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September 26, 2006 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1491
September 26, 2006

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


The Meeting was called to order at 7:07 by Chairman Guiliano in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

ESTABLISHMENT OF QUORUM:

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

ADDED AGENDA ITEMS:             None.

RECEIPT OF APPLICATIONS:

1.      Application of Justin K. Barber for Special Use Permit for Accessory Apartment at 60 Abbe Road, owned by Ethel Barber.  [A-1 Zone;  Map 39, Block 23, Lot 18]

2.      Application of Chris Corso, d/b/a Martini Grill, for Special Use Permit for Modification to liquor permit at 110 Main Street, Broad Brook.  [B-1 zone;  Map 37, Block 37, Lot 8A]

3.      Application of South Prospect Hill Road, LLC for a Zone Change from M-1 to HIFZ for property located on Prospect Hill Road at I-91 interchange #44.  [Map 11, Block 14, Lot 15]

4.      Application of Rockville Bank for a Special Use Permit for Modification to General Development Plan, to include 4,500 sq. ft. commercial building for use as offices and a bank, at 39 Prospect Hill Road, owned by South Prospect Hill Road, LLC.  [Map 11, Block 14, Lots 14 & 15]

5.      Application of Rockville Bank for Site Plan Approval for construction of 4,500 sq. ft. bank with drive-thru at 39 Prospect Hill Road, owned by South Prospect Hill Road, LLC.  [Map 11, Block 14, Lots 14 & 15]

6.      Application of The Bank of Western Mass. For a Special Use Permit for Modification to General Development Plan, to eliminate hotel and add a bank at 49 Prospect Hill Road, owned by 53 Prospect Hill Road, LLC  [HIFZ zone;  Map 12, Block 13, Lots 11, 12 & 13]

7.      Application of The Bank of Western Mass. For Site Plan Approval for construction of a 4,500 sq. ft. bank with drive-thru at 49 Prospect Hill Road, owned by 53 Prospect Hill Road, LLC.  [HIFZ zone;  Map 12, Block 13, Lot 13]

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS:  East Road Gravel Site (Herb Holden Trucking, Inc.) – Request for release of  bond:

Chairman Guiliano read the description of this Item of Business.   He noted receipt of the following:  1)  letter from Herb Holden requesting release of bond,  2)  memo dated 9/16/2006 from Town Engineer Norton noting his site visit and recommendation to release the bond as requested.   

Commissioner Ouellette questioned why the letter of request was dated in February and action was being taken now?   Town Planner Whitten noted there were issues to be addressed between the developer and the Town.   It was difficult to assess because there was excavation associated with the subdivision as well as well as excavation dealing with the gravel pit.   The Town was waiting for “as-builts”; those have now been received and everyone is satisfied.

MOTION TO APPROVE THE RELEASE OF THE Restoration Bond in the amount of $21,500.00 to Herb Holden Trucking, for the East Road Gravel Pit.

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

CONTINUED HEARING:  Carl Crane – Modification of Approved Special Use Permit at 118 Prospect Hill Road, owned by Crane Properties, LLC, to allow proposed forestry processing, storage and loading areas.  [M-1 Zone; Map 15, Block 10, Lot 7],  (Deadline for decision 11/16/06):

Chairman Guiliano read the Hearing description.   Appearing to discuss the Application was Carl Crane, of Crane Properties, LLC.  

Town Planner Whitten noted the Chairman was not in attendance at the previous meeting.  She summarized that Commissioner Matthews had some concerns with the proposal and wanted to review the site.   He has spoken with her yesterday and is ok with the application as long as some conditions were changed.  Town Planner Whitten referenced conditions #5 through #9, and read same FOR THE RECORD.   Commissioner Gowdy noted the condition that referenced a restriction of the noise level to 40 dBas at the property line; Town Planner Whitten suggested that should not be a problem.

Commissioner Matthews concurred that his concerns had been addressed.  Mr. Crane noted that the tires have been removed, the side of the building is now open; he is waiting for the dumpster to be delivered.   Commissioner Matthews questioned what about the hydrant?   Mr. Crane indicated it had been marked; they are waiting for the landscaper to mow around it and mark it permanently.  Commissioner Saunders questioned if the hydrant at the end of the road was working; it had a cover over it for awhile.  Mr. Crane replied affirmatively, noting the cover is off now; he believed they had painted it.

