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July 8, 2008 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION


Public Hearing #1532
July 8, 2008


***** Draft Document - Subject to Commission Approval *****



The Meeting was called to order by Chairman Ouellette at 7:05 P. M. in the Scout Hall Meeting Room, 28 Abbe Road, East Windsor, CT.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Devanney, Farmer, Gowdy, and Ouellette) and one Alternate Member (Thurz) was present.  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:

1.      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, June 26, 2008, and Thursday, July 3, 2008, was read by Chairman Ouellette:

1.      Application of Apothecaries Hall Enterprises, LC for a Special Use Permit to allow a 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].

2.      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 Zone; Map 38, Block 23, Lot 59].

3.      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].

MOTION: To GO OUT OF THE AGENDA ORDER to take NEW HEARING - East Windsor Sportsman’s Club, Inc. - Special Use Permit for excavation  associated with regrading of shooting ranges and construction of shooting lane at 30 Apothecaries Hall Road.  [M-1 Zone; Map 36, Block 49, Lots 3 & 3A].  

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

NEW HEARING - East Windsor Sportsman’s Club, Inc. - Special Use Permit for excavation associated with regrading of shooting ranges and construction of shooting lane at 30 Apothecaries Hall Road.  [M-1 Zone; Map 36, Block 49, Lots 3 & 3A].  (Deadline to close hearing 8/12/08):

Chairman Ouellette read the Hearing description.  Appearing to discuss this Application was David Palmberg, of William Palmberg & Sons, representing the East Windsor Sportsman’s Club.

LET THE RECORD SHOW Commissioner Farmer stepped down from service.  The Application will be heard with four Commissioners voting.

Mr. Palmberg submitted the Certified Mail Return Receipts of abutting property owners for the record.

Mr. Palmberg reported the site is located in a large valley which accommodates the shooting range.  The proposal is to regrade and increase the height of the existing berms to 4’ at the pistol range, and to regrade and reorient existing berms which have been damaged over the years.  Clay material will be added to the gravel berms to reduce maintenance.  

Mr. Palmberg noted the site is sand and gravel; all material will be retained and moved around on the site.  The truck traffic would be limited to on site, with the exception of the clay which must be brought in.  It’s anticipated 10 to 20 truckloads will be required to construct both berms.  

Town Engineer Norton has reviewed the plans.  He has asked that notes be added to the plans if any of the material will be leaving the site.

Discussion turned to Condition #8 regarding the degree of slope.  Mr. Palmberg noted the 3:1 slopes required of the Commission’s regulations is typically applicable to an earth excavation operation with a potential future use such as a subdivision.  The 2:1 slopes proposed are required by the NRA for gun clubs as they typically prevent people from wandering onto a site. Gerry Lugen, of the East Windsor Sportsman’s Club, concurred

that the NRA recommends the 45 degree angle slope.  

Town Planner Whitten noted the amount of excavation, which exceeds 100 cubic yards, triggered the need for this Application.  Commissioner Thurz noted the EWSC has been at that location for many years; he favors improvements to the property.

Chairman Ouellette queried the audience for comments:

        Herb Holden:  noted he is the owner of Recycled Concrete across the street.  They are good neighbors; he supports anything they would like to do to improve the property.

        John Gilson:  suggested the addition of noise abatement improvements to the plans.  He suggested he doesn’t hear as many complaints about noise now as previously as noise is a big issue for the neighbors.  At one time he owned a home on Wapping Road which he had difficulty renting because of noise from the gun club.  Town Planner Whitten questioned if these improvements would address noise issues?   Mr. Palmberg reported the improvements are modifications of shooting lanes and site grading; those improvements      wouldn’t affect the noise.  

Mr. Palmberg noted there is a wetlands to the west, but everything is uphill from the gun club.  

MOTION: To CLOSE the Public Hearing on the Application of the East Windsor Sportsman’s Club, Inc. for a Special Use Permit for excavation associated with regrading of shooting ranges and construction of shooting lane at 30 Apothecaries Hall Road.  [M-1 Zone; Map 36, Block 49, Lots 3 & 3A].  

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

MOTION: To APPROVE A WAIVER to allow 2:1 slopes instead of 3:1 slopes on the Application of the East Windsor Sportsman’s Club, Inc. for a Special Use Permit for excavation associated with regrading of shooting ranges and construction of shooting lane at 30 Apothecaries Hall Road.  [M-1 Zone; Map 36, Block 49, Lots 3 & 3A].  

