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March 11, 2008 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1524
March 11, 2008

***** Draft Document – Subject to Commission Review *****

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.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Devanney, Farmer, Gowdy, and Ouellette) and two Alternate Members (Thurz and Tyler) were present.  Regular Member Guiliano and Alternate Member Matthews were absent.  Chairman 0ullette noted Alternate Member Tyler would sit in on all Items of Business this evening.   Also present was Zoning Enforcement Officer Bednaz.

ADDED AGENDA ITEMS:     None.

RECEIPT OF APPLICATIONS:

Chairman Ouellette noted receipt of the following Applications:

1.      Application of Emil Demikat, et al for a 3-lot Resubdivision located at 93      Rockville Road.  [A-1 Zone; Map 42, Block 64, Lot 10].

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on February 28, 2008, and Thursday, March 6, 2008, was read by Chairman Ouellette:

1.      Application of Calafiore Enterprises, LLC for a Zone Change from B-1 to B-2 for         property located at 276 Main Street, East Windsor [Map 11, Block 15, Lot 8]

2.      Application of Ray Fahey for a Special Use Permit to allow greater than a small         number of saddle or riding horses and greater than a small flock of poultry at 96       Depot Street, owned by Ray and Tracey Fahey.  [R-2 Zone; Map 23, Block 54,      Lot 7].

3.      Application of Mark Hajowyj for a Special Use Permit for a change of use to     retail sales of nutritional supplements for property at 123 South Main Street,  owned by John Burnham.  [TZ5 Zone; Map 38, Block 20, Lot 60].   

NEW HEARING:  Calafiore Enterprises, LLC - Zone Change from B-1 to B-2 for property located at 276 Main Street, East Windsor.  Map 11, Block 15, Lot 8].  (Deadline to close hearing 4/15/08):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, and Sal Calafiore.  

Mr. Ussery submitted an affidavit regarding the posting of signs for the Zone Change on the property, and noted that Certified Mail Receipts had been submitted to the Planning Office.

Mr. Ussery referenced the plans, noting the Application is for a Zone Change for a parcel located in the triangle of Main Street, South Main Street, and Prospect Hill Road.  The parcel was previously the site of a Mobil Station which has been closed for 5 to 10 years.   The parcel is currently zoned B-1; the proposal is to change the zone to B-2 to allow use as a used car dealership.  The parcel is served by sewer, public water, gas, and utilities.  Mr. Ussery referenced  two pages of the East Windsor Plan of Conservation and Development (POD), pages 3-20 and 2-21, which discuss design of an East Windsor Northern Business Corridor (NBC).  All of the land in the NBC would be zoned B-2, and would include this parcel at the southern tip of the design proposal.  The POD suggested that the Commission add all split zone parcels to the adjacent business district.

Commissioner Gowdy cited concern for a re-zone on a parcel which has not been determined to be pollution-free; he cited a staff memo indicating clean up had not been completed.  Mr. Ussery suggested that Exxon Mobil has cleaned up the parcel; Mr. Calafiore will get a sign-off on that status.  Mr. Calafiore indicated he has already purchased the property; he has a contract with Mobil regarding their responsibility to clean up the site.  He also has an Environmental Remediation Plan from DEP regarding the clean up process and continued monitoring of the site.  

Commissioner Devanney indicated the new use would clean up an unsightly area.

Chairman Ouellette noted several variances had been obtained for this site; he questioned if the variances go with the Applicant or the land?  Mr. Ussery indicated the variances go with the land.  

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

MOTION: To CLOSE the Public Hearing on the Application of Calafiore Enterprises, LLC – Zone Change from B-1 to B-2 for property located at 276 Main Street, East Windsor.  [Map 11, Block 15, Lot 8].

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

NEW HEARING:  Ray Fahey – Special Use Permit to allow greater than a small number of saddle or riding horses and greater than a small flock of poultry at 96 Depot Street, owned by Ray and Tracey Fahey.  [R-2 Zone; Map 23, Block 54, Lot 7]  (Deadline to close hearing 4/15/08):


Chairman Ouellette read the Hearing description.  Appearing to discuss this Application was Ray Fahey, of 96 Depot Street.  

Mr. Fahey reported it had come to he and his wife’s attention that they were not fitting in with the current Zoning Regulations as they have more horses than are allowed in an R-2 Zone.  As a result they have filed an Application for a Special Use Permit.  Chairman Ouellette suggested the number wasn’t defined.   Mr. Fahey concurred there is no definition for a “small number of horses”; they felt they were within the number with the 13 horses they have now.   There is no definition for “a small number of chickens” either; Staff felt they need 10.  

Commissioner Tyler suggested the Faheys own an 11 acre farm; he doesn’t understand the requirement for a Special Use Permit.  He didn’t see a definition for how big a farm must be, nor does he feel the Regulations say that a farm doesn’t have a residence on it.  His concern is that any farm with a house on it would be required to have a Special Use Permit for 2 cows, including his property.

Commissioner Farmer suggested Section 402 indicates the use must be for occupants only.   Commissioner Tyler suggested the regulation also says for accessory use, and these owners call it a farm.  Commissioner Tyler reiterated that it bothers him that anyone with 2 horses on a farm must come in for a Special Use Permit.  He felt it might apply for a 3 acre lot but not for an 11 acre farm.  

