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February 27, 2007 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1501
February 27, 2007

***** 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 7:03 P. M. by Chairman Ouellette.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Gowdy, Guiliano, Menard, and Ouellette) and three Alternate Members (Farmer, Matthews and Tyler) were present.  Regular Member Saunders was absent.  Chairman 0ullette noted Alternate Member Farmer would sit in on all Items of Business this evening.   Also present was Town Planner Whitten, and Ex-Officio Member Selectman Filipone.

ADDED AGENDA ITEMS:             None.

RECEIPT OF APPLICATIONS:

Chairman Ouellette acknowledged receipt of the following Applications:

1.      Application of Herb Holden Trucking, Inc. for a Special Use Permit for excavation in four phases for property located on the west side of Wapping Road, owned by Northern Capital Region Disposal Facility, Inc.  [M-1 & A-2 Zones; Map 36, Block 49, Lot 17C].

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, February 15, 2007, and Thursday, February 22, 2007, was read by Commissioner Menard:

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

NEW HEARINGS: KGS, Realty, Inc. – 1-lot resubdivision of property located at 24 Newberry Road.   [M-1 Zone; Map 14, Block 18, Lot 6].  (Deadline to close hearing 4/3/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing the Applicant.

Mr. Ussery reported this is an Application for the resubdivision of 24 Newberry Road.   He noted the Commission saw this property about a year ago when the owner was proposing construction of a new building on a portion of the property.   The owner now has a buyer for 24 Newberry Road, which is located on the south side of Newberry adjacent to Thompson Road.  The property currently contains an existing building built in the 70s which was previously occupied by SeaCo Door Company.  The Applicant is proposing to split the property into two lots, 1) containing the existing building, and 2) a second lot containing 95,000 square feet or approximately 2.2 acres.   Mr. Ussery indicated Lot 2 contains the same area of the parcel for which approval was received for the new building.  The property, located in an M-1 Zone, requires a minimum lot size of 60,000 square feet; Mr. Ussery suggested both lots are in excess of that requirement.  The M-1 Zone requires a minimum lot frontage of 200’; the lots contain 222’ and 228’ respectively.  Lot 1 contains the existing building with loading dock, driveway, and parking facilities on 3 ½ acres.  The maximum impervious coverage allowed in an M-1 Zone is 75%; Lot 1 currently occupies 30.9+/- % of impervious coverage.   The maximum allowable building coverage in an M-1 Zone is 33%; Lot 1 presently occupies 10.9% building coverage.  

Mr. Ussery indicated the plans show a conceptual drawing for the location of a 20,578 square foot warehouse-type building.  On Lot 2 the maximum allowable building coverage is 33%; the conceptual building occupies 21.5% building coverage.   The maximum amount of impervious coverage for Lot 2 is also 75%; the conceptual building occupies 43.4% impervious coverage.  

Mr. Ussery described the proposed/conceptual drainage system, noting that there was no increase in peak flow run off.   The parcel is served by sanitary sewer, water, gas, electricity.  The plans have been reviewed by Town Engineer Norton who has noted no exception to the proposed conceptual plan under his memo dated 2/7/2007.  Mr. Ussery noted that this is a conceptual plan that has been prepared to show the lot is buildable;  any new owner would have to return to the Commission for Site Plan Approval of any proposed construction.   Mr. Ussery noted the plans were also submitted to the Water Pollution Control Authority (WPCA); the Applicant has received a letter dated 2/7/2007 from Kevin Leslie, Superintendent, indicating there is sufficient capacity to service the proposed one lot subdivision.  Mr. Ussery noted they have also received a letter dated 2/5/2007 from the Connecticut Water Company indicating there is capacity to service the new lot as well.

Mr. Ussery noted the Applicant is requesting a waiver of the Open Space requirement on this parcel.   Town Planner Whitten noted under the new regulations recently adopted by the Commission there is no provision that commercial property provide open space; the requirement only impacts residential properties.  The Applicant will not need to request a waiver on the Open Space requirement for this parcel.

