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2014-07-10Berlin Planning and Zoning Commission Regular Meeting Minutes — July 10, 2014 The Berlin Planning and Zoning Commission held a Regular Meeting on July 10, 2014 in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road, Berlin, CT. At 6:30 p.m., Commissioner Murphy moved to go into Executive Session to discuss pending litigation. The motion was seconded by Commissioner Kaczynski and carried unanimously. Present: Chairman Bruce Moore Commissioner Ronald Edelson Commissioner Mark Kaczynski Commissioner Kevin Murphy Alternate Commissioner Curtis Holtman Alternate Commissioner Nicole Pac With the following people invited to attend: Director Hellyn Riggins Town Counsel Robert Weber • EXECUTIVE SESSION (6:30 to 7:00) a. Discussion of Pending Litigation The session ended at 7:09 p.m. I Call to Order The Berlin Planning and Zoning Commission held a Regular Meeting on July 10, 2014 in the Town Council Chambers, Berlin Town Hall, 240 Kensington Road, Berlin, CT. The meeting was called to order at 7:12 p.m. Present: Chairman Bruce Moore Commissioner Ronald Edelson Commissioner Mark Kaczynski Commissioner Kevin Murphy Alternate Commissioner Curtis Holtman Alternate Commissioner Nicole Pac Director Hellyn Riggins Absent: Commissioner Mark Parasiliti Commissioner Brad Parsons Commissioner Steve Wollman II Commission Business Berlin Planning & Zoning Commission Meeting Minutes —July 10, 2014 a. In accordance with Section8-24 of the Connecticut General Statutes, review and recommendation of the acquisition of a list of tax sale_ properties for a report The commission's recommendations to acquire the properties were: Cotswold --- Favorable Recommendation Cotswold - Favorable Recommendation Webber Trust - Unfavorable Recommendation Ferndale Realty - Unfavorable Recommendation Careb — Favorable Recommendation CT Sand and Stone, four parcels - Unfavorable Recommendation Michalski - Unfavorable Recommendation Lucas - Favorable Recommendation III Schedule Public Hearing a. Proposed repeal and replacement of Section XI.B. of the Town of Berlin Zoning_ Regulations for the Sale of alcoholic beverages Suggested Date: August 14, 2014 Commissioner Edelson moved to schedule the public hearing for August 14, 2014. Commissioner Holtman seconded the motion which carried unanimously. IV Requests for Bond Reductions/Releases a. Request of Donald L. Provencal, CFO, Fortunato Construction Group, for a bond release, 9 High Road Director Riggins stated the maintenance period for this project ends on August 22, 2014; however, there are six damaged trees and one dead tree. The applicant will need to coordinate their planting with staff. Commissioner Murphy moved to deny the request. Commissioner Kaczynski seconded the motion which carried unanimously. b. Request of Thomas Carlon for a bond reduction, 378 Four Rod Road, Hatchery Brook Homes Director Riggins stated sidewalks are about to be installed; the work has not been completed. Commissioner Edelson moved to deny the request. Commissioner Kaczynski seconded the motion which carried unanimously. 2 Berlin Planning & Zoning Commission Meeting Minutes — July 10, 2014 C. Request of Attorney Dennis Alex for a bond reduction or release, Sunny Ledge Condominiums, New Britain Road Director Riggins stated the town is in receipt of two contradictory letters — one from the attorney for the homeowners association and one from the person who posted the bond. Commissioner Kaczynski moved to deny the request and refer the request to town counsel to obtain a legal opinion. V New Business a. Site Plan amendment of Thomas Bukowski to sell ice cream at the existing miniatureolg f course (Safari Golf) Director Riggins stated the business has an existing room with vending machines. They would like to offer ice cream, an accessory product to the golf course, in this same room. The addition won't change the parking or use of the site. A restaurant is not being created. She noted Mr. Bukowski and his father were in attendance. Commissioner Edelson moved to approve the application. Commissioner Murphy seconded the motion which carried unanimously. VI Public Hearing a. Subdivision Avproval Application of Mahler Realty Advisors Inc. for 7 lots at 57 Southin on Road Chairman Moore noted that emails from Attorney Evans with multiple attachments had been received on this date and there had been no time to review those documents. He stated the commission's bylaws state the commission is not required to consider plans which are not submitted at least seven days prior to the meeting. Attorney Evans stated he shares the concern regarding this and has submitted a request to extend the time frame of the hearing through July 24, 2014. He submitted documents for the record. He said he had received Health District comments. Director Riggins asked how the commission could close the hearing when the applicant has not finished with the Inland Wetlands and WaterCourse commission. Attorney Evans quoted a state statute which provides that if the Planning and Zoning Commission is solely waiting for a report from the IWWC, they have 35 days following the IWWC decision to vote on the application. He stated the applicant will return to the IWWC for an August 5, 2014 meeting. Attorney Evans reviewed a map in color showing the land which would be conveyed as open space and a conservation easement. He stated Director Riggins had stated to the project's surveyor, Jack Guilmartin, that the proposed open space is not in an acceptable location, instead Berlin Planning & Zoning Commission Meeting Minutes — July 10, 2014 and the town would like fee ownership to the conservation area. He stated he wanted it put on the record that he understands the concern because there is a stream and wetlands to protect. He also stated, for the record, that he is not aware of any rights that fee ownership would convey to the town that they wouldn't have by a conservation easement. In