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

MOTION TO APPROVE the  Application of owner East Windsor Sportsman’s Club, Inc requesting a Special Use Permit for excavation associated with re-grading and site plan modification for the East Windsor Sportsman’s Club located at 30 Apothecaries Hall Road in the M-1 Zone Map 36, Blk. 49 Lot 3&3A.   This approval is granted subject to conformance with the referenced plans and the following conditions:


Referenced Plans:

C-1 Compilation Plan prepared for East Windsor Sportsman’s Club, Inc ,Apothecaries Hall Rd, East Windsor CT scale 1”=60’ dated 5/1/08 prepared by William Palmberg and Son, LLC – Land Surveyors, 178 N. Maple Street, Enfield, CT

EX-1 – Existing Conditions Plan, scale 1” = 40’

P-1 – Improvement Location Survey

PP-1 Plan & Profile 200 yard Range

PP-2 plan & Profile 300 Yard Range

D-1 Detail Sheet

CONDITIONS:

Conditions that must be met prior to signing of mylars:

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

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

Conditions that must be met prior to issuance of permits:

3.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this approval motion shall be filed in the land records prior to the signing of the final mylars.

4.      One set of final mylars shall be filed in the Planning & Zoning Office by the applicant prior to issuance of any permit, one set shall be filed on the land records in Town Clerks Office.

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

6.      A full anti-tracking pad may be required. Any erosion and sedimentation control measure must first be approved by the Town Engineer.



General Conditions:

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

8.      The final grading shall conform to the proposed final grading as indicated on the referenced plans; but in no case shall any final slope be steeper than a rise to run ratio of 1:3, also knows as a 33% slope. (NOTE:  This condition will be changed to reflect the specifics stated in the waiver.)

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

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

11.     Activity on the site shall not occur before 7:30 a.m. and shall not be opened or operated later than 5:00 p.m. on weekdays, Monday through Friday., or holidays and weekends.

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

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

14.     The applicant shall adhere to all conditions of their Inland Wetlands Permit.

15.     The vegetation (trees) to be removed shall be accomplished in one step and the topsoil shall be stripped off and stockpiled immediately or a temporary vegetative cover implemented.

16.     Certified as-builts showing contours of completed and active areas shall be submitted to the Planning and Zoning Department

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

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

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

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

21.     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.

DISCUSSION:  Condition #8 will be changed to reflect the specifics made in the waiver.

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

LET THE RECORD SHOW Commissioner Farmer returned to service on the Board.

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE: Letourneau Builders - Request for bond reduction for the Norton’s Crossing Subdivision:

Chairman Ouellette acknowledged receipt of the following:  1)  letter dated June 9, 2008 from Letourneau Builders requesting a bond reduction for Norton’s Crossing Subdivision, and 2) memo from Town Engineer Norton addressing various site issues, and recommending a bond reduction.  

Town Planner Whitten noted Town Engineer Norton and Zoning Enforcement Official Bednaz visited the site prior to issuing these recommendations.

MOTION: To APPROVE the request of Letourneau Builders to release $185,100 of the Performance Bond and $5,000 of the Erosion Control Bond, the Town will retain $78,900 of the Performance Bond and $5,000 of the Erosion Control Bond.

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

CONTINUED 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 Z & M-1 Zones; Map 41, Block 65, Lot 31]  (Deadline to close hearing 7/1508):

Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing the Applicant; and Scott Atkins and Mark Zessin, of Anchor Engineering.   Also available in the audience were Herb Holden and David Holden.



Mr. Ussery noted this property, which was formerly owned by the Gilson family, is located on the west side of Wapping Road south of NORCAP.  The proposal is to excavate sand and gravel from the site.  Mr. Ussery reviewed improvements proposed for the site.  Extensive drainage and traffic studies have been prepared and reviewed by Town Engineer Norton; his comments have been addressed and he is comfortable with the proposal.  The current excavation operation on the adjacent site is nearing completion, the 60 trucks/day allowed for that site would now be allowed for this site.  

Chairman Ouellette queried the audience for 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/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 Z & M-1 Zones; Map 41, Block 65, Lot 31].

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

MOTION: To APPROVE A WAIVER for the buffer along the northerly property to be 25’.

DISCUSSION:  Commissioner Devanney noted Commissioner Gowdy cited 25’ while the Applicant’s representative had said 50’ to 25’.  Town Planner Whitten clarified that they could go down to 25’.

