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June 10, 2008 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION


Public Hearing #1530
June 10, 2008


***** Draft Document - Subject to Commission Review *****



The Meeting was called to order by Chairman Ouellette at 7:03 P. M. in the Broad Brook School Cafeteria, 14 Rye Street, Broad Brook, CT.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Devanney, Farmer, Gowdy, and Ouellette) and two Alternate Members (Matthews and Thurz) were present.  Alternate Member Tyler was absent.  The Commission currently carries one vacancy for a Regular Member.  Chairman Ouellette noted Alternate Commissioner Matthews would sit in on decisions/votes this evening.  Also present was Town Planner Whitten.

ADDED AGENDA ITEMS:             None.

RECEIPT OF APPLICATIONS:

Chairman Ouellette acknowledged receipt of the following Applications:

1.      Application of Andrew Owens for Site Plan Approval for construction of two 10’ x 16’ lean-to structures and five tent platforms at Scout Hall property located at 28 Abbe Road, owned by the Town of East Windsor  [A-1 zone;  Map 39, Block 23, Lot 8 & 10A]

2.      Application of Lawrence G. Tribble, Jr. for Site Plan Approval for construction of a 178 sq. ft. walk-in freezer and cooler addition and a 120 sq. ft. kitchen addition at the Cornerhouse Family Restaurant, 75 South Main Street [TZ5 & R-3 zones; Map 28, Block 20, Lots 1 & 2]

3.      Application of Jonathan Lietz for a Special Use Permit to allow an Accessory Apartment at  41 Winkler Road, owned by Gerald Wilcox.  [A-1 zone; Map 7, Block 24, Lot 5]

4.      Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit to allow sand wash plant at Charbonneau Gravel Removal Operation located on Apothecaries Hall Road.  [M-1, R-3 & A-1 zones;  Map 36, Block 65, Lots 1 & 7]

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, May 29, 2008, and Thursday, June 5, 2008, was read by Chairman Ouellette:

1)      Application of Herb Holden Trucking, Inc. for a Special Use Permit/Excavation to allow earth products removal on property located on the west side of Wapping Road, owned by Northern Capital Region Disposal Facility.  [A-1 & M-1 Zones; Map 41, Block 65, Lot 31].

2)      Application of Paul Guarino for a 1-lot Resubdivision of property located on the west side of Rye Street, owned by Margaret and Jason Ellsworth and Elizabeth Ciorogan.  [R-3 Zone; Map 35, Block 42, Lots 1, 9 & 16].

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE - Marti Zhigailo - Request for Land Acceptance - roadside right-of-way widening of Pease Road:

Chairman Ouellette read the description of this Item of Business.  Town Planner Whitten recalled that when the subdivision was approved the Applicant was required to give the Town two small parcels for the potential widening of Pease Road.  Chairman Ouellette questioned if the intent was to pave the road?  Town Planner Whitten indicated not to her knowledge at this time.  All documents regarding the transfer of parcels have been received.

MOTION: To RECOMMEND to the Board of Selectmen that they accept the roadside right-of-way widening of Pease Road.

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

MOTION: To GO OUT OF  ORDER in the posted Agenda and take Items of Business in the following order:  1)  NEW BUSINESS:  Andrew Owens - 28 Abbe Road; 2) NEW BUSINESS:  Town of East Windsor - Dog Park & BMX Skate Park;  3)  PUBLIC HEARING:  Paul Guarino - Rye Street; 4) PUBLIC HEARING:  Southern Auto Sales, Inc. - 187 Main Street; and 5) PUBLIC HEARING - Herb Holden Trucking, Inc.

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

NEW BUSINESS:  Andrew Owens - Site Plan Approval for construction of two 10’ x 16’ lean-to structures and five tent platforms at Scout Hall property located at 28 Abbe Road, owned by the Town of East Windsor.  [A-1 Zone; Map 39, Block 23, Lots 8 &
10A].  (Deadline for decision 8/14/08):


Chairman Ouellette read the description of this Item of Business.  Appearing to discuss the Application was Andrew Owens.

Mr. Owens introduced himself as being a member of Troop 89; he is working on this project to earn the rank of Eagle Scout.  Mr. Owens appeared with a model of the two lean-tos (sheds) he is proposing to build for storage at the Scout Hall property.   The five 6’ x 6’ tent platforms referred to in the Application will be built by John Burnham.  

Chairman Ouellette questioned if the youth group wanted to move the location of the lean-tos in the future what would that require?   Town Planner Whitten indicated the biggest issue with moving the lean-tos location would be concerns for the wetlands; which might require a modification of the Wetlands Permit.  Relocation of the lean-tos might be impacted by Zoning set-back distances, but such adjustments could be handled in-house.

MOTION TO APPROVE the site plan for  two Lean tos and 5 tent platforms to be constructed at 28 Abbe Road. Map 39, Blk 23 Lot 8 & 10A.

