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March 25, 2008 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1525
March 25, 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 7:00 P. M. by Chairman Ouellette.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Devanney, Farmer, Gowdy, and Ouellette) and three Alternate Members (Matthews, Thurz, and Tyler) were present.  Regular Member Guiliano was absent.  In accordance with the rotation schedule Chairman 0ullette noted Alternate Member Matthews would sit in on all Items of Business this evening, unless otherwise noted.   Also present was Town Planner Whitten.

ADDED AGENDA ITEMS:

Town Planner Whitten requested to add a Discussion Item for Revay’s Gardens under the BUSINESS MEETING.

RECEIPT OF APPLICATIONS:

Chairman Ouellette acknowledged receipt of the following Applications:

1.      Application of Keith Boccaccio for a Special Use Permit to allow a gymnastics school at 84 South Main Street, owned by VMC Realty, Vito Cortese  [TZ5 zone;  Map 28, Block 5, Lot 4]

2.      Application of M & L Mason’s Brook, LLC for a Modification to Special Use Permit for The Settlement at Mason’s Brook to modify the required unit mix provision (Sec. 802.10) to allow up to 15 three-bedroom units.  [MFDD zone;  Map 28, Block 5, Lots 46, 47 & 48]

3.      Application of Southern Auto Sales, Inc. for Site Plan Approval for construction of a 4,400 sq. ft. car wash building at 161 South Main Street.  [B-2 & A-1 zones;  Map 34, Block 21, Lot 66]

4.      Application of Southern Auto Sales, Inc. for Modification of Approved Site Plan to allow construction of a 792 ± sq. ft. addition at 187 South Main Street, owned by LCC Partnership.  [B-2 & A-1 zones;  Map 34, Block 22, Lots 4, 52 & 53]

5.      Application of Southern Auto Sales, Inc. for Text Amendments – to allow Inventory Storage Areas in B-2, M-1, TZ5 & A-1 zoning districts.  Amend:  Sec. 203 Definitions; Sec. 402 Permitted Uses In Residential & Agricultural Districts; Sec. 402 Notes To Permitted Uses In Residential Districts; and Sec. 502 Permitted Uses In Business & Industrial Districts.  New Sec. 815 Inventory Holding Areas.  

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, March 13, 2008, and Thursday, March 20, 2008, was read by Chairman Ouellette:

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, March 13, 2008, and Thursday, March 20, 2008, was read by Chairman Ouellette:

1.      Application of Herb Holden Trucking, Inc. for a Special Use Permit (under            Sec. 302) for a modification to Sec. 814.3n to allow the entrance/exit of a      gravel removal operation at 4,050’ +/- from another operation where 5,280’ is  required.  Property located on the east wide of Wapping Road, owned by Northern Capital Region Disposal Facility.  [A-1 & M-1 Zones; Map 41, Blocks 65 & 49, Lots 30 & 31].

2.      Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit/Excavation for the Charbonneau gravel removal operation, new Phases 11, 12, and 13, located on the south side of Apothecaries Hall Road.  [M-1, R-3, and A-1 Zones; Map 36, Block 65, Lots 1 & 7].

3.      Application of Emil Demikat, et al for a 3-lot Resubdivision located at 93 Rockville Road.  [A-1 Zone; Map 43, Block 64, Lot 10].

NEW HEARING:  Herb Holden Trucking, Inc. – Special Use Permit (under Sec. 302) for a modification to Sec. 814.3n to allow the entrance/exit of a gravel removal operation at 4,050’+/- from another operation where 5,280’ is required.   Property located on the east side of Wapping Road, owned by Northern Capital Region Disposal Facility.  [A-1 & M-1 Zones; Map 41, Blocks 65 & 49, Lots 30 & 31]  (Deadline to close hearing 4/29/08):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Attorney Allen Koerner, representing the Applicant; Jay Ussery, of J. R. Russo & Associates; and the Applicant, Herb Holden, who was present in the audience.

