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2014-04-24Berlin Planning and Zoning Commission Regular Meeting Minutes — April 24, 2014 I Call to Order The Berlin Planning and Zoning Commission held a Regular Meeting on April 24, 2014 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, Kevin Murphy, Mark Parasiliti, Steve Wollman Alternate Commissioners Curtis Holtman (seated); Nicole Pac (not seated) Director of Development Services Hellyn Riggins Excused Commissioners Mark Kaczynski, Brad Parsons Chairman Moore announced that the following agenda item is being postponed, at the request of the applicant, due to illness: b. Proposed Amendment of Richard H. Pentore, Esq. to amend Section VIIIA. Planned Office Residential District — POR At the request of the applicant, Commissioner Murphy moved to continue the opening of the public hearing to the May 8, 2014 meeting. Commissioner Edelson seconded the motion which carried unanimously. II Approval of Minutes a. March 20,2014 Special Meeting with Economic Development Commission Commissioner Murphy moved to approve the minutes, as presented. Commissioner Parasiliti seconded the motion which carried unanimously, with the appropriate commissioners abstaining. b. April 10, 2014 Regular Meeting Commissioner Murphy moved to approve the minutes, as presented. Commissioner Parasiliti seconded the motion which carried unanimously, with two commissioners abstaining (Commissioners Edelson and Commissioner Wollman). III New Business a. Site Plan of BioPellet LLC for a manufacturing use at 525 Becklqy Road Attorney Salvatore Petrella, Cromwell, CT, on behalf of the applicant, stated one of BioPellet's owners, Mr. Jason Blakeslee and Professional Engineer James Cassidy were also present. He stated BioPellet takes plain, discarded sawdust, such as that found as a by-product of cabinet making, compresses it and produces a brick used for burning for heat. There are no emissions or Berlin Planning and Zoning Commission Meeting Minutes April 24, 2014 use of chemicals and the company is truly a "green company". The machinery used on site is electric, with some propane used for machinery. The property has a former factory in the rear. The plan is to renovate portions of the site, and add additional buildings required for the manufacturing process. The design of the property is located a substantial distance from Beckley Road and is not visible from Beckley Road, even in the winter, with one exception. The property is highly vegetated, and there is only a small section where the building is visible from Route 9, and the landscaping plan will address that particular area. There is an existing access road which crosses a stream and will be made suitable for the traffic which will cross it. The proposed use is a permitted plan in the Planned Industrial zone. The manufacturing use will bring five or six jobs into the town and the site work will revive the property. Mr. James Cassid.E_, Hallisey, Pearson & Cassidy, Rocky Hill, CT, reviewed the site plan. The existing driveway will be re -graded and improved. He stated the site is interesting as it has no frontage, and an access road comes into the site off Beckley Road. He stated the site has a 5,974 s.£ existing building. There are public sewers and water and there is an associated Inland Wetlands and WaterCourses approval associated with this project. Water flows through a natural sheet flow to an adjoining wetlands. There is an existing box culvert which was installed when the existing building or sewer was constructed. Its construction is almost identical to one just installed on Beckley Road which is designed to handle truck and traffic; the one on this property has the same dimensions and no problems are anticipated. The existing building will be re -worked to make it suitable for the proposed operation of BioPeilet. He stated the wood dust brought in from mill work is compressed with a 150 ton press. No chemicals or water is added. The brick is burnable, and some restaurants use in it in their brick ovens. He submitted a bio -pellet brick for the record. The existing building will have the presses in it; two buildings will be added. One will have an area for a tractor trailer. truck to back into to unload the wood millings; the other building will be the "feeder bin" which has an auger on a track and works its way back and forth. The topography of the site works well, as the grade is higher where it is necessary to operate specific machinery. There will be some storage on the outside, under an overhang, to be loaded and trucked off to its destination. Crushed stone to cover the ground will be used. Parking will need to be added, and no formal parking is proposed at this time. Ideally, parking will be in the front of the site; one handicap space will be needed. Currently there are eight employees. There is more than enough area for future expansion of parking. Another area in the back of one of the buildings will be re -graded and a stone surface installed which will allow a pick-up truck to be parked. Public water and sewers presently used for the existing building will be maintained. Some improvements to the storm drainage will be done; the same pattern