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September 11, 2007 Minutes
TOWN OF EAST WINDSOR
Planning and Zoning Commission

Public Hearing #1514
September 11, 2007

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



The Meeting was called to Order at 7:00 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 five Regular Members (Goody, Giuliani, Menard, Ouellette, and Saunders) and two Alternate Members (Farmer and Tyler) were present.  Alternate Member Matthews was absent.  Chairman Ouellette noted all Regular Members present will be voting on Applications this evening.  Also present was Town Planner Whitten; attending in the audience were First Selectman Filipone and Selectman Simmons.

ADDED AGENDA ITEMS:

Town Planner Whitten noted there were no new Agenda items for this evening, but she had received a request from the Girl Scouts present; they would like to present their 8-24 Referral earlier.  Chairman Ouellette suggested that Item could be heard after the PERFORMANCE BONDS - ACTIONS, PERMIT EXTENSIONS.

RECEIPT OF APPLICATIONS:   None.

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Friday, August 31, 2007, and Friday, September 7, 2007, was read by Chairman Ouellette:

1)      Adoption of proposed comprehensive update of East Windsor Zoning Regulations.

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.  [TZ-5 Zone; Map 28, Block 5, Lot 46].



PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS:

Chairman Ouellette read the request for release of the Bond being held subject to completion of the Dunkin Donut shop at 216 South Main Street.  He also read memo dated 8/17/2007 from Town Engineer Norton indicating that vegetation has not been established in some areas of the site.  He has recommended releasing the entire bond, with the exception of $600.  Town Planner Whitten concurred, noting that some landscaping trees should be replaced.

Based on the comments of the Town Engineer and the Town Planner Commissioner Goody suggested the Commission retain $1,000 rather than the $600 recommended.

MOTION: To RELEASE the entire bond, with the exception of $1,000, for Dunkin            Donuts, 216 South Main Street.

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

MOTION: To GO OUT OF ORDER to take Item of Business IX.  BUSINESS MEETING/ (1) 8-24 Referral - Girl Scout Troop Project - Skating Rink at Osborn Park, South Water Street.

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

BUSINESS MEETING/(1) 8-24 Referral - Girl Scout Troop Project - Skating Rink at Osborn Park, South Water Street.

Appearing to discuss this Referral were Girl Scouts Lexi Prior, Alexandra Merkouriou, and Patty Trumenne, and Scout Leaders Siobhain Meacham and Tracy Trumenne.

Ms. Trumenne indicated they are working on their Silver Award, which is the second highest honor in Girl Scouts.  They have chosen as their project the donation of a skating rink by acquiring donations and running fund raising projects.   The skating rink would be located at Osborn Field (South Water Street) as lighting and parking is available at that facility.

Chairman Ouellette questioned if there would be a restriction with regard to hours of use?  Mrs. Meacham indicated that the site was chosen because of the lighting availability; people could use it on nights and weekends.  

Commissioner Gowdy questioned if this project would be installed for this Winter?  Ms. Prior replied affirmatively.  Town Planner Whitten suggested that would be assuming the funds were raised shortly?  Mrs. Meacham agreed, noting the rink is being donated to the Park and Recreation Department; they have said if the girls could raise 80% of their goal Park and Recreation could help with the remaining funding and be reimbursed.  

