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August 14, 2007 Minutes
TOWN OF EAST WINDSOR
Planning and Zoning Commission

Public Hearing #1513
August 14, 2007

******* Draft Document – Subject to Commission Review *********



The Meeting was called to Order at 7:03 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 4 Regular Members (Gowdy, Menard, Ouellette, and Saunders) and one Alternate Member (Matthews) were present.  Regular Member Guiliano and Alternate Members Farmer and Tyler were absent.  Chairman Ouellette noted all five Members present will be voting on Applications 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 White Diamond, LLC for a Modification of Approved Site Plan,             to allow parking lot expansion at Metro North Complex, 1 Corporate Road         Enfield (2.2 acres in East Windsor).  [M-1 Zone; Map 2, Block 16, Lot 18A].

2)      Application of M & L Development Corp. for a Special Use Permit to allow conversion of a single-family residence to a professional office use at 90 South Main Street.  [TZ5 Zone; Map 28, Block 5, Lot 46].

3)      Application of Southern Auto Sales, Inc. for Site Plan Approval for expansion           of  inventory holding area at 205 South Main Street, owned by LCC Partnership.  [B-2 & A-1 Zones; Map 34, Block 22, Lots 4, 6, 52 & 53].

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Friday, August 3, 2007, and Friday, August 10, 2007, was read by Chairman Ouellette:


1)      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].

CONTINUED HEARING:  East Windsor Limited Partnership - 6-lot industrial resubdivision located at 96 Newberry Road.  [M-1 Zone; Map 15, Block 19, Lot 12]  (Deadline to close hearing extended to 8/24/07):

Chairman Ouellette read the Hearing description.   Appearing to present the Application was Jay Ussery, of  J. R. Russo & Associates, representing the Applicant.  Mr. Ussery summarized the following issues pending from the previous meeting:  
1)      discussion of roadway alignment at the corner and expansion of the radius               at the intersection of Newberry Road and the private driveway:  Mr. Ussery and Town Engineer Norton met with Mr. Cote, the owner of the property at the intersection, regarding easements.   Mr. Cote cited concerns regarding the affect of storm drainage on his property; Mr. Ussery indicated no changes have been  made to the drainage adjacent to Mr. Cote’s property.

2)      roadway alignment at the corner:  Mr. Ussery indicated they have added a guardrail at the corner and signage to warn of a sharp curve.   He noted Town  Engineer Norton also agreed a stop sign was not a good alternative.  Mr. Ussery         noted he personally drove through that area at 25 mph, the posted speed limit; 25 mph was the fastest he wanted to drive in that area.  Town Planner Whitten indicated Police Chief DeMarco visited the site with a plan set; he didn’t have    any concerns, and was happy with the plan as proposed.   The Traffic Officer            who does the calculations has not seen the site but could be requested to make      an inspection if the Commission preferred.   Commissioner Menard also noted     she visited the site with her husband; on inspection it didn’t appear to be as severe a curve as depicted on the plan.  Commissioner Matthews cited a similar   road configuration at Broad Brook Road in the Sadds Mill area of Ellington; the         road makes a 90 degree turn there as well and the design seems to work well -   although he wouldn’t anticipate the same type of traffic in that area.  Commissioner Saunders felt the road will be improved and widened; he felt a stop sign would slow traffic down so it would be safe.  He felt the traffic being generated there would be traffic from the buildings in that area; he didn’t feel there would be any more traffic going through there then presently occurs.        Chairman Ouellette felt it would become a cut-through for traffic from Route 5; Commissioner Saunders disagreed.   Commissioner Gowdy didn’t feel there         would be a significant increase in traffic; anyone using the road would know it’s         configuration.  Chairman Ouellette questioned if the curves are adequate for large trailer trucks to stay on their side of the road?   Mr. Ussery replied affirmatively, noting they do it now.  Town Planner Whitten clarified there are       regulations currently in place regarding obstructing visibility; it would be the responsibility of the property owner to maintain the proper site distance.

Chairman Ouellette opened discussion to the audience.

Roland Cote, owner of R&R Tool & Die:  noted he talked to Mr. Ussery, Town Engineer Norton, and Town Planner Whitten regarding his concerns with increased water on his property.   He also noted his interest in Town Planner Whitten’s comment        that visibility at the corner would be his responsibility; Town Planner Whitten gave him examples of plantings, etc. which would be problematic.  Mr. Cote indicated he is now willing to grant the easements requested by Mr. Ussery.  Town Planner Whitten noted the plans must now be revised to reflect the easement; she offered the following options for the Commission’s action:  1) approval with conditions subject to execution of the formal agreement and Town Engineer Norton’s review, or 2) the Applicant can seek an extension.

Chairman Ouellette queried if Town Engineer Norton’s comments offered in his May 8th memo had been addressed?   Town Engineer Norton noted the speed limit is set by the Traffic Commission; they would be the entity to install the stop signs as well.  He suggested the PZC make a recommendation to the Traffic Commission regarding their preferences.   Discussion followed questioning the Commission’s ability to require installation of stop signs; Town Planner Whitten and Town Engineer Norton reviewed the sequence of the approval process, noting the application before the Commission was not a Site Plan Application but rather a Subdivision Application.  Town Engineer Norton suggested the speed limit should be 15 - 20 mph, with signage indicating “curve ahead”; he personally didn’t feel stop signs would be necessary but suggested the Police Commission might still want them.