will continue with the water flowing off the parking lot. A swale will be installed to collect the water which will be discharged to a storm water quality basin through an outlet structure then to a rip rap level spreader about 50 feet from the wetlands and then into the wetlands. Roof liters will be installed on the proposed building and will discharge directly to a level spreader then into the wetlands. Mr. Cassidy stated the building which will be used to unload the truck will have its base constructed of heavy concrete block in case a truck drives into it by accident. The top portion will be a hoop structure with a polyethylene cover to allow natural light into the building which will help to keep the product dry. The northerly end will be open; the other three sides are Berlin Planning and Zoning Commission Meeting Minutes — April 24, 2014 closed. There are clusters of cedar trees and existing vegetation which will remain for screening. In addition, a variety of evergreens, all varieties of which will be selected by a professional arborist, will be planted. Mr. Jason Blakeslee, stated he is half owner of the business; his business partner is Mr. Steven Winota. He stated the company, which started about nine years ago, is presently located on Four Road. He stated they brought the technology used to North America. He has been in the pellet business for twenty-seven years. He stated they created a market that didn't exist and they are highly successful. They have about one hundred retailers, including Agway, True Value, Dakota Restaurant, and forty-seven Bertucci restaurants. Cord wood emits a lot of particulates into the atmosphere; their product has no bark or additives — it is 100 percent kiln dried sawdust, with no chemicals and its use has to be food safe. There is no creosote build up as with cord wood, nor emission issues concerning town, state or federal regulations. He noted signs are posted coming into Connecticut, as well as others, that bring public awareness to a major beetle blight infestation which prohibits bringing firewood into the state, unless it is permitted. He stated bio - pellets are a solution to cord wood and are an affordable heating source. Regarding the cost, seasoned oak burns at 18 lbs. per cubic foot; bio brick burns at 50 lbs. per cubic foot. Its density provides burn time and is more economical. He stated he has a passion about its economic importance for because it creates jobs in this country. He used an example of a factory which was almost bankrupt three years ago. The cost of removing sawdust cost $15,000 to $20,000 a month to remove its wood millings; BioPellet paid $15,000 to $20,000 to purchase those millings and since then, the factory has added three shifts, operates seven days a week, and is supplying 100 percent of all flooring going into the trade centers. They are buying more equipment and have tripled their staff. He stated the statistic that 87 cents/per dollar of the purchase of oil leaves our region; 100 percent of the their money stays in the region. Director Riggins stated work on this application has been ongoing and meetings held. She noted hoop houses are not usually approved; but, as Chairman Moore had mentioned, there is a provision in the industrial zones to allow outside storage. She noted the importance of keeping trees on the site for screening. Commissioner Murphy asked how the dust and wood chips stored in the hoop house would be controlled. He asked about the size of the buildings located on Four Rod Road. Mr. Blakeslee described the buildings at the current location. He stated three sides of storage building will be closed in. Commissioner Murphy stated if the millings are not contained and they become airborne, there could be fire department and fire safety issues. Mr. Blakeslee stated this structure would be the best way to manage the storage. The worse scenario would be the destruction of the plastic hoop house. He said many precautions are taken and the issue is taken very seriously. Mr. Cassidy stated the product can't get wet and can't be stored all the way to the front of the building. One side needs to be open to allow the tractor trailer into it to unload product. He Berlin Planning and Zoning Commission Meeting Minutes — April 24, 2014 stated expansion of the building will improve the operation of the business. Commissioner Murphy stated his approval that the fire marshal's approval is on record. He asked how heavy the truck traffic will be. Mr. Cassidy stated the driveway is constructed of stone and had truck traffic related to the building's former manufacturing use. The driveway issue will be periodically re -addressed. Commissioner stated that the fire marshal has stated no issues. With regard to the crushed stone, he asked how heavy the trucks would be. Commissioner Edelson stated his endorsement of the product and his support of having the company remain in Berlin. Commissioner Wollman moved to approve the application, subject to the following conditions: 1. The Planning and Zoning Commission granted a parking deferral for spaces required but not shown on plan. The spaces are deferred until such a time as needed, as determined by staff. All handicap spaces must be constructed to, ADA standards. 