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1991/08/13 OFFICE OF THE TOWN PLANNER TOWN HALL 240 KENSINGTON RD. BERLIN, CONN. 06037 To.' From: Re: Date: Joanne G. Ward, Town Clerk William S. Voelker, AICP, Town Planner Cancellation of Meeting July 17, 1991 5 The Regular Meeting of the Planning Commission scheduled to be held on Tuesday, July 23, 1991 in Room 7, Town Hall at 7:00 p.m. has been cancelled. BERLIN PLANNING COMMISSION The August 13, 1991 meeting of the Berlin Planning Commission was called to order at 7: l 0 P.M. by Chairman Cynthia Wilcox. Those present were Dennis Kern, Elizabeth Mildrum, George Southworth, Jr., Claire Larson, Gale Porter (alternate), Timothy Zigmont (alternate), and Bill Voelker, Town Planner. Alternate Joan Carey was absent at the beginning of tim meeting but arrived later to attend the meeting. 1. OLD BUSINESS A. Subdivision of Edward P. and Josephine Dutkiewicz for two residential building lots at Lot 20, Block 74 between Orchard Road and Metacomet Drive. A motion was made by Mr. George Southworth, Jr., seconded by Mrs. Claire Larson and voted unanimously to table action. The applicant's letter requesting a 35 day extension was read later in the me6ting. B. Subdivision of Country Estates, Robert Dornfried, for seven residential building lots at Lot 1 I-F 1, Block 107 on the easterly side of O'Connell Drive, approximately 800 feet north of Orchard Road. A motion was made by Mrs. Elizabeth Mildrurn, seconded by Mrs. Claire Larson, and voted unanimously to the following conditions: 1. Water lines to be referred to Water Control Commission for review of pressure relief valves. 2. Approval of Town Engineer of drainage and utility details. 3. Buffer zone covenant to be recorded with subdivision mylar. 4. Bond to be set by staff. 5. Aquifer protection notes to be listed on the subdivision mylar. C. Resubdivision of Magnolia Estates, C&C Developers, Inc. for one residential building lot at Lot 271, Block 146 on the southerly side of Magnolia Lane, approxima_t~ily 600 feet east of Grove Street. A motion was made by Mrs. Claire Larson, S~hd~d by~ Dennis Kern, and voted unanimously to table action. D. Site plan of Michael Cassetta for a 6034 Square Foot addition, t~ ~ .exi.~ing~.~ Kensington Hardware Store on the northeasterly side of Farmingtcn 500 feet westerly of Massirio Drive. A motion was made by Mr. George seconded by Claire Larson, and voted unan mously to table action Alternate Joan Carey joined the meeting at this point. NEW BUSINESS A. Site plan of Vincent H. Carbonell for the conversion of an existing residential structure into a retail/residential mixed use building and parking lot as regulated by Section 7.10.02 of the Berlin Zoning Regulation located on the southerly side of Farmington Avenue 4~?0 Berlin l'lalming Commission ~linutcs Augusl 13, 1991 2 on Lot 9, Block 80. A motion was made by Mrs. Claire Larson, seconded by Mr. George Southworth, and voted unanimously to approve with the following conditions: I. Bond be set by staff. 2. Reloaction of dumpster out of the flood plain area. B. Revised Site Plan of Automated Container Recover, Inc. for a recycling facility at Lot lC, Bloke 76A on the westerly side of Christian Lane. A motion was made by Mrs. Claire Larson, seconded by Dennis Kern, and voted unanimously to approve with the following conditions: 1. Bond be set by staff. 2. Relocation of outside storage bins in accordance with requirements of the zoning regulations. 3. Grading and drainage to be approved by Town Engineer. C. Subdivision of Louis Valentine for one residential building lot in the Lamentation Mountain Estates subdivision, Section X, located at Lot 5-86, Block 153 on the southerly side of Old wood Road. A motion was made by Mrs. Claire Larson, seconded by Mr. George Southworth and voted unanimously for a public hearing scheduled for August 27, 1991. D. Site plan of Michael Halkias for a facade expansion of Mother's Restaurant at Lot 20, Block 84 on the northerly side of Farmington Avenue. A motion was made by Mr. George Southworth, and seconded by Mrs. Claire Larson and voted unanimously to approve site plan with no conditions. E. Site plan of James C. Roche for a heating/cooling contractor's building at Lot 11 A, Block 82 located on the southerly side of Deming Road, approximately 375 feet east of the Wilbur Cross Highway. A motion was made by Mr. George Southworth, seconded by Mrs. Claire larson, and voted unanimously to table action. F. Site plan and special permit of Allan W. Hall for a garden supply center greenhouse facility at Lot 6A and 6B, Block 83 located on the southerly side of Deming Road, approximately 375 feet east of Wilbur Cross Highway. A public hearing was scheduled for August 27, 1991. G. Site plan of General Equities, Inc., for an accessory retail convenience store at the existing gasoline filling station at Lot 7, Block 32D on the westerly side of New Britain, north of Newton Street. A motion was made by Mrs. Claire Larson, seconded by Mr. George Southworth, and voted unanimously to approve with the following conditions: 1. Submit floor plan showing 500 square feet limit of retail to Planning Cmnmission. 