Mr. Cote, speaking from the audience, questioned if anyone had taken into consideration the people taking classes at Baran Institute?  He cited constant Police activity on Newberry Road, with accidents occurring weekly.  Chairman Ouellette referenced the Traffic Study prepared for the Applicant.

The Commission reviewed approval options.  Town Planner Whitten was requested to send the Police Commission a memo regarding the installation of stop signs.  Town Planner Whitten questioned if the new design will meet minimum criteria for a Town road?  Town Engineer Norton nodded affirmatively.

Commissioner Menard requested the easement be more clearly defined on the plans.   Mr. Ussery felt the easement would not be formally executed by the next Commission meeting but they could present a draft easement.

Mr. Ussery agreed to the Application extension on behalf of his client.


MOTION: To CONTINUE the Public Hearing on the Application of East Windsor Limited Partnership - 6-lot industrial resubdivision located at 96 Newberry Road.  [M-1 Zone; Map 15, Block 19, Lot 12]  until the Commission’s regularly scheduled meeting on September 11, 2007 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.         

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

CONTINUED HEARING:  Shoham Road Transfer, LLC - 9 & 11 Shoham Road, owned by 9-13 Shoham Road, LLC [M-1 Zone; Map 5, Block 17, Lots 56 & 57] for a Special Use Permit for the operation of a transfer station.  (Deadline to close hearings 8/24/07), AND,  NEW HEARING:  Shoham Road Transfer, LLC - 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]  (Deadline to close hearing 9/18/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Attorney T. Mark Barbieri; Jay Ussery, of J. R. Russo & Associates; Mark Zessin, of Anchor Engineering; and Jonathan Murray and George Roberts of Shoham Road, LLC.

Attorney Barbieri noted he will present information on both Applications together.  Town Planner Whitten suggested each Application requires a separate approval motion.

Attorney Barbieri noted the Commission held a Special Meeting on site - 9 to 13 Shoham Road - at which time they reviewed the current operation and noted where the transfer station activity would occur.  

Mr. Ussery summarized that the transfer station activity will involve trucks entering Shoham Road off North Road/Route 140, they will enter the property at the most northerly driveway, cross a scale, and back into doors on the southerly side of the building.  Material is tipped out onto the floor, pushed into trailers, which are then hauled out by trucks coming back over the scales which measure the amount of materials processed.  Attorney Barbieri indicated this material is municipal solid waste (msw), which is kept separate from household waste; the msw materials go back out before the end of the day.

Mr. Zessin summarized the material presented in the traffic study, noting he anticipates there will not be any significant difference with regard to truck traffic on the site as related to the transfer station.   Materials will be brought in by larger trucks, thereby reducing the number of trucks using the facility.  Mr. Zessin noted access to the site is via a signalized intersection which appears to be working well.  The signal presently favors traffic on Route 140; trucks leaving the site must hit a loop detector to initiate a signal for Shoham Road.  Mr. Zessin indicated that at the present limit of 200 ton of materials/day the site experiences approximately 130 trips in and out.  With an increase to 250 ton of

demolition materials and 250 ton of municipal solid waste trip generation is anticipated to increase to 234 - about 100 more trips per day than presently occurs.  Mr. Zessin indicated the Level of Service for the intersection of Shoham Road and Route 140 is presently a B or better for Route 140, and C or better for Shoham Road.   He indicated he didn’t expect any change in the present Levels of Service.  

Chairman Ouellette questioned the anticipated loading limits of the trucks?  Mr. Roberts indicated they currently use 36’ long trucks; this proposal would not require trucks any larger.  Chairman Ouellette questioned the distribution of traffic utilizing the site?  Mr. Zessin suggested most trucks would come from or head towards the interstate highway; Mr. Roberts concurred, noting only 1 or 2 trucks would be coming from East Windsor.   Chairman Ouellette questioned if the DEP has regulations setting a maximum capacity for each facility?  Mr. Zessin suggested each site is regulated on a case by case basis.   Attorney Barbieri indicated the State has allowed 500 tons for this facility already; he felt when the State is permitting they take into consideration the local permits as well.   Commissioner Matthews cited concern for the evening rush hour.   Mr. Zessin indicated this facility would be closed before the evening rush hour on Route 140 occurs.   While he saw vehicles start to back up at 3:30 p.m. traffic was at its worse after 5 o’clock on Friday afternoon.

Mr. Murray noted that during the site visit there was a concern raised regarding odor.  He indicated they have several methods to control odor, which include:  moving material out quickly and not letting it pile up; utilization of a misting system which includes an odor neutralizing agent; spraying the floor with a disinfectant and washing the floor with a power washer.   Town Planner Whitten noted that when the facility originally opened they had some issues but there have been no complaints for some time.

Commissioner Matthews cited concern that doors on the south side of the building will remain open, allowing the odor to blow out.  Mr. Zessin suggested there are 100+ transfer stations that handle trash - maybe 3 dozen on this magnitude - that leave the doors open all the time; he gave examples of various facilities.  He indicated all got their permits renewed, without complaints from the neighbors.  