Mr. Ussery noted the parcel contains wetlands.   The Site Plan proposed a year ago was approved by the Wetlands Commission.  He indicated he has received an updated staff approval for the proposed resubdivision.

Chairman Ouellette requested Mr. Ussery summarize the variance for the buffer that was requested/granted on this property.   Mr. Ussery indicated that the Greenwoods condominium complex is located to the west of the subject property.   Prior to the construction of Greenwoods land from this parcel out to Route 5 was zoned commercial/industrial.  When construction of Greenwoods was proposed they came in with a Zone Change for a Special Development District, in doing that the Greenwoods parcel became a residential community.   A 100’ buffer is required between residential properties and industrial/commercial properties under the current regulations.   This Applicant went to the Zoning Board of Appeals to seek a variance of the requirement  of that buffer as this owner had nothing to do with the buffer imposed by the Greenwoods construction.   Mr. Ussery noted the variance remains with the land even when ownership changes.   Town Planner Whitten noted that if the intent of the application changes – if, for example, you get a variance for a shed it doesn’t mean the variance would be granted for an addition to the shed.

Commissioner Guiliano requested clarification that the Commission was not really approving the conceptual building proposal.   Mr. Ussery concurred, noting that the regulations require that they show something can be done with the parcel.  Anyone wanting to do something with the parcel must return to this Commission for Site Plan Approval.  Commissioner Matthews questioned at what point Mr. Ussery determined the buildable area of the land, noting that the wetlands isn’t buildable.   Mr. Ussery noted that if they did something within 150’ of the wetlands that would be in the uplands review area and would require a Wetlands Permit.   Town Planner Whitten reiterated that any proposal for development on this site will require both a Wetlands Permit and Site Plan Approval; at this point the Commission is only considering a subdivision approval.   They are essentially drawing a line on the map.

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

MOTION: To CLOSE the Public Hearing on the Application of KGS, Realty, Inc. for a 1-lot resubdivision of property located at 24 Newberry Road.   [M-1 Zone; Map 14, Block 18, Lot 6].  

Gowdy moved/Menard seconded/
VOTE:  In Favor:        Unanimous (Farmer/Gowdy/Guiliano/Menard/Ouellette)

(No motion was made on the waiver request as the open space allocation is not necessary for commercial properties under new regulations)

MOTION TO APPROVE the Application of KGS Realty, Inc., requesting a 1 lot resubdivision (2 lots total) at property located at 24 Newberry Road, M-1 zone, presently zoned M-1 as shown on Assessors’ Map 14, Block 18, Lot 6.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission) and the following conditions:

Referenced Plans:

1 of 5   “Key Map/Cover Sheet – KGS Realty, Inc, 1 Lot Resubdivision 24 Newberry Road, East Windsor, CT, ,prepared for KGS Realty, Inc., 17 Thompson Road, East Windsor, CT 06088,  prepared by J. R. Russo & Associates, Land Surveyors & Professional Engineers, 1 Shoham Road, East Windsor, CT 06088,  860/623-0569, 860/623-2485 fax
                Insert map 1” = 1000’
2 of 5  Key Map dated 1/31/07
3 of 5  Resubdivision Plan, scale 1” = 40’
4 of 5  Topographic Plan
5 of 5  Soil Erosion & Sediment Control Notes
                        
Conditions that 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 final mylars shall contain the street numbers assigned by the East Windsor Assessor’s Departments and the Map, Block and Lot numbers assigned by the Assessor's Office.
4.      The applicant shall provide two street trees on the new lot and have them shown on the final plan.
5.      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 which must be met prior to the issuance of any permits:

