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April 10, 2007 Minutes

Public Hearing #1504
April 10, 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 7:04 P. M. by Chairman Ouellette.


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


Chairman Ouellette noted addition of the following Application:   Beth Connor, Application for a one day Liquor Permit for charity event to be held at Sports World on Thursday, April 26, from 5:30 p.m. to 9:00 p.m.


Chairman Ouellette noted receipt of the following Applications:

1)      Application of Beth Connor for a Temporary Liquor Permit Liquor Permit in conjunction with charitable event to be held at 227 Main Street, East Windsor (Sports World) on Thursday, April 26, from 5:30 p.m. to 9:00 p.m.  [M-1 Zone; Map 4, Block 12, Lot 30A].


The following Legal Notice, which appeared in the Journal Inquirer on Thursday, March 29, 2007 and Thursday, April 5, 2007, was read by Chairman Ouellette:
1)      Southern Auto Sales, Inc. for a Special Use Permit/Excavation, to import approximately 10,700 cubic yards with material to construct a landscaped berm, on property located on the south side of Phelps Road.  [A-1 Zone; Map 34, Block 21, Lot 12].

2)      Steve Dearborn for a Special Use Permit and Modification of Approved Site Plan to expand approved parking and storage area for a volume reduction facility located at 68 Newberry Road, owned by Newberry Road Enterprises, LLC.  [M-1 Zone; Map 15, Block 19, Lot 6]  

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS:  Coleman Farms – Request from Leonard Jacobs for an extension of the time limit for the special Use Permit for Coleman Farms, Tromley Road.  (Extended through 5/9/07):

Chairman Ouellette read the description of this Item of Business.  Town Planner Whitten noted the Applicant has submitted a letter requesting that this Application be continued to the Commission’s April 24th Meeting.   They have made progress on their agreement.

MOTION: To TABLE the Application of Coleman Farms – Request from Leonard Jacobs for an extension of the time limit for the special Use Permit for Coleman Farms, Tromley Road until the Commission’s next regularly scheduled Meeting on April 24, 2007 at 7:00 p.m. at                 the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

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


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

NEW BUSINESS:  Application of Beth Connor for a Temporary Liquor Permit Liquor Permit in conjunction with charitable event to be held at 227 Main Street, East Windsor (Sports World) on Thursday, April 26, from 5:30 p.m. to 9:00 p.m.  [M-1 Zone; Map 4, Block 12, Lot 30A].

Beth Connor introduced herself as the Director of Community Development for Community Health Resources, and gave a description of the programs offered.   She noted one is a safe house/home in Enfield which is a place for children to go when they are taken from their home by the State.   As the State does not completely fund these programs they need to do various fundraisers, including this Volley Ball with the Stars, which is a celebrity volleyball tournament being held at Sports World on April 26th.  Ms. Connor indicated they are proposing to serve liquor and wine, which is being provided by the Outback Steakhouse in Enfield.

Commissioner Gowdy questioned if they would have police protection at this event?   Ms. Connor indicated they would have one policeman on duty.  

Town Planner Whitten noted she was concerned about the parking availability as there are only 128 spaces on the site.  Ms. Connor suggested they anticipate approximately 150 people will attend this event; she felt some will carpool.  Town Planner Whitten indicated she had no other concerns.

Commissioner Matthews requested clarification that the event was being catered?  Ms. Connor replied affirmatively, noting Outback Steakhouse would be the provider.  

Commissioner Farmer questioned if this would be an event for minors as well as adults, and will there be a specific drinking area?  Ms. Connor referenced a map of the interior of Sports World, noting the location of the proposed event and various food/drink tables.   She indicated they will occupy the second field of the interior of the complex.  She further noted that the Outback Steakhouse has a policy that they card everyone; they will do the same for this event as they anticipate that some people under 21 will attend.

Chairman Ouellette questioned the proposed hours for this event?  Ms. Connor indicated 5:30 to 9:00, with liquor sales being offered until 7:00 p.m.  The Outback Steakhouse will then clear up the food and drinks; they will offer only soda and water after that.

MOTION: To APPROVE the Application of Beth Connor and owner Michael     Fioretti (Sports World) for a (one day) Temporary Liquor Permit for charity event to be held at Sports World on Thursday, April 26th,   hours of operation are from 5:30 to 7:00 p.m.

