Skip Navigation
This table is used for column layout.
Town Resources
  • Agendas & Minutes
  • Forms, Documents & Permits
  • Pay Bill Online
  • GIS/Maps
  • Contacts Directory
  • Subscribe to News
  • Live Stream and Recorded Video
  • Charter & Ordinances
  • Employment Opportunities
  • RFPs / Legal Notices
  • 250th Anniversary
  • Casino Development Agreement
 
February 13, 2007 Minutes
TOWN OF EAST WINDSOR
Planning and Zoning Commission

Public Hearing #1500
February 13, 2007

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


The meeting was called to order at 7:02 P. M. by Chairman Ouellette in the Meeting Room of the Town Hall, 11 Rye Street, Broad Brook, CT.

ESTABLISHMENT OF QUORUM:

A quorum was established as three Regular Members (Gowdy, Menard and Ouellette) and three Alternate Members (Farmer, Matthews and Tyler) were present.  Regular Members Guiliano and Saunders were absent.   Chairman Ouellette noted Alternate Members Tyler and Matthews would be voting on Applications this evening.   Also present was Town Planner Whitten

ADDED AGENDA ITEMS:             None

RECEIPT OF APPLICATIONS:

Chairman Ouellette acknowledged receipt of the following Applications:

1)      Application of Helen Santaniello for Site Plan Approval for addition of outside smoking area, bathroom addition and modifications to parking area at the Mardi-Gras, 37 North Road, owned by Iole Carla Michelizza.  [B-1 Zone; Map 3, Block 16, Lot 20}.

2)      Application of Four Fathers, Inc. for a Text Amendment to Section 9, to allow Day Care Facilities by Special Use Permit in M-1 and M-2 Zones.

3)      Application of KGS Realty, Inc. for a l-lot resubdivision of property located at 24 Newberry Road.   [M-1 Zone; Map 14, Block 18, Lot 6].

4)      Application of F & G, LLC for a Text Amendment to Section 9A.5 Minimum Standards for Volume Reduction Facilities and Section 4.1.71, Volume Reduction Facility (definition).

5)      Application of David Monaco for a Special Use Permit to allow construction of 11 residential units below the first story of retail commercial building located at 112 Main Street, Broad Brook.  [B-1 Zone; Map 28, Block 5, Lot 4].


LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, February 1, 2007, and Thursday, February 8, 2007, was read by Commissioner Gowdy:

1.      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.

2.      Application of Joseph F. and Linda L. Roberts for a Special Use Permit to allow an accessory apartment at 140 South Main Street.  [A-2 & B-2 Zones; Map 33, Block 5, Lot 63A].

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS:   Goliath General Contracting, Inc. - Request for release of erosion control bond for 30 South Main Street (car wash):

Chairman Ouellette read the description of this Item of Business.  He acknowledged receipt of the following:  1)  Letter dated 1/12/2007 from Matthew Auchy of Goliath General Contracting, Inc. requesting release of $3,000 Erosion and Sedimentation Control Bond for 30 South Main Street; and 2)  Memo from Town Engineer Norton recommending release of the Erosion and Sedimentation Bond for B & D Petroleum – 30 South Main Street.

Town Planner Whitten noted this is a standard request; the site work is all complete.

MOTION: To RELEASE the Erosion and Sedimentation Control Bond in the                    amount of $3,000 for 30 South Main Street as requested by Goliath                       Contracting, Inc.

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

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS:  James Ussery, J. R. Russo & Associates - Request for 65-day extension for opening the hearing for Aslan Enterprises, 309 Scantic Road (Narnia Farm):

Chairman Ouellette acknowledged the next Item of Business.  Town Planner Whitten noted this Application is tied up in Wetlands.   The Application expires April 7th; a 65 day extension would take the timeframe for opening the Public Hearing on this Application to June 11, 2007.

MOTION: To GRANT AN EXTENSION for 65 days for the opening of the Hearing for Aslan Enterprises for 309 Scantic Road (Narnia Farm) as requested by Jay Ussery of J. R. Russo & Associates; extension to expire June 11, 2007.