6.      The lots shall comply with the requirements of the North Central District Health Department requirements for on-site septic systems and wells. (not applicable)
7.      Two sets of final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  One set of signed mylars, shall be filed with the town clerk by the applicant, no later than 90 days after the 15-day appeal period from publication of decision  has elapsed or this approval shall be considered null and void unless an extension is granted by the Commission.  One set shall be filed in the Planning and Zoning Department.
8.      A detailed sediment and erosion control plan shall be submitted for each lot at the time of application for Zoning Permits.  
9.      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 and the final amount of said bond shall be determined by the Town Engineer. (This bond covers public improvements, not individual lots.) (not applicable)

General Conditions:
 
10.     This subdivision approval shall expire five years from 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 Commission. Such extension shall not exceed the time limits as provided for in the Connecticut General Statutes, Section 8-26c, as amended. The Commission shall require proper bonding be in place prior to the approval of any such extension.
11.     A Site Plan Approval and Zoning Permit shall be obtained prior to the commencement of any site work.
12.     This project shall be constructed and maintained in accordance with the referenced plans.  Minor modifications to the approved plans that result in lesser impacts may be allowed subject to staff review and approval.
13.     Any modifications to the proposed drainage or grading for the resubdivision is subject to the approval of the town engineer.
14.     Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.
15.     By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
16.     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(s) may be released. (not applicable)

Gowdy moved/Guiliano seconded/
VOTE:  In Favor:        Unanimous (Farmer/Gowdy/Guiliano/Menard/Ouellette)

OLD 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 represent the applicants was Jim Dutton, of Dutton and Johnson, LLC, and David Cox, architect.

In response to the Commission’s request for changes Mr. Dutton noted they have reconfigured the parking area; the handicapped parking spaces previously proposed for the north side of the building have been relocated to the west side behind the building.  Mr. Dutton noted that anyone underage wishing to access the restaurant is not allowed to enter through the bar; this proposed access allows anyone to access the restaurant.  He noted they have also added landscaping, and the requested islands.  Mr. Dutton noted that one of the concerns for the handicapped parking spaces as previously proposed on the north side was the visibility/sight line backing out of the spaces.   They have adjusted the landscaping to be low in height so the sight line would be the same level as the fence.   The closest handicapped space has enough sight line to back out.

Mr. Dutton referenced Sheet L-1, noting they have added low-level vegetation/landscaping around the smoking patio and the front of the building.  They will be removing existing yews and planting new shrubs.  Mr. Dutton noted receipt of Town Engineer Norton’s memo dated 2/26/2007; as requested he will correct the reference to the Glastonbury Environmental Planner on the erosion control notes.  He further noted Town Engineer Norton’s concerns regarding the vehicles driving over the proposed stone filter in the parking area.   Mr. Dutton noted that although he doesn’t share Town Engineer Norton’s concern they will add curb stops or signs to address that issue.  Commissioner Tyler suggested he did share Town Engineer Norton’s concern; he agreed the area needs curb stops or jersey barriers.  Mr. Dutton and Mr. Cox indicated they didn’t want to stop the flow of water in this area.   Discussion followed regarding possible solutions.   Mr. Dutton agreed he and Mr. Cox will work with staff to resolve the issue.

Chairman Ouellette questioned if Mr. Dutton had reviewed the access for service vehicles for the site?   Mr. Dutton replied affirmatively, noting the circulation pattern on the plans.  He suggested the service vehicles deliver before the lunch opening of this facility.

Chairman Ouellette suggested pavement arrows indicating the circulation details should be shown on the plan.   

Chairman Ouellette questioned if any new lighting would be added to the site?   Mr. Dutton suggested they will upgrade the lighting in the back with five 15’ poles holding full cut off fixtures.   There should be no problem with spillage of lighting off site.

Mr. Cox expanded on the choice of location for the restaurant access.   He noted the Liquor Permit is for a restaurant; food must be served at all times.  An under-aged child could accompany a family member to the restaurant so they must enter through the restaurant rather than the bar.  The access location near the relocated handicapped parking spaces allows access to the restaurant and bathrooms, and the café if appropriate.  
Town Planner Whitten suggested she is satisfied with the changes; the Commission concurred.

