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November 28, 2006 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1495
November 28, 2006

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


The Meeting was called to order in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. at 7:01 P. M. by Chairman Ouellette.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Gowdy, Guiliano, Menard, and Ouellette) and two Alternate Members (Farmer and Matthews) were present.  Regular Member Saunders and Alternate Member Tyler were absent.  Chairman Ouellette welcomed new Commissioners Menard and Farmer to the Board.  He noted Alternate Member Matthews would sit in on all Items of Business this evening.   Also present was Town Planner Whitten.

ADDED AGENDA ITEMS:

Town Planner Whitten noted Commissioners Ouellette and Matthews attended the site walk at Southern Auto Auction on November 22nd along with herself.   The Commission did not have a quorum; no motions were made and no actions were taken – it was just a site walk through the premises.

RECEIPT OF APPLICATIONS:

Chairman Ouellette acknowledged receipt of the following Applications:

        1)      Application of Aslan Enterprises for a Special Use Permit for excavation        and grading to create areas for horse paddocks and pasture for Narnia Farm, 309 Scantic Road.  [A-1 Zone; Map 39, Block 34, Lot 55].

        2)      Application of LTP Realty, Inc. for a 2-lot Resubdivision for property located at Newberry Road and Winkler Road (Newberry Village).  [A-1 Zone; Map 15, Block 17, Lots 19, 20 & 21].

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, November 16, 2006, and Thursday, November 23, 2006, was read by Commissioner Gowdy:

        1)      Application for Infoshred LLC for a Special Use Permit to allow a volume reduction center at 3 Craftsman Road, owned by 3 Craftsman Road LLC.  [M-1 Zone; Map 15, Block 19, Lot 12A].

CONTINUED HEARING:  Apothecaries Hall Enterprises, LLC – Special Use Permit to allow the continued excavation and removal of earth products, screening and crushing of products, and the grinding of stumps on property located on the south side of Apothecaries Hall Road.  [M-1, R-3 & A-1 Zones; Map 36, Block 65, Lots 1 & 7].  (Deadline to close hearing 12/19/06):

Chairman Ouellette read the Hearing description.   Appearing to discuss this continued Application was Jay Ussery of J. R. Russo & Associates, and Kevin Charbonneau.  Also present in the audience was Andre’ Charbonneau.

Mr. Ussery noted the Application is for the renewal of a Special Use Permit for a gravel operation;  the renewal process was begun at the last meeting and was continued to this meeting as there were a number of questions raised by the Commission.  They are submitting revised plans this evening.

Mr. Ussery noted they have added information to the front of the 100 scale sheet now indicating “limit of grading” which shows 42” high fence posts at 100’ intervals; the posts provide a benchmark of the elevations within the floor of the excavation.  Mr. Ussery also recalled they had been asked to provide information referencing the depth above groundwater.  He had thought they were required to remain 5’ above the groundwater table but was unable to find a reference to that limit in either the prior, or current, Zoning Regulations.   Mr. Ussery noted the current permit references a limit of 8’ above the groundwater table.   He researched old Commission Minutes and noted that during the 1989 application submitted by Manchester Sand and Gravel then Town Planner Giner had referred a copy of the plans to DOT for review.   Comments returned from DOT refer to an 8’ depth to the groundwater table under Item 4, and also addresses concerns with regard to fuel storage on site under Paragraph 5; Mr. Ussery read same FOR THE RECORD.  He also referenced a communication from Eric Scherer, then employee of the Soil Conservation Service, indicating that agency preferred a 10’ separation.  As a result of this correspondence Mr. Ussery suggested then Town Planner Giner set a condition of an 8’ separation distance.  They have now added reference to the borings on these plans.   The flow is southwest to the northwest; the groundwater becomes deeper as the property goes towards the railroad tracks.   Mr. Ussery also noted that when Manchester Sand and Gravel first came through there was an area that naturally ponded; in that area the groundwater is at elevation 118 – 118.5 while the elevation is about 121 – 122.  