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

NEW HEARING:  Herb Holden Trucking, Inc. - Text Amendment to Section 12.5.4.of the Zoning Regulations, to add waiver provisions to Section 12, Excavation.  (Deadline to close hearing:  3/20/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application were Attorney Allan Koerner, and Jay Ussery, of J. R. Russo & Associates, both representing the Applicant, Herb Holden Trucking, Inc.   

Attorney Koerner addressed the Commission, noting that they are present this evening to give the Commission discretion in reducing the 1 mile distance for driveways, as the current regulations currently prohibit two excavations from having an entrance within 1 a mile radius of each other.  

Mr. Ussery submitted an aerial map of a section of Windsorville which included both the Charbonneau and the Botticello/Holden operations.  He noted during a recent renewal application for the Charbonneau pit the 1 mile radius issue was discussed; it was noted that parcel has frontage on Apothecaries Hall Road.   Mr. Ussery suggested if they did put in a new exit driveway they could meet the (1 mile) requirement but it wasn’t practical as trucks would then be going by houses not currently affected.  Mr. Ussery then referenced the entrance driveway for the Botticello/Holden pit south of the Charbonneau pit on Wapping Road.

Mr. Ussery advised the Commission they plan to come in with a new application  in another month or so to permit another area of the Botticello/Holden pit near the NORCAP landfill.  He noted the exit driveway is less than 1 mile radius from the Charbonneau pit and so does not meet the current regulation.  They could exit on Plantation Road, which is 1 ¾+/- mile from the Charbonneau pit, but it bring trucks onto Plantation Road, back around Wapping Road, around the golf course and then go by the exit drive with the scale house that they would rather use.   Mr. Ussery noted that in talking with staff this proposal seems to make more sense as they are currently using this exit.

Mr. Ussery suggested the text amendment would allow you to look at each application individually and allow the Commission to waive that part of the application.  

Mr. Ussery stated he felt these are the only 2 permitted operations in town currently; Town Planner Whitten indicated she could not think of any others.  Karen Boutin, speaking from the audience, indicated she still had a permit.

Commissioner Tyler questioned if the Commission had the ability to waive this requirement without this proposed amendment?   Town Planner Whitten suggested the Commission sort of has this waiver provision under Section 12.5.4, noting that “a special exception to any provision of this section may be granted by the Planning and Zoning Commission, if…………”  Town Planner Whitten suggested this proposal would clearly clarify that the special exception was a waiver; the Commission would only be waiving within that section, and the waiver would require an affirmative action of a 4 to 5 vote.   The proposed amendment would be contained within the Excavation Section of the Regulations.   The request for waiver would have to be made under a Special Use Permit; the Commission does not have to grant the request, and the action requires a 4 to 5 vote.

Commissioner Tyler requested addition of language that an applicant can meet the requirement current regulations but the waiver would be in the best interest of the town.   Town Planner Whitten suggested such discussion would be on the hearing record.  Commissioner Tyler cited concern that the current proposal would be/could be allowing driveways to gravel operations every 100’.   He doesn’t want to see trucks going out on roads they are not using now to meet regulations if it’s not in the best interest of the Town.  

Discussion continued for some time.   Commissioner Tyler cited concern for setting a precedent; he felt other applications had been denied because of this regulation.  Commissioner Gowdy felt the proposed amendment was in the best interest of the Town.  Commissioner Menard questioned why not continue to use the “special exception” wording?   Town Planner Whitten cited to additional language which references an “emergency situation”, noting she doesn’t know the history of same.   Commissioner Matthews questioned that the “special exception” would require a super majority vote?   Town Planner Whitten replied affirmatively, noting it’s already under a Special Use Permit, which requires a public hearing and a site plan review.  She noted she found the wording “special exception” unclear.   Discussion continued regarding current wording, the meaning of same, and possible revisions – including deletion of “in accordance with the by-laws of the Commission……”

Chairman Ouellette questioned why the Applicant hadn’t proposed amending the 1 mile radius instead?  The one mile radius caps it to where you have the exit today.  Mr. Ussery suggested he didn’t feel they wanted to change that; Attorney Koerner suggested both entrances are within 8/10ths of a mile, but both operations have more land that would be developed.   They could come out on Plantation Road but they felt it makes more sense to not put that burden on other streets.  Commissioner Farmer questioned if the intent of the 1 mile radius was to limit traffic, or to limit intensity of traffic?   If the intensity was a factor and was the intent this proposal would be subverting that.   He questioned if the Applicant could wait until the Commission reviews the new wording?   Discussion continued further regarding this waiver proposal.

