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June 13, 2006 Minutes
Planning and Zoning Commission

Public Hearing #1485
June 13, 2006

***** Draft Document - Subject to Commission Approval *****

The meeting was called to order at 7:03 P. M. by Chairman Guiliano in the Meeting Room of the Town Hall, 11 Rye Street, Broad Brook, CT.


A quorum was established as two Regular Members (Gowdy and Guiliano) and one Alternate Member (Matthews) were present.  Regular Members Ouellette, Rodrigue and Saunders, and Alternate Members Kehoe and Tyler were absent.   Chairman Guiliano noted Alternate Commissioner Matthews will sit in on everything this evening.  Also present this evening was Ex-Officio Member Selectman Filipone, and Town Planner Whitten.



1)      Application of Edward Howell, Warehouse Point Fire District, for Temporary Liquor       Permit for annual Fireman’s Carnival to allow beer garden on July 28 & 29 from 6:00 p.m. to 1:00 a.m.   [B-1 Zone; Map 1, Block 12, Lot 2].


PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS:  Timothy Coon, J. R. Russo & Associates - Request for one-year extension of Special Permit for Wingate Inn, 49 & 53 Prospect Hill Road.  (Previous extension due to expire on 7/13/06):

Chairman Guiliano read the description of this Item of Business.  He noted receipt of letter dated June 1, 2006 from Timothy A. Coon, P. E. of J. R. Russo & Associates regarding a request for a one year extension to begin construction for the Wingate Inn and Day Spa at 49 and 53 Prospect Hill Road.   

Chairman Guiliano questioned the reason for the request for extension?   Town Planner Whitten suggested she understood this may be an issue of financing; they are making every effort to continue with this project.

MOTION: To APPROVE a one year extension to commence construction for    proposed Wingate Inn and Day Spa at 49 & 53 Prospect Hill Road.   Said extension will expire on
July 13, 2007.

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

NEW HEARING:  Thomas K. Daniels - 2-lot resubdivision for property located at 11 and 19 Rolocut Road, owned by Marjorie Taylor and Anne Daniels.  [A-1 Zone; Map 8, Block 27, Lots S4, S5, & S6].  (Deadline to close hearing 7/18/06):

Chairman Guiliano read the description of this Public Hearing.  Appearing to discuss this Application was Attorney Carl Landolino, of Fahey and Landolino and Associates.

Attorney Landolino noted that as a preliminary matter they will be asking for waivers on this project; he understood it would require a 4/5ths vote to grant approval of those waivers.  Rather than give a presentation this evening and have to repeat it again he would ask for a continuation until the Commission’s next meeting to open the Hearing.  Chairman Guiliano concurred, noting that it’s the beginning of Summer and people are going away; Town Planner Whitten would call Attorney Landolino if the next meeting is canceled for any reason.   Attorney Landolino concurred.

MOTION: To TABLE THE OPENING OF THE PUBLIC HEARING for  Thomas K. Daniels - 2-lot resubdivision for property located at 11 and 19 Rolocut Road, owned by Marjorie Taylor and Anne Daniels.  [A-1 Zone; Map 8, Block 27, Lots S4, S5, & S6], and to TABLE THE            HEARING for the Application of Thomas K. Daniels - 2-lot        resubdivision for property located      at 11 and 19 Rolocut Road, owned by Marjorie Taylor and Anne Daniels.  [A-1 Zone; Map 8, Block 27, Lots S4, S5, & S6] until the Commission’s regularly scheduled meeting on June 27, 2006 at 7:00 P. M. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

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

NEW BUSINESS:  APD Engineering, PLLC - Administrative Site Plan Approval for proposed 8,150 square foot canopy over existing fenced garden center area and minor re-configuration of existing garden center at Wal-Mart, 69 Prospect Hill Road, owned by S. R. Weiner & Associates, Inc.   [B-1 Zone; Map 5, Block 14, Lot 7B].  (Deadline for decision 7/27/06):

Chairman Guiliano read the description of this Item of Business.   Appearing to discuss this Application was Carl Pilletteri, of APD Engineering, who was representing Wal*Mart.

Mr. Pilletteri indicated they are proposing to install an 8,150 square foot poly-carbonate canopy over a portion of the garden center in the area adjacent to the building; the remainder of the garden center will continue as an open area.  He noted this project is something that has been stipulated between the Connecticut Department of Environmental Protection and Wal*Mart; they must cover all the garden center areas where they are storing mulch, etc.

Mr. Pilletteri suggested there are no set back, parking, or coverage issues associated with this reconfiguration.  He noted the current percentage of lot coverage is 13.57%; the reconfiguration will increase the amount of lot coverage to 14.42% where 20% is allowed.  The lot coverage calculations will be provided to staff.

Mr. Pilletteri also indicated that Town Planner Whitten had noted the north elevation is presently missing from the plans; that rendering will be added.  Town Planner Whitten suggested the reason for her question regarding the north elevation is that is the area that would be most visible to the public.  Mr. Pilletteri noted there will be rear access doors and an entrance for pedestrians.  Town Planner Whitten questioned that the main entrance will remain where it presently is on the building?   Mr. Pilletteri replied affirmatively, noting there are no changes or intrusions to the existing fire doors or vestibule down the way.  He suggested approval of the elevation can be made a condition of approval.  