Commissioner Gowdy questioned if that area has been filled to bring it up?  Mr. Ussery indicated it has been filled somewhat and could be filled more, as it’s an area they have discussed reclaiming in the future.  Commissioner Guiliano suggested it would be to the Applicant’s advantage to fill the area as much as they can before they return the area to an agricultural use.   Mr. Ussery suggested the current owner has no intent for this area be used for a subdivision, while some areas further to the north might be considered in the future.  Although the State Health Department only requires an 18” depth between groundwater and septic systems built within native soil the Applicant would like to have an 8’ – 10’ range.

Mr. Ussery also recalled that another question raised at the previous meeting was the proximity of Phase 10 to another approved gravel operation.   The only operation he is aware of is the former Maslak pit which has now been purchased by Botticello.  He has scaled the distance between Phase 10 and the former Maslak pit and found it to be 4800’, which is less than the 1 mile referenced in the Zoning Regulations, Section 12.10.8.   Mr. Ussery suggested if the consideration is between driveways of each operation the distance is 4200’.  Town Planner Whitten READ FOR THE RECORD Section 12.10.8, noting the reference to any new expansions.   Mr. Ussery felt this operation is a grandfathered pit.  He indicated he would like to think the Special Use Permit allows the Commission latitude with regard to expansion; he recalled that they did allow the expansion of Phase 8 to allow for the exchange of fill with NORCAP.   Commissioner Guiliano felt the Commission allowed that operation at that time because it kept truck traffic off local roads by moving within the pits; Mr. Ussery agreed.

Chairman Ouellette questioned if staking between the Phase lines would help?  Mr. Ussery didn’t think that would work; it’s important to get vertical control and set the perimeter posts.  Town Planner Whitten noted she has added Conditions 5 and 6 which reference the need for anti-tracking pads and the horizontal and vertical controls.  

Commissioner Matthews felt there were a lot of issues involved in this Application and the Applicant is asking for a 2 year time frame.  Mr. Ussery noted they would be putting the stakes in within a couple of weeks, and reclamations would occur on 6/15, 8/31, and 11/7/2007.  He suggested there would be a 13+/- acre area of reclamation, which is approximately 1/3 of the current excavation.   Commissioner Matthews suggested the Commission grant a one year extension and have the Applicant return for additional discussion within the year; Mr. Ussery suggested they were given a shorter time period last time.

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

MOTION: To CLOSE the Public Hearing on the Application of  Apothecaries Hall Enterprises, LLC – Special Use Permit to allow the continued excavation and removal of earth products, screening and crushing or products, and the grinding of stumps on property located on the south side of Apothecaries Hall Road.  [M-1, R-3 & A-1 Zones; Map 36,                     Block 65, Lots 1 & 7].  

Gowdy moved/motion failed for lack of second

Chairman Ouellette queried the Commission for comments.   Commissioner Farmer had no concerns at present.  

Commissioner Matthews questioned if they were allowed to excavate within the 8’ finished limit?   Mr. Ussery clarified not below the finished grade on the plans, noting that there is an area (approximately 10% of the original permitted area) where they don’t have the 8’ separation, and never did.   It’s a sedimentation area; the finished grade is 120+/- and the groundwater elevation is 118.5+/-.  Manchester Sand and Gravel had a sedimentation basin there, which was a puddle of water.   Commissioner Matthews requested the boundary of that area be delineated on the map.  Mr. Ussery also suggested they could fill as they go away from that area to get up to the 8’ distance.   Commissioner Guiliano indicated he would like to see them fill as much as possible to get close to the 8’distance.   Commissioner Menard questioned if that would cause a water problem elsewhere?  Mr. Ussery suggested if they fill the area too high it will send the water to Ketch Brook.   He would like to retain water in the sedimentation basin, but he felt he could get up to elevation 125.

Commissioner Gowdy questioned Town Planner Whitten if there were any conditions in the proposed approval motion indicating what could be planted in the low area?  Town Planner Whitten indicated nothing currently.  Commissioner Gowdy requested a condition prohibiting the planting of corn or tobacco which require large quantities of nitrate.

Commissioner Gowdy questioned if there was any impervious area within the operation now?   Mr. Ussery replied negatively, noting that at one of the previous Hearings an on-site fueling area was discussed.  Instead they have someone who comes in daily to fuel and grease the machines.  Commissioner Gowdy suggested installing a small pad for the maintenance and oiling of equipment.

