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1995/04/11 as listed in Mr. Miller's memo. The co~nissioners felt they would rather not mandate OSS or DOSD as stated in number 2. tn next discussion of Plan of Development implementation fees in lieu of Open space and open space fund will be taken up. Mr. Miller also stated that there is a need to study fire protection in areas of town where there is no water or sources of water and if necessary incorporate this issue in the~adi~l~.ls~cr~;. He will meet with the Fire Chiefs in the future to discuss the issue. c. In accordance with Section 8-24 of the General Statutes, a motion was made by Miss Mesktll, seconded by Mr. Moore and voted unanimously to recommend to the Executive Board approval of proposed acquisition of open space/parkland at Lotld, Block 71, as it conforms with the Plan of Development. d. Signing of maps and documents by the chairman. Nothing to sign. e, Communications. Mr. Miller reported that status of roads on Lamentation Mountain has been referred to Corporation Counsel to be resolved one way or another with Mr. Buck, Mr. Ttghe, et. al. motion was made by Miss Meskill, seconded by Mr. Moore and voted unanimously to adjourn the meeting at 9:05 P.M. Respec~fdlll~submitted, BERLIN PLANNING COMMISSION The April 11, 1995 meeting of the Berlin Planning Commission was called to order at 7:00 P.M. by chairman Dennis Kern. Those present were Bruce Moore, Tim Zigmont, Eileen Meskill, Joan Carey, Ron Edelson, Amy Cobuzzi, Town Planner Brian Miller, and Recording Secretary Sharon Guile. Susan Wiley was absent. 1.. There was no one present who wished to speak for the Audience of Citizens. 2. PUBLIC HEARINGS. Mrs. Carey read the legal notice of the public hearings to consider the following: a.Special permit application of City of New Britain to construct a municipal facility (baseball stadium) at Willowbrook Park, at the New Britain City Line, in accordance with Section V.A.3.g of the Berlin Zoning Regulations. Peter Ledger, Director of Parks and Recreation for the City of New Britain, presented the plans and addressed traffic flow and the parking scheme which meets the Town's requirements of 2320 spaces. D.O.T. will be doing some improvements to South Main Street, New Britain Road and Route 372 ramps. Mr. Ledger is prepared to restrict schedules of events so no two major events occur at the same time at the park and Park Patrols will monitor traffic at all times during events, The STC will be discussing traffic around the park at its April 18 meeting. A traffic study has been submitted. Brian Humes, architect for the project, reviewed details of the site plan. Dennis Evans, landscape architect, described proposed landscaping of the site, which includes some planting within the parking lot and more at the entrance off South Main Street. Michael Sherman, engineer for the project, explained the drainage system which will improve on the existing system. IWWC permits have been received from both Berlin and New Britain. Mr. Ledger s~te? that ground breaking is planned for June 1995. Mr. Kern asked for Cd~m~Rts from'the public. A1Gerdis of Se mour S~oufd be. con~t .~.~ ~_ ~ .... Y Road stated that sidewalks ...... . r?,d .....~ new ~r~ta~n Road for pedestrian access tO Willowbrook · ~rk.'?from Be~in. It was suggested that this be ~.e~tte~ti0n!:S~gis nublic ~---~ .... brought tO the State's ~ ~ ~,- r -=~.~ was ctoseo at 7:~O P.M. b.~pe'~ial!!~it application of Redcoat Home Builders to cr ~at ot,.~,'_,~,}Block 53 Percival Avenue ~- ~ .... cate a rear lot ;:j °~:~h?TBe~iin Zoning Regulations. A.17 · Subdivisiod:.application of Redcoat tome Builders for two residential building lots at Lot 47, Block 53, Percival Avenue. Mr. Kern disqualified himself and Mr. Zigmont assumed the chair. Bart Bovee requested that the public hearings for items b and c be combined -- the Commission had no objections, Mr. Bovee presented the plans· A letter, as required in the Zoning Regulations, was submitted by the applicant, dated April 11, 1995, and read by Mrs. Carey, stating the use of the special permit request is to create a rear lot for construction of a single family home. The front lot contains an existing house and a detached garage. A portion of the garage will be removed. A common driveway easement will be provided for the front portion for utilization of the existing driveway for both lots, eliminating an additional