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October 9, 2007 Minutes
Planning and Zoning Commission

Public Hearing #1515
October 9, 2007

**** Draft Document -Subject to Commission Review *****

The Meeting was called to Order at 7:01 p.m. by Chairman Ouellette in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. 06016


A quorum was established as three Regular Members (Gowdy, Menard, and Ouellette) and three Alternate Members (Farmer, Matthews, and Tyler) were present.  Regular Members Guiliano and Saunders were absent.  Chairman Ouellette noted Alternate Members Farmer and Tyler would join Regular Members Gowdy, Menard, and Ouellette voting on Applications this evening.  Also present was Town Planner Whitten; attending in the audience was Selectman Simmons.


Town Planner Whitten noted there were no new items to add to the Agenda for this evening, however, she had received a call from the presenter for Scantic Glen advising her he can not attend the meeting this evening due to a death in his family.   The Item of Business will be postponed until the Commission’s next regularly scheduled meeting on October 25, 2007.


Chairman Ouellette noted receipt of the following Applications:

1.      Application of Benson Enterprises, Inc. for a Special Use Permit/Site Plan Approval to allow residential units above the first story in commercial buildings at 111 Bridge Street. [B-1 zone; Map 1, Block 12, Lot 3]

2.      Application of Newberry Village, LLC, c/o Fahey Landolina & Associates, LLC for a 2-lot resubdivision of property located at Newberry and Winkler Roads (Newberry Village), owned by Newberry Village LLC and LTP Realty, Inc. [A-1 zone; Map 15, Block 17, Lots 19, 20 & 21]

3.      Application of Srinivas Mothe for a 1-lot resubdivision and Special Use Permit to allow the creation of a rear lot at 142 East Road.  [R-3 zone; Map 27, Block 55, Lot B4]


The following Legal Notice, which appeared in the Journal Inquirer on Thursday, September 27, 2007, and Thursday, October 4, 2007, was read by Chairman Ouellette:

1.      Application of Newberry Village LLC, c/o Fahey, Landolina & Associates, LLC             for a 2-lot Resubdivision of property located at Newberry Road and Winkler Road (Newberry Village), owned by Newberry Village LLC and LTP Realty, Inc. [A-1 Zone; Map 15, Block 17, Lots 19, 20 & 21].

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS:  Herb Holden Trucking, Inc. - Request for release of erosion control bond for Cobblestone Drive (Chamberlain Farms Subdivision):

Chairman Ouellette read the description of this Item of Business.   He noted receipt of the following:  1)  Letter dated 8/29/2007 from Kathleen Holden, Vice President of Herb Holden Trucking, Inc. requesting release of the Erosion Control Bond for Cobblestone Drive; and 2) memo dated 9/6/2007 from Town Engineer Norton recommending release of the bond.  

Town Planner Whitten noted her recommendation to release the bond as well.  The road was accepted as a Town Road some time ago; the protocol is to receive a letter of request on the larger bonds.

MOTION: To RELEASE the Erosion Control Bond for Cobblestone Drive                       (Chamberlain Farms Subdivision).

Gowdy moved/Menard/VOTE:  In Favor:  Unanimous

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS:  Taco Bell of America, Inc. - Request for release of erosion control bond for the Taco Bell/KFC Restaurant, 43 Prospect Hill Road:

Chairman Ouellette read the description of this Item of Business.   He noted receipt of the following:  1)  Letter dated 9/18/2007 from Mary Lattarulo, Taco Bell of America, Inc., Development Specialist requesting release of the Erosion Control Bond in the amount of $14,000 for 43 Prospect Hill Drive; and 2) memo dated 9/24/2007 from Town Engineer Norton recommending release of the bond.  

Town Planner Whitten suggested this request is straight forward; Town Engineer Norton has recommended release of the bond.

MOTION: To RELEASE the Erosion Control Bond for the Taco Bell/KFC Restaurant, 43 Prospect Hill Road; bond is in the amount of $14,000 and is dated August 14, 2006.

