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January 8, 2008 Minutes

Public Hearing #1520
January 8, 2008

***** 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 7:01 P. M. by Chairman Ouellette.


A quorum was established as two Regular Members (Gowdy and Ouellette) and two Alternate Members (Farmer and Matthews) were present.  Regular Member Guiliano   and Alternate Member Tyler were absent.  Chairman 0ullette noted Alternate Member Farmer has been appointed a Regular Commissioner but has not been sworn in as such; however Commissioner (as an Alternate) and Alternate Commissioner Matthews will sit in on all Items of Business this evening.  The Commission presently carries two vacancies.   Also present was Town Planner Whitten.


Town Planner Whitten requested to speak on property located at 123 South Main Street under the Business Meeting.


Chairman Ouellette noted receipt of the following Applications:

1.      Application of NRT Realty, LLC for a Zone Change from R-1, R-2 & M-1 to B-2 for the following:
Map     Block   Lot     Property                        Owner
1       12      4       125 Bridge Street               Joseph N. Lata, Jr.
1       12      8       South side Bridge Street        Joseph N. Lata, Jr.
1       12      9       South side Bridge Street        Joseph N. Lata, Jr.
1       12      10      131 Bridge Street               Debra A. Morell
1       12      11      133 Bridge Street               Anthony & Dorothy
                                                        M. Dimastrantonio

2.      Application of Armster Reclaimed Lumber Co. for Site Plan Approval to allow storage of lumber at 246 South Main Street, owned by All American Products Co.  [M-1, B-2 & A-2 Zones; Map 33 & 38, Block 5, Lots 84-1 & 87].

LEGAL NOTICE:   No new applications to be advertised.

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS:  Dave Olender – Request for release of erosion control bond for 1 Shoham Road:

Chairman Ouellette noted receipt of memo dated December 10, 2007 from Town Engineer Norton which recommends release of the Erosion Control Bond for Dave Olender at 1 Shoham Road.  Town Planner Whitten noted the amount of the Bond is $2700.   Both Town Engineer Norton and Wetlands Agent/Zoning Enforcement Officer Bednaz have visited the site.

MOTION: To RELEASE the Erosion Control Bond for $2700 for Dave Olender                  for 1 Shoham Road.

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

NEW HEARING:  Balch Bridge Street Corp – Special Use Permit/Excavation to allow excavation and removal of fill material at 244 South Main Street, owned by All American Products Corp.  [M-1, B-2 & A-2 Zones; Map 38, Block 5, Lot 87]  (Deadline to close hearing 2/12/08):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing the Applicant - Balch Bridge Street Corp. and owner of All American Products, Corp., Inc.  Also present in the audience, and offering comments during discussion, was James Balch.

Mr. Ussery indicated this is an Application for a Special Use Permit under the Excavation Section of the regulations for property located at 244 South Main Street (on the west side of Route 5 southwest of the cell tower, and Hot Cakes Restaurant, which is in front of this parcel).  Mr. Ussery reported he believes the area to the west of the building towards the Connecticut River was before the Commission 8+/- years ago for the area to be filled to be used for parking of farm vehicles and parking for the Baggott farm stand.   Baggott’s Farms is no longer a tenant; Armster Reclaimed Wood is the new tenant.  Additional material has been placed adjacent to the western part of the slope near the Connecticut River; some of that material has gone into the (Connecticut River) Channel Encroachment Line and the Flood Plain.  The Inland/Wetlands Commission has taken action for Balch Bridge Street Corp to remove that material; Balch Bridge Street Corp needs a permit from the Planning and Zoning Commission (PZC) to remove that material because there is more than 100 cubic yards of fill.   Discussion determined the amount of fill that has been placed in the area under discussion is between 3500 and 4500 cubic yards.  

In response to Chairman Ouellette’s question of the need for the trucks to leave the site, and where that access would be, Mr. Balch, speaking from the audience, indicated they have pulled material away from the bank but they might want to put some back; they might not need to have the trucks leave.  If they did have to he would install/re-enforce the anti-tracking pad which comes up the hill going east and up to Route 5.  In response to Chairman Ouellette’s question where access would be if the trucks did leave the site Mr. Ussery indicated they would use an existing access south of the greenhouses.  Chairman Ouellette questioned how long it would take to complete the removal process?   Mr. Ussery mulled over calculations, finally feeling if  2 trucks per day were utilized it would require 12 trips/day and take 3+/- weeks.

Town Planner Whitten questioned Mr. Balch where the materials would be used on site?   Mr. Balch reiterated they had pulled dirt off from something that was; he needs to review his records and must substantiate that there was a base there before that wasn’t there now.  Town Planner Whitten requested a clarification that the fill would not be used on this property?   Mr. Balch replied not on the area being discussed; it’s another property which he owns.  Chairman Ouellette requested clarification that they might not need to go to Route 5 to get to the property Mr. Balch intends to move the material to?   Mr. Balch replied affirmatively.  

Commissioner Farmer questioned that there were no contaminants in this material, as he would not be comfortable moving it from one spot to another if there were.   Discussion followed as to the wisdom of a landowner accepting contaminated soil, and ways to spot contamination.   Mr. Balch indicated to the best of his knowledge there are no contaminants in the material.  