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

MOTION TO APPROVE the Application of Herb Holden Trucking, Inc. for a Special Use/Excavation Permit to allow earth products removal, and screening and crushing of products, on property located on the west side of Wapping Road, owned by  Northern Capital Region Disposal Facility, Inc (NORCAP) .   A-1 & M-1 Zones. [Map 41, Block 65, Lot#31]   This approval is granted subject to conformance with the referenced plans and the following conditions:

Referenced Plans:

Cover Sheet - Proposed Gravel Excavation, Wapping Road, East Windsor, CT, Applicant Herb Holden Trucking, Inc; Owner Northern Capital Region Disposal Facility, Inc. prepared by Anchor Engineering Services, Inc, 41 Sequin Drive, Glastonbury, CT 06033 860/633-8770, 860/633-5971 fax www.anchorengr.com, dated 5/9/2008.Last revised 6/25/07

Sheet 1/6       Existing conditions Map

Sheet 2/6       Overall Site Plan


Sheet 3&4/6     Layout and Grading Plan,

Sheet 5/6       Erosion Control Notes

Sheet 6/6       Details

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.

5.      In order to ensure the site is graded in accordance with the approved plan, vertical and horizontal control points shall be setup around the entire perimeter of the parcel.  Such control points shall be located as per approved plans.

6.      In addition, the applicant shall be required to provide the Zoning Enforcement Officer with as-built drawings six months after the issuance of the permit to demonstrate compliance with the approved grading plan, Any deviation from the approved plan shall be a violation and cause for revocation of the permit

7.      No phase may begin until the previous phase has been substantially completed except for the phase containing the reclamation plan as indicated on the referenced plans.

8.      Prior to the start of any new phase, the applicant shall submit evidence of conformance to the approved plans for the previous phases including a certified as-built survey showing finished grades.

9.      Re-approval must be requested annually, at such time an as-built will be required.



General Conditions:

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

11.     Operation of the gravel pit may include:
·       screening of excavated material pursuant to provisions of Section 9 and 9A.5.

·       crushing of rock and gravel mined on-site only with portable crushing apparatus and pursuant to provisions of Section 9 and 9A.5.

12.     Excavation shall not ever exceed the approved finished grade elevations.  Subsoil must remain native.

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

14.     In the event that the operation ceases before all phases are completed, the remaining land shall be graded to leave no slope exceeding 33%.

15.     As each area or phase is graded to final contours, the ground shall be back covered with topsoil or loam to render it usable for growing agricultural products.  All areas will require a minimum of 6 inches of topsoil in accordance with the regulations.

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

17.     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.

18.     An oversized 300 foot gravel anti-tracking pad leading to the driveway shall be installed and maintained to further minimize dust nuisance.     

19.     The gate across the driveway into the pit shall be maintained in good condition and kept closed and locked during all times when the pit is not in operation.  “Private Property – No Trespassing” sign shall be maintained at the entrance to the pit facing outward toward Wapping  Road.

20.     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.

21.     The pit shall not be opened or operated before 7:30 a.m. and shall not be opened or operated later than 5:00 p.m. on weekdays, Monday through Friday.

22.     The pit shall not be open or operated on weekends OR HOLIDAYS.

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

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

25.     The applicant shall adhere to all conditions of their Inland Wetlands Permit.

26.     The vegetation (trees) to be removed shall be accomplished in one step and the topsoil shall be stripped off and stockpiled immediately or a temporary vegetative cover implemented. Stockpiled soil shall remain on site for future reclamation of site.

27.     Finished grades may not be closer than 8’ 20’ to the water table, and must adhere to approved plans.

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

29.     There shall be no bulky waste or debris disposal allowed on the site.  The operator of the pit shall provide adequate security measures to prevent unauthorized waste disposal.  Any unauthorized disposal shall be cleaned up and disposed of off site by the operator of the pit.

30.     The project shall be carried out in phases as shown on the plans.

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

32.     Upon completion of the excavation, the land shall be cleared of all debris and a minimum of six (6) inches of topsoil shall be spread over any disturbed areas.

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

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


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

36.     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.

37.     This approval shall expire one year plus 30 days (to allow for signing and filing of mylars) from the date of approval, or upon completion of the project, whichever occurs first.

38.     A DOUBLE ROW OF TREES SHALL BE PLANTED ALONG THE ROADWAY FRONTAGE BEFORE THE STRAT OF PHASE 2.

39.     NO TRUCKS WILL TRAVEL ON PLANTATION ROAD UNLESS REQUIRED FOR   DELIVERY IN THE LOCAL PLANTATION ROAD AREA.

40.     ALL EXISTING GRAVEL OPERATIONS ON THE NORCAP PROPERTY MUST BE COMPLETED PRIOR TO START OF THIS EXCAVATION PROJECT.