Attorney Koerner submitted the Affidavit regarding the posting of the Public Hearing signage.
Attorney Koerner noted the Applicant’s previous appearance regarding an Application which was denied, in part because of access issues.   They are now seeking a waiver of the entrance distance as cited in letter dated March 19, 2008 from Mr. Ussery.  The existing access at the Northern Capital Region Disposal Facility has been in use for many years as a truck access.   It is well constructed, has good sightlines, and has been there for close to 50 years.  

Mr. Ussery suggested the area under discussion is the existing access road - off Wapping Road - which is the former entrance to the NORCAP Landfill, which is now closed and is the current site of the power generation plant.  The access also contains a scale house and scales, which Mr. Holden would like to use, should a permit be granted, to allow sale of gravel by weight rather than yardage.  The location for gravel removal to the rear was the subject of an Application before the Commission a year ago for a parcel on the east side of the railroad.  Current regulations require a distance of 5,280’ from another gravel operation access.  Mr. Ussery referenced a map containing a circle which depicts the radius reflecting the 5,280’ distance.  The access drive for the Charbonneau gravel operation is 4,000+/- feet from the NORCAP access.  Mr. Ussery indicated they have been working with the railroad and the Mitchell family regarding an alternate access, which would come out on Wapping Road next to the railroad at the intersection of Wapping, Morris, and Plantation Roads, which is near the Wapping Bog.   The alternate access was originally used for the Mitchell gravel operation some years ago; that property is now a storage facility which was approved by this Commission 5 to 6 years ago.  The road would be widened going over the Mitchell property.  Most of the trucks would go back to Broad Brook and would go past the existing NORCAP entrance.  Mr. Ussery suggested it makes more sense to use the NORCAP entrance rather than another access 4,000+/- feet away when it’s really not necessary.   Mr. Ussery referenced a change in the Zoning Regulations adopted in October, 2007 under Section 3.02 which allows the granting of a waiver based on certain criteria which they believe they meet.  He indicated they spoke with Staff, who suggested they apply for the waiver under Section 302; Mr. Ussery referenced his letter of March 19, 2008 citing reasons for granting the waiver.  

Discussion followed regarding the history of the 1 mile radius; none of the present Commissioners could recall the reasoning for the specific distance.  Commissioner Gowdy felt it was better to put the various gravel operations closer together, especially with regard to the traffic issues.   Mr. Ussery suggested gravel operations tend to be in the same locations - the east side of East Windsor, Ellington, and Somers all contain red sandy gravel.  He suggested the regulation is restrictive; if the Commission isn’t certain of the circumstances for it’s origination it hurts an applicant.   Commissioner Tyler felt the existing access has been there for 50 years; people were aware of the location when they moved into the area.  

Commissioner Farmer questioned that the granting of the waiver would be only for the distance?  Town Planner Whitten indicated there is nothing in this Application that says they will get approval for a gravel operation; they would need to return to this Commission with a Special Use Permit Application for the gravel operation itself.  She noted she has included an expiration date for this approval, should it be granted by the Commission.  

Chairman Ouellette questioned if the Commission denied the waiver request, and the negotiations with the Mitchells and the railroad couldn’t go forward, would this property be landlocked?   Mr. Ussery replied affirmatively.  

Commissioner Matthews indicated he walked along the railroad access during the previous Application.  He felt that would be a poor choice for egress for the back land as the bog is nearby and he felt there were wetlands in the area which were visually obvious although they were not marked on the map.  He noted he voted in favor of the previous Application, although other Commissioners felt differently.  Commissioner Matthews felt the one mile distance comes down to the number of trucks.  He cited the Commission’s current allowance of 60 trucks/day (120 trips), and acknowledged that number is raised by the number of trucks using the Charbonneau operation.  While traffic concerns might be an issue in the future Commissioner Matthews indicated he had no objection with this Application.  He felt the Commission had not heard many complaints from residents in that area.

