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June 24, 2008 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1531
June 24, 2008

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



The Meeting was called to order by Chairman Ouellette at 7:05 P. M. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

ESTABLISHMENT OF QUORUM:

A quorum was established as three Regular Members (Devanney, Farmer, and Ouellette) and one Alternate Member (Thurz) were present.  Regular Member Gowdy and Alternate Members Matthews and Tyler were absent.  The Commission currently carries one vacancy for a Regular Member.  Chairman Ouellette noted Alternate Commissioner Thurz 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 Cota Construction, LLC for a Special Use Permit to allow a construction storage yard at 245 South Main Street, owned by All American Products Corp.  [B-2 & A-1 zones; Map 38, Block 23, Lot 59]

2.      Application of East Windsor Sportsman’s Club, Inc. for a Special Use Permit for excavation associated with re-grading of shooting ranges and construction of shooting lane at 30 Apothecaries Hall Road.  [M-1 zone;  Map 36, Block 49, Lots 3 & 3A]

3.      Application of NRT Realty, LLC for Site Plan Approval and Special Use Permit for 140,000 sq. ft. retail facility with 33,000 sq. ft. outdoor garden center and associated parking located on the south side of Bridge Street, owned by Joseph N. Lata, Jr., Debra A. Morell and Anthony & Dorothy M. Dimastrantonio.  [B-2 zone;  Map 1, Block 12, Lots 4, 8, 9, 10 & 11]

4.      Application of Dustin Mitchell c/o Gerlt Law, LLC for a 3-lot subdivision, Special Use Permit for one rear lot and Special Use Permit for modification of


Use Regulations (per Sec. 302) to permit historic house to be used for 2-family u       se, at 96 Griffin Road.  [R-3 zone;  Map 41, Block 69, Lots 4 & A]

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Thursday, June 12, 2008, and Thursday, June 19, 2008, was read by Chairman Ouellette:

1)      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].

CONTINUED HEARING:  Herb Holding 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 7/15/07):

Chairman Ouellette read the Hearing description.  Appearing to discuss this Application were Attorney Allan Koerner, representing Herb Hold Trucking and NORCAP; Mark Zessin and Scott Atkins of Anchor Engineering; and Jay Ussery, of Jr. R. Russo and Associates.

Attorney Koerner noted the absence of Commissioner Members who had sat in at the previous Hearing.  Discussion followed regarding the Applicant’s options.  Attorney Kernel requested the Hearing be extended until the Commission’s next meeting.

Town Planner Whiten noted there may be a scheduling conflict as the next Budget Referendum may be held at the Town Hall; the location of the Commission’s Meeting would be announced as soon as date of Referendum and location availability can be determined.

MOTION: To CONTINUE the Application of Herb Holding Trucking, Inc. for a Special Use Permit/Excavation to allow earth products removal on property located on the west side of Warping 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 July 8, 2008, at 7:00 p. m. Location of Public Hearing to be announced.

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

NEW HEARING:  Jonathan Lietz - 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].  (Deadline to close hearing 7/29/08):

Chairman Ouellette read the Hearing description.  Appearing to discuss this Application

was Jonathan Lietz, the Applicant, and David Brenner, agent for Gerald Wilcox.

The proposal is for the construction of a raised ranch containing approximately 4500+/- square feet, including the two car garage.  Mr. Lietz indicated both he and his mother would occupy the dwelling.  The proposal would provide an in-law apartment, containing approximately 1150 square feet, for his mother as one unit on the lower floor; a second unit for himself, containing 1200-1300 square feet, would occupy the upper floor.   Both Mr. Lietz and his mother face health challenges; they would like to have their respective kitchens within their dwelling unit.  The maximum square footage for the accessory/in-law apartment is 600+/- square feet; Mr. Lietz is requesting a waiver for that requirement.  

The units would be accessible via a common entrance; the lower level unit will have a slider door as well while the upper unit will have a slider door opening onto a deck.  Both units will include baths and kitchens as well as other living space.  Town Planner Whitten clarified that construction of the second unit/apartment makes this such a proposal a two dwelling unit structure.  

Mr. Lietz noted submission of letters from abutters indicating they are ok with this proposal.   The trolley crossing is about a half mile down the road from this location; the trolley line across the road was one of the reasons he liked this site.

Chairman Ouellette questioned the rationale for the threshold on the size of the accessory units as allowed under the current regulations?  Town Planner Whitten suggested the size was limited to maintain a smaller unit as an accessory to a primary unit.  If you have a house and split it in two it is no longer an accessory apartment; it becomes a duplex.  She suggested no one would know looking at this proposed dwelling that it contained two units; it wouldn’t be become evident until you saw the second kitchen.  Town Planner Whitten indicated this is an extremely large lot with a lot of room for parking; the lot is set back from the road.  

Chairman Ouellette opened discussion to the public:

        Mrs. Lietz:  indicated she is Jonathan’s mother; she is in favor of this proposal.

Town Planner Whitten reported this proposal has been through Inland/Wetlands.  Mr. Lietz indicated the affidavits regarding the posting of signs have been submitted to the Planning Office.

MOTION: To CLOSE the Public Hearing on the 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].  