Mr. Murray indicted they have received a proposal for rodent control from a company who has experience in managing rodents for other waste facilities.  Boxes will be located in various locations both inside and outside the building and monitored frequently.   While they anticipate catching a varmint perhaps twice a month they will keep a log book and revise the frequency as necessary.   Mr. Roberts noted this company has been servicing the transfer station inside for some time; this would be an additional service which would be continuous.

Attorney Barbieri noted Town regulations have made transfer stations as an addition to volume reduction facilities; conditions of the volume reduction facilities carry over to transfer stations.  Hours of operation for the volume reduction facility are presently 6:00 a.m. to 5:00 p.m. Monday through Friday, and 6:00 a.m. to noon on Saturday.  The hours

of operation for the transfer station would be the same.    Commissioner Menard felt 4:00 to 5:00 p.m. would be a troublesome time.   Mr. Murray suggested the amount of loads using the facility at that time would be low.

Attorney Barbieri requested the Commission consider allowing the timeframe for this permit to be coordinated with the volume reduction facility permit, which is presently 5 years.  Various Commissioners suggested lesser options for permit duration.  Chairman Ouellette questioned how long it would take the Applicant to gear up for this operation?   Mr. Murray suggested they need to get the DEP permit, and would then construct the wall; he suggested a 2 year permit would be more reasonable.  The Commission agreed to a 2 year permit, should approval be granted.  

Chairman Ouellette questioned if a bond is posted?   Attorney Barbieri indicated the Town could ask for a bond if it chose but usually doesn’t as the bond posted with the State is significant.  

Chairman Ouellette questioned how the tonnage is monitored per day?   Mr. Murray indicated the scale house is monitored by a system which includes a cut off factor.  If the amount of tonnage were getting to the daily maximum the dispatcher would be advised to send trucks to another facility.  He noted the amount of tonnage is reported to the State.  Discussion continued regarding the daily closing of the facility; material is not retained at the site overnight.

MOTION: To TAKE A FIVE MINUTE BREAK.

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

The Commission RECESSED at 8:40 p.m. and RECONVENED at 8:50 p.m.

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

Attorney Barbieri initiated discussion specific to the amendment of the regulations for the volume reduction facility.  He reviewed each of the conditions under consideration, noting all are being revised to allow language relative to the transfer station.  Chairman Ouellette questioned if the amendment is necessary because of the shared use of the facility?   Attorney Barbieri replied affirmatively.  Chairman Ouellette questioned if the transfer station were in a separate building would the sharing of the conditions not be necessary?  Attorney Barbieri indicated probably, but noted they didn’t know the the Town was ready for separate facilities.  Town Planner Whitten indicated she was comfortable with the presentation of the Application; it makes sense.  

Commissioner Menard felt the reference to “periodic” reporting was too fuzzy; she suggested it needed to be more specific.  Attorney Barbieri suggested they used periodic to be able to intensify the reports if necessary, and to not generate as many if the use was working well.  Discussion followed regarding various options; Mr. Murray suggested

giving a copy of the reports submitted to DEP to the Town.

MOTION: To CLOSE the Public Hearings on the Applications of  Shoham Road Transfer, LLC - 9 & 11 Shoham Road, owned by 9-13 Shoham Road, LLC [M-1 Zone; Map 5, Block 17, Lots 56 & 57] for a Special Use Permit for the operation of a transfer station, AND,  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]  

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

TO APPROVE the application of Shoham Road Transfer, LLC for a Special Use Permit to allow the operation of a transfer station in conjunction with an existing volume reduction facility located at 9 & 11 Shoham Road, owned by 9-13 Shoham Road, M-1 zone.  (Map 3, Block 17, Lots S6 & S7)

Referenced Plans:

Special Permit, Volume Reduction facility prepared for Shoham Road Transfer, LLC, 11 Shoham Road, East Windsor CT Map 3, Blk 17, Lot S6 & S7 Zone M1, prepared by JR Russo & Assoc., 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/623-2485 fax, dated 6/6/07, Sheet 2/2 – Flow Diagram

“Somers Sanitation Service, Inc. Volume Reduction Facility, Shoham Road, East Windsor, Connecticut; Owner – Applicant: Somers Sanitation Service, Inc. 13 Shoham Road East Windsor, Connecticut 06088 (203) 623-2070; Engineer:  J.R. Russo & Associates, Land Surveyors & Professional Engineers, 1 Shoham Road, East Windsor, Connecticut 06088, (203) 623-0569.”

“Key Map, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 1 of 6, Scale 1”=100’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 2 of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3 of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Operations Layout & Floor Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-

2070” Sheet 3A of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Flow Diagram, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 4 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Soil Erosion & Sediment Control Notes, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 5 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Detail Sheet, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 6 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Improvement Location Map Plot Plan, Prepared for Somers Sanitation Service, Inc. Shoham Road, East Windsor, Connecticut, 623-2070”, Sheets 1 of 2 and 2 of 2, by J.R. Russo & Associates, dated 4-10-98.

