1996/12/05Call to Order
A Special Meeting of the Berlin Planning and Zoning Commission was called to order on
December 5, 1996 in the Council Chambers, 240 Kensingto. n Road, Berlin, CT at 7:05 p.m.
Present:
Excused:
Absent:'
Chairman Brace Moore
Commissioners Joan Carey, Ronald Edelson, Diane Jorsey, Kenneth
Robert Weiss
Alternate Commissioner Edward Egazarian
Alternate Commissioner Martin Harwin
Commissioner Timothy Zigmont
Alternate Commissioner Robert Holmes
Mr. Egazarian was seated.
I Audience of Citizens
a. Albert Larson, President of Kensington Woods Ass6ciation, Langdon Court, stated
that this was his third time he had attended a commission meeting in order to state complaints
about unfinished site improvements against Developer Donald Klepacki. He stated that
although a site visit had been conducted with Town Planner Miller, the residents' issues have
not been resolved.
b. Donald Klepacki, Developer of the Kensington Woods condominiums, stated he had
posted a $2,000 bond for sidewalk repair with the Town. In addition, a $16,000 bond for the
completion of work is in place with the Kensington Fire District. He lhrther stated Mr. Larson
had not contacted him regarding the unfinished work.
Mr. Moore suggested both parties meet to resolve differences.
H Public Hearings
Mrs. Carey read the call of the hearing.
a. Proposed amendments of Town Planner for amendment to Section V.A. 10 Area and
Bulk requirements concerning the rear lot requirement in an R-21 zone for detached accessory
buildings and Section XIH.8 concerning the notification process of a public hearing for a site
plan.
Mr. Miller stated his proposal for amending Section XIII.8 will be considered at a fi~ture
meeting. Regarding the change to the R-21 rear lot setback, he stated the current requirement
of 30' is excessive and creates a hardship, by placing any detached structure, such as a shed
or pool, towards the center of the R-21 lots.
There were no proponents or opponents of the application.
A motion to close the heating was made by Mrs. Carey, seconded by Mr. Jovin and carried
unanimously. The hearing closed at 7:20 p.m.
b. Special Permit application of G.B.A., LLC for 119 units of multi-family residential
development, Silver Ridge, at Lots 25, 25A, and 28, Block 153, Wilbur Cross Highway.
Mr. Zig'mont abstained from discussion and voting on this item.
Barton Bovee, P.E., MBA Engineering, represented the applicant. He stated that although the
Inland Wetlands and Water Courses Commission's decision concerning the applica ' n was
stil! pending, as the representative for G B.A., LLC, Donald Klepacki, was in atten~anrce with
various consultants who would give testimony, it was agreed that the presentation ofth'e
application be made.
Mr. Bovee submitted various documents for the file, including an environmental analysis study
and a copy of the IWWC application which is still pending. He then reviewed the site plan for
the proposed 119 multi-unit development on the 88 acre property. He stated three type of
units are proposed: 20 duplex units', 39 single family units; and a third phase which would
also be 40 single family homes, the duplex units are to be developed with age restrictions in
accordance with the Fair Housing Act. He stated the road layout has received favorable
preliminary approval and that the property has accessible water service and sewers.
Thomas Manning, Architect, reviewed floor plans, stating some will be custom designed with
a minimum of 1800 sq. f~.
Philip Barlow, TO Design, Hartford, CT, spoke about the landscape details and the
developer's plans to preserve shade trees and establish public landscaped areas.
Scott Hesketh, F.A. Hesketh & Associates, Inc., Bloomfield, CT, reviewed the traffic study,
stating the site would increase the traffic flow by approximately 78 vehicles during the a.m.
peak travel hours and 108 vehicles during the p.m. peak travel hours and will add 1,000
vehicles trips to the present 24,000.
Kenneth Stevens, Soil Science and Environmental Services, Inc. discussed environmental
assessment, reviewing the executive summary of the report. The site has 3.5% wetlands.
Mr. Bovee stated the site has 25.6 acres to be designated as open space; due to thc age
restrictions of the lower portion of the development, there should be minor impact on
recreational facilities and schools. He stated the time schedule for the work would most likely
be the lower section (duplex units) completed in one to three years; the middle section (single
family) within one to four years; and, the upper section (single family) within three to six
years; a significant amount of blasting was not being anticipated.
Mr. Bovee stated the application contained 33 sheets ofinfgrmation which needed review. He
then addressed staff comments.
The following spoke concerning the application:
Dennis Kern, Esq., 57 Cider Mill Road, on behalf of the Berlin Land Trust, requested the
open space run through the site and be kept as wide as possible. In response to his asking if
the open space will be deeded to Berlin, Mr. Bovee responded that was acceptable to the
applicant.
Norman Zimmer, representing the Meriden Conservation Commission, read a letter of ~upport
for the conservation buffer area of the open space &the site. He stated his support for a
contiguous open space corridor and the area's being deeded, to the town.
Manha Vernlund, spoke in support of the preservation of the open space.
