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2014-02-27Berlin Planning and Zoning Commission February 27, 2014 Regular Meeting Minutes I Call to Order The Berlin Planning and Zoning Commission held a Regular Meeting on February 27, 2014 at 7:00 p.m. in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road. The meeting was called to order at 7:00 p.m. In attendance Chairman Bruce Moore Commissioners Ronald Edelson, Mark Kaczynski, Steve Wollman Alternate Commissioner Curtis Holtman (seated) Excused Commissioners Kevin Murphy, Mark Parasiliti, Brad Parsons a Schedule Public Hearing a. Subdivision Approval Application of Mahler Realty Advisors, Inca_ Waterbury, CT, for seven lots at 57 Southington Road — Suggested Date: March 27, 2014 Commissioner Kaczynski moved to schedule the hearing for March 27, 2014. Commissioner Wollman seconded the motion which carried unanimously. II Meeting Minutes a) January 23, 2014 Commissioner Wollman moved to approve the minutes, as amended. Commissioner Kaczynski seconded the motion which carried unanimously with one abstention (Commissioner Edelson). III Request for Bond Release a. Request of Geoffrey W. Sager, Member, Stonebridge Berlin II Associates LP, for a bond release Stonebridge Residential Develo ment Director Riggins stated the engineering staff report is pending. Commissioner Edelson moved to table this agenda item. Commissioner Kaczynski seconded the motion which carried unanimously. IV Public Hearings Chairman Moore read the Call of the Hearing. Commissioner Edelson moved to combine Items a. and b. for the purpose of discussion. Commissioner Kaczynski seconded the motion which carried unanimously. Berlin Planning and Zoning Commission Meeting Minutes — February 27, 2014 a. Proposed Subdivision, Hunter Ridge Estates, of Christopher J. and Kellie A. Tralli, for four lots at 1210 Kensington Road b. Special Permit Request of Christopher J. and Kellie A. Tralli for a rear lot at 1210 Kensington Road Mr. Matt Bruton, BL Companies, representing the applicant, stated the property is approximately seven acres with an existing residence and a barn. The site has residential uses to the north and south; Kensington Road to the east; and Town of Berlin owned property to the west. Four lots are proposed — three, one acre properties on Kensington Road and one rear lot, just over three acres, with a 25' accessible frontage. There is property to the back of the rear lot, which is just under one acre, to be designated as open space. Septic systems will be required for all of the lots. In accordance with the Health District's requirement, pert tests have been done on all four lots and all "all seem to be buildable". The access to the rear lot which is 25 feet in width, as required by regulations, is quite steep from the end of Kensington Road access to the back lot. He stated the existing house will be demolished eventually. Commissioner Edelson noted the well is located within the "buildable square" for Lot 3. Director Riggins stated the buildable squares are not appropriately shown. She stated she will need to see calculations, percentage of slopes, no wetlands before she can sign off on the plan. The two lots on which the home is located will not be building lots until the old house is removed. Mr. Bruton stated that will be fairly easy to do as the lots are mostly flat. Chairman Moore noted the property proposed as open space is adjacent to Bicentennial Park. Director Riggins stated the town also owns an additional section of property that runs along the side of the subject property. She stated the Commission needs to consider the acceptance of open space or a fee in lieu of the property. Commissioner Moore stated acquisition of open space will sometimes involve small areas and may not be beneficial to the community due to the liability and maintenance involved. A fee in lieu of space can benefit the conservation commission as well as the community. He stated he sees this open space, with its access to Bicentennial Park, as a benefit to the community as a whole. Commissioner Wollman and Kaczynski agreed with his opinion. Director Riggin stated Town Engineer Simonian has stated acceptance of the open space will N Berlin Planning and Zoning Commission Meeting Minutes — February 27, 2014 provide a buffer to further protect the wetlands in Bicentennial Park. The applicant will need to install 4' x 4' posts indicating Town owned land to deter encroachment. She stated, based on Police and Engineering reports, parking may never be built; however, it is impossible to predict what may happen regarding parking in the future. She noted the "buildable squares" on the map need adjustment; setbacks need to be labeled; and frontage needs to be checked on the rear lot. Chairman Moore stated the Commission would need the applicant's assurance that he