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November 13, 2007 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1517
November 13, 2007

***** Draft Document – Subject to Commission Approval *****

The Meeting was called to order in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. at 7:03 P. M. by Chairman Ouellette.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Gowdy, Menard, Ouellette, and Saunders) and three Alternate Members (Farmer, Matthews and Tyler) were present.  Regular Member Guiliano was absent.  Chairman 0ullette noted Alternate Member Tyler would sit in on all Items of Business this evening.   Also present was Town Planner Whitten and Zoning Enforcement Officer/Wetlands Agent/Assistant Planner Katie Bednaz.

Also present in the audience were Selectmen Hayes and Simmons.

ADDED AGENDA ITEMS:

Town Planner Whitten introduced Katie Bednaz to the Commission.   Ms. Bednaz has been hired as the Assistant Planner/Inland/Wetlands Agent/Zoning Enforcement Officer for the Town of East Windsor.  Town Planner Whitten noted the Commission must appoint Ms. Bednaz as its Zoning Enforcement Officer under Section 902.(b) of the Zoning Regulations.   Chairman Ouellette suggested the Commission handle the appointment after reading the Legal Notice.

RECEIPT OF APPLICATIONS:

Chairman Ouellette acknowledged receipt of the following Applications:

1.      Application of 137 Prospect Hill, LLC and 137A Prospect Hill, LLC for Modification of Approved Site Plan for a change of use from bank to retail and installation of a drive-up ATM machine at 137 Prospect Hill Road. [B-2 zone;  Map 2, Block 4, Lots 28 & 28A]

2.      Application of Iwona Lacic for a Special Use Permit/Sale of Alcohol to allow a grocery beer license at Belvedere Polish Deli, Sofia’s Plaza, 122 Prospect Hill Road, owned by Sofias Plazas, LLC.  [B-2 zone;  Map 2, Block 17, Lot 1A]


LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, November 1, 2007, and Thursday, November 8, 2007, was read by Chairman Ouellette:

1.      Application of Arthur Pronovost for a 2-lot industrial resubdivision of property located at 4 New Park Road, owned by Carol A. and Nancy P. Pronovost.  [M-1 Zone; Map 14, Block 19, Lot 99].

Chairman Ouellette requested a motion to go out of order to appoint Ms. Bednaz as the Zoning Enforcement Officer.

MOTION: To GO OUT OF ORDER to appoint Katie Bednaz as the Zoning                        Enforcement Officer for the Town of East Windsor.

Gowdy moved/Menard seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler)

APPOINTMENT OF ZONING ENFORCEMENT OFFICER:

MOTION: To APPOINT Katie Bednaz as the Zoning Enforcement Officer and Commission’s duly authorized agent for enforcement of its Regulations  for the Town of East Windsor as required under Section 902.1(b) of the Zoning Regulations.

Gowdy moved/Saunders seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler)

LET THE RECORD SHOW Zoning Enforcement Officer Bednaz left the Meeting at 7:09 p.m. as she had other commitments this evening.

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS:  Raymond Graczyk  - Request for release of erosion control bond for 250 Main Street:

Chairman Ouellette READ FOR THE RECORD letter dated October 3, 2007 from Raymond Graczyk requesting return of the bond in the amount of $2,750 for work at 250 Main Street, East Windsor, CT.  

Town Planner Whitten noted Town Engineer Norton and Zoning Enforcement Officer (ZEO) Bednaz visited the site and found some erosion control issues remain unsettled.   They recommend holding the entire bond, or releasing a portion of the bond until stabilization of the site occurs.   Town Planner Whitten suggested releasing $1,750 and retaining $1,000.

MOTION: To RELEASE $1,750 of the Bond for Northeast Lamp Recycling,     Inc./Raymond Graczyk and retain $1,000 for property at 250 Main         Street, East Windsor, CT.

Gowdy moved/Saunders seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler)

NEW HEARINGS: Arthur Pronovost – 2-lot industrial resubdivision of property located at 4 New Park Road, owned by Carol A. and Nancy P. Pronovost.  [M-1 Zone; Map 14, Block 19, Lot 103]  (Deadline for decision 12/27/07):

Chairman Ouellette read the Hearing description.   Appearing to represent the Applicant was T. J. Baressi, of Ed Lally & Associates (Windsor).   

