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1998/05/28352 X Payment of Invoices There were none. XI Signing of Documents The commission signed the mylar for Section III of the Fox Hill Subdivision, Developer Louis Valentine. XII Review of Minutes April 23, 1998 Regular Meeting - A motion to accept the minutes of this meeting as amended was made by Mr. Jovin, seconded by Mr. Weiss and carried unanimously. May 7, 1998 Special Meeting. No action taken. Executive Session a. Discussion of pending litigation There was no discussion. A motion to adjourn was made by Mr. Edelson' seconded by Mrs. Jorsey and carried unanimously. The meeting adjourned at 10:20 p.m. Respecffutly submitted, jane D. $orsey, Secretary Chairwoman Joan Carey called the May 28, 1998 Regular Meeting of the Planning and Zoning Commission to order at 7:10 p.m. in the Town Council Chambers, 240 Kensington Road with the following in attendance: Commissioners Ronald Edelson' Diane Jorsey, Kenneth Jovin, Sttm)1 Topliff, and Robert Weiss; and Alternate Commissioner Edward Egazarian (seated). Director of Development Services Brian Miller; Planning Intern Stephen Harris Absent: Alternate Commissioners Robert Holmes and Dr. Martin Harwin; Commissioner Timothy Zigmont. I Audience of Citizens Mr. Leonard Zielinski, Vice-Chairman' Park and Recreation Commissioner, deferred his comments to the public hearing regarding signage for Little League Fields. Scheduling of Public Hearings a. Final Subdivision Application of Theodore S. and Helen M. Hrubiec for two residential lots at Lot 3.A, Block 15, Southington Road. A motion to schedule this item for public hearing on June 25, 1998 was made by Mr. Weiss, seconded by Mrs. Jorsey and carded unanimously. A motion to next consider the following agenda item was made by Mr. Weiss, seconded by ~ ~;ff Mr. Egazarian, and carried unanimously: ~ ~? IV. New Business ~ ~...~ ,i C. Discussion' ' of Routes 5/15 Corridor Study ~'~d, ~ ~=!~; Mr. Egazarian and Mr. Edelson relinquished their seats for this item. Sherry Rickland, Capitol Region Council of Governments briefly reviewed the four proposed alternatives for traffic development of Routes 5 & 15 which had been previously presented to the Commission at its last meeting. After discussion, a motion to recommend the "wide median with direct left turns" proposal to the Town Council for inclusion in the regional plan was made by Mrs. Jorsey, seconded by Mr. Weiss and carried unanimously. This recommendation was conditioned upon: (a) Northeast Utilities cables to be located underground. III Public Hearings Mrs. Jorsey read the Call of the Hearing. Excavation Permit Application of Thomas C. Maier for the excavation of +I0,000 c.y,, + 3 acres of materials, at Lot 5, Block 15, Southington Road. k ;~ Mm. Jora~v relin~,fiahed bm' ~at~ I ~ : i;~j Mr. Bart Bovee, P.E., MBA Engineering, presented the application. Both Mr. John Maler and Mr. Thomas Maier were present, stating that the operation has been ongoing since 1921. A motion to close the hearing was made by Mr. Egazarian, seconded by Mr. Jovin and carded unanimously. Mrs. Jorsey was reseated. ~53 bo Special Permit Application of Samson Matson and Jeffrey Matson for a retail facility and pharmacy with a drive-through at Lot 3, Block 80, Farmington Avenue. The following spoke: Mr. Daniel Silver, Esq., represented the applicant. He stated the current business has been located at the site since 1972; staffconeems had been addressed; beth Jeffrey Matson and Beverly Matson were present to respond to any questions. Edward Kopowski, architect for the project, reviewed the plan. Mr. Edelson questioned property lines and proposed drainage concerning the adjacent fire house. Mr. Bovec and Mr. Kopowski addressed proposed grading and swale construction on the property. Attorney Silver stated his opinion that both the title search and A-2 survey reflect the same information. Mr. Miller stated any property dispute is a civil matter and not in the purview of the Planning and Zoning Commission. He also stated the Town Engineer's concerns had been addressed. A motion to close the hearing was made by Mr. Weiss. The motion was seconded by Mrs. Jorsey which carried unanimously. c. Proposed Amendments to the Zoning Regulations: Earth Materials: Add to Section liB Definitions; Amend Section X.C.3.b; Repeal Section X.C.3.c. Residential Driveways: Amend Section IV.17.e.; Amend Section IX.B.8. " Sirras in Recreatior~l Facilities: Amend Section IX.6.C.; Amend Section IX.S.C. Mr. Miller presented the proposed amendments. Mr. Leonard Zielinski, Vice-Chairman of the Park and Recreation Commission, stated support of the proposal. He stated the signs advertising local businesses are a major fund~' raiser for the Little League and further stated it is the intention of his Commission not to permit these signs at Sage Park, due to previous maintenance difficulties. A motion to close the hearing was made by Mr. Weiss, seconded by Mrs. Jorsey and carded unanimously. IV Old Business Excavation Permit Application of Thomas C. Maier for the excavation of +10,000 c.y., + 3 acres of materials, at Lot 5, Block 15, Southington Road. After discussion, a motion to approve the above application with the following conditions was made by Mr. Edelson, seconded by Mr. Weiss and carried unanimously. The conditions of approval are: 1. Adherence to of the Berlin Zoning Regulations ,and any other applicable zoning requirement. 