will work with staff to address final staff comments. Mr. Christopher Tralli, 1210 Kensington Road, Applicant, stated he emphatically reinforces that they will work with staff that all conditions of approval will be met. He stated the proposal is a culmination of many months' work. Chairman Moore asked for information about the topography across the back of the property. Mr. Bruton stated the property drops dramatically, 20 to 30 feet, at the rear of lots. He stated it is heavily forested. Director Riggins stated the Commission could require a buffer; however, the topography may limit what could be required. Commissioner Edelson suggested the addition of a conservation easement in the back of Lot 3. Director Riggins responded the applicants would have to agree to the easement. Mr. Tralli stated adding additional buffering to the hillside would be detrimental. The hill is held with mature trees provide a dense buffer even in the winter and a "great barrier" in the summer months. A certain amount of width across the back of the hill would be acceptable to take; if a tree is diseased or a safety hazard, it could be taken down. Commissioner Wollman asked what the dimension is from the back of the house to the line of the back lot. Mr. Bruton stated it was 100 feet. Director Riggins noted the setback is 50 feet. Mr. Tralli stated the existing house straddles Lots 1 and 2. He stated he has no objection to providing some of the land for an easement. Director Riggins asked if the easement would also carry over to the middle lot as well. She asked about the condition of the barn. 3 Berlin Planning and Zoning Commission Meeting Minutes -- February 27, 2014 Mr. Tralli stated the barn is not useable, has a dirt floor, and should be torn down. Director Riggins stated she will confer with Town Counsel Weber to see if a time frame is necessary for that work. If the lot with the accessory use has the same ownership it would be acceptable; however, once the lot is sold it becomes an illegal structure. Speakers Mr. Giuseppe Paonessa, on behalf of Martha Hart, owner of 1161 Kensington Road, asked if the rear lot will have adequate access for a fire truck. Director Riggins responded it would. The driveway is 18 feet wide, as required, with 12 feet of width and 3 foot shoulders. Fire Marshal approval is required prior to a house permit's being issued. It would not have to necessarily be paved, but needs to support emergency vehicles. Mr. Charles Paonessa asked if a dry well will be installed. Director Riggins responded Town Engineer Simonian will work with the applicants' engineer to see if their work meets requirements. Mr. Paonessa stated the access from the road is not clearly marked. Director Riggins stated that is not the applicants' responsibility. She stated their responsibility is the rear property line along the back. She noted she would speak with the Conservation Commission concerning the flagging of new lots to avoid encroachment. Mr. Robert Bird, 1270 Kensington Road, stated the more he had investigated the applications and spoke with Mr. Tralli, the less concern he had about the proposal. He stated he was told there wouldn't be any blasting. He stated the open space will provide further protection of any wetlands and will enhance the natural environment of Bicentennial Park. He stated the development does not negatively impact the Plan of Conservation and Development. With regard to Lot 4 and its 25 foot driveway which has a substantially deep decline into Lot 4, Mr. Bird described rain water accumulation issues he has on his property. He submitted a letter from his wife which summarized concerns. Mr. Bird said concerns for the possibility of radon in the area, the hardness of the water, and the possibility that water runoff from the nearby Caliandri's property and Kensington Road may end up in the comer of Lot 4 should be considered. He again stated his support for the proposals. Mr. Carl Ciarcia, Kensington Road and 2622 Berlin Turnpike, stated his support of the proposals. Mr. Bruton stated regarding the drainage for Lot 4, the lot is a deep lot, and he does not foresee a 4 Berlin Planning and Zoning Commission Meeting Minutes — February 27, 2014 problem with water. Chairman Moore stated the town engineer will review the access and its significant change in steepness to Lot 4 with the applicants. Director Riggins said the fire marshal has indicated there is no issue with the driveway which can meet regulations, and his notes, as well as any other staff comments, will also be addressed prior to the recording of the subdivision. Commissioner Edelson moved to close the hearing. Commissioner Kaczynski seconded the motion which carried unanimously. C. Proposed Amendment to the Subdivision Regulations regarding fees for road testing, Director of Development Services Hellen Riggins