Commissioner Matthews noted Mr. Pilletteri had called this a canopy; he questioned if it would be open?   Mr. Pilletteri suggested there are rolled fabric walls that can be pulled down at night or during the day if it’s snowing or raining.  Town Planner Whitten suggested that realistically the only façade that will be visible will be the one to the north; you really won’t see much of this change.  Commissioner Matthews suggested that currently birds accumulate and contaminate the interior of the store; they build nests on every beam above every cavity - if you could eliminate the cavities in the new structure.   Mr. Pilletteri suggested the only place the birds will be able to enter would be when the pedestrian doors are open; he can’t really do much about that.  Mr. Pilletteri felt the pedestrian movement might discourage the birds from entering the building.  

Town Planner Whitten questioned if any additional signage was being proposed?   Mr. Pilletteri replied negatively.  Chairman Guiliano questioned if there would be any change to the lighting?  Mr. Pilletteri suggested there are interior lights and lighting underneath the canopy, but there should be no spillage of any kind.  

Chairman Guiliano noted he would like to see the addition of the condition that Town Planner Whitten review the elevation plans.

MOTION TO APPROVE Application of APD Engineering, PLLC and owner S.R. Weiner & Associates, Inc for a Site Plan Modification to construct a canopy addition at 69 Prospect Hill Road, occupied by WAL*MART – Assessor’s Map 5, Block 14, Lot 007B (B-1 Zone) This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions)

Referenced Plans:

·       Sheet C1  Wal-Mart Glazed Canopy Addition, Store #2282, 69 Prospect Hill Road, Town of East Windsor, Hartford County, CT Site Plan scale 1” = 30’       prepared by APD Engineering, 3445 Winton Place – Ste 208, Rochester, NY         14623  585/273-0273, Set Includes:
·       Sheet C2 – Utility, Grading and Erosion Control Plan
·       Sheet C3 – Detail Sheet

Architectural Plans , prepared by Chris M. Rhea,  6700 Antioch Plaza, Ste 300, Merriam KS 66204, 913/262-9095, dated 3/1/06

Sheet C3  – Cover Sheet
Sheet SP1 – Partial Site Plan and Details
Sheet A1  - Overall Floor Plan, Demolition Plan and Detail
Sheet A2 – Enlarged Floor Plan and Roof Plan
Sheet A3 – Elevations Sections and Details
Sheet A4 – Details and Schedule
Sheet A5  - Details

-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.      The boundary line adjustment must be filed on the land records.  A copy of the filed document  shall be submitted to the Planning Department.

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

6.      A cash (escrow) or passbook bond (made out to the applicant AND the Town of     East    Windsor) 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.

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

Conditions which must be met prior to certificates of compliance:

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

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

10.     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:

11.     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.

12.     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.

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

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

15.     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

16.     All landscaping shall be maintained.

(Additional Condition):

17.     North elevation will be reviewed by staff prior to issuance of Building Permit.

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

NEW BUSINESS:  Edward Howell, Warehouse Point Fire District - Temporary Liquor Permit for annual Fireman’s Carnival to allow beer garden on July 28 & 29 from 6:00 p.m. to 1:00 a.m. [B-1 Zone; Map 1, Block 12, Lot 2]:

Chairman Guiliano read the description of this Item of Business.   Appearing to discuss this Application was Edward Howell of the Warehouse Point Fire District.  

Chairman Guiliano questioned if the carnival had run to 1 o’clock in previous years?   Mr. Howell replied affirmatively.  Commissioner Gowdy questioned if they planned the same arrangement with the private duty police, etc.?   Mr. Howell indicated this year they are dropping Thursday night, and will be running the beer garden only on Friday and Saturday night; two police officers will work private duty during the carnival.

Chairman Guiliano questioned if the Planning Office had received any complaints last year?   Town Planner Whitten suggested not to her knowledge.  Mr. Howell reiterated that they will be hiring two police officers for private duty.  Commissioner Matthews questioned that the fire department serves the liquor and shuts people off if necessary?  Mr. Howell replied affirmatively, noting they also have a separate insurance policy for this situation.  Commissioner Matthews questioned if the police are paid by the Town or the fire department?   Mr. Howell indicated the police are paid from the proceeds of the carnival.

MOTION TO APPROVE the application of Edward Howell (Warehouse Point Fire District) for a special permit to allow a temporary liquor permit at 89 Bridge Street, East Windsor, Connecticut on July 28 & 29,  2006. Property owned by the Warehouse Point Fire District, presently zoned B-1 as shown on Assessors’ Map 01, Block 12 Lot 02. This approval is in accordance with Sections 2.7 of the Zoning Regulations.

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

BUSINESS MEETING/(1)  Correspondence - Letter from James A. Garland, 55 Rice Road (Re: Dog Kennels):

Chairman Guiliano noted receipt of letter from James Garland regarding regulation changes for dog kennel operations, etc.   Town Planner Whitten noted no one has appeared tonight to discuss this correspondence; their request had been to confer with the Commission on the content of this letter.  Town Planner Whitten suggested this is an area she had planned to work on after completion of the regulation changes pertinent to the residential construction moratorium.   The Commission and Town Planner Whitten considered the following changes:  limitation on the number of dogs, allowing use in a commercial zone rather than in the agricultural zones as is the present case.  Town Planner Whitten noted this is a growing field of business.   Chairman Guiliano requested Town Planner Whitten to research surrounding towns for sample regulations; Town Planner Whitten noted that was to be her suggestion.

BUSINESS MEETING/(2) Staff Reports:     

Nothing in addition to the correspondence included in the Commission’s packet.


MOTION: To ACCEPT the Minutes of Public Hearing #1484 dated May 23, 2006 as written.

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



MOTION:   To ADJOURN this Meeting at 7:34 and 40 seconds.

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

Respectfully submitted,


Peg Hoffman, Recording Secretary, Planning and Zoning Commission