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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~