Chairman Ouellette opened discussion to the audience:

Karen Boutin, Windsorville Road:  questioned if Maslak’s entrance, which is next to the landfill, is still open?   She felt when Environmental Protection got their approval they were to be the only ones in and out of the Botticello’s.   Mr. Ussery suggested the Environmental  Protection Ms. Boutin was referring to was Billy Mitchell’s Environmental Services in South Windsor.  Town Planner Whitten suggested that’s the only approval made.   Ms. Boutin suggested there is other traffic going in and out of there; there is more than you approved.  Town Planner Whitten clarified there is traffic going in and out for the existing gravel operation in the back, and traffic going in and out for the electric generator plant, and when that’s finished that probably will be stopped.  Ms. Boutin reiterated there is another one in the back.   Town Planner Whitten indicated that’s the Botticello pit being operated by Holden.  Ms. Boutin suggested Maslak was approved as a gravel pit and wasn’t closed.

Bill Loos, Melrose Road:  suggested he would rather see it approved as a waiver.

Delores Sutton, Plantation Road:  Plantation Road is a highly traveled road, cars speed; she would be loathed to see more traffic.

Kristen, Bromley, Plantation Road:  questioned what is to be done with the property in back by NORCAP, she was told it would not be for gravel and was for a cornfield and pigs.   If the intent is for a gravel pit whatever will be done with the site will dictate traffic and she would be concerned for the people on Plantation Road.  

Karen Boutin, Windsorville Road:  she was told by Herb Holden it wouldn’t be for excavation.  

John Cohen, presenting Herb Holden Trucking:  indicated the intent is to go before the Board to seek an excavation permit, the use will not be for a landfill or a large hole.  He will pick up several acres of farmland useable to him.  

Regarding the Maslak pit they don’t use that area; it’s Maslak.  They are on the final phase of Maslak, which was purchased by Botticello, and the entrance has been moved.  

Chairman Ouellette suggested he was in favor of the proposal.   Commissioner Tyler felt the Commission needed to find a way for them not to go out on Plantation Road as long as they can do it without opening the door to the one mile limit; he didn’t want to disrupt the 1 mile limit but to allow this one entrance deviation because it’s in the best interest of the Town.    Commissioner Gowdy didn’t feel the proposed text amendment had much to do with this one site; he felt it was for the betterment of the Town.  It’s a situation where the Commission can keep traffic to a minimum.   He felt the amendment was a good one but he would like to see some language revision.   Commissioner Menard agreed with Commissioners Gowdy and Tyler.  Commissioner Gowdy would like to delete “in accordance with Commission’s by-laws”.

Chairman Ouellette queried the audience again.

Kristen Bromley, Plantation Road:  is all for whatever it takes for them not to egress on Plantation Road but by granting this waiver is this a stepping stone for them getting a permit for that piece of back land?  Town Planner Whitten explained the permitting process, and the effect of seeking a waiver.    

Bill Loos, Melrose Road:  suggested when Botticello came in he talked about when he was finished it would be planted as a cornfield and that is what most people want.   It’s best for the town.

MOTION: To CLOSE the Public Hearing on the 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.  

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

MOTION TO APPROVE the application of  Herb Holden Trucking, Inc. for a Text Amendment to allow for waiver provision subject to an affirmative super majority vote of the Commission to be placed within the text of Section 12, the excavation section of the East Windsor Zoning Regulations.  

