2017-03-23
Berlin Planning and Zoning Commission
Regular Meeting Minutes – March 23, 2017
I Call to Order
The Berlin Planning and Zoning Commission held a Regular Meeting on March 23, 2017 in the
Town Council Chambers, Berlin Town Hall, 240 Kensington Road. The meeting was called to
order at 7:00 p.m.
In attendance
Chairman Bruce Moore
Commissioners Curtis Holtman, Kevin Murphy, Diane Jorsey, Joan Veley, Steve Wollman
Alternate Commissioner Alex Giannone
Director of Development Services Hellyn Riggins
Excused
Commissioner Brad Parsons
Alternate Commissioners Lyle Menard, Jon-Michael O’Brien,
II COMMISSION BUSINESS
Commissioner Wollman recused himself from IIa. and IIb.
a. Discuss status of pending claims related to the subdivision approval for
57 Southington Road/Subdivision known as Christopher Way and possible action
relating to same
Town Attorney Jennifer Coppola stated a site inspection had been done by Director Riggins, Mr.
Marc Cassler, GeoQuest, Town Engineer/Interim Town Manager Jack Healy, and Ms. Barbara
Gigliotti, Central Connecticut Health District. Mr. Cassler has submitted a progress report.
Mr. Marc Cassler, President of Geoquest, Bloomfield, CT, stated current conditions of the site
were discussed at the on-site meeting. A GeoQuest engineer had mapped all of the piles. The
plan is to implement the soil management plan as written. The piles will be redistributed,
rototilled and samples taken. Activities have begun with Lot 5 and Lot 2. All of the soil on
Lot 5 has been preliminary mixed and spread and will be rototilled and sampled. Work has also
begun on Lot 2 which is in the process of being re-leveled. Lot 5 is level. He stated the work
could be done in a few weeks. It took three days to level and mix one lot. Once a pattern is set,
the work will progress faster.
Berlin Planning and Zoning Commission Meeting Minutes – March 23, 2017
Attorney Coppola stated she had reviewed the report. She stated, for the record, in terms of
construction debris, the piles will be removed and disposed of as legally required, and an LEP
will monitor and document the work.
Mr. Cassler stated information of the activities on site will be provided.
Attorney Coppola asked how many piles are present on Lot 2, noting the report was unclear.
Mr. Cassler stated the report may be misleading. Some piles are small. There are six piles
which, including the small piles, will be dealt with.
Attorney Coppola stated the drawing is not representative, and the report alluded to more.
Mr. Cassler responded based on the scale of the drawing, some piles are small; however, all will
be dealt with.
Attorney Coppola stated only three of the piles had been sampled.
Mr. Cassler responded that is correct.
Attorney Coppola asked if the all the testing results for Lot 2 have been submitted. The table in
the report lists only nine sample identifications.
Mr. Cassler responded he would verify the results, but he didn’t believe there is additional
information. He stated that may not matter as the soil will be resampled and dealt with as a
whole.
Attorney Coppola stated with regard to the grid pattern, the report states samples taken will be
four per acre.
Mr. Cassler responded that was correct.
Attorney Coppola stated with sampling done lot by lot, a two acre parcel could expect eight
samples.
Mr. Cassler stated there will most likely be more than eight. GeoQuest has started working on a
grid pattern for each lot. The smallest number is ten per lot which is slightly higher than what is
stipulated in the plan.
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Berlin Planning and Zoning Commission Meeting Minutes – March 23, 2017
Attorney Coppola stated notes in the report indicated that a SPLP Analysis (Synthetic
Precipitation Leaching Procedure Analysis) had been conducted for four for Lot 2. She asked
why that had been done.
Mr. Cassler responded he was unsure why the test had been done, as it is not part of the plan.
He stated it is used as an indicator of how much contaminant could leach out through time. He
stated the numbers are extremely small and not an issue.
Attorney Coppola asked if there is any construction debris on Lot 5.
Mr. Cassler responded there is no debris, only “neat and orderly” stockpiles of board.
Attorney Coppola asked if the conservation easement area is still intact.
Mr. Cassler responded it is “completely intact”.
Attorney Coppola asked if the three stockpiles on Lot 4 contain material removed from the “hot
spot”
Mr. Cassler responded that is correct. He also stated updates regarding the silt fencing and the
conservation easement area will be provided.
b. Consider whether to convene in executive session to discuss the status of pending
claims related to the subdivision approval for 57 Southington Road/Subdivision
known as Christopher Way
The consensus was not to convene in Executive Session.
