1988/07/06 ubllc hearin s for theRECEIVED FOR' FIL~i'{G
Following p ' ' § excavation permit requests of
Guido DiPierdomenico for Lots 1~~ 2~NA~,11~3 14F, 14H, 14I
and 15, Block ?3 and Joseph and S~l-~y Wisnio~ski for Lot 4,
Block ~ on June ~ 1~88~ the Ber~[~'ing~COmmission convened
~o con~ider ~he follo~ing~ ~ , .....
A request of Attorney James~Ripper ~r"~' thirty day
extension for consideration o~ his proposal for the
creation and regulation of rear lots.
A motion to grant the thirty day extension was made by
Commissioner Corrigan, seconded by Commissioner Suranna,
and carried unanimously.
Commissioners Baumann, Suranna, Corrigan, Harris,
Gameros, Edelson, and Meigs were present for this vote.
Joseph Suranna, Secretary
Berlin Zoning Commission
l'he July &, 1988 regular meeting was called to order at
?:00 p.m. by Chairman P. Ferraguto. In attendance were
Commissioners J. Suranna, D. Harris, C. Gameros~ R. Baumann,
P. Corrigan, and M. Meigs. Also in attendance was Town Planner
W. Voelker. Commissioner Edelson arrived at 8:30 p.m.
Town Planner Voelker stated the application for zone change of
O. Saglimbeni had been ~ithdrawn and the public hearing
scheduled for July 13, 1988 would be canceled, The applicant
~ill reappl¥.
Communications received by Chairman Ferraguto were then
reviewed, including:
-A letter dated June ~0, 1988 from Serlald ~. Berthiaume,
Executive Vice-President/General Manager of the New Britain
Red So~, requesting the letter serve as a petition to the
~oning Commission to amend Section 11.0A.08 to include the
"sale ~f beer and/or ~ine at the Willow Brook Park Stadium
(Beehive Field), owned by the City of New B~itain, and
located in the Town of Berlin."
lhe [;o,,mission then took the following actions:
PETITION OF JAMES RIPPER TO AMEND THE ZONIN8 RESU[ ~TIONS TO
PERMIT AND REGULATE REAR LOTS IN RESIDENTIAL ZONES
After discussion, a motior~ to approve the amendment was made
by Commissioner Corriga~ and seconded by Commissioner
Harris. ]'he motion carT"ied u~animously0 The effective date
of this amendment will be July 13, 1~88. (copy attached)
The reasons for this approval are as follows:
1. The regulations will provide the To~n with a policy to
regulate those lots which may have existed at the time of
the adoption of this amendment.
e. The regulations will provide an incentive for design
flexibility in ne~ subdivisions~
PETITION OF B&H VENTURES IV FOR A RETAIL SHOPPING CENTER ON LOT
~, BLOCK 1~1 DEMING ROAD.
This item was tabled due to an incomplete traffic study.
FILL PERMIT APPLICATION OF B&H VENTURES IV TO FILL A PORTION OF
THE BRICKYARD POND ON LOT ~ BLocK i~1, DEMING ROAD.
After discussion, a motion to grant was made by Commissioner
Harris, seconded by Commissioner Corrig~n and carried
unanimously. Commissioneri~!~'i~Y~ vqt~d~in place of
Commissioner Suranna who did",n~t~'a't¥~d~ the oublic hearing.
. ~.",'~ h~ ~'~1 r ·
The effective date of the permt:~,,'?~t~-~l~,~y 13, I~BB and
be valid for 3 years from this da~~ 'The permit
conditioned upon the depo,~i.Ein,odu .'~ ,,~ - ~ ~ fill only in ~he
pond and adequate traffic ~ontrol be provided during the
July &, 1~88 Zoning Commis~i ~ ~ .'
THE PETITION OF MICHAEL CARRIER TO A~ND SECTION 4.11 TO ALLOW
~ ~ ~ ~f'
CHILD DAY CARE CENTERS A~,~EO~I~E~' ~E IN THE PLANNED
SHOPPIN~ 1 DISTRICT
After discussion, ~mmissioneF,, Harris made the motion
approve the amendme~¢~:'*As including
recommendations of/"the Planning Commission ~hich are
Eonsis~ent ~ith State Statutes, The 'motion ~as seconded
b~ Commissioner Corrigan and carried unanimously.
(:opy attached)
The effective date of ~hi~ amendmen~ i~ July 13~ .1~88.
THE ~EQUEST OF THE CONNECTICUT EXCAVATING CORPORATION TO REMOVE
~7~310 CUBIC YARDS OF ~ATERIAL FROM LOT 81A~ BLOCK 10 ON THE
CHAMBERLAIN HIGHWAY.
After discussion, Commissioner Suranna made a motion to
grant the request with the conditions recommended by the
Planning Commission which was seconded (copy attached) by
Commissioner Baumann and carried unanimously. The
conditions are:
I. Adhere to specific requirements of Section 11.~ to
11.~ inclusive of Berlin Zoning Regulations and any
other applicable zoning requirement~
~. Soil erosion and sediment control measures to conform
with the connecticut Council on Soil and Water
Conservation "Guidelines" published January, 1~85 are
required.
3. Haul route to be inspected mutually by the Applicant
and the Berlin Town Engineering Office before and
after the excavation.
4. Defects occurring during the haulage of gravel over
the road be repaired by the Applicant to equal or
better conditions than now exist.
5. Traffic controls be provided on the haul route
satisfactory to the Berlin Police Department.
6. Dust controls be provided to the Town Engineer's
satisfaction.
?. Flours of operation be limited to between ?:00 A.M. and
5 P.M., Monday through Friday, excluding legal
holidays, Saturdays and Sundays.
8. Receipt of a $1~,000.00 bond.
~. Receipt of a $1,000.00 permit fee.
The effective date of this action is July 13, 1788
Continued...
July 6, 1988 Zoning
Page 3 of q
FILL PERMI'[ REQUEST OF THE I¢:~Ii'~[/tNq~ ~R~AIN FOR lq3,000 CUBIC
YARDS OF FILL AT LOT 8~ BLOCK 83 ON DEMING ROAD:
After discussion, the..p~of~.d'n "t~ .... .... · grant'~' I ' the request with
the conditions of app~d.~'a;' r~'om~ended by the Planning
Commission was made b~ CommiS~'i'~F~arris, seconded by
Commissioner Suranna~ and carried unanimously.
The conditions are:
1. The premises are ~o be maintained with immediate
removal of materials on the site exterior.
"~. ]'he entrance drive should be paved ~or the first e5
feet with the next 50 feet to consist of a crushed
stone silt trap.
3. Tre property is to be surrrounded with a minimum 6
foot chain link fence.
4. Provide evergreen screening across the Deming Road
frontage consisting of white pines planted 8 feet on
center.
5. The security gate shall be locked when the facility is
not in operation.
6. The fill be limited to an elevation not to exceed ~00
feet.
?. Receipt of a bond in the amount o~ $30,000.00. This
bond may not be waived by the Executive Board.
8. This permit is limited to one year beginning July 13~
1~88. At the end of this time~ an extension may be
rquested. Compliance with the above conditions will
be to the advantage of the applicant.
Note:
Chairman Ferraguto did not vote on the following two
agenda items~ as he was not in attendance for the public
hearings.
EXCAVATION PERMIT REQUEST OF GUIDO DIPIERDOMENICO TO REMOVE
20,000 CUBIC YARDS OF MATERIAL FROM LOTS 14, 14B, 14N, 15, 1AE,
14F, 1AH, AND 14I, BLOCK 73 ON KENSINGTON ROAD:
After discussion, a motion to grant with conditions to
prohibit the haul route from going west on Kensington
Road and to abide by the recommendations of the Planning
Commission was made by Commission Suranna. The motion
which was seconded by Commissioner Gameros carried
unanimously.
The conditions are as follows:
1. Adhere to specific requirements of Section 11.~ to
11.26 inclusive of Berlin Zoning Regulations and any
other applicable zoning requirements.
~. Soil erosion and sediment control measures to conform
with t~e Connecticut Council on Soil and Water
Conservation "Guidelines: Published January, 1~85 are
required.
July 6, 1~88 Zoning Com~,,i~l~[~a~~,0 Page 4 of
DiPierdomenico Excavat io~e~i ~_I( ~i~ed )
3. Haul route to be inspected mutually by the applicant
and the Berlin 'l'~'I.I~,~gine~ing Office before and
after the excavat~o~i~,Ll~,~.'...~.
~ne roau ~e repaired by the ~Pplicant to equal or
better conditions than now exist.
5. Traffic controls be provided on the haul route
satisfactory to the Berlin Police Department.
6. Dust controls be provided to the Town Engineer's
satisfaction.
7. Hours of operation be limited to between ?:00 A.M. AND
5 P.M., Monday through Friday~ excluding legal
holidays, Saturdays and Sundays.
8. Substantial compliance ~ith the approved grading plan
for the Colonial Village Subdivision.
~. Receipt of a $1e,O00.O0 bond.
10. Receipt of a $1,000.00 permit fee.
The effective date of this permit will be July 13~ 1~88.
EXCAVAYIOH PERMIT REQUEST OF JOSEPH AND STANLEY WiSNIOWSKI TO
REMOVE 22'7,8A8 CUBIC YARDS OF MATERIAL FROM LOT A, BLOCK 73 ON
KENSINGTON ROAD.
After discussion, a motion to approve was made by
Commissioner Corrigan, seconded by Commissioner Harris
and carried 3:2 (Commissioners Corrigan, Gametes, and
Harris voting to approve; Commissioners Baumann and
Surrana voting to deny), lhe conditions are:
1. Adhere to specific requirements of Section 11.2~ to
11.26 inclusive of Berlin Zoning Retgulations and any
other applicable zoning requirements~
2. soil erosion and sediment control measures to conform
with the Connecticut Council on soil and Water
Conservation "Guidelines" published January, 1~85 are
required.
3. Haul route to be inspected mutually by the Applicant
and the Berlin Town Engineering Office before and
after the excavation.
q. Defects occurring during the haulage of gravel overt
he road be repaired by the Applicant to equal or
better conditions than now exist~
5. Traffic controls be provided on the haul route
satisfactory to the Berlin Police Department.
6. Dust controls be provided to the Town Engineer's
satisfaction.
7. Hours of operation be limited to between 7:00 A.M. and
5 P.M., Monday through Friday, excluding legal
holidays, Saturdays and Sundays,
8. Receipt of a $12,000.00 bond~
~. Receipt of an $11,3~.A0 permit fee.
The effective date is July 13, 1~88.
The meeting adjourned at IO:.P..O p.m.
Adopted~ July 0~, 1~8B . .
Effective Dabem ~uly 1~, 19BB :
Respectfully submitted,
Joseph Suranna, Secretary
,~.,r,~:!, iFi.' "('?
~_G~-~~ A ~acllity designed to P I supplementary
daytime care for. pre-schoal age children, ~I~ !~ ;~
~dd to Omlumn ~ '(Permitted Special Use~)' in '~he. PS-i Zone the
fol!o~lng~
~. Day Care Centers in accordance Nlth Sections 11.8~.0~
permit from the Zoning Board of Appeals and mite plan approval from
the Pla,nlng Commission~ a day care center may be.permitted in
accordance with time '~ollo,ing Regula~ionm~
11.87.07 There shall be a minimum uf MB square fee~ of indoor
useabin space per ~hlid as dsfinsd by aba~e abatU~n and
regulations. Umeable apace nhall bm eNclunive of coa~roomn,
lava~orlsa, n~orage arnaa and hell.ayah' ~. .
ii.B?.08 Ail indoor apace used by children nhall ~e on ~he flrs~
floor level, ~.
1i.B?.0~ Outdoor play apace shall be provided and shall be equal ~o
one (1) ~quare 'fon~ of outdoor apace .fo? each one (1~ square foo~ of
gross building area, All outdoor play apace Ihall be enclosed by a
wall or fence a minimum o~ five fse~ in hel~h~ amid Snclosure
shall be Rep~. In good repair. Outdoor play, apace shall be located
in the rear or aide yards of the bu~lding~ ,. ,
1~.B?.10 One ~ollet and on~ ninl¢ Nigh ho~ and cold ~a~er shall be
provided for every t~en~y-flve children above ~lbe years of age and
One ~olle~ and one nl~l¢ provided Yor~ever~ al~een children under
five years Of age, ',
There shall be provided a commefFial dishwasher ~lth a
il,BT,ii
sani~izer.