Chairman Ouellette noted the Commission reviewed the Farm Regulations and had numerous discussions on this same subject; he doesn’t know if the Commission ever will agree on more specific regulations.  Commissioner Tyler indicated he spoke with the Town Planner on this issue.  It was felt they should not have 13 or 14 horses on 4 acres but this is an 11 acre parcel; he reiterated he doesn’t see how this situation should be coming under an accessory use to a residence.  

Commissioner Gowdy suggested there is precedence that this property has been used as a farm for 35+/- years.   Commissioner Tyler cited Section 8.13, page 87 of the Regulations, from which he read an excerpt.  He reiterated he felt this application coming in under an accessory use to a residence was a bad idea; this is a farm.  Chairman Ouellette suggested if this is a business use then it’s no longer an accessory use.  Commissioner Tyler stated that any farm is a business; he felt what Mr. Fahey was doing on his property is a farm under Act 490 by the State and it qualifies as a farm under the Commission’s regulations.  Chairman Ouellette noted Mr. Fahey didn’t come to the Commission willingly; there was an action that prompted his appearance before the Commission with this request.   Commissioner Tyler reiterated again that he didn’t feel this was a good policy to set; if he had 5 acres and wanted to put up a barn behind his house then maybe he would say this should come in under a Special Use Permit but Mr. Fahey has 10-11 acres which is a good sized property.  It is more than capable of stabling and pasturing 15 - 20 horses.  Commissioner Tyler reported he knows Mr. Fahey and he knows he breeds; he is not just a stable; that qualifies him as a farm under the State.

Commissioner Gowdy suggested there were some concerns regarding “junk” around the property, stuff for sale, and piles of wood behind an adjacent property which was unsightly, and a dispute regarding the distance of a trailer being too close to the property line.  He noted on review of a survey the trailer isn’t too close to the property line; if the other complaints had not arisen Mr. Fahey probably wouldn’t be here.

Chairman Ouellette noted the Town isn’t going out and looking for these situations.   Commissioner Tyler returned to his comments regarding a concern in setting a precedent for a farmer having to come in for a Special Use Permit.  Commissioner Farmer suggested the regulations were written to keep farms from encroaching on residential properties.   This parcel is zoned residential, and the regulation says it’s to be used by the occupant only.  Commissioner Farmer suggested the regulations weren’t to prevent someone with 10 or 50 acres from having a farm.  His concern is setting a precedent that someone with a residential property can put as many horses on the property as he wants.  Commissioner Tyler disagreed.  Chairman Ouellette clarified that the Commission must abide by the regulations as written today.   Commissioner Tyler questioned, again - is this an accessory use?  

Commissioner Devanney queried Mr. Fahey - of the 13 horses, how many are yours?   Mr. Fahey replied 6.  Commissioner Devanney questioned Mr. Fahey how many he would like to have?   Mr. Fahey indicated he would like to have the capability of having 20.  Commissioner Devanney questioned if that was the number he would be seeking?   Mr. Fahey indicated he didn’t want to put a number on it because he might be able to purchase more property.  

Chairman Ouellette noted the Planning Office received numerous letters regarding this Application.  Zoning Enforcement Officer Bednaz clarified that one letter was against the Application; the others are in favor of granting the Special Use Permit, or for the Faheys to have horses on the property.  Mr. Fahey questioned if the opponent is the complainant?  No verbal response was made.  Chairman Ouellette passed the letters around for the Commissioners review.

Mr. Fahey reported that the complainant didn’t like the location of the tractor trailer in which he stores hay.   The trailer is there so his wife doesn’t have to walk a great distance to access the hay.   The complainant asked that the trailer be moved, which he did, but the new location didn’t meet the complainant’s needs either.  Commissioner Devanney noted the trailer is there but the debris on it is gone.  Mr. Fahey reported the trailer behind 84 Depot Street has been moved.  Commissioner Gowdy felt the location of the trailer was considered a violation, and doesn’t haven’t anything to do with the Special Use Permit.  He felt the complainant wrote the letter because the violation hadn’t been taken care of and they became impatient, which Commissioner Gowdy suggested he may have also been.  He also felt this Application shouldn’t be coming to the Commission if Staff said 10 was OK.  Chairman Ouellette queried if it was fair to say the regulations are silent on the numbers?  Commissioner Gowdy concurred the regulations are vague on what is a small amount and when the Commission was reviewing the regulations Commissioner

Tyler opposed putting a number on.  He felt perhaps the Commission could set a number for Mr. Fahey’s Application, maybe 15 or 20, and if the regulations change he could come back for an amendment/modification.  Chairman Ouellette suggested the Commission could set an expiration date for the approval as they for Simba’s Doggie Daycare.  Commissioner Gowdy felt that since it wasn’t spelled out in the regulations the Commission must now make a decision as to what’s too big.  Commissioner Tyler felt the Commission could say a Special Use Permit isn’t required and then revise the regulations.   Commissioner Gowdy felt the Commission must make a compromise on this Application, as the intention of the regulations is to try to help the people of East Windsor and not hurt them, and then work on the regulations.  Commissioner Tyler noted the requirement in the one acre subdivision for the right to farm.   Commissioner Devanney felt the Commission needed to review the whole situation, and needed to satisfy the residents as well as the farmer.  