        Text Amendment reads as follows:

        A waiver to any provision of this Section 12 may be granted by the Planning and Zoning Commission, if, after a Public Hearing is held pursuant to       Section 8-7d of the General Statutes, and it is determined and decided that     such a waiver is in the best interests of the Town, by the affirmative vote of  four out of five members of the Commission.

The proposed change shall become effective once filed in the land records.  

Conditions:

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

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

MOTION: To TAKE A FIVE MINUTE BREAK.

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

The Commission RECESSED at 7:50 P. M. and RECONVENED at 7:57 P.M.

NEW HEARING:    Joseph F. and Linda L. Roberts - Special Use Permit to allow an accessory apartment at 140 South Main Street.  [A-2 & B-2 Zones; Map 33, Block 5, Lot 63A].  (Deadline to close hearing:  3/20/07):
Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates.  Linda and Shane Roberts were present in the audience.   Mr. Ussery indicated the Roberts are submitting an Application under Section 5 which allows for an in-law/accessory apartment.   The home is located at 140 South Main Street nearly opposite Phelps Road.   Nonna’s Restaurant and the Gun Shop are in front and there is an auto business behind that; the house is located behind all that and was approved under a Rear Lot Regulation in the 80s.  The Application is for an accessory apartment to be added to the north side of the existing house; Joe and Linda will move into the apartment and Shane, who is being married shortly, will move into the main house.  The accessory apartment will have an entrance hall which connects to the existing house; it also has a door which leads to the outside which requires a waiver of the current regulation under Section 5.3.2.9   Mr. Ussery referenced the floor plan, which reflected an entrance, kitchen, living area, one bedroom, bath, and walk-in closet.   There will be a full basement for storage, but no second floor.  The total square footage of the accessory apartment is 1,040.   Mr. Ussery noted the current regulations don’t allow approval of anything in excess of 150 square feet in part of the existing house; therefore a waiver of Section 5.3.2.7 is required.   Mr. Ussery noted the current regulation also requires the total apartment area to be 600 square feet; this apartment, at 1,040 square feet, will require a waiver of Section 5.3.2.8.  The accessory apartment would also have a deck and patio facing the river.

Mr. Ussery noted the total combined floor area is not to be in excess of 35%.   The existing house is 2,800 square feet over 2 stories, plus the 1,040 square feet of the accessory apartment total 32%.  

Mr. Ussery further noted an additional bedroom will be added to the existing structure, which is currently served by a septic system.  Plans have been submitted to the North Central Health District.  Approval has been granted to connect to the existing septic system; they will be using the existing drilled well which presently serves the main house.  

Mr. Ussery noted they have received a memo dated 1/24/2007 from Town Engineer Norton who has taken no exceptions with the plans as submitted.

Commissioner Matthews questioned the zones in front?   Town Planner Whitten and Mr. Ussery suggested it is B-2 in front.   Town Planner Whitten noted the zone line is shown on Sheet 1; the house is in Zone A-2 and the restaurant is in Zone B-2.  

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

Town Planner Whitten noted the Commission has made some revisions to the current regulations, including an increase in maximum size.   Under the new regulations this Application would require only a minor waiver for square footage, and a waiver for the front door.  

MOTION: To CLOSE the Public Hearing on the Application of Joseph F. and         Linda L. Roberts for a Special Use Permit to allow an accessory apartment at 140 South Main Street.

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

MOTION TO APPROVE WAIVERS:
a)   (Sec. 5.3.2.7)   A waiver to allow more than 150 sq. ft. of additional floor area
b)   (Sec. 5.3.2.8)   A waiver to allow more than 600 sq. ft. of floor space
c)   (Sec. 5.3.2.9)   A waiver to allow a new entrance to face toward the main road.