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


MOTION TO APPROVE WAIVERS:
a)   (Section 402.g)   A waiver to allow more than 900 sq. ft. for an accessory in-law apartment

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

MOTION TO APPROVE the Application of Jonathan Lietz and owner Gerald Wilcox, requesting a Special Use Permit for an Accessory Apartment at 41 Winkler Road in the A-1 Zone  [Map 7, Block 24,  Lot 73] This approval is granted subject to conformance with the referenced plans as approved by the Commission and the following conditions:

Reference Plans:

Plans sheets 1 and 2,  for Proposed Residence for Jonathan Lietz, 41 Winkler Road, East Windsor, CT prepared by The Architects, Robert B. Hurd, AIA 56 Arbor St., Hartford, CT 06106 860/232-2707, dated May 29, 2008
-       Building Elevations – sheets 3 and 4
------------------------------------------------------------------------------------------------------------

Improvement Location Plan prepared for Jonathan Lietz, Lot 73-1 Winkler Road, East Windsor, CT prepared by Messier and Assoc, Inc, Surveyors/Engineers, 288 Main St, Manchester, CT 860/646-6013,  dated 6/08 scale 1” = 40’

Sheet 2/2  Subsurface Sewage Disposal system notes and details

Sheet 3/3  Erosion and Sediment Control Plan and Details

CONDITIONS:

Conditions that must be met prior to the issuance of any permits

1.      North Central District Health Department shall review and approve the plans for the existing septic system design and well location to insure adequate capacity for the additional occupancy.

Conditions that must be met prior to certificates of compliance

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

General Conditions


3.      All requirements of Section 407 must be met at all times.

4.      Occupants shall be family or extended family members, related by blood, marriage, or adoption with no more than 2 occupants.  One employee of owner may be substituted for the above.

5.      The property shall be and shall remain owner occupied.  A notarized affidavit in a form acceptable to the PZC, signed by the owner of the one family dwelling affirming the intent that either the principal or accessory dwelling unit is to be occupied by the owner of the premises shall be required.  Affidavit shall be filed on the land records.  The ZEO may request renewed notarized affidavit at 1 year intervals.

6.      A certificate of zoning compliance shall be filed on the land records and will automatically expire with change of ownership.  New owners must apply for a new zoning permit, otherwise the use will be considered abandoned.

7.      Upon expiration or termination of the Special Use, the applicant shall cause the accessory apartment to be removed and the space it occupied shall be converted to additional living space for the one family dwelling unit of which this motion is the subject. This Special Use Permit shall expire upon the death or relocation of all occupants of either unit or upon transfer of title to the property.

8.      No additional Mailbox is allowed.

9.      No additional entrances shall be allowed on any wall plane facing any street, unless waived by Commission.

10.      Zoning Permit shall be obtained prior to the commencement of any work.

11.     A Building Permit shall be obtained prior to the commencement of any work.

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

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.

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

NEW BUSINESS:  Lawrence G. Tribble, Jr. - Site Plan Approval for construction of a 178 square foot 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].  (Deadline for decision 8/14/08):

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

Mr. Ussery indicated this proposal is for a modification to add a 292 square foot addition to the kitchen located on the back of the building which will house a new freezer and cooler, and reworking the kitchen to make it more efficient.   The siding for the addition will match the existing structure; the cooler will have similar siding.  The hood for the range will be incorporated into the area and will be vented through the roof.  Mr. Ussery indicated they are showing a guardrail or bollards in the area of the addition to protect the building as the driveway passes through this area; they can add plantings to dress up the building.  Most of the parking is in front of the building; employees park to the rear.  They will be narrowing the radius at the rear of the building to add more lawn area and a rail fence with rose bushes to keep the traffic away from the building.  

Discussion followed regarding the proposed bollards or guardrails.   Various options were reviewed.  The Commission preferred bollards with planters around the rear of the kitchen.  Town Planner Whitten noted Town Planner Whitten cited no exception to the plans.

Motion to approve the modifications as noted for the Application of Lawrence G. Tribble, Jr.  requesting a Site Plan Review/Amendment for a 298 sq. ft addition to an existing restaurant known as Cornerhouse Family Restaurant, located at 75 South Main Street – TZ5 Zone,[Map 28, Blk 20, Lot 1&2].  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions)

Referenced Plans:

Sheet 1/1:      Site Plan Modification Plan, Cornerhouse Family Restaurant, 75 South Main Street, East Windsor, Connecticut, Map 28, Blk 20, Lot 1&2, TZ5 Zone as prepared by J.R. Russo & Associates, scale: 1”=20', dated 4/16/08, last revised 6/4/08

-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.  

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.   

5.      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:

6.      In accordance with Section 900.3 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.

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

8.      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.

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

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


11.     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

12.     All required landscaping shall be adequately maintained .

Additional Condition:

13.     Install bollards and green area around the kitchen addition and cooler; installation to         be approved by staff.

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

BUSINESS MEETING/(2)  Fee Schedule - Tabled.

BUSINESS MEETING/(3) Correspondence:  None.

APPROVAL OF MINUTES/April 22, 2008:

MOTION: To APPROVE the Minutes of Public Hearing #1530 dated June 10, 2008 as written.

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

SIGNING OF MYLARS/PLANS, MOTIONS:

        *       Ellsworth Subdivision
        *       Southern Auto Sales - car wash at 187 South Main Street

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 7:45 p.m.

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


Respectfully submitted,

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