Commissioner Menard questioned who would be responsible for maintenance?  Mrs. Meacham suggested the ice needs to be resurfaced periodically; the Warehouse Point Fire Department has agreed to resurface the ice as necessary.  She reiterated that the Girls Scouts will donate the rink and install it, then the Park and Recreation Department will pick up the maintenance.  Mrs. Meacham reported the rink holds 4” of water which requires 4 consecutive nights of  20 degree weather to freeze.  Town Planner Whitten questioned where the water is coming from?  Melissa Green, Director of Parks and Recreation, reported that the Warehouse Point Fire Department has agreed to donate/supply the water to fill the rink, and will come in and flood the rink as necessary to maintain the ice.  She noted this is a community project; the Park and Recreation Department has agreed to take over maintenance of the rink, which includes plowing the parking area and clearing the rink.  Ms. Green reminded everyone that the Parks and Recreation Department had to cancel the Winter Carnival 3 times in the past years because the Broad Brook Pond didn’t freeze.  Installation of this rink would make the Winter Carnival much easier.  Mrs. Meacham noted they would need to break ground to install the rink but the liner wouldn’t go in until the weather freezes.  Commissioner Menard questioned what happens to the rink in the warmer weather?  Ms. Green suggested it will be taken up and stored; the area was previously a tennis court and isn’t used otherwise; soccer and baseball fields are on the other side of Osborn Park.  

Commissioner Farmer indicated he felt this was a wonderful idea but questioned how use of the rink would be addressed; he could see conflicts between kids who want to play hockey and people who just want to skate.   Mrs. Meacham suggested the rules of use need to be addressed; they don’t anticipate the rink will be staffed.  Commissioner Gowdy questioned that the Town will pick up liability for this facility?   Ms. Green suggested there is less liability with the rink than the pond; signage will be installed regarding hours of use - all Town facilities/parks must be vacated by 9:45 so the signage will support the liability issues.

MOTION TO RECOMMEND to the Board of Selectmen to approve the temporary skating rink proposed at Osborn Park.

DISCUSSION:  The Commission suggested revising the language of the motion from “temporary” to “seasonal”

Commissioner Gowdy withdraw his motion.

MOTION TO RECOMMEND to the Board of Selectmen to approve the seasonal skating rink proposed at Osborn Park.

Gowdy moved/Saunders seconded/VOTE:  In Favor:  Unanimous                                       
CONTINUED PUBLIC 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 9/11/07):

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

Mr. Ussery summarized that at the previous meeting acquisition of three easements - one at the intersection of Newberry Road and Craftsman to increase the turning radius, another along the property to improve drainage, and another at the corner of Craftsman Road to improve the turning radius at that point also - were discussed.   Easements have been drafted between the attorney for the owner of the property, RRC Management LLC/Roland Cote, and the Town Attorney; although execution of the easements has not yet occurred a draft of the proposed easements is being submitted to the Commission this evening.  Mr. Ussery indicated it appears everyone is happy with the language of the easements; execution of the document should occur shortly.

Mr. Ussery also noted that additional comments from Town Engineer Norton regarding 4’ sumps rather than 2’ sumps is not a problem for the Applicant.  

Chairman Ouellette noted that at a previous meeting discussion occurred regarding revision of lots lines for Lot 1; he questioned the status of that situation?   Mr. Ussery noted the original plans showed the property line running down to the area of the brook; the revised plans now show road frontage for the parcel which was previously landlocked.  

The Commission reviewed, and revised, the wording of Condition #7 regarding the easements; see motion for final revision.

Chairman Ouellette queried the audience for comments:

        Bill Loos, Melrose Road:  complimented Mr. Cote for giving the easements and    doing something for the Town.

Roland Cote, owner of RRC Management, LLC:  reported he is fine with the easement language; it’s a done deal as far as he’s concerned.

MOTION: To CLOSE 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].

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

MOTION TO APPROVE THE FOLLOWING REQUEST FOR WAIVERS:  The applicant requests the following waivers:

        1)      Section 6.3 - waiver of sidewalks as no sidewalks exist along either                    Craftsman or Newberry Roads.  A fee in lieu of sidewalks will be required, fee to be determined by staff.

DISCUSSION:  Commissioner Gowdy questioned the amount of the fee-in-lieu of sidewalk installation?   Town Planner Whitten indicated the fee is to be set by the Town Engineer.

