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1994/08/09 Mr. Voelker suggested referring the Declaration of Common Intezest, as submitted by the applicant, to Corporation Counsel and to extend the public hearing to the next meeting. A motion was made by Mr. Edelson, seconded by Ms. Wiley and voted unanimously to extend the public hearing to August 9, 1994. b. Request for sketch layout approval, Robert Dornfried, for ,' 13 residential building lots at Lot 10, Block 107, Toll Gate Road. Mr. Bovee presented the proposed plans along with 2 alternatives. Commissioners discussed the plans. They felt none of the plans were acceptable in preserving the natural character of the total site and suggested the applicant and his engineer use more creative development planning to come up with a plan which preserves the land and trees as best as possible. c. Discussion of waiver of sidewalk requirement, Kensington Post Office, Lot 9A, Block 49, Kensington Road. The Commission discussed the subject with subcontractors for the project who stated that funding and time constraints are involved and if sidewalks are required as part of the U project, the entire project may not get done. A motion was made by Mr. Query, seconded by Ms. Wiley and voted unanimously to provide the applicant with a waiver on sidewalks and the Commission will send an independe~ communication to Mayor Peters requesting that':9 ~om~_t~e~t be made for the Town to do the sidewalks in stated in a previous letter from Mayor PetersC ~-~he.~o Commission granted the waiver because it realiz~'~ith~ need for additional parking at the Kensingto~p~ ~ Office and it does not want the project dela~L.:~y :/~n~er than necessary. ~ ~'~ ~ The meeting was adjourned at 9:30 P.M. Respectfully submitted, Paul Query, Secretary Sharon Guite, Recording Secretary The Regular Meeting of August 9, 1994 of the Berlin Planning Commission was called to order by Chairman Dennis Kern at 7:00 p.m. Commissioners in attendance: ,loan Carey, Ronaid Edelson, and Susan Wiley and Town Planner William Voelker. Absent: Commissioners Eileen Mesldll, Bruce Moore, and Timothy Zigmont. 1. PUBLIC HEARING - Special Permit Applie~tion of William C. Kiipatriek Chairman Kern read the call of the hearing oft. he continuation of the public hcaring of July 26, 1994 for the Special Permit Application of William C. Kilpatrick for a Design Open Space development on Middletown Road. He then read into thc record a letter from Town Counsel Stephen I. Anderson concerning the "Declaration of Common Interest Community known az K. nollwood". A copy of Attorney Anderson's opinion of the document is attached. Mr. Bar,on Bovee, P.E., MBA Engineering, stat~ Town Engineer Morgan Seelye's comments had been reviewed by his client and that his client was in agreement with those comments with the exception of design of the pond, however, he stated it was an issue that could be resolved through discussion with the engineering staff. Mr. Bovee stated thc comments of the town cous¢l regarding the "Declaration of Common Interest Community Known az Knollwood" were acceptable to his client. Mr. Haywood, a resident whose property abuts the site of the proposed developm~t, ~ ~ questioned the requirement for sidcwaiks on Middletown Road. ':i?:~ Hearing no further comments, Chairman Kern closed the public hearing for this:~t~at .,,,o ~ 7:12 p.m. ,~" -'"'.:~ ~ 2. OLD BUS~NESS .~ .~ ~-:~ ~ C0mnfssioners Su~n Wiley and Ronaid ~de]~ were seated at Regular M~nb~. a. Special Permit Application of William C. g. il~atrick The commissioners discussed the plan submitted by the applicant, reviewing slopes, drainage comments of the Worthington Fire District, rcquircmcnt of a perpetual conservation e~sement, restoration of areas to their natural states, and the landscaped island. The comments of Attorney Anderson regarding the Declaration of Common Interest Community known as I(nollwood" were also reviewed. Attorney Harold Keith, speaking on behalf of his client, the applicant Mr. Kilpatrick, stat~l his client was agreeable to all the conditions and suggestions stated by the Worthington Fire District, Town Engineer, and Town Counsel. The requirement of sidewalks was reviewed. Mr. Voelker stated Middletown Road is the only area the town could require sidewalks, as the project is treated at a site plan, rather than a subdivision. Both Chairman Kcm and Mr. Voelker stated their support for sidewalks' being installed in new developments. However, the developers of this project were of the opinion the sidewalks would take away from the character of the privateness of the development. After discussion, a motion to weave the sidewalk requirement for the Speciai Permit Application of William C. Kilpatrick, Knollwood, for a Design Open Space Development on Middletown Road was made by Commissioner Edeison, seconded by Commissioner Wiley and canied unanimously. Voting: Commiseaoners Carey, Edelson, Kern, and Wiley. A motion was made by Commissioner Wiley to approve with conditions the Special Permit Application of William C. Kilpatrick, Knoilwood, for a Design Open space Development for 14 single family homes at Lot 4, Block 142, Middletown Road and was seconded by Commissioner Edelson. The motion carried unanimously. Voting: Commissioners Carey, Edeison, Kern, and Wiley. The conditions of this approval are: 1) The document of by-laws, "Declaration of Community known as K. notlwood" be amended as required by the Planning Commission, including the recommendations of Town Attorney Stephen L Anderson. 