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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 25 Page of Berlin Planning and Zoning Commission Meeting Minutes – September 27, 2012 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 35 Page of Berlin Planning and Zoning Commission Meeting Minutes – September 27, 2012 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, 45 Page of Berlin Planning and Zoning Commission Meeting Minutes – September 27, 2012 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 55 Page of