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

MOTION TO APPROVE the application of owners Joseph F. & Linda L. Roberts, requesting a Special Permit for an Accessory Apartment at 140 South Main Street in the A-2/B-2 Zones  [Map 33, Block 5,  Lot 63A].  This approval is granted subject to conformance with the referenced plans as approved by the Commission and the following conditions:

Elevation Drawing, not to scale, drawn by applicant
Floor Plan, 11/8” = 1.0’, drawn by applicant
Sheet 1 of 2 :  Compilation Plan, property of Joseph F. & Linda L. Roberts, 140 South Main Street, East Windsor, CT Map 33, Blk 5, Lot 63A, Zone B2 & A2, scale 1” = 100’,dated 1/22/07, prepared by  J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 06088. (860) 623-0569, Fax (860) 623-2485  
Sheet 2 of 2:   Special Permit/Accessory Apartment, dated 1/22/07, scale 1” = 20’

CONDITIONS

Conditions that must be met prior to the issuance of any permits
1.      North Central District Health Department shall review and approve the plans for the existing septic system design and well location to insure adequate capacity for the additional occupancy.
Conditions that must be met prior to certificates of compliance
2.      All public health, safety and building code compliance components of the project must be satisfactorily completed prior to occupancy. When all public health, safety and building code compliance components have been completed, the Zoning Official may issue a Certificate of Zoning Compliance.

General Conditions

3.      This approval and related zoning permit shall expire two years from the date of approval.  If the applicant wishes to extend the approval for additional periods of time, a letter must be submitted, at least 30 days in advance of the expiration date. The request for renewal must be accompanied by a NEW "Affidavit of Occupancy for a Temporary Accessory In-Law Apartment" duly signed and notarized. As per zoning regulation §5.3.2(1), the renewal of such permit requires a new public hearing.
4.      Failure to re-apply for renewal upon the expiration of the approval and permit shall result in the revocation of all approvals and permits.
5.      Upon expiration or termination of the Special Use, the applicant shall cause the accessory apartment to be removed and the space it occupied shall be converted to additional living space for the one family dwelling unit of which this motion is the subject. Conversion to a single-family dwelling unit shall comply with §5.3.2(14).
6.      This Special Use Permit shall expire upon the death or relocation of all occupants of either unit or upon transfer of title to the property.
7.      No additional Mailbox is allowed.

8.      No additional entrances shall be allowed on any wall plane facing any street, unless waived by Commission.
9.     Zoning Permit shall be obtained prior to the commencement of any work.
10.     A Building Permit shall be obtained prior to the commencement of any work.
11.     This project shall be constructed and maintained in accordance with the referenced plan.  Minor modifications to the approved plans that result in lesser impacts may be allowed subject to staff review and approval.
12.     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.
13.     The applicant hereby acknowledges concurrence with the provision of §5.3 of the East Windsor zoning regulations in total and in doing so recognizes the authority of the Zoning Enforcement Officer to order removal and conversion of the accessory apartment as allowed by §5.3.

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

NEW BUSINESS:  Steve Dearborn - Modification of Approved Site Plan to allow additional parking on side and rear of building at 115 Main Street, Broad Brook.  [B-1 Zone; Map 22, Block 45, Lot 25].  (Deadline for decision:  3/29/07):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Steve Dearborn, of 144 East Road, the owner of the complex on Main Street.  

Mr. Dearborn indicated he has replaced the parking area to the north side of the building, which was previously gravel, with processed stone.  Auto Works rents a portion of the building and needs more space for tow trucks and vehicles.  

Under memo dated 1/30/2007 Chairman Ouellette noted Town Engineer Norton initially recommended a gravel aisle be added to the east of the proposed auto storage area for Unit C, which will allow access to the easterly row of cars without moving cars in front or driving on the grass area.  With the implementation of that recommendation Town Engineer Norton has approved the plans under his memo dated 2/5/2007.  Chairman Ouellette noted Town Planner Whitten has also recommended that proposed landscaping be shown on the plans, and the applicant should discuss proposed changes to lighting and/or signage.  Town Planner Whitten noted this is an After-the-Fact Application; Mr. Dearborn has planted a row of arborvitae between his property and the residential areas to the rear; that work is not presently shown on the plans and could be a condition of approval.  Mr. Dearborn indicated he has planted arborvitaes along the north side of the property line to the rear of the post office, and along a swale to keep water from running into the parking lot of the Opera House.

