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1996/03/14144 Call to Order The Regular Meeting of March 14, 1996 of the Berlin Planning and Zoning Commission was called to order in Room 8 by Chairman Bruce Moore at 7:00 p.m. Commissioners in attendance: Excused: Absent: Joan Carey Diane Jorsey Kenneth Jovin Kathryn Kearns Robert Weiss Timothy Zigmont Dr. Martin Harwin, Alternate Commissioner Robert Holmes, Alternate Commissioner Susan Wiley, Alternate Commissioner Town Planner Brian Miller was present, I Audience of Citizens Mr. Thomas "Al" Gerdis submitted a letter requesting that he be able to hold an auction/tag sale on his property at 69 Seymour Road at some time during the coming summer months. Chairman Moore stated research regarding regulations relating to his request would be done by staff and the information forwarded to him. Mr. Gerdis also voiced a complaint about dumping of materials on Norton Road, near the Lions Pool, stating concern for a nearby stream. Mr. Miller stated he would investigate the . , complaint and report back to the commission at its next meeting. There were a number of citizens present in the audience who wished to address the n~t agenda item. Joseph Marks, Park Drive, requested their participation in th~qli.~cussioii, stating they wished to have their opinions heard and perhaps incorporated in~'o wl~at n~av proposed for public hearing. -- It was the consensus of the commission to permit their participation in the di~c~ion.~4 Old Business a. Discussion of Regulations for Clear Cutting of Forest La~d Mr, Moore stated the goal for developing regulations for clear cutting is to prevent a developer from clear cutting property prior to applying for subdivision approval. Mr. Robert DeMaria, 1165 Edgewood Road, Kensington, stated he operated a Christmas tree farm and was concerned about the impact the regulations would have on his business. Mr. Miller assured Mr. DeMaria that operations relating to the harvest of Christmas trees were exempt from the proposed regulations. Ms. Jorsey stated the Department of Environmental Protection is currently compiling regulations which, when approved, would nullify those of the Town of Berlin and certain applications may be subject to DEP review. She said she had been told the State's regulations may be approved within six months. She further stated the importance of determining a definition of clear cutting. Ms. Christina Berger, Chamberlain Highway, stated a need for a clear definition of clearcutting. She said that clear cutting is a tool of forestry used in habitat and forest management and is sometimes the best option as changing grades around existing trees may cause them to die and create hazards. She questioned how many acres in Berlin are forested and cautioned against the burden of over-regulation. $ohn Reed, Norton Road, said he had spoken with the State of Connecticut. He stated clear cutting is sometimes necessary to establish or re-establish certain species of trees. II II Mr. DeMaria stated his opinion that clearcutting is an agricultural issue, not a Town is~u~ ...... and that agricultural businesses have adequate regulation. Mr. Marks stated the costs which may be incurred with the regulations, i.e. engineering work and hiring of a silvacultufist, could be excessive. Patrick DiPinto III, suggested the commission review each individual case, as regulations could greatly affect the cost of each proposal. Oren Jones, CT Land Management Co., a forester/consultant, cautioned against creating regulations which were too restrictive and which may have a negative impact in maintaining open space in Berlin. He suggesting calling the State Forestry Depafl:ment for further information Ms. Jorsey suggested revisions to the proposed regulations could be made to be more agreeable to private land owners. Mr. Miller stated he had spoken with several people at the State Forestry Department and would again to discuss these issues. He further stated he was skeptical of an approval of state regulations within the quoted six month period. Mrs. Keams stated she is a proponent of open space and that more compromise may be necessary. She stated that historically clearcutting has not been a problem and as she is not a proponent of over-regulation, it was her opinion that discussion of this issue be tabled until the State's regulations are approved. Mrs. Marilyn DeMaria, 1165 Edgewood Road, Kensington, stated owners of agricultural businesses have foresight and a working knowledge of these issues, whereas the commission does not have a practical knowledge of agricultural practices. She suggested creating an underlying zone for farming. Mr. DeMaria stated his opinion that over-regulations drives people out of business and that farm land which is operated under Public Act 490 brings in more revenue than its requirement for services. Mr. Moore stated that the consenus is to have Mr. Miller further research the issue and report back to the commission at a later date. A motion to table the item was made by Mrs. Keams, seconded by Mr. Jovin and carried unanimously. b. Site Plan of Walter Borysewicz - Worthington Ridge Mr. Miller stated the application had received an approvals from the Inland Wetlands Commission and the Zoning Board of Appeals. He stated that a gravel parking lot was being proposed, which would be appropriate given the anticipated low level of use and that the two remaining concerns were the adequate number of parking spaces and the turning radius of the entrance. Mr. Borysewicz responded to the commissioners questions about the activities which would held on site, including boarding and obience classes. After discussion, a motion to approve with conditions the site plan of Walter Borysewicz for a kennel at Lot 20, Block 127, Worthington Ridge was made by Mr. Weiss, seconded by Mr. Jovln and carried unanimously with one abstention (Kearns). The conditions of approval are: a. The addition of more additional parking space per employee in accordance with zoning regulations, in addition to the 13 parking spaces shown on the plan. b. Improvement of the entrance radius to accommodate 42" of turning radius. c. Receipt of a bond to be set by staff. H1 New Business a. Request of Patrick DiPinto - Castlewood Drive Mr. Miller explained that when the site plan for the subdivision had been approved, no regrading had been shown and that the proposed amount of 3,500 to 4,500 yards of material proposed for excavation exceeds what the Zoning Enforcement Officer can permit without the approval process. Mr. DiPinto stated his opinion that as the site exists, it would be almost impossible to site a house and further stated that the amendment to the site plan would permit a somewhat more level, attractive site to the subdivison. Mr. Moore said the change may alleviate any concern for drainage problems. 