Commissioner Gowdy noted the current conditions reference an average of 60 trucks/day or 300/week; what would happen if you had 300 trucks in a day – would the operation be shut down?   Mr. Ussery suggested the number of trucks varies; they could have 100 one day and 30 the next.   Town Planner Whitten suggested if they had 300 trucks a day there would be complaints.  Mr. Ussery noted conditions also allow them to operate Monday through Friday; that was subsequently changed to allow operation on Saturday until noon.

Chairman Ouellette questioned the Commission’s opinion regarding the 1 mile radius of the entrance from other landfill operations?   Commissioner Gowdy questioned, respectfully, the validity of the distance if scaled on the map sized referenced.  Commissioner Guiliano suggested he isn’t bothered that much by the distance; this is an operation that’s been there some time.  Commissioner Menard questioned if that requirement is in the regulations, and everyone is comfortable with this operation, how do you waive it?   Town Planner Whitten suggested this gravel pit and another were grandfathered and that regulation came in after; the Commission has no provision to waive new regulations.  Commissioner Gowdy concurred with Town Planner Whitten’s comment regarding the grandfathered pits.  Commissioner Matthews suggested he had nothing additional.  Commissioner Farmer suggested his primary concern was that the Applicant started working before the Application came in.   He’s ok with the grandfathered pits but does have an issue with the distance.   Commissioner Guiliano noted the Commission has asked the Applicant to add the stakes to mark the distance.   Commissioner Gowdy noted they have added Phase 10 to the renewal Application because they had begun it before approval.  Commissioner Farmer noted there were no neighbors present at the Hearing complaining; probably it’s not that much of an issue.

Chairman Ouellette queried the audience for comments:

Bill Loos, Melrose Road:  regarding the grandfathered issue, in the 40s the pit was by the Town of East Windsor for gravel; his father took gravel out with Bernie Schortmann; it isn’t new.   The town owns “the road” through to Dempsey Road.

Town Planner Whitten READ FOR THE RECORD the additional proposed conditions.

MOTION: To CLOSE the Public Hearing on the Application of  Apothecaries Hall Enterprises, LLC – Special Use Permit to allow the continued excavation and removal of earth products, screening and crushing or products, and the grinding of stumps on property located on the south side of Apothecaries Hall Road.  [M-1, R-3 & A-1 Zones; Map 36,                     Block 65, Lots 1 & 7].  

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

Commissioner Guiliano questioned the Commission’s intent on changing the renewal permit from two years to one?  Town Planner Whitten noted the Commission has added the condition to submit “as-builts” every 6 months; if there are problems with the roadway the Commission can call the Special Use Permit and make the Applicant come back.  Chairman Ouellette suggested Condition #6 gives the Zoning Enforcement Officer the ability to revoke the permit.   Town Planner Whitten concurred; the Commission has recourse, and the Applicant has submitted a Reclamation Schedule through 2007.  Commissioner Matthews indicated he prefers 1 year.  Commissioner Gowdy suggested if the Applicant is submitting “as-builts” every 6 months the Commission will know if things are going along on schedule.  Chairman Ouellette felt there are safeguards built into the permit already.  Town Planner Whitten noted conditions were taken from the Ellington Regulations.   Commissioner Gowdy indicated he didn’t have a problem with 2 years; Chairman Ouellette was comfortable with 2 years; Commissioner Guiliano agreed; Commissioner Farmer indicated he was ok with 2 years.   Commissioner Matthews indicated he is now ok with 2 years; he felt one year would apply more discipline but the Commission will be able to review the “as-builts”; Commissioner Menard was ok with 2 years.

