Town Hall, 240 Kensington Road. The meeting was called
to order at 7:00 p.m.
In attendance:
Vice-Chairman Kevin Murphy (Acting Chair)
Commissioners Mark Parasiliti, Brad Parsons
Alternate Commissioner Steve Wollman (seated)
Director of Development Services Hellyn Riggins
Excused:
Chairman Bruce Moore
Commissioners Ron Edelson; Mark Kaczynski; Gary Marzi
II Review/Acceptance of Minutes
a. August 23, 2012 – Regular Meeting
Commissioner Wollman moved to table review of the minutes.
Commissioner Parasiliti seconded the motion which carried unanimously.
b. September 13, 2012 – Regular Meeting
Commissioner Wollman moved to table review of the minutes.
Commissioner Parasiliti seconded the motion which carried unanimously.
III Commission Business
a. In accordance with Section 8-24 of the Connecticut General Statutes, review and
recommendation of the purchase of a generator for Town Hall
Director Riggins stated purchase of the generator is being requested as part of the town’s
emergency preparedness plan. Currently, if power is lost, only the Town Manager’s office has
emergency power. She stated if the generator is purchased, a site plan amendment application
may be required for its siting. She said the generator will need to be powered intermittently to
maintain it and noise levels will be considered due to the abutting residential neighborhood. She
stated the purchase will permit town services to be operational during a power loss.
Commissioner Parsons moved to forward a favorable recommendation to the Town Council.
Commissioner Parasiliti seconded the motion which carried unanimously.
IV Public Hearings
Vice-Chairman Murphy read the Call of the Hearing.
a. Subdivision Application of Stephen Dalfino for 2 lots at Lot 130, Block 12D,
45 Hemlock Ridge (Continued from September13, 2012)
Berlin Planning and Zoning Commission Meeting Minutes – September 27, 2012
Director Riggins stated the applicant has submitted a written request for the hearing to be tabled
at this meeting because he is not prepared at this time to respond to staff notes. She noted he
also submitted his agreement to waive any mandatory time restraints should that be necessary.
Commissioner Wollman moved to continue the public hearing to October 11, 2012.
Commissioner Parsons seconded the motion which carried unanimously.
b. Subdivision Application of Shuttle Meadow Country Club for 3 lots
at Lot 8, Block 10, Club Drive
Mr. Bart Bovee, P.E., MBA Engineering, Steepleview Drive, Berlin, stated the Shuttle Meadow
Country Club owns 356 acres, and all but 60 of those are located in Berlin. The sixty acres are
located in New Britain. He stated the proposed three-lot subdivision has 358 feet of frontage.
Three driveways are proposed and there is availability of public water and sewer hook-ups. The
curbing will be realigned. Mr. Bovee stated Town Engineer Art Simonian has stated a major
concern to be that no additional runoff from the three homes will contribute to the nuisance of
the flooding on Club Drive which occurs after heavy rainstorms. Mr. Bovee stated the
applicant’s proposal will have zero impact on the roadway, and rain gardens will also be
installed. Mr. Bovee stated that some people think that the Shuttle Meadow Country Club is
responsible for the flooding in the area; however, he stated he had done a quick analysis and his
opinion is that the flooding occurs from the drainage off the roads. Mr. Bovee stated the Shuttle
Meadow Country Club has had discussions with the town, relating to a separate matter, during
which the Country Club has offered some land which would provide the town with a potential
opportunity for a storm water management area which could have allowed the drain to be
extended and used for storm water infiltration. He noted the current application for three lots
had been before the commission approximately three or four years ago, and Town Engineer
Tony Ferraro had not been in favor of easements at that time. The main concern of the club was
contamination of the water supply. Mr. Bovee this current application will generate zero runoff,
and there is a good faith effort by the applicant to deal with the drainage issue.
Director Riggins stated the plan is still under staff review.
