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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. ;361 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. 364 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.