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

MOTION TO APPROVE the Application of East Windsor Limited Partnership requesting a 6-lot industrial re-subdivision with reconstruction of approximately 2700 feet of roadway at property located at 96 Newberry Road, M-1 Zone.   Roadway to be dedicated as a Town Right-Of-Way.  [Assessors Map 15, Blk 19, Lot 12].  This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission) and the following conditions:

Referenced Plans:

*       1/14    cover Sheet with location map - East Windsor Limited Partnership 6-lot  Industrial Re-subdivision, Newberry Road and Craftsman Road, East Windsor,      CT. dated 5-2-07, prepared by J. R. Russo & Associates, Land Surveyors &        Professional Engineers, 1 Shoham Road, East Windsor, CT. 06088, 860/623-0569, 860/623-2485 fax.  All Revised through 8/30/07.
*       2/14    Key Map, 3/30/07, rev 5/22/3 of 4    Topographic plan
*       3,4/14  Re-subdivision Plan 3/30/07
*       4/14    Re-subdivision Plan 3/30/07 rev 5/22/07
*       5-9/14  Topographic Plan, rev 5/22/07
*       10/14   Plan and Profile, Sta. 10+00-19+00, 3/30/07
*       11/14   Plan and Profile, Sta. 19+00-27+50, 3/30/07
*       12/14   Plan and Profile, Sta. 27+50-37+00, 3/30/07, rev 5/22/07
*       13/14   Erosion and Sediment Control Notes, 3/30/07
*       14/14   Details 3/30/07
*       1/1     Easement Plan on Land of RRC Management, LC, 94 Newberry Road,                  East Windsor, Ct., prepared for East Windsor Limited Partnership, dated         8/30/07, scale 1”=60’

Conditions that must be met prior to signing of mylars:

1.      The applicant shall submit a paper copy of the final approved plans to the Town Planner for review and comment prior to the submission of the final mylars.

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

3.      The final mylars shall contain the street numbers assigned by the East Windsor Assessor’s Departments and the Map, Block and Lot numbers assigned by the Assessor’s Office.

4.      The applicant shall provide two street trees on any new lot and have them shown on the  final plan.
5.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.   A copy of this approval motion shall be filed in the land records prior to the signing of the final mylars.

6.      Deeds for Conservation Easements and Drainage Easement must be approved by the Town and filed on the Land Records prior to any permits being issued.  It is best if these are filed with the mylars.

7.      All Agreements and/or Easements between the two property owners (R.R.C. Management, LLC and East Windsor Limited Partnership) must be executed, and in a form satisfactory to the Town, and filed on the land records.

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

8.      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, Sheets 2, of 3, shall be filed with the Town Clerk by the applicant, no later than 90 days after the 15-day appeal period from publication of decision has elapsed or this approval shall be considered null and void unless an extension is granted by the Commission.   One set shall be filed in the Planning and Zoning Department.

9.      A detailed Site Plan with Sediment and Erosion Control Plan shall be submitted for each lot at the time of application for Site Plan Approval and Zoning Permits.

10.     A Cash (Escrow) or Passbook Bond shall be submitted for sedimentation and erosion control maintenance and site restoration during the construction of the project.   Any        funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within five (5) days or this permit shall be rendered null and void.   The applicant’s engineer shall submit an estimated cost of the E & S controls to the Town Engineer and the final amount of said bond shall be determined by the Town Engineer.     (This bond covers public improvements, not individual lots.)

General Conditions:

11.     This subdivision approval shall expire five years from date of approval.   Failure to complete all required improvements within that time shall invalidate the subdivision.  The developer may request an extension of time to complete the subdivision improvements from the Commission.  Such extension shall not exceed the time limits as provided for in the Connecticut General Statues, Section 8-26c, as amended.   The Commission shall        require proper bonding be in place prior to the approval of any such extension.

12.     A Site Plan Approval and 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 referenced 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 resubdivision 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.

17.     Should the property transfer ownership before all work is completed, or before a Certificate of Completeness is issued, the new owner must place new bonds in their name, at which time the original bond(s) may be released.

18.     All deeds for public land and easements shall be submitted at the time the applicant makes application for street acceptance.  All deeds shall first be submitted in draft form and approved by the Town Attorney.   Final bond release for public improvements shall not be approved until all public improvements are complete, accepted by the Town, and all deeds and maps have been filed on the Land Records.

