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December 12, 2006 Minutes

Public Hearing #1496
December 12, 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 7:00 P. M. by Chairman Ouellette.


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

ADDED AGENDA ITEMS:             None.


Chairman Ouellette acknowledged receipt of the following Applications:

        1)      Application of Jason Roy for a Special Use Permit for a dealer/repairer                         license located at 80 – 82 South Main Street.  [TZ5 Zone; Map 28, Block 5, Lot 4].

        2)      Application of David Monaco for a Special Use Permit for a Residential                  Unit over Commercial Space at 112 Main Street, Broad Brook.  [B-1 Zone; Map 22, Block 37, Lot 8A].

        3)      Application of David Monaco for a Text Amendment to Section 8.1.6 of                    the Zoning Regulations to allow residential units below the first story in commercial buildings.

        4)      Application of Herb Holden Trucking, Inc., for a Text Amendment to                      Section 12.5.4 of the Zoning Regulations, to add waiver provisions to Section 12, Excavation.


The following Legal Notice, which appeared in the Journal Inquirer on Thursday, November 30, 2006, and Thursday, December 7, 2006, was read by Secretary Saunders:

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

MOTION: To GO OUT OF ORDER to discuss the Fines Ordinance under Item                    VII –   BUSINESS MEETING.

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

BUSINESS MEETING/(1) Fines Ordinance:

Appearing to discuss this issue was Selectman Filipone.  He summarized a brief history of sign violations within East Windsor, noting that previous planner Jose Giner had traveled up and down Route 5 and Route 140 photographing non-complying signs.  He recalled that many businesses somewhat thumbed their noses at the Commission and the Town as they had no teeth in the existing ordinances to encourage businesspeople to bring their signs into compliance.  

Selectman Filipone noted that since that time new laws have been passed which would enable the Town to seek compliance, or initiate enforcement procedures, including fines of up to $150/day.  Town Planner Whitten noted she had submitted to the Commissioners a copy of an existing ordinance.

Commissioner Menard questioned that the ordinance provided for the Commission didn’t specify the fines as stipulated by Selectman Filipone; he felt the information regarding the fines was in that ordinance but suggested the ordinance could be edited as necessary.  He did recall that the State Statutes allows a fine of $150/day for unresolved violations.   Selectman Filipone cited a business in Stonington which accumulated a fine of $20,000 because no action was taken; the Town ultimately waived the fine because the business owner eventually complied.  Selectman Filipone indicated the process of notification of non-compliance is done first with phone calls, then certified letters.  He advised the Commission he will bring this proposal to the Board of Selectmen after review by this Commission; he is appearing this evening to seek a letter of support.

Town Planner Whitten noted she has worked with a similar ordinance in another municipality; the goal is compliance.  The Zoning Enforcement Officer has considerable discretion with regard to how nice or how firm they must be to work with the business owner.   The business owner also has the right to appeal the order.  Town Planner Whitten suggested that without such an ordinance the Town has no recourse to resolve issues of non-compliance.  Selectman Filipone indicated he is submitting this as a sign regulation but it can also be used for zoning issues.

Commissioner Menard suggested inappropriately placed signs can also be a safety issue.  She questioned what else could this ordinance be used for?  Town Planner Whitten indicated illegal structures, illegal uses, or possibly junk or unregistered cars.  Commissioner Menard questioned how much time of the ZEO’s work week would this enforcement entail, as she felt that was a concern in the past.   Town Planner Whitten noted ZEO Rudek is already writing the letters but there are no teeth in current regulations/ordinances to back up enforcement.  Selectman Filipone noted they will review areas systematically so as to not target anyone specifically.

The Commission supported Selectman Filipone’s proposal; Town Planner Whitten will write a letter of support to the Board of Selectmen.


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

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS:  James H. Nilsson, Jr., NNRC, LLC – Request for extension of Site Plan Approval for two-story office building and parking improvements at 45 Gardner Street & 100 Bridge Street.  (Expires on 1/24/07):

Chairman Ouellette read the description of this Item of Business.  Appearing to discuss this issue was James Nilsson.  Town Planner Whitten noted Mr. Nilsson was appearing before the Commission to seek an extension as after approval of the proposed plans on the local level the State Traffic Commission required additional changes.   Mr. Nilsson noted it took 9 months for review and redesign of the parking lot; they couldn’t get the road work done before Winter and the approval expires in January.  He is requesting an extension so the work can be done in the Spring.

MOTION: To APPROVE AN EXTENSION of the Site Plan Approval for two-                      story office building and parking improvements at 45 Gardner Street & 100 Bridge Street.  The present extension expires on 1/24/2007; the Commission has given a one (1) year extension to 1/24/2008 to start construction.

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

NEW HEARING:  LTP Realty, Inc. – 2-lot Resubdivision of property located at Newberry Road and Winkler Road (Newberry Village).  [A-1 Zone; Map 15, Block 17, Lots 19, 20 & 21]. (Deadline to close hearing 1/16/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Attorney Dorian Famiglietti, and Jay Ussery, of J. R. Russo & Associates.  

Attorney Famiglietti reported that in May, 2005 a Subdivision and Site Plan were approved for all of the 117 acres, then considered one lot, for Newberry Village, an Active Adult Housing Subdivision.  The project is to include 92 units to be built in 4 phases.  They are now requesting to carve out Lot 6, containing 10 acres, which will include the majority of Phase IV – 15 units on Blue Heron Lane.  They are looking to subdivide the property because they are close to contract with a local East Windsor developer; the subdivision would assist with seeking financing on the development of the proposed 15 units.  Attorney Famiglietti reported there are no changes from the May 2005 approval; both Lot 6, and the remainder of the property to be known as Lot 7, still complies with all regulations for Active Adult Housing.

