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July 24, 2007 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1511 - July 24, 2007
TOWN OF EAST WINDSOR


***** Draft Document - Subject to Commission Approval *****



The Meeting was called to Order at 7:30 p.m. by Chairman Ouellette in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. 06016

ESTABLISHMENT OF QUORUM:

A quorum was established as 3 Regular Members (Gowdy, Menard, and Ouellette) and two Alternate Members (Farmer and Matthews) were present.  Regular Members Guiliano and Saunders and Alternate Member Tyler were absent.  Chairman Ouellette noted all five Regular Members will 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 Raymond Graczy, 250 Main, LLC for Modification of Approved Site Plan to change from a paved drive to a gravel drive at rear of addition at 250 Main Street, East Windsor.  [B-2 Zone; Map 22, Block 15, Lots 2 & 4].

2)      Application of Shoham Road Transfer, LLC for Amendments to Special Use Permit for operation of Volume Reduction Facility at 9 & 11 Shoham Road, owned by 9-13 Shoham Road, LLC (amending conditions 13, 14, 16, 17, 22 & 26).  [M-1 Zone; Map 3, Block 17, Lots S5 & S6].

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Friday, July 13, 2007, and Friday, July 20, 2007, was read by Chairman Ouellette:

1)      Application of LTP Realty, Inc. for a 3-lot resubdivision of property located on the west side of Winkler Road.  [A-1 Zone; Map 15, Block 17, Lot 19].
2)      Application of George Akkouris for an Amendment to previously approved Special Use Permit to allow the serving of alcohol on proposed 500 square foot deck at Golden Irene Restaurant, 18 Mullen Road, owned by Vasilios Akkouris. [B-1 Zone; Map 8, Block 25, Lot 2].

NEW HEARING:  Southern Auto Sales, Inc. - Zone Change from A-1 to B-2 for property located at 205 South Main Street, owned by LLC Partnership.  [Map 34, Block 22, Lots 4 & 6]  (Deadline to close hearing 8/24/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Attorney T. Mark Barbieri, and Jay Ussery, of J. R. Russo & Associates, representing the Applicant, and Rick Nadeau, Vice President of Southern Auto Sales.  

Attorney Barbieri and Mr. Ussery advised the Commission they and Mr. Nadeau met with owners on the west side of the Stoughton Ridge Condominium complex, and also with Kevin Carson, President of the Stoughton Ridge Condominium Association.  The owners in the southwest corner were the most interested as they would be most affected by this zone change relative to noise complaints; others were concerned with the lack of foliage on older plantings.  Attorney Barbieri indicated they will review the older plantings for resolution although that doesn’t impact this Application; they will also plant whatever is necessary within the 100’ buffer although it’s difficult to grow some species under adjacent canopy trees.  Attorney Barbieri noted some homeowners had requested the installation of sound barrier but it was felt that would limit air circulation.  Mr. Carson rejected the suggestion of the sound barrier.

Attorney Barbieri also noted Mr. Carson offered to write a letter indicating that he and the people of Stoughton Ridge Condominiums are satisfied with what Southern Auto Sales (SAS) is proposing; he sees no reason for the Commission to withhold the Zone Change.   A copy of the letter, written to Mr. Nadeau, Vice President of SAS, was READ FOR THE RECORD and submitted for the file by Attorney Barbieri.  

Attorney Barbieri also noted the Stoughton Ridge homeowners agreed there was other background noise besides that attributable to SAS; a hot-line number is being set up to report noise complaints associated with SAS.

Attorney Barbieri reviewed the criteria for approval of a Zone Change, and the relationship of this parcel to those criteria.  He pointed out this request is slightly off the intention of the Plan of Conservation and Development but the zone change for this piece is a logical request as the piece is an extension of the surrounding zone.