Chairman Ouellette questioned what the site would look like when the site is excavated?  Mr. Ussery indicated it will conform with grades required 7 or 8 years ago which are reflected on a plan in the Planning Office submitted for a previous approval.  

Discussion returned to the amount of trucks working the site, and hours of operation.  Commissioner Gowdy referenced Condition #11 of a potential approval motion, which cites a maximum of 60 loads/day or 300 loads/week and hours of operation of 7:30 a.m. to 5:00 p.m. 5 days/week - Monday through Friday.  Commissioner Gowdy requested clarification that work would not occur on holidays or weekends; Mr. Ussery replied affirmatively.  Chairman Ouellette requested that the wording be revised slightly to confirm with the regulations language.  Mr. Balch questioned no work would be allowed on Saturdays; Chairman Ouellette referenced the regulations, noting the proposed wording is no different than required of any other applicant/permit.

Commissioner Matthews returned discussion to the need for a construction pad.  Mr. Ussery felt it was unnecessary as this is a small project which could be completed in a week or two during a dry period.   Mr. Balch indicated he wanted to get every dollar out of the project he can as the place isn’t rented.  Commissioner Gowdy felt the Commission didn’t know that the work could/would be done during a dry period.   During discussion the Commission compromised on revised wording - see approval motion.

Discussion returned again to the removal of the fill, and the receiving location.  Town Planner Whitten noted the Commission needs to know the area where the fill will be placed won’t cause drainage concerns.  She also noted a final “As-Built” will need to be submitted reflecting all grading and excavation work.   Town Planner Whitten also indicated that the Inland/Wetlands Commission reviewed this application at great length; the PZC will incorporate the Inland/Wetlands Commission conditions in this permit.  

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

MOTION: To CLOSE the Public Hearing on the Application of Balch Bridge  Street Corp for a Special Use Permit/Excavation to allow excavationn and removal of fill material at 244 South Main Street, owned by All        American Products Corp.  [M-1, B-2 & A-2 Zones; Map 38, Block 5,  Lot 87].

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

MOTION TO APPROVE the  Application of Balch Bridge Street Corp., and owner All American Products Corp., Inc. requesting a Special Use Permit per Section 814 , for an excavation permit to allow the export of material from 244 South Main
Street, Assessor Map # 38, Block #5, Lot #87.  A-1/B-2 and M1 Zones .  This approval is granted subject to conformance with the referenced plans and the following conditions:

Referenced Plans:

1 of 2: Site/Slope Stabilization Plan prepared for Balch Bridge Street Corp., 244 South Main Street, East Windsor, CT Zone B2, A2, & M1, Map 38, Blk5, Lot 87,  prepared by J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 860/623-0569, fax 860/623-2485, dated 8/29/07,
2 of 2: Rev 8/30/07 and 10/2/07


Conditions that must be met prior to signing of mylars:

1.      The name and phone number of an individual for 24 hour emergency contact for erosion control problems must be noted on the plans.  Any changes in the individual responsible for emergency contact must be reported immediately to the Planning and Zoning Department.

2.      One set of final plans, with any required revisions incorporated on the sheets shall be submitted for review and approval of Town Planner.

Conditions that must be met prior to issuance of permits:

3.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this approval motion shall be filed in the land records prior to the signing of the final mylars.
4.      One set of final mylars shall be filed in the Planning & Zoning Office by the applicant prior to issuance of any permit, one set shall be filed on the land records in Town Clerks Office.

5.      A  performance bond with amount to be approved by Town Engineer, with surety acceptable to the Town Attorney shall be provided by the applicant.

6.      A full anti-tracking pad, or similar treatment may be required in the construction entrance from Route 5. Any erosion and sedimentation control measure must first be approved by the Town Engineer

General Conditions:

7.      A zoning permit shall be obtained prior to the start of any work or new phase.  No zoning permit shall be issued until a cash or passbook bond for site restoration,
erosion and sedimentation control has been submitted.  Such bond shall be good for                            the life of the permit/project.  Any funds that may be withdrawn by the Town for such maintenance shall be replaced within 5 days or this permit shall be rendered null and void.

8.      The final grading shall conform to the proposed final grading as indicated on the referenced plans; but in no case shall any final slope be steeper than a rise to run ratio of 1:3, also knows as a 33% slope.

9.      No trees, brush or stumps shall be buried on site.

10.     The driveway and roadway in close proximity shall be cleaned regularly to minimize the dust nuisance created by exiting/entering traffic.

11.     The total number of loaded, or partially loaded, incoming trucks to the site shall not exceed an average of sixty (60) trucks per day or a maximum of three-hundred (300) trucks in any one week period, counting Monday through Friday.

12.     Activity on the site shall not occur before 7:30 a.m. and shall not be opened or operated later than 5:00 p.m. on weekdays, Monday through Friday, nor on holidays and weekends.

13.     Measures to minimize the dust nuisance from the site shall be provided by the applicant for review and approval of Town staff.  Additional measures are to be undertaken if required by staff if field conditions necessitate.