curb cut. The applicant requested a waiver of the sidewalk requirement because of topography and mature trees within the right of way. Both lots will be served by public water and sewer. There were no comments from the public. The public hearing was closed at ?:5§ P.M. Mr. Kern was. reseated. d. Preliminary subdivision application of Edward R. Dutkiewicz, et.al., for 9 residential lots at Orchard Road and Metacomet Drive, North Range, Section I. Mrs. Carey disqualified herself. Mr. Bovee presented the plans which extends Metacomet Drive with 8 new building lots on a temporary cul-de-sac and the additional lot contains the remaining property fronting on Orchard Road. Provision is given on this remaining lot for future extension of Metacomet Drive to Orchard Road. The applicant requested a waiver of the 60 foot right of way to a 50 foot right of way width. The pavement would go from 30 feet to 26 feet width. No sidewalks are required. Lots would be served by well and on-site septic systems. There were no comments from the public. The public hearing was closed at 8:10 P.M. Mrs. Carey was reseated. e. Special permit application of Skooters Family Entertainment Center, Inc. for the establishment of an amusement facility at Lot 28, Block 83, Webster Square Shopping Center, in a PS-A zone, in accordance with Section VI.A.3.m of the Berlin Zoning Regulations. Michael Blanco, the applicant, presented the plans and submitted photographs of the Bristol facility and letters from Berlin-Kensington YMCA and others commending the facility. Hr. Blanco described the facility which will include indoor miniature golf, lazor iran, token redemption games, pinball and electronic games and an eating area. The facility will be geared for children 8 to 14 years of age and the biggest business would be birthday parties as is t~ Bristol facility. Mrs. Carey asked about handicap assessability. ~. ~l~nco stated that the facility would be handicap assessable. Chuck /.~ye~, re~res~0ting Chase Enterprises, owner of the property, stated ~h~::th~?~n~t~ shopping center conforms to handicap regulations. ~Hrs~:Ca~ad a letter dated April 6 1995 from M~ L~'L.,'~.. ~.~r~ , , , 'chael Nelson of ~ am~tig~c,~Y~ve, stating his opposition to the proposal. Mr. Kern {5~ ~Nke~:~rS'~om~ents from the public. .~7 ~'~r~'~{c of ~itney Lane stated her opposition :o the proposal. Her ' ~i~og~ern is the safety of Berlin children and feels ~ . r,, s type of cac~li:~ encourages gangs from other towns anddrug pushers. She suggested Chase Enterprises look into an i~ediate care facility for the location. Mrs. Carey read a letter received from J. Leo Gagne of Stock~ngs Brook Road supporting :he proposal. He and his family have been to the Bristol facility and found it ~o be a quality family facility, well supervised, clean and fun. Paul Listro of Rowley Street stated his concern with traffic and the need for a walk light at the intersection of Webster Square Road and Frontage Road where ehtldren will be crossing to and from Showcase Cinemas and Skooters. Mr. Miller stated that if it seems to be a problem the Police Department will take necessary action. Charles Karno, Economic Development Director, spoke in support of the proposal. The public hearing was closed at 8:45 P.M. f. Resubdivision of Thomas J. Maule, et.al., for one building lot at Lot 6-1, Block 90, Four Rod Road. Mr. Kern dtsqualified himself and Mr. Z[gmont assumed the chair. Mr. Bovee presented the plans for a 71,176 square foot lot within the Cornerstone Industrial Development. Subdivision of the entire property was approved in 1994 but the mylar was never recorded and time has expired. Access to the lot would be from an existing driveway. PLANNING COMMISSION APRIL 11, 1995 3. OLD Mr. Zigmont questioned who would be responsible for installation of sidewalks when the driveway becomes a road in the future. Attorney Rick Pentore, on behalf of the applicants, requested a waiver of sidewalks. Mr. Karno spoke in support of the project as economically viable and opposes the requirement of sidewalks. Peter Halibozek of Four Rod Road supports the need for sidewalks because of the high volume of traffic and children in the neighborhood. Me is also concerned with site improvements which have not been completed on the first lot in the development. Andrew Martino of Four Rod Road requested a hold be put on approval until all issues are resolved on the first project