Said plans which are on file in the Town Clerk’s Office and the following:

“Key Map, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc. Shoham Road, East Windsor, Connecticut, 623-2070” sheet 1 of 3, Scale 1”=100’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

“AS-BUILT, Improvement Location Map, Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 2 of 3, Scale 1”=20’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

“Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc. Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3 of 3, Scale 1”=20’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

Supporting Documents:

“Supporting Documentation for Permit Application, Somers Sanitation Service, Inc. Volume Reduction Facility, 13 Shoham Road, East Windsor, Connecticut, 06088 Prepared by: Roy F. Weston, Inc. I-91 Tech Center, 85 Brook Street, Rocky Hill, Connecticut 06067, May 1991”

F.A. Hesketh & Associates, Inc. 101 Millbrook Common, Bloomfield, CT 06002, Letter to Mr. Frank Antonacci dated June 2, 1991 RE: Volume Reduction Facility.


The Stanley Sack Co., Inc., Barber Pond Road, P.O. Box 262 Bloomfield, CT 06002; Letter dated June 9, 1994 To Whom It May Concern re: material from Somers Sanitation (2 pages)

Michael Sciavone & Sons Inc., Universal Drive, North Haven, Connecticut, 06473; Letter to John Pizzamente dated June 9, 1994, re: markets for light iron, heavy misc. steel and various non-ferrous products.

EIRCO Environmental LLC, P.O. Box 265, Hampton, N.H. 03842; Letter to John Pizzamenti re: refuse handling.

“Waste Paper Supply Agreement Between Somers Sanitation, Inc. East Windsor, Connecticut and Paper Recycling International, Old Corrugated Containers, April 1993”

Conditions which must be met prior to signing of the final mylars:

1.      That a detailed estimate of bonding requirements for site improvements be prepared by the applicant and submitted to the town engineer for review and approval.  The surety shall be maintained, in a form acceptable to town counsel.  A maintenance bond in the amount of 10% of the bond shall be provided prior to the release of the original performance bond.  The maintenance bond shall be retained for a period of 1 year after the bond is released to guarantee the maintenance and repair of required improvements.

2.      A separate bond shall be posted and maintained by the applicant to ensure compliance with all conditions of the approval including, but not limited to, provisions for protecting the Town of East Windsor in the event a facility terminates operations with a large amount of material remaining on the site.  Due consideration to bonding requirements of other governmental agencies and/or permit or licensing authorities will be given so as not to duplicate and/or over bond the operator.  For credit to be given under this condition the operator shall demonstrate that the Town of East Windsor is a named party with rights to call the bond.

3.      All conditions of approval associated with this volume reduction facility shall be binding upon the applicant, landowners, and/or their successors and assigns.  A copy of this approval shall be filed in the land records of the subject parcel prior to such approval becoming effective.

4.      The plans shall be revised to clearly indicate that this approval does not include the operation of the wood chipper.  Any operation of the chipper for noise test purposes shall       be conducted only after prior notification to the Town Planner or Zoning Enforcement Officer.

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

5.      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 prior to this approval taking effect.  One set shall be filed in the zoning office.

6.      No further permits shall be issued until the mylars are signed and filed.

Conditions which must be met prior to issuance of certificate of compliance:

7.      No zoning certificates of compliance shall be issued until the drainage has been completed.

8.      Final as-built drawings certified by the appropriate design professional(s) shall be submitted indicating compliance with all applicable regulations and conditions of approval.

General Conditions:

9.      The hold harmless agreement originally filed on the land records shall remain in                 full force and effect.

10.     The Town of East Windsor will bear no responsibility for the disposal of any residue generated from the facility.  There is a separate hold harmless filed on the land records with the previous approval.

11.     The applicant shall continue to allow the Commission’s staff to conduct          reasonable inspections of the volume reduction facility, including spot inspections.  Failure to comply with any request for inspection shall constitute a violation of this permit and the East Windsor Zoning Regulations.

12.     A zoning permit shall be obtained prior to the start of construction or change in use to a volume reduction facility.  All such permits shall be valid for one year.  Each yearly application for a zoning permit shall be accompanied by appropriate documentation of the facility’s compliance with the provisions of the regulations and these conditions of  approval.  The zoning permit application shall also be accompanied by an application fee to be set by the Board of Selectmen.

13.     Only those materials which are identified on Sheet 2 of 2 dated 6-6-07 of the referenced plans “Flow Diagram” may be accepted by the volume reduction facility.  Except that no wood for chipping may be accepted unless specifically approved by the East Windsor Planning and Zoning Commission under a separate permit or amendment, except that this provision does not apply to transfer station activities.

14.     The application states that 60-70% of the material accepted at the facility is
currently recyclable.  The applicant shall make all efforts to maintain or exceed this level.  In no case shall the solid waste generated after materials are processed (residue) exceed 49% of the total volume.  Except that this condition does not apply to transfer station activities.

15.     The applicant shall maintain a suitable place for disposal of solid waste residue off-site.  This special use permit may be revoked by the Commission if the Commission finds that residue is not being disposed of in an authorized place and manner.  The applicant shall notify the Commission, in writing, of any changes in the disposal locations specified in Sheet 4 of 6 of the referenced plans (Flow Diagram) or in its supporting documentation.