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


MOTION TO RECOMMEND to the Board of Selectman to allow the construction of two Lean Tos and 5 tent platforms to be constructed at 28 Abbe Road. Map 39, Blk 23 Lot 8 & 10A.

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


NEW BUSINESS:  Town of East Windsor - Site Plan Approval and Sec.-24 Referral for Dog Park and BMX Skate Park to be located on Town property located on the south side of Reservoir Avenue (known as Kogut property).  [R-3 Zone; Map 31, Block 57, Lot 1].  (Deadline for decision 8/14/08):

Chairman Ouellette read the description of this Item of Business.   Appearing to present this Application was Melissa Green, Director of Parks and Recreation, Town of East Windsor; also appearing as representatives of the BMX Skate Park Committee were Lori Gabriel, Chairwoman, and Pat Donahue.

Ms. Green reported the proposal is for a Dog Park and Skateboard Park to be located approximately 50’ to 100’ from Reservoir Avenue on the Kogut property across from East Windsor Park.  The plans have been prepared with assistance from Town Planner Whitten and Town Engineer Norton.  The proposal was reviewed by the Inland/Wetlands Commission last week.   Wetlands are present behind the proposed park locations; approval was received from the Inland/Wetlands Commission at that meeting.


Ms. Green indicated the proposal being presented this evening shows 2 unpaved driveways into 2 unpaved parking areas, each containing 11 parking spaces.  The Skateboard Park will contain an asphalt surface  The Dog Park will encompass a fenced in area containing a wood chip surface; there will be a fence within the perimeter fence to separate small dogs from larger dogs.  The parks would operate on the same hours as all the parks, which are daylight hours only.   

Chairman Ouellette questioned in relation to East Windsor Park what is the relationship to the houses?  Ms. Green sited the houses as being adjacent to the tennis courts; she suggested the BMX Park wouldn’t be any closer than 200’ across the street from those residences.  Town Planner Whitten clarified that the Skateboard Park would be located 50’ back from Reservoir, the houses are set back from Reservoir Avenue 50’ as well; Reservoir Avenue runs between the houses and the Skateboard Park.  

Chairman Ouellette questioned if Public Works will plow the gravel parking lots in the Winter?  Ms. Green noted the department has a Parks & Recreation Maintainer, although it hasn’t been determined who will have responsibility for those parking lots as of yet.  The parks are currently being proposed as seasonal parks.   Chairman Ouellette questioned if the parks become wildly successful are there any plans for expanded parking?  Town Planner Whitten suggested the potential for more parking would be around the Skateboard Park.   Town Engineer Norton has designed these plans.  Additional parking would require a return for modification of plans before the Inland/Wetlands Commission but Town Planner Whitten suggested she didn’t perceived any problems as the parking areas wouldn’t be paved.  Chairman Ouellette questioned that the driveways would be roughly where they are today?   Ms. Green and Town Planner Whitten replied almost exactly.

Chairman Ouellette questioned if someone were walking along Reservoir Avenue what would they see regarding the Dog Park?   Ms. Green suggested they would see a chain link fence surrounding the one acre site, then the wood chip enhanced area within the fence.  Signage would be visible welcoming people to the park and listing rules.  Waste receptacles would be located within the park and in the parking lot as well.  The Dog Park area has a slight incline which would provide exercise for the dogs.   Town Planner Whitten noted the original proposal sited the two parks in reverse locations; this proposal takes advantage of the natural topography of the land and reduces development costs.  

Commissioner Devanney questioned what would be the visual for the Skateboard Park?  Ms. Green indicated there is a natural berm between both facilities, and plantings will be added.  The Skateboard Park is just a pad with ramps; fencing is not proposed presently but can be addressed later.    Commissioner Gowdy questioned if the parks would be for residents only?   Ms. Green indicated there would not be an ordinance which would disallow non-residents.  She noted she has reviewed the proposed parks with CIRMA, the Town’s insurance provider; they are viewed as other park facilities/courts - it’s kind of a use-at-your-own-risk-issue.  Lori Gabriel, Chairwoman of the Skateboard/BMX Park Commission, and resident of 79 Miller Road, noted the groups proposing these parks

have attended many meetings to work through these issues.  

Commissioner Farmer indicated he understood everyone is supposed to be responsible to pick up their own mess, but he questioned who will be responsible for these parks?   Ms. Green indicated the Dog Park is self-governing.   There is a small committee who will fundraise; they will stay on to help with policing issues.   Town Planner Whitten noted she personally frequents the dog park in Granby; it really is a self-policing facility.  Ms. Green noted they have consulted with organizers of dog parks in Granby and South Windsor, and she has personally visited a skateboard park in West Hartford.  They are using things for the East Windsor parks that have worked for these other towns in their facilities.  Patricia Donahue, speaking from the audience, indicated that in Enfield and Scitico the kids police themselves as well.  Ms. Green noted she has attended seminars on dog parks as well; there are 22 cities or towns in the state working on these types of facilities.  