41.     MONITORING WELLS SHOULD BE PROVIDED FOR EACH PHASE.

42.     QUARTERLY MONITORING REPORTS SHALL BE SUBMITTED TO THE PLANNING DEPARTMENT FOR REVIEW

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

NEW HEARING:  Apothecaries Hall Enterprises, LLC - Special Use Permit to allow a sand wash plant at Charbonneau Gravel Removal Operation located on Apothecaries Hall Road.  [M-1, R-3, and A-1 Zones, Map 36, Block 65, Lots 1 & 7]  (Deadline to close hearing 8/12/08):

Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates; Stephen Garrity, of Burgess and Shaw; and Kevin Charbonneau, the Applicant.  

Mr. Ussery reported the Application is for a sand wash plant to be located in the south west corner of Phase 8, 2 and 12.  The proposal will create a small excavation to create a water source and series of channels to wash the sand and create another product known as mason’s sand for the Applicant.  Mr. Garrity explained the equipment associated with this proposal; a generator will be located on the site to provide electricity for the equipment.  

Lengthy discussion followed regarding the process, which passes the product through
various channels to wash the material; water is recycled for reuse.  The remainder of the

material not processed for sale would be spread out over the interior of the site.  Extensive discussion occurred regarding the water table relative to the level of excavation. Mr. Ussery indicated this proposal would allow excavation into the groundwater.   The operation utilizes an existing pond on the site to assist the recycling process; they would be washing the same materials that are already in the ground.  Town Planner Whitten indicated the purpose of keeping excavation away from the groundwater is to maintain a proper depth throughout the majority of the site to filter the groundwater.  She indicated it’s not unusual to have a small farm pond, which an applicant could dig at any time.  Mr. Ussery recalled that when Manchester Sand and Gravel occupied the site the area of the proposal was the low point and was the settling area.  He suggested these types of operations have been around for many years.  He cited an operation in Farmington that has been in existence for several generations of the family; that operation also includes a pond.

The generator has been used on the site previously.  When questioned about the level of noise Mr. Ussery felt the crusher makes more noise; he suggested little of that noise is heard exterior to the site.  Discussion turned to phasing, and methods proposed for monitoring of grading.   Hours of operation would be Monday through Friday 7:30 a.m. to 5:00 p.m.  Town Planner Whitten noted the proposal is outside the regulated wetlands area; none of the water is anticipated to leave the site.

Chairman Ouellette queried the audience for comments”

Don Arcari:  questioned if the aquifer underneath the site would be disturbed?  Mr. Ussery indicated the material being washed is the material already in the ground; they are not bringing in anything not native to the site.  Mr. Ussery suggested he didn’t see this operation as being any different than the rainwater going into the stratification; he didn’t see contamination of the groundwater occurring.    Town Planner Whitten questioned the proximity of the nearest watercourse?  Mr. Ussery indicated it would be Ketch Brook, which is somewhat uphill of this area.  Chairman Ouellette questioned if this location was in the Aquifer Protection Area?  Town Planner Whitten replied negatively, noting most of that area is in Broad Brook.  Review of the Aquifer Protection Map found the site is outside and south of the aquifer protection area.  Town Planner Whitten noted the Town has no Aquifer Protection Regulations at present.  Mr. Arcari disputed the authenticity of the map, noting he felt this area feeds the aquifer are for Ellington.   Town Planner Whitten indicated the map being reviewed is a Level B map; that map indicates this site is outside and south of the Aquifer Protection Area.  

Discussion turned again to the “make up/recharge storage pond”, which will occupy 6/10ths of an acre.  Chairman Ouellette questioned if the application would set precedent regarding depth to groundwater table for other operations?  Mr. Ussery suggested this pond would be no different than a farm irrigation pond or a fishing pond allowed on a different property for the Broad Brook Angling Club.  Mr. Ussery suggested his biggest
concern regarding depth would be if there were discharge leaving the site because some ponds do work that way, but that’s not the situation proposed here.  The water will be

contained within the location.  If discharge were leaving the site he might have a different opinion, especially with the proximity to Ketch Brook, but he doesn’t have that concern regarding this location.  The material involved is on site material; it’s a clean, simple operation.