16.     All incoming materials accepted at the volume reduction and transfer station facility shall be stored indoors on an impervious surface designed to prevent leachate from such materials from entering the ground.  The impervious surface shall be designed and         maintained to accommodate the total anticipated volume of materials to be received and processed at the facility.

17.     No mixed solid waste which cannot be viably separated and which may result in the contamination of recyclables shall be accepted at this facility, except that this provision does not apply to transfer station materials.

18.     The facility shall comply with all the permit requirements of the State of Connecticut, Department of Environmental Protection.

19.     All materials, such as clean wood materials, asphalt, concrete, stone and other similar materials accepted at the facility shall be processed and stored as indicated in the referenced plans and documentation.

20.     Buffer zones and landscaping shall be maintained as indicated on the plans to prevent any visual impacts on surrounding streets and properties.

21.     All operations shall be conducted indoors, except for temporary storage of processed material which may be outdoors with appropriate containment as indicated on the plans      and supporting documentation.

22.     Incoming material shall be processed within 24 hours of arrival on the site.  Any residue shall be removed from the site within 24 hours after separation.  In no case shall any        recyclable materials be allowed to remain on site for more than 3 days prior to their removal from the site.  This provision does not apply to transfer station material and activities which must remove all material by the close of each business day.


23.     Separated materials, such as paper, cardboard, appliances, metals, glass, plastics, fluids      And other similar materials shall be stored temporarily in a structure and/or on a surface designed to prevent the infiltration of precipitation into such materials.

24.     The operating hours for the facility shall be as follows:

6:00 A.M. – 5:00 P.M.  Monday-Friday except that no machinery may be operated until 7:30 A.M.

6:00 A.M. – 12:00 Noon on Saturday except that no machinery may be operated until 7:30 A.M.

        NO OPERATION of this facility on Sunday or legal holidays.

25.     Any complaints of unpleasant or noxious odors that may be received from the public or Commission  staff shall be investigated by the applicant.  Any apparent sources of such odors shall be remedied within 48 hours of receipt of the complaint.  A written response to any complaint shall be submitted to Commission staff by the applicant within one week of receiving such complaint.

26.     The applicant or operator shall provide Commission staff with periodic reports (with a minimum of quarterly submittals) of incoming and outgoing tonnage with details on the different types and amounts of material processed and the amounts of such materials that are recycled.

27.     This facility shall be operated in compliance with all other applicable requirements of Section 9 of these regulations as well as any other applicable general requirements of the zoning regulations.  In the case of any conflict between regulations or standards, the more restrictive regulation or standard shall apply.

28.     Failure to comply with any regulation, condition or safeguard attached to this special use permit shall constitute a violation of this permit and the East Windsor Zoning Regulations.          The Commission may revoke this special use permit, after holding a hearing, upon finding that the volume reduction facility is in violation of any regulation or of its conditions of approval.

29.     This application is subject to approvals from the East Windsor Zoning Board of Appeals on file in the land records.

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

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

32.     Pursuant to Section 2.7.6 (f) of the East Windsor Zoning Regulations the East Windsor Planning and Zoning Commission exercises its discretion by limiting this Special Use Permit to a 2-year period, until August 14, 2009.  Continued operation of this volume reduction facility and transfer station shall require a new public hearing and approval by the Commission in accordance with its Regulations.

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

34.     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.

(This was amended from previous approval dated May 12, 1998 and shown on the Land Records, Vol. 204, Pages 942 through 947.)

-Conditions which must be met prior to signing of mylars:

35.     The applicant shall submit a paper copy of the final approved plans (revisions included) to the Town Planner for review and comment prior to the submission of the final mylar.

36.     Final plans submitted for signature shall require the seal and live signature of the appropriate design professionals responsible for preparation of the plans.

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

38.     A copy of the final approved motion  and original special use permit conditions of approval as amended, shall be filed by the applicant on the land records prior to the Commission signing of the final plans.

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

39.     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

General Conditions:


40.     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

41.     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.

42.     Continued operation of this transfer station facility beyond August 14, 2009 shall require a new public hearing and special permit approval by the commission.

43.     The applicant must demonstrate that reasonable measures will be taken, as necessary, to prevent the generation of unpleasant or noxious odors and vectors that may have an adverse impact off-site from the facility.

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



MOTION TO APPROVE the application of Shoham Road Transfer, LLC for a Special Use Permit to amend the original conditions of special use permit as proposed, for operation of a volume reduction facility located at 9 & 11 Shoham Road, owned by 9-13 Shoham Road,  M-1 Zone. (Map 5, Block 17, Lots S6 & S7)

These approvals are  granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:

Referenced Plans:

Special Permit, Volume Reduction facility prepared for Shoham Road Transfer, LLC, 11 Shoham Road, East Windsor CT Map 3, Blk 17, Lot S6 & S7 Zone M1, prepared by JR Russo & Assoc., 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/623-2485 fax, dated 6/6/07, Sheet 2/2 – Flow Diagram

“Somers Sanitation Service, Inc. Volume Reduction Facility, Shoham Road, East Windsor, Connecticut; Owner – Applicant: Somers Sanitation Service, Inc. 13 Shoham Road East Windsor, Connecticut 06088 (203) 623-2070; Engineer:  J.R. Russo & Associates, Land Surveyors & Professional Engineers, 1 Shoham Road, East Windsor, Connecticut 06088, (203) 623-0569.”