in the development. The public hearing was closed at 9:15 P.M. Mr. Kern was reseated. BUSINESS Special permit and site plan application of City of New Britain to construct a municipal facility (baseball stadium) in Willowbrook Park, in accordance with Section V.A.3.g. of the Berlin Zoning Regulations. Miss Meskill disqualified herself and Mr. Edelson was seated in her place for this item. Mr. Miller reported that staff concerns regarding parking and landscaping have been adequately addressed but a waiver is needed for both. A letter will be sent to STC from the Planning Commission regarding sidewalks on New Britain Road from Burger King to Karbonie Road. A motion was made by Mr. Edelson, seconded by Mr. Zigmont and voted unanimously to grant a waiver for 20% of the required parking spaces for joint use for the following reasons: 1. Joint uses of the site will be timed such that total number of spaces will be adequate. 2. The waiver eliminates the need to pave over a public park. to approve modifications to the landscaping requiremen[s in Section IX.B.14.C.'(6) <Dfo~the following reason: ~l.t~-The:mo~,fication allows for more landsca In in _., .. ~ p' g other parts of the ~[ _-~_pa~ b~ot requiring it within the parking lot. ,~ ~otio~ made by Mr. Zigmont, seconded b Mr Moore and v .~-..~< Y · oted unanimously t~k. applr.~Jv~.~ the special permit application and site plan a lication for tl~ fC~oJing reasons: PP ~. T~:~p~oposal is appropriate use of the si~e. ~he ~oposal has no detrimental impacts on the surroundin ~,Lne(~oposal is an economical and recreational enhancement to the ' region~' Miss Meskill was reseated. & c. Special permit application to create a rear lot and subdivision application for two building lots of Redcoat Home Builders, at Lot 47, Block 53, Percival Avenue. Mr. Kern disqualified himself and Mrs. Cobuzzi was seated in his place. Mr. Zigmont assumed the chair. A motion was made by Miss Mesklll, seconded by Mrs. Gobuzzi and voted unanimously to approve the special permit application subject to ~he following: 1. Location of common driveway easement to Lots 47 and 47A be clearly indicated on the map. 2.Slope rights along drive~ay be given to Lot &7A from Lot 47. 3.Portion of existing gar&ge to be removed and noted on map. 4.Swales directed into the rear of Lot 47A and not onto the adjoiner's property. PLANNING CO~ISSION APRIL 11, 1995 5. Changes to grades and swales as recommended by Town Engineer. Reasons for this special permit approval are: 1. It meets all regulations for special permits, 2. The proposal wi[~ not inhibit future development. A motion was made by Mr. Moore, seconded by Miss Mesklll and voted 4-1 to deny ~he request for sidewalk waiver and to waive the normal sidewalk s~andards subject to staff approval. The reasons for denying the waiver of sidewalks are the high traffic area and proximity to a school and recreational facilities, and safety considerations. Mr. Moore, Miss Meskill, Mr. Zigmon~, and Mrs. Cobuzzi voted in favor; and Mrs. Carey voted against the motion. A motion was made by Hrs. Carey, seconded by Miss Meskill and voted unanimously to gran~ ~ubdivi~on approval for the following reason: 1. The plans conform to all subdivision requirements. Mr. Kern was reseated. d. Preliminary subdivision application of Edward R. Dutkiewicz, et.al., Orchard Road and Metacomet Drive. Mrs. Carey disqualified herself and Mr. Edelson was seated in her place for this item. A motion was made by Miss Meskill, seconded by Mr. Edelson and voted unanimously to table action until May 9, 1995. e. Special permi~ application of Skooters Family Entertainment Center, Inc., Webster Square Shopping Center. Mr. Edelson remained seated in the absence of Mrs. Carey. A motion was made by Mr. Zigmont, seconded by Miss Meskill and voted unanimously to approve the special permit for ~he following reasons: 1. The proposal is an appropriate use in the area and far enough away from resi~ential areas to have no impact. 2. The proposal is consistent with the Plan of Development. f. ~e~u~division application of Thomas J. Maule, et.al., Four Rod Road. ~-C~r. Kern di~Ualified himself and Mrs Cobuzzi was se L.'-~ -~. = _1~-~ · ated in his place. c"r~r"~-n~gmon~ssumed the cha%r. A motion was made by Miss Meskill second ~ b~-'.Mr,?,~6.~b~3 and voted .... i .... ly to table action until May 9 1~95 ed ~'~ M~'a Ke~.