Commissioner Devanney referenced one of the rules for use of the park - Condition #6 regarding removal from the park for inappropriate activities or use of profanity, etc.  She questioned who would enforce such conditions; would it be Park & Recreation or the police?  Ms. Green reiterated the intent is to be self-governing; perhaps it would be a joint effort between Park & Recreation and the police.   She indicated the Board of Selectmen must review the rules, and can add anything they feel appropriate.  

Commissioner Farmer noted he can envision many kids going down the road, which presently has no sidewalks; is there any possibility that sidewalks would be installed?  Ms. Green noted Reservoir Avenue is a high volume road now; the kids ride their bikes to the center already.  Commissioner Gowdy noted the Town has a the fee-in-lieu-of-sidewalk fund; perhaps those funds could apply for Reservoir Avenue.

Commissioner Devanney questioned if anyone had contacted the neighbors regarding installation of the parks?  Mrs. Gabriel indicated she has spoken with one of the neighbors, who is a personal friend.  The other neighbor is an older couple who like kids; they seem pretty open to the idea of the park.  The (East Windsor) park is already in their back yard.  Ms. Gabriel noted they need to get the kids out of the center of town.  Ms. Green indicated they will send letters to appropriate individuals after the Board of Selectmen complete their review and make an approval.

Commissioner Thurz questioned if they would be installing any lighting in either park?  Ms. Green replied negatively, noting the proposal is for bare bones parks to see how well they are attended.  She has spoken with Police Chief Demarco, who is in favor of the parks.   He also likes the location across from East Windsor Park, which is a location they already monitor.  Ms. Green felt the parks are perfectly located for seasonal use.

Commissioner Farmer questioned if the Town would pay for a cross-walk from East Windsor Park?  Ms. Green indicated she will review that suggestion with Town Engineer Norton, noting they are not finished with the final plans with regard to improvements.  

MOTION TO APPROVE the site plan for  up to a 100’ x 150’ BMX Skate Park with associated grading and unpaved parking to be located east and across the street from the East Windsor Park entrance on the Kogut open space property

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


MOTION TO APPROVE the site plan for a 200’ x 200’ dog park, and associated grading and unpaved parking to be located generally to the west and across the street from the East Windsor Park entrance, on the Kogut open space property.

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


MOTION TO RECOMMEND to the Board of Selectman to allow the construction of up to a 100’ x 150’ BMX Skate Park and a 200’ x 200’ Dog Park to be located on the Kogut open space property located generally across Reservoir Road from the East Windsor Park, Map 31, Block 57, Lot 1.

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

NEW HEARING:  Paul Guarino - 1-lot Resubdivision of property located on the west side of Rye Street, owned by Margaret and Jason Ellsworth and Elizabeth Ciorogan.  [R-3 Zone; Map 35, Block 42, Lots 1, 9 & 16]  (Deadline to close hearing 7/15/08):

Chairman Ouellette read the Hearing description.  Appearing to discuss this Application was Todd Clark, of Aescliman Land Surveying, P. C.  

Mr. Clark submitted revised plans at the Meeting, noting this new submission includes responses to the engineering comments.  Mr. Clark reported the proposal is for the creation of one building lot out of 58 acres which include the Ellsworth Christmas Tree Farm.  The building lot contains 31,000 square feet, which meets zoning requirements; they are showing a footprint for a 2,400 square foot house.  The building lot has been tested and approved for a septic system by the North Central Health District (NCHD).  Mr. Clark noted the land was tested during the Winter and the Spring and indicated a high water table.  As a result of that testing the plans presently show a pump chamber for the septic system.  Mr. Clark indicated they may go down a bit deeper  and may return to the NCHD to have the pump chamber removed.  The lot will be served by public water which is available in Rye Street.  They are showing a paved driveway with a 15’ temporary construction entrance.  In response to Town Engineer Norton’s comments they are also showing “patch details” for the water connection.  

Chairman Ouellette questioned the profile of Rye Street at this location with regard to sight line?   Mr. Clark suggested it was flat with good visibility both left and right.  Chairman Ouellette questioned the proposed driveway grade; Town Planner Whitten and

Mr. Clark noted that grade dimension was at the recommended of Town Engineer Norton.

Commissioner Matthews questioned the topography of the back land; if it were wetlands it would be difficult to bring a road in there.  Mr. Clark indicated it is steep to the south; they didn’t survey that area as the location of the lot was high and dry.

Chairman Ouellette questioned if the Open Space requirement applied to this Application?  Town Planner Whitten replied negatively, noting this is a proposal for a one-lot resubdivision.  Open Space is required of a 3 or more lot subdivision.

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

MOTION: To CLOSE the Public Hearing on the Application of Paul Guarino for a 1-lot Resubdivision of property located on the west side of Rye Street, owned by Margaret and Jason Ellsworth and Elizabeth Ciorogan.  [R-3 Zone; Map      35, Block 42, Lots 1, 9 & 16] .