“Key Map, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 1 of 6, Scale 1”=100’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 2 of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3 of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Operations Layout & Floor Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3A of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Flow Diagram, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 4 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Soil Erosion & Sediment Control Notes, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 5 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Detail Sheet, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 6 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Improvement Location Map Plot Plan, Prepared for Somers Sanitation Service, Inc. Shoham Road, East Windsor, Connecticut, 623-2070”, Sheets 1 of 2 and 2 of 2, by J.R. Russo & Associates, dated 4-10-98.

Said plans which are on file in the Town Clerk’s Office and the following:

“Key Map, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc. Shoham Road, East Windsor, Connecticut, 623-2070” sheet 1 of 3, Scale 1”=100’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

“AS-BUILT, Improvement Location Map, Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 2 of 3, Scale 1”=20’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

“Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc. Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3 of 3, Scale 1”=20’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.


Supporting Documents:

“Supporting Documentation for Permit Application, Somers Sanitation Service, Inc. Volume Reduction Facility, 13 Shoham Road, East Windsor, Connecticut, 06088 Prepared by: Roy F. Weston, Inc. I-91 Tech Center, 85 Brook Street, Rocky Hill, Connecticut 06067, May 1991”

F.A. Hesketh & Associates, Inc. 101 Millbrook Common, Bloomfield, CT 06002, Letter to Mr. Frank Antonacci dated June 2, 1991 RE: Volume Reduction Facility.

The Stanley Sack Co., Inc., Barber Pond Road, P.O. Box 262 Bloomfield, CT 06002; Letter dated June 9, 1994 To Whom It May Concern re: material from Somers Sanitation (2 pages)

Michael Sciavone & Sons Inc., Universal Drive, North Haven, Connecticut, 06473; Letter to John Pizzamente dated June 9, 1994, re: markets for light iron, heavy misc. steel and various non-ferrous products.

EIRCO Environmental LLC, P.O. Box 265, Hampton, N.H. 03842; Letter to John Pizzamenti re: refuse handling.

“Waste Paper Supply Agreement Between Somers Sanitation, Inc. East Windsor, Connecticut and Paper Recycling International, Old Corrugated Containers, April 1993”

Conditions which must be met prior to signing of the final mylars:

1.      That a detailed estimate of bonding requirements for site improvements be prepared by the applicant and submitted to the town engineer for review and approval.  The surety shall be maintained, in a form acceptable to town counsel.  A maintenance bond in the amount of 10% of the bond shall be provided prior to the release of the original performance bond.  The maintenance bond shall be retained for a period of 1 year after the bond is released to guarantee the maintenance and repair of required improvements.

2.      A separate bond shall be posted and maintained by the applicant to ensure compliance with all conditions of the approval including, but not limited to, provisions for protecting the Town of East Windsor in the event a facility terminates operations with a large amount of material remaining on the site.  Due consideration to bonding requirements of other governmental agencies and/or permit or licensing authorities will be given so as not to duplicate and/or over bond the operator.  For credit to be given under this condition the operator shall demonstrate that the Town of East Windsor is a named party with rights to call the bond.

3.      All conditions of approval associated with this volume reduction facility shall be binding upon the applicant, landowners, and/or their successors and assigns.  A copy of this approval shall be filed in the land records of the subject parcel prior to such approval becoming effective.

4.      The plans shall be revised to clearly indicate that this approval does not include the operation of the wood chipper.  Any operation of the chipper for noise test purposes shall       be conducted only after prior notification to the Town Planner or Zoning Enforcement    Officer.

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

5.      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 prior to this approval taking effect.  One set shall be filed in the zoning office.

6.      No further permits shall be issued until the mylars are signed and filed.

Conditions which must be met prior to issuance of certificate of compliance:

7.      No zoning certificates of compliance shall be issued until the drainage has been completed.

8.      Final as-built drawings certified by the appropriate design professional(s) shall be submitted indicating compliance with all applicable regulations and conditions of approval.

General Conditions:

9.      The hold harmless agreement originally filed on the land records shall remain in full force and effect.

10.     The Town of East Windsor will bear no responsibility for the disposal of any residue generated from the facility.  There is a separate hold harmless filed on the land records with the previous approval.

11.     The applicant shall continue to allow the Commission’s staff to conduct reasonable inspections of the volume reduction facility, including spot inspections.  Failure to comply with any request for inspection shall constitute a violation of this permit and the East Windsor Zoning Regulations.

12.     A zoning permit shall be obtained prior to the start of construction or change in use to a volume reduction facility.  All such permits shall be valid for one year.  


Each yearly application for a zoning permit shall be accompanied by appropriate documentation of the facility’s compliance with the provisions of the regulations and these conditions of approval.  The zoning permit application shall also be accompanied by an application fee to be set by the Board of Selectmen.

13.     Only those materials which are identified on Sheet 2 of 2 dated 6-6-07 of the referenced plans “Flow Diagram” may be accepted by the volume reduction facility.  Except that no wood for chipping may be accepted unless specifically approved by the East Windsor Planning and Zoning Commission under a separate permit or amendment, except that this provision does not apply to transfer station activities.