Zoning Enforcement Bednaz suggested that regarding this situation Mr. Fahey is here to define what is a small number.  She suggested this acreage has been used as a farm but the Faheys are planning to have more animals and now is the opportunity to control the conditions for manure storage, etc.  

Commissioner Tyler questioned if the Commission later tweaks the regulations could Mr. Fahey have the Special Use Permit rescinded?  Commissioner Gowdy noted that as an ex-farmer he sympathizes but the farmer can’t do anything they want, and at anytime of the day or night.   He felt that for the purposes of this Application the Commission must come to an agreement for the number of animals.  Mr. Fahey reported he would like to have 30 horses.  Mrs. Fahey joined Mr. Fahey at the table and noted she would like have 30 chickens; Chairman Ouellette queried if 35 would be agreeable; Mrs. Fahey concurred.  

Chairman Ouellette opened discussion to the audience:

        Jack Gahr, 90 Depot Street:  the Fahey’s land abuts his land, he has no         problems with the horses or the chickens.

Gail Gahr:  is Tracey’s sister, their Dad always had horses, the majority of the people present abut the Fahey’s property and have no problem with the horses, only one person has a problem.

        Ingrid Broughal, 153 Melrose Rd: wants to buy the property but she can’t until  she sells her property.

        Toni Blanchard, 103 Depot Street:  her children play with the Fahey’s children,         the place is a breath of fresh air, she loves the horses

        Bill Beckwith, 82 Depot Street:  recently moved in from Windsor, liked the area         because of the rural environment, they have cleaned up the property and are constantly making improvements, there is a riding pen out back which is soothing for him to watch.  He liked Commissioner Tyler’s idea of a special dispensation    for the farms.  

        Earl Skinner, 20 Skinner Road:  he borders the Fahey’s property; he hates to    see the property get developed; cited he also has horses.         

        Al Schindler, Field Circle:  lives across the street from Ray and Tracey; one of        the reasons he moved here was for the rural atmosphere.

        Paula Della Bernarda, 6 Sullivan Farms Road:  owned 42 Rice Road and now        has her horses at the Fahey’s, it’s difficult to board your horses after having your    own place, horses are well taken care, there are few places in East Windsor where you can feel safe and         rested, Depot Street feels the burden of Mill Pond and the unfortunate incident at One Stop.

        Tom Restresh, 42 Depot Street:  would rather see 1,000 horses in the back yard  than houses.

        Jennifer Pearl, 43 Skinner Road:  when she purchased her home there were no     houses  behind her and now there are, Tracey and Ray are hard working people, it        would be a shame to take away their livelihood.

Steve Dearborn, 144 East Road:  understands this is an application for a Special Use Permit, since when do we go around to every farm and tell every farm what to do?  He feels the situation is as-of-right and probably grandfathered.  The government and the State regulate the farmer to death.  There’s nothing in the regs that say how many horses he can have.  Because an official says this is how many he can have - it means nothing.  

        Commissioner Gowdy recalled for Mr. Dearborn that the Commission didn’t         require the applicant to come in, they chose to come for a Special Use Permit to        get the issue clarified.   The Commission isn’t squashing them down.

        Ingrid Broughal:  lives across from Mr. Hambach, he has over 80 acres and is a          neighbor to the Grants, because of his age he had to shut his barn down, he is  telling         people to go to Ray and Tracey.  

Commissioner Tyler questioned the Faheys who told them to come in for the Special Use Permit?  Mr. Fahey responded Zoning Enforcement Officer Bednaz and Town Planner Whitten.  Commissioner Tyler queried that the Town required them to come in for the Special Use Permit?  Mr. Fahey indicated he and his wife read the regulations and didn’t know if they fit in so applied for the Special Use Permit.  Commissioner Tyler requested clarification that it was the Town Planner’s opinion that they come in with the Special Use Permit application?  Zoning Enforcement Officer Bednaz indicated that in reading

the regulations the strictest interpretation it doesn’t define a single number for the residential zone, while Section 8.13.3a.2 does cite a number specifically.  By bringing the decision to the Commission it’s the highest manner to decide this issue.  Other options were given to the Faheys and this is how they wanted to do it.

