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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.