Chairman Ouellette queried the Commission for comments.  Commissioner Matthews recalled a complaint of noise from carriers unloading vehicles; he questioned if there was a possibility of improving, or limiting, that condition?  Attorney Barbieri noted that situation wasn’t really an issue for this application but also pointed out they have always responded to noise complaints, especially those of car alarms going off, expeditiously.  Discussion continued regarding the location of the emination of the noise, the cause of same, and plans to alleviate that which is possible.  Commissioner Menard noted she had been a resident of the southwest corner of Stoughton Ridge when a similar hotline existed; she indicated SAS responded quickly no matter the time of the morning.  Mr. Nadeau explained the process in place at that time; Attorney Barbieri noted they had not gotten complaints recently until this Hearing was being held.  Chairman Ouellette felt Mr. Carson wouldn’t have written his letter if he felt they would not be able to work out these issues.

Commissioner Matthews returned discussion to perimeter plantings.  Discussion continued as to the appropriateness of addressing perimeter plantings not associated with this Zone Change Application.   Town Planner Whitten suggested the comments would be more appropriate when the Applicant comes in for Site Plan Approval; this is a Zone Change Application, no site changes are being proposed.  

Commissioner Farmer felt SAS was setting a consistent pattern for changing agricultural properties to B-2 Zones.   While he felt SAS is a good business and a good neighbor he indicated he would like to see a land swap for development rights on future properties.  Town Planner Whitten suggested the idea wasn’t unreasonable to consider in the future.  Attorney Barbieri noted SAS has already done that (land near Flaherty Field Trial, and other properties).  Commissioner Menard felt the Applicant was of the same mind set as Commissioner Farmer’s proposal.  Attorney Barbieri reiterated that while it appears SAS is expanding at a significant rate their holdings are less than 1% of the business base of the Town.

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

MOTION: To CLOSE the Public Hearing on the Application of Southern Auto Sales, Inc. for a Zone Change from A-1 to B-2 for property located at 205 South Main Street, owned by LLC Partnership.  [Map 34, Block 22, Lots 4 & 6].

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

MOTION TO APPROVE the petition for a zoning map amendment requested by the applicant,  Southern Auto Sales, Inc. for a Zone Change from A-1 to B2 for property located at 205 South Main street [Map 34, Block 22, Lot 4 & 6] for a zone change.  The proposed zone change area of 2.1 acres +/- is currently zoned A1, is proposed to be rezoned to B2, the area to be rezoned is approximately 780 feet south of Stoughton road, and 1,010 feet east of South Main street, said point being the northwest corner of the 2.1 acres.. This approval shall become effective on the date the mylar is filed on the land records, provided it occurs after the  legal notice of action appears in the paper.

Map(s) Reference: Zone Change Map A1 Zone to B2 Zone, prepared for Southern Auto Sales, Inc., South Main Street, East Windsor CT, prepared by J.R. Russo and Assoc., 1 Shoham Rd, East Windsor, CT 06088, 860/623-0569, Fax 860/623-2485, scale: 1"=200', dated 6/11/07  Sheet 1 of 1.
Conditions:

1.      This approval does not constitute approval of a site development plan or permit         for any construction or use on the subject parcel.

2.      Two mylar copies of the approved zone change map must be delivered to the Planning & Zoning Department to be signed by the Chairman and one member of the Planning and Zoning Commission, one shall be returned to the applicant for recording on the Town of East Windsor Land Records. One shall be placed on file in the Planning Office.

3.      A copy of this motion shall be recorded on the Town of East Windsor Land Records.

4.      The effective date of this rezone shall be the date the mylar is filed on the land      records.

Discussion:  None.

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

OLD BUSINESS:  Arvind Persuad - Site Plan Approval to allow truck sales, service, leasing and rentals, at 272 South Main Street, owned by Irving S. and penny Borookow, and approval of proposed 3-bay garage.  [B-2 Zone; Map 38, Block 5, Lot 96]  (Deadline for decision 7/26/07):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Ray Nelson, P.E.  Mr. Nelson summarized this proposal is for the expansion of an existing business with the construction of a 2 story building for the sale, lease and service of commercial trucks.  He indicated Town Engineer Norton’s comments have been addressed with regard to stormwater management.  Mr. Nelson noted the Commission had asked them to meet with DOT regarding the continued use of the 2 existing curb cuts; DOT has no objection to the 2 curb cuts but has recommended that one be for entering and one for exiting the property.   Appropriated signage will be added to the plans.  Mr. Nelson also noted Town Engineer Norton has requested the addition of a Maintenance Schedule for clearing the oil/water separator and catch basin; that schedule will be added to these plans.   He further noted the fence is now on the inside and the arborvitae screening continues along the entire frontage.  