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

MOTION TO APPROVE the Application of Paul Guarino, and owners Margaret & Jason Ellsworth,  for Proposed ReSubdivision of 1 lot (2 lots total),  R-3 Zone [Map 35, Block 42, Lot 1,9 &16]

This approval is granted subject to conformance with the referenced plans (as may be modified by the conditions) and the following conditions of approval:

Referenced Plans:

1/2:    “Re-subdivision Plan, Ellsworth Resubdivision, prepared for Paul Guarino, East Windsor CT  prepared by Aescliman Land Surveying, PC, 1379 Main street East Hartford, CT 06108 860/528-4881 dated 12/18/07, scale as shown.Key Map/Resubdivision, Land of Robert S. Ellsworth, et.al, 274 Rye Street, East Windsor, Conn, Map 35, Blk 42, Lot 22-C, Zone R-3, prepared by J.R. Russo & Associates, Land Surveyors & Professional Engineers, 1 Shoham Road, East Windsor, Connecticut, 06088, (860) 623-2485, Fax (860) 623-2485, Scale 1” = 200’, dated 6-18-04, sheet 1 of 3”; with the following sheets:

2/2:    Area Map & Details, scale 1” = 200”

Conditions which 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 conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this 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:

4.      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 fixed line mylars, Sheet 1 of 2, shall be filed with the Town Clerk by the applicant no later than 90 days after the 15 day appeal period from date of  publication of decision has elapsed or this approval shall be considered null and void, unless an extension is granted by the Commission.  One full set of mylars, 3 shall be filed in the Planning and Zoning Department.

5.      Detailed sedimentation and erosion control plans shall be submitted with the site plan for each parcel at time of application for a zoning permit.

6.      A cash (escrow) or passbook bond shall be submitted for erosion and sedimentation (E & S) control maintenance and site restoration during the construction phase of the project.  Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within 5 days or this permit shall be rendered null and void.  The applicant’s engineer shall prepare an estimated cost of the E & S controls for review by the Town Engineer.  The final amount of said bond shall be determined by the Town Engineer.

Conditions which must be met prior to certificates of compliance:

7.      Iron pins must be in place at all lot corners and angle points.

8.      Final Health District approval of the drinking water supply and septic system must be demonstrated.

9.      The driveway must have a 15’ paved apron or if weather does not permit, a bond for such submitted.

10.     Final grading and seeding shall be in place, or if weather does not permit, a bond for the unfinished work be submitted.

11.     All required landscaping shall be in place, or if weather does not permit, a bond for the required plantings shall be submitted.


12.     Final as-built survey showing all structures, pins, driveways, final floor elevations,  and grading must be submitted.

13.     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:

14.     This re-subdivision approval shall expire (five years form the 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 Planning and Zoning Commission.  Such extension shall not exceed the time limits as provided for in the Connecticut General Statutes, Section 8-26 as may be amended from time to time.  The Commission shall require proper bonding be in place prior to approval of any such extension.

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

16.     This project shall be constructed and maintained in accordance with the referenced plans.  Minor modifications to the approved plans which results in lesser impacts may be allowed subject to staff review and approval.

17.     Any modifications to the proposed drainage or grading of the subdivision is subject to the approval of the Town Engineer.

18.     Additional erosion control measures are to be installed as directed by Town Staff if field conditions necessitate.

19.     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.

20.     Should the property transfer ownership before all work is completed, or before a certificate of completeness is issued, the new owner must place new bonds in their name, at which time the original bond may be released.

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

MOTION: To TAKE A FIVE MINUTE BREAK.

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

The Commission RECESSED at 7:45 P. M. and RECONVENED at 8:00 P. M.

OLD BUSINESS:  Southern Auto Sales, Inc. - Modification of Approved Site Plan to allow construction of a 792+/- sq. ft. addition to 187 South Main Street, owned by LCC Partnership.  [B-2 & A-1 Zones; Map 34, Block 22, Lots 4, 52, & 53].   (Deadline for decision 6/28/08):

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

Mr. Ussery noted this proposal is for a property located at 187 South Main Street on the southeast corner of the intersection of Stoughton Road and South Main Street.  The property contains a red building built in the 70s which originally housed Berkshire Cabinets.  The property was purchased several years ago by Southern Auto Sales, Inc. (SAS) and a part of the parcel was used as part of the SAS campus.  For some time it has been leased,  the most recent was a screen printing company who has moved to Bloomfield.  SAS has a potential tenant who like the use to return to a auto use; they would like to add a small addition to the north side of the building to allow them to move vehicles inside to wash and detail.  There would be an oil/water separator in the floor drain to handle the wash water; there would also be a small mechanical room inside the building.  The outside of the building will have a new facade.  They will be paving on the Stoughton Road side of the parcel for vehicle storage; they would also plant additional trees on the lawn area adjacent to Stoughton Road and near the building on the northside and landscape to the rear of the parking storage area.  They are proposing display parking on the front of the building.  There will be a slight modification to the driveway on Route 5/South Main Street, which will require a permit from the State to allow work in that area.  The building is already served by sewer and water; no additional utilities are proposed.  