MOTION: To CLOSE the Public Hearing on the Application of Apothecaries Hall Enterprises, LLC - Special Use Permit to allow a sand wash plant at Charbonneau Gravel Removal Operation located on Apothecaries Hall Road.  [M-1, R-3, and A-1 Zones, Map 36, Block 65, Lots 1 & 7]  

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

MOTION: To APPROVE A WAIVER for the recharge storage pond to be dug down to the ground level.

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

MOTION TO APPROVE Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit for the Charbonneau gravel removal operation wash plant, located on the south side of Apothecaries Hall Road. M-1, R-3 & A-1 Zones. [Map 36, Block 65, Lot#1 & 7].  The approval is for a 1-year duration to expire 1 year and 30 days from date of approval.  This approval is granted subject to conformance with the referenced plans and the following conditions:

Referenced Plans:

“Sand Wash Plant Plan, prepared for Apothecaries Hall Enterprises, LLC, Charbonneau Gravel Pit,  Apothecaries Hall Road, East Windsor CT, Map 36, Block 65, Lot 1 &7,  prepared by J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 860/623-0569, fax 860/623-2485,  dated 6/9/08, scale 1” = 100’

Sheet 2/2- scale 1”=40’,

CONDITIONS:

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.      A $35,000.00 (renewal of existing bond on file) performance bond with additional amount as set by Town Engineer for each additional phase 11, 12, & 13, with surety acceptable to the Town Attorney shall be provided by the applicant prior to the signing of

the mylars.

3.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this approval motion shall be filed in the land records prior to the signing of the final mylars.

Conditions that must be met prior to issuance of permits:

4.      Two 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 and on the land records

5.      A full anti-tracking pad, or similar treatment must be installed prior to the paved apron leading onto Apothecaries Hall Road. Any erosion and sedimentation control measure must first be approved by the Town Engineer

6.      In order to ensure the site is graded in accordance with the approved plan, vertical and horizontal control points shall be setup around the entire perimeter of the parcel.  Such control points shall be:

       a) noted on the approved plan

        b) spaced no farther than 200 feet apart; and

c) set in the ground with iron or steel stakes at least ¾ inches in diameter and 30 inches in length.  

In addition, the applicant shall be required to provide the Zoning Enforcement Officer with as-built drawings six months after the issuance of the permit to demonstrate compliance with the approved grading plan, Any deviation form the approved plan shall be a violation and cause for revocation of the permit

7.      No phase may begin until the previous phase has been substantially completed except for the phase containing the reclamation plan as indicated on the referenced plans.

8.      Prior to the start of any new phase, the applicant shall submit evidence of conformance to the approved plans for the previous phases including a certified as-built survey showing finished grades.

General Conditions:

9.      A zoning permit shall be obtained prior to the start of any work or new phase.  No zoning permit shall be issued until a cash or passbook bond for site restoration, erosion and sedimentation control has been submitted.  Such bond shall be good for the life of the

permit/project.  Any funds that may be withdrawn by the Town for such maintenance shall be replaced within 5 days or this permit shall be rendered null and void.

10.     Operation of the gravel pit may include:

a.      Temporary grinding of stumps pursuant to the conditions of a Special Permit approval granted on April 8, 1997 and pursuant to provisions of Section 9 and 9A.5.(New section 814)

b.      Temporary screening of excavated material pursuant to provisions of Section 9 and 9A.5. (new section 814)

c.      Temporary crushing of rock and gravel mined on-site only with portable crushing apparatus and pursuant to provisions of Section 9 and 9A.5*.(new section 814)

d.      Excavating, moving, piling, loading and removal of sand, gravel, fill, trees, stumps and brush.  “Clean fill” as defined by Connecticut DEP standards may be brought in to the reclamation area to bring grades into conformance with the approved plans.

*   Approval of a temporary crushing operation was assumed on August 9, 1994 when, by incorporation into the approved plans, the Commission sanctioned this use.  There is no mention in any of the previous motions of a crushing facility, however the use was presented to the Commission at the public hearing on July 12, 1994.  Then Planner José Giner advised the Commission on that evening that the “regulations allow for crushing plants as well; both requests (a fueling tank was the other request approved) are items to be decided at the Commission’s discretion.”  A subsequent approval on April 8, 1997 was granted with the portable crusher shown on the plans.  It is my opinion that in taking this action, after the effective date of the volume reduction facilities, the Commission made this a conforming use at the site.  The stump grinder, screener and excavation activities are all activities that have been explicitly approved through the Special Permit process.  Though no reference in any previous motions speak to the crushing operation, its approval is implied through past Commission approval of plans which show the crusher at this location.

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

12.     In the event that the operation ceases before all phases are completed, the remaining land shall be graded to leave no slope exceeding 33%.