14.     The application states that 60-70% of the material accepted at the facility is currently recyclable.  The applicant shall make all efforts to maintain or exceed this level.  In no case        shall the solid waste generated after materials are processed (residue) exceed 49% of the       total volume.  Except that this condition does not apply to transfer station activities.

15.     The applicant shall maintain a suitable place for disposal of solid waste residue off-site.  This special use permit may be revoked by the Commission if the Commission finds that residue is not being disposed of in an authorized place and manner.  The applicant shall notify the Commission, in writing, of any changes in the disposal locations specified in Sheet 4 of 6 of the referenced plans (Flow Diagram) or in its supporting documentation.

16.     All incoming materials accepted at the volume reduction and transfer station facility shall be stored indoors on an impervious surface designed to prevent leachate from such materials from entering the ground.  The impervious surface shall be designed and         maintained to accommodate the total anticipated volume of materials to be received and processed at the facility.

17.     No mixed solid waste which cannot be viably separated and which may result in the contamination of recyclables shall be accepted at this facility, except that this provision does not apply to transfer station materials.

18.     The facility shall comply with all the permit requirements of the State of Connecticut, Department of Environmental Protection.

19.     All materials, such as clean wood materials, asphalt, concrete, stone and other similar materials accepted at the facility shall be processed and stored as indicated in the referenced plans and documentation.

20.     Buffer zones and landscaping shall be maintained as indicated on the plans to prevent any visual impacts on surrounding streets and properties.


21.     All operations shall be conducted indoors, except for temporary storage of processed material which may be outdoors with appropriate containment as indicated on the plans      and supporting documentation.

22.     Incoming material shall be processed within 24 hours of arrival on the site.  Any residue shall be removed from the site within 24 hours after separation.  In no case shall any recyclable materials be allowed to remain on site for more than 3 days prior to their removal from the site.  This provision does not apply to transfer station material and activities which must remove all material by the close of each business day.

23.     Separated materials, such as paper, cardboard, appliances, metals, glass, plastics, fluids      And other similar materials shall be stored temporarily in a structure and/or on a surface designed to prevent the infiltration of precipitation into such materials.

24.     The operating hours for the facility shall be as follows:

6:00 A.M. – 5:00 P.M.  Monday-Friday except that no machinery may be operated until 7:30 A.M.

6:00 A.M. – 12:00 Noon on Saturday except that no machinery may be operated until 7:30 A.M.

        NO OPERATION of this facility on Sunday or legal holidays.

25.     Any complaints of unpleasant or noxious odors that may be received from the public or Commission  staff shall be investigated by the applicant.  Any apparent sources of such odors shall be remedied within 48 hours of receipt of the complaint.  A written response to any complaint shall be submitted to Commission staff by the applicant within one week of receiving such complaint.

26.     The applicant or operator shall provide Commission staff with periodic reports (with a minimum of quarterly submittals) of incoming and outgoing tonnage with details on the different types and amounts of material processed and the amounts of such materials that are recycled.

27.     This facility shall be operated in compliance with all other applicable requirements of Section 9 of these regulations as well as any other applicable general requirements of the zoning regulations.  In the case of any conflict between regulations or standards, the more restrictive regulation or standard shall apply.

28.     Failure to comply with any regulation, condition or safeguard attached to this special use permit shall constitute a violation of this permit and the East Windsor Zoning Regulations.          The Commission may revoke this special use permit, after holding a hearing, upon finding that the volume reduction facility is in violation of any regulation or of its conditions of approval.

29.     This application is subject to approvals from the East Windsor Zoning Board of Appeals on file in the land records.

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

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

32.     Pursuant to Section 2.7.6 (f) of the East Windsor Zoning Regulations the East Windsor Planning and Zoning Commission exercises its discretion by limiting this Special Use Permit to a 2-year period, until August 14, 2009.  Continued operation of this volume reduction facility and transfer station shall require a new public hearing and approval by the Commission in accordance with its Regulations.

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

34.     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.

(This was amended from previous approval dated May 12, 1998 and shown on the Land Records, Vol. 204, Pages 942 through 947.)

-Conditions which must be met prior to signing of mylars:

35.     The applicant shall submit a paper copy of the final approved plans (revisions included) to the Town Planner for review and comment prior to the submission of the final mylar.

36.     Final plans submitted for signature shall require the seal and live signature of the appropriate design professionals responsible for preparation of the plans.

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

38.     A copy of the final approved motion  and original special use permit conditions of approval as amended, shall be filed by the applicant on the land records prior to the Commission signing of the final plans.

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

39.     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

General Conditions:

40.     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

41.     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.

42.     Continued operation of this transfer station facility beyond August 14, 2009 shall require a new public hearing and special permit approval by the commission.

43.     The applicant must demonstrate that reasonable measures will be taken, as necessary, to prevent the generation of unpleasant or noxious odors and vectors that may have an adverse impact off-site from the facility.

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

NEW BUSINESS:  Raymond Graczyk, 250 Main, LLC - 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 11, Block 15, Lots 2 & 4]  (Deadline for decision 9/27/07):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Raymond Graczyk.   Mr. Graczyk indicated that the plans show a paved access around the back of the building, however, that was never their intent.  This access has been gravel since the first addition was added 20 years ago.   It is cleared in the Winter to allow truck access but it’s only a drive-around.