2. Approval by Health Director H. Site plan of Sunny Border Nurseries, Inc. for accessory parking facilities at Lot 9, Block 72 on the easterly side of Kensington Road, east of Orchard Road. A motion was made by Mr. Dennis Kern, seconded by Mrs. Claire Larson and voted unanimously to table action. I. Subdivision of Doris A. Ritchie for one residential lot at Lot 91, Block 10 on the northerly side of West Lane, approximately 400 feet west of the Chamberlain Highway. A public hearing was scheduled for August 27, 1991. J. Petition of the Berlin Land Trust, INC. to amend Section 6.08 of the Berlin Zoning Regulations to require that open space development be required where the Planning Commission has determined that any portion of the land to be developed lies within an aquifer or watershed. Mr. Dennis Kern abstained from discussion and vote. Commission Zigmont was seated in his place. A motion was made by Mr. George Southworth, seconded by Claire Larson and voted unanimously to recommend to the Zoning Commision for denial of the amendment for the following reasons: 1. The Commission does not feel that open space development is a necessary solution for the protection of potable water supplies. 2. The proposed Plan of Development recommends the increase of open space develop~nent, townwide, in all residential zones, regardless of whether the land is within an aquifer or watershed area. The Commission supports the increased use of the open space regulations but disagrees with the method proposed. 3. This amendment lacks clarity, is inequitable, and may result in unnecessary legal challenges. K. Petition of Econotnic Development Director Charles Kamo to amend Section 2.00 and Section 4.11 and Section 11.83 of the Berlin Zoning Regulations to define and provide regulations for nursing and/or convalescent homes. No action taken. L. Excavation permit application of Norman and Gabrielle Cyr to excavate 1500 cubic yards of material from Lot 13, Block 119 located on the west side of the Berlin Turnpike, approximately 2500 feet south of Orchard Road. No action taken. 3. OTHER COMMISSION BUSINESS A. At this point no citizens wished to speak for the Audience of Citizens. B. A motion was made by Mr. George Southworth, seconded by Mrs. Elizabeth Mildrum, and voted unanimously to accept the minutes of the July 9, 1991 meeting with the following correction to "Item #4A", page 3: "At this point no citizens wished to speak for the Audience of Citizens." A motion was made by Mr. George Southworth, seconded by Mrs. Claire Larson and voted unanimously to accept the minutes of the July 16, 1991 public hearing. C. Request for bond reduction, Charles and Katherine Jones, Sunset Lane. A motion was made by Mrs. Claire Larson, seconded by Dennis Kern and voted unanimously to deny request of the bond reduction. D. Request for release of maintenance bond, M&G Associates, Niles Court. Mr. Bill Voelker read a letter from Morgan Seelye, Town Engineer, to look again at the drainage problem. No action taken. E. Request for release of maintenance bond, Knopf Subdivision, Elton Road. A motion was made by Mr. George Southworth, seconded by Mrs. Claire Larson and voted unanimously to release the bond from $2,970 to zero. F. Request for bond release, Lot 8B, White Oak Drive, Knaus Development Co. A motion was made by Mrs. Elizabeth Mildmm, and seconded by Mr. Dennis Kern and voted unanimously to release the bond in the amount of $8,750. G. Request for bond release, Harry Ohanian, Beckley Mill Road. A motion was made by Mr. George Southworth, seconded by Dennis Kern and voted unanimously to deny request for bond release. H. Request for completion of island cul-de-sac, from residents, Blue Ridge Road. A motion was made by Mr. George Southworth, seconded by Mr. Dennis Kern and voted unanimously to call the bond for all remaining improvements, including restoration of the cul-de-sac island and all remaining improvements and documents related to street acceptance. I. Request for payment from performance bond, Leu Rascoe, Anthony Massaro, James Marzi. Mr. Bill Voelker read a letter from Mr. Tim Sullivan, Town Attorney, in which he stated the funds from the performance bond cannot be used to reimburse property owners for improvments made at their own expense. A motion was made by Mr. Dennis Kern, seconded by Mrs. Claire Larson and voted unanimously to table action. J. Discussion of Plan of Development review and meeting date. Consensus of Conunission was to continue discussion at the next Commission meeting. Mr. Bill Voelker read a letter from Mr. Dutkiewicz requesting a 35 day extension. A motion was made by Mr. George Southworth, seconded by Mrs. Elizabeth Mildmm and voted unanimously to grant the extension. A bond reduction request of Earl Wicklund for Vineyard Acres, Section 5, B 1 was added to the agenda. A motion was made by Mr. George Southworth, seconded by Mrs. Elizabeth Mildrum and voted unanimously to put bond reduction request on agenda. A bond reduction request of Earl Wicklund for Vineyard Acres, Section 6, BI. A motion was made by Mr. George Southworth, seconded by Mrs. Claire Larson and voted unanimously to reduce bond amount from $112,200.00 to $28,524.00. A motion was made by Mrs. Claire Larson, seconded by Mr. George Southworth and voted unanimously to adjourn the meeting at 9:30 P.M. Respectfully submitted, Elizabeth Mildmm, Secretary Linda Vescogni, Recording Secretary