Mr. Ussery indicated they have addressed comments made by Town Engineer Norton.

This parcel has been combined with the parcel previously known as the Railroad Salvage parcel, and the 205 South Main Street parcel as well.

Mr. Ussery indicated they need to apply to the Water Pollution Control Authority (WPCA) for approval of the oil/water separator before applying for a Building Permit.  These revisions also require an updating of the STC Permit for SAS as well.  

Chairman Ouellette noted that with regard to the north property line it appears that a part of Stoughton Road may be on the Applicant’s property.  Mr. Ussery concurred.  Chairman Ouellette indicated he was surprised Town Engineer Norton hadn’t asked for a revision of that condition as it would affect the set back line.  Mr. Ussery indicated Town Engineer Norton had not asked for such a revision.  

Commissioner Devanney questioned if there would be any vacuum islands at this site?   Mr. Ussery replied negatively, noting this is not a public car wash.

Commissioner Matthews questioned how the view from the road would change?  Mr. Ussery indicated the building gets a little longer; the architect is working on revising the facade.  They are adding trees on the Stoughton Road side of the parcel but are concerned regarding sightlines for people coming down Stoughton Road and making a right turn on a red light.  They are trying not to put too much landscaping in that area.  

Chairman Ouellette questioned who will be using the building?   Mr. Ussery indicated there are two prospective auto dealers interested in this location; this operation will not be part of the SAS operation but will be a leased property.    This is not a car wash operation; the rear bay will not be open to the public.  It will not be a pass-through bay but will be a bay a vehicle is brought into, the vehicle must then be backed out the same entrance.  These tenants would be car dealership tenants similar to the operation approved next to the Dunkin Donuts site further down Route 5.  Chairman Ouellette questioned who is the parcel to the south?   Mr. Ussery indicated it is the parcel previously owned by Railroad Salvage, known as 191 South Main Street.   Mr. Ussery compared the potential tenants to North Bay Dealers located next door to the coffee shop across from the high school.   They are wholesale dealers who have a display line and often deal with other dealers.

Commissioner Farmer noted cars typically get parked on the grass; he questioned how that would be dealt with?  Town Planner Whitten suggested a condition specific to prohibiting parking on the grass can be added to the possible approval motion.  

Chairman Ouellette questioned if the Commission has required that the lawn areas be sprinklered in the past?  Town Planner Whitten didn’t recall a motion specific to sprinkerling but noted the lawns must be maintained; how that’s done would be up to the Applicant.  

Mr. Ussery noted the only lighting will be wall mounted fixtures in the overhangs on the back of the building; they are not proposing any free standing lighting.  He indicated he would return regarding signage as they don’t know who the tenant will be.   Town Planner Whitten suggested signage can be dealt with in-house.  

Chairman Ouellette noted that some of SAS sites are fenced all around.   Mr. Ussery suggested there is a fence around the southerly side of the building which would probably remain.   There is a gate on the easterly side because SAS was using that crossing; that gate will probably be locked.

Commissioner Matthews requested clarification that the parking on the north side of the building would be double depth?   Mr. Ussery replied affirmatively, noting there is curbing there now.  There will be a double row of parking back to back.  Commissioner Matthews cited a concern for the double depth; it would be much less attractive on a

highly visible corner.   Chairman Ouellette concurred, noting if it were double rows east to west it would be less visible.  Mr. Ussery indicated it is storage parking.  Commissioner Devanney suggested planting pine trees to reduce the visibility.  Mr. Ussery indicated if they plant trees on the west side that impacts the highway line, the area isn’t owned by SAS.  He suggested a location to plant low shrubbery as an alternative; further discussion resulted in the possible addition of daylilies and black-eyed Susans.  Mr. Ussery indicated they will enhance the corner with some type of vegetation.  He also noted that there are many auto dealers along Route 5; if you look at the locations owned - operated or leased - by SAS they are well maintained as they want the properties to look nice.   This location will be maintained by SAS as well.

MOTION TO APPROVE the Application of Southern Auto Sales, Inc. and owner LCC Partnership requesting a site plan modification to add a 792 sq. ft car wash to an existing retail car sales building and associated site modifications at 187 South Main Street, Map 34, Blk. 22, Lot 1 in the B-2 zone This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions)

Referenced Plans:

-       Motor Vehicle Retail Sales, 187 South Main Street, East Windsor, CT”, prepared for Southern Auto Sales, Inc., 161 South Main Street, East Windsor CT 06088, 860/292-7500, prepared by JR Russo & Assoc., 1 Shoham Rd, East Windsor CT 06088 860/623-0569  fax 860/623-2485, scale 1” = 200’, dated 3/20/08

-       Inclusive of the following map sheets:

-    2/5        Site Plan scale 1” = 20’

-    3/5        Landscape Plan

-    4&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, with any required revisions incorporated on the

sheets shall be submitted for signature of the Commission, and shall be filed in the Planning and Zoning Department.