2. The applicant will work with staff regarding tree protection on the site. 3. Dust control will be monitored. 4. All staff notes to be addressed 5. Submittal of a bond, if required, in an amount to be determined by staff. Commissioner Holtman seconded the motion which carried unanimously. Chairman Moore read the Call of the Hearing for the following public hearing. IV Public Hearings a. Subdivision Approval Application of Mahler Realty Advisors, Inc. for 7 lots at 57 Southington Road Commissioner Steve Wollman is recused from this hearing. Attorney Peter Evans, Rogin Nassau, LLC, Hartford, CT, representing the applicant, stated Mr. Jack Guilmartin, Mr. Mark Casslar, and another associate were in the audience. Attorney Evans stated the 19.65 acre property is in an R-86 zone. There is a proposal to transfer 1.055 acres of property to the South Burying Grounds Association; after that transfer 18.640 acres will remain on the site for the 7 lot subdivision. The smallest lot will be 86,300 s.f.; the largest will be 107,600 s.£ All have the required frontage; the subdivision will be on a cul de sac which has the required 60 foot street radius. Mr. Jack Guilmartin, JL Surveying, 212 Old Brickyard Lane, stated there are no proposed sewers Berlin Planning and Zoning Commission Meeting Minutes —April 24, 2014 or water hook-ups. The drainage system has two detention basins and there is existing catch basin near the road which may be tied into to create zero post development water leaving the site. There will be a 60 foot right of way for the road. The project has been before the Inland Wetlands and Water Courses Commission for the brook. All the lots will have rain gardens, as required by wetlands. The property has a former farm use and has open fields. Drainage will meet town standards. Comments have been received from Health Department, and the plans will be revised to reflect staff changes once they are received. Attorney Evans stated he had asked for the postponement to this evening's meeting. He stated he had met with Central Connecticut Health District's Nancy Brault who stated she would like to refer to the State Department of Public Health and the State of Connecticut Department of Environmental Protection and the applicant had agreed. He stated the developer shares the same opinion as the commission with regard to the remediation of the site. Mr. Mark Casslar, President of GeoQuest, Bloomfield, CT, stated the site was an agricultural property with pesticides. He stated he has 30 years experience in the State of Connecticut, and it is rare to find a property which had an agricultural use in the 1940's to 1960's that doesn't have levels which are more often above acceptable levels of pesticides. It is the consensus that the pesticides were applied for a purpose and are not considered a spill or discharge. The standards used in Connecticut are used for controlled spilled or discharged. This site has levels of pesticides which are over remediation standards and direct exposure to contaminants. Early testing of 30 samples was taken from the 0 to 3 inch levels and contamination was detected. His question is the degree of contamination. Fifteen more samples were collected. Sites are shown on a map and are 9 inches and 18 inches below grade. The realty is organic chlorodine pesticides adhere to the organic rich soils — typically in the upper two feet or less. The 15 locations would show the vertical distribution to be a "fair amount" at 3"; "less" at 9"; and "almost none" at 18". Pesticides were detected in 11 of the 15, 9" samples; and only 3 of the 18" samples; pesticides below regulatory guidelines in 13 of the 15; only 2 of the 9" samples, and none of the 18". The pesticides are adhering to the organic rich upper soils of the profile and leaving a fairly thin profile to manage. One of the primary methods of managing the contamination will be to mix the upper 9 inches of soils. It's a routine method — done on a regular basis by his company and others. There will be confirmation with soil samples at the end of the process, and if not effective, the area would be re -addressed. Testing for herbicides was also done at 9 and 18 inches; no herbicides were detected. Arsenic, mercury, lead, and metals associated with argricultural chemicals were found. They also occur naturally. They were not found in the 9 or 18 samples. Regarding the water quality, six temporary wells were advanced and the water analyzed and tested for VOC's, Semi-VOC's, herbicides, and pesticides. One sample had one pesticide, and metals founds in three of the six samples. Some of the pollutants are naturally occurring. There was no indication that the use of agricultural chemicals has had an adverse impact on the site. The management of these soils is done using one or two approaches. He stated the soil is moved and mixed in layers and is used when much deeper contamination exists and more soil is needed. Berlin Planning and Zoning Commission Meeting Minutes —April 24, 2014 This site would use large, but standard root -tilling equipment and mixed in multiple passes. Chairman Moore asked how deep the mixing would occur. Mr. Casslar stated typically 