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November 27, 2007 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1518
November 27, 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 7:05 P. M. by Chairman Ouellette.

ESTABLISHMENT OF QUORUM:

A quorum was established as two Regular Members (Gowdy and Ouellette) and two Alternate Members (Farmer [arrived at 7:15] and Matthews) were present.  Regular Member Guiliano  and Alternate Member Tyler were absent.  Chairman 0ullette noted Alternate Members Matthews, and Farmer upon his arrival, would sit in on all Items of Business this evening.   Also present was Town Planner Whitten, and Zoning Enforcement Officer Bednaz.

ADDED AGENDA ITEMS:     None.

RECEIPT OF APPLICATIONS:

Chairman Ouellette acknowledged receipt of the following Application:

1.      Application of Balch Bridge Street Corp. for a Special Use Permit/Excavation for excavation and removal of fill material at 244 South Main Street.  [M-1, B-2 & A-2 zones;  Map 38, Block 5, Lot 87

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, November 15, 2007, and Thursday, November 22, 2007, was read by Chairman Ouellette:

1.      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 Sofia’s Plaza, LLC.   [B-2 Zone; Map 2, Block 17, Lot 1A].

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS:  Dean Rasmussen, Plantation Properties, LLC – Request for release of erosion control bond for 47 Plantation Road:

Chairman Ouellette read the description of this Item of Business.  Chairman Ouellette noted receipt of the following:  1)  letter dated 11/19/2007 from Mr. Rasmussen
requesting release of the Erosion Control Bond; and 2) memo from Town Engineer Norton dated 11/14/2007 noting his recommendation to release the bond based on a recent site visit.

MOTION: To RELEASE the Erosion and Control Bond in the amount of $4,115                         as requested by Dean Rasmussen for Plantation Properties, LLC.  

Gowdy moved/Matthews seconded/
VOTE:  In Favor:  Unanimous (Gowdy/Matthews/Ouellette)

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS:  East Windsor Limited Partnership – Request from J. R. Russo & Associates for a 180-day extension for filing mylars for the 6-lot industrial subdivision located at Newberry and Craftsman Roads.  (Current mylar deadline 1/2/08):

Chairman Ouellette read the description of this Item of Business.  He noted receipt of letter dated 11/21/2007 from Lee Fitzgerald of J. R. Russo & Associates requesting a 180 day extension for filing mylars for East Windsor Limited Partnership.

Town Planner Whitten indicated she hasn’t spoken with the Applicant but feels the delay is due to project financing and filing Conservation Easements.

MOTION:         To GRANT the request of J. R. Russo & Associates on behalf of East                      Windsor Limited Partnership for a 180 extension for filing mylars for the 6-lot industrial subdivision located at Newberry and Craftsman Roads.

Gowdy moved/Matthews seconded/
VOTE:  In Favor:  Unanimous (Gowdy/Matthews/Ouellette)

NEW HEARING:  Iwona Lacic – 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 Sofia’s Plaza, LCC.  [B-2 zone; Map 2, Block 17, Lot 1A]  (Deadline to close hearing 1/1/08):

Chairman Ouellette read the Hearing description.   Town Planner Whitten noted the Applicant is not present this evening but the Application is for a grocery beer license to sell beer in the deli; there would be no on-site consumption.   Sales would be limited to beer; no alcohol would be sold.

MOTION: To CLOSE the Public Hearing on the 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 Sofia’s Plaza, LCC.  [B-2 zone; Map 2, Block 17, Lot 1A].

Gowdy moved/Matthews seconded/
VOTE:  In Favor:  Unanimous (Gowdy/Matthews/Ouellette)

MOTION TO APPROVE application of  Iwona Lacic representing Belvedere Polish Delicatessen and owner Sofias Plazas, LLC  requesting a Special Permit for a Grocery Beer License for sales of beer in the deli at 122 Prospect Hill Rd, Zoned B-2, Assessors Map 2, Block 17, Lot 1A.

Said permit is subject to the following conditions:

Conditions of Approval:

1.      The Grocery Liquor permit is accessory and incidental to the restaurant use.
2.      The deli is primarily a “take out”  operation. Although some food is consumed onsite, the consumption of alcohol on site is prohibited.
3.       The condition of this approval shall be binding upon the applicant, land owners, and their successors and assigns.
4.      A copy of the final approved motion shall be filed, by the applicant on the land records.

Gowdy moved/Matthews seconded/
VOTE:  In Favor:  Unanimous (Gowdy/Matthews/Ouellette)

LET THE RECORD SHOW Commissioner Farmer arrived at the Meeting at 7:15 p.m.

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 discuss this Application was Tim Mulcahey, representing the Applicant.

Mr. Mulcahey noted the Commission had made several recommendations at the previous meeting; they will now be paving the gravel parking area, the pipe is more than adequate to take run off, and they will be replacing the broken asphalt curbing presenting existing at the site (while filing behind this area to maintain a 2:1 slope.

Town Planner Whitten noted Town Engineer Norton, under his memo of 11/27/2007, has recommended the word “gravel” be removed from the plans and application title and replaced with the word “paved”.  She also noted the Applicant will no longer be requesting a waiver for the gravel parking area.

MOTION TO APPROVE  the application of owner Specialty Printing, LLC for site plan review to expand the parking lot at 4 Thompson Road per Chapter 601 of the East Windsor Zoning Regulations. (Map 14, block 19, Lot 103) 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:

-       Specialty Printing Company, 4 Thompson Road, East Windsor CT , Plan @Proposed Gravel Parking prepared by PDS Engineering & construction, Inc, 107 Old Windsor Rd, Bloomfield, CT 06002, 860/242-8586, 242-8587 fax darted 10/15/07  scale 1” = 30’

-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.

3.      Grading must direct flow toward existing catch basins.

4.      As Built Plan should show ALL structures on the site, including compressor pads and gazebos.

5.      Overall impervious coverage should be presented in aggregate in the Zoning Table.

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

6.      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.

7.      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:

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 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:

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

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

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

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

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

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

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

18.     All required landscaping shall be adequately maintained.

19.     A final as built mylar shall be submitted.

Gowdy moved/Matthews seconded/
VOTE:  In Favor:  Unanimous (Farmer/Gowdy/Matthews/Ouellette)

NEW BUSINESS:  137 Prospect Hill, LLC and 137A Prospect Hill, LLC – Modification of 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 read the description of this Item of Business.   He noted receipt of letter dated 11/21/2007 from Timothy Coon of J. R. Russo & Associates requesting withdrawing of the subject Application.

MOTION: To ACCEPT the withdrawal on behalf of 137 Prospect Hill, LLC and 137A Prospect Hill, LLC – Modification of 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].

Gowdy moved/Matthews seconded/
VOTE:  In Favor:  Unanimous (Farmer/Gowdy/Matthews/Ouellette)

BUSINESS MEETING/(1)  Correspondence:

v       Resignation of Commissioner Saunders effective 11/30/2007
v       Appointment of Kevin Saunders as Hearing Officer for the appeal process under   the Fines Ordinance
v       Notice of Violation to Newberry Road Enterprises/Steve Dearborn re: IWWA                 Permit #1391/68 Newberry Road
v       Notice of Violation to Newberry Road Enterprises/Steve Dearborn re: conducting  regulated activity without a permit/68 Newberry Road
v       Notice of Violation to All American Products Corp/James Balch for change of use         and conducting regulated activity without a permit/244 South Main Street        (rear).

BUSINESS MEETING/(2)  Staff Reports:            None

APPROVAL OF MINUTES/November 13, 2007:

MOTION: To APPROVE the Minutes of Public Hearing #1517 dated November                   13, 2007 as written.

Gowdy moved/Matthews seconded/
VOTE:  In Favor:  Unanimous (Farmer/Gowdy/Matthews/Ouellette)

SIGNING OF MYLARS/PLANS, MOTIONS:       None.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 7:29 p.m.

Gowdy moved/Matthews seconded/
VOTE:  In Favor:  Unanimous (Farmer/Gowdy/Matthews/Ouellette)


Respectfully submitted,

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