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

Chairman Ouellette noted that although the hours of the event are 5:30 to 9:00 p.m. the hours for serving liquor have been revised to 5:30 to 7:00 p.m.

NEW HEARING:  Southern Auto Sales, Inc.Special Use Permit/Excavation, to import approximately 10,700 cubic yards with material to construct a landscaped berm, on property located on the south side of Phelps Road.  [A-1 Zone; Map 34, Block 21, Lot 12].  (Deadline to close hearing 5/15/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was T. Mark Barbieri, representing the Applicant; Jay Ussery of J. R. Russo & Associates; and Rick Nadeau, second in command for Southern Auto Sales, Inc.

Attorney Barbieri noted there are some questions with regard to the conditions of the Special Use Permit – Section 12.5.3 indicates if the fill comes from outside town then you don’t need a permit, while Section 12.5.5 states that if it’s more than 100 cubic yard then you don’t need a permit.  He suggested this is not a complex Application, but they have had opposition from the neighbors in the past.  Attorney Barbieri requested that the Application be tabled until there are more Board members present for discussion.

Chairman Ouellette questioned what further advice the Commission would be getting by delaying the Hearing?   Town Planner Whitten suggested the Applicant wasn’t looking for advice from Staff but was looking for more Commission members to have more meaningful discussion on the need to acquire a Special Use Permit.

MOTION: To TABLE the Application of Southern Auto Sales, Inc. for a Special Use Permit/Excavation, to import approximately 10,700 cubic yards with material to construct a landscaped berm, on property located on the south side of Phelps Road.  [A-1 Zone; Map 34, Block 21, Lot 12] until the Commission’s next regularly scheduled Meeting on April 24,    2007 at 7:00 p.m. at the Town Hall Meeting Room, 11 Rye Street,         Broad Brook, CT.

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

The next item on the Agenda was the Application of Steve Dearborn.   Town Planner Whitten noted Mr. Dearborn was not yet in attendance due to the position of his Application on the Agenda.  She suggested the Commission could move to the Business Items, or take a break.


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

The Commission RECESSED at 7:22 p.m. and RECONVENED at 7:32 p.m.

NEW HEARING:  Steve Dearborn – Special Use Permit and Modification of Approved Site Plan to expand approved parking and storage area for a volume reduction facility located at 68 Newberry Road, owned by Newberry Road Enterprises, LLC.  [M-1 Zone; Map 15, Block 19, Lot 6]  (Deadline to close hearing 5/15/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Steve Dearborn, of 144 East Road, owner of  Newberry Road Enterprises, LLC.  

Mr. Dearborn indicated he is present to expand the area which was previously approved; he referenced his plans, noting the wetlands area and citing that the “green” area is the area in which he wants to expand.  He suggested the area will be increased by 3 to 4 acres.  He is appearing to request approval of a volume reduction facility permit; he will be bringing in wood chips, concrete, and amesite for grinding but no demolition materials or household garbage.  

Chairman Ouellette questioned if the “green” area would be large enough to take care of Mr. Dearborn’s anticipated needs for the near future; Mr. Dearborn replied affirmatively, noting he does not want to be a big operation.  Chairman Ouellette requested clarification as to where the location of the house which is to be demolished is to the “green” line?   Mr. Dearborn referenced same on the plan.   Chairman Ouellette noted the “green” line is at the back line of the current house location.   Mr. Dearborn suggested the “green” line almost goes through the house location; he noted the house will be gone in about a month as it will be burned by the Warehouse Point Fire Department.  

Chairman Ouellette questioned if the debris from the stockpiles would blow into the street on a windy day?   Mr. Dearborn felt not, as it’s pretty heavy.   He suggested the stuff that’s there will sit for a year to darken and then they will run it through a grinder.  Chairman Ouellette questioned how high the stockpiles would be?   Mr. Dearborn suggested only as high as the loader can go; he doesn’t want to compact the pile as it will get hot in August.  He suggested the height might be as high as this room.   Chairman Ouellette noted they are higher now.   Mr. Dearborn indicated the chipper blew them up there; they will only be as high as the loader can go.  He cited the Connecticut Mulch operation as an example.   Commissioner Gowdy questioned if the loader would go as high as 14’?  John Cohen, employee of Herb Holden Trucking, interjected from the audience, noting that a loader would probably go as high as this room.   Commissioner Matthews requested a condition specifying the height be added to the approval.   Mr. Dearborn requested 20’; the Commission concurred.