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

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS:  The Bank of Western Massachusetts - Request from Timothy A. Coon, P. E., J. R. Russo & Associates, for one-year extension of the Site Plan Approval for the Bank of Western Massachusetts, 49 Prospect Hill Road.  (Due to expire on 10/10/07):

Chairman Ouellette read the description of this Item of Business; he noted the Site Plan Approval is due to expire tomorrow, 10/10/2007.  Town Planner Whitten noted the project has been put on hold due to recent mergers and acquisitions.  This approval was granted under the previous regulations, which required that construction begin within one year of approval, unless an extension is requested.

MOTION: To GRANT AN EXTENSION to The Bank of Western Massachusetts              for a Site Plan Application for 49 Prospect Hill Road; extension        expires October 10, 2008.

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

NEW HEARING:  Newberry Village, LLC, c/o Fahey, Landolina, & Associates, LLC - 2-lot Resubdivision of property located at Newberry Road and Winkler Road (Newberry Village), owned by Newberry Village, LLC., and LTP Realty, Inc.  [A-1 Zone; Map 15, Block 17, Lots 19, 20, & 21]    (Deadline to close hearing 11/13/07):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Attorney Carl Landolina, representing the Applicant, Newberry Village, LLC.  

Attorney Landolina reviewed the chronology of the project, noting that it was a 92 unit Active Adult Housing project was approved by this Commission in 2005 under a Special Use Permit. Newberry Village sold a portion of the parcel to LTP Realty and came back in December, 2006 for a 2-lot subdivision, which included a 10+/- acre lot containing 15 units, and left 107+/- acres as the second lot.  The subdivision was approved; mylars were prepared by the attorneys and engineers for LTP Realty and brought to the Planning Department, where one set was signed by the Chairman and Secretary of this Commission.  The Planning Office called the Applicant to pick up the second set of mylars which were to be submitted to the Town Clerk, however, that second copy was never filed with the Town Clerk.  There is a 90 day requirement for that action to occur; that time limit has expired.  Attorney Landolina noted the Wetlands Permit was subsequently amended last year; that has been filed on the Land Records, as has been the Special Use Permit.  

Town Planner Whitten noted this Application is exactly the same as the original Application; there were also a number of waivers granted; the conditions of approval are the same.   Attorney Landolina concurred that nothing has been changed on the Application.  Discussion followed as to whose responsibility is it to file the mylars, and the process followed by the Planning Office with regard to same.

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

MOTION: To CLOSE the Public Hearing on the Application of Newberry                              Village, LLC, c/o Fahey, Landolina, & Associates, LLC - 2-lot Resubdivision of property located at Newberry Road and Winkler    Road (Newberry Village), owned by Newberry Village, LLC., and LTP Realty, Inc.  [A-1 Zone; Map 15, Block 17, Lots 19, 20, & 21]    

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

MOTION TO APPROVE the application of  Newberry Village, LLC c/o Atty. Carl Landolina and owners Newberry Village LLC & LTP Realty, Inc for a 2 lot re-subdivision of property located on the north side of Newberry Road, at the intersection of Winkler Road. [Map 15, Block 17, Lots 19, 20, 21, Zone A-1].  This approval is granted subject to conformance with the referenced plans (as may be modified by the conditions) and the following conditions of approval:                        

Referenced Plans:

“Key Map –Re-subdivision Plan/Special Permit”, Newberry Village, Newberry Road & Winkler Road, East Windsor CT, Map 15, Block 17, Lot 19, 20 & 21, Zone A-1, owner/applicant LTP Realty Inc., P.O. Box 2275, Marco Island, FL 34146, prepared by J.R. Russo and Associates, 1 Shoham Road, Eat Windsor, CT 06088, 860/623-0569 phone, 860/623-2485 fax, sheet 3 of 25, scale 1” = 200’ dated 11/9/06.

Sheet 2 of 2:   Re-subdivision Plan – Re-subdivision/Special Permit

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

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

4.      Two sets of final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.   One mylar shall be filed with the Town Clerk by the applicant no later than 90 days after the 15 day appeal period from date of publication of decision has elapsed or this approval shall be considered null and void, unless an extension is granted by the Commission.  

5.      Detailed sedimentation and erosion control plans shall be submitted with the site plan for each parcel at time of application for a zoning permit.

