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.