9 to 12 inches. Chairman Moore stated he thought he understood it to be 18 inches. He asked for further clarification. Mr. Casslar stated there were 15 locations, 30 samples were analyzed — 15 at 9"; 15 at 18". Pesticides were only detected in eleven of the 9 inch samples, and three of the 18 inches. Attorney Evans stated mapping of the test sites will be provided. The existing well on the property was tested in 2012. There was no evidence of pesticides in the existing well. This was discussed with Sanitarian Nancy Brault from the Connecticut Health District who originally had stated the well would need to be closed and capped. However, she will review it further. Chairman Moore asked if the applicant would share the same opinion as Ms. Brault that the state may become involved. Attorney Evans stated he believes in the legal information which he provided to Town Counsel Weber, long before the hearing opened, regarding that the Connecticut Supreme Court has acknowledged (referencing the Town of Simsbury's 300 acre subdivision on a consolidated tobacco use property) that remediation is not required by any statute or regulation. He stated the plaintiff agreed to remediate, as the developer for this application is. He stated they are "more than happy" to share information with the state and meet to discuss this issue with any state agency. Director Riggin asked Mr. Casslar to clarify the soil will be mixed on site, with no soil removed, so the percentage of contaminants will be less in the testing results. Mr. Casslar agreed. Attorney Evans stated, with a few exceptions, he had no issues staff comments; however, he does with the Inland Wetlands' comment that the applicant, Mahler Realty, must apply to Inland Wetlands requesting approval to transfer the existing permit approval that was approved for Southington Road Associates. He stated the applicant is an affiliate of the lender to the record owner, Southington Road Associates, LLC. He stated he is uncertain if the ownership of the site will change. He stated there is no need to transfer permits, unless ownership changes. He stated the approval runs with the land. Chairman Moore stated Town Counsel Weber is reviewing the matter. Director Riggins stated the matter must be settled prior to the commission's acting on the application, and that must be decided by the Inland Wetlands Commission and Attorney Evans.. Berlin Planning and Zoning Commission Meeting Minutes —April 24, 2014 Attorney Evans stated he disagrees with the requirement for sidewalks. Director Riggin stated the Police Department has requested sidewalks. Attorney Evans stated the subdivision regulations don't require sidewalks in the Residential 86 zone. Chairman Moore stated when the Police Department requests something for a safety issue; the commission will not ignore their comment. Attorney Evans stated he was not sure it is a safety issue and his belief the application falls within appropriate exceptions where sidewalks can be exempted. He stated they are prepared to donate open space but are not sure what purpose it would serve. He stated a fee paid in lieu of open space would better serve the town. He stated their formal presentation was concluded. Director Riggins asked who had performed the hydrology work. Mr. Guilmartin stated their professional engineer had and was unavailable for this meeting. Director Riggins asked if the rain gardens are accessory to meeting the hydrologic calculations or a crucial part to meet zero runoff. Mr. Guilmartin responded the rain gardens do not fall into the calculations and they are accessory and located on each lot. Director Riggin requested the engineer for the project address the fact the rain gardens are accessory and the drainage system will sustain itself Sep akers Mr. Mark Gottlieb, licensed environmental profession with Catalyst, Simsbury, CT, speaking on behalf of an adjoining property owner, stated steps are being made in the right direction; however, they would reserve comments until after their review of information. Mrs. Barbara Tiinko Traversano, Southington, CT, part owner, with her sisters, of 43 Southington Road, stated she had grown up in the area of the site and remembers the spraying of chemicals. She stated her certainty the site is pollution. She questioned why the burned house on the site is still thereafter three years, and stated there are piles of trash, as well as a "decrepit" farm stand not being tended to. She stated her opinion Berlin is losing its appearance of a farming community. She asked if each of the lots would be a full two acres and what assurances there are that pollutants will not ran into the brook, whose flow has diminished over the years. She stated the previous owner said there had been considerable amounts of pollutants on the property and sold it at a low price. She said truckloads of soil had being hauled off the site, during the later part of the day, near dusk. She thought perhaps the top portion had been removed. She stated rumors are circulating that it had been dumped in wetland areas. She asked if the soil that had been removed had been manifested properly. She stated her care for the town Berlin Planning and Zoning Commission Meeting