~ ~nd Mrs. Carey were reseated. ~? ' .:-~ ,, ~te~iD~r/iapplicatfon of General Equities, Inc for a new 3,100 square foot ~': ~solTine~ffilling station and a 10,041 square foot building addition at ~L%ts-16~]~', 17, 17A, and 17B, Block 84A, and Lot 1, Block 85, Mill Street. A variance for the sign was received from ABZ. A motion was made by Mr. Zigmont, seconded by Miss Heskill and voted unanimously to grant site plan approval subject to the following: 1. Design Review approval. 2. Grading concerns of the Town Engineer be addressed. 3. Receipt of the bond to be set by staff. The Commission finds the plans to be consistent with the Plan of Development and all regulations. h. Proposed open space subdivision of Lucy Grala for 23 residential lots at Lot 9, Block 71, Nort6n Road and Stillmeadow Drive. ;% site walk was scheduled for Thursday, April 20, 1995 ac 5:00 P.M. A motion was made by Mrs. Carey, seconded by Mr. Moore and voted unanimously to table action until May 9, 1995. Discussion of preliminary sketch layout of a 9 lot subdivision of MidConn Bank, Stillmeadow Drive. A motion was made by Mrs. Carey, seconded by Mr. Moore and voted unanimously to table action until May 9, 1995. Site plan of Vincent Brescia for a new industrial building at Lot 48, Block 83, Christian Lane. The septic system has been approved by the Health Director. A motion was made by Mr. Zigmont, seconded by Mr. Moore and voted unanimously to grant site plan approval subject to the following: 1. Engineering staff final review and approval of plans. The Commission finds the plans conform to the Plan of Development and all regulations. 4. NEW BUSINESS a. Application for spec/al permit use of Angelo Ciammella for the establishment of two multi-family dwelling units in an existing commercial building in a CCD-2 district at Lot 71-72, Block 76, Farmington Avenue. Mr. Kern disqualified himself and Mrs. Cobuzzi was seated in his place. Mr. Zigmont assumed the chair. A motion was made by Mrs. Carey, seconded by. Miss Meskill and voted unanimously to schedule a public hearing for May 9, 1995. Mr. Kern was reseated. b. Revision to site plans of PEP Boys, Inc. for a new 17,335 square foot retail building and a 2,772 square foot bank building at Lots 9 & 10, Block 82, Wilbur Cross Highway and Rowley Street. The orginal plans included r~loc<ation of the driveway easement and s landscaped buffer alone the ~tt_~ide of the property abutting the residential property on Rowle Stree ~_ _~,r,~n ~eement has not been reached to relocate the driv.~av y t. /~as~mentTp~&~g~e easement will remo~- ~ room~a~2c a landscaped buffer ad~ac ,,,In~cordad~e'with Section IX.C.2.(d) of the ' '' - · ~'wag~mad%~9 Mi~s Meskil[ ..... ~ .... Zoning Regula~zons, a motion ~ w~i~e th~ Width of the buffer from 30 fee~ to 24 feet and substitute ~5/ s~ee"~ng ~or landscaping. A motion was made by Miss Memkill, seconded ~Mrs~ ~ey and voted unanimously to approve the revised site lans subject to'the following: P 1. Installation of 6 foot stockade fence facin~ PEP Boys with suitable plantings in front. 2.Provision of a sidewalk easement along Rowley Street. 3. Installation of a landscaped screen between park~n~ lots and s~reets, in accordance with the requiremen~s of Section IX.B.14.C.(7) of the Zoning Regulations. 4.Satisfaction of drainage, utility, and other public improvement concerns of the Town Engineer. 5.Receipt of the bond to be set by staff. 6.Submission of revised plans. 5 OTHER CO~ISSION BUSINESS a. Minutes of March 14, 1995 and March 27, 1995. Mr. Kern pointed out that March 27 minutes, second page, second paragraph, fifth 1ine~ "Plan of Development" should read "subdivision regulations". A motion was made by Mr. Zigmont, seconded by Mrs. Carey and voted unanimously to approve the minutes of the March 14 and March 27 meetings as amended. PLANNING COMMISSION APRIL 11, 1995 b. Discussion of public improvements on Wood's Edge Court, Wood's Edge subdivision will be put on the May 9, 1995 agenda and neighbors will be invited to participate. c. Site plan review of a proposed retail facility, Route 372 and Kirby Road, Cromwell, and review of special permit application for a proposed retail facility located at Berlin and Kirby Roads, Cromwell. Mr. Miller will view the site from East Berlin side of the river and will send a letter to Cromwell stating Berlin's position as stated in s previous letter. d. CCRPA referral of proposed amendments to Town of Southington Zoning Regulations. Mr. Miller