Town Planner Whitten noted all her recommendations/comments made under her July 7th memo have been addresses.  

A consensus of the Commission indicated satisfaction with the plan revisions.

MOTION TO APPROVE the Application of Arvind Persaud and owners Irving and Penny Borookow requesting a site plan modification for a proposed truck sales and service to be located at 272 South Main Street.  [Assessors Map 38, Block 5] Lot 96, B-2 Zone.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions)

Referenced Plans:

Proposed Improvement Location Plan for Arvind Persaud, 272 South Main Street, East Windsor, CT , owner Irving S. and Penny Borrokow, 3 Aroda Drive, South Windsor, CT Prepared by Messier & Associates, Inc., Surveyors – Engineers, Manchester CT 860/646 6013. dated 5/07, scale 1” = 20’

-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.  Set 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.      Landscaping should be placed along entire road frontage, in front of proposed   fencing.  Thus, fencing will need to be moved back from property line to accommodate    landscaping.

7.      The sign currently located in State of CT R.O.W.  should be removed.

8.      Trailers are not to be brought onto site, as turning radii and internal paths are not   designed to handle such long loads.  Only cabs from trucks may enter the site.

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

10.     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:

11.     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.

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

13.     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.

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

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

16.     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.

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

NEW HEARING:  LTP Realty, Inc. - 3-lot resubdivision of property located on the west side  of Winkler Road.  [A-1 Zone; Map 15, Block 17, Lot 19]  (Deadline to close hearing 8/28/07):

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

Attorney Famiglietti indicated that LTP Realty is the owner of 17+/- acres of land on Winkler Road.   The Applicant is seeking a 3 lot resubdivision which creates Lot #2, Lot #3, and Lot #4; adjacent to Lot #2 is Parcel A and adjacent to Lot #4 is Parcel B, which are agricultural lots - not approved building lots - containing 7.5 acres of the total 17 acre parcel.  Attorney Famiglietti referenced the Subdivision Regulations, which allow for the creation of agricultural lots which do not constitute a subdivision and don’t require PZC approval.  Parcel A and Parcel B also comply with the Zoning Regulations which require that agricultural lots contain at least 3 acres.  These parcels are being retained for future farming activities rather than being added to the proposed building lots; Attorney Famiglietti noted she is working with Town Planner Whitten regarding language to be incorporated in the deeds referencing the right-to-far.

Attorney Famiglietti also noted a .32 acre area of land on the north east corner of the 17 acre parcel is divided by tracks owned by the Trolley Museum and would be conveyed to that organization.   

Commissioner Gowdy questioned why the agricultural lots were created?  Attorney Famiglietti noted that the regulations don’t allow any left-over land in a subdivision.   When the Applicant appeared before the Inland/Wetlands Commission they proposed 5 building lots; the Inland/Wetlands Commission didn’t feel comfortable approving Lot #1 and Lot #5 which have now become the agricultural lots.  Commissioner Menard questioned the disadvantage of making the agricultural lots part of the other lots?   Attorney Famiglietti indicated the Applicant isn’t ready to convey the agricultural lots away; the regulations may change in the future.  Also, Lots #2, 3, and 4 are decent sized; they wouldn’t be any better off being larger.  She indicated they had nothing on the table now but would have to work out wetlands concerns.