Chairman Ouellette questioned if, when Mr. Dearborn would be coming across the stockpiles, would he be moving from the front?   Mr. Dearborn suggested the materials will be in rows; he will start on one side and work towards the east.   When the materials are ready to be used they will start on the side they worked on first; they will be using the old stuff first.  Commissioner Farmer suggested the installation of jersey barriers in this area, as there are existing piles outside the approved area.  He suggested it looks as if there are piles in the wetlands.   Mr. Dearborn suggested they were there because of the farming operation – as-of-right.   Commissioner Farmer suggested it looks like it’s partly in the wetlands now; he is suggesting the jersey barriers to prevent further encroachment east and west.   There is nothing stopping this material from being pushed back.   He would like the installation of the jersey barriers.  

Mr. Dearborn felt he could not live with that suggestion, while he could live with them on the south side.   He suggested that “this” area over here will be corn; he will have people running equipment into the jersey barriers.  Commissioner Farmer asked that approval include a condition that the jersey barriers be installed when the expansion occurs.  Town Planner Whitten noted the stockpiles in the wetlands currently are there by right by the use as a farming operation; they are proposed to be relocated to the other side.  The Wetlands Commission has approved that plan, and asked that jersey barriers by installed to the south to protect wetlands and to prevent encroachment in that area; they felt that silt fence could be knocked down easily.  The reason the stockpiles were located on that side was Mr. Dearborn would have had to go to the Army Corp of Engineers (ACOE) otherwise.  He is now showing the maximum of what he wants to do, and that will take some time.   Town Planner Whitten noted if the stockpiles get too high, etc., he will be in violation of the permit and we will go for enforcement.  Commissioner Farmer indicated he understood, but questioned how to contain the operation if it gets full blown?   Mr. Dearborn noted he suggested at the Wetlands Hearing that he could install flags on the fence at the back which would be visible from the street.  
Chairman Ouellette questioned Mr. Dearborn’s anticipated hours of operation?   Mr. Dearborn indicated he starts at 6 in the morning but wouldn’t be processing anything at 6:00 a.m.; he sometimes does screening on Saturday to keep up with the demand but there is no reason to be grinding mulch on Sunday.   Mr. Dearborn suggested there is no reason to start making materials before 7:00 a.m.  Commissioner Gowdy questioned the hours of operation for Herb Holden’s concrete crushing plant?   John Cohen, manager of Herb Holden Trucking speaking from the audience again, suggested 7:00 a.m. to 4:30 p.m. Monday through Friday; no Saturday or Sunday operation.   Commissioner Gowdy felt this permit should be consistent with the hours of operation for other facilities – 7:00 a.m. to 4:30 p.m. Monday through Friday, no Saturday or Sunday operation.    Chairman Ouellette noted he didn’t disagree but also noted Mr. Dearborn is operating a contractor’s storage yard as well; would those hours of operation be for only the volume reduction facility?   Town Planner Whitten suggested the Commission could make that specification a condition of approval.  Chairman Ouellette questioned Mr. Dearborn if that would be reasonable for his operation?    Mr. Dearborn replied affirmatively, noting it would be nice to have half a day on Saturday but he understands the Commission wants to stay with the same hours approved for other operations.

Chairman Ouellette questioned the anticipated amount of truck traffic as the business becomes successful?   Mr. Dearborn suggested that if he goes to Maine to get the mulch it would be one truck per day; he if gets the material locally it may be 4 to 5 trucks per day but it is difficult to predict.   He suggested it will be less truck traffic than Central Transport; C&S Wholesalers has trucks going into the mushroom farm constantly.   Mr. Dearborn suggested it’s an industrial area and no one has to go through a residential area.  