MOTION TO APPROVE the application of Helen Santaniello and owner Iole Carla Michelizza requesting a site plan modification for addition of smoking area, bathroom addition, and modifications to the parking area for an existing restaurant at 37 North Road.  B-1 zone. Map 3, Block 16, Lot 20.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions)

        Referenced Plans:
Sheet 1 of 5: – Existing Conditions Plan for Patio Addition, Mardi-Gras 27 North Road prepared for Helen Santaniello, East Windsor Ct., scale 1”= 40’ dated 10/04/06, prepared by Dutton & Johnston, LLC, Land Surveyors and Civil
        Engineers, 67 Eastern Boulevard, Glastonbury, CT  06033 tel. 860/633-9401, Fax- 860/633-8851, email – dutjonllc@aol.com
 
Set Includes:
Sheet 2 of 5, Layout Plan, Scale 1”= 20’
Sheet 3 of 5, Grading Plan, scale 1” = 20’
Sheet 4 of 5, Lighting Plan, scale 1”=20’
Sheet 5 of 5, Erosion & Sediment and Misc. Control Notes, scale as shown.

Conditions which must be met prior to signing of mylars:

1.      A paper copy of the final approved plans (revisions included) shall be submitted to     the Town Planner for review and comment prior to the submission of final plans.

2.      All final plans submitted for signature shall require the seal and live signature of the        appropriate professional(s) responsible for preparation of the plans.  

3.      The conditions of this approval shall be binding upon the applicant, land owners, and   their successors and assigns.  A copy of this approval motion shall be filed in the land        records prior to the signing of the final plans.

Conditions which must be met prior to the issuance of any permits:

4.      One set of final mylar plans, with any required revisions incorporated on the sheets    shall be submitted for signature of the Commission and shall be filed in the Planning   and Zoning Department.

5.      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.

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

Conditions which must be met prior to certificates of compliance:

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

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

9.      All public health and safety components of the project must be satisfactorily   completed prior to occupancy. In cases where all of these components have been completed, the Zoning Official may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.  

General Conditions:

10.     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.

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

15.     All landscaping shall be maintained.

(Additional Condition):

16.     A barrier which allows water to flow shall be placed in front of stone filter bed.              Final design to be approved by Town Planner and Town Engineer.

Gowdy moved/Menard seconded/

VOTE:  In Favor:        Unanimous (Farmer/Gowdy/Guiliano/Menard/Ouellette)

NEW BUSINESS:  Southern Auto Sales, Inc. – Site Plan Approval for construction of a 4,300 square foot addition to existing auction building at 161 South Main Street.   [B-2 & A-1 Zones; Map 34, Block 21, Lot 66]  (Deadline for decision 3/29/07):

Chairman Ouellette read the description of this Item of Business.   Appearing to represent the Applicant was Jay Ussery, of J. R. Russo & Associates.  Mr. Ussery indicated the Application is for Site Plan Approval for the main auction building located on the east side of Route 5 at 161 South Main Street.  The proposal involves an addition of 50’ x 86’ to the east side of the building to add auction lanes #19 and #20.  Mr. Ussery noted that area is presently blacktopped; there is no change to impervious coverage with this proposal.  There will be some regrading, and some additional storm drainage on the north side of the building.   All services and utilities currently come in through the existing building.  They will be connecting to the sanitary sewer for the additional floor drains.  

Commissioner Guiliano questioned why the Applicant doesn’t do 4 lanes at a time?   Mr. Ussery indicated that every other time as been the addition of 2 lanes, with the exception of the last proposal, which added 4 lanes.  The situation at that time was that they were getting so far from the main building that they needed to add new mechanicals, floor drains, an additional basement, food services, and a mezzanine.   The addition of 2 lanes doesn’t require that much in the way of  additional improvements.   

