1998/07/09Chairwoman Joan Carey called the July 9, 1998 Regular Meeting of the Planning and Zoning
Commission to order at 7:01 p.m. in the Town CounciI Chambers, 240 Kensington Road with the
following in attendance:
Commissioners Stuart Topliff, Ronald Edelson, Diane Jorsey, Timothy Zigmont, Robert Weiss
and Kenneth Jovin.
Director of Development Services Brian Miller
Absent: Commissioners Edward Egazarian, Robert Holmes and Dr. Martin Harwin.
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I Audience of Citizens
None.
II Scheduling of Public Hearings
Commissioner Edelson made a motion to schedule a public hearing for July 23, 1998. Seconded
by Commissioner Jovin. All in favor. Motion earried.
IH Public Hearings
]",{'one.
IV Old Businms
None.
V blew Business '
a. Requ~t of Lou~ VMenfine for amendment to app~ved subd~hion, Fox ~
Estate, Se~on 3.
B~ Bov~, Profess~o~ Engm~ of ~A Engining, rep~n~ ~e auuh~t ~er -
· sc~sio~ Co~ssioner ~elson ~e a motion m approve ~e ~en~t. S~nd~ b
Comssioner Jovh. ~1 ~ favor. Motion ~.
bo
Request for amendment to approved subdivision, North Range Woods
Subdivision, Orchard Rood.
Chairwoman Joan Carey relinquished her seat.
Morgan Seelye, Director of Public Works and Town Engineer, is proposing to do some
construction work on the sharp curve at Omhard Road near the Dutkiewicz property.
A minor taking of Mr. Dutldewicz's property was necessary for the construction of this roadway.
Mr. Seelye notes that an agreement has been established. The agreement consists of the
following:
1. Mr. Dutkicwicz is willing to convey the piece for a price
2. Planning and Zoning will give back the 60 foot sixip of land to Mr. Dutkiewicz.
After discussion, Commissioner Edelson made a motion to approve the agreement/amendment.
Seconded by Commissioner Jovin.
Commissioner Edelson withdrew the above motion. Seconded by Commissioner Jovin. All in
favor. Motion carried.
Commissioner Edelson made a moti°n to go to public hearins.
Commissioner Edelson made a motion to approve the agreement/amendment. Seconded by
Commissioner Jovin. Three in favor - Commissioners Edelson, Jorscy and Jovin. Three
opposed - Commissioners Zigmont, Weiss and Topliff. Motion failed.
Commissioner Weiss mede a motion to go to a special public hearing on July 30, 1998.
Seconded by Commissioner Topliff. Four in favor - Commissioners Weiss, Zigmont, Jovin and
Topliff. Two opposed - Commissioners Edclson and Jorsey. Motion carried.
Commissioner Weiss made a motion to have a decision immediately following the public
hearing. Seconded by Commissioner Edcison. Four in favor - Commissioners Weiss, Zigmont,
Jovin and Topliff. Two opposed - Commissioners Edelson and Jorsey. Motion carried.
Commissioner Weiss made a motion to move agenda item VI to the next item. Seconded by
Commissioner Edelson. All in favor. Motion carried.
3Gg
VI Other Business
Review of proposed Orchard Road as to conformance with Plan of
Development in accordance with Section 8-24 of the Connecticut General
Statutes.
Bart Bovee, Professional Engineer of MBA Engineering, notes that the proposed grade of the
road will be at 12 percent.
After discussion and reviewing the plan, Commissioner Topliffmade a motion to eliminate the
need for a public hearing on July 30, 1998. Seconded by Commissioner Jovin. Five in favor -
Commissioners Topliff, Weiss, Jorsey, Jovin and Edelson. One opposed - Commissioner
Zigmont. Motion carried.
After discussion, a motion to recommend approval of the proposed plan, per Section 8-24 of the
Connecticut General Statutes, was made by Commissioner Edelson, seconded by Commissioner
Jossey and carried unanimously.
Commissioner Edelson made a motion to approve the amendment to the North Range Woods
Subdivision, Orchard Road. Seconded by Commissioner Jovin. Five in favor - Commissioners
Edelson, Jovin, Jorsey, Topliff, and Weiss. One opposed - Commissioner Zigmont. Motion
carried.
Chairwoman Carey was reseated.
A five minute recess was called at 8:28 p.m.
Chairwoman Caroy reconvened the meeting at 8:37 p.m.
Site Plan Amendment of Antinozzi Associates, P.C., at Lot 1X, Block 83BB,
Webster Plaza.
It was noted that the property is in a flood plain area and needs wetlands approval which has not
yet been obtained.
Commissioner Jovin made a motion to table the Site Plan Amendment of Antinozzi A~sociates,
c:, P.C., at, Ii~t 1X, Block 83BB, Webster Plaza. Seconded by Commissioner Jorsey. All in favor
~ ,:, ~tio~ed. '
c~ ~o_d.~e Plan Amendment at Lot 51A, Block 142, Desperado's, Gus Gialelis.
~. c~3~.~_~m ~ let stated that he has not received an engmeenng site plan nor has he heard from the
°~ommissioner Edelson made a motion to table the Site Plan Amendment at Lot 5 lA, Block 142,
Desperado's, Gus Oialelis. Seconded by Commissioner Jovin. All in favor. Motion carried.
Site Plan Application of CRP, LLC for a proposed truck weigh scale at Lot
3B, Block 76A, Christian Lane.