19.     Three copies of a final as-built map, for all public improvements, shall be submitted to the Planning and Zoning Department, along with an application for street acceptance.   Once approved by the Town Planner and Town Engineer, and provided that all other requirements are met, the application will be scheduled for acceptance by the Board of  Selectmen and Town Meeting.   Two mylar copies of the final as-built mapping are required after acceptance.   One copy filed in the Planning Department and the other on the Land Records.

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

NEW HEARING:  Adoption of proposed comprehensive update of East Windsor zoning Regulations:

Don Poland, consulting planner for the regulations, noted he has submitted the final copy of the revised regulations to the Commission.  He noted he, and Commission members, continue to pick up small formatting corrections, but this submission has been prepared for adoption.  Mr. Poland noted the Commission has been working on revision of the regulations for 6+ years; adoption of these revisions is long overdue.  He noted everyone has gone over the sections multiple times; the most significant revision is the reorganization and incorporation of the recommendations proposed under the Plan of Development.   Mr. Poland suggested the proposed regulations are much more workable, and are smaller - more concise - with regard to regulation presentation.  While he realized the Commission had more work to do on specific sections he urged adoption of these regulation revisions.

The Commission discussed minor formatting changes, and the process for approval.

Chairman Ouellette opened discussion to the audience:

Bill Loos:  reiterated his comments from earlier meetings with regard to Section 802 -  Planned Residential Development (PRDs), he feels that Section 802.6 - Modification of Bulk Area and Requirements - conflicts with Section 802, as the modifications take the Special Permit requirements outlined under Section 802.2 and gives the builder options     under Section 802.6 to circumvent the regulation requirements.  Chairman Ouellette noted, as he has earlier, that this Section has not been revised under the present regulation review.  Mr. Poland noted that this regulation was adopted when he was the Town Planner for East Windsor, perhaps 6 years ago, and was intended to provide a flexible style of development for residential subdivisions.  The regulation provides flexibility so that every subdivision isn’t developed under the “cookie cutter” design layout.  This regulation provides for a better quality development and also provides the ability for the    Commission and the developer to work together for a better development.  This regulation doesn’t allow the developer to do want he wants; it isn’t a give away for the developer, but it is meant to give better communication.   The regulation is also a recognition that sites are different; in some cases the regulations as stated may be ok, but as the developer goes through the design process he may be able to give better lots or a better lot layout.   The result is it provides for a better development.  Mr. Loos held fast to his opinion.  Town Planner Whitten noted, as she had during previous meetings, that no changes were made to this section, other than reformatting, under the current proposed revision.  The Commission continued to discuss the intent of this regulation, and the many benefits to the    Town via the Planned Residential Development.  Mr. Loos was unconvinced.

Hearing no additional comments from the audience Town Planner Whitten suggested the revisions be adopted effective October 1, 2007.

MOTION: To CLOSE the Public Hearing on the adoption of the proposed                     comprehensive update of the East Windsor Zoning Regulations.

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

MOTION TO APPROVE and adopt the comprehensive update of the East Windsor Zoning Regulations, (as may be amended), effective October 1, 2007.

Guiliano moved/Gowdy seconded/VOTE:  In Favor:  Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.

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

The Commission RECESSED at 7:58 P.M. and RECONVENED at 8:06 P. M.

NEW HEARING:  M & L Development Corp -  Special Use Permit to allow conversion of a single-family residence to a professional office use at 90 South Main Street.   [TZ-5 Zone; Map 28, Block 5, Lot 46]  (Deadline to close hearing 10/16/07):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Attorney T. Mark Barbieri, representing the Applicant, M&L Development, and Jay Ussery, of J. R. Russo & Associates.  Available in the audience were the owners, Darryl Lefebvre, and Gary Merrigan.  

Attorney Barbieri noted the proposal is to covert the existing dwelling to an office use as is allowed under the TZ-5 Regulations.  He indicated that originally M&L Development purchased the property being developed as the Settlement at Mason’s Brook; they later purchased the property next door and renovated the house, with the necessary permits.   They would like to use the structure for a sales office for the Settlement at Mason’s Brook, and perhaps lease it as office space later.   

Chairman Ouellette questioned Town Planner Whitten’s comments regarding the buffer zones?  Town Planner Whitten noted there is a 25’ landscape buffer requirement along Route 5, but there is a sightline easement in favor of Mason’s Brook so they won’t be planting in that area; it will be lawn instead.  There is an existing row of pines along the boundary of the Karat property and  the Mason’s Brook property, which creates the buffer on the north side of the property.   They will be planting pines along the southerly property line as part of the development parcel.   The property will be heavily screened, although the buffer is not completely located on the property of M&L Development.  

Parking will be expanded from 5 existing spaces to 6 spaces, which will now include a handicapped space.  Attorney Barbieri noted the parcel is served by public sewer and water; there are no traffic issues associated with this development.

Commissioner Menard returned discussion to the utilization of the buffer on the Karat property.  It was agreed if the owner of that property chose to cut down the trees they could, and the buffer would be gone.  The Commission discussed various options for providing for a replacement buffer in the future, including bonding, or implementation of the fines ordinance for not meeting site plan requirements.  See approval Condition #13 regarding the resolution.

MOTION: To CLOSE the Public Hearing on the Application of M & L Development Corp -  Special Use Permit to allow conversion of a single-family residence to a professional office use at 90 South Main Street.   [TZ-5 Zone; Map 28, Block 5, Lot 46]  
Guiliano moved/Gowdy seconded/VOTE:  In Favor:  Unanimous

MOTION TO APPROVE, the Application of owner M & L development Corp. requesting a Special Use Permit to convert an existing residential structure to professional office use at property located at 90 South Main Street, in the TZ5 Zone. (Map 28, Block 5, Lot 46). , This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:

Referenced Plans:

-       Site Plan prepared for M & L Development Corp. 90 South Main Street, East Windsor, CT Map 28, Blk. 5, Lot 46, Zone TZ-5 , prepared by J. R. Russo and Assoc.,1 Shoham Rd, East Windsor, CT 06088, 860/623-0569, Fax 860/623-2485
        Scale 1 “= 20’ dated 8/10/07

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

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

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

Conditions which must be met prior to the issuance of any permits:
        
3.      Two final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  One shall be filed on the Town Land Records, and  one filed with the Planning and Zoning Department

Conditions which must be met prior to certificates of compliance:

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

General Conditions:

5.      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.

6.      A Zoning Permit shall be obtained prior to the commencement of any site work occupation of the building.

7.      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.

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

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

10.     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

11.     Cars may not at anytime be parked in landscaped or non-paved areas, unless approved as such on the site plan.

12.     All required landscaping shall be adequately maintained.

Additional Condition:

13.     In the event the existing abutting vegetative buffer becomes ineffective, the owner of the property shall supplement plantings within required 25’ landscaping buffer in accordance with TZ-5 Regulations.

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

NEW BUSINESS:  White Diamond, LLC  - 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].  (Deadline for decision 10/18/07):

Chairman Ouellette read the description of this Item of Business.  Appearing to discuss this Application was Mark Friend of Megson & Heigle; Mark Fontaine, representing the owners - White Diamond, LLC - was available in the audience.

Mr. Friend summarized that the Application is for construction of a parking lot expansion for an existing facility located on Route 5/King Street and Corporate Drive.   The total 9.3 acre parcel straddles the Enfield/East Windsor line, with 7+ acres located in Enfield and 2.23 acres located in East Windsor.  The building, and 395 space parking lot, was built in the 1980s; the area shown under this proposal was shown for future expansion.  The expansion was approved in the 1990s to support the needs of the then potential tenant - Edwards Food Warehouse - which was ultimately purchased by Stop & Shop and the expansion was never built.   That approval has now lapsed.  The additional 150+/- parking spaces now being proposed would service current potential tenants Mass Mutual and Precision Camera.   The area of the parcel located in East Windsor lies within an M-1 Zone.

Mr. Friend noted the drainage system was designed originally to include the future development for Corporate Drive, and also included drainage for the parking lot expansion.   They have updated the new catch basins with 4’ sumps rather than 2’ sumps to meet updated standards.  Drainage calculations have been submitted to Town Engineer Norton.

Mr. Friend indicated that some fill has been added to the slope of the wetlands with the original development; they are proposing additional landscaping, including trees to match those already existing, within the parking lot islands.  Additional light fixtures will match those already existing in style, height, and lighting intensity.   Chairman Ouellette questioned the height of the proposed poles?  Town Planner Whitten indicated they would be 24’, which matches what’s currently there.  

Mr. Friend noted the plans have been approve by the East Windsor Inland/Wetlands Commission and the Enfield Planning and Zoning Commission.

Commissioner Guiliano noted that grass pavers were installed with the original construction of the facility, and were to be left as a fire lane; under this proposal the Applicant appears to be planting shrubs in the area of the pavers.   Mr. Fontaine suggested the pavers remain on the site; the Enfield Fire Marshal has reviewed the plans and noted the pavers are at the end of the fire lane.

Chairman Ouellette questioned the rationale for the 14 compact parking spaces being proposed?   Mr. Friend indicated the tenants wants as many parking spaces as possible; the have pulled spaces up and squeezed them in to maintain a 50’ minimum separation distance from the wetlands as requested by the East Windsor Inland/Wetlands Commission.  Town Planner Whitten didn’t see a problem with the compact spaces as proposed.

Chairman Ouellette noted his following comment didn’t impact this approval process but he felt it was likely this expansion will require approval from the State Traffic Commission.   Mr. Friend indicated he was aware of that need.

MOTION TO APPROVE the application of owner White Diamond, LLC for site plan review to expand the parking lot with associated improvements at 1 Corporate Rd, Enfield CT. (Map 2, block 16, Lot 18A) in the M-1 zone. This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:

Referenced Plans:
-       “Cover Sheet - Parking Lot Expansion Metro North complex, One Corporate Rd., Prepared for White Diamond, Enfield and East Windsor, CT , prepared by Megson & Heagle Civil Engineers and Surveyors, LLC, 81 Rankin Road, Glastonbury CT 06033, 860/659-0587. dated 6/1/07 rev 8/21/07

-2/7     Site Grading Plan  scale 1” = 40’
-3/7     Storm Water Pollution Control Plan
-4/7     Strom Water Pollution Control Plan Notes and details
-5/7     General Notes and Details
-6/7     Landscape Plan
-7/7     No sheet 7

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

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

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

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

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

4.      A cash (escrow) or passbook bond shall be submitted for sedimentation and erosion control maintenance and site restoration during the construction of the project.  Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within five (5) days or this permit shall be rendered null and void. The applicant's engineer shall submit an estimated cost of the E & S controls to the Town Engineer.  The amount of said bond shall be determined by the Town Engineer.

Conditions which must be met prior to certificates of compliance:

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

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

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

General Conditions:

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

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

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

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

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

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

14.     Lighting shall be with fixtures downlit with full cut off.

15.     All required landscaping shall be adequately maintained .

16.     A final as built mylar shall be submitted.

DISCUSSION:  Chairman Ouellette questioned if approval of the height of the lighting poles, at 25’, is in conflict with the existing regulations as this pole height would be higher than what the Commission has been approving?  Town Planner Whitten indicated there is actually no number for the height of lighting poles in the existing regulations, the 15’ pole height typically approved is a preference.

Gowdy moved/Guiliano seconded/VOTE:  In Favor:  Unanimous
        
NEW BUSINESS:  Southern Auto Sales, Inc. - 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]  (Deadline for decision 10/18/07):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Attorney T. Mark Barbieri, and Jay Ussery, of J. R. Russo & Associates.  

Attorney Barbieri noted this is a request for Site Plan Approval for expansion of the inventory holding area south of the previous Railroad Salvage building.   Mr. Ussery concurred, noting this is for an expansion of the inventory holding area at 205 South Main Street for the area of the most recent zone change at the southwest corner of the Stoughton Ridge Condominium Complex.   The area will be paved with bituminous material; drainage will tie into the existing sub-surface drainage system installed when the Railroad Salvage parcel was developed and which eventually outlets into the State drainage system on Route 5.   Mr. Ussery indicated they are proposing screening on the north side adjacent to Stoughton Ridge to comply with the 50’ buffer requirement.   They will be planting 3 additional pine trees, as requested, to an area which is already heavily wooded.   Attorney Barbieri noted that the parcel under discussion will be combined into the existing parcel for 205 South Main Street; Mr. Ussery concurred that several different parcels were acquired at different times and all will now be combined into one parcel.

Chairman Ouellette cited Town Engineer Norton’s memo of  September 10th which indicated he has reviewed the drainage calculations and has no issues with the proposal.  

Chairman Ouellette questioned if a plan has been prepared to show line striping for the parking area?   Mr. Ussery replied negatively, noting the inventory parking changes with the type of vehicle they have on site.  If they get a fleet of Toyotas which will sit on the site for a couple of months the will be “packed” parked four deep because they won’t be moved.  If they are a fleet that will only be there for a couple of weeks they would be parked more conventionally because they would be moved around more.  This has been an area that has typically been without striping.   Commissioner Farmer questioned if the Fire Marshal reviews the parking plans; he cited concerns for bunching the cars together.  Attorney Barbieri suggested they have an extensive program worked out with the DEP for such problems; the Fire Marshal is involved in whatever is necessary.   Mr. Ussery suggested there are lanes within the parked areas so the vehicles are not inaccessible.   Town Planner Whitten noted all plans are forwarded to the respective Fire Marshals; if comments are received back the Commission is advised.   Mr. Ussery suggested a key issue is the cars are not running; these is no gas in the vehicles because of the transportation of  the vehicles.

Chairman Ouellette questioned if this area was visible from any other streets?   Mr. Ussery suggested perhaps it was visible through the drive from Abbe Road near the stables and the field behind Mercury Excello.  He reported that Mr. Tribble received permission from an adjacent land owner  - land not owned by Mr. Tribble - to plant a row of staggered spruce trees along Abbe Road to increase the buffers.  Attorney Barbieri indicated they are willing to accommodate neighbors concerns.  Chairman Ouellette indicated he is very satisfied with what has been proposed

MOTION TO APPROVE the 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]  

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

Referenced Plans:

-       Sheet 1 of 4 – Cover Sheet – Southern Auto Sales, Inc, 205 South Main Street, East Windsor, CT  prepared for Southern Auto Sales, Inc, 161 South Main Street, East Windsor, CT 06088  860/292-7500 prepared by J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 06088 860/623-0569 fax: 860/ scale: 1”=400', dated 8/09/07
-       Sheet 2 of 4 -  Site Plan , scale 1” = 40’
-       Sheet 3 of 3 – Erosion & Sediment Control notes
-       Sheet 4 of 4 – Detail Sheet

Conditions which must be met prior to signing of mylars:

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

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

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

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

4.      A cash (escrow) or passbook bond shall be submitted for sedimentation and erosion control maintenance and site restoration during the construction of the project.  Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within five (5) days or this permit shall be rendered null and void. The applicant's engineer shall submit an estimated cost of the E & S controls to the Town Engineer.  The amount of said bond shall be determined by the Town Engineer.

Conditions which must be met prior to certificates of compliance:

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

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

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

General Conditions:

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

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

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

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

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

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

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

DISCUSSION:     Commissioner Menard questioned if Town Engineer Norton’s comments regarding the addition of 4’ sumps had been complied with?   Town Planner Whitten indicated that all of Town Engineer Norton’s comments had been addressed as was noted on his memo of 9/10/2007 citing he had no issues with the proposal.

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

BUSINESS MEETING/(2) 8-24 Referral - Prospect Hill Drive - Access Drives:

Town Planner Whitten referenced an aerial map of the Prospect Hill area, noting several small parcels which were retained by the Town in anticipation of a possible connection to Shoham Road.  She advised the Commission a neighbor on Prospect Hill Drive has asked the Town to abandon one of these parcels so it can become a part of their property.

Commissioner Guiliano questioned if the people want to purchase the property?  Town Planner Whitten noted First Selectman Filipone had suggested the land could be sold to the abutting property owners for the Fair Market Value of the parcel.  Chairman Ouellette questioned if the parcels contain utilities or easements?   Town Planner Whitten indicated that any easements, should they exist, could be a condition of the sale.  She understands one abutter wants the additional land, a second doesn’t know, and the third definitely doesn’t want the additional land.  Commissioner Guiliano suggested the Commission’s recommendation to the Board of Selectmen would be a sale at Fair Market Value; it’s not fair to other residents to just give land away.  Discussion continued regarding sale vs. abandonment.  Commissioner Menard questioned what would happen if the abutters don’t want the parcels?  Town Planner Whitten indicated the parcels aren’t developable; they are just grass and trees; often they become nuisance strips.

MOTION: To RECOMMEND to the Board of Selectmen to abandon the two fifty foot right-of-ways located between 89 and 91 Prospect Hill Road         (Map 6, Block 17, Lots P139 and P140) and between 93 and 95 Prospect Hill Drive (Map 6, Lot 17, Lots P141 and P142).

DISCUSSION: Commissioner Gowdy would prefer to see the land sold for Fair Market Value, other Commissioners concurred with his suggestion.

The motion failed for the lack of a second; Commissioner Menard withdrew her motion.

Commissioner Menard prepared to reframe her motion with regard to sale for Fair Market Value.   Commissioner Guiliano requested to add to the motion that abutters have the right of first refusal on the sale, as someone not associated with the abutter might purchase the parcel and park an RV beside someone else’s house.

MOTION: To RECOMMEND to the Board of Selectmen to SELL AT FAIR          MARKET VALUE the two fifty foot right-of-ways located between 89 and 91 Prospect Hill Road (Map 6, Block 17, Lots P139 and P140) and between 93 and 95 Prospect Hill Drive (Map 6, Lot 17, Lots P141 and        P142) AND ALLOW ABUTTING LANDOWNERS RIGHT OF                    FIRST REFUSAL.

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

BUSINESS MEETING/(3) Appointment of Marlene Bauer as Temporary Zoning Enforcement Official:

Town Planner Whitten noted she will be leaving on vacation shortly; she would like the Commission to allow Marlene Bauer, of the Planning Office, to be the temporary Zoning Enforcement Officer.   Marlene has attended CASIO classes, and has been signing off on most of the Zoning Permits already.  Town Planner Whitten reported she has confidence in Marlene’s ability to handle the job, however, to comply with current regulations the Commission must approve the Zoning Enforcement Officer.

MOTION: To APPOINT Marlene Bauer as Temporary Zoning Enforcement                        Officer during the absence of the Town Planner.

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

BUSINESS MEETING/(4) Correspondence:

Chairman Ouellette cited receipt of a pamphlet from the EPA entitled “Stormwater in the City”.

BUSINESS MEETING/(5) Staff Reports:        None.

APPROVAL OF MINUTES/August 14, 2007:

MOTION: To APPROVE the Minutes of Public Hearing #1513 dated August 14,                 2007 as written.

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

SIGNING OF MYLARS/PLANS, MOTIONS:

        *       Persuad
        *       Mardi Gra
        *       Golden Irene’s

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 9:22 P. M.

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





Respectfully submitted,

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