4.      A cash (escrow) or passbook bond shall be submitted for sedimentation and erosion control maintenance and site restoration during the construction of the project.  Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within five (5) days or this permit shall be rendered null and void. The applicant's engineer shall submit an estimated cost of the E & S controls to the Town Engineer.  The amount of said bond shall be determined by the Town Engineer.

Conditions which must be met prior to certificates of compliance:

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 ompleted prior to occupancy. In cases where all of these components have been completed, the Zoning Official may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.  

General Conditions:

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

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 Condition:

14.     Display parking must be located in designated areas as per approved site plan.          Parking is not permitted in grassed or landscaped areas.

Gowdy moved/Devanney seconded/VOTE:     In Favor

NEW HEARING:  Herb Holden Trucking, Inc. - Special Use Permit/Excavation to allow earth products removal on property located on the west side of Wapping Road, owned by Northern Capital Region Disposal Facility.  [A-1 & M-1 Zones; Map 41, Block 65, Lot 31]  (Deadline to close hearing 7/15/08):

Chairman Ouellette read the Hearing description.  Appearing to discuss this Application was Attorney Allan Koerner, representing Herb Holden Trucking and NORCAP; Matt Brown and Scott Atkins of Anchor Engineering; Jay Ussery, of J. R. Russo and Associates; also available in the audience was Herb Holden and Dennis Botticello.

Attorney Koerner submitted affadivits for posting of signs.

Attorney Koerner indicated the proposal is for a Special Use Permit to use the existing NORCAP entrance on Wapping Road which was approved at the Commission’s March Meeting.

Mr. Ussery described the site, noting the property is an agricultural field in the front which goes back 200’ to 250’; there is a thick row of deciduous trees behind the field.   The landfill is to the north, to the southwest is the Mitchell property which was approved for a storage facility, to the south is the Christmas Tree Farm owned by the Belzarus family.  The subject parcel is the former Gilson property which was purchased by Mr. Botticello.  Mulnite Farms is located across the street to the south and the east.  

Mr. Ussery noted a traffic study was prepared by Scott Hesketh in 2007 for an Application for a parcel further to the west.  Referring to that traffic study Mr. Ussery noted nothing really has changed since that time.  Mr. Botticello has an excavation permit for the former Maslak property to the north and east of the landfill; that permit includes a

condition allowing 60 trucks/day.  Mr. Ussery indicated that facility is nearly done; if this Application were approved they would be applying that traffic to this proposed facility.  Mr. Ussery READ FOR THE RECORD an excerpt from page 3 of the traffic study; essentially the traffic is the same or similar as that experienced over the past 12 years.  Discussions with Mr. Hesketh found the information represented in this traffic report is

still current information.   Mr. Ussery suggested the bottom line conclusion is there is a level of service A for the intersection, and there is no change based on the anticipated truck traffic.

Matt Brown, of Anchor Engineering, noted the proposal is for excavation of approximately 28 acres of the total 42 acre site.  The M-1 Zone line parallels the railroad track to the rear of the parcel; the front is zoned A-1.  The excavation is proposed in 4 phases, each phase containing approximately 7 acres; excavation will occur west to east from the tracks to Wapping Road.   The phasing schedule is proposed as follows:  Phase I - 230,000 cubic yards over 12 months; Phase II - 295,000 cubic yards over 15 months; Phase III - 170,000 cubic yards over 9 months; and Phase IV (front section) - 60,000 cubic yards over 3 months   Stockpiles will be contained in each phase, and will be seeded for restoration, and ringed with silt fence for erosion control.  A 100’ set back is provided as is required under Zoning Regulations; a 25’ set back is allowed at the north property line because both parcels are owned by the same entity.  Mr. Brown described various equipment which would be on site, including an excavator, pay loaders, bulldozers, and screener and rock crusher - all of which are shown on the plans.  The existing truck scale located on the NORCAP property near the generating facility will be used. An anti-tracking pad will be constructed; a water truck will be located on site for dust control.  Mr. Brown indicated hours of operation will be Monday through Friday from 7:30 a.m. to 5:00 p.m.; no work on weekends or holidays.   The operation will be limited to 60 loads per day or 124 vehicle trips/day in and out.

Mr. Brown indicated the existing drainage pattern is sheet flow from the high point to Wapping Road, or west towards the tracks.  They will install an infiltration basin in the southwest part of the parcel to infiltrate 100% of the run off from the excavation area.  The size of the basin is well in excess of run off for a 100 year storm.  The water will not be in the basin more than 24 hours for a 25 year storm.  

Mr. Scott Atkins, of Anchor Engineering, spoke of the Applicant’s request that he review the proposed excavation of the site, and determine how close the proposed excavation will be to the water table based on information provided by monitoring wells, and to review the direction of flow from the site, and the affect of that flow on the Zone of Influence associated with the landfill.  

Mr. Atkins referenced figure one of his written communication, which reflects the NORCAP landfill as the green area and the proposed excavation site as the brown area.   