Commissioner Gowdy questioned if the Applicant was agreeable to addressing comments made by Town Engineer Norton under his memo dated 1/22/2007?   Mr. Ussery concurred, noting the recommendation to add silt fencing around the stone spreader is not a problem.   The silt fence has already been added to the plans.

Mr. Ussery noted that in terms of architecture, the addition will be the same materials/colors as the rest of the building.   The addition will not be visible from the street.  

Commissioner Matthews questioned what zone the property was located in, suggesting the buffer between the Southern Auto Sales (SAS) parcel and the adjacent residential homes along Stoughton Road was sparse.  Mr. Ussery referenced the plans, noting the location of the residential parcels, the inventory holding areas of SAS, and the area of the buffer between same. He noted that adjacent to the pavement of the inventory holding areas is a solid wood fence, with evergreens behind to screen the residences.   Mr. Ussery noted the proposed additions are hundreds of feet away from that buffer area.  Discussion followed regarding the intent of a buffer, the seasonal condition of the existing trees, the visibility of the cars because of the species of trees, and the ability to make changes to that buffer under this Application.  Mr. Ussery indicated they will review the existing buffer and make modifications if necessary.   He further noted that the lots along Stoughton Road are deep, while the residences are located near the road.   The backs of the lots are heavily wooded with deciduous trees on private property; any evergreen they plant are shaded by those trees and don’t do as well as in other locations.  Mr. Ussery indicated they will review the situation and report back to staff.  Commissioner Matthews was amenable to that resolution; Commissioner Farmer had no concerns; the remainder of the Commissioners had no issues.

MOTION TO APPROVE the Application of  Southern Auto Sales, Inc for a site plan modification to construct a two bay addition to the auction facilities at 161 South Main Street.  B-2 &  A-1 Zones , Map 34, Blk. 21 Lot 66.

This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:

Referenced Plans:

-       Sheet 1 of 3 – Cover Sheet – Southern Auto Sales, Inc, 161 South Main Street, East Windsor, CT  prepared for Southern Auto Sales, Inc, 161 South Main Street, East Windsor, CT 06088  860/292-7500 prepared by J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 06088 860/623-0569 fax: 860/ scale: 1”=400', dated 10/12/06

-       Sheet 2 of 3 -  General Location Survey -Lanes 19 & 20 Addition scale 1” = 200’
-       Sheet 3 of 3 – Site Plan 1” = 40’

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

7.      All public health and safety components of the project must be satisfactorily completed         prior to occupancy. In cases where all public health and safety components have been completed, the Zoning Officer may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.  

General Conditions:

8.      In accordance with Section 13.5.4 of the Zoning Regulations, any approval of a site plan        application shall commence the construction of buildings within one year from the date  of approval and complete all improvements within five years of the date of approval,    otherwise the approval shall become null and void, unless an extension is granted by the        Commission.

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

10.     This project shall be constructed and maintained in accordance with the filed plans.    Minor modifications to the approved plans that result in lesser impacts may be allowed  subject to staff review and approval.

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

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

13.     By acceptance of this approval and conditions, the applicant, owner and/or their        successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval

14.     Any/All required landscaping shall be adequately maintained.

Guiliano moved/Gowdy seconded/
VOTE:           In Favor:       Unanimous (Farmer/Gowdy/Guiliano/Menard/Ouellette)


MOTION: To TAKE A FIVE MINUTE BREAK.

Gowdy moved/Guiliano seconded/
VOTE:           In Favor:       Unanimous (Farmer/Gowdy/Guiliano/Menard/Ouellette)

The Commission RECESSED at 7:48 P. M. and RECONVENED at 8:05 P. M.

BUSINESS MEETING/(1)  Zoning Regulations:

Town Planner Whitten began discussion of the Zoning Regulations revisions with the following (Planning Consultant Poland arrived shortly thereafter):

Article V – Business and Industrial Districts, Section 5.20 – Permitted Uses in Business and Industrial Districts; Page 34: add veterinary office as allowed in B-1, B-2 and M-1 Zones, if with kennel services under Special Use Permit to be located one tenant space away from food service operations/restaurants.