Minutes — April 24, 2014 and her concern for the project. Mr. Carl Schmidt, Southington, CT, owner of portion of Southington Road property, stated the process used for testing is his concern. He stated he had witnessed a bulldozer on the site removing property. He stated the "circulating rumor" is soil was dumped nearby. He stated his concern runoff will flow onto his property and questioned whether their actions so far have contaminated his soil. Mr. Schmidt stated the area was skim coated and the land had been scraped and disturbed. Attorney Paul Ar azzi, resident of Kensington and a member of the Board of Directors for the South Burying Grounds Association, stated the construction of a subdivision has them concerned. The cemetery dates back prior to 1700. He stated they have worked with the property owner for two years to negotiate the purchase of a parcel of land from the site. The parcel is critical to them; cemetery space is at a premium and they want the continued viability of the cemetery. He stated they had negotiated at below market value which is appreciated and they are looking forward to closing; contingencies have been met. A Zoning Board of Appeals' Approval of Location is in place. He stated Attorney Evans had stated that the area is proposed to transfer; the South Burying Grounds Association has a contract and will acquire the property. Attorney Argazzi stated the Association would appreciate the Planning and Zoning Commission's considering payment in lieu of open space. Attorney Evans responded to Mr. Schmidt's and Mrs. Traversano's concerns. He said the current owner had done nothing on site other than the testing. The prior owner had been in discussions with Mr. Gottlieb. One portion of the site was a "hot area" — the level of pesticide contamination was more than thirty times the allowable level. The owner in 2010 did cause the soil to be stripped, and it is unknown to them if the soil had been removed — something he will confirm at the next meeting. If the soil needs to removed as part of the remediation plan, they would remove it. Attorney Evans stated to the best of his knowledge, no other soil has been taken off by his client; so, samples are what currently exist on the site. He stated they have no knowledge if the prior owner took soil off site; there may have been more than one hot spot. Director Riggins asked when the "hot spot" had been removed. Attorney Evans stated it was June, 2010. Director Riggins asked when Attorney Evans' client purchased the property. Attorney Evans stated he was told it was 2011. Director Riggins asked if the record could be checked and stated she would like more information about the "hot spot". Attorney Evans stated the records from the Central Connecticut Health District will be made available. Director Riggins stated the burned house on the property could have asbestos and lead paint. Berlin Planning and Zoning Commission Meeting Minutes —April 24, 2014 She asked that Attorney Evans ask his client to provide information how that will be done. Attorney Evans stated he hasn't seen the contract; Attorney Richard Pentore is in negotiations. He stated the property owner is desirous of conveying the land and asked that the commission be patient. If open space is required on the site, he is unsure of where it would be. He stated they would not want to be in breach of an agreement for what is clearly a public spirited, not for profit entity, and it would their intention not to get into a contentious discussion of any kind with regard to that agreement. He said Attorney Argazzi has his assurance that they would work toward an end in the conveyance of the property. Mr. Mark Gottlieb, licensed environmental professional, Catalyst, Simsbury, CT, speaking on behalf of an adjoining property owner, stated before the current owner purchased the property, several green houses and small structures were demolished without permits, and debris was spread across the area which triggered a report to DEEP. The remediation was overseen by Catalyst. GeoQuest subsequently tested that pile as and a result of mixing it, the conclusion was reached that a significant hazardous condition no longer existed at that particular spot. It was a 25 foot circle; and, and he will submit an aerial photograph at the next meeting. He stated they have no knowledge of more recent dirt movement. Commissioner Edelson moved to continue the public hearing to the May 8, 2014 meeting. Commissioner Murphy seconded the motion which carried unanimously, with one abstention (Commissioner Wollman). b. Proposed Amendment of Richard H. Pentore Esq. to amend Section VIIIA. Planned Office Residential District — FOR No action taken — continued to the May 8, 2014 at the request of the applicant. V Old Business a. Subdivision Approval Application of Mahler Realty Advisors. Inc. for 7 lots at 57 Southington Road No discussion or action. b. Proposed Amendment of Richard H. Pentore. Esq. to„amend Section VIIIA. Planned Office Residential District — POR No discussion or action. VI Commissioners' Comments VII Director's Comments VIII Adjournment The meeting adjourned at 8:50 p.m. 1rRespectfully submitted, Respectfully M. Semnoski Recording Secretary