        Attorney Bruce Fader, representing Jack and Sandy Foster:  reported Jack and Sandy are out of State on a prior commitment and could not be present this evening.   He indicated he recognized this is an emotional issue, but felt the Commission must look to the regulations.  He referenced Section 402.4, page 27,  which gives a specific number - no more than 10 poultry, and a small number of  saddle or riding horses - and the key   point is, “ for use of the occupants only”.     He felt the Commission must look to the regulations.  The ecommendations of the Zoning Enforcement Officer, whose job it is to interpret those regulations,     said there was a violation on the Fahey property and it appears the Faheys want to       rectify that.  He felt the reason of Section 402.4, the intent for a Special Use Permit is to look at the relationship.  Attorney Fader showed a map of Depot   Street, citing 86 Depot Street on one side of Jack and Sandy’s property, and the        Fahey property further down.  He submitted a letter (including photos) from Jack        Foster, whose father owned this property; he noted that Jack’s father only      boarded horses for his use only, not to take in horses.  Prior to 2001 the residence on the Fahey’s piece was used for a single family house and the horses were an     accessory use to the single family home, and were for the use of the occupants.         Attorney Fader noted he understood more land was purchased and merged  with that parcel, but the point is that prior to 2001 the home was a single family house and the horses were only for the occupants.  The purpose of the Special Use Permit is to look at the property in relation to other properties; it’s not only trying to limit the number of horses on the property but also to allow that use to   not interfere with adjacent properties. Attorney Fader suggested there are      accessory uses on the Fahey’s property that are having a direct negative affect on      Jack and Sandy’s property.  There is a trailer directly behind Jack and Sandy’s         property which has a direct impact on the sale of their house, which was built 40+/- years ago.  A realtor has said that the trailer and debris on the neighboring properties has a negative affect on the sale of the property.        Commissioner Gowdy felt that if the trailer complies with the number of feet off the property line the regulations specify then there is no violation.  Attorney Fader  suggested the Special Use Permit is to take a look at the uses and their affect on abutting property owners;    he questioned why the trailer couldn’t be moved completely?  Mr. Fahey responded that the reason for the trailer is to store hay and the location is the best to service their operation.  Attorney Fader reiterated he felt the Special Use Permit allows a compromise.  

        Commissioner Gowdy indicated he had been at the property now and previously     and agreed there are some messes in back - a pile of wood and debris and a      storage shed that maybe in violation, but he felt that really wasn’t the issue.  It’s a         Special Use Permit to determine the number of horses.  Attorney Fader   

        questioned how the Commission could approve a Special Use Permit if there were  existing zoning violations?  He reiterated that the Special Use Permit Regulations      demand that the Commission look at the uses and how it affects adjacent         properties.  He clarified that they are not present to oppose the issue; they are not saying Ray and Tracy shouldn’t be submitting the Special Use Permit Application, and are not advocating that it be denied by the Commission.  The         Special Use Permit allows the Commission to strike a balance and to take into   consideration Jack and Sandy’s concerns.  Attorney Fader suggested he didn’t feel       the Commission could ignore some of the existing zoning violations.  Commissioner Gowdy agreed, and reported he had spoken with Ray and Tracey and they wanted to deal with the debris behind the houses but it’s muddy now,    and there may be some dispute as to who owns some of the materials.  Attorney   Fader indicated he is asking that it be a condition of the Special Use Permit, and      time is an issue; Jack and Sandy want to sell the property sooner than later.   He recalled that Ray and Tracey are asking for 30 horses; he didn’t feel jack and       Sandy were opposed to that.   They are just asking for control of those uses.  The      purpose of zoning is to have side by side uses that don’t conflict.  Attorney Fader     summarized that Jack and Sandy are asking for a limit by the Special Use Permit,  and a buffer between the trailer.  Attorney Fader suggested he is asking the Commission to take into account what the Fahey’s are trying to do but to also take         Jack and Sandy’s concerns into account as well.

        Attorney Fader submitted color photos of the property conditions.

Commissioner Tyler requested a list of the violations.  Zoning Enforcement Officer Bednaz suggested the Faheys had been trying to address them.  They have a Zoning Permit to relocate the shed which straddling the Garh and Fahey property line; it will be moved.  The trailers must be for farm uses or registered and some are for sale.   She felt the Faheys have been continuously cleaning up the property and have been cooperative.  

Attorney Fahey requested they discuss the trailer behind Jack and Sandy’s       property.  Mr. Fahey indicated if he moved it to another location to please him his wife must go further to get the hay.  He also needs to get someone to move the      trailer.  How many times must it be moved; it’s a storage trailer for his hay; it’s 55 feet from the property line.  With regard to the real estate agent’s comments that there is a devaluation to Jack and Sandy’s property because of the farm Alaimo said the farm has assisted them in their sales.   It’s one real estate person against  another.  Attorney Fader suggested if you visited the site you could clearly see the    trailer; he would appreciate discussion about the trailer.

The public offered commentary again:

        Chris Gahr, 84 Depot Street:  stated this issue is about a fight between two    uncles.


        Joyce Parker, Tracey’s sister:  suggested Jack has forgotten that their uncle,  Earl Provencher, boarded horses on the farm.

        Ken Beahn, 37 Skinner Road:  pointed out this is a Special Use Permit   Application; everything else is ludicrous.  Does he have a right to have animals on     a farm, and how many?

        Paula Della Bernarda:  felt it was a shame Jack and Sandy were not here to              answer questions.  Attorney Fader reiterated that Jack and Sandy are out of State       presently.

        Jack Gahr, 90 Depot Street:  questioned how a stack of lumber 16’ long stacked  on a pallet could be considered a violation.  It’s his stack.  How can you say it’s a           violation?  Commissioner Gowdy questioned why it wasn’t stored on his land?     Mr. Garh suggested there was more room on the Fahey property and it’s better    over there.

        Ingrid Broughal:  indicated she has known the Fosters and the Faheys all her    life.  When Jack (Sr.) passed away everything went to his wife, and when his wife       passed  away everything went to Tracey.

MOTION: To TAKE A FIVE MINUTE BREAK.

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

        Bill Fortin, 29 Maple Avenue:  indicated everyone is here to discuss a Special  Use Permit because of one complaint.  Could it also happen for a 50 acre farm;  could we dictate how each of the farmers do that?  Are we opening that door?    Chairman Ouellette replied perhaps, noting those concerns have been brought up before and the Commission has debated the issue at length.  Commissioner Gowdy noted that two different sections of the regulations conflict and the Commission must continue working on that.

        Don and Berte Kiley, 16 Field Circle:  recently moved to the community from East Hartford, they like the sights and sounds of the chickens and would like the Faheys to be able to continue their activities.

        Paula Della Bernarda:   felt it had been established that Tracey’s father boarded       horses.  She questioned wouldn’t it be fair to say they can continue their farm until the Town gets it’s regulations in order?

        Steve Dearborn:  felt that there was nothing in the regulations that says how many animals you can have or how big the farm must be.  He questioned if the      Commission goes through with the Special Use Permit and say you can only have this many horses is the Zoning Person going to run to all the farms and say you

have too many horses?  Is it going to start spilling over to all the farms?   Mr.       Dearborn suggested maybe the use should be As-Of-Right.  Commissioner Gowdy again cited the conflict in the regulations.  He noted the Commission has tried to proposed a number, which the Faheys seem to have agreed to, if that could be implemented.   He also felt there was an obligation on the farmer if he is located in a residential area to make the property presentable, and it appears they      are trying to do that.  Mr. Dearborn felt the Faheys were grandfathered and it shouldn’t be a Special Use Permit.  

Commissioner Tyler again expressed concern that a precedent is being set which will overflow to everyone; the Commission must treat those 50 acre farms as this one.  He agreed the regulations need to be straightened out.  He suggested this Application be tabled until the regulations are revised.  He reiterated he didn’t feel the Commission should set a Special Use Permit on 10 acres.  Commissioner Farmer suggested he didn’t see the conflict in the regulations; he cited Section 402.4 limits the use to the occupants.   He didn’t feel the Commission was chasing down farmers.  Commissioner Tyler again suggested tabling the Application.  Zoning Enforcement Officer Bednaz suggested the Faheys could withdraw the Application.  Chairman Ouellette suggested the zoning violations are taking their own course of action through the Zoning Enforcement Officer.  Commissioner Devanney indicated she would rather have closure for the Faheys.   She felt if they would be happy with 30 horses and 35 chickens; that’s probably all the property can accommodate.  She questioned if a time limit could be set on the Special Use Permit?  Commissioner Tyler objected because any Applications granted happens under the regulations in place at that time.  Zoning Enforcement Officer Bednaz suggested setting a condition that this permit could be revisited at the time the regulations were revised.    Mr. Fahey questioned if he would be required to get rid of the horses; Zoning Enforcement Officer Bednaz responded negatively.  Commissioner Tyler indicated he wouldn’t be opposed to that.  Chairman Ouellette noted he isn’t opposed to this resolution but suggested everyone must realize the approval is tied to a plan, and one of the concerns is the trailer.  He questioned if there was anything on the drawing that offended anyone?  It was noted the trailer isn’t shown on the plot plan.  Zoning Enforcement Officer Bednaz noted the trailer location couldn’t be regulated by zoning because it’s a farm use.  Chairman Ouellette requested clarification that it was appropriate that it not be shown on the plot plan?  Zoning Enforcement Officer Bednaz replied affirmatively, noting it could not be regulated in the Planning Office.  She noted she and Town Planner Whitten visited the property.  As the trailer isn’t that wide they suggested an option of putting it so it could be accessed from both sides and it wouldn’t be affecting the neighbor as much.  Moving it to another location might affect another neighbor, and if they expanded they might need to move it to another place.  Mr. Fahey suggested he needs to be mobile with the location.  

Discussion continued for some time.

MOTION: To CLOSE the Public Hearing on the Application of Ray Fahey for a                       Special Use Permit to allow greater than a small number of saddle or riding horses and greater than a small flock of poultry at 96 Depot Street, owned by Ray and Tracey Fahey.  [R-2 Zone; Map 23, Block 54, Lot 7]:

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

MOTION TO APPROVE Application of owners Ray and Tracey Fahey for a Special use Permit in accordance with Section 813 of the Zoning Regulations to allow greater than a small number of saddle or riding horses and greater than a small flock of poultry at 96 Depot Street, R-2 Zone  [Map 23, Block 54, Lot 7].  This approval is granted subject to conformance with the referenced plans as approved by the Commission and the following conditions:

REFERENCED PLANS
Proposed Additions to existing house for Marion Foster, Broad Brook CT prepared by  William R. Palmberg & Son, LLC Land surveyors, 112 Main Street Broad Brook CT 06016 623-8662 scale 1” = 40’ dated 5/31/00
CONDITIONS OF APPROVAL:
General Conditions:_____________________________________________________

-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 and one set of mylars, 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.  All public health, safety and building code compliance components of the project must be satisfactorily completed prior to occupancy. When all public health, safety and building code compliance components have been completed, the Zoning Official may issue a Certificate of Zoning Compliance.


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 900.3h 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

Additional Conditions:

14. The property of Ray and Tracey Fahey can have a maximum of 30 horses and            35 chickens.



15.     The Special use Permit can be revisited after the Zoning Regulations    regarding farms have been clarified.

Gowdy moved/Tyler seconded/VOTE:In Favor:       Devanney/Gowdy/Ouellette/Tyler
                                  Opposed:      No one
                                  Abstained:    Farmer

NEW HEARING:  Mark Hajowyj – Special Use Pemit for a change of use to retail
sales of nutritional supplements for property at 123 South Main Street, owned by John Burnham.  [TZ5 Zone; Map 28, Block 20, Lot 60].  (Deadline to close hearing 4/15/08)

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was John Burnham, property owner, and Mark Hajowyj, prospective tenant.

Chairman Ouellette noted the plans indicate there are enough parking spaces for the proposed activity.  On request of Commissioner Gowdy Mr. Hajowyj noted he would occupy parking spaces #5, #7, #12 in front of the store and one in the back.  

Chairman Ouellette noted Town Engineer Norton had no comments with regard to the proposed activity.  

Discussion turned to allowable signage.   Mr. Hajowyj indicated there is a free-standing sign near the road; he would also like to put a 2’ x 7’ sign on the building.  Chairman Ouellette indicated the free-standing sign is located within the State right-of-way; he noted he has a problem with an intensification of that sign without a lease agreement with the owner/State.  If the Applicant is seeking additional signs he needs to seek permission of the property owner.  Commissioner Gowdy suggested adding that requirement as a condition of approval.

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

MOTION: To CLOSE the Public Hearing on the Application of Mark Hajowyj                  for a Special Use Pemit for a change of use to retail sales of nutritional              supplements for property at 123 South Main Street, owned by John                        Burnham.  [TZ5 Zone; Map 28, Block 20, Lot 60].  

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

MOTION TO APPROVE the application of Mark Hajowyj for a Special Use Permit for a change of use to retail sales of nutritional supplements for property at 123 South Main Street, owned by John Burnham [TZ5 zone – Map 28, Block 20, Lot 60].  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:


   Referenced Plans:

General Location Survey prepared for Supplement City 123 South Main Street, East Windsor CT Map 28 Blk 20 Lot 60, TZ-5 Zone prepared by J.R. Russo and Assoc. 1 Shoham Rd, East Windsor, CT 06088 860/623-0569 Fax: 860/623-2485 dated 2/28/08 scale 1” = 20’.

-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 900.2e 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.

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.     Sign to be handled administratively.

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

NEW BUSINESS:  Calafiore Enterprises, LLC – Site Plan Approval to allow a Used Car Dealership at 276 Main Street, East Windsor.  [Map 11, Block 15, Lot 8]  (Deadline for decision 3/28/08):

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

Mr. Ussery noted the proposal is a Site Plan Application for a used car dealership at 276 Main Street.  The Applicant has received the following Zoning Board of Appeals variances for the parcel:  1) Section 303.2c Non-conforming uses and Structures for expansion of a nonconforming structure - Mr. Ussery noted the triangular space on the Site Plan is the useable area; Mr. Calafiore wants to add a second story to the building for office and storage space. 2)  Section 501 - Bulk and Area Requirements (front setback) to allow a front yard setback of 23’ where 50’ is required; and 3) Section 601.3h1 Off-Street Parking to allow a pavement setback of  5’ to a front property line where 25’ is required and parking within 4’ of a building where 10’ is required.  Mr. Ussery noted the property was almost all paved under its previous use.

Mr. Ussery noted the property contains 4 curb cuts; they are proposing to close the 2 cuts closest to the intersection and use the 2 cuts closer to the building.  Under a B-2 Zone 65% impervious coverage is allowed; Mr. Ussery noted the parcel presently contains 68.2% impervious coverage which will be reduced to 62%.  


Mr. Ussery indicated that available parking is based on gross floor area of 2,150 square feet; 10 parking spaces will be required for employees and patrons.  Mr. Ussery referenced the various parking spaces on the plan, noting several, including 1 handicapped space, will be across the front of the building and 4 employee parking spaces in the back.  The shaded area on the plan indicates 24 display spaces of 8’ x 15’.

Presently everything drains to the State highway.  Mr. Ussery indicated they will be adding a catch basin at the northeast corner of the building, which will be tied into the basin on the “unnamed road” to the rear of the parcel.  Another basin will be installed on the south side of the building on Route 5.  As they are reducing the amount of impervious coverage there will be no increase in drainage flow.  Mr. Ussery noted Town Engineer Norton’s comments have been addressed.

Commissioner Tyler questioned if the Applicant would be maintaining pavement over the former contaminated area?  Mr. Calafiore suggested Kleinfelder has completed the final phase of clean up; whatever is left will be treated and monitored.  

Mr. Ussery noted they are proposing a limited landscaping plan; he ran through the various species for the Commission.  They will be adding deciduous trees within the islands and will be adding shrubbery and perennial flowers and ornamental grass to the lawn areas.  Mr. Calafiore wants to use the existing light poles; there is an existing sign near the base of one of the poles.   Mr. Ussery indicated they are showing a planting detail around the sign but will be using the same signs.  Discussion followed regarding the height of the existing light poles; Zoning Enforcement Officer Bednaz referenced regulation requirements noting the Commission’s preference has been 15’.   Mr. Calafiore felt they might be lower than 15’; perhaps they are 12’.  He needs the lights as shown for security of the vehicles.  Chairman Ouellette queried that the Applicant was not asking for an intensification of the lighting?   Mr. Calafiore responded negatively, but noted there will also be 4 wall-mounted building lights (which will be photo-sensor controlled) as shown on the plan.  

Mr. Ussery showed the Commission a sketch of the proposed 2 story building, which will contain an entrance on the side; the second story will be for office and storage space for the business, while the first floor will contain 2 bays for repair of cars for sale.  Mr. Ussery felt there would be no detailing done on site.  

Commissioner Devanney questioned how close the parking space nearest Route 5 was to the highway?  Mr. Ussery reported 32+/- feet.  Chairman Ouellette questioned if the proposed parking spaces interfere with the sight line looking left entering Route 5?  Mr. Ussery reported the highway line is 10’ looking back to the north; there should be no obstructions.  Commissioner Devanney questioned if the Fire Marshal had commented on the plans; she had originally expressed verbal concern for emergency access.  Zoning Enforcement Officer Bednaz reported they had not received any response from the Fire Marshal.  Commissioner Tyler noted this location has access on 3 sides; there should be no problem with emergency access.

Commissioner Devanney also noted concern for snow flying off the roof hitting someone with the parking near the building.  Mr. Ussery noted the spaces are 4’ from the building.

MOTION TO APPROVE the application of Calafiore Enterprises, LLC requesting a site plan approval for a used car dealer to be located at 276 Main street, in the (B-2) Zone Assessors Map 11, Blk 15 Lot 8/A-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:  Calafiore Enterprises, LLC, 276 Main Street, East Windsor, CT property of Calafiore Enterprises LLC, 11 Imperial Dr. Glastonbury CT 06033, prepared by JR Russo and Assoc. 1 Shoham Road, East Windsor, CT 06088 860/623-0569, Fax 860/623-2485, scale 1” = 20’, dated 1/18/08
        -    2/5 - Boundary Survey
        -    3/5 -  Site Plan
        -    4/5 - Landscape Plan
        -    5/5 – 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 plans and one set of mylars, 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.

General Conditions:

4.      In accordance with Section 900.3 h 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.

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

6.      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.

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

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

9.      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

10.     Cars may not at anytime be parked in landscaped areas, and must conform to the approved site plan

11.     All required landscaping shall be adequately maintained.

BUSINESS MEETING/(1)  Election of Officers:

MOTION: To NOMINATE Joe Ouellette as Chairman of the Planning and Zoning Commission.

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

MOTION: To NOMINATE Frank Gowdy as Vice Chairman of the Planning and Zoning Commission.

Ouellette moved/Devanney seconded/VOTE:         In Favor:  Unanimous

MOTION: To NOMINATE Lorraine Devanney as Secretary for the Planning and Zoning Commission.

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

BUSINESS MEETING/(2)  Discussion - Sewer Service Area:

1.      Appearing for this discussion was Attorney Bruce Fader, and Warner Kunzli,      owner of the subdivision, and his son, Sean Kunzli.  

Attorney Fader noted there is a property off East Road; the Kement subdivision  (SLK Sudivision) is nearby, which is important because the Kement’s have an     authorization for installation of a public sewer.  Commissioner Tyler questioned if     
that’s the subdivision under lawsuit?  Attorney Fader replied affirmatively.    Commissioner Tyler also serves on the Water Pollution Control Commission; he    excused himself from this discussion.  

LET THE RECORD SHOW Commissioner Tyler left the Meeting at 9:55 p.m.

Attorney Fader reported they would like the Commission to consider making a     recommendation to the Water Pollution Control Authority (WPCA) to include       Mr. Kunzli’s property as part of the Sewer Service Area.  Attorney Fader gave a         history of the property, noting the 13 lot Phase I of Melrose Hemlock Court was         approved by the Commission in 1999+/-; at that time the property was owned by   Cal Myers.  The Commission asked Mr. Kunzli to present a conceptual drawing     of Phase II and the road system connected.  Phase II, which includes 9 lots, was        subsequently approved and is under construction.  Attorney Fader indicated that     when Mr. Kunzli developed Phase I and Phase II and the roadway it was done      with the expectation that Phase III, containing 31 lots, would be completed.   An       Application for Phase III has not yet been submitted.  The Commission requested         Mr. Kunzli to undertake something that also affected Phase III, the road for    Hemlock Drive and Aspen Drive with a cul-de-sac which would connect to Phase    III.  During the approval of Phase I and Phase II the Open Space dedication was         based on all 3 phases.   Mr. Kunzli noted he gave 31 acres of land along the brook      when approval was considered for Brookwood Court; the purpose was to protect     the brook for the fishermen and the hope was that the Open Space could be taken         all the way up the brook.   Mr. Kunzli also noted the 31 acres was more than he         was required to give as Open Space.     

Attorney Fader indicated that some contaminated water was found during  development; Mr. Kunzli ran public water 3,000 feet up Depot Street to take of  that issue.  The installation of the public water was done at significant cost by Mr.   Kunzli but was based on the per lot sale, which included development of Phase   III.  

Commissioner Gowdy questioned the ownership of the developments?  Attorney      Fader reported the Mr. Myers and Mr. Kunzli had an LLC for Phase I and Phase    II, but Mr. Kunzli has an option to purchase Phase III from Mr. Myers.  