2. Rctainage of a $7,500 bond. 3. Soil erosion and sediment conUol measures to be maintained as approved by the Town Engineer. 4. Hours of operation to be limited to between 7:00 A.M. and 5:00 P.M., Monday through Friday, excluding legal holidays, Saturdays and Sundays. 5. Traffic control be maintained as approved by the Berlin Police Department. 6. Truck bodies to be covered. 7. All slopes to be kept to 2:1 during and after operation. 8. All refueling of vehicles to take place in front of the garage as shown on the plan. 9. Removal of all unregistered motor vehicles, empty fuel tanks and construction equipment and materials not directly connected with this excavation operation. 11. Immediate submittal of an aerial photograph and submittal of an A-2 survey within 30 days. 12. This approval will expire on May 28, 2000. 354 b. Special Permit Application of Samson Matson and Jeffrey Matson for a retail facility and pharmacy with a drive-through at Lot 3, Block 80, Farmington Avenue. After discussion, a motion to approve the above application was made by Mr. Weiss, seconded by Mr. Topliff and earriad unanimously. This approval is conditioned upon the following: (a) An easement to be granted for the construction of a sidewalk. Co) Submittal of a performance bond. d. Proposed Amendments to the Zoning Regulations: Earth Materials: Add to Section IIB Definitions; Amend Section X.C.3.b; Repeal Section X.C.3.c. ~esidential Driveways: Amend Section IV.17.e.; Amend Section IX.B.8. Si_mas in Recreational Facilities: Amend Section IX.6.C.; Amend Section IX.5.C. After discussion, a motion to approve the proposed regulations as follows was made by Mr. Edelson, seconded by Mr. Jovin and carried unanimously. The effective date of these amendmerits will be June 6, 1998. (copy attached) Mx. Weiss made a motion, which was seconded by Mrs. Jomey and carried unanimously, to consider the following two agenda items in the following order: IV Old Business f. Application for Final Subdivision Approval for Arbor Commons, Lot 4, Block 73, Kensington Road. It was the consensus of the Commission that Mr. Wisniowski speak on behalf of his appllcatinn. Mr. Wisuiowski stated the subdivision is well pl ,agned, addressing environmental impacts, wetlands, and traffic. Mrs. Carey stated state statutes require that subdivision documents be filed in a timely fashion and her opposition to voting on a plan that is five years old. There was discussion as to when the time requirement of filing an subdivision mylar wit~'~ ........ 90 days of its approval began for this apphcaUon, as the subdiwsmn had never received approval nor had a bond been calculated and'submitted. Several commissioners expresse~, concern to voting on a project which they had never reviewed. Mr. Wisniowski stated his opinion that the commission must comply with the court order to approve his subdivision, as well as the Town Counsel's recommendation that the commission should approve the subdivision in accordance with the order. Mrs. Carey stated there was a need to obtain another legal opinion from an attorney who specializes in land use. Mr. Weiss made a motion for Final Subdivision Approval for Arbor Commons, Lot 4, Block 73, Kensington Road. The motion was seconded by Mr. Edelson and carded by a vote of 4 in favor to 2 opposed; 1 abstaining vote. In favor: Commissioners Edelson, Egazarian, Jovin, and Weiss; In opposition: Commissioners Carey and Jorsey; Abstention: Commissioner Topliff. IV Old Business e. Application for Amendment to Subdivision Application, Joseph and Stanley Wisniowski, for two residential lots at Lots 4-3, 44, Block 73, Kensington Road, Arbor Commons Mr. Bart Bovee, MBA Engineering, reviewed the plan for the two lots, describing the ~ ' terracing which would need to be done on the steep terrain. After discussion, a motion to approve the above subdivision with conditions was made by Mr. Edelson, seconded by Mr. Weiss and carded by a vote of six to one. In favor: Edelson, Egazarian, Jorsey, Jovin, Topliff, and Weiss. In opposition: Commissioner Carey. Mrs. Carey stated she voted in opposition as she is not in favor of slopes above the permitted 15% grade. The conditions of approval are: (a) A bond be submitted for walls and fencing [] (b) A note be placed on the recorded mylar and deed that the wall and fence are to be maintained by the homeowner. IV Old Business (Continued) g. Discussion of Lot 7-7, Castlewood Drive, Castlewood Estates Subdivision Developer Patrick DiPinto reviewed a proposed revision to the site plan. Al~er review and discussion, a motion to approve the proposal of tree plantings with the condition that the trees' plantings be done with an increase of spreading was made by Mrs. Jorsey, seconded by Mr. Edelson and carried six to