Commissioner Gowdy questioned if there would be any change to the lighting at the property?   Mr. Dearborn replied negatively, noting the lighting is what was there.   Commissioner Gowdy questioned that there would be no new lighting for the parking area?   Mr. Dearborn indicated he hasn’t changed anything.   There is a light on the back of the building which comes on with a sensor, and he has repaired a similar one that wasn’t working on the side of the building near an entrance.  

Commissioner Tyler questioned if there will be any change to the signage?   Mr. Dearborn replied really no changes; he would prefer it would be more like the signage across the street.  

Commissioner Menard questioned if the Applicant was adding any parking spaces?   Mr. Dearborn noted he couldn’t come to an agreement with the post office regarding the parking of their vehicles so he put up a chain link fence.   He has put in spaces in the gravel area which was an area which was already parked on, and will be putting in another 40 to 50 more; the ones along the retaining wall were already there.    Town Planner Whitten referenced the Site Plan to clarify the parking areas.  

Commissioner Matthews questioned if the vehicles are registered?   Mr. Dearborn indicated they tow out on flatbed trucks vehicles that are being sold.   He has made it clear to the tenants that there will be no demolition on site; if the cars are not sellable they must remove it.  Mr. Dearborn noted the person in the adjacent house had concerns that this would be a junkyard, but it won’t.

Commissioner Farmer questioned the size of the trees recently installed?   Mr. Dearborn suggested they have been planted 4’ to 5’ apart and will reach about 30’ in height; he wants a solid wall of green.   He anticipates it will be filled in in about 3 years.  

Commissioner Menard had no concerns with the proposal.
Commissioner Matthews questioned if a time limit could be set for the period the cars would be there?  Mr. Dearborn suggested he can’t control that; Town Planner Whitten indicated the Town couldn’t either.   Commissioner Matthews cited concern that 5 years down the road – how do you prevent rusty cars on the site, etc.?  Town Planner Whitten indicated if it becomes an issue of junk cars the Town has the means to deal with that.  

Town Planner Whitten indicated this entire building has been some type of used car/auto repair facility and all the licenses have expired.  This is a transfer of previously approved licenses.

The Commission noted they would like to add an additional condition regarding “as builts”, or the reflection of the landscaping on the final plans.

MOTION TO APPROVE the application of owner Steve Dearborn for a site plan modification to enlarge parking area at 115 Main Street, Broad Brook, Map 22, Blk 45, Lot 25 , in the B-2 Zone.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:
        Referenced Plans:

-       Improvement Location survey prepared for property at 115 Main Street, East Windsor, CT, prepared by Landmark Surveys, LLC, 62 Lower Butcher Rd, 860/875-8204, Ellington, CT scale 1” = 30’, dated 12/5/06, last revised2/1/07.

-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.  Mylar 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.      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:

7.      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.

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

9.      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.

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

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

12.     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

13.     Cars may not at anytime be parked in grassy areas, unless approved as such on the site plan.

14.     All required landscaping shall be adequately maintained.

(Additional Condition):

15.     All landscaping to be shown on Final Plans.

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

MOTION: To TAKE A FIVE MINUTE BREAK.

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

The Commission RECESSED at 8:34 P. M. and RECONVENED at 8:41 P. M.

NEW BUSINESS:  Helen Santaniello - Site Plan Approval for addition of outside smoking area, bathroom addition and modifications to parking area at the Mardi-Gras, 37 North Road, owned by Iole Carla Michelizza.  [B-1 Zone; Map 3, Block 16, Lot 20].  (Deadline for decision:  4/19/07):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Jim Dutton, of Dutton and Johnston, LLC, engineer for the project, and David Cox, architect.

Mr. Dutton advised the Commission that present laws prohibit smoking in bars, which is an issue for this facility.  People currently hang out in front of the building.   The Applicant is proposing a fenced in concrete smoking area/patio, part of which will be covered with a roof overhang/awning.  A 6’ high vinyl fence will be constructed to contain smokers in this area.  

The Applicant is also proposing the addition of a bathroom area.