Section 2.30 – Definitions, Page 15 – mechanical or electronic amusement devices:  removed from definitions, such devices were previously allowed under Special Use Permit for not more than 3 machines. Discussion continued regarding accessory vs. commercial use.

Article VIII – Special Regulations, Section 8.20 – Multi Family Development District (MFDD), Subsection 7, Commission Approval, Page 70:  the only present requirement is advertisement in local newspapers twice before public hearing.   Town Planner Whitten suggested signs should be posted on the property advising the public of the pending public hearing; certified mailings (with return receipt) should be made to immediate abutters.  The Commission decided certified mailings to be made by, and at the expense of the developer to the abutters, including those across the street, within 100’ of the subject property; certified return receipts to be submitted to the Planning Office.  Signs are also to be posted on the property.  

Town Planner Whitten also noted that presently the developer is required to list all abutters within 1200 feet of the property boundary on the plans, and to provide a location plan showing the adjacent zoning districts within 1200 feet of the development.  The Commission preferred those requirements remain in the regulations at this time.  

Article VIII – Special Regulations, Section 8.20 – Multi Family Development District (MFDD), Subsection 10, Minimum Floor Area, Unit Mix, and Utilities, Page 71:  percentage allocations for apartment mix to be researched.

Article VIII – Special Regulations, Section 8.20 – Multi Family Development District (MFDD), Subsection 17, Parking and Access Drives, Item C – Visitors Parking Locations, Bullet C, Page 74:  the word “detracts” is nebulous, alternative language to be reviewed.

Article VIII – Special Regulations, Section 8.20 – Multi Family Development District (MFDD), Subsection 19, Landscaping, Bullet 5, Page 75:  revise language to “……..proposed landscaping shall be designed and located to not unduly obstruct line-of-sight for vehicles………..”

Article VIII – Special Regulations, Section 8.20 – Multi Family Development District (MFDD), Subsection 20, Phasing, Page 75:  revise language to “………at the express direction of the Commission,……..”

Article VIII – Special Regulations, Section 8.10 – Hotels & Motels, Subsection 2, Additional Requirements, Page 76:  Town Planner Whitten noted extended stay facilities are allowed, yet cooking facilities are not allowed within hotels/motels.   Language to be reviewed.  

Chairman Ouellette questioned where in the regulations would it be specified that a traffic study for larger hotel/motels could be required?   Discussion ensued regarding options; Mr. Poland cited Section 7.10.3 under Special Permit Uses as a reasonable request for traffic studies to assess adequate access.

Article VIII – Special Regulations, Section 8.20 – Wireless Telecommunication Sites, Subsection 2, Location Preferences, Page 77:  Mr. Poland noted that while the decision with regard to location for a telecommunications towers is made by the State Siting Council each town’s “order of preference” is taken into consideration when making that decision.   This section notes East Windsor prefers that towers be added to existing structures first, that they prefer nothing in excess of 60’ in any zone, etc.  

Article VIII – Special Regulations, Section 8.20 – Wireless Telecommunication Sites, Subsection 4, General Requirements, Bullet a, Page 77:  Mr. Poland suggested that the language in bullet a – “no wireless telecommunication site shall be located within 200 feet of an existing or proposed residence” – may refer back to the distance of the “fall zone”.  

Article VIII – Special Regulations, Section 8.30 – Alcoholic Beverages, concluding paragraph, Page 78:  revise language to “……..Temporary liquor permits for non-profit or non-commercial organizations may be granted by the ZEO Planning and Zoning Commission.

Article VIII – Special Regulations, Section 8.40 – Solid Waste Facilities, Subsections 1 – 6, Pages 78 - 80:  Delete at present as there is no M-2 Zone.

