2015-09-24
Berlin Planning and Zoning Commission
Regular Meeting Minutes – September 24, 2015
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on September 24, 2015 in
the Town Council Chambers, Berlin Town Hall, 240 Kensington Road. The meeting was called
to order at 7:00 p.m.
In attendance
Chairman Bruce Moore
Commissioners Ron Edelson, Mark Kaczynski, Kevin Murphy, Mark Parasiliti, Steve Wollman
Alternate Commissioners Curtis Holtman (seated); Nicole Pac
Director of Development Services Hellyn Riggins
Excused: Commissioner Brad Parsons
Commission Business
a. Request of Richard Pentore, Esq. on behalf of Pierre Bennerup, for an
extension to file an approved subdivision, Lot 2/Block 119, Orchard
Road/Berlin Turnpike – Requested Date of Extension: January 5, 2016
Commissioner Murphy moved to approve the request to extend the date to January 5, 2016.
Commissioner Kaczynski seconded the motion which carried unanimously.
Director Riggins noted this will be the final continuance allowed by statute.
b. Review and recommendation for Street Acceptance, Circlewood Drive
Director Riggins stated all appropriate departments have signed off the street acceptance of the
extension of Circlewood Drive. Acceptance by the Town Council will initiate the 18 month
maintenance period.
Commissioner Edelson moved to forward a favorable recommendation to the Town Council.
Commissioner Holtman seconded the motion which carried unanimously.
c. Bond reduction to maintenance bond, Fortunato Construction Group, Inc.,
9 High Road
Director Riggins stated the bond may be reduced to $18,237, its maintenance amount.
However, there a couple of dead trees which need to be replaced.
Commissioner Murphy moved to reduce the bond to $18,237. The applicant will be made aware
that dead trees on the site must be planted this season.
Commissioner Holtman seconded the motion which carried unanimously.
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Berlin Planning and Zoning Commission Meeting Minutes – September 24, 2015
II Public Hearings
Chairman Moore stated the public hearings for Items a. and b. have not opened and have been
continued to the October 8, 2015 meeting.
a. Excavation Permit of CRC Homebuilders, LLC to excavate 48,000 +/- cubic
yards, approximately 2 acres, of material at Lot 1, Block 72, Kensington Road
(Opening of Hearing Continued to October 8, 2015)
No discussion/action taken.
b. Subdivision Application of CRC Homebuilders for 7 building lots at Lot 1,
Block 72, Kensington Road (Opening of Hearing Continued to October 8, 2015)
No discussion/action taken.
c. Special Permit Use Application of JPG Partners, LLC for a 20 unit multi-family
development at 319 Main Street, East Berlin
(Hearing Continued to September 24, 2015)
Director Riggins stated for the record that the town’s peer consultant for this project, Mr. Evan
Glass, Alta Engineering, is present. She stated Mr. Glass is attending this meeting only as an
observer in order to further his understanding of the project. He has scheduled a site walk with
the applicant’s environmentalist and after that meeting, he will submit a report. She stated Mr.
Glass is in the process of still reviewing the file and is not prepared to participate in the
discussion or respond to questions at this evening’s meeting.
Speakers
Mr. James Cassidy, P.E., Hallisey, Pearson & Cassidy, Cromwell, CT, stated he had reviewed
the site details for the project at the last commission’s meeting on September 10, 2015. He will
finalize a response to all staff comments and submit that at the next meeting.
With regard to the rain gardens, Mr. Cassidy stated for the record that the Inland Wetland and
Water Courses Commission’s application, including the rain gardens, had received approval and
as part of that approval and in conjunction with the Berlin Land Trust, a consultant had been
hired with respect to the issue of the rain gardens. He stated rain gardens are designed to drain
the property within a 48 hour period and appear to look like a landscaped garden. Soil testing
had been done to determine if the soils were appropriate, permeable soils. He stated he will
address the issue with the Health District to discuss their concern for mosquito control.
Berlin Planning and Zoning Commission Meeting Minutes – September 24, 2015
Director Riggins stated she had spoken with Jim Horbal, agent to the IWWC, and he had stated
the rain gardens were approved by both the IWWC and the Berlin Land Trust.
Mr. Martin Brogie stated he is not an environmental professional and his participation in this
meeting is to explain the funding that has gone into the project for the cleanup of the soils.
He stated funds were provided by the USEPA Brownfield Revolving Loan Fund Program,
Valley Council of Governments. The site is in the Connecticut Department of Environmental
protection Property Transfer Act Program. In the process of approval, the proposed work is
submitted to the EPA and is a public document. A public meeting had been held and no public
received and the loan went forwarded. They are eager to have completion of the project as the
loan will be re-paid and the money will go into another fund to help another project.
Mr. Mitchell Chester, Connecticut Licensed Environmental Professional, stated he represents the
applicant. He stated JPG Partners entered the property into the Property Transfer Act Program
in 2012. The Department of Energy and Department of Environmental Protection require
investigation and they have the review authority for the project in its entirety. To date the
submitted reports include the following: assessment, several phases of investigation, preparation
and submittal of a quality assurance plan to both EPA and DEEP, remedial action plan to DEEP,
public notice of remediation. The building was abated for asbestos, decommissioned, and
demolished. Additional investigations were done, soil remediation was completed and
remediation action taken. The soils meet State of Connecticut criteria. Additional action items
include additional monitoring and final documents. All documents have been submitted to the
town and as additional documents are received, they will be, too. A meeting will be held with
the town’s environmental specialist.
Director Riggins asked if he were new to the project.
Mr. Chester stated when the project was beginning, he had done the initial review with DEEP
and the applicant.
Director Riggins stated he had not been part of the project when the building was demolished
and piled dirt was left unattended.
Mr. Chester stated he had not been part of the project at that time.
Commissioner Murphy moved to continue the public hearing to October 8, 2015.
Commissioner Kaczynski seconded the motion which carried unanimously.
Berlin Planning and Zoning Commission Meeting Minutes – September 24, 2015
III Old Business
a. Excavation Permit of CRC Homebuilders, LLC to excavate 48,000 +/- cubic
yards, approximately 2 acres, of material at Lot 1, Block 72, Kensington Road
No action taken –Continued to October 8, 2015.
b. Subdivision Application of CRC Homebuilders for 7 building lots at Lot 1,
Block 72, Kensington Road
No action taken –Continued to October 8, 2015.
c. Special Permit Use/Site Plan Applications of JPG Partners, LLC for a 20 unit
multi-family development at 319 Main Street, East Berlin
No action taken –Continued to October 8, 2015.
IV Commissioner Comments
V Adjournment
The meeting adjourned at 7:22 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary