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10/11/2005 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing ##1463
October 11, 2005

***** Draft Document – Subject to Commission Approval *****


The Meeting was called to order at 7:30 P. M. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Filipone, Gowdy, Guiliano, and Rodrigue) and two Alternate Members (Kehoe and Ouellette) were present.  Regular Member Saunders and Alternate Member Tyler were absent.   Also present was Town Planner Laurie Whitten.

ADDED AGENDA ITEMS:       None.

RECEIPT OF APPLICATIONS:

1.      Application of DMD Realty Family Partnership to amend Special Use Permit (granted on 10/22/91) to allow a rear lot at 341 Rye Street.  [A-1 Zone; Map 40, Block 50, Lot 13].

2       Application of HVE, LLC (Richard Corrado and Bob Gingras) for a 1-lot resubdivision located at 35 Barber Hill Road.  [Map 42, Block 72, Lot 8-2].

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Friday, September 30, 2005 and Friday, October 7, 2005, was read by Chairman Guiliano:

1.      Application of Jason Roy for a Special Use Permit for Dealer/Repairer License at 80-82 South Main Street, owned by VMC, Realty Inc., s/o Vito Cortese.  [TZ-5 Zone; Map 28, Block 5, Lot 44].

CONTINUED HEARINGS:  Four Fathers, Inc., dba Sports World – Text Amendment to Section 8.1.5 Alcoholic Beverages, to allow Café Permits in an M-1 Zone when incidental to the operation of a sports arena, recreational club, catering establishment, hotel or motel.  (Deadline to close hearing extended to 10/11/05):


Chairman Guiliano read the Hearing description.   Appearing to discuss this Application was Attorney Barbara Highland, representing Four Fathers, Inc.  

Chairman Guiliano reported he would rather take this as a Text Amendment change rather than an application for Sports World, as they are different.  He would rather not speak of Sports World specifically, as that is more of an Application.   Attorney Highland suggested they are looking for a Text Amendment because Sports world is an indoor soccer field which currently serves concession food, along the interior of the field is a spectator area.   They are currently looking for a Text Amendment to be able to apply for a café permit, which would be ancillary to the existing business.  The area would be 6’ x 8’ for a total area of 5,000 square feet, which is a little over 1% of the use.  Attorney Highland indicated they are here for the Text Amendment to be able to apply for the café permit.

Chairman Guiliano suggested that Attorney Highland may know the Commission is in the process of going over their regulations.  As the review will begin soon it’s his opinion at this time that he personally wouldn’t want to act on this text amendment.   He would rather review it and get input from other sources when reviewing the regulations.  He would like to have a chance, as a group, to go over this.

Attorney Highland indicated this process has been going on since June; it’s difficult for the owners to keep putting this issue on the back burner as they are losing money daily.   Once a team goes elsewhere they won’t come back to Sports World.   Attorney Highland realized that this is a mix of alcohol and kids but she questioned that maybe the Commission could approve the Application with restrictions.  She indicated she agreed with Chairman Guiliano, at present they are looking at the Text Amendment for a specific business, and understands that the Commission would want to look at it when they review the regulations.  She noted they made the language for it to be open to other businesses as well.   Commissioner Filipone was concerned with opening the use of alcohol up when there are kids at the site to play.  Commissioner Gowdy indicated he agreed with Chairman Guiliano and Commissioner Filipone but questioned if a concession would be more appropriate than a café permit.   Attorney Highland suggested Sports World already does those things.   Commissioner Rodrigue concurred that the Commission is coming to meetings to review these items; it isn’t that far out for this to be one of the topics.  

Attorney Highland questioned what was the time table?   Chairman Guiliano replied 9 months.  Everyone agrees alcohol and children don’t mix but the facility is used Monday through Friday for adult leagues almost exclusively; Saturday and Sunday it’s used almost exclusively by children.   Chairman Guiliano indicated that he didn’t know if they would want to restrict themselves to no children Monday through Friday.  Town Planner Whitten suggested those would all be conditions of approval when they came back for an application for a café permit.  Attorney Highland indicated that was what they were hoping for, that the Commission would allow them to apply and the conditions could be set at the time of the application.

Chairman Guiliano opened discussion to the public:

Ray Boynton, 223 South Main Street:  reported he opposes this proposal, he didn’t believe that having liquor in an M-1 Zone would be favorable.   If he owned an industrial site in that zone he wouldn’t want to see liquor being served in the area, and wouldn’t want to see it around children.  They have a lot of kids over there; he didn’t think it should be allowed.  At the facility in Glastonbury they serve liquor and they have nothing but problems; he reported he has a friend who goes there and they have a list of people who have been banned.  It should be seriously thought out for here.

Mr. Van Gasback, 242 Main Street:  the facility is right behind his house and there are a lot of school buses; he didn’t feel it should be there.  He didn’t feel we have enough police to handle it.

