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1999/12/16December 16, 1999 Special Meeting - Planning & Zoning Commission Call to Order The December 16, 1999 Special Meeting of the Berlin Planning and Zoning Commission was called to order at 7:00 p.m. in the Town Council Chambers with the following in attendance: Chairwoman Joan Carey Commissioners Ronald Edelson, Diane Jorsey, Robert Weiss, and Timothy Zigmont Alternate Commissioner Mark Kaczynski Mr. Brian Miller, AICP, Director of Development Services Mr. Kaczynski was seated. Mr. Boatman was excused fsom this meeting. I Audience of Citizens Harry McPhee, 41 Hall Lane, spoke in opposition to the bond reduction requ~}ed:l~y Mr. Ben DeJohn, Rocky Hill Enterprises for its Robbins Road, due to exi~i:,e~di~ior~ on the site. II Scheduling of Public Bearings a. Amendment to Special Permit, Islamic Association of Greater Hartford, Inc. Lot 11, Block 141, 1781 Wilbur Cross Highway Mrs. Jorsey motioned to schedule this item for public hearing on January 27, 2000. The motion was seconded by Mr. Weiss and carded unanimously. III Public Hearings a. Special Permit of SPRINT PCS for installation of a telecommunications tower and related equipment at Lot 17, Block 15, 1684 Chamberlain Highway, Route 71 (Continued) Thomas Regan, Esq. presented the application. He entered a memo and a revised plan. A rePresentative from Vanasse Hangen Bustlin, Inc., OS Services, gave a report describing the visibility of the tower. Mr. Weiss motioned to close the hearing. The motion was seconded by Mrs. Jorsey and carried unanimously. IV Old Business a. Special Permit/Site Plan Applications of SPRINT PCS for installation of a telecommunication~s tower and related equipment at Lot 17, Block 15, 1684 Chamberlain Highway, Route 71 After discussion, a motion to approve the application with the following condition was made by Mr. Edelson: A. Additional tree plantings The amendment was amended to also include the following condition: B. Agreement to be drawn up with the Town to use the tower as needed Mr. Zigmont seconded the motion. The motion failed (three to three). Voting in favor: Commissioners Edelson, Weiss, and Zigmont; Voting in opposition: Commissioners Carey, Jorsey, and Kaczynski V New Business a. Site Plan of Berlin Commerce Park Associates, for a neW building, Lot34, Block 133, Clark Drive, East Berlin Bart Bovee, PE, MBA Engineering presented the application for a fourth unit to be built on the site. Mr. Miller stated the Town Engineer has suggested a re-alignment of the driveway that is shown on the plan. Mr. Bovee said the plan will be revised to reflect that comment. Mr. Miller stated tb2s plan allows for previously waived required landscaping of the parking lot. After discussion, a motion to approve this plan with the following conditions was made by Mr. Zigmont. Those condition are: a. The plan to be revised to the satisfaction of staff comments, I including those relating to lighting, landscaping, parking calculations, and re-realignment of the driveway. b. A bond to be posted. The motion was seconded by Mr. Edelson and carried unanimously. 483 b. Site Plan Amendment of Crystal Motors II LLC, at Lots 2B! and 22C, Block 83CC, Saturn of Berlin, 24 Frontage Road Mr. Richard Greenalch, PE, presented the plan. Thc grade is proposed to be lowered up to one foot; display pads for automobiles are changed; dumpster pad is increased in width; a chain link fence with slats to enclose the dumpster rather than stockade fence is proposed; some preferred substitutions of species for the landscaping and redistribution will be done; light poles have been relocated; utilities and an approved sewer location are shown on the plan. After discussion, a motion to approve this application as shown on the as-built was made By Mr. 7,im,nont. The motion was seconded by Mr. Kaczynski and carried unanimously. Site Plan of PDC-EI Paso Meriden LLC for a utility substation, at various lots on Chamberlain Ilighway, Orchard Road, and Norton Lane Mrs. Carey relinquished her seat. Mr. Zigmont acted as Chair. Representing the applicant, Ken Roberts, Jr., gave a brief overview of the project. Mr. Miller stated a Special Permit had been granted by the Zoning Board of Appeals. Mr. Edelson motioned to approve with the following condition: a. Bond to be set by staff. The motion was seconded by Mr. Kaczynski and carried unanimously. Mr. Weiss motioned to move agenda items VIIb., VII e. and Vllf. for consideration: VII b. Request for Bond Reduction, Richard It. Pentore, Esq., Arbor Commons Subdivision A motion to approve the request to $293,382 was made by Mr. Weiss, seconded by Mr. Kaczynski. Mr. Zigmont noted documentation stating DEP and Berlin Zoning Regulations violations and stated his opposition to the bond reduction until the State DEP has been contacted and the issues reviewed. Mr. Miller stated Mr. Wisniowski has been cooperating in the resolution of local zoning violations and is currently is in compliance. Mr. Wisniowski explained the project's completed work. The motion carried five to one. Voting