Albert Larson, Langdon Court, expressed concern for the developer's adequate completion of
the project.
Jacob Ovid, Bishops Curve, questioned potential future expansion of the site.
Mattheiv Reney, Middletown, a previous owner of the property, spoke in support of the
project.
Mitchell Unguire, questioned what would mandate the first section of the development remain
as an adult community. Mr. Bovee responded that condominiums documents would be
signed; the adoption of the special permit would be noted on the plan; and that the proj~-'~
would be monitored by Federal laws.
A motion to have the hearing remain open and be continued until December 12, 1996 was
made by Mrs. Carey, seconded by Mr. Jovin and carried unanimously. 9:20 p.m.
The meeting recessed at 9:21 p.m. and reconvened at 9:30 p.m. in~e Council Chambers with
the same commissioners in attendance.
IH Old Business .... .
a. Proposed Amendment to Section V.A. 10 of the Zoning Regulations
A motion to approve the proposed amendment of Town Planner Brian Miller for
Amendment to Section V.A. 10 Area and Bulk table, adopting thc rear lot requirement
in the R-21 zone for detached accessory buildings as 15 feet was made by Mr. Weiss,
seconded by Mrs. Carey and carried unanimously. The effective date of this
amendment will be December 13, 1996. The reason for the approval is that this
amendment is not in conflict with the Plan of Development.
b. Special permit application of G.B.A., LLC for 119 units of multi-family residential
development, Silver Ridge, at Lots 25, 25A and 28, Block 153, Wilbur Cross
Hi.way.
A motion to table this item was made by M~. Edolson, seconded by Mrs. Jersey and
carded unanimously,
Request of Charles Kamo for Amendment to Section IXA.6.e. I-4 of the Zoning
Regulations concerning siguage.
Due to the discontinuity of the proposal, Mr. Weiss made a motion to deny
Mr. Karno's proposed amendment to Section IXA.6.e. 1-4 of the Zoning Regulations.
The motion was seconded by Mrs. Jersey and carried unanimously with one
abstention (Mr. Egazarian).
Petition of residents to eliminate requirement for sidewalks, Fox Hill Estates
subdivision, Wilks Pond Road.
A motion to table this item was made by Mrs. Jorsey, seconded by Mrs. Carey and
~xried unanimously.
Request for extension of Fill permit, CRP, LLC, Lots 3A, 3B, 4A, 12Z, Block 76A,
Christian Lane.
Mr. Miller stated both items e. and f. have action pending by the Inland Wetlands and
Water Courses Commission.
A motion to table this item to January was made by Mr. Edelson, seconded by
Mrs. Carey and carried unanimously.
Proposed Site Plan of CRP, LLC, Lot 3A, 3B, 4A, 12Z, Block 76A, Christian Lane.
A motion to table this item until January was made by Mr. Edelson, seconded by
Mrs. Carey and carried unanimously.
New Business
,fi
Site Plan of Edward Egazarian for a commercial building at Lot 19, Block 117,
Wilbur Cross Highway.
Mr. Egazarian relinquished his seat as a commissioner and reviewed his site plan.
He stated in place of three waivers concerning required 1800' &footage, he would
agree to the installation of 30' of buffer area abutting a residentially developed area
instead of the required 10'. He stated he had met with the Health Director, Maryarm
Cherniak, and further stated he preferred a retail/office use over a restaurant for the
buildin8.
Mr. Miller said a definitive ruling is needed from the Health Director and that
landscaping and plant material needed to be shown on the plan.
A motion to table this item was made by Mrs. Carey, seconded by Mr. Jovin and
carried unanimously.
Mr. Egazarian was reseated.
Acceptance of Lot lA, Block 85, Mill Street as Park/Open Space
Mr. Miller stated General Equities has developed this site far in excess of what was
required. Although no problems are anticipated, an environmental assessment will be
reviewed by a consultant retained by Town Counsel.
After discussion, in accordance with Section 8-24 of the Connecticut
General Statutes, a motion to recommend acceptance of Lot lA, Block 85, Mill
Street as Park/Open Space to the Town Council was made by Mrs. Carey, seconded
by Mr. Jovin and carried unanimously.
V
Open Space Fund
Mr. Miller stated he will submit a draR of the policy for collecting fees in lieu of
open space.
A motion to table this item was made by Mrs. Carey, seconded by Mrs. Jorsey and
carried unanimously.
Acceptance of Old Meeting House, Worthington Ridge
ARer discussion, in accordance with Section 8-24 of the Connecticut General
Statutes, a motion to accept the Old Meeting House, Worthington Ridge, was made
Mrs. Carey, seconded by Mrs. Jorsey and carded unanimously.
Other Business
Discussion of Leonard Shaw to establish a Motor Vehicle Recycling and Pans
Distribution Facility on Christian Lane.
Mr. Miller stated this request in not a current, permitted use.
Mr. Shaw stated he was seeking the commission's opinion as to whether he
should further pursue this business venture.