13.     As each area or phase is graded to final contours, the ground shall be back covered with topsoil or loam to render it usable for growing agricultural products.  All areas will require a minimum of 6 inches of topsoil in accordance with the regulations.


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

15.     The driveway to the pit shall be maintained in a hard surfaced, paved condition from Windsorville 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.

16.     An oversized gravel anti-tracking pad leading to the driveway shall be installed and maintained to further minimize dust nuisance.

17.     The gate across the driveway into the pit shall be maintained in good condition and kept closed and locked during all times when the pit is not in operation.

18.     A stop sign shall be maintained at the entrance to the pit during operating hours in such a way so that outgoing traffic from the pit can be reasonably expected to see it before entering Windsorville Road.

19.     A “Private Property – No Trespassing” sign shall be maintained at the entrance to the pit facing outward toward Windsorville Road.


20.     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.

21.     The pit shall not be opened or operated before 7:30 a.m. and shall not be opened or operated later than 5:00 p.m. on weekdays, Monday through Friday.

22.     The pit shall not be open or operated on weekends.

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

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

25.     The applicant shall adhere to all conditions of their Inland Wetlands Permit.

26.     The vegetation (trees) to be removed shall be accomplished in one step and the topsoil shall be stripped off and stockpiled immediately or a temporary vegetative cover implemented.

27.     Certified as-builts showing contours of completed and active areas shall be submitted to the Planning and Zoning Department no later than July 1 of each year that

this permit is in effect.

28.     Finished grades may not be closer than 8’ to the water table.

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

30.     There shall be no bulky waste or debris disposal allowed on the site.  The operator of the pit shall provide adequate security measures to prevent unauthorized waste disposal.  Any unauthorized disposal shall be cleaned up and disposed of off site by the operator of the pit.

31.     The project shall be carried out in phases as shown on the plans.

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

33.     Upon completion of the excavation, the land shall be cleared of all debris and a minimum of six (6) inches of topsoil shall be spread over any disturbed areas.

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

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

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

37.     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.

38.     This approval shall expire one year plus 30 days from date of approval or upon completion of the project, whichever occurs first ,and is renewable on an annual basis..

39.     All requirements of Section 814 of East Windsor Zoning Regulations effective October 1, 2007 shall apply to this permit.

(Additional Condition):

40.      All original finished grades must be met when the operation ceases.

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


NEW HEARING:  Cota Construction, LLC - Special Use Permit to allow a construction storage yard at 245 South Main Street, owned by All American Products, Corp.  [B-2 & Z-1 Zones; Map 38, Block 23, Lot 59]  (Deadline to close hearing 8/12/08):

Town Planner Whitten noted receipt of letter from Joe Sauerhoffer requesting to withdraw this application without prejudice, which would allow them to reapply later without paying an additional fee.   They are having zoning issues.  Review of adjacent parcels found that the B-2 zones go back a short distance; properties are then zoned A-1 agricultural in the rear.  Discussion followed regarding rezone options – individual parcels vs. a Town initiated zone change inclusive of several parcels.

MOTION: To WITHDRAW WITHOUT PREJUDICE the Application of Cota Construction, LLC - 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]  

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 8:50 p.m. and RECONVENED at 8:55 p.m.

BUSINESS MEETING/(1)  Update of Flood Plain Regulations:

Lengthy discussion occurred.   Commissioners wanted additional time to review existing/proposed revisions.  Action postponed until the July 22nd Commission Meeting.

BUSINESS MEETING/(2)    Fee Schedule (tabled)

BUSINESS MEETING/(3)  Correspondence:

·       CCM Pamphlet.

BUSINESS MEETING/(4)  Staff Reports:            None.

APPROVAL OF MINUTES/June 24, 2008:

MOTION: To APPROVE the Minutes of Public Hearing #1531 dated June 24, with the following amendment:  Page 2, CONTINUED 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 Z & M-1 Zones; Map 41, Block 65, Lot 31], second

full paragraph, last sentence:  Attorney Kernel         Koerner............, AND, APPROVAL OF MINUTES/June 10, 2008, Vote revised:  Devanney  Farmer moved/Gowdy   Thurz seconded............

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

SIGNING OF MYLARS/PLANS, MOTIONS:

·       Ellsworth Subdivision
·       John Leitz motion
·       Larry Tribble/Cornerhouse Restaurant motion

ADJOURNED:

MOTION: To ADJOURN this Meeting at 9:16 p.m.

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



Respectfully submitted,

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