MOTION TO APPROVE the application of André Charbonneau d.b.a. Apothecaries Hall Enterprises, LLC for a Special Use Permit/Excavation to renew, expand and allow the continued excavation and removal of earth products, screening and crushing of products and grinding of stumps on property consisting of 208 ± acres located on the south side of Apothecaries Hall Road and east of the Penn Central Railroad right-of-way.  The property is presently zoned M-1, A-1 and R-3 and is shown on Assessor’s Map 36, Block 65, Lots 1 and 7.  The approval is for a 2-year duration to expire on November 9, 2008.  This approval is granted subject to conformance with the referenced plans and the following conditions:

Referenced Plans:

“Compilation Plan, prepared for Apothecaries Hall Enterprises, LLC, Charbonneau Gravel Pit, Apothecaries Hall Road, East Windsor, CT Map 36, Block 65, Parcel 1 & 7”, prepared by J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 860/623-0569, fax 860/623-2485, revised through 10/20/06.

Sheet 1 of 10, scale 1”=100’, revised through 10/20/06
Sheet 2-10 of 10, scale 1”=40’, revised through 10/20/06

CONDITIONS:

Conditions that must be met prior to signing of mylars:

1.      The name and phone number of an individual for 24 hour emergency contact for erosion control problems must be noted on the plans.  Any changes in the individual responsible for emergency contact must be reported immediately to the Planning and Zoning Department.

2.      A $35,000.00 (renewal of existing bond on file) performance bond with additional amount as set by Town Engineer for additional phase 10, with surety acceptable to the Town Attorney shall be provided by the applicant prior to the signing of the mylars.

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 mylars.

Conditions that must be met prior to issuance of permits:

4.      One set of final plans, with any required revisions incorporated on the sheets shall be submitted for signature of the commission.  The signed plans shall be filed in the Planning & Zoning Office by the applicant prior to issuance of any permits.

5.      A full anti-tracking pad, or similar treatment must be installed prior to the paved apron leading onto Apothecaries Hall Road. Any erosion and sedimentation control measure must first be approved by the Town Engineer

6.      In order to ensure the site is graded in accordance with the approved plan, vertical and horizontal control points shall be setup around the entire perimeter of the parcel.  Such control points shall be:     a) noted on the approved plan
        b) spaced no farther than 200 feet apart; and
        c) set in the ground with iron or steel stakes at least ¾ inches in diameter and 30     inches in length.  
In addition, the applicant shall be required to provide the Zoning Enforcement Officer with as-built drawings six months after the issuance of the permit to demonstrate compliance with the approved grading plan.  Any deviation from the approved plan shall be a violation and cause for revocation of the permit

7.      No phase may begin until the previous phase has been substantially completed except for the phase containing the reclamation plan as indicated on the referenced plans.

8.      Prior to the start of any new phase, the applicant shall submit evidence of conformance to the approved plans for the previous phases including a certified as-built survey showing finished grades.

General Conditions:

9.      A zoning permit shall be obtained prior to the start of any work or new phase.  No zoning permit shall be issued until a cash or passbook bond for site restoration, erosion and sedimentation control has been submitted.  Such bond shall be good for the life of the permit/project.  Any funds that may be withdrawn by the Town for such maintenance shall be replaced within 5 days or this permit shall be rendered null and void.

10.     Operation of the gravel pit may include:

a.      Temporary grinding of stumps pursuant to the conditions of a Special Permit approval granted on April 8, 1997 and pursuant to provisions of Section 9 and 9A.5.
b.      Temporary screening of excavated material pursuant to provisions of Section 9 and 9A.5.
c.      Temporary crushing of rock and gravel mined on-site only with portable crushing apparatus and pursuant to provisions of Section 9 and 9A.5*.
d.      Excavating, moving, piling, loading and removal of sand, gravel, fill, trees, stumps and brush.  “Clean fill” as defined by Connecticut DEP standards may be brought in to the reclamation area to bring grades into conformance with the approved plans.

*   Approval of a temporary crushing operation was assumed on August 9, 1994 when, by incorporation into the approved plans, the Commission sanctioned this use.  There is no mention in any of the previous motions of a crushing facility, however the use was presented to the Commission at the public hearing on July 12, 1994.  Then Planner José Giner advised the Commission on that evening that the “regulations allow for crushing plants as well; both requests (a fueling tank was the other request approved) are items to be decided at the Commission’s discretion.”  A subsequent approval on April 8, 1997 was granted with the portable crusher shown on the plans.  It is my opinion that in taking this action, after the effective date of the volume reduction facilities, the Commission made this a conforming use at the site.  The stump grinder, screener and excavation activities are all activities that have been explicitly approved through the Special Permit process.  Though no reference in any previous motions speak to the crushing operation, its approval is implied through past Commission approval of plans which show the crusher at this location.