in favor: Carey, Edelson, Kaczynski, Jorsey, Weiss; Voting in opposition: Zigmont Mr. Zigrnont relinquished his seat for the following two agenda items (e. and f.): e. Declaration of Seventh Phase of Silver Ridge Residential Development, Donald Klepacki, Laudon Associates In accordance with one of the requirements of subsequent approval, Mr. Bart Bovee, PE, MBA Engineering, presented the application. No action was necessary. f. Amendment to Site Plan, Silver Ridge Residential Development, Donald Klepacki, Laudon Associates Mr. Bart Bovee, PE, MBA Engineering reviewed revisions to the site. Mr. Miller stated the Fire Marshal comments will need to be obtained. Mr. Bovee stated a landscaping will be submitted for the next meeting. A motion to table the application was made by Mr. Kaczynski, seconded by Mr. Edelson and carried unanimously. Mr. Zigmom was reseated. VI Other Business a. Discussion of FY 2000-2001 Budget Mr. Miller reviewed the budget. b. Discussion of Plan of Conservation Development Update Mr. Miller stated establishment of an advisory committee will be proposed. c. 2000 Meeting Schedule A motion to approve the calendar was made by Mr. Edelson, seconded by Mrs. Jorsey and carried unanimously. Mr. Kaczynski relinquished his seat for the next two items (Vid. and VIis.). d. Clarification of waiver of requirement for Street Trees, Kings Ridge Subdivision, Castlewood Drive Mr. Miller stated the street trees were waived to maintain natural vegetation; in those case, streets trees would be waived; on those lots with no natural vegetation, street trees will be required. A motion to require trees as required by regulations was made by Mr. Edelson, seconded by Mr. Zigmont and carried unanimously. VII Requests for Bond Releases/Reductions a. Request for Bond Reduction, Castle Estates Development LLC, Castlewood Drive Mr. Miller stated a minimum retainage to $73,750 will be held for remaining lot pinning, street trees, sidewalk work, and conservation easement monuments. A motion to approve the request for a bond reduction to that amount was made by Mr. Edelson and was seconded by Mr. Weiss. Discussion ~r. Zigm'~nt stated ali work for the development should be completed prior to a bond reduction because of the difficulties encountered during the development of this subdivision. The motion and second were withdrawn. Mx. Zigrnont motioned to reduce the bond to $100,000. Mr. Weiss seconded the motion. The motion carried unanimously. Mr. Kaczynski was reseated. c. Request for Bond Reduction, Eugene De John, Rocky Hill Enterprises, Hall Lane Subdivision Mr. Miller stated a report from engineering staff is pending. Mr. Weiss motioned to table this date. The motion was seconded by Mrs. Jorsey. d. Request for Bond Release, Berlin Commerce Park Associates, Clark Drive Mr. Miller stated staff review is pending. Mrs. lorsey motioned to table this item. Mr. Weiss seconded the motion which carried unanimously. VIII Commissioners' Comments 4~ Comments included thc following: Mr. Edelson stated Home Depot stated stacking of stock was done during its recent tent sale, using an additional 5 parking spaces than requested. Mr. Zigmont noted there is potential violation of wetlands at the Colossal on Cbxistian Lane. Mr. Edelson slated cul de sac regulations should be studied. IX Communications There were various items in the meeting package. Fayment of Invoi~ Wether Run Subdivision: A payment of payment of $12,094.09 for Brownstone Road to Tilcon. A motion tO approve payment was made by Mr. Edelson and seconded by Mrs. Jorsey. The motion carried unanimously. XI Signing of Documents There were none. XII Review of Minutes a) August 26, 1999 Regular Meeting Mr. Weiss motioned to approve; second by Mrs. Jorscy. Motion carried. b) September 9, 1999 Regular Meeting Mr. Edelson motioned to approve; second by Mr. Zigmont. Motion carried. Mr. Edelson motioned to approve; second by Mr. Kaezynski. Motion carried. d) e) October 12, 1999 Special Meeting Mr. Edelson motioned to approve; seCond by Mrs. Jorsey Motion carried. October 14, 1999 Regular Meeting Mrs. Jorsey stated her suggestion for plantings for the the Batting Cages site was for mixed evergreens. Co~ection noted. Mr. Edelson motioned to approve; second by Mrs. Jorsey Motion carried October 26, 1999 Special Meeting Correction to October 26~h date. Mr. Edelson motioned to approve; second by Mrs. Jorsey Motion carried g) October 28, 1999 Regular Meeting Mr. Weiss motioned to approve; second by Mr. Edelson Motion carried. h) i) J) November 6, 1999 Special Meeting {No action taken) November 18, 1999 Regular Meeting Correction: Page 9, letter H, last paragraph; Names of the vot~ a~_:~:~ Incorrect. Mr. Weiss motioned to strike those names. The vote Was four to three. Mr. Weiss motioned to approve as amended; second Jorsey :-, Motion carried. ~ ', December 9, 1999 Regular Meeting {No action taken) Mr. Beatman was excused from this meeting. Adioumment A motion to adjourn was made by Mr. Weiss, seconded by Mrs. Jorsey and carried unanimously. The time of adjournment was 10:08 p.m.