Director Riggins stated there is a regulation requirement that a developer posts an estimate x 150 percent for road development with the Town. This regulation was adopted under a previous manager and town engineer. Core samples are taken prior to the acceptance of a road. The fees are being adjusted and the town council adopts a fee schedule. Some years, the cost of road testing has gone up; sometimes fees go down. The proposed change is that the Town Council will be set the fee each year. There were no speakers. Commissioner Kaczynski moved to close the hearing. Commissioner Holtman seconded the motion which carried unanimously. V New Business a Site Plan Amendment of Cedar Brickyard, LLC for a retail use at Lot 5, Block 121, 129 Berlin Turnpike Mr. Todd Shively, Director of Construction, Cedar —Brickyard LLC, stated the company has spent over five years of time and extensive money on improvement at the Brickyard for various improvements. Vegetation has been maintained in the wetlands area, paving done, lighting upgrades, landscaping, and the Kohl's Department Store site was originally demolished and rebuilt. This amended site plan continues the redevelopment a 6300 s.f. area, formerly Sam's Club. Some components will be retained, including the concrete slab, footers, and masonry walls. A 52,000 s.f. building will accommodate a Michael's store and another area to lease. Fagade upgrades will be done. On behalf of the community, Chairman Moore stated his appreciation for Cedar -Brickyard's work. 5 Berlin Planning and Zoning Commission Meeting Minutes — February 27, 2014 Mr. Mark Heeb, P.E., BL Companies, Project Manager, stated the proposal is continuation of filling in the space of the plaza. A 22,000 s.f. space will contain a Michael's store which has a loading dock in the rear of the site and an area for a trash compactor. The utilities, including gas, electricity and water, will use existing systems and will be routed separately. Sewer lines will be added. There will be a remaining 30,000 s.f. space for a future tenant. There will be no changes to the parking. The new facade will unify the entire front. A color scheme will blend throughout the stores. All staff comments are addressable. Director Riggins states signage will need to be approved. She requested there be no "gaping hole" created when demolition occurs. Mr. Shively stated certain building systems will be re -used, including the sprinkler line to Michael's. For the record, he stated no gaping hole will be left by unfinished building. Commissioner Wollman moved to approve the application, subject to the following conditions: a. All staff comments will be addressed. b. Submittal of a bond in an amount to be determined by staff Commissioner Edelson seconded the motion which carried unanimously. VI Old Business a. Proposed Subdivision, Hunter Ridge Estates, of Christopher J. and Kellie A. Tralli, for four lots at 1210 Kensington Road Commissioner Wollman moved to approve the application, subject to the following conditions: a. Work with staff to address all comments. b. Submittal of a bond in an amount to be determined by staff Commissioner Kaczynski seconded the motion which carried unanimously. b. Special Permit Request of Christopher J. and Kellie A. Tralli for a rear lot at 1210 Kensin on Road Commissioner Wollman moved to approve the application, subject to the following conditions: a. Work with staff to address all comments. b. Submittal of a bond in an amount to be determined by staff Commissioner Kaczynski seconded the motion which carried unanimously. Commissioner Edelson moved that the Commission accept the open space, as indicated on the approved plan. Commissioner Wollman seconded the motion which carried unanimously. 9 Berlin Planning and Zoning Commission Meeting Minutes — February 27, 2014 C. Proposed Amendment to the Subdivision Regulations re ardin fees for road testing, Director of Development Services HellyLt Riggins. Commissioner Wollman moved to approve the amendment, as proposed. Commissioner Holtman seconded the motion which carried unanimously. Commissioner Kaczynski moved to add the following item to the agenda: ELECTION OF OFFICERS Commissioner Holtman seconded the motion which carried unanimously. Chairman Commissioner Kaczynski nominated Bruce Moore for Chairman. Commissioner Wollman seconded the motion. The Secretary cast one vote. Vice -Chairman Commissioner Holtman nominated Kevin Murphy for Vice -Chairman. Commissioner Kaczynski seconded the motion. The Secretary cast one vote. Secretary Commissioner Edelson nominated Mark Kaczynski for Secretary. Commissioner Holtman seconded the motion. The Secretary cast one vote. VII Commissioners' Comments VIII Director's Comments IX Adjournment The meeting adjourned at 8:30 p.m. Respectfully submitted, rances M. Loski Recording Secretary 7