will respond with no comment. e. A motion was made by Miss Meskill, seconded by Mrs. Carey and voted unanimously to release the bond of Thomas Baldyga, Lot 1. Block 56, Kensington Road. f. Discussion of street acceptance of White Oak Drive, Peter Knaus. A motion was made by Miss Meskill, seconded by Mrs. Carey and voted unanimously to table action. g. A motion was made by Mrs. Carey, seconded by Miss Meskill and voted unanimously to authorize staff to proceed to finish road construction , Alling Court. h. There were no documents that needed to be signed. i. No communications that needed to be discussed. J. A motion was made by Mr. Zigmont, seconded by Mr. Moore and voted ~un~'imousl~ to add this item to the agenda. Larry Buck was present and ~.'Mr,.Ke.~n ex~l~ined to him that the issue related to Quincy Trail and ,~,'ot~er tra~on Lamentation Mountain was referred to Corporation Counsel. ~, I~'-is,~al opinion of Attorney Anderson that the 1961 Special Act {~ d~d n~5~ert the trails to public h~ghways. ~.~_m~-~n?~as made by Mr. Zigmont, seconded by Mr. Moore and voted ~.~ '~a~i~ou~ly to add this item to the agenda to discuss problems with the ~orner~bne Industrial Development. Mr. Kern disqualified himself and Mr. Edei~'bn was seated in his place. Mr. Zigmont assumed the chair. Mr. Miller reported on the status of incomplete work, The grading has not been done according to plans and the swale has net been constructed according to plans. Inadequate bond is held for the Town to do this work. Mr. Miller will continue to monitor work. The special meeting has been moved from April 25 to April 15, 1995. A motion was made by Mr. Zigment, seconded by Mrs. Carey and voted unanimously to adjourn the meeting at 11:30 P.M. Respectfully submitted, Sharon Guite Recording Secretary BERLIN PLANNING COMMISSION The April 18, 1995 special meeting of the Berlin Planning Commission was called to order at 7:05 P.M. by chairman Dennis Kern. Those present were Timothy Zigmont, Joan Carey, Town Planner Brian Miller, and Recording Secretary Sharon Guite. There was no one present who wished to speak for the Audience of Citizens. Steve Wasnia, Fire Marshall; Mark Lewandowski, Chief of Kensington Fire Department; and Jim Simons, Chief of Berlin Fire Department; were present to discuss fire protection requirements in areas of town with no water mains. They suggested that when a new subdivision is proposed, the first thing to look at is a way to get water mains to serve the area, if necessary at the developer's expense. Where this is not possible, alternatives may be sistern tanks which need to be maintained, or dry hydrants and water mains which need a supply of water from somewhere. Access to property for fire protection was also discussed. It was suggested that subdivision regulations be amended to make .comments from the Fire Marshall enforceable regarding water supply ~nd?.&ccess~or fire trucks Mr. Kern requested that fire staff i~he~-k With~ther Connecticut towns that.have subdivision regulations ~i~h f~e-~otection provisions and come back to the Commission i~it~' re~'~endations -.~.r%Tss fl'o~ring and roofing construction was discussed. It becomes ~e~ u~i~afe when burned and the fire staff would like to see ~!So~. k~d.~of ordinance or building codes regarding truss construction "Mr'~Ke~n~J~uggested the State be approached regarding State ' Building Codes and construction using trusses. Policy on waivers was discussed. State Statutes requires 3/4 vote to approve a waiver. Berlin Subdivision Regulations only require a majority. Mr. Miller suggested that following State Statutes until subdivision regulations are amended. It was agreed that when a waiver is required it would need a 3/4 vote but when a waiver is at the descretion of the Commission a majority vote will be needed. Open space fund was discussed. Mr. Miller contacted Lebanon and Farmington as both towns have open space fees in lieu of. He also spoke with Gary Clinton and Nancy Lockwood. The fund would have to be established by an ordinance and funds would have to be specifically used for acquisition of open space. There is a question as to who would have authority in spending this money. Mr. Kern requested Mr. Miller get a copy of the open space funds regulations from Lebanon and Farmington. Mr. Miller gave Commissioners copies of Development Procedures for their review and this item will be put on the next agenda.