Commissioner Gowdy questioned the status of the situation with the water and the sewer?  Mr. Dearborn indicated he will be hooking into the sewer; the Assessor’s card said the well was contaminated.  He suggested he had it tested for everything - solvents, cleaners, etc., - and it came back clean.   Commissioner Gowdy questioned that there were no EDBs in the water?   Mr. Dearborn replied negatively, noting it was always a horse pasture; he couldn’t recall that crops were ever grown on the property.  Commissioner Gowdy questioned if the Town had been provided with a copy of that report?   Town Planner Whitten replied affirmatively, noting she had spoken with Mike Carona of the North Central Health Department (NCHD).  His concern was that there was a report of contamination, and the Department of Environmental Protection (DEP) wanted a follow-up report in 1992; then the issue was dropped by DEP and the owners at that time.  A sample of the water was currently taken in by the current owner; it must be taken by a certified person so the suggestion was made to hook up to the sewer and it will be approved by the NCHD within 90 days.  Chairman Ouellette questioned if the Commission could approve the Application without those conditions in place?   Town Planner Whitten suggested there isn’t a lot of bodily activity on the site; it isn’t like it’s a retail business.  She felt Mr. Dearborn wouldn’t be likely to drink the water if he felt it was contaminated.   They will allow him to install a portipottie until the hookup is installed.   Mr. Dearborn indicated he will be retaining his office on Rye Street as the area on Newberry Road isn’t large enough.  Town Planner Whitten reiterated Mr. Dearborn has approval for a contractor’s storage yard; this Application is for an expansion which will not start right away.   Mr. Dearborn suggested if they dug the holes now they would fill up with water; the 90 days gives them time for the land to be workable.

Chairman Ouellette questioned if there would be any additional outside lighting?   Mr. Dearborn replied negatively.

Commissioner Matthews questioned if the new area would be paved?   Mr. Dearborn replied negatively, noting he will be driving in that area with payloaders.   Where the mulch will be located he will retain 2’+/- to drive on so they won’t get into the dirt; with the processed materials he would retain 6” of stuff to drive on.  Mr. Dearborn suggested he is nowhere the “red” area with the processed stone; it’s trap rock which packs down pretty good.  He will be coming in, going around the building, and parking on the processed stone; the pavement is in front of the doors to the building.

Chairman Ouellette noted previous discussion of proposed landscaping, and requested an update.   Mr. Dearborn indicated he will retain a grassy strip from the other side to keep people away from the well casing; he will install a nice flagpole in front.  Commissioner Matthews questioned if Mr. Dearborn had any plans for landscaping in front near the “green” line to the north edge?   He noted there are 20’ high stockpiles on site, then he will be adding concrete, noting it’s not the prettiest sight and people are already commenting on the existing piles.  Mr. Dearborn suggested it depends on how neatly the materials will be stockpiled.   Commissioner Matthews suggested the stockpiles will be 20’ high and 200’ long, which are substantial stockpiles; he felt it is out of context with what’s out there now.   He cited people trying to develop Newberry Road; he felt this will influence people trying to develop the area.  Mr. Dearborn reiterated he wouldn’t be out there for a long time, but anything he planted would take 20 to 25 years to grow and by then this land would be developed with an industrial building; anything he plants will be cut down.   Commissioner Farmer suggested Commissioner Matthews was alluding to the installation of a berm.   Commissioner Matthews suggested planting fast growing poplars along the length of the “green” line; in 5 years nothing would be seen.  Mr. Dearborn objected to the poplars, suggesting he didn’t feel they would look nice.   Commissioner Matthews suggested adding a condition that when the piles are started then the landscaping will be installed; Commissioner Farmer concurred.  Chairman Ouellette questioned what will occur in the Winter when the leaves fall from the poplars?   Commissioner Gowdy noted he is in favor of landscaping and understood the intent of the additional screening but questioned what would be achieved?   Discussion continued for some time regarding various options for types of trees (deciduous interspersed with evergreens vs. ornamental flowering trees), height of same (50’ growth to screen 30’ to 40’ piles), how they should be planted, and the viability of Newberry Road as a continuing industrial location.

Chairman Ouellette opened discussion to the audience:

Bill Loos, Melrose Road:  suggested Mr. Dearborn is running an operation on Route 5 with piles of materials; he sees nothing wrong with it.  Chairman Ouellette questioned the height of the piles on Route 5; Mr. Loos suggested they weren’t that high but are stones, rocks, etc.  He suggested he didn’t see anything else going in on Newberry Road that this should be a problem for.   He suggested the mushroom factory will be running a road on the other side.  Mr. Loos felt this wouldn’t look as bad as the farm with piles of horse manure.  Mr. Dearborn stated the piles at Stone Works (Route 5 operation) are probably 12’ high.   Commissioner Gowdy agreed presentation makes a difference.  Mr. Loos felt the operation should look nice; he felt the Commission should approve the Application.  