146 Mr. Miller said the amendment would permit on-site drainage to be taken care of. He stated the test borings need to be redone to determine suitability for septic tanks. A motion to grant with a condition the request for amendment to an approved subdivision site plan at Lot 8J, Castlewood Drive was made by Mr. Zigmont, seconded by Mr. Weiss and carried unanimously. The condition ofapproval is that the concerns of the Health Director are met. Mr. Zigmont amended his motion to include the customary conditions of gravel operation regulations. The amendment to the motion was seconded by Mr. Weiss and carried unanimously. Other Business a. Review of Minutes Mrs. Keams abstained from voting. After review, a motion to approve thc minutes as amended was made by Mr. Jovin, seconded by Ms. Jersey and carrlcd unanimously. b. Acceptance of Revised Zoning Map A motion to table this review was made by Mr. Jovin, seconded by Mrs. Kearns and carried unanimously. c. Request for Filing of the Hennessey Subdivision Mylar A motion to grant the request for a 90 day extension for filing of the Hennessey subdivision mylar, Lot 2113, 13lock 108F, Meadow Lane was made by Mr. Weiss, seconded by Mrs. Kearns and carried unanimously. d. Request for Filing of the Mooreland Hill Trust Subdivision Mylar A motion to grant the request for a second, 90 day extension for filing of the Mooreland Hill Trust subdivision, Lot 5, Block 5 I, Chamberlain Highway was made by Mr. Weiss, seconded by Ms. Jorsey and carried unanimously. e. Request for Filing of the Martin Subdivision Mylar A motion to grant the request for a 90 day extension for filing of the Martin subdivision, Lot 16, Block 112, Worthington Ridge was made by Ms. Carcy, seconded by Ms. Jersey and carried unanimously. V Bond Reductions and Releases a. TM Industries - Commerce Street Mr. Miller stated the majority of the site work had been done. A motion to grant a $7,500 reduction of $7,500 the bond for site work to Anthony Micaoci, TM Indusiries, Inc., Com.merce Street was made by Mrs. Kearns, seconded by Mr. Zigmont and carried unammously. $6,500 remains in the bond. b. A.W. Direct - PRT LLC - White Oak Drive Mr. Miller stated the remaining work to be done was some minor pavement repair and installation of shrubbery. He stated the letter of credit which was held as bond is due to expire and if commission authorizes release of the bond, he would direct the company to complete its planting or submit a cash bond for the work. A motion to grant the request of A.W. Direct for a bond release regarding completion of site work, PRT LLC, 83 White Oak Drive was made Mrs. Keams and seconded by Mr. Jovin. The motion carried unanimously. c. General Equities - Mill Street Mr. Miller stated all work, with the exception of the "park" across from the site had been completed. A motion to grant the request of General Equities, Inc. for a bond reduction to $10,000 was made by Mr. Zigmont, seconded by Mrs. Keams, and carried unanimously. d. Walsh Subdivision - John Gagllardi A motion to grant the request oflohn Gagliardi for a bond release, Walsh subdivison, was made by Ms. Catty, seconded by Mrs. Keams and carried unanimously. VI Payment of Invoices No invoices were presented for payment. VII. Communications ..................... ,---.-__ The commissioners reviewed various communications which were included in their meeting packages. VH1 Commissioner Comments Ms. Carey inquired as to the status of discussion concerning the participation of alternate members and stated a request to see supporting evidence of town counsel's opinion as stated at the last meeting. Mr. Miller stated he would contact Attorney Sullivan to further review the issue and report back to the commission. Chairman Moore informed the commission that Alternate Commissioner Susan Wiley had submitted her letter of resignation from the commission, stating her reason regretfully as relative to the opinion that alternate commissioners cannot participate in discussion or voting. Mr. Weiss stated it would be beneficial if the commissioners were provided with business cards in order to identify themselves to property owners should site walks be conducted. Mr. Miller suggested the request be further reviewed at the end of the fiscal year when remaining funds could be evaluated. LX Signing of Documents . :5:~' ~ :.":~ No documents required the Chairman's signature. (-,: A motion to adjourn was made by Mr. Weiss, seconded by Mrs. Keams an unanimously. The meeting adjourned at 9:51 p.m. d~i..:d-.. Res e~ctfuIly submitted, Fra~M. Semno/ski,'Recording Secretary Call to Order Chairman Bruce Moore called the March 28, 1996 Regular Meeting of the Berlin Planning and Zoning Commission to order at 7:00 p.m. at 7:00 p.m. in the Council Chambers, 240 Kensington Road. Commissioners in attendance: Joan Carey Diane lorsey Kathryn Kearns Robert Weiss Timothy Zigmont Excused: Dr. Martin Harwin Kenneth Jovin Absent: Robert Holmes I Audience of Citizens Speaking on behalf of the Economic Development Commission, Charles Kamo, Economic Development Director, requested a study be done of the GC-1 and CC-2 zones and their permitted uses and special uses. Steven Chuzik, whose business is located at 1219 Wilbur Cross Highway, spoke in favor of the request. John Natalie, whose business is located on Farmington Avenue, also spoke in favor of reviewing the uses permitted in those zones. Chairman Moore stated this request will be placed on a future agenda. 147