Mr. Baressi described the parcel location on the west side of New Park Road, which is off Thompson Road in the East Windsor Industrial Park.  The parcel currently contains an existing building and an access drive; the owner would like to subdivide the parcel into 2 lots, each containing approximately 5.5+/- acres.   Lot 1 would contain the existing 14,000+ square foot building.   Lot 2 could support a 21,000+/- square foot industrial building; parking for same would be based on the square footage of the building.     Both lots meet all requirements of the East Windsor Industrial Park Covenants.  

The parcel is currently served by public water and sewer.  No Open Space is being offered as there is no requirement for same under the industrial subdivision regulations.  
Mr. Baressi indicated they are showing two new street trees on the front of Lot 1 as required; minor revisions are being made to the plans to correct dimensional errors pointed out by Town Planner Whitten.

Mr. Baressi noted they are asking for a waiver of sidewalks as there are none in any of the other locations within the industrial park .

Town Planner Whitten advised the Commission she understood the parcels were originally separate but then merged; they are now being resubdivided again.   She noted she will review the dimensional standards before accepting the mylars.

Discussion followed regarding a Fee-In-Lieu-of-Sidewalks at the rate of 40% of the cost of sidewalk installation.  Town Planner Whitten noted the FILU has been noted on the sidewalk waiver approval.  

MOTION: To CLOSE the Public Hearing on the Application of Arthur Pronovost for a 2-lot industrial resubdivision of property located at 4 New Park Road, owned by Carol A. and Nancy P. Pronovost.  [M-1         Zone; Map 14, Block 19, Lot 103]  

Gowdy moved/Menard seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler)

MOTION TO APPROVE THE FOLLOWING REQUEST FOR 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.

Gowdy moved/Saunders seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler)

MOTION TO APPROVE Application of Arthur Pronovost requesting a permit for a two  lot re-subdivision for property located at  4 New Park Road, M-1 zone [Assessors Map 14, Blk. 19 Lot 99]. This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission) and the following conditions:

Referenced Plans:

        Schematic Plan prepared for Arthur Pronovost, 4 New Park Road , East Windsor, CT , prepared by Ed Lally and Associates Inc., 111 Prospect Hill Rd, Windsor, CT 06095 860/688-2413, scale  1” = 40’, dated 9/7/07

        Subdivision Plan , scale 1” = 40’, dated 9/7/07
                        
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 any 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.

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

7.      Two sets of final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  One set of signed mylars, shall be filed with the town clerk by the applicant, no later than 90 days 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.
8.      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.  

General Conditions:
 
9.      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 Statutes, Section 8-26c, as amended. The Commission shall require proper bonding be in place prior to the approval of any such extension.
10.     A Site Plan Approval and Zoning Permit shall be obtained prior to the commencement of any site work.
11.     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.
12.     Any modifications to the proposed drainage or grading for the resubdivision is subject to the approval of the town engineer.
13.     Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.
14.     By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.

Gowdy moved/Menard seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler)

NEW BUSINESS:  Specialty Printing – Modification of Approved Site Plan for a 20-space gravel parking lot addition at 4 Thompson Road.  [M-1 Zone; Map 14, Block 19, Lot 103]   (Deadline for decision 12/27/07):

Chairman Ouellette read the description of this Item of Business.   Appearing to represent the Applicant was Tim Malcahey, of PDS Engineering.  Also available in the audience was Robert Guertin, owner of Specialty Printing.

Mr. Malcahey reported the Applicant is requesting to increase the existing parking by adding 20 spaces in the rear; the area would be gravel rather than bituminous.   The spaces would handle overflow parking between shift changes.  Discussion followed regarding the proposal for a gravel surface vs. bituminous as required under the regulations.   Town Planner Whitten felt the Applicant had plans for future expansion, at which time they may revise the parking location or pave this area.  

Discussion continued regarding the surface requirement; Commissioner Gowdy felt this waiver for gravel parking would be setting a precedent for future applications.  Mr. Malcahey suggested that after years of compaction the gravel will become an impervious surface.  Commissioner Matthews suggested snow melts much slower on gravel during the winter; he felt the gravel would create a safety hazard for employees on a daily basis.   Commissioner Tyler questioned if the regulations requiring paving?   Town Planner Whitten replied the regulations require paving unless the requirement is waived.  Discussion continued regarding conditional approval allowing gravel for a specified amount of time, enforcement problems associated with the conditional approval, and whether paving could occur during this season.  Town Planner Whitten noted that these revised plans had been submitted to herself and Town Engineer Norton late this afternoon, she suggested further review of the calculations with Town Engineer Norton regarding the request for paving.

Mr. Malcahey noted the owner, Mr. Guertin, was present in the audience.   There is a need for the additional parking at present.  Chairman Ouellette requested submission of written comments by Town Engineer Norton.   

Commissioner Matthews also noted that an area of the existing parking lot curbing is broken near the proposed location of the new parking.   He noted there is evidence that someone goes beyond the curb to make a turn.  Commissioner Matthews suggested the design would rely on that curbing to direct water to the catch basin; he felt Town Engineer Norton was alluding to that issue in his memo of November 8th.   Mr. Malcahey felt that issue had been addressed by Town Engineer Norton’s recommended to install a berm on the westerly edge of the proposed gravel parking.  Commissioner Matthews felt this area needs to be redesigned; Chairman Ouellette felt the drainage calculations assume that the curb under discussion is in place.   Mr. Malcahey indicated he could take a look at the turning radius for vehicles but he suggested the damage could also be caused by plow trucks.  Chairman Ouellette questioned the size of the typical delivery truck?   Robert Guertin (owner), speaking from the audience, indicated they would be approximately 30’.  Chairman Ouellette questioned if he knew if this damage was caused by the trucks turning?  Mr. Guertin indicated he was unsure; at shift changes people park cars there.

Discussion continued.   The consensus of the Commission was to continued the Application while waiting for further comments from Town Engineer Norton.
                                                                                                  
MOTION: To CONTINUE the Application of Specialty Printing for Modification              of Approved Site Plan for a 20-space gravel parking lot addition at 4 Thompson Road.  [M-1 Zone; Map 14, Block 19, Lot 103] to the Commission’s regularly scheduled Meeting on November 27, 2007 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad               Brook, CT.  

Menard moved/Saunders seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler)

NEW BUSINESS:  137 Prospect Hill, LLC and 137A Prospect Hill, LLC – Modification to Approved Site Plan for a change of use from bank to retail and installation of drive-up ATM machine at 137 Prospect Hill Road.  [B-2 Zone; Map 2, Block 4, Lots 28 & 28A].  (Deadline for decision 1/17/07):

Chairman Ouellette noted receipt of letter dated November 13, 2007 requesting postponement of this Item of Business.  

MOTION: To TABLE the Application of 137 Prospect Hill, LLC and 137A Prospect Hill, LLC for a Modification to Approved Site Plan for a change of use from bank to retail and installation of drive-up ATM machine at 137 Prospect Hill Road.  [B-2 Zone; Map 2, Block 4, Lots 28 & 28A] to the Commission’s regularly scheduled Meeting on November 27, 2007 at 7:00 p.m. in the Town Hall Meeting Room, 11      Rye Street, Broad Brook, CT.  

Gowdy moved/Menard seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler)

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:

Town Planner Whitten noted no one is present in the audience to discuss this issue.  

BUSINESS MEETING/(2)  Discussion on needed changes to Zoning Regulations:

Town Planner Whitten provided the Commission with an excerpt from the current Plan of Conservation and Development regarding future planning strategies, priorities, and recommendations.   After lengthy discussion it was decided to pursue drafting zoning regulations for the Route 140 corridor, with consideration of drafting village district regulations/plans for Warehouse Point and Broad Brook at a later date.

BUSINESS MEETING/(3)  Meeting Schedule for 2008:

M OTION:        To ACCEPT the 2008 Meeting Schedule as presented.

Gowdy moved/Menard seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler

BUSINESS MEETING/(4)  Election of Officers:

Postponed.

BUSINESS MEETING/(5)  Correspondence:    None.

BUSINESS MEETING/(6)  Staff Reports:   None.

APPROVAL OF MINUTES/October 23, 2007:

MOTION: To APPROVE the Minutes of Public Hearing #1516 dated October 23, 2007 as written.

Gowdy moved/Menard seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler

SIGNING OF MYLARS/PLANS, MOTIONS:
                
Plans:          *       Shoham Road Transfer Station
*       Craftsman Road
*       Benson Enterprises, 111 Bridge Street

Motions:        *       Benson Enterprises, 111 Bridge Street
                *       142 East Road

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 9:12 p. m.

Gowdy moved/Menard seconded/
VOTE:  In Favor: Unanimous (Gowdy/Menard/Ouellette/Saunders/Tyler


Respectfully submitted,

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