addition, the applicant would propose that the area be designated as open space without granting a fee. 1.6 acres would be conveyed which would be ten percent left after conveyance of the cemetery property. It is not accessible. Director Riggins stated the town has a longstanding thought process of protecting streams and taking the opportunity to acquire land that has streams good for wildlife. She stated she is still studying the proposal, and she will prepare a report for the commission to decide. The conservation commission wants the revised plan added to their agenda. Mr. Marc Casslar, President, GeoQuest, Barnard Lane, Bloomfield, CT, stated he had been retained by the applicant to conduct an investigation of environmental issues of the site. He stated at the last meeting he had provided a package of information by Mark Gottlieb from Catalyst Environment. The commission had encouraged him and Mr. Gottlieb to meet to discuss issues, and they had met. Some areas of disagreement remain. He distributed copies of a report and went over the primary points. He stated the site is an agricultural property and, as with many in the state, issues had been found, including pesticide containment above regulatory standards, an area of contamination and a former farm dump. The applicant has agreed to remediate the entire property, exclusive of an upland and wetland area, which will resolve Mr. Gottlieb's issues and Dr. Ginsburg's concerns. This will result in a better site at the end of the project. There is no disagreement that the petroleum contamination needs to be addressed. Soil will be excavated and taken off site; the soil will be retested and that will resolve that issue. Regarding the groundwater contamination, based on the remediation and the data collected, if the contamination is shallow and would not appear to impact the site; further investigation will not be done. However, if looks as though it has extended and there is a potential for groundwater contamination, the applicant would agree to further groundwater investigation. Relative to remediation of soils with pesticide, there are a number of issues, including "hot spots" and the degree of the extent of the contamination. By addressing the entire site and having a comprehensive soil sampling plan, additional investigation will not be needed if soil samples satisfactorily; if not the case, additional work will be done. He stated it is his basic feeling that farm dumps should not be disturbed. They are generally on slopes leading down to wetland areas and have been present for 40 to 70 years with significant development of growth and undergrowth, with mature trees. He stated he believed the dump's location to be in the conservation easement area. He stated with regarding to offsite contamination generated from the use of chemicals on this property, it is not the applicant's responsibility to resolve any issues. In response to Director Riggins' questions, Mr. Casslar stated the piles of contaminated dirt are still on site and his belief no decision has been made to haul the dirt off site or mix it and re -test it. Attorney Evans stated an analysis will be provided. Regarding the pile of debris from the old farm house which had burnt, there were no levels of lead which needed remediation. He stated he would further address this on July 24`h Planning and Zoning Commission meeting. 4 Berlin Planning & Zoning Commission Meeting Minutes — July 10, 2014 Commissioner Edelson asked if the farm dump area had been tested. Mr. Casslar stated three soil samples were taken from the vicinity and there was, some contamination. Director Riggins stated that is further reason the exact location of the dump is needed to be known. Attorney Evans submitted copies of a report from GZA Geo Environmental. He read portions of a letter into the record. He stated he has received some staff comments from Central Connecticut Health District. He stated he will meet with Nancy Brault from the Central CT Health District regarding the comments. He stated reports for drainage calculations were submitted on this date. Mr. Marc Gottlieb LEP, Catalyst Environmental Consulting, Inc. Bloomfield, CT, stated there has been some progress; unresolved issues remain. If the work stops at the upland area, large areas remain un-remediated. He stated three samples around the dump area is not enough; there is possible groundwater contamination. Mrs. Barbara Timko Travesano'Scenic Drive, Southington, an owner of an abutting property. She stated her concerns, as stated at a previous meeting, are the same. She asked if a licensed environmental specialist will be on site during the remediation and if the work will stop if the wind or rain is a factor in spreading the contamination. Mr. Casslar responded that he, as the LEP, and his staff will maintain supervision of the site. Wind and water runoff will be taken into account. Director Riggins stated plans were received with a missing page, which was later submitted. She stated her staff should not be responsible for assembling what should be complete sets. Commissioner Edelson moved to continue the hearing to July 24, 2014. Commissioner Kaczynski seconded the motion which carried unanimously. Commissioner Murphy moved to add the following item to the agenda: • Schedule a Public Hearing for Sqptember 11 2014 to discuss the Fanguillo subdivision Commissioner Pac seconded the motion. Commissioner Edelson moved to schedule the hearing for September 11, 2014. Commissioner Kaczynski seconded the motion which carried unanimously. 5 Berlin Planning & Zoning Commission Meeting Minutes — July 10, 2014 VII Old Business a. Subdivision Approval Application of Mahler Realty Advisors, Inc. for 7 lots at 57 Southin on Road No action or discussion. Continued to the July 24, 2014 meeting. VIII Commissioners' Comments IX Director's Comments X Adjournment The meeting adjourned at 8:40 p.m. spectfully ,submitted, rances M. Semnoski Recording Secretary