The existing parking in front of the building is perpendicular; there is not enough room for patrons to back out of spaces.   The Applicant is proposing to reconfigure and re-stripe the parking area and add islands to redirect traffic; the spaces in the front will now be angled.  There is bituminous material all around the building; about 3/4 of that is deteriorated.  The Applicant will be repaving much of the area.  

Mr. Dutton indicated they are now proposing an enclosed refuse area for the dumpster.  They will be providing a stairway and walkway and handicapped parking.  The site contains 3+/- acres.  Building coverage will be 5,727 square feet, or 4.4% of the allowable building coverage; if you include the area in the rear where no changes are being proposed impervious coverage is 57.3% where 65% is allowed.  

Mr. Dutton suggested the area to be contained within the patio will be 650 square of concrete surface located on the west side of the building.   The green area on the plans before the Commission will be landscaped.  There are currently giant flood lights on the building facing towards the parking area; they are proposing to upgrade the lighting with 5 new 15’ high standards to provide proper illumination in the rear.  Commissioner Tyler questioned if they are proposing any new lighting in the front facing Route 140?   Mr. Dutton replied negatively.   He suggested patrons will be allowed to bring alcohol out of the building into the patio but there will be no waitresses or entertainers in this area.  Chairman Ouellette questioned if there would be any seating?  Mr. Dutton suggested perhaps a couple of tables but no waitresses.  Mr. Cox interjected they could not set up a bar in this area as that would be regulated by the Liquor Commission.  Mr. Dutton noted there will be 2 exit gates from the patio area.

Mr. Dutton and Mr. Cox noted they are proposing a 10’ x 42’ bathroom addition; the present bathroom is non-conforming with regard to ADA requirements as it is not large enough to accommodate wheelchairs.  There are also International Plumbing Codes which regulate the number of fixtures/bathroom.  The bathroom will be a shed addition to the main facility.  

Commissioner Matthews questioned the maximum number of patrons this facility can accommodate?   Mr. Cox suggested 78 to 80 patrons; that number is set by the Fire Marshal.  The facility operates as a restaurant as they have a kitchen open during all hours of operation.

Commissioner Menard questioned the location of the present bathroom; Mr. Cox indicated same on the plans before the Commission.  He noted that the existing woman’s bathroom shares a green room/dressing room with the performers.   Mr. Cox noted they are not increasing the occupancy load of the facility; the expansion is to comply with code issues.   They are not increasing the intensity of the use.   Town Planner Whitten noted the facility is a non-conforming use in this zone; they are not increasing the floor area.

Chairman Ouellette questioned why the patrons couldn’t be asked to use the side entrances rather than going out front to smoke?  Mr. Cox indicated those are fire exits, with no equipment outside which would allow them to re-enter.  Chairman Ouellette suggested that even if this addition were completed there is nothing to stop people from using the front entrances.   Mr. Cox indicated then they wouldn’t be able to bring their drink outside with them as the Liquor Permit requires that the drinks must be in a contained area.   Commissioner Farmer questioned how it can be monitored that they don’t leave the smoking area and go out into the parking area with a drink?  Mr. Cox suggested the facility is well monitored with video surveillance equipment in the management office.  

Chairman Ouellette questioned the intent of the vinyl fencing; he understood it’s to contain the patrons but he questioned if it were also for visibility?  What about a wrought iron fence?   Mr. Cox felt it was as much for the patrons comfort sitting in the area, so they wouldn’t feel they were sitting in the parking lot.   A wrought iron fence would expose them to the lighting from the parking lot.   The fence is also to shield the area from the street.  

Commissioner Gowdy questioned if they would provide heating in the patio area for this type of weather?   Mr. Cox indicated they must be careful with fire codes with regard to the awning.   Town Planner Whitten suggested they probably wouldn’t want heaters next to the plastic fencing either.  

Commissioner Matthews questioned if there would be speakers in this area?   Mr. Cox replied negatively, noting there would be no music and no entertainers.  

Town Planner Whitten questioned if they proposed any landscaping around the fencing?  Mr. Dutton indicated they are proposing 8’ arborvitae and silver grass around the fence.  