Acting Chairman Murphy stated the hearing will remain open to allow completion of staff
review.
Speakers
Attorney Vincent McManus, representing homeowner Kenneth Nelson, 26 Club Drive, stated a
previous application submitted several years ago was “identical” and that application had been
withdrawn by the applicant to “resolve drainage issues”. He stated his opinion that that had been
an admission by the applicant regarding the water run-off. Attorney McManus stated staff
should confirm with Berlin’s Department of Public Works that Club Drive is closed during
flooding due to the danger from the water. He stated there are wetlands on the southeast corner
of the property and it is a requirement that the applicant has to contact the Inland Wetlands and
Water Courses Commission. He stated he had reviewed the current plan and it is his opinion the
applicant will add substantial storm water runoff to the Club Drive flooding situation. He stated
all the lots show driveway runoff and front yard run off which will go the street and that is a
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reason there is opposition to the proposal. He stated contour maps were not submitted in
accordance with town regulations. He stated Subdivision Regulation 52.02 states the town has
the right to require storm water drainage to be installed in the street and, he also referenced
Section 53.03 which addresses failure to show wetlands.
Walter Sullivan, 80 Club Drive, stated he has lived in the neighborhood for twenty-five years; he
described the flooding conditions.
Ken Nelson, 26 Club Drive, stated he has lived in the neighborhood for thirty years and has
spoken with Shuttle Meadow Country Club representatives many times regarding the water flow,
which can be 18” wide, 1-1/2” deep. The water flows off the parking area and continues to
Chatham Road. He said the neighbors have called the Fire Department because the water comes
in so fast.
Madeline Fisk, corner of Club Drive and Randecker’s Lane, stated has lived in the area since
1951. Her concerns are the ponding of the water in the spring and its freezing in the winter. She
asked if there are wetlands on the land of the proposal. She stated the area is a very active,
family-oriented neighborhood and stated her concern for safety.
Ina Knapp, 57 Club Drive, stated she has lived at her residence for 29 years. She described the
damage and loss from flooding in the area.
Mary Gould, 47 Club Drive, stated her property is located across from the proposed three lot
subdivision. She said prior to her home’s being constructed eleven years ago, a great deal of fill
had been brought in to eliminate the “ice skating rink” on her property. She stated she has two
dry wells on her property; however the flooding in the area has caused her to lose a lot of top soil
and her basement floods several times a year. She stated when the town repaved Club Drive, the
level of the road was raised and since that time, when there are normal to heavy rains, the water
flow into her driveway turns to ice in the winter and creates an “extremely dangerous” condition.
She stated she is “absolutely opposed” to the proposal.
Richard Pentore, 14 Chatham Road, stated there are flooding issues in his neighborhood as well.
He stated he would encourage the town to combine its efforts with those of this applicant’s to
alleviate flooding issues in the area.
Ken Nelson, 26 Club Drive, stated the applicant is proposing a four foot extension to the road
which seems like an expense, when a pipe can be installed to solve the flooding.
Bart Bovee, P.E., MBA Engineering, Steepleview Drive, stated the soil report, which he
submitted for the record, indicates there are no wetlands on the property. He also submitted a
map he used during the presentation for the record. He stated the proposed 24’ pavement will
reduce the flow and will be constructed to town standards. He stated the flooding problems are
not only on Club Drive but a much larger area. He stated on the Shuttle Meadow Country Club’s
own initiative, discussions had been held with the town to try to resolve the problems. He stated
this proposal will not add to the area’s drainage problems. He used a topographical map, which
he stated to be forty or fifty years old, to show the natural flow of the water and the natural low
point of the water. He stated this application would not permit a pipe connection to get it to the
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lowest point, and the town will need an easement to the north side of the site to make the
drainage work. He stated the proposed site does not contain the natural low point and the
applicant will need to work with rain gardens and dry wells to have zero impact. He stated the
applicant’s willingness to work with the town.