11.     The final grading shall conform to the proposed final grading as indicated on the referenced plans; but in no case shall any final slope be steeper than a rise to run ratio of 1:3, also knows as a 33% slope.

12.     In the event that the operation ceases before all phases are completed, the remaining land shall be graded to leave no slope exceeding 33%.

13.     As each area or phase is graded to final contours, the ground shall be back covered with topsoil or loam to render it usable for growing agricultural products.  All areas will require a minimum of 6 inches of topsoil in accordance with the regulations.

14.     No trees, brush or stumps shall be buried on site.

15.     The driveway to the pit shall be maintained in a hard surfaced, paved condition from Windsorville Road inward for a minimum distance of two hundred feet.  The driveway shall be cleaned regularly to minimize the dust nuisance created by exiting traffic.

16.     An oversized gravel anti-tracking pad leading to the driveway shall be installed and maintained to further minimize dust nuisance.

17.     The gate across the driveway into the pit shall be maintained in good condition and kept closed and locked during all times when the pit is not in operation.

18.     A stop sign shall be maintained at the entrance to the pit during operating hours in such a way so that outgoing traffic from the pit can be reasonably expected to see it before entering Windsorville Road.

19.     A “Private Property – No Trespassing” sign shall be maintained at the entrance to the pit facing outward toward Windsorville Road.

20.     The total number of loaded, or partially loaded, outgoing trucks from the pit shall not exceed an average of sixty (60) trucks per day or a maximum of three-hundred (300) trucks in any one week period, counting Monday through Friday.

21.     The pit shall not be opened or operated before 7:30 a.m. and shall not be opened or operated later than 5:00 p.m. on weekdays, Monday through Friday.

22.     The pit shall not be open or operated on weekends.

23.     Measures to minimize the dust nuisance from the site shall be provided by the applicant for review and approval of Town staff.  Additional measures are to be undertaken if required by staff if field conditions necessitate.

24.     The “Best Management Practices” outlined by the Hartford County Natural Resource Conservation Service shall be adhered to.

25.     The applicant shall adhere to all conditions of their Inland Wetlands Permit.

26.     The vegetation (trees) to be removed shall be accomplished in one step and the topsoil shall be stripped off and stockpiled immediately or a temporary vegetative cover implemented.

27.     Certified as-builts showing contours of completed and active areas shall be submitted to the Planning and Zoning Department no later than July 1 of each year that this permit is in effect.

28.     Finished grades may not be closer than 8’ to the water table.

29.     There shall be no on-site maintenance of equipment unless it is a clear emergency.  Town staff shall be notified if such emergency exists.

30.     There shall be no bulky waste or debris disposal allowed on the site.  The operator of the pit shall provide adequate security measures to prevent unauthorized waste disposal.  Any unauthorized disposal shall be cleaned up and disposed of off site by the operator of the pit.

31.     The project shall be carried out in phases as shown on the plans.

32.     All trucks and equipment shall be parked off-street.

33.  Upon completion of the excavation, the land shall be cleared of all debris and a                           minimum of six (6) inches of topsoil shall be spread over any disturbed areas.

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

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

36.  This project shall be executed and maintained in accordance with the approved plans        and conditions.  Minor modifications to the approved plans which result in lesser       impacts may be allowed subject to staff review and approval.

37.  By acceptance of this permit and conditions, the applicant and owner 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.

38. This approval shall expire on November 9, 2008 or upon completion of the project,   whichever occurs first.

(Additional Conditions):

39.  Applicant shall delineate area on final map that may not meet minimum 8’ separation to groundwater.  Final closure of delineated area may be filled and regraded to increase separating distance.

40.  In areas that do not meet 8’ separating distance to groundwater certain    agricultural uses that utilize large quantities of nitrate application and/or use       chemicals which have been implicated in groundwater pollution elsewhere in      Connecticut shall be prohibited.   This note shall be added to final plans.