2) Approval by the Town Engineer of the revised plans showing the drainage detail. 3) Incorporation of Worthington Fire District's comments into revised plans. (copy attached) 4) Installation of one additional tiro hydrant as requested by Fire Marshal Steven Waznie. 5)Receipt of bond to be set by staff. b. Thc request for sketch layout approval, Robert Dornfired, for residential building lots on Toll Gate Road was tabled. c. Discussion of the feasibility of discontinuing all or a portion of Stantack Road was tabled. d. The renewal of thc excavation p~rmit request of Thomas C. Meaer was reviewed. Messrs. John and Thomas Maier responded to que, stions fi.om the commissioners. After discussion, Cornrnissioncr Edelson made a motion to recommend approval with conditions of the renewal of thc excav~en permit request of Thomas C. Maier to remove 10,000 cubic yards of material from Lot 5, Block 15, Southington Road. Thc motion was seconded by Commissioner Carey and canied unanimously. Voting: Commissioners Carey, Edelson, Kern, and Wiley. The conditions of this recommendation of apprnval are: 1) Grades to be followed per map dated January 7, 1992 entitled "Grading Plan for Gravel Excavation, Property of Agnes T. Maier, known as Lot 5, Block 15 Southington Road. Prepared by MBA Engineering." 2) Adherence to specific requirements of Section 11.22 to 11.26 inclusive of Berlin Zoning Regulations and any other applicable zoning requirements. 3)Rctainage of the existing bond. 4) Soil erosion and scdiment control measur~ to be maintained as approved by thc Town Enginenr. 5) Hours of operation to bc limited to between 7:00 AM and 5:00 PM., Monday through Friday, excluding legal holidays, Saturdays and Sundays. 6) Traffic control be maintained as approved by the Berlin Police Department. 7) Truck bodics to bc covered. 8) All slopes to bc kept to 2:1 during and after operation. 9) All refueling of vehicles to take place in front of the garage as shown on the plan. 10) Removal of eal unrcgistercd motor vchicles, empty fuel tanks and construction equipment and materials not directly connected with this excavation operation. 11) This permit will expire ~,o years after the effective date. 32 NEW BUSINESS Discussion of the application of the site plan of Marion Rozycki for a 1,000 square foot addition to an existing building was tabled. A motion to table the application was made by Commissioner Wiley, seconded by Commissioner Edelson, and carried unanimously. The final subdivision application for Section I of the Wether Run Subdivision, Wethersfield Road, was reviewed. Mr. Kulesza and Mr. Brown from Hewitt Engineering responded to the commissioners' questions. Mr. Voelker stated the existing struetore on Lot 16-3 would have to be removed prior to recording the map, because leaving that structure would create a non-confom!i.'ng lot. ARer discussion, a motion to grant Final Subdivision Approval with conditions for Section I of the Wether Run Subdivision of Mary Kulesza at Lot 16, Block 127, Wethersfield Road, was made by Commissioner Edelson and seconded by Commissioner Wiley. The motion carried unanimously and is conditioned upon the following: 1. Omission of Lot 16-3 from the subdivision plan. 2. Final approval of the revised plan by the Town Engineer. 3. Receipt of a bond m be set by staff. c. The fill permit application of Honeywell, Inc., Skinner Valve Division was reviewed. Economic Development Director Charles Karno reviewed the application. He stated all approvals of the Inland Wetlands and Water Courses Commission, as well as those of state and federal agencies, had been obtained. Mr. George Porterfieid and Mr. Gregory Hoilingsworth responded to thc commlssioncr~' questions. Mr. Porterficld reviewed thc technical details of thc application. Hc stated every 800 yards of fill will be tested for conformity with the required fill standards and upon completion of thc project, an I-IPE impermeable cap would be placed. Hc stated the necessity for thc clean up was the chromium lcveis which were found. A motion to recommend approval oftbe fill permit application of Honeywell, Inc., Skinner Valve Division, to fill 10,000 cubic yards of material on Lot 2A, Block 75A, located on the southerly side of Edgewood Avenue was made by Comml.ssioner Wiley and se~unded by Commissioner Carey. The motion carried unanimously. Voting Commissioners Carey, Edelson, Kern, and Wiley. The zone change request of Economic Development Director Kamo for Woodlawn Road was discussed. Mr. Kamo reviewed the application stating the proposed zone change would be the best use for the area due to its proximity to the Wilbur Cross Highway and relationship to Webster Square. He stated all abutting property owners had been notified by certified mail. Mr. Voelker stated the change would not create any non-conforming properties. He said that although the proposed change does not conform to the Plan of Development, considering its proximity to the Wilbur Cross Highway, it would be a good use for the property. After discussion, a motion to recommend approval of the zone change request of Economic Development Director Charles Karno to change the zone of Lot 43 and Lot 44, Block 83C, located on the southerly side of Woodlawn Road from Planned Industry (PD) to General Commercial-1 (GC-1) was made by Commissioner Wiley and seconded by Commissioner Carey. The motion carried unanimously. Voting: Commissioner Carey, Edelson, Kern, and Wiley. 