6.      All site work must comply with the approved site plan and special use permit approved 5/24/05, unless an alternative site plan is sought for and approved.

Conditions which must be met prior to certificates of compliance:

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

8.      Final Health District approval of the drinking water supply must be demonstrated.

9.      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:

10.     This subdivision approval shall expire (five years form the 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 Planning and Zoning Commission.  Such extension shall not exceed the time limits as provided for in the Connecticut General Statutes, Section 8-26 as may be amended from time to time.  The Commission shall require proper bonding be in place prior to approval of any such extension.

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

12.     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.

13.     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 may be released


open space  -  open space was previously proposed and accepted

Section 5.3.5 – scale drawn at 1” = 40’ (plan is drawn at 1” = 200’ due to size of proposal)

Section 5.4 -  plan & profile (previously submitted and approved)

Section 5.5 & 8.1 – Soil Erosion and Sedimentation control Plans (previously submitted and approved)

Section 5.6 – Topographic plans (previously submitted and approved)

Section 5.7 -  Landscape Plans (previously  submitted and approved)

Section 5.8 – Traffic Analysis (previously submitted and accepted)

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

OTHER BUSINESS:  Rebecca Auger, Capitol Region Council of Governments (C.R.C.O.G.) - Discussion on Model Farm Regulations:

Ms. Auger summarized that the model regulations came to be out of the interest of 11 towns in creating farming regulations; the First Selectman for Somers approached CRCOG to undertake drafting basic regulations which towns could then incorporate into regulations specific to each town’s circumstances.  She suggested that farming today often requires a farmer to work non-contiguous properties located in different towns, with each town having different regulations under which the farmer must operate.  The over-riding theme of this project was for the towns to get together and draft similar regulations, including definitions, thereby simplifying the farm operation for everyone.  Ms. Auger noted she has reviewed East Windsor’s regulations, and offered the following recommendations:

1)      create clearer definitions, perhaps associated with use/intensity rather than acreage

2)      define “hobby farms” (those associated with residential lots) of less intensity than    those of a commercial nature owned by one leaseholder interest utilizing multiple acres often located on non-contiguous acreage and sometimes located in several towns

        3)      waive requirements, such as site plan, under the Special Use Permit                     process
4)      incorporate more of the language used in the Plan of Conservation and Development in basic regulations regarding land preservation for farming uses.

        5)      better definitions regarding farm structures

        6)      allow roadside stands but monitor percentage of  on-site products sold

        7)      consider additional uses for farms, such as special events, i.e. corn mazes,                    hosting weddings, etc., all to be compatible with neighborhood, allowed                         only on large-scale farms, and only under Special Use Permit.

        8)      re-work signage, allow seasonal signs on all parcels farmed but set a cap                       of 6 on seasonal signs, allow a free-standing stand.

Discussion followed regarding the percentage of participation of area farmers in the CRCOG program, their reception of State and local regulation, and current changes in farming businesses.

BUSINESS MEETING/(1)    Informal Discussion - Scantic Glen Condominium Association, Inc. - 20 active adult single-family homes to be built in the northwest section of Scantic Glen:

Postponed until the Commission’s October 23rd Meeting.

BUSINESS MEETING/(2)    Correspondence:

Town Planner Whitten noted receipt of letter from DOT regarding the site access for the property on Route 5 being developed by Mr. Pursuant; they are now requiring only one access.  Discussion followed regarding the considerable discussion on the Commission/Applicant level regarding access during the PZC approval process, and the State’s apparent change in position.

BUSINESS MEETING/(3)    Staff Reports:

Town Planner Whitten advised the Commission the new Assistant Planner has been hired and will start her employment November 5th.

APPROVAL OF MINUTES/September 11, 2007:

MOTION: To APPROVE the Minutes of Public Hearing #1514 dated September                  11, 2007 as written.

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

        *       3-lot Resubdivision of LTP Realty

        *       Motion/mylars for 2-lot subdivision of Newberry Village


MOTION: To ADJOURN this Meeting at 8:04 P. M.

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

Respectfully submitted,


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