Rand Stanley:  reported he lives in front of Mr. Dearborn’s operation (on Rye Street), he cited Mr. Dearborn has been a good neighbor, he provides jobs to the community, he felt the operation will look different when there is 10’ of corn growing in front of it for 5 months.

Commissioner Matthews indicated he didn’t see any landscaping reflected on the plan submitted to the Commission; Mr. Dearborn indicated he hadn’t added it because it will go in the area where the house is now located to the other side of the well and go back to the “red” line.  Town Planner Whitten requested clarification that it would go back to the existing metal building?   Mr. Dearborn indicated it will go back to the “red” area.  Town Planner Whitten questioned if they took the “red” line to the left and ran it to the road that area would be grass?  Mr. Dearborn replied affirmatively, noting it would be mowed lawn.  Town Planner Whitten scaled the area, noting it appears to be 170’+/-.

Discussion returned to screening of the stockpiles.  It was noted utilities should be located within a 15’ Town right-of-way; screening should begin behind that.  The same discussion points were raised again.  Commissioner Matthews cited he would like to see the entire 565’ length of frontage planted with trees spaced no more than 15’ apart alternating evergreen with deciduous trees.  Commissioner Gowdy felt the plantings should be hemlock spaced 4’ apart.   Mr. Dearborn suggested he preferred some type of flowering ornamental tree – such as flowering crabapple – planted along the front every 25’ to 30’ apart; Commissioner Matthews concurred it was a start.  Commissioner Gowdy concurred; Chairman Ouellette suggested it would add something visually to the property.  Mr. Dearborn agreed.  Town Planner Whitten noted it would not block the stockpiles in the Winter; she also noted the distance is 561’ and clarified the areas on the plans.    See condition #21 for resolution.

Discussion turned to the height of the stockpiles for recycled materials; Mr. Dearborn is looking for something higher than the 20’ to be allowed for the mulch.  Commissioner Matthews requested the concrete be stockpiled further to the south to keep it further from the street.   Mr. Dearborn felt he could put the concrete stockpiles on the back side where the top soil is; the grinder and the screener are portable and can be moved around.    Discussion continued regarding various height.   John Cohen, (manager of Herb Holden Trucking) speaking from the audience again, suggested a reasonable height would be 30’.  Mr. Dearborn requested a higher height; the Commission noted the present wood chip pile is 50’+/- ; Mr. Dearborn disagreed.  The Commission compromised on a stockpile height of 40’ for the concrete.    Town Planner Whitten noted the wood chip pile is closer to the road; she requested the location of the stump/wood chip pile and the concrete stockpile be switched and referenced on the plans.    See conditions #22 and #23 for resolution.

Discussion returned to installation of jersey barriers near the wetlands on the property.   Commissioner Farmer would like a permanent physical barrier when the volume reduction material stockpiles go in, even if it’s 10 years from now.  Town Planner Whitten noted the Wetlands Commission was worried about dirt leaching into the corn field and requested installation of jersey barriers on the south side in place of the silt fence.  Mr. Dearborn reiterated he suggested at the Wetlands Hearing that he could install flags on the fence at the back which would be visible from the street; Chairman Ouellette noted if he goes beyond that area the Zoning Enforcement Officer will enact enforcement procedures.  Town Planner Whitten noted the Wetlands Official will be involved in enforcement as well.   See condition #19 for resolution.
Chairman Ouellette queried the audience for comments again; no one requested to speak.

 MOTION:        To CLOSE the Public Hearing on the Application of Steve Dearborn for a Special Use Permit and Modification of Approved Site Plan to expand approved parking and storage area for a volume reduction facility located at 68 Newberry Road, owned by Newberry Road                Enterprises, LLC.  [M-1 Zone; Map 15, Block 19, Lot 6]  

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


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

The Commission RECESSED at 8:50 p.m. and RECONVENED at 8:56 p.m.

MOTION TO APPROVE the application of Steve Dearborn,  requesting a modification to Site Plan approval, and a Special Use Permit per Section 9A5 of the Zoning Regulations to establish a volume reduction facility for processing of topsoil, mulch and asphalt, storage and loading, and contractor storage yard at 68 Newberry Road. M-1 Zone. (Map 15, Block 19, Lot 6) This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:
Referenced Plans:

Compilation Survey prepared for property at 68 Newberry Road, East Windsor, CT prepared by Landmark Surveys, LLC, 62 Lower Butcher Rd, 860/875-8204, Ellington, CT scale 1” = 60’, dated 1/18/07, last revised 3/23/07.