Mr. Atkins noted there are several wells near the area of the proposed excavation, one monitoring well is close to the border of Phase I and Phase II, another is to the west of the
excavation, and a third is to the far east end of Phase IV.  Those wells indicated that the proposed excavation will be more than 20’ above the high water table pretty much throughout the entire excavation area.  Referencing figure two Mr. Atkins noted that the direction of the groundwater flows in the direction of the black arrows - away from the proposed excavation site towards Ketch Brook.  

Mr. Atkins noted that the Zone of Influence is shown on both figures as the thick, dark line on both maps which encompasses the landfill and some of the proposed excavation area.  Mr. Atkins reiterated that they will be keeping at least 20’ separation distance between the groundwater and the bottom of the excavation; he didn’t expect any impact on the Zone of Influence.  

Mr. Atkins noted that the proposed area of excavation has been used for agricultural purposes.  The topsoil removed within each phase will be stockpiled and contained within its phase area.  It will be reseeded, and eventually reused to restore the site after completion of the excavation.  Mr. Atkins indicated he didn’t see any impact on the Zone of Influence.

Commissioner Matthews questioned if Mr. Atkins could calculate the amount of topsoil being moved over the 28 acres of excavation so it could be monitored by staff?  Mr. Atkins indicated 6” to 8” of topsoil would be moved within each phase; he will make that calculation and provide same.  

Commissioner Thurz questioned what would happen to the water table if excavation occurs deeper than proposed?   Mr. Atkins noted that typically many towns require 5’ of separation distance; East Windsor requires 8’.   Mr. Atkins referenced his communication provided to the Commission regarding the impact of the excavation on the Zone of Influence; he didn’t see that the excavation would go into the groundwater.  Town Planner Whitten advised the Commission she had spoken with Tom O’Connor of the Department of Environmental Protection (DEP) on an unrelated issue; during their conversation Mr. O’Connor informed her that he had seen plans on this proposed excavation and had no problem with the plans as long as all the excavation was 10’ above the groundwater table.  Mr. O’Connor noted some methane may go in that direction and he was interested in how that would be treated.   Mr. Atkins noted that part of the monitoring process for the landfill is to see if methane is generated.

Chairman Ouellette questioned how close was the nearest dwelling to the proposed excavation?  Mr. Ussery referenced the location of two houses on a plan submitted for a previous application; he believed the closest residents are beyond the intersection of Wapping and Miller Roads.  There are two or three new houses built approximately three years ago.  Mr. Ussery estimated that the distance from the NORCAP driveway to the closest house would be 1,200’ and 1,500’ to the furthest house.  The location of the excavation is kind of around a bend in the road and can’t be seen from those houses.  With regard to Miller and Graham Roads you would need to go through the Mulnite farm fields to get to the closest house, which he estimated to be a distance of 1,300’ to 1,500’.

Commissioner Matthews questioned if the cap for the landfill is an impervious cap?   Mr. Atkins noted the landfill is capped with a plastic membrane.   Commissioner Matthews questioned if there was a provision in the proposed area of the slope to keep water run off from causing erosion?  Mr. Atkins indicated that there is a drain in the cap that routes the drainage around the landfill; there is also a large detention basin that would address those

issues.  He didn’t anticipate that the water would run down the 3:1 slope.

Chairman Ouellette opened discussion to the audience:

Mr. Bromley:  already considered the traffic pattern to be too high because he lives there.  He questioned what would be done with the land when they’re done; what will you do with a big hole?  Chairman Ouellette noted the Applicant has said the area would be used for agriculture.

Christine Bromley:  has been concerned regarding the amount of traffic on Plantation Road.  Herb Holden has said he doesn’t have any trucks going down there but she lives there and has seen them.  There is another company called Connex Trucking; she questioned if that was part of the Holden operation?  Mr. Holden advised everyone he has nothing to do with Connex, and the only reason his trucks would be on Plantation Road is if they have a delivery there.  Mrs. Bromley indicated she isn’t the only one that’s seen the trucks; there are other neighbors that have seen them.   Traffic on the street has increased  already; it isn’t only Holden.  Mr. Holden indicated he has no reason to be on Plantation Road.  

Mrs. Bromley felt people were told at a previous application that they would be just leveling out the land.  They expressed concerns at that meeting as to what would be done with the property.  Now a year later they are here for a gravel pit; she suggested she doesn’t have a lot of faith in what she’s been told.  

Chairman Ouellette noted that as the phases move closer to the road the natural vegetation will come down, and it will take some time for the new trees to grow.  Why not plant the regrowth in the beginning?   Mr. Holden indicated if that request were made he would do it.  

Chairman Ouellette suggested the crusher will move within the site depending on the phase being worked on; he questioned how loud the crusher is?   Mr. Brown indicated they have located the crusher as far back from the phasing borders as they could.   It will be 600’ to 650’ from the road; Mr. Brown suggested the trees will provide a good buffer.  Chairman Ouellette queried Town Planner Whitten if she received any complaints regarding the generator plant that runs all day?   Town Planner Whitten noted she had received one complaint from someone who thought the generator was too loud, but when she personally visited the site she could barely hear it.  Commissioner Thurz suggested it was probably as loud as the crusher would be, and decibel levels were measured when the generator was proposed.  Mr. Brown also noted the trees would remain until Phase IV is
completed.  