14.     The “Best Management Practices” outlined by the Hartford County Natural Resource Conservation Service shall be adhered to.

15.     The applicant shall adhere to all conditions of their Inland Wetlands Permit.
16.     Certified as-builts showing contours of completed and active areas shall be submitted to the Planning and Zoning Department

17.     There shall be no on-site maintenance of equipment unless it is a clear emergency.  Town staff shall be notified if such emergency exists.

18.     All trucks and equipment shall be parked off-street.

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

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

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

22.     By acceptance of this permit and conditions, the applicant and owner 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.

(Additional Conditions):

23.     A final “As-built” will be required reflecting all grading and excavation.

24.     Any relocation of soil within East Windsor town limits will require staff approval.

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

BUSINESS MEETING/(1)  Sewer Service Area Map, Review and Comment:

Town Planner Whitten reported the map before the Commission is the result of a submission from the Water Pollution Control Authority (WPCA) to the Department of Environmental Protection (DEP) and Office of Policy and Management (OPM).  Although the DEP/OPM are looking for local feedback it appears there will no little further interpretation or negotiation.  The map is based on the State’s idea for regional growth.   They are allowing sewer expansion in South Windsor, Enfield, and Ellington but are adamant about East Windsor not expanding the sewer service area beyond this map.  They don’t want the town to expand anywhere more than we absolutely need to.  If the Town doesn’t follow the State’s growth area boundaries it would not get any State funding for sewers, or open space, or perhaps other issues.   She did not know if failure to accept this map would affect State funding for education.  

Town Planner Whitten noted the Town wants to install sewers along North Road as there are many failing septic systems.  Although the sewer installed for the Mansions at Canyon Ridge can service some of those property owners they can not service all of them.  If the opportunity presented itself to rezone North Road as commercial property there would be no opportunity to do so based on this map.  Another problem is Wells Road, which also suffers many failed septic systems. She noted without sewer expansion the Town can’t use any of its planning tools, as it would prohibit cluster subdivisions as many of the soils can’t support septic systems.  This map essentially stops economic development for East Windsor, and causes cookie-cutter developments.  Once this map is adopted anyone wanting to put in sewers in a Sewer Avoidance Area would have to go to the State to plead their case for a map revision before coming to the Town for an application.  Adoption of this map requires a Public Hearing through the WPCA.  

Discussion continued, noting changes, which affect owners property values, have been made from a previous map submission.  They questioned the criteria for those changes, and for selection of what areas go into the Sewer Service Area vs. the Sewer Avoidance Area.  

Mr. Ussery, speaking from the audience, noted he has a client who is interested in persuing a Planned Residential Development (PRD) in a non-sewered area.   The client is considering going to the WPCA and the State for plan revisions.   The Commission cited concern that if parcels are swapped for inclusion in the Sewer Service Area it would mean dropping another property somewhere else.  The Commission reiterated they are unclear as to the criteria by which this map was created.  Concurring with the Commission’s request Chairman Ouellette requested that the Chairman of the WPCA attend the next PZC Meeting for further discussion; Town Planner will also ask that Bill Hogan of the DEP also attend, and invite members of the Inland/Wetlands Commission as well.

LET THE RECORD SHOW Commissioner Matthews left the meeting at 8:30 p.m. to attend another agency meeting.  

BUSINESS MEETING/(2)  Up-coming Sign Enforcement:

Town Planner Whitten noted Zoning Enforcement Officer Bednaz is going out on a sign enforcement campaign; press releases have been issued regarding the sign ordinance and her intended actions.

BUSINESS MEETING/(3)  Fee Schedule:

Town Planner Whitten submitted a revised Application Fee Schedule for the Commission’s review.   Discussion followed regarding the actual cost of current application/public hearing publication requirements and State required fees vs. fees collected, and possible new fees to be initiated (for “after-the-fact” site plan and special use applications).  The Commission will review this submission for further. discussion at the next Commission Meeting.

BUSINESS MEETING/(4)  Correspondence:

1)      Town Planner Whitten noted receipt of a request from a property owner for property located at 123 South Main Street, which is located within a TZ-5 Zone and requires a         Special Use Permit for any use.  The property has contained various uses over the years -       a yoga studio, contractor’s yard in back, car sales, and an auto detailing shop.  Someone wants to come in with a vitamin store, which the owner feels was previous allowed at this     location but he is unable to produce any proof of that use.   The Commission requested  documentation to substantiate the previous use as a vitamin shop.

2)      Chairman Ouellette cited receipt of an invitation to a ribbon cutting ceremony for the portable ice skating rink previously approved by this Commission at Osborn Park.  Ceremony to be held at the rink at 1:00 p.m. on January 26th.

BUSINESS MEETING/(5)  Staff Reports:               None.

APPROVAL OF MINUTES/November 27, 2007:

MOTION: To APPROVE the Minutes of Public Hearing #1518 dated November                   27, 2007 as written.

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

December Commission cancelled, no Minutes prepared.


v       Srinivas Mothe - Plans
v       Specialty Printing - Motions
v       Iwona Lacic - Motions   


MOTION: To ADJOURN this Meeting at 8:55 p.m.

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

Respectfully submitted,

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