Commissioner Wollman was re-seated.
c. In accordance with Section 8-24 of the Connecticut General Statutes, review
and recommendation for improvements at Pistol Creek
Director Riggins stated this item is before the Inland Wetlands Commission and will be
continued to the Planning and Zoning Commission’s April 6, 2017 meeting.
d. Façade Application of Concentric Brewery, 817 Farmington Avenue
Mr. Chris Edge, Economic Development Director, Town of Berlin, stated a late Fall 2018
opening is anticipated. The Economic Development Commission has approved 50 percent of the
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Berlin Planning and Zoning Commission Meeting Minutes – March 23, 2017
approximate $92,000 submitted for façade improvements for the site. Improvements include a
patio, side entrance, windows, canopy, and lighting.
Mr. David Peichert, Middletown, Concentric Brewery, stated work, including meeting State
regulations, is progressing and they are close to filing for a building permit.
Commissioner Veley asked why the side entry is not included in the $24,170 estimate for
Window, Door and installation.
Mr. Peichert described the work for the side entry.
Commissioner Wollman moved to approve the Façade Application.
Commissioner Holtman seconded the motion which carried unanimously.
III Review of Minutes
a. March 9, 2017
Commissioner Murphy moved to approve the minutes, as presented.
Commissioner Jorsey seconded the motion which carried unanimously, with one abstention
(Commissioner Veley).
IV New Business
a. Request of Joseph Dornfried, List of 2017 Fairground Events, Berlin Lions
Agricultural Fair, Inc.
Mr. Schmalberger, 101 Ice Pond Lane, president of this year’s Berlin Fair, noted some dates
have changed with weather concerns in mind and anticipating more vendors.
Commissioner Wollman moved to approve the request for the changes.
Commissioner Jorsey seconded the motion which carried unanimously.
b. Special Event Application of Kensington Congregational Church for
“Festival on the Hill Lobster Roll and Strawberry Shortcake Festival”
(and 5K Race), 312 Percival Avenue
A speaker from the church stated the event has been a great success with community support.
Director Riggins agreed the event has been very successful.
Commissioner Veley moved to approve the application, subject to the following:
a. Activities will be coordinated with the Police Department and
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Berlin Planning and Zoning Commission Meeting Minutes – March 23, 2017
Central Connecticut Health District.
Commissioner Holtman seconded the motion which carried unanimously.
The consensus of the commission was to move the following agenda item to be next considered.
e. Site Plan Application of Coccomo Brothers Associates LLC for a warehouse
facility at 166-196 Old Brickyard Lane
Town Attorney Jennifer Coppola stated she had been asked by staff to provide an opinion on
whether to support the site plan application. The lot size does not meet the lot size requirement
of five acres of the Planned Industry zone. Parcels are proposed to be merged 85-1, 84-C, 84D
and 84E to construct a warehouse, a use permitted in the zone. She reviewed the legal
documents related to the lots. She stated the issue, as quoted in the regulations, is “on a lot of
record for which valid adoption of these regulations, or of any amendments thereof if said lot
conformed to the zoning regulations in effect at the time of creation”. The burden of the
applicant is to show that the lots conformed to the regulations in effect. She stated the overall
indication is the lots were pre-existing, non-conforming lots prior to a zone change in 1975.
Attorney Richard Case, Avon, for the applicant, stated a map on file on the Land Records for
approximately 50 years shows they are lots of record. There is a zoning approval for the
extension of Old Brickyard Road with a reference that Berlin Steel will end with a lot on the
north side of Old Brickyard.
Chairman Moore stated this is a threshold issue for which the commission has to make a
determination.
Attorney Coppola stated the focus of the issue is on the language that she read from the
regulations. The commission has to determine if it is satisfied with the records of the town and
can benefit from the use.
Chairman Moore stated both Attorney Coppola and Attorney Case have stated the matter is
acceptable; however, his own opinion is that he is not comfortable with those opinions. He
stated the matter should be before the Zoning Board of Appeals.
Chairman Moore polled the commissioners and the consensus was to rely on the Town
Attorney’s interpretation, as it has done in the past.
Director Riggins stated she would yield to Attorney Coppola’s legal opinion.
The consensus of the commission is to agree with the legal opinion, as presented by
Attorney Coppola.
The agenda item will be next reviewed at the April 6, 2017 meeting.
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Berlin Planning and Zoning Commission Meeting Minutes – March 23, 2017
V Public Hearings
a. Special Permit Use Application of DEF Properties LLC for hydraulic
repair and sales of hydraulic components and sale of snow plow equipment,
65 Willow Brook Drive (Will be continued until April 6, 2017)
Director Riggins stated the applicant has requested that the commission consider this application
at its April 6, 2017 meeting, as the proposal is before the Inland Wetlands and Watercourses
Commission.
b. Special Permit Use Application of CRC Homebuilders LLC for
rock crushing at Lot 1, Block 72, Kensington Road
Chairman Moore read the Call of the Hearing.