Town Planner Whitten noted from a staff perspective this is essentially drawing a line on paper; it has no bearing on the approved project.  All conditions, with the exception of Condition #8, still stand.   Town Planner Whitten noted Condition #8 is no longer necessary as there is public water.  Attorney Famiglietti indicated the Special Permit will be filed on the Land Records for both Lot 6 and Lot 7.  

Commissioner Tyler questioned that there was an interconnecting trail in the original approval between the area within Lot 6 and an adjacent area; is that still part of the project?   Mr. Ussery noted the trail was part of the original proposal, but was removed during the Wetlands process to a walking trail which will be a slight improvement of the existing farm trail.  He also noted the original plan did have the interconnection of utilities as well, but that was cut in the Wetlands process as well.  

Attorney Famigliette suggested the beauty of this proposal is the developer can start small with this section; it doesn’t mean that in the future the same developer can’t acquire the balance of the land and complete the community.

Chairman Ouellette questioned if street lights were shown on the original plan; Commission regulations have changed with regard to same.  Mr. Ussery noted the original plans did include street lights.

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

Town Planner Whitten requested to correct the language of her memo; she has referred to this proposal as Phase I of the project when it is actually the first phase of the project.  Attorney Famiglietti clarified that Phase IV is the area being proposed for development, but they have called it the first phase of development.  Technically, Phase I includes the first phase of units off Parson Circle.  

Attorney Famiglietti noted Town Engineer Norton has provided a memo indicating he has taken no exception to this proposal.

MOTION: To CLOSE the Public Hearing on the Application for a 2-lot                      Resubdivision of property located at Newberry Road and Winkler  Road (Newberry Village).  [A-1 Zone; Map 15, Block 17, Lots 19, 20 & 21].

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

MOTION TO APPROVE the application of LTP Realty, Inc. c/o Joseph P. Capossela, Esq. for a 2 lot re-subdivision of property located on the north side of Newberry Road, at the intersection of Winkler Road. [Map 15, Block 17, Lots 19, 20, 21, Zone A-1].  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:

“Key Map –Re-subdivision Plan/Special Permit”, Newberry Village, Newberry Road & Winkler Road, East Windsor CT, Map 15, Block 17, Lot 19, 20 & 21, Zone A-1, owner/applicant LTP Realty Inc., P.O. Box 2275, Marco Island, FL 34146, prepared by J.R. Russo and Associates, 1 Shoham Road, Eat Windsor, CT 06088, 860/623-0569 phone, 860/623-2485 fax, sheet 3 of 25, scale 1” = 200’ dated 11/9/06.

Sheet 2 of 2:   Re-subdivision Plan – Re-subdivision/Special Permit

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.      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:

4.      Two sets of final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.   One mylar 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.  
5.      Detailed sedimentation and erosion control plans shall be submitted with the site plan for each parcel at time of application for a zoning permit.
6.      All site work must comply with the approved site plan and special use permit approved 5/24/05, unless an alternative site plan is sought for and approved.

Conditions which must be met prior to certificates of compliance:

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

8.      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:

9.      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.

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

11.     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.

12.     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

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

(NOTE:  previous Condition 8 – Final Health District approval of the drinking water supply must be demonstrated – was removed from the above motion)

open space  -  open space was previously proposed and accepted

Section 5.3.5 – scale drawn at 1” = 40’ (plan is drawn at 1” = 200’ due to size of proposal)
Section 5.4 -  plan & profile (previously submitted and approved)
Section 5.5 & 8.1 – Soil Erosion and Sedimentation control Plans (previously submitted and approved)
Section 5.6 – Topographic plans (previously submitted and approved)
Section 5.7 -  Landscape Plans (previously  submitted and approved)
Section 5.8 – Traffic Analysis (previously submitted and accepted)
Saunders moved/Menard seconded/VOTE:  In Favor:  Unanimous

BUSINESS MEETING/(2) Request to Purchase Property on North Road:

Town Planner Whitten noted this is a 8-24 Referral.   The purchase of this parcel has been discussed before; the parcel was originally offered to the Town for $48,000 but the purchase price has now been reduced to $15,500.  The parcel, which contains 7 – 9 acres and is zoned A-2, is on the left side of North Road and continues a bit up Harrington Road.  The parcel could never be built on as it contains steep slopes and considerable flood plain.  The American Heritage River Commission has expressed an interest in the Town purchase of this parcel for passive recreation; the Board of Selectmen have decided they would like to go ahead with the purchase as well.

MOTION TO RECOMMEND to the Board of Selectman that the 7.9 acre parcel known as Map 19, Block 30, Lot 22, located on the southerly side of Route 140  be purchased for passive open space and preservation of water quality.

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

BUSINESS MEETING/(3)  Discussion on Zoning Regulations – Definitions:  

Tabled until the next meeting.

BUSINESS MEETING/(4)  Correspondence:

Town Planner Whitten advised the Commission that once again the Legislature has changed their mind as to which agency should be responsible for approval of motor vehicle dealers licenses.  Last year they had passed that responsibility on to the PZC; this year they are returning it to the Zoning Board of Appeals because East Windsor is a town with a population of less than 20,000.

APPROVAL OF MINUTES/November 14, 2006 and November 28, 2006:

MOTION: To APPROVE the Minutes of Public Hearing #1494 dated November 14, 2006 as written.

Saunders moved/no second – other members in attendance at Public Hearing #1494 were not in attendance this evening.  Motion failed.

MOTION: To APPROVE the Minutes of Public Hearing #1495 dated November                   28, 2006 as amended – page 2, CONTINUED HEARING:  Apothecaries Hall Enterprises, LLC, paragraph 4, references to “DOT” should have been “DEP”.

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



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

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

Respectfully submitted,

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