Chairman Ouellette opened discussion to the public.

        Karen Boutin:  cited Commission Minutes from 1996 which indicated the 1 mile    distance was set to stop truck traffic on that road.  Ms. Boutin suggested there is a   lot of traffic on that road; she invited Commission members to sit on her       daughter’s property at the corner of Windsorville and Apothecaries Hall Roads to view the traffic for themselves.  Many kids live on the street because of the new houses.  They have asked for radar but have not seen same.  She cited 2 trucks that got stuck trying to turn in that area, and cited another truck lost part of a load of gravel because the tailgate hadn’t been properly secured.  Ms. Boutin indicated they own a business but don’t go in and out a lot; they try to maintain their guys.  

        Nancy Masters, President of the Garden Club and a resident of Rye Street:       cited the Garden Club maintains the plantings on the Windsorville Green, members planting at 5 o’clock at night couldn’t communicate because of the truck       traffic.  She suggested she couldn’t imagine what it must be like for people living     there.  Mrs. Masters also noted the Black Spruce (Wapping) Bog contains 2 endangered species which are very rare and would be killed by use of that access.

Commissioner Farmer suggested maybe the truck traffic would go through a less populated area if they traveled along Plantation Road.  Mr. Ussery noted they would travel Plantation Road, Rye Street, Sullivan Avenue, and Route 5 to get to the State highway.   Most of the materials go East Road to Depot Street to Route 140 in Ellington, or through the center of Broad Brook to get to Route 140.  Chairman Ouellette felt the Commission’s purview ends at the end of the driveway; it can’t police the direction of traffic.  Attorney Koerner cited a Connecticut Supreme Court case involving Balf Construction and its use of a town street (Stone Street).   The City of Hartford forbade them to use Stone Street; the Supreme Court said the City couldn’t dictate the direction of traffic.  Mr. Holden, speaking from the audience, indicated a lot of material goes Graham Road to the malls in Manchester.  Commissioner Thurz questioned if any material goes back to Mr. Holden’s office?  Mr. Holden indicated there is no need to return to the office until the end of the day.  Chairman Ouellette felt the Commission couldn’t forecast what/who the customers will be, or what direction they will need to travel.   Commissioner Farmer suggested he was looking for a compromise from the Applicant.  Chairman Ouellette felt the Applicant had heard Commissioner Farmer’s concerns and could take them into consideration if they bring in an Application for another time.  

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

MOTION: To CLOSE the Public Hearing on the Application of Herb Holden   Trucking, Inc. for a Special Use Permit (under Sec. 302) for a modification to Sec. 814.3n to allow the entrance/exit of a gravel       removal operation at 4,050’+/- from another operation where 5,280’ is required.   Property located on the east side of Wapping Road, owned                      by Northern Capital Region Disposal Facility.  [A-1 & M-1 Zones;        Map 41, Blocks 65 & 49, Lots 30 & 31] .

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

Commissioner Gowdy summarized the Application is for the access way only.  Chairman Ouellette cited the letter from Mr. Ussery which way easy to understand and reduced the reasoning to the simplest components to use the existing access way.

MOTION TO APPROVE the Application of Herb Holden Trucking, Inc.  for a Special Use Permit per Sec. 302, for a modification to Sec 814.3n to allow the entrance/exit of a gravel removal operation should such an application be granted in the future for this location at 4,050’+/- from another operation where 5,280’ is required.  Property located on the east side of Wapping Road, owned by Northern Capital Region Disposal Facility (NORCAP).[A-1 & M-1 zones; Map 41, Blocks 65 & 49, Lots 30 & 31] .

Referenced Plans:

Area Map – Applicant  Herb Holden Trucking, Inc. Wapping Road, East Windsor CT Map 41, Blk 49.    Lot 17C Zone M-1 & A2, owner Northern Capital Region Disposal Facility, inc, 321 Olcott St, Manchester CT, prepared by prepared by J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 860/623-0569, fax 860/623-2485, dated 2/11/08
    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.      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.