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

NEW HEARING:  Infoshred LLC -  Special Use Permit to allow a volume reduction center at 3 Craftsman Road, owned by 3 Craftsman Road LLC.   [M-1 Zone; Map 15, Block 19, Lot 12].  (Deadline to close hearing 1/2/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Jack DiPiaza, General Manager for Infoshred and property owner.  

Mr. DiPiaza described the business as confidential record destruction and storage in which he collects material from clients and either stores or shreds same for companies.  Mr. DiPiaza reported he currently has a location in South Windsor; Town Planner Whitten has suggested he file an Application for a volume reduction facility.  99% of the processed material is paper; other material is non-recyclable items such as computer hard drives.  Mr. DiPiaza reported he has contracts to shred counterfeit (stolen) clothing for the FBI and police uniforms.  

Chairman Ouellette questioned what Mr. DiPiaza does with the bulky waste?   Mr. DiPiaza reported there is no bulky waste; the material is shredded and bailed, then shipped off site and sold through paper brokers.   There are no chemicals involved.  Commissioner Gowdy questioned if this approval were granted could he take in bulky waste?  Town Planner Whitten suggested the Commission is only considering/approving his application; anything else would be an amendment to the permit.  Mr. DiPiaza reported this is not a garbage company; he recycles paper.  Town Planner Whitten advised the Commission she had a hard time calling this a volume reduction facility when Mr. DiPiaza discussed this with her.   He is taking bulky materials, reducing it, and sending it out, but he just deals with paper.   In the strictest interpretation it is a volume reduction facility and it is allowed in this zone.    Chairman Ouellette suggested it should be a condition of approval.   Mr. DiPiaza requested the condition reference that it is confidential material; it’s the same volume but it is shredded.  He would be processing 5-600 tons a month.   Town Planner Whitten suggested if it was stored materials it would be the same concept.  

Commissioner Gowdy referenced Section 9.8.5(1) which requires the Applicant to submit a traffic study.   Mr. DiPiaza reported one tractor trailer a day comes to the property; he has twelve 24’ box trucks and two smaller vans.  The vehicles leave the property between 5 and 7 A.M. and come back between 2 and 5 P. M.  There are no lines of traffic in the street.   Commissioner Guiliano questioned that he didn’t have street traffic?  Mr. DiPiaza indicated he would let homeowners bring in small amounts of materials but that’s not his core business.  Town Planner Whitten suggested a warehouse would have much more traffic and is permitted in this zone; traffic is not a concern with this Application.  Commissioner Gowdy suggested he will have 24+/- trucks/day coming and going.  Town Planner Whitten suggested all the permitted uses for this zone have more than that number per day.  

Commissioner Guiliano questioned if the Applicant would run the shredder on his property?   Mr. DiPiaza replied affirmatively, but it’s inside and it’s below the decibels required by OSHA.   Commissioner Guiliano cited a similar shredder is run on property near his place of employment every day, and its operation is somewhat noisy.  Mr. DiPiaza questioned whose truck is it; Commissioner Guiliano replied it was Mr. DiPiaza’s.    Mr. DiPiaza reported they are diesel trucks which run at 1500 rpms; he would only be running the trucks outside if they were being tested, or if his primary shredding lines were down for some reason and he needed to get the shredding done in 24 hours.   The facility would be open 5:00 A. M to 5:00 P. M. Monday through Friday; you shouldn’t hear the shredders outside the building.   

Commissioner Menard questioned if Mr. DiPiaza expected to expand?   Mr. DiPiaza replied affirmatively.   Commissioner Menard questioned if the truck traffic would expand as well?   Mr. DiPiaza reported the truck traffic is minimal; they have 6 loading docks now and plan to expand.   Commissioner Gowdy questioned that if they have 12 trucks sitting on site at night………Mr. DiPiaza reported nothing is older than a 2000 model; he is replacing Internationals with Kenworths.  He has won awards from OSHA; he is not interested in contaminating his own land.  