Mr. Ussery gave a description of the location of the property, noting Phase 5 of Newberry Village has begun just south of the location of this parcel.  They would convey the .32 acre to the Trolley Museum, Lot B - containing 3+ acres - is to the south while Lot A - containing 4 1/2 acres - is to the north; Lots #2, #3, and #4 - containing 4 1/2 acres, 1.1 acre and 4.32 acres respectively - are in the middle.  When the Applicant appeared before the Inland/Wetlands Commission Parcel A (originally Lot #1) and Parcel B (originally Lot #5) were proposed as building lots; the Inland/Wetlands Commission chose not to develop those lots.  Lots #2 and #4 are served by a common driveway off Winkler Road.  Mr. Ussery noted that the original configuration going before the Inland/Wetlands Commission did not show a common driveway; as a result for concern for run off from the second individual driveway the common driveway was proposed.  Attorney Famiglietti interjected that she had discussed the issue of common driveways with then Wetlands Agent Rudek as Attorney Famiglietti couldn’t find any language in the Subdivision Regulations prohibiting shared/common driveways while the Zoning Regulations did not prohibit common driveways on rear lots.  At that time Wetlands Agent Rudek supported the proposal and felt the Commission and Town Planner Whitten might look favorably on this resolution.    Attorney Famigliette indicated the shared driveway will include notification on the deeds and will be noted on the Land Records.  In response to Commissioner Gowdy’s question regarding driveway width Mr. Ussery indicated the common driveway will be 12’ paved with gravel out to 18’, which is the same design criteria as that required for rear lots.  He noted concerns had been raised at the Inland/Wetlands Commission for water shedding from the driveways into Winkler Road, which has no formal drainage system at present.  To avoid that situation they have created a high point in the driveway to direct the water onto the side of the lot rather than run off into Winkler Road.    

Mr. Ussery noted the development will be served by sewer from Winkler Road into Newberry Road; water as well as utilties is also available via Winkler Road.  Commissioner Gowdy questioned if the driveway length - 450’ - would be a problem for fire control?  Fire Marshal Blaine Simpkins, speaking from the audience, noted this area is not his district but indicated 450’ isn’t a problem for pumping water to combat fires.   He noted they have laid 1000’ of hose in some instances, and noted he expects city water will be installed in this area in the future.  

Mr. Ussery also noted the Applicant is also proposing a large (6.31 acre) Conservation Easement in 2 specific areas, much of which is adjacent to the Conservation Easement (89 acres) for Newberry Village.  Attorney Famiglietti noted the regulations require 20% of the land, or a Fee-In-Lieu-Of Open Space.  She noted that the Conservation Easement being proposed by the Applicant comprises 64% of the total Winkler Road parcel.  She also noted the regulations also indicate that it is desirable that the Open Space be adjacent to other Open Space.  By proposing the Conservation Easement as the Open Space allocation it provides land contiguous with the 89 acres of Conservation Easement for Newberry Village, and would preserve wetlands and buffer areas.

Mr. Ussery noted they are requesting 2 waivers - sidewalks and street lights.  

Discussion continued regarding the following issues:

*       Sight line - Mr. Ussery indicated if it were necessary to clear vegetation back another 10’ it  would be within their control.

*       Potential for farming on agricultural lots within proximity of the trolley      track - Mr. Ussery felt if row crops were the choice it might be better visibility as the area is heavily vegetated presently.   He suggested forestry or horses would also be farming; however, he     felt the potential for farming was low.

*       The shared driveway - Commissioner Gowdy indicated he didn’t like the   proposal but agreed it was being considered for a sensitive area.   Chairman Ouellette could see the rational regarding the proposal; he felt it fits the situation in this case.   Commissioner Matthews felt it should be separate driveways; he cited such a decision as a reason for joint Inland/Wetland-PZC Meetings.     Discussion continued regarding the jurisdiction/focus of each commission, the   approval process, and the reality of this situation vs. preferences.  

*       Fee-In-Lieu-Of-Sidewalks - Town Planner Whitten note FILO sidewalks is  permitted under Section 6.3.5.  Mr. Ussery suggested an estimated cost of       sidewalks with regard to this resubdivision might be $5,937.60 based on a linear        foot cost; he offered those numbers for a fee.  Chairman Ouellette questioned the ability to connect to the walking trail proposed for Newberry Village?  Mr. Ussery indicated the walking trail is proposed to begin at the end of Blue Heron Lane; one of the more sensitive wetlands - an intermittent       watercourse - would prohibit connection.   He also noted the projects proposed are also two different forms of ownership, one being a condominium (common interest) development while the     subject project is single family ownership.