Conditions that must be met prior to issuance of permits:

3.      A performance bond, with surety acceptable to the Town Attorney shall be provided by the applicant prior to the signing of the mylars.

4.      One set of final plans, with any required revisions incorporated on the sheets shall be submitted for signature of the commission.  The signed plans shall be filed in the Planning & Zoning Office by the applicant prior to issuance of any permits.

General Conditions:

5.      A site plan or special use permit must be sought prior to the use of this access for any non approved activity, at which time additional conditions will be required regarding the development and maintenance of the access way, such as
a.      The driveway to the pit shall be maintained in a hard surfaced, paved condition from Wapping Road inward for a minimum distance of two hundred feet.  The driveway shall be cleaned regularly to minimize the dust nuisance created by exiting traffic
b.      An oversized 300 foot gravel anti-tracking pad leading to the driveway shall be installed and maintained to further minimize dust nuisance
c.      The total number of loaded, or partially loaded, outgoing trucks from the pit 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

6.      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.

7.      This approval shall expire one year plus 30 days (to allow for signing and filing of mylars) from the date of approval.

DISCUSSION:  Chairman Ouellette queried Town Planner Whitten as to how condition #7, which is time specific, came about?  Town Planner Whitten indicated she felt the condition was reasonable that the approval not be continued in perpetuity if an application was not forthcoming.

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

NEW HEARING:  Apothecaries Hall Enterprises, LLC – Special Use Permit/Excavation for the Charbonneau gravel removal operation, new Phases 11, 12, and 13, located on the south side of Apothecaries Hall Road.  [M-1, R-3, & A-1 Zones; Block 65, Lots 1 & 7]  (Deadline to close hearing 4/29/08):  

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing the Applicant; also present in the audience was Kevin Charbonneau.

Mr. Ussery submitted the Affidavit for posting of the signage for the Public Hearing.

Mr. Ussery noted this Application is for 3 new phases of excavation, Phases 11, 12, and 13, all located on the east side of the railroad tracks.  The west side of the proposed excavation borders the railroad.  The entrance to this pit is off Windsorville Road.

Mr. Ussery noted that a requirement of the previous approval was the reclamation of 13+/- acres, which is the area depicted in green on the plan.  Six acres adjacent to the railroad was regraded and reseeded first, although it didn’t take well but will be redone.  The additional acreage has also been completed; as-built plans were submitted to Staff along the way.  

The new phases are located in the area of the former Manchester Sand and Gravel operation.  They kept away from this area because of the high tension wires but at this point in the Charbonneau operation most of the gravel has been excavated and only sandy, silty material is left.  The new phases do contain gravel, and are adjacent to the CL&P high tension wires.   They are under discussion with CL&P regarding excavation in this right-of-way area, but have not yet received a response.  Town Planner Whitten noted acquisition of easements from CL&P would be a requirement of approval.  In response to Staff’s request for anticipated yields for the various phases Mr. Ussery suggested a total yield of 130,000 cubic yards is expected as follows:  Phase 11: 65,000+/- cu. yds; Phase 12:  800+/-  cu yds; Phase 13: 61,000+/- cu. yds.   While the proposal will not generate a lot of material it is good material, and is located in the middle of the property, not visible from Apothecaries Hall Road; most people will probably not even hear the work being done.  Mr. Ussery cited Town Engineer Norton’s concern for tracking mud out of the site.  He noted the access driveway is paved for 600’ to 700’ and an additional 100’ of stone anti-tracking pad was installed after that distance. He noted it’s difficult in the Spring not to track material out onto the street.  
Chairman Ouellette questioned the distance from the water table?  Mr. Ussery referenced the plans, noting various elevations throughout the parcel.  He suggested they are some distance vertically above the water table; he didn’t feel they have any issues regarding the separation distance.  He recalled the area of concern was the floor of the pit but they had a separation distance of 8’ to 10’ even then. Discussion continued regarding the age of the information, and the possibility of having new borings done.  Chairman Ouellette questioned if the water table were lower could the Commission anticipate deeper cuts?   Mr. Ussery suggested that might be a possibility if the material was good gravel.  