Commissioner Matthews noted the Applicant is proposing parking that extends close to the road.   He suggested that area is a park-like campus; the building next to Mr. DiPiaza is nicely landscaped.   He would like to mitigate the impact of the trucks parking on the adjacent property.  Mr. DiPiaza reported he is not opposed to adding more trees; he does not own the South Windsor facility but it is well maintained by him.  Commissioner Matthews cited Sleepy’s across the street;  that parking is autos.  Commissioner Matthews felt the trucks will detract from the area.  Commissioner Matthews indicated he is referring to the 4 to 5 spaces within the front yard.    Town Planner Whitten clarified that to be the new parking; she questioned that Commissioner Matthews would like to see buffer plantings around the road?   Commissioner Matthews indicated he wants to see those 4 to 5 parking spaces eliminated.  Town Planner Whitten suggested the Applicant is within the allowable parking.   Commissioner Matthews questioned the road set back; Town Planner Whitten clarified the 60’ set back is for the building.  Commissioner Matthews reiterated he felt the trucks in the front will detract from adjacent areas.  Mr. DiPiaza showed the Commission a brochure which included photos of the trucks, noting the trucks are part of the presentation of his business.  Commissioner Gowdy felt additional plantings would be sufficient.  Mr. DiPiaza indicated he wasn’t opposed to additional plantings.   Chairman Ouellette suggested the plantings could be handled administratively by staff.

Commissioner Farmer cited his concern for debris blowing away from the building on a windy day.   Mr. DiPiaza reported the material is transported in locked trailers which move into a vacuum connection; he can’t allow materials to blow off the site; it’s a security breach for his business.   He suggested he does business with 85% of the State hospitals, also Pfizer, Mass Mutual; his is a security oriented business.  Mr. DiPiaza cited his current location at 330 Nutmeg Road, South Windsor as an example of the operation.

Chairman Ouellette questioned if the possibility of the shredders running on the trucks did occur when would it happen?   Mr. DiPiaza reiterated the shredding really occurs inside the building; they drive the trucks up to a ramp, run an exhaust hose out of the building and dump the material into the shredding pit.  The shredding would only occur on the trucks if the primary and secondary shredding lines inside the building broke down.

Chairman Ouellette noted receipt of memo from Town Engineer Norton who took no exception to the plans as submitted, and a notice of action from the Inland/Wetlands Commission which took no jurisdiction.

Commissioner Matthews questioned if there was any resolution to the 12 parking spaces or less?   Chairman Ouellette noted the Applicant will propose vegetation around the parking spaces and staff will review the plantings; the number of spaces will be the same.   Commission Matthews indicated he objected to that.  Mr. DiPiaza noted he needs to plug the trucks in at night.   He has 14 trucks now and it’s difficult to turn around down in the driveway, so it would be better to turn around up front.   He is also within the allowable parking.   Chairman Ouellette questioned if the trucks could be moved to another area?   Mr. DiPiaza reported the other area is employee parking.  Commissioner Matthews questioned where the trailers pull in, where the shipping/receiving is, where the employee parking is.  Chairman Ouellette felt the Applicant really couldn’t do much different with the parking.  Commissioner Matthews indicated he didn’t object to the parking but the location.  Chairman Ouellette suggested if the Applicant was proposing the parking locations perhaps they could shift some vehicles but this is existing parking.  Commissioner Gowdy suggested this is industrial parking; he didn’t feel the Applicant was asking for anything outrageous.  

Chairman Ouellette queried the audience for comments:

Herb Holden:  reported he is a local businessman, he felt this guy has a wonderful plan and would be an asset to the Town.   When he was on the Economic Development Commission they would have been happy to have him come in.

Bill Loos:  questioned if the plant is sprinklered?   Mr. DiPiaza replied affirmatively.

Kathy Pippin:  wishes everyone who came in was as well prepared; this has been an excellent experience listening to him.

MOTION: To CLOSE the Public Hearing on the Application of  Infoshred LLC for a  Special Use Permit to allow a volume reduction center at 3      Craftsman Road, owned by 3 Craftsman Road LLC.   [M-1 Zone; Map 15, Block 19, Lot 12].