Mr. Carl Ciarcia, CRC Builders, 2226 Berlin Turnpike, stated the rocks will be crushed on the
site of his approved subdivision on Kensington Road. He stated he has received Inland Wetland
and WaterCourses Commission approval, as well as excavation and subdivision approvals from
the Planning and Zoning Commission for the site. Crushing the rock on site will allow the work
to be done quicker and quieter. He said the work will be done in accordance with the
regulations, Monday through Friday, 9 a.m. to 4 p.m, and no work will be permitted on Saturday,
Sunday or any Federal holiday. He stated decibel levels for a rock crusher will meet OSHA
standards and are less noise invasive than a beeping horn from a truck. The work has to be done
at least 200 feet from an abutting property line. The closest home is approximately 300 feet
from the line.
Mr. Giuseppe Paonessa, 1161 Kensington Road, stated concerns for the potential road damage
from the weight of the tri-axle trucks on the road. He asked about the time schedule and finish
date. He stated his concern for dust control and asked if the equipment will meet OSHA
standards.
Mr. Thomas, 1363 Kensington Road, stated he owns an adjacent property which he and his wife
purchased three years ago. His concerns are the noise, dust, potential damage to the road,
potential damage from the drilling and blasting to his well and foundation. He asked if the
property has had a Tier Two Environmental Assessment. He stated concerns to the health of his
neighbors.
Director Riggins stated the application before the commission is only for the rock crushing
operation. There are subdivision and excavation approvals in place for this site. She stated
blasting is handled through the Fire Marshal’s office and State requirements will be met. She
stated Mr. Thomas may contact the Fire Marshal to determine if his property qualifies to have a
survey of the foundation and well done before the blasting is done. If not, he may get that done
on his own.
Mr. David Gallo, 1461 Kensington Road, asked how many cubic yards will be excavated.
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Berlin Planning and Zoning Commission Meeting Minutes – March 23, 2017
Director Riggins responded 46,000 cubic yards, in accordance with the Excavation Permit
approval.
Mr. Ciarcia stated the minimum amount of material will be removed. He stated the project has
been in court and has gone through many town meetings in the past ten years. All requirements
have been met. The project has been scrutinized by numerous boards, commissions, and
engineers.
Commissioner Wollman stated he recalls testimony during the adoption of the rock crushing
regulation which stated the regulation would generate about twenty-five percent less truck traffic
and would be safer for the neighborhood.
Mr. Ciarcia stated much of the material will be used on site. Stringent OSHA regulations will be
in place. Thirty-eight gallons of water are required an hour to keep the dust down. The work
will be done as soon as possible. A year is a fair estimate. He noted there is no shortage of
businesses that need crushed rock.
Director Riggins stated all the rock work will be done in Phase I of the project. She stated when
the rock crushing regulation was adopted the least amount of intrusion to the neighbors was
considered.
Mr. Thomas, 1363 Kensington Road, stated potential damage to the roads and the safety factor of
truck traffic.
Mr. Steve McLarty, Park Drive, stated the 38 gallons of water needed for dust control will be
controlled by a worker by the truck. OSHA requirements are in place so the worker cannot be
breathing dust or incur injury from the noise. An 80 foot circle is the OSHA standard. He noted
each truckload can hold 22 tons of rock.
Commissioner Murphy moved to close the hearing.
Commissioner Holtman seconded the motion which carried unanimously.
c. Amend the Zoning Regulations to set regulations for Ground Mounted and
Roof Solar Panels
Commissioner Murphy moved to continue this agenda item to the April 6, 2017 meeting agenda.
Commissioner Wollman seconded the motion which carried unanimously.
d. Proposed Moratorium of public warehousing, storage, self-storage, storage
facilities, warehouse, public warehouse, and mini warehouse
(Public Hearing re-opened at the March 9, 2017 meeting)
Commissioner Murphy moved to continue this agenda item to the April 6, 2017 meeting agenda.
Commissioner Holtman seconded the motion which carried unanimously.
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Berlin Planning and Zoning Commission Meeting Minutes – March 23, 2017
VI Old Business
a. Special Permit Use Application of DEF Properties LLC for hydraulic
repair and sales of hydraulic components and sale of snow plow equipment,
65 Willow Brook Drive
No action taken. Continued to the April 6, 2017 agenda.
b. Special Permit Use Application of CRC Homebuilders LLC for
rock crushing at Lot 1, Block 72, Kensington Road
Commissioner Wollman moved to approve the application.
Commissioner Jorsey seconded the motion which carried unanimously.
c. Amend the Zoning Regulations to set regulations for Ground Mounted and
Roof Solar Panels
No action taken.
d. Proposed Moratorium of public warehousing, storage, self-storage, storage
facilities, warehouse, public warehouse, and mini warehouse
No action taken.
e. Site Plan Application of Coccomo Brothers Associates LLC for a warehouse
facility at 166-196 Old Brickyard Lane
No action taken.
VII Other Commission Business
VIII Director’s Comments
IX Commissioners’ Comments
X Adjournment
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Frances M. Semnoski
Recording Secretary
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