Attorney Fader suggested he is building a case that all 3 phases are inter-     connected by the infrastructure and public water.  He noted Phase I and Phase II        lots are on septic systems.  When Phase II was by itself Mr. Myers had an       agreement with an excavator to excavate the property.  The intent was for the   excavator to go 1’ below Mr. Myers property but there is documentation that cuts        were made 25’ to 40’ over what they were supposed to do.  Attorney Fader        indicated they now have a letter that the soils in Phase III have been disturbed,        which precludes the installation of septic systems.  They have spoken with Bill         Hogan of DEP.  The State is promoting the idea that any public sewers extended  
        
in East Windsor must be within the Sewer Service Area Plan for the Town.        Attorney Fader felt there is a backlash that Mr. Hogan is restricting development       in East Windsor.  There is a conflict of public policies - DEP’s adoption of the        POC&D, which must be adhered to or State funding is jeopardized, is in conflict         with cluster housing development.  He felt there are many Town Planners going   to the DEP in respect to this issue.  

Attorney Fader indicated this situation is beyond Mr. Kunzli’s control, including       the excavating at the time of the approval of Phase I and II.  This Commission  gave permission for the development to be tied into the sewer and subsequently it       changed to approval via the WPCA; Mr. Kunzli can’t meet that approval because   the property isn’t within the Sewer Service Area Map.  

Commissioner Gowdy questioned that the WPCA won’t put in sewer lines over       disturbed soil?  Attorney Fader replied he hadn’t heard that.  He submitted a copy      of the approval for excavation for Phase III.  Mr. Kunzli indicated he advised  people of the issue but nothing was done; now he’s stuck.   He understood he was        to come to this Commission for the plan before going to the WPCA and then the   situation reversed itself and he needed to go to the WPCA first.  Mr. Kunzli    reported he missed the submission by a month; there was no Public Hearing at the        WPCA; Kement got his approval and 30 days go by and he got left out in the   cold.  

Chairman Ouellette requested clarification that Mr. Kunzli was looking for the  Commission to make a recommendation to the WPCA to include Phase III in the     future Sewer Service Area Map?  Attorney Fader and Mr. Kunzli concurred.        Chairman Ouellette noted receipt of a memo from Kevin Leslie of the WPCA        asking to meet again with this Commission.  He noted the Commission had         previously been asked if there were other areas they wanted included and were   not aware of this area (Phase III) at the time.  He further noted there is another      applicant waiting in the hall to ask for a similar situation; Attorney Fader         suggested he will leave his material for Town Planner Whitten.  

Mr. Kunzli advised the Commission the gravel bank that was left after excavation        looks horrible; he would like to go in, take the trees off the top of the bank, and     bring that bank down and make it look like a park.  Attorney Fader noted Mr.    Kunzli had talked to Rudy Luginbuhl regarding land for Open Space, and Mr.      Kunzli might dedicate more land along the brook as well.  

2.      Chairman Ouellette referenced a letter from Jay Ussery of J. R. Russo &         Associates, regarding Norton Farm for discussion of inclusion in the Sewer      Service Area.  Discussion did not occur as Mr. Ussery was not available.

BUSINESS MEETING/(3)  Fee Schedule (tabled).


BUSINESS MEETING/(4)  Correspondence:

Chairman Ouellette noted the Connecticut Federation of Planning and Zoning Agencies is holding its 60th Annual Conference on Thursday, March 27, 2008 at the Aqua Turf Country Club in Southington.  Commissioners wishing to attend should advise the Planning Office.

BUSINESS MEETING/(5)  Staff Reports:     None.

Commissioner Farmer indicated he is formerly requesting advisement of whatever happens regarding the Sewer Service Area meeting.   Chairman Ouellette noted he wants to discuss this issue at a workshop meeting before meeting with WPCA.  Discussion followed regarding the impact on the Sewer Service Area Map proposal on the town and various land owners.  Zoning Enforcement Officer Bednaz noted the DEP does have a policy to go through to petition the State for amendments but it’s long and laborious.  She reported that Town Planner Whitten has gone to the DEP to discuss the map’s impact on East Windsor.  Commissioner Farmer indicated he had requested various maps - what was proposed as Service Avoidance Area and what is proposed to be the Sewer Avoidance Area, and what was taken out of the Sewer Service Area and what was put in the Sewer Service Area - and what the zone is for the properties that were changed.  Zoning Enforcement Officer Bednaz noted the request to overlay various maps to collect that information.  Chairman Ouellette suggested Commissioner Farmer must be realistic as to what can be accomplished based on available manpower in the Planning Office; Commissioner Farmer felt he could make that comparison in an hour.  

MOTION: To EXTEND THIS MEETING until 10:45 p.m.

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

APPROVAL OF MINUTES/February 26, 2008:

MOTION: To ACCEPT the Minutes Public Hearing #1523 dated February 26,                   2008 as written.

Gowdy moved/Farmer seconded/
                VOTE:   In Favor:       Gowdy/Ouellette/Farmer
                                Opposed:        No one
                                Abstained:      Devanney

SIGNING OF MYLARS/PLANS, MOTIONS:

        *       Site Plan for Armster
        *       Zone Change for NRT Realty
        *       MLS Ventures, Site Plan Modification for Express Holiday Inn


ADJOURNMENT:

MOTION: To ADJOURN the Meeting at 10:38 p.m.

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


Respectfully submitted,

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