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

MOTION TO APPROVE, the application of Application of Infoshred, LLC,  requesting a Special Use Permit  per Section 9A.5 of the Zoning Regulations to operate a volume reduction facility along with site plan modifications at  3 Craftsman Road. M-1 Zone. (Map 15, Block 19, Lot 12A) 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 Development Plan prepared for Infoshred, LLC, ( East Windsor Industrial Park), Tax parcel id 15-19-12A, property located at 3 Craftsman Drive, East Windsor, CT , prepared by Alford Associates, Inc., Civil Engineers, Windsor CT 860/668-7288 scale 1” = 20’, dated Feb 23, 1999, last revised 11/13/06,

-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
4.      Special Use Permit shall be filed on the land records in the Town Clerks Office.

Conditions which must be met prior to certificates of compliance:

5.      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.  

6.      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.

7.              This application specifically allows the storage and processing of paper products       on the subject site.  All storage and processing must be performed within the   structure.

General Conditions:

8.      Conditions as set forth in Section 9.A.5 of the East Windsor Zoning Regulations shall be adhered to.

9.      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.

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

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

(Additional Conditions):                

15.     Landscaping that will act as a visual buffer shall be added around the edge of  the new parking area.   Landscaping to be approved by Town Planner.

16.     Volume reduction shall be limited to secure/confidential items, i.e. paper,     uniforms, evidence, etc.

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

MOTION: To TAKE A FIVE MINUTE BREAK.

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

The Commission RECESSED at 8:40 P. M. and RECONVENED at 8:47 P. M.

OTHER BUSINESS:  Road Acceptance:   Cobblestone Drive:

Town Planner Whitten reported the road has been finished for some time.   She was unfamiliar with the process as a new Planner; Town Engineer Norton has submitted a memo indicating there are no problems with the road.  This is a request for the Commission to refer approval of this road as a town road to the Board of Selectmen who then send it on to a Town Meeting.

MOTION TO APPROVE the acceptance of Cobblestone Drive associated with Chamberlain Farms Subdivision.  The Commission recommends that the Board of Selectman take measures for the Town of East Windsor to formally accept these streets and easements.

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

OTHER BUSINESS:  Road Acceptance:  Hemlock Drive & Juniper Court:

Town Planner Whitten indicated this was the same issue as the previous Item of Business.  She noted this referral is for Phase I of Hemlock Drive and Juniper Court and the easements associated with those roads.   The easements go into Phase II for drainage but this referral is not taking over that part of the road; the Town will be responsible for plowing up to the last driveway but not the turnaround.  The homeowner will be able to back out of their driveway.   

Chairman Ouellette questioned how the bond reduction will be handled?   Town Planner Whitten noted the bond is not being released at this time; the Town still has a Maintenance Bond pending on this.  We are only referring the acceptance of the streets with the associated easements.

MOTION TO APPROVE the acceptance of Hemlock Drive and Juniper Court and associated drainage easements with reference to Hemlock Court Subdivision, Phase 1.  The Commission recommends that the Board of Selectman take measures for the Town of East Windsor to formally accept these streets and easements.

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

BUSINESS MEETING/(1) Review of Bylaws:

Town Planner Whitten noted the revisions have been listed in bold for the Commission’s review.

MOTION: To ACCEPT the Town of East Windsor Planning and Zoning Bylaws                   as written and modified at the Commission’s regularly scheduled                         November 28, 2006 Meeting.

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

BUSINESS MEETING/(2)  Discussion on Zoning Regulations – Definitions:

Submitted for the Commission’s review and comments at the next meeting.
BUSINESS MEETING/(3)  Correspondence:

Town Planner Whitten noted receipt of the Zoning Bulletin.

Chairman Ouellette noted receipt of the letter from resident Paul Anderson.   Town Planner Whitten indicated a Special Use Permit runs with the land; the applicant can sell the business at any time and the new owner should follow the conditions of the permit.   She didn’t feel the suggestion made in the letter could be done; the applicant can sell the business the next day after an approval.   Commissioner Matthews requested other towns be reviewed for similar situations.    The Commission felt the applicant’s track record shouldn’t sway an approval decision.

BUSINESS MEETING/(4) Staff Reports:

Town Planner Whitten referenced enforcement letters sent out by Zoning Enforcement Officer Rudek.

APPROVAL OF MINUTES:  November 14, 2006:

Not submitted.

ADJOURNMENT:

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

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


Respectfully submitted,



Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission