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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. 2 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 3 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 4 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. 5 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. 6 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. 7 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 8