Ruth Ann Boynton, 223 Main Street:  they also have an elderly housing complex there and they are frequently walking by there and she felt the existing driveway is rather narrow; she felt this could cause problems with the elderly walking by and down the street and people drinking might not be as aware of the situation as if they were not drinking.                                                                 

Commissioner Kehoe agreed with his fellow Commissioners, he would rather look at it as a Commission.

MOTION: To CLOSE the Public Hearing on the Application of Four Fathers, Inc., dba Sports World - Text Amendment to Section 8.1.5 Alcoholic Beverages, to allow Cafe’ Permits in an M-1 Zone when incidental to the operation of a sports        arena, recreational club, catering establishment, hotel or motel.  

Gowdy moved/Filipone seconded/VOTE:  In Favor:   Unanimous

MOTION TO APPROVE the application of Four Fathers, Inc, d.b.a. Sportsworld for a Text Amendment to Section 8.1.5.e of the Zoning Regulations to permit café’ permits in the industrial zone by special permit when associated with the operation of a sports arena, recreational club, catering establishment, hotel or motel.

The proposed change shall become effective on the date the notice of action is published in the newspaper.  

Conditions:

1.      A copy of the final motion and text amendment shall be filed in the Office of the Town  Clerk on the effective date by the applicant.  Said amendment shall bear the signatures of      the Chairman and Secretary of the Commission, and the approval and effective date of the        amendment.  

Gowdy moved/Rodrigue seconded/
VOTE:  In Favor:        No one
                        Opposed:        Filipone/Gowdy/Guiliano/Kehoe/Rodrigue
                        Abstained:      No one

Reasons for denial:   Commissioner Gowdy agreed with Commissioner Filipone and Chairman  Guiliano, he didn’t feel, at this point in time, the Commission should have any text amendment until we revamp/revise the Regulations.   Commissioner Filipone agreed, the denial is without prejudice.   The Commission will be redoing the Regulations and that would be the appropriate time to do it.  Chairman Guiliano agreed with the comments made by his fellow Commissioners.   Commissioner Rodrigue agreed that the Commissioners are in the process of making changes to the Regulations.  Commissioner Kehoe agreed with the comments made by his fellow Commissioners.

CONTINUED HEARINGS:  Myers Nursery, Inc. – 2-lot subdivision and Special Use Permit for 1 rear lot located on the west side of East Road.  [A-1 Zone; Map 10, Block 53, Lot 2].  (Deadline to close hearing 11/15/05:

Chairman Guiliano read the Hearing description.   Appearing to discuss this Application was David Palmberg, of William Palmberg, Land Surveyors; Mr. Palmberg was representing Cal Myers, who was also present.

Mr. Palmberg indicated the Application is for a two-lot subdivision and rear lot application on the west side of East Road; the site is part of Myers Nursery.  Mr. Myers is seeking creation of two building lots for two single family homes.   He has received approval from the North Central Health District (NCHD) for septic systems, and has also received approval from the Inland/Wetlands Commission.  

Mr. Palmberg suggested Sheet 3 shows what is being proposed, there will be two lots on the southern portion of the property.  Lot #2-10 is a rear lot which requires a Special Use Permit, and is under 4 acres in size.   Lot #2-11 is 3 ½+/- acres and is a frontage lot on East Road.  They are proposing an access strip to the north of Lot #2-11 to enter/exit Lot #2-10.   The property is currently farmed with nursery stock existing of shrubs and trees. As part of the Application they are proposing landscaping along the south side of the access strip to the rear lot and the north edge of the two lots as is required.  They are not proposing any landscaping on the edge adjacent to the agricultural field.

Mr. Palmberg indicated that as part of the Application they are requesting waivers for sidewalks and street lighting.  There are currently no sidewalks on East Road, and there is street lighting on the road.  

Mr. Palmberg indicated that Mr. Myers is seeking approval for the building lots for his two daughters so they are not proposing any Open Space.

Commissioner Gowdy requested clarification that they had received approval for septic systems?  Mr. Palmberg replied affirmatively.  Commissioner Gowdy questioned if the gas goes along in that area?  Mr. Palmberg indicated there is a transmission line along East Road.

Commissioner Filipone questioned if the driveway is part of lot #2-11?  Mr. Palmberg suggested it’s part of Lot #2-10 and has been listed in the tabulations for this lot.  Commissioner Filipone questioned if this property has been subdivided before?   Mr. Palmberg replied negatively, noting this is the first time.   There is an existing lot below which belongs to Mr. Myers sister; he is conveying some land in the rear to square off the boundary.   

Commissioner Gowdy requested clarification that Wetlands has been approved?   Mr. Palmberg replied affirmatively, noting NCHD had been approved as well.  

Chairman Guiliano questioned that the Applicant was not proposing any screening on the north side of the driveway?  Mr. Palmberg replied affirmatively, noting it’s currently a field of shrubs.  Chairman Guiliano questioned what happens when the shrubs are sold?  Mr. Myers indicated that most likely when that crop goes they will plant another.  Chairman Guiliano indicated he would prefer the addition of screening.  Mr. Myers suggested it wouldn’t be a hardship for him to provide the screening.  Mr. Palmberg indicated if it’s the Commission’s desire they will plant the screening.  

Commissioner Filipone noted this is a 2-lot subdivision, he thought they were allowed one cut?  Town Planner Whitten suggested it has to be a family transfer.  

Commissioner Gowdy questioned how are the sight lines?  Mr. Palmberg indicated the access driveway is the same as when the previous house was there.  He also noted that consideration of the sight distance was one of Town Engineer Norton’s comments; he has provided that note on Sheet 4.   The least amount of distance for the driveway for Lot #2-11 is 400’ to the south.   He questioned if Commission Gowdy’s concern was the crest of the hill?   Commissioner Gowdy replied affirmatively.  He questioned that the property behind is now going to be conveyed to the sister?  Mr. Myers indicated there was a piece that he conveyed to the fishing club and they ended up with a triangle behind his sister’s house; she might as well have it as long as they are doing this.

Chairman Guiliano queried the audience for comments; no one requested to speak.

Commissioner Filipone questioned if all of Town Engineer’s comments have been addressed?  Mr. Palmberg replied affirmatively, noting one comment was to put one septic system outside the 150’ distance, and that was done.  Town Planner Whitten noted she spoke with Town Engineer Norton this afternoon and he didn’t revise his memo.  She would say he is happy with the revisions already made.

MOTION: To CLOSE the Public Hearing on the Application of Myers Nursery, Inc. - 2-lot subdivision and Special Use Permit for 1 rear lot located on the west     side of East Road.  [A-1 Zone; Map 10, Block 53, Lot 2].  

Gowdy moved/Filipone seconded/VOTE:     In Favor:       Unanimous

MOTION TO APPROVE the waiver of

        a)      Required sidewalks per Section 6.3, as no sidewalks are in the                  vicinity.

        b)      Required street lights per section 6.5 as lights are present, and no                    roads are proposed.

Gowdy moved/Filipone seconded/VOTE:     In Favor:       Unanimous

MOTION TO APPROVE the application of owner Myers Nursery, Inc. for a 2-lot Subdivision and Special Use Permit for one rear lot at property described as Assessor’s Map No. 10, Block No. 53, Lot No. 2, a.k.a. located at 18-20 East Road.  This approval is granted subject to conformance with the referenced plans (as may be modified by the conditions) and the following conditions of approval:

Referenced Plans:

“Sheet 1/5 - Key Map  prepared for Myers Nursery, Broad Brook CT, prepared by William R. Palmberg & Son, LLC, Land Surveyors, 178 North Maple Street, Enfield, CT 06082, 860/763-3300, dated 5/11/05 scale 1” = 200’ with the following sheets:

        Sheet 2/5       Boundary Survey, scale 1” = 80’
        Sheet 3/5       Subdivision Plan
Sheet 4/5       Grading Plan
        Sheet 5/5       Erosion & Sedimentation Control Plan

Conditions which must be met prior to signing of mylars:

1.      The applicant shall submit a paper copy of the final approved plans to the Town Planner for review and comment prior to the submission of the final mylars.

2.      All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans.

3.      If the $2,000 fee per lot, payable to the Town Treasurer, is not paid prior to the filing of the final mylars, the mylars shall contain a clearly visible notation for each applicable lot stating, “Any sale or transfer of this property within five (5) years of the original (re)subdivision approval to a person not exempt under section 7.10 of East Windsor’s Subdivision Regulations shall result in the liability of payment ($2,000) to the Town of East Windsor for the total fee as defined in Section 7.6 of East Windsor’s Subdivision Regulations”.

4.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this motion shall be filed in the land records prior to the signing of the final mylars.

Conditions which must be met prior to the issuance of any permits:

5.      Two sets of final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  One set of signed fixed line mylars, Sheet 3 of 5, shall be filed with the Town Clerk by the applicant no later than 90 days after the 15 day appeal period from date of  publication of decision has elapsed or this approval shall be considered null and void, unless an extension is granted by the Commission.  One set of mylars, sheets 1-5 shall be filed in the Planning and Zoning Department.

6.      Detailed sedimentation and erosion control plans shall be submitted with the site plan for each parcel at time of application for a zoning permit.

7.      A cash (escrow) or passbook bond shall be submitted for erosion and sedimentation (E & S) control maintenance and site restoration during the construction phase of the project.  Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within 5 days or this permit shall be rendered null and void.  The applicant’s engineer shall prepare an estimated cost of the E & S controls for review by the Town Engineer.  The final amount of said bond shall be determined by the Town Engineer.

Conditions which must be met prior to certificates of compliance:

8.      Iron pins must be in place at all lot corners and angle points.

9.      Final Health District approval of the drinking water supply must be demonstrated.

10. The driveway must have a 15’ paved apron or if weather does not permit, a bond for such submitted.

11. Final grading and seeding shall be in place , or if weather does not permit, a bond for the unfinished work be submitted.

12. All required landscaping shall be in place, or if weather does not permit, a bond for the required plantings shall be submitted.

13. Final as-built survey showing all structures, pins, driveways, final floor elevations , and grading must be submitted.

14. All public health and safety components of the project must be satisfactorily completed prior to occupancy.  In cases where all public health and safety components have been completed, the Zoning Officer may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.

General Conditions:

15. This subdivision approval shall expire (five years form the date of approval).  Failure to complete all required improvements within that time shall invalidate the subdivision.  The developer may request an extension of time to complete the subdivision improvements from the Planning and Zoning Commission.  Such extension shall not exceed the time limits as provided for in the Connecticut General Statutes, Section 8-26 as may be amended from time to time.  The Commission shall require proper bonding be in place prior to approval of any such extension.

16. A Zoning Permit shall be obtained prior to any the commencement of any site work.

17. This project shall be constructed and maintained in accordance with the referenced plans.  Minor modifications to the approved plans which results in lesser impacts may be allowed subject to staff review and approval.

18. Any modifications to the proposed drainage or grading of the subdivision is subject to the approval of the Town Engineer.

19. Additional erosion control measures are to be installed as directed by Town Staff if field conditions necessitate.

20. By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.

21. Should the property transfer ownership before all work is completed, or before a certificate of completeness is issued, the new owner must place new bonds in their name, at which time the original bond may be released.

22. Additional screening should be placed on the northside of  Lot 2-11.  

Gowdy moved/Filipone seconded/VOTE:  In Favor:  Unanimous

NEW HEARINGS:  Jason Roy – Special Use Permit for Dealer/Repairer License at 80-82 South Main Street, owned by VMC Realty, Inc., c/o Vito Cortese.  [TZ-5 Zone; Map 28, Block 5, Lot 44]. (Deadline to close hearing 11/15/05):

Town Planner Whitten reported she had been speaking with the owner; she understands that Mr. Roy will be withdrawing this Application, although she has not yet received any letter.

MOTION: To TABLE the Application of Jason Roy for a  Special Use Permit for Dealer/Repairer License at 80-82 South Main Street, owned by VMC Realty Inc., c/o Vito Cortese [TZ-5 Zone; Map 28, Block 5, Lot 44] until further correspondence with the Applicant.

Gowdy moved/Filipone seconded/VOTE:  In Favor:  Unanimous

OLD BUSINESS:  John Silva – Site Plan Approval to allow construction of a 2,080 square foot building (Dunkin Donuts) and parking lot located at 17 North Road, owned by Nicholas P. Lata.  [B-1 Zone; Map 2, Block 16, Lot 16C]. (Deadline for decision 10/13/05):

Chairman Guiliano read the description of this item of business.   Appearing to discuss the Application was Jay Ussery, of J. R. Russo & Associates, and John Silva, the Applicant.

Mr. Ussery recalled that at the last meeting he showed the Commission the site at 17 North Road, which will be the location of a 2,000 square foot Dunkin Donuts shop.  We talked about the drainage issues, and, at that time there was the access to North Road/Route 140.  Mr. Ussery noted Mr. Silva had desired access with 2 curb cuts, although the plans submitted to the Commission reflected only 1 curb cut.  Discussion seemed to determine that the Commission preferred 1 curb cut.   They have talked to Kevin Campbell of CONNDOT; as of this afternoon he is in favor of a single curb cut.  His reason is that as far as CONNDOT is concerned the fewer cuts the better.  The Applicant thought 2 cuts would have been better for access, especially for through traffic.   They are allowing 12 queuing spots for the drive-through window vs. 14/15 shown on the previous plan.    Mr. Ussery indicated that DOT has a study that they did on a Dunkin Donuts in Fairfield County, they did prefer to see 14 queuing spaces.  They have talked to Kevin Campbell, but after reviewing both plans he didn’t require any additional queuing spaces; he was comfortable with the 12 queuing spaces.  Mr. Ussery indicated they could add another queuing spaces, making it 13,  but it would be tight for cars getting of  the driveway.  

Chairman Guiliano queried how they plan to prevent a back up of traffic?   Mr. Ussery indicated he talked to Kevin Campbell about that issue as well; John Silva is comfortable with the 12 queuing spaces, as is Kevin Campbell.   They have room for 13 queuing spaces but if it backs up any more than that will block up the driveway.   Mr. Ussery indicated they could actually have 17 queuing spots before causing a back up of the driveway.

Commissioner Filipone queried if the back up will affect Route 140?   Mr. Ussery felt it would affect the interior of the site.  Commissioner Filipone felt people wouldn’t go to this site.   Mr. Ussery indicated that was the discussion he and Dana Steele had today.

Commissioner Ouellette reported he has deliberated long and hard on this issue.   He agrees with Mr. Ussery, each plan has its pros and cons.  He looked at the traffic study; in his view the number of trips in the traffic study were vastly understated.   They are stating 189 cars, one half in and one half out.  Planners go to the trip generation manual, which isn’t a good study of this use.   He noted the traffic engineer admitted it.   He noted the State counted 15 operational Dunkin Donuts in the state, including the one on Route 5 on South Main Street.  The number of patrons has nothing to do with the size of the facility; it’s more the traffic on the road.  For the Dunkin Donuts on South Main Street the in and out trip generation was nearly double.  He noted that facility is very similar to the facility proposed; he is questioning the number of parking spaces for this facility.                                                                                                                             

With regard to the queuing, Commissioner Ouellette felt if there are not enough queuing spaces people will go around the building, and either go out or pull into an available spot, but if there are not enough spots…………..Commissioner Ouellette suggested there is a choke point here on the road, it goes from 5 lanes to 2 lanes quickly.   The road isn’t very wide here, and the traffic engineer suggested widening the road and have 2 lanes of egress coming out but he noted he didn’t see either in the plans.  Commissioner Ouellette noted he sees some circulation problems he questioned that there are a sufficient number of parking spaces.  Commissioner Ouellette suggested he has no problem with this type of business or use, but he questioned if the site might be too small for this type of business.

Commissioner Filipone questioned what the letter grade (for the level of service) was?  Commissioner Ouellette indicated it is an F, which is the worse level of service; A is the best letter grade.  Commissioner Filipone questioned if the study commented on the time to get into traffic?   Commissioner Ouellette suggested the traffic study suggests 1 ½ minutes to get out of this site.  Commissioner Ouellette indicated the traffic engineer is saying that 70% of the patrons will turn right into the site, and 30% will turn left into the site.  They are also suggesting a bypass lane, which isn’t being provided here on the plans.  Commissioner Filipone suggested this will alleviate the queuing problem in Sophia’s Plaza; Mr. Silva concurred.  Commissioner Ouellette questioned if delivery trucks or large tractor trailers come into the site once or twice a week?  Mr. Silva indicated twice a week, but they arrive after 12 P. M.  Commissioner Ouellette questioned in the single driveway proposal can you get a tractor trailer through and out onto Route 140?  Mr. Ussery suggested not without causing the center lane to exit right back towards KI-91; this was one of the reasons they opted for the 2 curb cuts, but because of only two deliveries per week, and the time of delivery, they weren’t concerned.  It isn’t a large concern; it happens all the time.

Commissioner Ouellette questioned that when you introduced the additional curb cut there is more of a chance of an accident because there are more conflict points.  As the Route 140 corridor develops they don’t want a cut every few hundred feet; they don’t want another Silas Deane Highway.  Is an additional cut a convenience, or a necessity?  His biggest concern is if there is enough parking.

Mr. Silva indicated there was a study done at the Thompson Road site; at any given time the must cars was 22 cars for 38 spaces at that location.   The lot is never full.  Commissioner Ouellette questioned how many employees are there per shift, and how many spaces do they take up?   Mr. Silva indicated it’s hard to say; many are dropped off.  At one time they had 7 employees in the morning.  Commissioner Filipone questioned if the plans provide the number of parking spaces required by the regulations?   Mr. Ussery indicated they are 2 short.  Commissioner Filipone suggested if it’s not this business there will be another that will affect the traffic.  Commissioner Rodrigue suggested the CONNDOT report is dated 2000; there are many Dunkin Donuts that have 2 or 3 or 4 entrances/exits going into/out of them; they are on major roads.

Mr. Ussery suggested that with regard to the comments about the bypass lane, that will be reviewed by CONNDOT and if it becomes a requirement it will be incorporated into the plan, and there will be some widening and some reconfiguration of the striping.  Town Planner Whitten felt the Commission can’t base their approval on someone else’s approval, but it’s a mute point and DOT approval is required for this use.  Mr. Ussery suggested that some of the Commissioners may recall that on 205 South Main Street Southern Auto Auction did the widening required by DOT, and the same thing is happening for La Renaissance with regard to the hotel – DOT has now approved widening a lane.   Mr. Ussery suggested that it was their thought that when the plan goes to DOT whatever was required will be incorporated into this plan and will become part of this approval.   Mr. Hesketh is suggesting that DOT will probably require a bypass lane.

Commissioner Ouellette noted that the traffic study doesn’t address how many onsite parking spaces are being provided.  Chairman Guiliano felt that people would rather wait in line than go inside; he felt the issue is how much space is provided for queuing.   Discussion continued comparing parking and queuing spaces at various Dunkin Donut locations.  

Chairman Guiliano queried Commissioner Ouellette if he would prefer to see the widening on the plan?   Commissioner Ouellette replied negatively, suggesting his concern is with the number of access points and the onsite parking.   Commissioner Gowdy asked what Commissioner Ouellette’s question was with regard to the number of parking spaces?   Commissioner Ouellette noted that if there are not enough parking spaces people will start circulating and there maybe congestion at the access points.  He questioned if rotating the building would work; is this what works?   Mr. Ussery replied affirmatively.

Commissioner Filipone noted he agrees with Chairman Guiliano; if there are not enough parking spaces and they start queuing on Route 140……… Commissioner Ouellette suggested that if that were to start happening on Route 140 it would be a disaster.    Commissioner Filipone felt that with regard to Route 140 no matter what the Commission does they will have the same problems with whatever business goes in there.  Commissioner Ouellette suggested maybe the Commission needs to ask if high turn-over businesses are appropriate on Route 140?  Commissioner Rodrigue and Mr. Ussery recalled that Starbucks, which was approved for the other corner, has 9 queuing spaces.  

Mr. Ussery noted they have reduced the pole height for the lighting to 12’.   They have addressed Town Engineer Norton’s comments, except for the details on the separator, but that’s a minor technical issue.

 Commissioner Gowdy questioned what were the sight line distances?   Mr. Ussery reported the plan doesn’t show any sight line distances, but they will provide them if DOT requires them.   There is no sight line issue in this area; the distance is quite long.  Commissioner Ouellette questioned what happens if you have the maximum queue; would you now have a problem looking through the last car?   Mr. Ussery suggested they are looking at a single cut with 12 queuing spaces; his experience with the number of Dunkin Donut sites he has been in is there are always enough onsite parking spaces.  

Commissioner Filipone queried Commissioner Ouellette, noting he had commented on the traffic study understating the number of trips generated.  He suggested as a Commission they rely on such information.  Commissioner Ouellette suggested Town Planner Whitten provides review of the plans; for this application it didn’t really work.

Commissioner Gowdy questioned if Commissioner Ouellette had concerns for safety on this site?   Commissioner Ouellette replied affirmatively.   Commissioner Gowdy questioned if that was based on the number of parking spaces?   Commissioner Ouellette replied affirmatively.  Commissioner Filipone felt it was a safety issue at the existing location as well; no matter what we do it will be the same thing.

MOTION TO APPROVE the application of John Silva, and owner Nicholas P. Lata  for Site Plan Approval of a one story, 2,080 sq. ft. retail building with a drive through and associated parking and site improvements at 17 North Road, on property zoned B-1, as shown on Assessor’s Map 2, Block 16, Lots 16C.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions)

        Referenced Plans:

·       Cover Sheet – “Dunkin Donuts, 17 North Road, East Windsor CT , Prepared for John silva, P.O. Box 1028, East Windsor, CT 06088, 860/796-1561,  Prepared by  J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 06088. (860) 623-0569, Fax (860) 623-2485  Scale as noted, Dated 08-05-05, rev 9/30/05

·       Set Includes:
·       Sheet 2 of  9, Boundary Survey
·       Sheet 3 of  9, Layout Plan, Scale 1” = 20’
·       Sheet 4 of  9, Grading and Utility Plan,  1” = 20’
·       Sheet 5 of  9, Landscape Plan,  1” = 20’
·       Sheet 6 of  9, Erosion and Sediment Notes
·       Sheet 7 of  9, Detail Sheet, scale as shown
·       Sheet 8 of  9, Detail Sheet, scale as shown
·       Sheet 9 of  9, Detail Sheet, scale as shown

Elevation Drawings for Dunkin Donuts, North Road, East Windsor,  prepared by James D. Smith Architects, P.O. Box 583, W Barnstable, MA 02668, phone 508/362-8733, fax 508/362-8744, last revised 7/21/05, sheet A10 and EIFS Elevations.

-Conditions which must be met prior to signing of mylars:

1.      A paper copy of the final approved plans (revisions included) shall be submitted to the Town Planner for review and comment prior to the submission of final plans.

2.      All final plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans.  

3.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this approval motion shall be filed in the land records prior to the signing of the final plans.

Conditions which must be met prior to the issuance of any permits:

4.      One set of final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  Both sets shall be filed in the Planning and Zoning Department.

5.      A cash (escrow) or passbook bond shall be submitted for sedimentation and erosion control maintenance and site restoration during the construction of the project.  Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within five (5) days or this permit shall be rendered null and void. The applicant's engineer shall submit an estimated cost of the E & S controls to the Town Engineer.  The amount of said bond shall be determined by the Town Engineer.

6.      A zoning permit shall be obtained prior to the commencement of any site work

Conditions which must be met prior to certificates of compliance:

7.      Final grading and seeding shall be in place or a bond for the unfinished work submitted.

8.      Final as-built survey showing all structures, pins, driveways and final floor elevations as well as spot grades shall be submitted.

9.      All public health and safety components of the project must be satisfactorily completed prior to occupancy. In cases where all of these components have been completed, the Zoning Official may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work

General Conditions:

10.     In accordance with Section 13.5.4 of the Zoning Regulations, any approval of a site plan application shall commence the construction of buildings within one year from the date of approval and complete all improvements within five years of the date of approval, otherwise the approval shall become null and void, unless an extension is granted by the Commission.

11.     This project shall be constructed and maintained in accordance with the filed plans.  Minor modifications to the approved plans that result in lesser impacts may be allowed subject to staff review and approval.

12.     Any modifications to the proposed drainage or grading for the site plan is subject to the approval of the town engineer.

13.     Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.

14.     By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval

15.     All landscaping shall be maintained.

Gowdy moved/Filipone seconded/
VOTE:   In Favor:       Filipone/Gowdy/Kehoe/Rodrigue
                        Opposed:        Guiliano        
                        Abstained:      No one

MOTION: To TAKE A FIVE MINUTE BREAK.

Filipone moved/Gowdy seconded/VOTE:  In Favor:   Unanimous

The Commission RECESSED at 8:45 P. M. and RECONVENED at 8:52 P. M.

NEW BUSINESS:  Lawrence Tribble, Jr. – Site Plan Approval to allow a dining area addition to existing Cornerhouse Family Restaurant, located at 75 South Main Street.  [TZ-5 Zone; Map 28, Block @20, Lot #1} (Deadline for decision 11/1705):

Chairman Guiliano read the description of this item of business.   Appearing to discuss the Application was Jay Ussery, of J. R. Russo & Associates.

Mr. Ussery indicated he has submitted a Site Plan for an addition to the Cornerhouse Restaurant, which is across from the high school.   It’s a restaurant that has been there for a number of years; Larry Tribble is rehabilitating the existing restaurant, and adding an addition for a 14 ½’ x 16 ½’ dining room.  There will be a vestibule in the front to provide handicapped access.  The island on the north side will be enlarged and they may be adding more landscaping.  Mr. Ussery indicated that Town Planner Whitten requested more landscaping on the island as it’s on Route 5.   Water and sewer have been onsite; they will be repaving some portions of the site, or maybe will be overlaying all the paving.  

Commissioner Filipone questioned what’s going on upstairs?   Mr. Ussery indicated it’s empty.  

Commissioner Filipone questioned if the handicapped ramp is on the side for vans coming in?   Mr. Ussery replied affirmatively.  Commissioner Filipone noted that vans usually exit on the right, someone just driving in will have to go around?   Mr. Ussery replied affirmatively.  He indicated that the landscaping area and the front of the building will be pushed out for an entryway, and the ramp and dumpster will be enclosed with a chain link fence and privacy slats.  Mr. Ussery noted that the State DOT has had a program where you can do plantings in the islands but typically the Town frowns on that practice; he noted Town Planner Whitten had wanted to plant in them and make them bigger.  

Commissioner Gowdy questioned if there was adequate parking?  Mr. Ussery indicated there are 22 parking spaces required based on the building square footage, and they are showing 24 spaces.  Commissioner Gowdy questioned if those on the side are already there; Mr. Ussery replied affirmatively.  Commissioner Gowdy questioned if those are on another site?   Mr. Ussery indicated that this site is 81 South Main Street; they are all on the same parcel, which is 4 1/2+/- acres.

Chairman Guiliano questioned if they would be doing anything with the façade?  Mr. Ussery replied negatively, but he felt it would be painted.  

Commissioner Gowdy questioned that the curb cuts were not changing?  Mr. Ussery reported they are reducing the cut on Tromley Road, and the cut on Route 5 stays the same.

Chairman Guiliano questioned if the restaurant will be open in the evening, or just for breakfast and lunch?   Mr. Ussery indicated he didn’t know.

Commissioner Filipone questioned if there was any new sight lighting?  Mr. Ussery indicated there was nothing new proposed.  Chairman Guiliano felt if the front of the building is changing then the lighting should be changed.  Mr. Ussery suggested the plans are not that detailed at this point.

Commissioner Gowdy questioned if they would have to change the grease trap?   Mr. Ussery reported it’s a 1500 gallon trap, which has been there for years; they would have to which they are discussing with NCHD.

Chairman Guiliano questioned if there was any chance they could request a change in the front spotlights?   Mr. Ussery replied affirmatively.   Chairman Guiliano felt they would want some type of lights on the handicapped ramp, and if this facility is open in the morning sometimes it’s dark.

Chairman Guiliano suggested the whole thing is a plus for the Town.  Commissioner Rodrigue suggested it gets the business back in operation.  

Commissioner Gowdy questioned if there were any landscaping details on the plan yet, and, if not, would they be reviewed administratively?  Mr. Ussery indicated they didn’t do anything now but they will add them to the plan and show them to Town Planner Whitten, or the Commission.   Commissioner Gowdy felt they could be reviewed by Town Planner Whitten.

Mr. Ussery noted they will be doing bathroom and kitchen renovations also.  They also lost seating spaces when they provided the handicapped access, so the addition brings the seating back to what it was before the renovations.

MOTION TO APPROVE the application of Lawrence Tribble, Jr. for Site Plan Amendment for a 240 sq. ft. building addition and associated improvements at 75 South Main Street, East Windsor, Connecticut, zoned TZ-5 as shown on Assessors’ Map 28, Block 20, Lot 1.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:

Referenced Plans:

-       Site Plan, Cornerhouse Family Restaurant, 75 South Main Street, East Windsor, Connecticut, Map 28, Blk 20, Lot 1&2, TZ5  Zone as prepared by J.R. Russo & Associates, scale: 1”=20', dated 3/26/04, sheet 1 of 2.

-Conditions which must be met prior to signing of mylars:

1.      All final plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans.

2.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this approval motion shall be filed in the land records prior to the signing of the final plans.
Conditions which must be met prior to the issuance of any permits:

3.      One set of final plans, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  Both sets shall be filed in the Planning and Zoning Department.

4.      A cash (escrow) or passbook bond shall be submitted for sedimentation and erosion control maintenance and site restoration during the construction of the project.  Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within five (5) days or this permit shall be rendered null and void. The applicant's engineer shall submit an estimated cost of the E & S controls to the Town Engineer.  The amount of said bond shall be determined by the Town Engineer.

Conditions which must be met prior to certificates of compliance:

5.      Final grading and seeding shall be in place or a bond for the unfinished work submitted.

6.      Final as-built survey showing all structures, pins, driveways and final floor elevations as well as spot grades shall be submitted.

7.      All public health and safety components of the project must be satisfactorily completed prior to occupancy. In cases where all public health and safety components have been completed, the Zoning Officer may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.  

General Conditions:

8.      In accordance with Section 13.5.4 of the Zoning Regulations, any approval of a site plan application shall commence the construction of buildings within one year from the date of approval and complete all improvements within five years of the date of approval, otherwise the approval shall become null and void, unless an extension is granted by the Commission.

9.      A Zoning Permit shall be obtained prior to the commencement of any site work.

10.     This project shall be constructed and maintained in accordance with the filed plans.  Minor modifications to the approved plans that result in lesser impacts may be allowed subject to staff review and approval.

11.     Any modifications to the proposed drainage or grading for the site plan is subject to the approval of the town engineer.

12.     Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.

13.     By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval

14.     All required landscaping shall be adequately maintained .

15.        Landscape details to be approved administratively by Town Planner.

16.        Review of Site lighting by staff.

Rodrigue moved/Kehoe seconded/VOTE:  In Favor:  Unanimous

BUSINESS MEETING/(1)  Workshop – Preliminary Scheduling/Discussions:

Town Planner Whitten reported the first workshop will be held on Monday, October 24, 2005 at 6:30 P. M. in the Broad Brook School cafeteria.   Discussion continued regarding how to direct discussions.

BUSINESS MEETING/(2)  Correspondence:

The Commission’s input has been requested by Selectwoman Roberts on the pending Developers Agreement.

Commissioner Filipone suggested he didn’t see a definitive start or completion time; it seems to be open.  It references that it will commence 101/2007 but doesn’t seem to list a completion date.   Town Planner Whitten felt they would do the development in phases, and anything the Town would be paid back would be divided into those phases.  Commissioner Filipone questioned that they can’t do the development until the sewer is in?  Commissioner Gowdy and Chairman Guiliano queried if they decide not to build and were half way through the sewer line………..  Commissioner Filipone would like to know the completion date for the sewer construction.

Commissioner Filipone questioned that as they are going into Route 140 are they going to put in laterals for existing houses and businesses?  

Commissioner Filipone noted the estimated cost is $1.796 million to $1.896 million.   If it comes in over budget he hopes the Town isn’t going to be on the hook for the difference.

Commissioner Filipone questioned if they have any alternative plans?  The sewer was originally to go to Broad Brook and the Commission suggested going to Route 140; what is the differential cost of going to Broad Brook?

Commissioner Filipone felt the overall thing is that the Town should enter into this agreement, but it didn’t want the Town to get hit with additional costs if the bids come in too high, or because of the completion date.   He suggested he will review it in more detail and provide comments in writing to Town Planner Whitten.

Commissioner Gowdy noted the Town meeting for this issue is November 17, 2005.

Commissioner Ouellette questioned if it were common to act on such an agreement before the project had received approval?  Town Planner Whitten suggested it’s judged as being something good for both the developer and the Town, and people felt it would be advantageous to look into this opportunity.

Commissioner Filipone noted they want waivers on 220 units, construction fee is $5,000 so it’s a $1.1 million credit.   Then we will give $500,000 so the Town is paying $1.6 million vs. $1.8 million cost; the Town is getting the sewer now rather than having to pay for it later.  Town Planner Whitten suggested the Town is getting the benefit of those hook ups.   Commissioner Filipone noted it’s 30% less because of the cost of prevailing wages.

BUSINESS MEETING/(3)  Staff Reports:

Town Planner Whitten reported the meeting to discuss the Sewer Avoidance Area will be held October 19, 2005 at 2:00 P. M. at the WPCA facility.

APPROVAL OF MINUTES:   No approvals this evening.

SIGNING OF MYLARS/PLANS:   None.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 9:37 P. M.

Gowdy moved/Kehoe seconded/VOTE:  In Favor:  Unanimous          

Respectfully submitted,

____________________________________
Peg Hoffman, Recording Secretary