*       Conservation Easement as Open Space Allocation - Commissioner Farmer felt the intent of Open Space was to provide area that could be turned into a playground, etc.  Town Planner Whitten noted that most Open Space is actually passive recreation.  Attorney Famiglietti cited specifics of the regulations, noting that it should be contiguous and make a meaningful contribution to the open space         network; another purpose can be to preserve     natural resources, which would  qualify as the wetlands.  She reported 2.13 acres of upland     area and 4.18 acres of wetlands comprises the Inland/Wetlands Conservation Easement.    Commissioner Matthews wanted to table the Hearing to discuss the merits of the common          driveway with the Wetlands Commission.  Town Planner Whitten indicated the      specifics have been addressed in the Wetlands Permit.   She suggested she had provided the Inland/Wetlands minutes regarding this issue for the PZC’s review,   noting the Inland/Wetlands Commission feels very strongly about this common     driveway as a method to minimize impact on a sensitive area.  She cited lengthy         discussion at the Inland/Wetlands Meeting, and noted their purview is to preserve the environment.   The Application was approved with a condition of approval for      a common driveway.  Attorney Famiglietti also cited the plan revisions which    resulted from a desire to lessen impact on wetlands areas, which is the jurisdiction       of the Inland/Wetlands Commission.   She cited she understood personal feelings         but questioned the ability to deny the Application lacking the regulations      specific to common driveways.  Discussion continued for some time regarding     opposing opinions of the shared driveways.  

MOTION: To TAKE A FIVE MINUTE BREAK.

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

The Commission RECESSED at 9:00 p.m. and RECONVENED at 9:08 p.m.

Discussion began again regarding the Fee-In-Lieu-Of Sidewalks and the prior practice of accepting Conservation Easements as Open Space in the past.  Town Planner Whitten suggested it is not uncommon to accept Open Space under a Conservation Easement.  She noted this entire area is adjacent to a vernal pool area on the Newberry Village project; it makes sense to keep it preserved and not make trails through it because they would disturb a natural habitat.  The intention/purpose of Open Space was again raised.  Attorney Famiglietti reiterated that Open Space can be passive or public and this preservation of a sensitive eco-system qualifies as well.   She suggested just to keep that land undeveloped is a goal.  Town Planner Whitten READ THE REGULATION.  

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

MOTION: To CLOSE the Public Hearing on the Application of LTP Realty, Inc.                      for a 3-lot resubdivision of property located on the west side of                               Winkler Road.  [A-1 Zone; Map 15, Block 17, Lot 19] .

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

MOTION TO APPROVE WAIVERS in accordance with Section 8-26 of the Connecticut General Statutes and Section 2.15 of the East Windsor Subdivision Regulations for the 3 lot resubdivision for:

1.      Section 6.3 (Sidewalks): No sidewalks to be provided, as none exist in the                      area.  Fee-in-Lieu of sidewalks to be provided and fee to be determined         by the Town Engineer.

        2.        Section 6.5 (Street lights) None in this area and this is only a three lot                    subdivision.

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

MOTION TO APPROVE  open space to be in the form of Conservation Easements over lots 2 and 4 per approved plans

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

MOTION TO APPROVE the application owner LTP Realty, Inc. requesting a 3 lot re-subdivision of 17.64 acres located on the west side of Winkler Road, in the A-1 zone, also known as Assessors Map 15, Blk. 17, Lot 19.

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

Referenced Plans:

1/8 – Key Map – 3 Lot Re-Subdivision  Winkler Road, East Windsor CT Map 15, Blk 17, Lot 19, Zone A-1 , prepared for LTP  Realty, Inc., P.O. Box 2275, Marco Island, FL 34146 prepared by J.R. Russo & Assoc., 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/623-2485 fax, dated 10/30/06, rev 6/20/07

        2 &3/8– Re-Subdivision Plan, scale 1” = 40’
        4,5,6/8 – Topographic Plan scale 1” = 40’
        7/8     Erosion & sedimentation Notes
        8/8     Detail Sheet
Recommended 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.      Should farming be proposed for the remaining parcel, “right-to-farm" notations  should be placed on mylars..

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 Water Pollution Control      Authority requirements for on-site septic systems.

7.      When conservation and drainage easements exist, the deeds must be approved by   the Town and filed on the Land Records prior to any permits being issued.  For  Conservation Easements, all markers shall be installed in accordance with the   easement requirements prior to the issuance of any permits.  

8.      Conservation Easement markers shall be installed along the actual conservation  boundary.  Said markers shall be installed every 50 feet on 4” x 4” pressure treated posts, set in concrete (markers are available in the Planning Department)  

9.      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 from publication of decision 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.

10.     A detailed sediment and erosion control plan shall be submitted for each lot at the time of application for Zoning Permits.  In addition, a minimum $1,200 E &S (cash) bond shall be submitted for each lot.

Conditions which must be met prior to certificates of compliance:

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

12.     Final Public water approval of the drinking water supply and the installation of the septic system must be demonstrated.  

13.     Each driveway must have a 15' paved apron or a bond for such submitted.

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

15.     All required landscaping shall be in place, or if weather does not permit, a bond for the required plantings shall be submitted.

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

17.     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:

18.     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 any/all 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.

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

20.     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.

21.     Any modifications to the proposed drainage or grading for the re-subdivision is subject to the approval of the town engineer.

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

23.     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.

24.     Should the property transfer ownership prior to completion of all required work, or before a certificate of completeness is issued, the new owner must place new bonds in their name, at which time the original bond may be released.

DISCUSSION:   Commissioner Matthews felt a condition regarding a line of sight to accommodate a 50 mile per hour vehicle should be included for Lot 3 and Lot 2; Commissioner Menard felt that condition should apply to Lot 2, 3, and 4.  Chairman Ouellette interjected that they must provide a sight line for the posted speed limit; he felt 50 miles per hour might be excessive.   Commissioners Matthews and Menard agreed to 45 miles per hour.  Commissioner Matthews suggested there should be a condition to require covenants on the common driveway.   Town Planner Whitten indicated the requirements for the common driveways are accomplished the legal language of the deeds.   Chairman Ouellette felt the common driveway being approved for this subdivision was no different than common driveways previously approved by the Commission for other subdivisions.

MOTION TO APPROVE the application owner LTP Realty, Inc. requesting a 3 lot re-subdivision of 17.64 acres located on the west side of Winkler Road, in the A-1 zone, also known as Assessors Map 15, Blk. 17, Lot 19.

This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission) and the following conditions #1 - 24 as previously listed and now amended to include Condition #25:

#25.    Line of sight for Lots 3 and 2 should be reviewed and provide adequate site     distance for design speed.

Gowdy moved/Farmer seconded/
        VOTE:   In Favor:       Farmer/Gowdy/Ouellette
                        Against:        Matthews and Menard
                        Abstained:      No one

NEW HEARING:  George Akkouris - Amendment to previously approved Special Use Permit to allow the serving of alcohol on proposed 500 square foot deck at Golden Irene Restaurant, 18 Mullen Road, owned by Vasilios Akkouris.  [B-1 Zone; Map 8, Block 25, Lot 2]  (Deadline to close hearing 8/28/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was George Akkouris, owner of Golden Irene’s; available in the audience for comments was Town of East Windsor Fire Marshal Blaine Simpkins.

Mr. Akkouris indicated his restaurant clientele, which are primarily dinner patrons, have been going to other restaurants with an outdoor atmosphere.   He is proposing to install a 16’ x 31.3’ deck on the wooded side of his property; there are no neighbors on this side of his restaurant.    Mr. Akkouris indicated he has a list of signatures of surrounding neighbors who are in favor of the addition of the deck.  The deck will be enclosed by a 4’ high wall; the only entrance to the deck would be through the regular dining room of the restaurant where a fire door already exists.  The deck will be elevated 1’ off the ground on cement pillars.  The deck will contain a wait stand on the deck for serving utensils, etc. and for waitresses/waiters to bring food.   The deck will be in the proximity of the kitchen.  Mr. Akkouris suggested he won’t need any outside stairs as there is no outside access to the deck.  He has enough parking spaces to accommodate the deck addition.

