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