1997/10/09The October 9, 1997 Regular Meeting oftbe Berlin Planning and Zoning Commission was called
to order in the Council Chambem at 7:00 p.m. with the following in attendance:
Commissioner Timothy Zigmont (Acting Chair)
Commissioners Joan Carey, Ronald Edelson, Kenneth Jovin, Robert Weiss
Alternate Commissioner Edward Egazarian
Excused: Chairman Bruce Moore and Commissioner Diane Jorsey
Absent: Alternate Commissioners Robert Holmes and Dr. Martin Harwm
Mr. Egazarian was seated.
I. Audience of Citizens
No one spoke for this portion of thc meeting.
H. Publlc Hearings
Mrs. Carey read the Call of the Hearing.
a. Special Permit Application of Germano Fence Company for a retail facility
materials, (fences), at Lot 13, Block 141, Wilbur Cross Highway (Continued from
September 25, 1997)
Mr. Miller stated a letter from MBA Engineering dated October 8, 1997 requested that the public
hearing be continued to the October 23, ! 997 meeting.
Mr. Weiss reminded the comnnssion that, in accordance with state statutes, some action for this
application was required by October 30, 1997.
A motion to continue the hearing for this application was made by Mr. Edelson, seconded by Mr.
Weiss and carried unanimously.
Proposed Final Subdivision of Thomas Coecomo for two residential lots at Lot 16,
Block 1 lg, Tollgate Road and Norton Lane
Attorney James Ripper represented the applicant who was also present. He stated the
outbuildings on the site have some historic value and in order to save them. the requirement of
sidewalks may need to be re-evaluated. He requested a waiver for open space, as the lot would
be sold in order to obtain funds to renovate the existing house and as the parcel is a small size.
there is no demand for open space. He also stated its prior use as a restaurant will be abandoned
and appropriate legal documents would be drafted.
There were no proponents or opponents to speak.
A motion to close the hearing was made by Mrs. Carey, seconded by Mr. Jovin and carried
unanimously.
c. Special Permit Application of John Chojnicki for an Assisted Living Facility at Lot 15,
Block 141, Wilbur Cross Highway.
Mr. Miller requested this hearing be postponed, as the site had not been properly posted with a
notice of hearing.
There was no one in the audience who wished to speak.
A motion to table this item was made by Mr. Edelson, seconded by Mrs. Carey and carried
unanimously.
298
Proposed Amendment to the Berlin Zoning Regulations to regulate Wireless
Communications Facilities.
Mr. Miller presented the application, stating the regulations provide more guidelines in the use of
commission discretion. He stated the proposed regulations have been reviewed by Corporation
Counsel and regional agencies and that any issues above the purview oftbe Planning and Zoning
Commission will go to the State siting commission.
Mr. Lawrence Buck, 262 Winthrop Street, New Britain, stated his opinion that the following
should be included in the regulation: The exemption of amateur radios and the inclusion of
engineering inspections of towers.
Mr, Miller stated the proposed regulations have been reviewed by Town Counsel and he would
defer to his opinion. He further stated the current regulations to be more restrictive.
Mr. James Ripper, Esq., spoke in support of the regulations, stating they were well drafted and
his support for Town Counsel's opinion.
Mr. James Tighe, 605 North Stantack Road, Middletown, stated his opinion that an attorney who
is a telecommunications expert should be contacted before the commission votes on the proposed
regulations.
There were no other opponents or proponents.
A motion to close the heating was made by Mrs. Carey, seconded by Mr. $ovin and carried
unanimously.
IlL Old Business
Special Permit Application of Germano Fence Company for a retail facility for building
materials, (fences), at Lot 13, Block 141, Wilbur Cross Highway (Continued from
September 25, 1997)
A motion to table discussion of this item was made by Mr. Egazarian, seconded by Mr. Weiss
and carried unanimously.
b. Proposed Final Subdivision of Thomas Coecomo for two residential lots at Lot 16,
Block 1 lg, Tollgate Road and Norton Lane
Mr. Miller advised the commission that revised plans are forthcoming.
A motion to table this item was made by Mr. Edelson, seconded by Mrs. Carey and carried
unanimously.
c. Special Permit Application of 1ohn Chojnieki for an Assisted Living Facility at Lot 15,
Block 141, Wilbur Cross Highway.
A motion to table discussion of this item was made by Mr. Edelson, seconded by Mr. Weiss and
carried unanimously.
d. Proposed Amendment to the Berlin Zoning Regulations to regulate Wireless
Communications Facilities
Mr. Zigmont stated the regulations had been based on guidelines composed by expeas of the
regional agencies and had been reviewed by Town Counsel. Mr. Jovin stated he wished to
further discuss the proposal with a communication expert and motioned to table the item.
Mr. Egazarian seconded the motion.
Voting in favor of the motion: Carey, Edelson, Egazarian and Jovin.