Chairman Guiliano questioned that trucks would be coming into and out of the property?   Mr. Crane replied affirmatively.  Chairman Guiliano questioned how many per day?   Mr. Crane noted he had between 10 and 12 with his operation; he doesn’t see it being any busier than that – maybe less.   Ten or 12 trucks was an average day with the logs and lumber and mulch.  Town Planner Whitten noted this is an expansion of what’s occurring on the site already.   Mr. Crane suggested it wasn’t really that; he’s trying to semi-retire.  What he was doing someone else will be doing.  

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

Chairman Guiliano questioned if the hours of operation will be the same?  Mr. Crane didn’t know if they had ever been written down, but everyone seems to clear out around 3:30.   It could be 4:30 or 5:00 but wouldn’t be two shifts.  Chairman Guiliano questioned what about Saturday hours?   Mr. Crane replied affirmatively, noting he has been doing a 6 day week at times.

Commissioner Gowdy questioned if there were retail sales to the public?   Mr. Crane suggested he never has and doesn’t see that happening; it was nothing they planned.  It’s difficult to get people to do things/work on Saturday.

Chairman Guiliano questioned the 40 dBa level?   Town Planner Whitten suggested that level is in the regulations; she cited Sections 9.1.2 and 9.1.2.11.   She noted they have been doing the same work and running the same machinery until now.  Mr. Crane concurred that nothing will change.   Commissioner Ouellette questioned if we were aware of any complaints?   Town Planner Whitten replied negatively.   Mr. Crane noted the site is buffered pretty well.  

Chairman Guiliano queried the Commission for additional comments; no one had any other concerns.

MOTION: To CLOSE the Public Hearing on the Application of Carl Crane for a                      Modification of Approved Special Use Permit at 118 Prospect Hill        Road, owned by Crane Properties, LLC, to allow proposed forestry processing, storage and loading areas.  [M-1 Zone; Map 5, Block 17, Lot PA].

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

MOTION TO APPROVE, the application of Carl Crane,  requesting a modification to Special Use Permit  to conduct a more intensive wood processing, storage and loading business at 118 Prospect Hill Road. M-1 Zone. (Map 5, Block 17, Lot PA).   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 Modification prepared for Crane Properties, LLC, East Windsor, CT, prepared by William R. Palmberg & Son, LLC, Land Surveyors, 178 North Maple Street, Enfield, CT 06082 860/763-3300, scale 1” = 40’, dated 8/9/06

-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.      Two final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  One shall be filed on the Town Land Records, and  one filed with the Planning and Zoning Department

Conditions which must be met prior to certificates of compliance:

4.      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.  
5.      The Fire Marshall must review application and sign building permit application.  Concerns such as height of wood chip piles, location of fire hydrant, and adequate management of saw dust should be considered and addressed.
6.        Limits of clearing should be shown.  All existing vegetative buffers shall be maintained on site
7.              All junk and debris such as old tires, inoperable vehicles, etc. must be removed prior to new occupancy (as agreed to by applicant)
8.              This application specifically allows the storage and processing of wood         products on the subject site.  This includes wood mulch, sawdust and other similar wood by-products.  In addition, the applicant may sell at wholesale or retail ,such wood by-products.

9.      Conditions as set forth in the original special use permit dated February 9, 2006 are hereby incorporated into this permit.  Conditions within this new permit may supercede  the previous conditions.

General Conditions:

10.     Conditions as set forth in Section 9.1.2 of the East Windsor Zoning Regulations shall be adhered to.
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.     A Zoning Permit shall be obtained prior to the commencement of any site work.
13.     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.
14.     Any modifications to the proposed drainage or grading for the site plan is subject to the approval of the town engineer.
15.     Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.
16.     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.

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

NEW BUSINESS:  Mark S. Webb – Site Plan Approval to allow contractors storage yard, along with non-conforming residence, at 84 Newberry Road, owned by Sophie Sitek Arnone.  [M-1 Zone; Map 15, Block 10, Lot 7]  (Deadline for decision 11/16/06):

Chairman Guiliano read the description of this Item of Business.   Appearing to discuss this Application was Mark Webb.