The Commission raised the following issues:   

Chairman Ouellette questioned:  1) if the existing arborvitae would remain between the parking spaces and the deck?  Mr. Akkouris replied affirmatively, as they keep the noise from the street down.  2) the concrete pad for the dumpster is in plain view; he questioned if screening would impact trash removal, and if not, he requested screening be added.   Mr. Akkouris had no problem with that revision.  He advised the Commission his next goal is better landscaping and repair of the parking area.  3)  there is a public safety issue with the vegetation in front which makes moving out of the site difficult; he suggested selective trimming to reduce the problem.   Mr. Akkouris indicated he has someone working on trimming the next day.  

Commissioner Matthews questioned:  1)  if there would be a sound system?  Mr. Akkouris replied negatively, noting there would be no bands either.   2) would an emergency exit be needed through the 4’ high wall?  Mr. Akkouris indicated he discussed this with the Fire Marshal; it was felt the wall was so low people could jump over it.  He noted he has many    elderly customers, who actually prefer to sit inside.  Fire Marshal Simpkins, speaking from the audience, noted he has reviewed the plans and he is within the travel distance for a deck.      He isn’t required to have 2 exits from a deck; it wouldn’t jeopardize anyone’s safety.   Mr. Akkouris has done a good job with his improvements; this will be good for the community.

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

MOTION: To CLOSE the Public Hearing on the Application of  George Akkouris - Amendment to previously approved Special Use Permit to     allow the serving of alcohol on proposed 500 square foot deck at Golden Irene Restaurant, 18 Mullen Road, owned by Vasilios     Akkouris.  [B-1 Zone; Map 8, Block 25, Lot 2].

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

MOTION TO APPROVE the application George Akkouris, and owner Vasilios Akkouris requesting a Special Permit for a Revised Liquor Permit and construction of an outside deck for premises located at 18 Mullen Road,  Zoned B-1, Assessors Map 8 Block 25 Lot 2

Said permit is subject to the following conditions:

Reference Map:

Proposed Site Plan for Golden Irene’s Restaurant, Mullen road, East Windsor, CT prepared by Sreenath Assoc., 11 Royal Manor, Somers, CT dated 6/5/07, scale 1” = 20’

Recommended Conditions of Approval:

1.      The Full Liquor License is permitted as accessory and incidental to the                         restaurant use.

2.              By granting a full liquor license the Commission is not permitting a bar and the        use must remain as a  restaurant.

3.              The full restaurant menu must be available at all times alcohol is being served and     wait staff service to tables must be available at all times alcohol is being served.

4.      The condition of this approval shall be binding upon the applicant, land owners,                and their successors and assigns.

5.      A copy of the final approved motion shall be filed , by the applicant on the land               records.

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

6.      The Fire Marshall shall review and approve the plans.  The total occupancy for  the restaurant and patio shall be established by the Fire Marshall

Conditions that must be met prior to certificates of compliance:

7.      A zoning and Building Permit shall be obtained prior to the commencement of     any work.

8.      All public Health, safety and building code compliance components of the project        must be satisfactorily completed prior to occupancy

General Conditions:

9.       No live entertainment or public address system shall be used outside..  The door       (s) leading out to the patio shall remain closed at all times.

10.     Applicant shall be responsible to maintain adequate security on the premises at                 their own expense.

11.     All fire lanes shall be posted as such and no parking shall be permitted in those       designated areas.

12.     The permit and premises shall be operated in conformance with all applicable State and Local Laws.

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.     This permit shall not become effective until a copy is filed on the land records for    the subject property.

15.     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.  The Full Liquor License is permitted as accessory and incidental to the restaurant use.

16.     The condition of this approval shall be binding upon the applicant, land owners,        and their successors and assigns

17.     A copy of the final approved motion shall be filed, by the applicant on the                     land records.

18.     A final mylar with any final revisions shall be submitted for filing on the town                records, and one for filing with in the planning office.

(Additional Condition):

19.     Dumpster area will be screened; final design will be approved by staff.

Discussion:   Commissioner Menard questioned the need for an additional Condition #20 regarding removal of the junk cars; Mr. Akkouris indicated he will be removing the junk cars to build this deck.  No other additional conditions were included.

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

NEW BUSINESS:  Coleman Farms East Windsor, LLC - Modification of Approved Site Plan to modify the location of the approved walking path in the Coleman Farms active adult project located on the north side of Tromley Road.  [A-1 Zone; Map 29, Block 19, Lots 67 & 87].  (Deadline for decision 9/13/07):

Chairman Ouellette read the description of this Item of Business.  Appearing on behalf Coleman Farms, LLC was Attorney David Barry; and the developer, Sebby Testa.