II.BT.IE All indoor space shall be .air-condlflionsd~'
11.B?.1~ The building shall have at: learnt mae entdan~s/s~tt for the
handicapped ~ " ,
~or .act, .~aff member
building area.
11.B7.1~ The,facility mua~ b
the .approval for
the Issuance uf'~ha Special Perm~,
Adoptedl
Effective Datel
July,06, 1988
July 13, 1988
Add ~o P.O0 De'finl~iane! (,)~. "
[Q~. LOT, REAR - A lot located in much a position that
?~EiI~L~'o the rear of sane other lab 'fronting an the same
q.e',.Oi. 8UIHU[~L~SIiUH.' In accordance ~tth the provlmiens of
this eecl:lon~' tile Planning Oommisslon may grant special permits
or a subdivislnn approval all,wing ~he cans~rucflion af
all industrial z~nes and ~he HR~ R-86~ R~q~i R-81~ R-ID~ R-II,
and R-? ~onas. 'Special permits ~hali be issued only
tsar io~s mss~lng the requirements c~n~ainad herein ~htch may
have e}(is~sd ah ~ha hims of the adoption 'of these regulations.
~hm general community, significantly impa[~ health,
aafe~y~ general ~el~are, proper~V Values~ mr ~u~ure land
usa and road layou~s. ...
b. There shall bm a ma.laura.of one mingle-~amily d~elilng
~ith permitted accessory buildings or usam on a rear
ther.to~ nob~ibhe'banding ~he fact bhab a potential for
d. ApprmVal of btm Oomml~al~n mua~ be ~b~ainad aa
overal I design, cunmbrucbiun and layoufl of ~he '
rlghfl-uf-way and drivmmay~ which shall provide fur much
'from a public'sermeh~ab~hp,~ad ~'~ flhe TOwn, ''
~vilt cmnfmrm ~o bi'ts minimum~')~pdardm required by the
~ach rea~
page I of
Page ~_ o£ El cd'contInued) ',.
~1'~ raqulraman~ ~.f 'faa uNnapahlp tn ~he ~aa~ u'f unusual
a~cmmm o~ BO 'leah over ~hm minimum ,~rmn~agm required.
construed an accepbance of said rlghb-of~ay or drive.ay
by the Town for public purPouaU such au
repalr~ or o~hec narvicea r~ormally provided ~lbhln ~he
public higtlHay~ I ,
e. No principal a~'ruc~ure on a rear lo~ aha~l be located
more bhan DO0 'fee~ from '~he mfireeE'linn of ~he accepted
driveway ~hall.bm paVed a dlmbJncn of IOO Tem~ 'from )Ilo
pravided~ Cmn~iguoun rea? latin may mhar~ J common
'driveway provided each lo~ ham ~hm minimum
r.quirnd by nnc~lon d- There nhall bm no more ~han
=~nbiguoum r
f, Each rear loft nhail have ntifTicienfl a~ua and mUlbable
dtmnnnionm flu provide ample mpace fa? a private ~a~er
nupply mymkum ~he~m a public wa~er mupply nym~em In nob
regulab loon, ', '..
pla~afl ~nfl~rgr~unfl, ,
re~Ula~[mnn nhatl have an area nob Ieee ~han ~N[cn ~ha~
de bar..tog ~
True which ~hm ~ of d~'~dn~ leada shall be
considered
I
i
RECEIVED FOIl FiI..IIiG'
Page Z of ."4 Ig,;~]:.g AUG .-l~' I';."h! 0],: '1 Jlll, I'" ':''1"
~'~ 1, ~.,
'
'[m','HC1.L:? '. ~% - ,.; . '
1. The Co,nmimmlon shall f~RU~t~m',;hnd recuiv~lwrlbbep reports
an to each rmar lo~
1. The Ohiaf of ~°li':m and Fire"Harnhal an ho the
feasibility m'f ready accmma bo math propomed
consideration mulch planning Tacbors an effects on
aubdiviai~na a)ld pr~anb and futura land uae and
road' lay=uba +