Commissioner Gowdy cited the massive area with work no longer being done; would it be reclaimed?  Mr. Ussery indicated the gravel has been exhausted; only sandy silty material is left for which there is little market.  He noted the area is bonded; if the Charbonneaus didn’t continue this operation it would have to be reclaimed/regraded/reseeded.  

Chairman Ouellette noted Condition 20 indicates the number of trucks per day can not exceed 60 but noted it doesn’t specify if that referred to the entire operation or each phase; he questioned if the permit were granted there would be no more trucks on the road?  Mr. Ussery replied affirmatively; Mr. Charbonneau suggested it’s difficult to get to 60 trucks presently.  Chairman Ouellette questioned if they could anticipate the direction of travel?  Mr. Charbonneau suggested it’s difficult to say as it depends on where the material is going.  

Chairman Ouellette noted the proposed motion of approval includes grinding of stumps.  Mr. Ussery suggested the stump grinding was approved previously; Town Planner Whitten noted it’s for the existing permit.  

Discussion continued regarding vertical and horizontal controls for maintaining proposed grades.  Staff and Commission members all requested to visit the site prior to initiation of this proposal.  Discussion continued regarding a meeting of several Commission members, which would include public access, vs. individual site inspections.  

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

Discussion followed regarding the time required to update water table information and schedule borings, and pursue closure with CL&P.

MOTION: To CONTINUE the Application for Apothecaries Hall Enterprises,                  LLC for a Special Use Permit/Excavation for the Charbonneau gravel removal operation, new Phases 11, 12, and 13, located on the south side of Apothecaries Hall Road.  [M-1, R-3, & A-1 Zones; Block 65, Lots 1 & 7] until the Commission’s regularly scheduled Meeting on                      April 8, 2008, at 7:00 p.m., Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

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

NEW HEARING:  Emil Demikat, et al – 3-lot Resubdivision located at 93 Rockville Road.  [A-1 Zone; Map 43, Block 64, Lot 10].  (Deadline to close hearing 4/29/08):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was Todd Clark of Aschleman Engineering, and the Applicant, Emil Demikat.  

Town Planner Whitten requested Mr. Clark to sign an Affidavit regarding posting of signage advertising the Public Hearing.   She queried Mr. Demikat if notices were sent to abutting landowners; Mr. Demikat suggested he wasn’t aware notification was necessary.  Town Planner Whitten felt notification of abutting property owners was a requirement of resubdivision applications; she recommended continuing the Public Hearing until notifications can be made.

MOTION: To CONTINUE the Application of Emil Demikat, et al for a 3-lot Resubdivision located at 93 Rockville Road.  [A-1 Zone; Map 43, Block 64, Lot 10]. until the Commission’s regularly scheduled Meeting on April 8, 2008, at 7:00 p.m., Town Hall Meeting Room, 11                 Rye Street, Broad Brook, CT.
 
Gowdy moved/Devanney seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/Gowdy/Matthews/Ouellette

OLD BUSINESS:  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]:

Chairman Ouellette read the description of this Item of Business.   Town Planner Whitten noted at the previous meeting the Commission closed the Public Hearing on this Application but didn’t make an approval motion.  The approval motion should be made tonight.

Chairman Ouellette requested Commissioner Tyler to sit in on this Application as he did at the previous meeting rather than Commissioner Matthews.