Commissioner Gowdy questioned how close the new smoking addition would be to a driver’s path coming in and out of the lot?  Mr. Dutton replied 3 1/2’; there is a 24’ driving aisle.  Commissioner Gowdy felt that distance was very close for someone coming out of this establishment.  Mr. Dutton noted the parking is currently perpendicular; as proposed it would be 3 1/2’ with a landscape buffer between.  Mr. Cox suggested there should be no people standing next to the driveway.  

Chairman Ouellette noted the location of the proposed handicapped parking spaces; he questioned if the visibility for people backing up would be blocked by the vinyl fence?  Mr. Dutton noted the first handicapped space is a van space, and the “hatched” space is on the right side.   Mr. Cox suggested a driver would have to back the vehicle in to make the van work.  Mr.  Dutton felt they could switch the “hatched” area with the actual parking space; Commissioner Tyler suggested they could cut down on one handicapped parking space.   Mr. Dutton noted that to do that they would have to move the handicapped parking space elsewhere, as the front door isn’t handicapped accessible.  The proposed location of the handicapped accessible area is through the new bathrooms.   Chairman Ouellette suggested if the fence were a see-through material it would take care of that problem.  Commissioner Gowdy questioned if it would be a problem to make the front door handicapped accessible?   Mr. Dutton suggested they could look into that but felt it would be better to switch the location of the “hatched” areas.  Mr. Cox further noted “hatched” spaces can’t be shared.  

Chairman Ouellette noted he is in favor of the proposed one-way circulation around the building, but he isn’t sure the channelization would be doable; he questioned if they would consider making the painted areas islands instead?  Mr. Dutton noted there has been a recommendation for additional landscaping in front of the building; they can make these areas islands.  Chairman Ouellette questioned the circulation ability for delivery trucks?  Mr. Dutton suggested he could make one island smaller.  

Discussion continued regarding location of the handicapped parking spaces.   Review of the size of the proposed location indicated there would be a 5’ shortfall.  Alternative locations were discussed.   Commissioner Gowdy felt renovation of the front door would still be a possibility.   Mr. Cox suggested the vestibule isn’t the proper depth; reconstruction of the front area might also impact drainage.  

Commissioner Farmer questioned if there would be lighting within the fenced in area?  Mr. Cox suggested there will be lighting within the awning area.

Chairman Ouellette requested the Applicant to prepare revised plans reflecting the following issues:  1)  visibility and maneuverability of handicapped parking; 2) traffic circulation channels, make painted areas islands; 3) location of proposed landscaping; and 4) investigate options for handicapped parking.  

MOTION: To CONTINUE the Application of Helen Santaniello for Site Plan  Approval for addition of outside smoking area, bathroom addition        and modifications to parking area at the Mardi-Gras, 37 North Road, owned by Iole Carla Michelizza.  [B-1 Zone; Map 3, Block 16, Lot 20] until the Commission’s next regularly scheduled meeting on February 27, 2007, at 7:30 p.m. at the Town Hall Meeting Room, 11 Rye Street,       Broad Brook, CT.

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

BUSINESS MEETING/(1)  Correspondence:

Receipt of the following was noted:

Ø       Connecticut Bar Association Education & Training Session for Planning and Zoning on March 17, 2007 at Wesleyan.  Chairman Ouellette and Commissioner Saunders would like to attend.

Ø       Connecticut Federation of Planning and Zoning Agencies 59th Annual Conference on March 22, 2007 at the Aqua Turf Country Club, Southington, CT.   The topic is “Affordable Housing, Alternatives to 8-30g.”

Ø       Census Bureau Report

Ø       Bulletin from Connecticut Municipalities

Ø       Invitation to Reception dinner for Linda Roberts on March 3rd.

BUSINESS MEETING/(2)  Staff Reports:    None.

APPROVAL OF MINUTES/January 23, 2007:

MOTION: To ACCEPT the Minutes of Public Hearing #1498 dated January 23,                         2007 as written.

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

SIGNING OF MYLARS/PLANS, MOTIONS:       None.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 9:40 P. M.

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

Respectfully submitted,

_______________________________________________________________

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