Article III – General Provisions, Subsection 3.4 – Uses Permitted in Any Zone, Page 23:  Mr. Poland suggested the Commission may want to consider adding “municipal transportation” to the list of allowable municipal facilities/uses.

Article VIII – Special Regulations, Section 8.60 – Excavation, Page 81:  This section to be deleted as it is being replaced with Section 8.13.

Article VIII – Special Regulations, Section 8.90 – Flood Hazard, Subsection 6, Definitions, Page 86 and 87:   These definitions are based on State definitions specific to flood plain/hazard regulations.

Article VIII – Special Regulations, Section 8.90 – Flood Hazard, Subsection 12, Bullet a – Certification, Page 88:  revise language to “……….where required under this Section, a registered licensed professional engineer or architect shall certify …….   Such certification must be provided to the Zoning Enforcement Official, and/or Town Engineer.”

Article VIII – Special Regulations, Section 8.90 – Flood Hazard, Subsection 12, Bullet b – Application, Page 88, third and sixth sub-bullets:  revise language referencing “registered professional engineers” to “licensed professional engineer.

Article VIII – Special Regulations, Section 8.90 – Flood Hazard, Subsection 12, Bullet b – Application, Page 89, Fourth sub-bullets:  revise language referencing “registered professional engineers” to “licensed professional engineer.

Article VIII – Special Regulations, Section 8.90 – Flood Hazard, Subsection 13, Bullet b – Specific Standards, Page 90:  language referencing “……special flood hazard A1-30, AE, and AH Zones…….” identifies coding on FEMA maps

Article VIII – Special Regulations, Section 8.90 – Flood Hazard, Subsection 13, Bullet b – Specific Standards, Page 90, 2nd and 4th sub-bullets:  revise language referencing “registered professional engineers” to “licensed professional engineer.

Article VIII – Special Regulations, Section 8.11 – Service Stations, Page 91:  languague referencing “……..provided it is part of a comprehensive plan of commercial development of five or more contiguous acres………..”; intent is to be reviewed/researched.

Article VIII – Special Regulations, Section 8.12 – Livestock, Subsection 2 – Applicability, Page 92:   language referencing R Zones and A Zones as a category should be listed specifically, i.e. R-1, R-2, etc.

Article VIII – Special Regulations, Section 8.13 – Earth Removal & Filling, Page 92 - 4:   To be reviewed further.

Article IX – Administration & Enforcement, Section 2 – Special Permit Application, Bullet c, Page 95:  Discussion of reason for vote and methods to reflect same.

Article IX – Administration & Enforcement, Section 9 – Planning and Zoning Commission, Subsection 3 – Site Plan Application, Page 96:  To be reviewed further.

Article IX – Administration & Enforcement, Section 9 – Planning and Zoning Commission, Section 3 – Site Plan Application, Subsection iv, third sub-bullet, Page 97:  Maximum height of light poles determined to be 15 feet.  

Article IX – Administration & Enforcement, Section 9.10 – Administration by Staff, Subsection 4 – Certification of Occupancy, item d, Page 101:  Discussion of clarification of definition of “4-wheel vehicular traffic.”    To be reviewed further.  

(General) Definitions:  Discussion of acreage required for farms.   To be reviewed further.



BUSINESS MEETING/(2)  Correspondence:

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.”    Chairman Ouellette and Commissioners Tyler, Gowdy, Saunders, and Guiliano would like to go.

BUSINESS MEETING/(3)  Staff Reports:            None.

APPROVAL OF MINUTES:  February 13, 2007:

MOTION: To APPROVE the Minutes of Public Hearing #1500 dated February                   13, 2007 AS AMENDED.

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

SIGNING OF MYLARS/PLANS, MOTIONS:       None.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 10:00 P. M.

Guiliano moved/Gowdy seconded/
VOTE:           In Favor:       Unanimous (Farmer/Gowdy/Guiliano/Menard/Ouellette)

Respectfully submitted,

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