MOTION TO APPROVE the Petition for Zone Change by Calafiore Enterprises, LLC for a Zone change from B-1 to B-2 for property located at 276 Main Street,  [Map 11, Block 15, Lot 8] . This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:

        Referenced Plans:

-       Zone Change Map B-1 to B-2 Zone – Prepared for Calafiore Enterprises, LLC, 276 Main Street ,East Windsor CT, Map 11, Blk 15 Lot 8,  prepared by J.R. Russo & Assoc. 1 Shoham Rd., East Windsor, CT 06088, 860/623-0569, 860/623-2485, scale 1” = 200”, dated 1/17/08

Conditions

1.      This approval does not constitute approval of a site development plan or permit for any construction or use of the subject parcel.
2.      One mylar and one paper copy of the approved zone change map must be delivered to the Planning and Zoning Department to be signed by the Chairman and one member of the Planning and Zoning Commission. The mylar shall be returned to the applicant for recording on the Town of East Windsor Land Records, while the paper copy shall be placed in the permanent file in the Planning Office.
3.      A copy of this motion shall be recorded on the Town of East Windsor Land Records.

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

OLD 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]:

To avoid confusion the Commission reapproved the Site Plan Application.

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.

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

MOTION: To TAKE A FIVE MINUTE BREAK.
Gowdy moved/Matthews seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/Gowdy/Matthews/Ouellette/)

The Commission RECESSED at 8:25 p.m. and RECONVENED at 8:35 p.m.

NEW HEARING:  Emil Demikat, et al – 3-lot Resubdivision located at 93 Rockville Road.  [A-1 Zone; Map 43, Block 64, Lot 10].  (Deadline to close hearing 4/29/08):

Town Planner Whitten noted she reviewed the regulations during break; notification of abutters isn’t required for a resubdivision Application.  She suggested the Commission rescind the previous motion regarding this Application and begin again.

Chairman Ouellette noted Commissioner Matthews will return to service on the Board for this Application.

MOTION: To RESCIND due to an administrative error the previous motion to                        table the Application of Emil Demikat and hear the Application the same evening at 8:36 p.m.

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

Mr. Clark noted Mr. Demikat owns a parcel containing 25 acres; he is looking to keep the existing house on minimal acreage and create two additional building lots.   Although frontage for the lots is on East Road access is being provided via Rockville Road.  The lots will look like rear lots and will meet all rear lot standards, including landscaping/plantings between driveways.  

Mr. Clark indicated much of the property exists in wetlands.  The existing house has a well and a septic system; the new lots will have septic systems and public water.  During the Wetlands Application approximately 2/3 of the property (17 acres) was proposed as a private Conservation Easement.  It’s hoped that the Conservation Easement will also meet the Open Space requirements of the Subdivision Regulations.  

Mr. Clark also noted they are asking for a waiver of the following:  1)  sidewalks, as there are none in the area; 2) street lights, as there is a pole on the street in front of the parcel; and 3) fee-in-lieu of Open Space.  

Discussion followed regarding the Open Space requirement.   After reviewing the map it was noted any open space available on this parcel would not be contiguous with open space provided on an adjacent property.  Commissioner Gowdy felt any open space available on this parcel wouldn’t be accessible to the public due to the wet conditions of the property; he favored taking a fee-in-lieu of Open Space.  It was noted the Conservation Easement provides preservation of the Windsorville Pond.  Commissioner Farmer favored requesting a fee-in-lieu of Open Space, as the Conservation Easement remains in Mr. Demikat’s ownership; the Town could request funds instead of the land.   Commissioner Tyler felt the Conservation Easement offers preservation of the land.  Commissioner Devanney favored accepting the Conservation Easement as the Open Space.  Commissioner Matthews suggested the Open Space offered under the Griffin Hill Subdivision was adjacent to the Conservation Easement being offered by Mr. Demikat.  If Open Space were provided under this Application it would offer access for fisherman to the headwaters of Ketch Brook as it goes into the Windsorville Pond.  Town Planner Whitten felt it would be property to the north of this parcel that would provide that access rather than this parcel.  She also noted such an Open Space requirement would then reduce this proposal to a single rear lot under the regulation requirements.  