one. Voting in favor: CommisSioners Edelson, Egazzrian, Jorsey, Jovin, Topliff, and Weiss. Voting in opposition: Commissioner Carey. V New Busines~ a. Site Plan Amendment Application of Trilacon Development Corp., Lot 4, Block 142, 41 Walden Court. Mr. George LaCava presented the application for a setback waiver. After discussion, a motion to approve this application was made by Mr. Egazarian, seconded by Mr. Weiss and carried unanimously. b. Site Plan Amendment Application of Jon Leafy, Lot 9-14, Block 71, Stillmeadow Drive, The Meadows at North Brook Subdivision. Mr. Leafy stated he is in the process of purchasing this property and is requesting the slope of the land to be changed. Mr. Bart Bovee, MBA Engineering, stated the proposed change will still maintain a 2:1 ~lope and be stabilized with grass. A motion to approve this application was made by Mrs. Jorsey, seconded by Mr. Weiss and carried unanimously. VI Other Business VII Requests for Bond Reductions/Releases a. Request of Earl Wicklund for bond releases, Sections 5, 6, 6A, Vineyard Acres subdivision After discussion, a motion to grant this request was made by Mr. Edelson, seconded by Mr. Jovin and carried unanimously. b. Request of Earl Wicldund for bond reduction, Section 7, Vineyard Acres SUbdivision After discussion, a motion to reduce this bond to $98,000 was made by Mr. Edelson, seconded by Mr. Jovin and carried unanLmously. c. Request of TCI Cablevision of Central Connecticut for a bond release, New Park Drive. A~er discussion, a motion to grant this request was made by Mr. Jovin, seconded by Mr. Edelson and carried unanimously. d. Request of David Borselle, DAPA Enterprises, LLC, Orange Blossom Day Care, 1456 Wilbur Cross Highway. After discussion, a motion to reduce the bond to $200 was made by Mr. Weiss, seconded by Mr. Edelson and carried unanimously. VIH Commissioners Comments There were no further comments. IX' 'Communications There were no further communicatious. X Payment of Invoices No invoices requiring approval of the commission were presented. XI Signing of Documents. There were no documents requiring the commissioners' signatures. XII Review of Minutes May 7, 1998 Special Meeting: Motion to approve was made by Mrs. Jorsey, seconded by Mr. Weiss and carried unanimously. May 14, 1998 Special Meeting: Motion to approve was made by Mr. Weiss, seconded by Mrs. Jorsey and carried unanimously. May 28, 1998 Regular Meeting: Motion to approve was made by Mr. Weiss, seconded by Mrs. Jorsey and carded unanimously. 356 XIII Executive Session a. Discussion of pending litigation There was no discussion. A motion to adjourn was made by Mr. Egazarian, seoonded by Mr. $ovin and carried unanimously. The meeting adjourned at 10:55 p.m. Respectfully submitted, ~... Dj/ane~ D. $orsey, Secreta~ /F~pinces M. ~emoski, Recording Se tary Date of Adoption: Effective Date: Amendments to Berlin Zoning Regulatious Note: Dele*dom struck through, additions in bold May 28, 1998 June 6, 1998 H IH Filling of Earth Materials A. Add the following to Section llB. Definitions Clean Fill - Natural soil, rock, brick, ceramics, concrete and asphalt paving fragments which are virtually inert mad pose neither a pollution threat to ground or surface waters, nor a fire hazard. B. Amend Section X.C.3. by replacing X.C.3.b. with the following: b. Only clean ~l shall be used for filling. C. Repeal Section X.C.3.¢. Residential Driveways A. Amend Section IVA. 17.e. (first sentence) as follows: e. Access driveways in residential zones shall be paved a ~.z.~zz zf 19~ fc,~ ~',~ *..h.: r,~:~ "~,~-e *-: ;':~:k a::::.7, i: 7~,a--~a. where the grade exceeds 5% and erosion and or other disturbance is likely to result if pavement is not used. Access driveways in residential zones shall -,~?C)-~ ~ ~ also be paved where they are in proximity to an existing or proposed '~ ~:~ c.. c~ dwelling on another parcel where there is a possibility of disturbance ! ~Z ~o. ~' fi.om dust or mud in the opinion of the commission. ~. 3~:Z~-"' co cvs° Amend Sectaon IX~.8. by adding the follovang. ~ .~ · 2~ '~ f. Driveways shall be paved where the grade exceeds 5% and erosion an~ ~r ot~er .~. ~ disturbance as likely to result if pavement ~s not used. Access driveways m lmi~i~lential ro ~ zones shall also be paved where they are in proximity to an exisOng or proposed dwelling on another parcel where there is a possibility of disturbance fi.om dust or mud in the opinion of the Commission. . Signs In Recreational Facilities · Amend Section IXA.6.c. by adding the following: (6) Signs for the adverOzement of goods and services at a facility for spectator sports, such as baseball, softball, football or soccer, provided that the facility is a non- commercial facility, and the signs are intended for viewing only by the spectators within the facility, and Willow Brook Park. Amend Section IX.A.5.c. es follows: c. Billboards, except as otherwise permitted by Section DL6.c.(6). d. Signs permanently painted, posted, or otherwise attached to any rock, fence, tree, motor vehicle, or utility pole, except as otherwise permitted by Section IX.A.6.c.(6).