Voting in opposition: Zigmont
Abstention: Weiss
Site Plan Application of Earl H. Wicklund for a 6,000 sq. fl. retail/commercial building at
Lot 23, Block 84, Farmington Avenue
Mr. Miller stated the Inland Wetlands and Water Courses Commission has yet to give its
approval to this application. A motion to table discussion of this item was made by Mr. Edelson,
seconded by Mrs. Carey and carried unanimously.
IV New Business
a. Request of Lucas and Lynn Adler for amendment to Subdivision Plan and waiver of
subdivision regulations, 1 ! Somerset Drive (Spruce Glen Subdivision)
Mr. Miller stated that Mr. and Mas. Adler live in a subdivision which was developed in the
1970's and has underground utility lines, although not placed in a conduit. He stated Mr. Adler,
whose home occupation which utilizes a computer system, is having difficulty using the present
lines.
Mr. Lueas Adler, 11 Somerset Drive, further explained that his home is located at the end of a 3
mile limit for copper wire; the installed phone system was done with an inexpensive method in
which a trench was dug in which the wires were placed. He stated his phone service to be poor
and that Southern New England Telephone Co. has refused to install new copper wire and
suggested instead that a telephone pole be installed.
He stated without the improved service, he would be unable to work out of his home.
Mr. Adler further stated if the pole were to be approve for installation, it would be camouflaged
by existing 40' trees and a 20' vegetated right of way.
Mr. Miller stated although the pole would be placed on Spruce Brook Road, a development
which has above ground utilities, his concern is the precedent it may establish. He suggested that
if the commission voted to approve the request, the uniqueness of the situation be stated.
A motion to approve Mr. and Mrs. Adler's request was made by Mr. Edelson, seconded by Mr.
Jovin and carried unanimously. The reasons for this approval are:
a) This is a comer lot and the pole will be installed on a road where there are
existing overhead utilities (Spruce Brook Road).
b) There will be minimal aesthetic impact because of the existing vegetation.
A brief break was called. The meeting adjourned at 8:35 p.m. and resumed at 8:45 p.m. with the
same commissioners in attendance.
A morion to consider the next item out of sequence of the agenda was made by Mr. Edelson,
seconded by Mr. Weiss and carried unanimously:
VI Requests far Bond Reductions/Releases
c. Request for releasc of maintenance bond, Westview Acres subdivision,
Sections !-5, Howard Asal.
At~er discussion, a motion to grant the request for bond release was made by Mr. Weiss,
seconded by Mr. Egazarian and carried unanimously. This approval is conditioned upon the
following:
a. Subject to the completion of all concerns of the Town Engineer.
Fill Permit Application of The Mattabassett District to fill 4,300 c.y. average per year,
6 acres of ash at Lot 2, Block 75A, north of Route 9
A motion to table discussion of this item was made by Mr. Edelson, seconded by Mr. Weiss and
carried unanimously.
Excavation Application of Norman H. Munson and Donald L. Munson to excavate +/-
5,000 c.y. of materials, +/-6.0 acres, at Lots 11 and I ID, Block 71, Norton Road.
(Schedule for Public Hearing)
At the request of the applicant, a motion to schedule this item for public hearing on November
13, 1997 was made by Mr. Edelson, seconded by Mrs. Carey and carded unanimously.
;3O0
V Other Business
a. Discussion of Five Year Capital Plan
After discussion, a motion to table this item was made by Mrs. Carey, seconded by Mr. Jovin and
carried unanimously.
Vi Requests for Bond Reductions/Releases
a. Request for bond reduction, Stillmeadow Lane Subdivision, Rocky Hill Enterprises.
A motion to table this item was made by Mr. Edelson, seconded by Mrs. Carey and carried
unammously.
b. Request of Patrick DiPinto III for a bond release, Four Rod Road subdivision.
A motion to table this item was made by Mr. Weiss, seconded by Mr. Jovin and carried
unanimously.
Vll Payment of Invoice~
There were no invoices requiring the approval of the commission.
VIII Communications
Mr. Miller stated a ~xluest from Michael Ciammella had been received for permission to
stockpile fill on a site on Orchard Road. The fill is used for final improvement of various
subdivision and site plans and is a "low key" operation which has been ongoing for years.
Mr. Weiss suggested that in the future, applications to the Zoning Board of Appeals may be
appropriate and requested staff to investigate. There was a general consensus to review this
policy.
IX Signing of Documents
There were no documents requiring commissioners' signatures.
X Review of Minutes
a. Minutes of the Regular Meeting of September 25, i 997
After review, a motion to accept the minutes as amended was made by Mr. Weiss, seconded by
Mr. Egazarian and carried unanimously.
A motion to adjourn was made by Mrs. Carey, seconded by Mr. Jovin and carried unanimously.
The meeting adjounred at 9:45 p.m.
Res/p)ectfully submitted,
.~.~Jq6n'Carey, Secret,
FF~ees M./S~(mno~ki, Recording Secretar~