Discussion turned to requiring a fee-in-lieu of sidewalk installation; should the fee be based on frontage on the East Road distance or the Rockville Road access where it would be assumed the sidewalks would be placed?  The Commission ultimately agreed on a fee-in-lieu of sidewalks based on 500’ frontage; fee to be charged at 40% of construction cost of $10/linear foot (or $4/foot).  

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

MOTION:        To CLOSE the Application of Emil Demikat, et al for a 3-lot     Resubdivision located at 93 Rockville Road.  [A-1 Zone; Map 43, Block 64, Lot 10].  

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

MOTION TO APPROVE WAIVER in accordance with Section 8-26 of the Connecticut General Statutes and Section 2.15 of the East Windsor Subdivision Regulations for the 3 lot re-subdivision for Emil Demikat:

1.      A waiver of Section 6.5 requiring street lights as a street light is across the street.

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

MOTION TO APPROVE WAIVER in accordance with Section 8-26 of the Connecticut General Statutes and Section 2.15 of the East Windsor Subdivision Regulations for the 3 lot re-subdivision for Emil Demikat:

1.      A waiver of section 6.3 requiring sidewalks. A fee in Lieu will be provided based on the total frontage on East Road, the cost/fee will be determined by the Town Engineer.

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

MOTION TO APPROVE OPEN SPACE:  in the form of  a conservation easement totaling 67% of the property (as proposed)for the 3 lot re-subdivision referenced as Subdivision for  Emil Demikat at 93 Rockville Road

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

MOTION TO APPROVE WAIVER in accordance with Section 8-26 of the Connecticut General Statutes and Section 2.15 of the East Windsor Subdivision Regulations for the 3 lot re-subdivision for Emil Demikat:

        1.      A waiver of Section 7 requiring the fee in lieu of open space.

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

MOTION TO APPROVE application of Emil Demikat requesting a three lot subdivision of property located at 93 Rockville Road in the A-1 zone, as shown on assessors map 42, Blk. 64, Lot 10. This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission) and the following conditions:
Referenced Plans:

Cover sheet – Demikat Re-Subdivision Plan –prepared for Emil Demikat, East Windsor CT, scale 1” = 200’, dated 1/25/08, revised 2/28/08, Zone A-1, Map 42, Blk 64. Lot 10 prepared by Aeschliman Land Surveying, PC 1379 Main street, East Hartford, CT 06108 860/528-4881
        Sheet 2&3/5  Resubdivision Plan scale 1’ = 40’
        Sheet 4/5 – Topographic Plan
        Sheet 5/5 – Area Map, Notes and Details

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

5.      The lots shall comply with the requirements of the North Central District Health Department requirements for on-site septic systems.

6.      When conservation and drainage easements exist, the deeds must be approved by the Town and filed on the Land Records prior to any permits being issued.  For Conservation Easements, all markers shall be installed in accordance with the easement requirements prior to the issuance of any permits.

7.      Conservation Easement markers shall be installed along the actual conservation boundary.  Said markers shall be installed every 50 feet on 4” x 4” pressure treated posts, set in concrete (markers are available in the Planning Department)

8.      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, Sheets 1,2,&3, shall be filed with the town clerk by the applicant, no later than 90 days from publication of decision or this approval shall be considered null and void unless an extension is granted by the Commission.  One set, sheets 1-5 of 5, shall be filed in the Planning and Zoning Department.

9.      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 and the final amount of said bond shall be determined by the Town Engineer. (This bond covers public improvements, not individual lots.)