Mr. Brown noted they have received Town Engineer Norton’s comments.  Based on discussion of those comments he didn’t see a problem being able to deal with them satisfactorily.

Commissioner Devanney suggested monthly monitoring of the site to determine the amount of excavation.  Chairman Ouellette noted that issue was discussed during a previous application.  While he didn’t recall the specifics of the condition he felt Mr. Holden had no problems with that proposal.  

Chairman Ouellette questioned what the final grading would look like from the midpoint on Wapping Road looking deep into the site?  Mr. Brown indicated they are proposing 3:1 slopes which are not overly steep.   The 2% grade is as flat as they want to go to get the stormwater to flow correctly.  It would be very consistent flat slopes going back to the rear of the site.  Mr. Ussery indicated the slopes would hardly be evident.   As an example he indicated the room where this meeting is being held is 100’+/-; you would be looking at a 1’ differential looking from one side to the other.  Visually you probably wouldn’t see the difference.  Chairman Ouellette questioned if the side slopes would be too steep for agriculture?   Mr. Brown replied affirmatively.

Chairman Ouellette noted the Public Hearing would be held open awaiting Town Engineer Norton’s comments.  He queried the Commissioners for their concerns.

Commissioner Thurz indicated he would like the trees to be planted from the beginning, and he would like depth monitoring.  Town Planner Whitten questioned when the monitoring should begin, before Phase I or before Phase II?   Chairman Ouellette suggested before Phase II.  

Chairman Ouellette noted Commissioner Mattews had concerns regarding the side slopes, he questioned what would he prefer for this Application?  Commissioner Matthews indicated he would prefer shallower slopes, his preference would be 4:1 but this location is a good distance off the road.  He felt he could go along with a 3:1 slope.

Commissioner Gowdy noted the regulation language references a maximum of 300 trucks in a week, while the Commission has specified 60 trucks/day for other operations.  Commissioner Gowdy felt the regulation language could allow someone to run 100 trucks on one or two days.  He would rather see a specification for 60 trucks/day.  Discussion continued to clarify the number of trucks vs. the number of trips daily and weekly.  Commissioner Gowdy reiterated he would like to see 60 trucks/day.   Chairman Ouellette questioned what was allowed for the Maslak parcel?   Mr. Holden reported it has been 60 trucks/day or 300 trucks/week; that amount will be going down.  Chairman Ouellette questioned that unless Mr. Holden had customers on Plantation Road which would require a delivery then Plantation Road isn’t one of your routes?  Mr. Holden suggested he couldn’t recall his trucks using Plantation Road; he would be willing to

exclude the use of Plantation Road as a condition.  Chairman Ouellette suggested it could be another contractor looking for Mr. Holden’s site.   Mr. Holden noted there is the Charbonneau site, the recycling plant; he can’t control other contractors.  He reiterated his willingness to add the exclusion of Plantation Road as a condition; he has agreed to similar conditions on other applications.

Commissioner Matthews questioned that there would be no overlapping activity with the Maslak site?  Chairman Ouellette replied affirmatively.  

Commissioner Devanney indicated she would like to see a condition regarding monitoring depth of excavation.   Town Planner Whitten indicated she would review prior discussions.  Mr. Ussery suggested the condition can be required monthly or weekly but the excavation actually depends on the market.  He suggested basing the monitoring on excavation of 54,000 cubic yards per quarter.  Commissioner Gowdy suggested the monitoring be required quarterly.

Chairman Ouellette questioned the time needed for staff to respond to Town Engineer Norton’s comments?   Attorney Koerner indicated they had already discussed them and felt there should be no problems responding by next meeting.  

MOTION: To CONTINUE the Public Hearing on the Application of  Herb Holden Trucking, Inc. for a  Special Use Permit/Excavation to allow earth products removal on property located on the west side of Wapping Road, owned by Northern Capital Region Disposal Facility.  [A-1 & M-1 Zones; Map 41, Block 65, Lot 31]  until the Commission’s next regularly scheduled Meeting on June 24, 2008 at 7:00 P. M. - LOCATION TO BE ANNOUNCED.

Gowdy moved/Devanney seconded/VOTE:     In Favor        Unanimous

BUSINESS MEETING/(1)  Fee Schedule:     Tabled.

BUSINESS MEETING/(2)  Correspondence:   None.

BUSINESS MEETING/(3)  Staff Reports:    Reports provided in Commissioner’s packets.

APPROVAL OF MINUTES/May 27, 2008:

MOTION: To APPROVE the Minutes of Public Hearing #1529 dated May 27, 2008 as written.

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

SIGNING OF MYLARS/PLANS, MOTIONS:

        *       Sam Buca’s Restaurant

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 9:20 p.m.

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



Respectfully submitted,



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