Attorney Barry referenced plans to explain modifications proposed for the walking trail; areas shown in yellow are being eliminated, areas in green are the remaining walking trail.  Attorney Barry READ FOR THE RECORD paragraph 9 from the condominium association document referencing the association’s agreement with the modification.  He suggested the modifications as proposed provide a nice walking trail (essentially through the middle of the complex rather than continuing around the perimeter) and provides privacy of unit owners on the perimeter.

Offering support of the modification were:

        Ron Morin, 24 Skyline View Road:  (also President of the condominium    association)    noted the revised walking trail was posted on the wall at a recent      unit owners meeting and was unanimously approved.  

Chairman Ouellette noted the walking path will cross a pond.   Mr. Testa indicated that         route was previously approved and remains as part of the walking path.  Chairman Ouellette questioned that the piece to the north is being eliminated?   Mr. Testa noted that area was added in at the request of the condominium association.  Mr. Morin indicated that people wanted access to Flaherty Field Trials but didn’t want to walk on Tromley Road.  They are working with the State regarding this access but it remains pending at this time.  Town Planner Whitten indicated there is some concern with the people who run Flaherty Field Trial with people just walking into the area as people are allowed to hunt in that preserve.  It was agreed that under this proposal that area to the north isn’t being        considered.

Mr. Testa noted he didn’t know if he would be encroaching on wetlands.   Town Planner Whitten suggested staff will review that issue.

Town Planner Whitten noted the need to add one condition to the approval motion - a new mylar must be filed on the Land Records and in the Planning Department.

MOTION TO APPROVE - Application of owner Coleman Farms, East Windsor, LLC   for modification of a walking path at Coleman Farms, an Active Adult Community located on the north side of Tromley Road, A1/SDD/(ARDD)  zone. Map 29, Block 19, Lots 67 & 87

Referenced Plans:

-       MA- 1 – The Village at Coleman Farms, Master Layout plan prepared for Coleman Farms East Windsor, LLC Tromley Rd, East Windsor CT scale 1” = 80’ dated 5/31/01, last rev. 3/7/07, prepared by FA Hesketh & Assoc., Inc. 6 Creamery Brook, East Granby, CT 06026, 860/653-8000, 860/844-8600 fax

Conditions of Approval:

A new mylar shall be filed in land records and Planning Department

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

BUSINESS MEETING/(1)  Correspondence:

*       Town Planner Whitten noted the Commission held their site walk at 9 Shoham Road; the site walk started at 6:15 p. m. and ceased at 6:42 p.m.  Attending were Commissioners Gowdy, Ouellette, Matthews, Farmer and Town Planner Whitten.  The group toured the facility; no motions were made; no actions were taken.

        *       Town Planner Whitten noted she is trying to hold a public meeting on                    August 7, 2007 at Scout Hall, Abbe Road for the purposes of reviewing                   the regulations.   The intent is to send the revisions to a Public Hearing on                   September 11, 2007.

*       Chairman Ouellette advised the Commissioners he has received correspondence from First Selectman Filipone indicating all elected and appointed officials must receive a copy of the Code of Ethics; all must sign an acknowledgment sheet noting the receipt of this document.  The Code of Ethics was given to the Commissioners at this meeting

BUSINESS MEETING/(2)  Staff Reports:    None.

APPROVAL OF MINUTES/June 26, 2007:

MOTION: To APPROVE the Minutes of Public Hearing #1509 dated June 26,                    2007 as presented.

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

SIGNING OF MYLARS/PLANS, MOTIONS:

        *       9 & 11 Shoham Road, Special Use Permit renewal

*       Site Plan approval for 104 Prospect Hill Road - Cellco Partnership, d/b/a Verizon

        *       Special Use Permit for Excavation/filling for Rejean Jacques.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 10:11 p.m.
Menard moved/Gowdy seconded/VOTE:  In Favor:  Unanimous



Respectfully submitted,

___________________________________________________________________

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