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

Conditions which must be met prior to certificates of compliance:

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

5.      The Fire Marshall must review application and sign building permit application.         Concerns such as height of wood chip piles, location of fire hydrant, and adequate      management of saw dust should be considered and addressed.

6.      This application specifically allows the storage and processing of wood products        on the subject site.  This includes wood mulch, sawdust and other similar wood  by-products. Additionally, storage and processing of topsoil, and asphalt and   concrete is permitted. The applicant may sell at wholesale or retail finished by-       products.

General Conditions:

7.      Conditions as set forth in Section 9.1.2 of the East Windsor Zoning Regulations         shall be adhered to.

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.     A Zoning permit is required annually with documentation that the site and       activities is in conformance with the original permit

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

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

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

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

(Additional Conditions):

15.     Material processing activity on the site shall not occur before 7:00 a.m. and   shall not be opened or operated later than 4:30 p.m. on weekdays, Monday        through Friday, and no operations on holidays and weekends.

16.     Water must be hooked up to either an approved well or public water within 90    days.  North Central Health District must approve final hookup.

17.     Sewer must be hooked up within 90 days with Water Pollution Control     Authority approval.

18.     Wood chip/mulch piles shall not exceed 20 feet in height

19.     A field locator such as permanent stakes shall be placed on the site to show extent of stock pile areas in the field.

20.     A lawn area shall be established between the contractors storage yard and road.         Area to be shown on final plans and approved by Staff.

21.     Ornamental flowering trees shall be placed along road frontage west of drive    (approximately 561’ section).  Trees to be placed approximately 25’ on center.   Area to be shown on final plan and approved by Staff.

22.     Concrete stockpile shall not be closer than 250’ from the road and not to exceed        40’ in height.

23.     Stump stockpile and concrete stockpile location shall be switched.

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

For clarification, Chairman Ouellette requested review of the hours of operation; see condition for specifics.

BUSINESS MEETING/(1) Zoning Regulations – Proposed Draft:  Section 8.13 Earth Removal & Filling:

Town Planner Whitten noted she had received comments from Chairman Ouellette and Commissioner Tyler.   She has basically rewritten the regulation from scratch but feels this is a good place to start from.  

The Commissioners and/or audience members offered the following comments:

v       Minimum Standards/d. – Soil Stockpiling:  ………..  Such   No topsoil shall not be sold or removed from the premises.   Stockpiles of materials shall not be located within 100 feet of any property or street line.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 

v       Minimum Standards/f.  Phasing:  Considerable discussion occurred regarding the number of acres allowable within each phase vs. foregoing phasing, and the advantages of phasing vs. working an open pit.  Discussion opened with the suggestion to phase in 7 acre increments.  John Cohen, manager of Herb Holden Trucking, suggested 7 acres can be workable  if they can be reclaiming one phase while working on the next phase.   The demand for a product is market driven; in the Winter everyone needs sand while in the Summer everyone is looking for gravel.  The layers of materials also change rapidly; sometimes you need the ability to work multiple phases to provide the product needed.    Mr. Cohen agreed phasing was needed to maintain control; they must have the ability to work with the use of a master plan.      

        The Commission agreed to maintain phases at 7 acres.    

v       Minimum Standards/m.  HOURS OF OPERATION:  It was noted previously that there was disagreement as to the hours of operation.  Commissioner Guiliano and Commissioner Menard favored 7:30, citing existing conditions where trucks travel through residential neighborhoods and line up with motors running prior to the 7:00 a.m. opening of existing pits.  Commissioner Tyler felt the 7:00 a.m. opening was more productive to the gravel operation and kept trucks off the roads within residential neighborhoods later in the evening when kids were home from school.   Commissioner Farmer favored 7:00 a.m. to 4:30 p.m.   Chairman Ouellette and Commissioner Gowdy favored 7:30.

        Discussion continued regarding the affect of the limitation of the number of trucks     per day.  Chairman Ouellette cited limitations reduce the traffic level but can extend the duration of the operation of the pit.  John Cohen, speaking from the         audience, cited the destination of the load makes a difference; if they are delivering to the East Windsor Industrial Park then the 60 trucks could be done by noon, while if they are delivering to Glastonbury then the ability to work later in      the day would enable them to make up for the longer distance.  Chairman         Ouellette and Commissioner Gowdy and Farmer agreed to 5:00 p.m.;  Commissioner Matthews abstained from the consensus poll.  