Bert Bovee, Professional Engineer of MBA Engineering represents the applicant. The applicant
is proposing a weigh scale to be set toward the right rear of the property. This application has
met wetlands approval.
Commissioner Zigmont noted that the map does not depict all abutting property owners nor does
it depict the entire site plan.
Mr. Bovee noted that the materials are stored and moved on a regular basis.
Commissioner Topliffmade a motion to approve the site plan application of CRP, LLC for a
proposed txuck weigh scale. Seconded by Commissioner Edelson. Five in favor -
Commissioners Topliff, Edelson, Jovin, Jorsey and Weiss. One opposed - Commissioner
Zigmont. Motion carried. This approval is conditioned upon the following: 1. Mr. Bovee
submitting the complete site plan, and 2. the drawing be reworded using the original plan
approved.
Site Plan Amendment of Earl Wicklund, Lot 23, Block 84, Farmington
Avenue.
Commissioner Jorsey relinquished her seat.
Bart Bovee, Professional Engineer of MBA Engineering, represents the applicant. He noted that
the plan is modified and the turn would be at 18 feet wide.
Commissioner Zigmont made a motion to approve this site plan amendment. Seconded by
Commissioner Topliff. All in favor. Motion carried.
Other Business
2. Discussion of letter from Lewis Mirante, L.S., concerning Hrubiec
subdivision, Kensington Road.
Commissioner Jorsey relinquished her seat for this discussion as well.
Lewis Mirante, L.S. of MBA Engineering, represents the applicant. Mr. Mirante noted that 3
items on the plans were approved by the Zoning Board of Appeals thus allowing Mr. Hrubicc to
divide the parcel into two pieces of land.
Commissioner Edelson made a motion to reconsider the motion made last meeting regarding this
discussion. Seconded by Commissioner Jovin. All in favor. Motion carried.
Commissioner Edelson made a motion to approve the above. Seconded by Commissioner Jovin.
All in favor. Morion carried.
Commissioner $orsey was reseated.
VII Requests for Bond Reducrions/Releases
None.
VIH Commissioners Comments
Commissioner Weiss noted that the Park and Recreation Deparanent held an event that was
located at a site that the Town is in litigation with at the present time. Commissioner Weiss does
not feel that this is appropriate practice.
IX Communicarions
The Town Council wants to meet with Planning and Zoning to discuss open space and signage
placement on August 18, 1998 at 6:00 p.m.
It was noted that Attorney Sullivan has not responded in a timely fashion to several requests for
legal advice. A letter to the Town Council will be forthcoming.
X Payment of Invoiees
None were presented.
XI SiLming of Documents
None were presented.
XII Review of Minutes
a) May 28, 1998 Regular Meeting
It was noted that Commissioner Zigmont was excused from this meeting, not absent.
Commissioner Jorsey noted that on the discussion regarding the Route 5 and 15 Corridor - she
stepped down from the discussion and was reseated for the next item on the agenda.
Commissioner Jovin made a motion to approve the minutes of May 28, 1998 as amended.
Seconded by Commissioner Weiss. All in favor. Motion carried.
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b) June 25, 1998 Regular Meeting
Commissioner Jorsey noted that under the audience of citizens it was Chairwoman Carey who
advised Mr. Nelson that the item was in litigation. The motion to call a recess was made by
Commissioner Jorsey and seconded by Commissioner Zigmont.
On page 2 under Public Hearings, it was noted that Commissioner Jorsey stepped down from the
discussion regarding the Hrubiec's discussion.
Under old business, section b., it was noted that the motion Commissioner Zigmont made was
withdrawn and then Commissioner Zigmont made a motion to approve to deny the application.
Under item V d. regarding Desperado's....it states that Commissioner Carey left the meeting at
this time due to a commih'nent. This should be deleted fi.om this section and be placed after item
V g. regarding Silver Ridge.
Commissioner Edelson made a motion to approve the minutes of June 25, 1998 as amended.
Seconded by Commissioner Jorsey. Five in favor. One abstention by Commissioner Weiss.
Motion carried.
XIII Executive Session
ii. Dbeussion of Pending Litigation
Co~ssion~ Jo~y mdc a motion to go into cx~ufive session at 9:58 p.m. for ~e p~se
discms~g c~nt litigation. S~onded by Co~ssion~ Jo~. ~1 ~ favor. Motion
Adjou~ent
Commissioner Weiss made a motion to adjourn the meeting at 10:04 p.m. Seconded by
Commissioner Jovin. All in favor. Motion carried.
Respectfully submitted,
Tina M. DeCmmdi ~
Acting Secretary
Call to Order
The Regular Meeting of the Berlin Planning and Zoning Commission of July 23, 1998 was
called to order at 7:00 p.m. in the Council Chambers, Berlin Town Hall, 240 Kensington
Road with the following in attendance:
Chairwoman Joan Carey
Commissioners Ronald Edelson, Diane Jorsey, Kenneth Jovin, Stuart Topliff,
and Robert Weiss
Alternate Commission Edward Egazarian (seated)
Absent: Alternate Commissioners Robert Holmes and Dr. Martin Harwin
Excused: Commissioner Timothy Zigmont
Brian J. Miller, AICP, Di~ctor of Development Services
I Audience of Citizens
Mr. Michael Nelson, 1801 Wilbur Cross Highway, began speaking and when he referred to
an item currently in litigation, Mrs. Carey stated the commission's policy is to not discuss
any item which is in court. She stated Town Manager Therrien has advised her that a legal
opinion fi.om Town Counsel is forthcoming.
There were no other speakers.