4. OTI-IIgR COMMISSION BUSINESS Audience of Citizens Mr. Halibozek, Four Rod Road, requested that, rather than speak during the Audience of Cizitens, he and his wife be permited to address the commission on an agenda item under "other business" concerning correspondence which he had forwarded to the commission. Consensus was to let them address the commission during that time. The minutes of the June 20, 1994 meeting were reviewed, and a motion to accept them was made by Commissioner Carey and seconded by Commissioner Wiley. The motion caxfled unanimously. Voting: Commissioners Carey, Edelson, Kern, and Wiley. Thc minutes of the July 12, 1994 meeting were reviewed, and a motion to accept them as amended was made by Commissioner Edelson and seconded by Commissioner Carey. The motion carried unanimously. Voting: Commissioners Carey, Edelson, Kern, and Wiley. The minutes of the July 26, 1994 meeting were reviewed and a motion to ac~pt them was made by Commissioner Edelson and seoonded by Commissioner Wiley. The motion carried unanimously. Commissioners Edeison, Kern, and Wiley. Commissioner Carey abstained from voting. A motion was made by Commissioner Edelson and seconded by Commissioner Carey to approve the request of the Jehovah's Witnesses to release their performance bond for the site on Farmington Avenue. The motion carried unanimously. Voting: Commissioners Carey, Edelson, Kern, and Wiley. A motion · · ......................................... was made by Conumss~oner Catty and seconded by Commissioner Edelson to release the bond of Gertrude Ncilan for thc Brandcgec Lane subdivision. The morion taxied unanimously. Voting: Commissioners Carey, Edclson, Kern, and Wiley. Mr. Michael Dam'ia did nor at,nd the mcedng to discuss the completion of the public improvements to the Sunmcadow subdivision as requested by the Planning Commission. Mr. Voelker stated after rcvicwing statutory references, hc would speak with lVir. Dauria regarding his responsibility for completing thc work. A motion to approve payment of $36 to Roderick Hcwitt, P.E., for work performod in the R&S subdivision was made by Commissioner Edclson and seconded by Commissioncr Carcy. Thc motion carried unanimously. Voting: Commissioners Carey, Edelson, Kcm, and Wiley. No action was taken on thc request for bond release, Peter Verrillo, Kensington Road. A motion to grant the request of Louis Valentine for a 90 day extension to file the subdivision mylar, lamentation Mountain Estates, Section XffI, was made by Corn.mi. 'ssioner Edelson and seconded by Commissioner Wiley. The motion ca,-ried unammously. Voting: Commissioners Carey, Edelson, Kern, and Wiley. A motion to g~ant the request of Esther Fair for a 90 day extension to file the subdivision mylar, Chamberlain Highway, West Lane subdivision was made by Commissioner Wilcy and seconded by Commissioner Edclson. The motion carried unanimously. Voting: Commissioners Carey, Edelson, Kern, and Wiley. Chairman Kern disqualified himself fi. om discussion and voting on thc agenda item requesting conveyance of property in the Winding Meadow subdivision. Commissioner Car. cy was seated in his place. Mr. Voelker stated the property was 1.6 a~res. After review of the map, a motion to recommend acceptance of conveyance of open space in thc Winding Meadow subdivision to the Town of Berlin as rcquircd by Section 8-24 of the Connecticut General Statutes was made by Commissioner Carcy and seconded by Commissioner Edelson. The motion can-led unanimously. Voting Commissioners Carey, Edelson and Wiley (Commissioner Kern abstaining). Chairman Kern was reseated. Mr. and Mrs. Halibozck stated they would like to address the commission regarding their property and thc abutting property having an indus~al use. Chairman Kern disqualified himself from thc review and discussion of this item. Commissioner Carcy was seated in his place. Mr. and Mrs. Halibozck, 630 Four Rod Road, whose property abuts the property of Cornerstone Industrial Park, spoke about concerns which had dcv¢loped since the industrial park next to their property had been developed; specifically, thc water problems, thc incomplete tree line planted as a buffer, the u~en¢losed dumpstcr, the da~ger of the loading dock and its proximity to their property line. Mr. Voclker sta~d Mr. Jefti~y Scalora, property own~ of tho si~e, would i~ invitied to a~md tho Planning Commission meoting to discuss those concerns with the ttalibozelu. September motion to a~ourn was made by Comn~asioncr Edcim- ,,a omm~asioner Carcy The mectino ad~-~ ..... --- ~ seconded by Respectfully submitted, Frances M. S~mnosid, Recording Secretary I] BERLIN PLANNING COMMISSION The September 13. 1994 meeting of the Berlin Planning Commission was called to order at 7:00 P.M. by chairman Dennis Kern. Those present were Tim Zigmont; Joan Carey; Eileen Meskill; Ron Ed~lson, alternate seated for Bruce Moore; Morgan Seelye, Town Engineer; and Sharon Guite, Recording Secretary. Mr. Moore was excused and Susan Wiley was absent.