After discussion, it was the consensus of the commission that Mr. Miller
flra~ an amendment to the regulations so that a public hearing could be held.
Discussion on ponding problem on Brownstone Court, John Kulesza, Wether Run
subdivision.
Mr. Miller stated Mr. Kulesza has been communicating with his office and stated
another contractor has been hired to complete the final coat of paving, which may
eliminate some problems.
A motion to table this item was made by Mr. Edelson, seconded by Mr. Egazarian
and carded unanimously.
Discussion of the revocation of the subdivision bond of Fox Hill Subdivision,
Section I, Louis Valentine
Mr. Edelson abstained from discussion and voting.
Mr. Miller stated he had received notification at the end of this work day that the
shimming of the manholes had been done; however, there had been inadequate
time prior to the meeting to have an inspection done.
After discussion, a motion to revoke the subdivision bond of Fox Hill Subdivision,
Section I, Louis Valentine was made by Mr. Weiss, seconded by Mrs. Carey and
carried unanimously with one abstention (Mr. Edelson).
Adoption of 1997 Meeting Calendar
A motion to accept the calendar as presented was made by Mrs. Carey, seconded
by Mrs. J'orsey and carried unanimously.
VI Requests for Bond Reductions/Releases .
Request of John Masserio, General Equities, Inc. for a bond release,
CITGO Quik Man, Lots 16B, 17, 17A & 17B, Block 84A, Mill Street.
After discussion, a motion to grant this request was made by Mr. Weiss,
seconded by Mr. Jovin and carried unanimously.
Request of John Masserio, General Equities, Inc. for a bond release,
CITGO Quik Mart, Lot SA, Block 121, Wilbur Cross Highway.
After discussion, a motion to grant this request was made by Mr. Jovin,
seconded by Mrs. Carey and carried unanimously.
Request of Anthony Micacei, TM Industries, for a bond release,
134 Commerce Street, East Berlin.
Mr. Miller advised that seven trees remain to be planted as part of the
approved site plan. A motion to reduce the bond to $700 was made by
Mrs. Carey, seconded by Mr. Weiss and carried unanimously.
Request of Louis Valentine for a bond reduction, Lamentation Mountain
Estates.
Mr. Miller stated this item requires action by the Town Council for street
acceptance prior to the Planning and Zoning Commission's eonsideratiol~ of
this request. A motion to table this item was made by Mrs. Carey, seconded
by Mrs. Jorsey and carried unanimously.
VII Communications
Mr. Miller advised of a public meeting which will be held on January 29, 1996 at
Northeast Utilities for discussion of protecting trap rock ridges. The meeting is
sponsored by the Connecticut Association of Conservation and Inland Wetlands
Association, in cooperation with the tri-town effort of Berlin, Middletown and Berlin.
VIII Signing of Documents
No documents requiring signatures were presented.
IX Commissioners Comments
Mr. Weiss and Mr. Moore stated their approval oft.he town's adoption ora zoning
ordinance which permits the issuing of citations for unresolved zoning violations.
Mr. Miller stated that Berlin, in doing so, may have been the first to adopt an
ordinance with this empowerment.
Review of Minutes
Mrs. Carey motion to accepted the minutes of the November 14, 1996 meeting as
amended. The motion was seconded by Mrs. lorsey and carded unanimously.
Respectfully submitted,
; Car~, Secretary
~mces M. ~emnoski, Recording Secret~ ~ :~'; ~ ~
D,cemfier 12, 1996 Planing ~d Zoning Commi~io~ee~ng ~
The Regular Meeting of Thursday, December 12, 1996 was called to order at 7:05 p.m. in the
Council Chambers of Berlin Town Hall, 240 Kensington Road.
In attendance:
Chairman Bruce Moore
Commissioners Joan Carey; Diane lorsey; Kenneth lovin,
Robert Weiss and Timothy Zigmont
Alternate Commissioners Edward Egazarian (who was seated)
Town Planner Brian J. Miller, AICP
Stephen Harris, Planning Intern
Excused:
Absent:
I Audience of Citizens
No one spoke for this portion of the meeting.
H
Commissioner Ronald Edelson
Alternate Commissioner Dr. Martin Harwin
Alternate Commissioner Robert Holmes.
Public Hearings
Mrs. Carey read the call of the hearing and related correspondence. '~"'~"~'~
(1/17/97) . a. Zone Change Request of Cynthia J. Manchesi to change the zone ~.
of Lot 9, Block 86, Mill Street and Worthington Ridge from . .i~'~ ~i --
Residential I I (R-11) to Commercial Core District 2 (CCD-2~ ~:,~
and Amendment to thePlan of Development. ~i~ '--?
Attorney James F. Ripper presented the application on behalf of Ms. Manchesi. cn
Stating that his client agreed that some uses of the CCD-2 uses may be detrimental to a residential
area, he stated that should the proposal be approved, a declaration could be filed restricting the
property's uses; the orientation of the building would use Mill ~treet as its address; and the outside
appearance of the structure would not change.