Mr. Webb noted he is the owner of Webb’s Landscaping; he wants to put up a contractor’s storage yard and would live in the house on the property.   He would then be able to have his business on the same property.  He would also like to put up a 4-bay garage.   Mr. Webb suggested he is in the process of buying the property.  

Town Planner Whitten noted the house is legally non-conforming.  She noted this is similar to the situation next to the Wilcox property further down Newberry Road.  That owner is living there and has a contractor’s storage yard.   She noted Mr. Webb would like to do the same.


Discussion followed regarding the non-conformity of the house; Town Planner Whitten noted the non conformity is not being extended/expanded.

Commissioner Ouellette questioned what was behind the lot?   Town Planner Whitten suggested it’s wooded wetlands.   Commissioner Saunders questioned if this property was part of the mushroom factory site?   Town Planner Whitten suggested it would abut up to the roadway but is not a part of that site.

Commissioner Ouellette questioned what Mr. Webb envisioned for lighting on the site; would there be any need for security lighting?  Mr. Webb didn’t think so; he suggested there may be motion lights.  He didn’t think anyone would go back there, and there are no houses with children nearby.  Town Planner Whitten suggested she didn’t feel the proposed building would be visible unless Mr. Webb intends to take down a lot of trees in front.  

Chairman Guiliano noted receipt of memo dated 9/19/2006 from Town Engineer Norton indicating he had no problems with the proposal; he read same FOR THE RECORD.

Commissioner Kehoe noted that both Wetlands and Town Engineer Norton have signed off on this Application but he didn’t find a copy of the Wetlands memo from Wetlands Agent Rudek in his packet.  Town Planner Whitten noted Wetlands Agent Rudek had said this would be an Administrative sign off.  She noted a copy of the Wetlands  Permit in the Planning File, and read same FOR THE RECORD.

Chairman Guiliano requested the addition of Condition #15 – “Any proposed lighting should be reviewed by Staff.”

Commissioner Matthews noted there is no condition regarding the table of impervious calculations suggested in Town Planner Whitten’s memo.   Town Planner Whitten suggested those can be added to the final plans.

Chairman Guiliano queried the Commission for additional comments; no one had any further concerns or questions.

MOTION TO APPROVE the application of  Mark S. Webb requesting a site plan approval for a proposed contractors storage yard at 84 Newberry Road, M1 zone (Map 15, Block 19, Lot 7)
This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:

        Referenced Plans:

-       Sheet 1 of 1  Zoning Location Survey, prepared for Mark Webb, 84 Newberry Road, East Windsor, CT, Map 19, Block 19, Lot 7 Zone M1 prepared by Gary B. LeClair,


        LLC, licensed land surveyor, 36 Suffield Street, Ste 2, Windsor Locks, CT 06096 860/627-8200 scale 1” = 20’ dated 8/25/06, rev. 9/8/06: 

-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 .

(Additional Condition):

15.     Any proposed lighting should be reviewed by staff.

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

BUSINESS MEETING/(1)  Correspondence:

Chairman Guiliano noted receipt of the following:

        *       Brochure regarding the CCM convention at the Crowne Plaza in            Cromwell, Tuesday,  October 3rd.

        *       Brochure regarding the Connecticut Department of Public Health training                         sessions, October 10/24th or 11/16th.

BUSINESS MEETING/(2)  Staff Reports:

Town Planner Whitten reported she and the Commission’s consultant, Don Poland, are working on the changes for the final draft of the Zoning Regulations.   She hopes to have them to hand out to the Commission members at the October 10th Meeting; members can review them for discussion at the October 24th Meeting.


APPROVAL OF MINUTES – September 12, 2006:

MOTION: To APPROVE the Minutes of Public Hearing #1490 dated September 12, 2006 as written.

Gowdy moved/Ouellette seconded/
                VOTE:   In Favor:       Gowdy/Kehoe/Matthews
                                Opposed:        No one
                                Abstained:      Guiliano/Saunders

SIGNING OF MYLARS/PLANS:

*       Dunkin Donuts, 216 Main Street.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 7:45 P. M.

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

Respectfully submitted,

_____________________________________________________
Peg Hoffman, Recording Secretary, Planning and Zoning Commission