Chairman Ouellette recalled discussion during the original application regarding emergency access to the rear of the building.  Mr. Graczyk suggested that actually a truck wouldn’t fit back there; they could stop at the corner and bring hoses around.   Town Planner Whitten noted she spoke with Town Engineer Norton; he has no concerns regarding this modification.

Chairman Ouellette questioned if there were any drainage issues associated with this area?  Mr. Graczyk replied negatively.  Commissioner Matthews questioned if this is in a regulated wetlands area?  Town Planner Whitten noted there is less impact on the wetlands with the lack of pavement; the drainage is the same with gravel or pavement.

MOTION TO APPROVE the Application of Raymond Graczyk requesting a site plan modification proposing a gravel drive in lieu of pavement at 250 Main Street, Assessors Map 11, Block 15, Lot 2 & 4 (B-2 Zone).  This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission )

Referenced Plans:

·       Sheet 1 of 4 – Cover Sheet - “Building Addition Northeast Lamp Recycling Inc.,  250 Main Street, East Windsor, CT, prepared for Two Fifty Main EW LLC, 250      Main Street, East Windsor, CT 06088 860/292-1992 by   J.R. Russo &      Associates, 1 Shoham Road, East Windsor, CT 06088. (860) 623-0569, Fax (860)    623-2485  Scale 1” = 40’, dated 1/23/06

·       Set Includes:
·       Sheet 2 of 4, Reconfiguration Plan, scale 1” = 40’
·       Sheet 3 of 4, Site Plan/Building Addition, scale 1” = 20’ revised 7/17/07
·       f18     Sheet 4 of 4, Soil Erosion & Sedimentation Control Notes and Details.

Conditions as set forth in previous approval dated March 14, 2006 (shown below):

TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Site Plan Modification – Motion & Conditions of Approval
250 Main Street (Map 11, Block 15, Lots 2 & 4), East Windsor, CT
March 14, 2006 – Meeting #1479
APPLICANT:  Two Fifty Main EW LLC
OWNER OF RECORD:  Two Fifty Main EW LLC

________________________________________________________________________

MOTION TO APPROVE the application of Two Fifty Main EW LLC, for a site plan modification to construct  a 4,630 sq. ft. warehouse addition at 250 Main Street, on property zoned B-2, as shown on Assessor’s Map 11, Block 15, Lot 2 & 4.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions)

Referenced Plans:

·       f18     Sheet 1 of 4 – Cover Sheet - “Building Addition Northeast Lamp Recycling Inc., 250 Main Street, East Windsor, CT, prepared for Two Fifty Main EW LLC, 250 Main Street, East Windsor, CT 06088 860/292-1992 by   J.R. Russo & Associates, 1

Shoham Road, East Windsor, CT 06088. (860) 623-0569, Fax (860) 623-2485  Scale 1” = 40’, dated 1/23/06

·       f18     Set Includes:
·       f18     Sheet 2 of 4, Reconfiguration Plan, scale 1” = 40’
·       f18     Sheet 3 of 4, Site Plan/Building Addition, scale 1” = 20’
·       f18     Sheet 4 of 4, Soil Erosion & Sedimentation Control Notes and Details.

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.      The boundary line adjustment must be filed on the land records.  A copy of the          filed document  shall be submitted to the Planning Department.

5.      One full 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.

6.      A cash (escrow) or passbook bond (made out to the applicant AND the Town of East Windsor) 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.

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

Conditions which must be met prior to certificates of compliance:

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

9.      Final as-built survey showing all structures, pins, driveways 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.     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.

13.     Any modifications to the proposed drainage or grading for the site plan 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.     All landscaping shall be maintained.

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

BUSINESS MEETING/(1)  Correspondence:

Town Planner Whitten noted Cease & Desist letter sent regarding 224 Scantic Road; it’s believed there are 2 illegal dwelling units in the garage.   Indication of the dwelling units came through as a 911 call.   Town Planner Whitten noted previous Zoning Enforcement Officer Rudek had sent letters earlier but nothing happened.

BUSINESS MEETING/(2)    Staff Reports:  None.

APPROVAL OF MINUTES:

MOTION: To APPROVE the Minutes of Public Hearing #1510 dated July 10, 2007 as written.  

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

MOTION: To APPROVE the Minutes of Public Hearing #1511 dated July 24, 2007 as amended:  “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 in attendance will be voting on Applications this evening.  Also present was Town Planner Whitten.

Gowdy moved/Matthews seconded/
        VOTE:   In Favor:  Gowdy/Matthews/Menard/Ouellette
                        Opposed: No one
                        Abstained: Saunders

MOTION: To APPROVE the Minutes of Special Meeting #1512 dated August 7, 2007 as written.

Gowdy moved/Menard seconded/
        VOTE:   In Favor:  Gowdy/Menard/Ouellette/Saunders
                        Opposed:  No one
                        Abstained: Matthews

SIGNING OF MYLARS/PLANS, MOTIONS:

        *       Verizon - mylars
        *       Southern Auto Auctions - mylars




ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 9:50 P. M.

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





Respectfully submitted,

_______________________________________________________________

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