        The Commission decided on 7:30 a.m. to 5:00 p.m.    

v       Minimum Standards/m.  ACCESS LOCATION:  No change.

v       Minimum Standards/i:  FINISHED GRADES:  Discussion followed regarding the degree of grades – 4:1 vs. 3:1 vs. 2:1 – and it’s relation to adjacent topography.  Town Planner Whitten noted subsection a – MINIMUM SETBACKS – allows an applicant to go to the buffer and with an adjacent landowner to crate better grades, with the goal being to be as nature-friendly and as aesthetically pleasing as possible.  

v       Minimum Standards/l:  TRAFFIC:  Discussion of varying tolerance levels with regard to traffic, proposed locations, and the affect of information provided by traffic studies.

v       Minimum Standards/q:  DEPTH OF WATER TABLE:    Discussion began with the controls available to monitor excavation in relation to the water table.  Commissioner Gowdy felt the need for interim monitoring/reporting as “as-builts” typically are not provided until the end of a project.  The installation of field markings was discussed.  John Cohen agreed if field markings were available the operators could check their work themselves; he indicated no one wants to violate an operation but noted it’s difficult while excavating (without markers) to know where you are.  Commissioner Gowdy suggested submission of monthly reports with cost to be born by the excavator as a means of accountability for the operation.   Commissioners discussed the preferred distance between water table and end of excavation, with depths ranging from 10’ to 12’ above water table.  

        The Commission decided they would like reports of actual grades be submitted    once the grades reach 18’ above the water table, with the reports being submitted       at 2 foot intervals or quarterly, whichever occurs first.                                                                                        

v       Minimum Standards/o:  ACCESS MAINTENANCE:  Commissioner Matthews requested anti-tracking pads longer than 300’.  John Cohen, speaking from the audience, suggested the distance is more than sufficient; if the problem is tracking mud on the road then you need to bring in a sweeper as soon as possible.  Commissioners Gowdy and Farmer and Chairman Ouellette concurred with maintaining the anti-tracking pad at 300 feet.

v       ADDITION:  Minimum Standards/u:  STORAGE OF FUEL:  Storage of fuel is prohibited on site.

BUSINESS MEETING/(1) Zoning Regulations – Proposed Draft:  Section Volume Reduction Facilities:

v       Minimum Standards/h:  (odor):  Commissioner Matthews felt a manner of determination for the “noxious odors” should be set.   He felt that determination should be made by 3 members of the Commission when visiting a site.  Town Planner Whitten cited several reasons why the Commission wasn’t the appropriate entity; she noted odor would become an enforcement issue to be determined/enacted by the Zoning Enforcement Officer (ZEO).

        Commissioner Matthews questioned how to control rodents?  Town Planner Whitten noted materials will not be on site for more than 8 hours at a time, and municipal solid waste is shipped out daily.

        Commissioner Matthews felt the hours of operation should be included in the     regulation.  Town Planner Whitten indicated hours of operation should be determined specific to application proposal rather than set in regulations.  

        The consensus of the Commission was that this regulation draft is fine as written.


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

BUSINESS MEETING/(2)  Agricultural Viability Bylaw Project (Model Regulations):

Town Planner Whitten noted East Windsor is working with CRCOG on these regulations.   The goal is to make them as generic as possible so the farmer can go from town to town and know what to expect.

Commissioner Gowdy noted the definition of farming shown as a footnote on pages 1 and 2 is the entire paragraph.

Chairman Ouellette questioned no specification for height of buildings.  Town Planner Whitten noted agricultural buildings are exempt from height limitations, and many have cupolas or are structures such as silos.  

Town Planner Whitten noted the amount of acreage may need to be changed for East Windsor regulations (currently requires 3 acres of land); this proposal is based on State regulations (requires 4 acres of land).  

Town Planner Whitten noted she will be reviewing these model regulations with the Natural Resource Commission tomorrow night.  

BUSINESS MEETING/(3)  Correspondence:

UCONN website: NEMO

BUSINESS MEETING/(4)  Staff Reports:  Nothing additional

APPROVAL OF MINUTES/March 27, 2007:     Table to next meeting.


·       KFG Realty, 24 Newberry Road.



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

Respectfully submitted,

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