Director Riggins asked if the applicant were proposing any discussion regarding working with
the town.
Mr. Bovee stated that was not part of this application.
Director Riggins asked how the rain gardens and swales would be maintained.
Mr. Bovee stated those issues can be dealt with and the applicant will work to satisfy staff
concerns.
Attorney McManus asked the size of the parking area and its current capacity of detention
facilities.
Mr. Bovee stated the area of the parking lot and yard area is approximately 1-1/2 acres or 3-1/2
to 4/1-2 percent of the overall water shed area. The older parking lot predates standards and
there is zero storm water management. The new parking lot, developed six or seven years ago,
was constructed with soft drainages and its runoff goes down Randeckers Lane.
Commissioner Wollman moved to continue the hearing to October 13, 2012.
Commissioner Parasiliti seconded the motion which carried unanimously.
c. Subdivision Application of Audrey F. Roby Living Trust for 2 lots at
Lot 10-B-1, Block 107, Orchard Road
Mr. Bart Bovee, P.E., MBA Engineering, Steepleview Drive, Berlin, stated members of the Roby
family were present. He stated the two lots will be created for the family. Water and sewer is
available; however, Lot 10-B-1 will require a sewer extension which will be discussed with the
family. He stated he had met with Deputy Director of Public Works James Horbal at the site to
address other comments, including extending the drainage and the creation of a swale. The
curbing as proposed is acceptable to staff.
James Roby, 1667 Orchard Road, stated Roby family members stand in favor the application and
will work through the drainage issues. He stated the property had flooded seven times last year,
with four to seven inches of standing water.
Director Riggins stated she is working with the Town Engineer regarding any further comments.
Commissioner Parsons moved to continue the hearing to the October 13, 2012 meeting.
Commissioner Wollman seconded the motion which carried unanimously.
V Old Business
a. Fill Permit Application of Peter D’Addeo to fill 22,000 c.y. of material,
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2.5 acres, Lot 12, Block 83, Berlin Turnpike
Peter D’Addeo stated he had met with Town Engineer Art Simonian and Deputy Director of
Public Work Jim Horbal at the site. He stated regarding the Department of Transportation land
on the property, the area north of the driveway/curb cut had been re-graded and an 8” pipe, as
suggested by town staff, had been added. Rip rap and a plunge pool to direct water to the catch
basin put in for the DOT’s encroachment permit were also added. He stated BL Companies had
submitted a report regarding the wetland inspection report to Deputy Director Horbal, and the
report was acceptable to Mr. Horbal.
Director Riggins stated she had met with both Mr. Simonian and Mr. Horbal and both had no
concerns with an approval, if contingent upon continued Town of Berlin engineering staff’s
monitoring and approval during the process and final completion of the work.
Commissioner Wollman moved to approve the application, subject to the following:
a. Subject to Engineering approval, with consideration of such things as what type
of fill, final grading and seeding to be required consistent with Town Standards.
b. Continued Town of Berlin Engineering staff’s monitoring and approval during the
process and final completion of the work.
c. Remittance of $1,650, which is a fee of $75.00 per 1,000 cubic yards, or any
fraction thereof, due upon approval of the fill permit application.
Commissioner Parsons seconded the motion which carried unanimously.
b. Subdivision Application of Stephen Dalfino for 2 lots at Lot 130, Block 12D,
45 Hemlock Ridge
No further action – public hearing continued to October 13, 2012.
c. Subdivision Application of Shuttle Meadow Country Club for 3 lots
at Lot 8, Block 10, Club Drive
No further action – public hearing continued to October 13, 2012.
d. Subdivision Application of Audrey F. Roby Living Trust for 2 lots at
Lot 10-B-1, Block 107, Orchard Road
No further action – public hearing continued to October 13, 2012.
VI Commissioners' Comments
VII Director's Comments
VIII Communications
IX Adjournment -
The meeting adjourned at 8:10 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary
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