10.     A bond, suitable to the Town, shall be submitted for any/all public improvements. The applicant's engineer shall submit an estimated cost of the public improvements to the Town Engineer and the final amount of the bond shall be determined by the Town Engineer.
Conditions which must be met prior to certificates of compliance:

11.     Iron pins must be in place at all lot corners and angle points.
12.     Final Health District approval of the drinking water supply must be demonstrated.
13.     Each driveway must have a 15' paved apron or a bond for such submitted.
14.     Final grading and seeding shall be in place or a bond for the unfinished work
        submitted.
15.     All required landscaping shall be in place, or if weather does not permit, a bond
        for the required plantings shall be submitted.
16.     Final as-built survey showing all structures, pins, driveways and final floor   elevations as well as spot grades shall be submitted.
17.      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:
18.     All deeds for public land and easements shall be submitted at the time the applicant makes application for street acceptance.  All deeds shall first be submitted in draft form and approved by the Town Attorney.  Final bond release for public improvements shall not be approved until all public improvements are complete, accepted by the Town, and all deeds and maps have been filed on the Land Records.  
19.     Three copies of a final as-built map, for all public improvements, shall be submitted to the Planning and Zoning Department, along with an application for street acceptance.  Once approved by the Town Planner and Town Engineer, and provided that all other requirements are met, the application
will be scheduled for acceptance by the Board of Selectmen and Town                           Meeting.  Two mylar copies of the final as-built mapping are required after           acceptance. One copy filed in the Planning Department and the other on the Land Records.  
20.     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.
21.     A Zoning Permit shall be obtained prior to the commencement of any site work.
22.     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.
23.     Any modifications to the proposed drainage or grading for the resubdivision is subject to the approval of the town engineer.
24.     Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.
25.     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.
26.     Should the property transfer ownership prior to completion of all required work, or before a certificate of completeness/occupancy is issued, the new owner must place new bonds in their name, at which time the original bond may be released.

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

BUSINESS MEETING/(1)  Discussion  -  Sewer Service Area:

The Commission reviewed the map submitted by Kevin Leslie of the Water Pollution Control Authority; white areas on the map reflect sewer service areas while grey areas reflect sewer avoidance areas.   Discussion continued for some time regarding State restrictions on local development, the affect of the proposed Sewer Service Area Map on areas designated in the Plan of Conservation and Development for development based on sewer availability, the negation of local regulations due to the State map proposal, the affect of the proposed map on private properties whose development depends on sewer availability, and the affect of the proposed map on areas suffering current or potential septic system failures.   Commissioner Matthews indicated he is favor of the current map as proposed by the WPCA; he supported the Sewer Avoidance Area (gray) as this map has been around since 1972 when the proposal was for everything east of the Scantic River to be in the Sewer Avoidance Area to preserve the rural character of the Town.  The remainder of  the Commissioners disagreed with the map as proposed.  Discussion will continue at future meetings.

MOTION: To EXTEND this Meeting for 10 minutes.

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

BUSINESS MEETING/(2)  Fee Schedule (tabled):
BUSINESS MEETING/(3)  Correspondece:  None.

BUSINESS MEETING/(5) Staff Reports:        

Town Planner Whitten advised the Commission the owners of Revay’s Gardens have requested consideration of the following:  1)  sale of propane tanks.   The Commission didn’t feel this proposal was an accessory use to the agricultural retail operation currently in place.  2)  bringing in 8 to 10 vendors for a Farmer’s Market.  The Commission cited concerns for adequacy of parking and traffic control; Town Planner Whitten to work with Revays.  

APPROVAL OF MINUTES/March 11, 2008:

MOTION: To ACCEPT the Minutes of Public Hearing #1524 dated March 11,                   2008 as written.

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

SIGNING OF MYLARS/PLANS, MOTIONS:

        *       Mylars:  NRT Realty - Bridge Street
        *       Motion:  Mark Hajowyj - Special Use Permit - 123 Main Street
        *       Motion:  Ray & Tracey Fahey - Special Use Permit - 90 Depot Street

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 10:40 p.m.

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


Respectfully submitted,

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