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October 14, 2008 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1536
October 14, 2008

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

The Meeting was called to order by Chairman Ouellette at 7:07 P. M. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Devanney, Farmer, and Ouellette) and two Alternate Member Thurz was 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 Four Fathers, Inc., dba Sports World, for a Special Use Permit to allow a Child Day Care Center at the Sports World complex at 226 Main Street, East Windsor, owned by Michael Fioretti.  [M-1 zone; Map 4, Block 12, Lot 30A]

2.      Application of Gaeton Letourneau for a 2-lot Resubdivision of property located on Hayfield Lane (Norton’s Crossing).  [R-2 zone; Map 31, Block 40, Lot 17]

3.      Application of SAS, Inc. requesting a Special Use Permit for an inventory holding area to be located at 161 South Main Street.  [B-2 and A-1 Zones; Map 34, Block 21, Lot 66].

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Friday, October 3, 2008, and Friday, October 10, 2008, was read by Chairman Ouellette:

1)      Application of Daniel M. Bell for a 1-lot subdivision and Special Use Permit/Rear Lot at        228 Scantic Road, owned by Eileen Bell.  [A-1 Zone; Map 34, Block 22, Lot 27].
2)      Proposed Text Amendment to Section 502 Permitted Uses In Business & Industrial Districts, to allow Day Care Facilities in an M-1 Industrial District.

3)      Application of Four Fathers, Inc., dba Sports World for a Special use Permit to allow a Child Day Care Center at the Sports World complex at 226 Main Street, East Windsor,     owned by Michael Fioretti.  [M-1 Zone; Map 4, Block 12, Lot 30A].

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:   Mitchell Subdivision, 96 Grffin Road - Request from Atty. Wayne Christopher Gerlt for a 35-day extension (previous 30-day extension granted through 9/27/2008):

Chairman Ouellette READ FOR THE RECORD letter dated October 6, 2008 from Attorney Wayne Christopher Gerlt noting the Applicant is not read to proceed and asking for a 35 delay to commence the Public Hearing.  Town Planner Whitten noted the Applicant is still waiting for a decision from the (East Windsor) Water Pollution Control Authority (WPCA) to connect to the sewer system.

MOTION: To GRANT A 35-DAY EXTENSION for the Application for the Mitchell Subdivision, 96 Griffin Road .

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

CONTINUED PUBLIC HEARING:  NRT Realty, LLC - 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. Morel and Anthony & Dorothy M. Dimastrantonio.  [B-2 Zone; Map 1, Block 12, Lots 4, 8. 9, 10 & 11].  (Deadline to close hearing extended to  10/14/08):

Chairman Ouellette read the description of the Public Hearing.   Appearing to discuss this Application was Attorney T. Mark Barbieri, representing the Applicant; Jay Ussery of J. R. Russo and Associates, Professional Engineer; Scott Hesketh, of F. A. Hesketh and Associates, Traffic Engineer; and Robert Trigg, President of NRT Realty, LLC, the Applicant.  Also present in the audience was the Lata Family and Attorney Tim Smith.   Attorney Louis Flynn, Attorney for Tony Dimastrantonio, also joined the meeting a short time later.

Attorney Barbieri noted the following issues pending from the previous meeting:  1)  sidewalks; and 2) additional information regarding the traffic study.

Mr. Ussery reported that after discussion with staff they are able to provide sidewalks along the frontage on Bridge Street proposed for development, and along the site driveway into the parcel.  There are also sidewalks along the frontage of Bridge Street along the properties across the street.  The Applicant will provide a crosswalk from the north side of Bridge Street across Route 140 to the site.  A 50’ strip of land remains to the south of the parcel.  Topography in that area is not good; the Applicant is not proposing to provide sidewalks in that area.  Mr. Ussery also noted there are three parcels between the 50’ strip and the parcel under discussion; as they will not be owned by the Applicant there is no proposal for sidewalks along those three properties at present.

Chairman Ouellette noted he understands the reasoning for the lack of sidewalks not under the Applicant’s control; he questioned if sidewalks could be provided in the future if the ownership changes?   Mr. Ussery felt the sidewalks could be extended at the Commission’s request, as any developer would come before the Commissioner with an application.  

Mr. Scott Hesketh, of F. A. Hesketh and Associates, opened discussion on the pending traffic issue - the queue length along Bridge Street/Route 140 for the southbound ramps of the I-91 interchange.  Mr. Hesketh presented a memo dated October 3, 2008 which summarized his findings.  Mr. Hesketh gave a detailed explanation of various components of the computer program computation, including the calculation of vehicle queue lengths.  Based on additional collection of data, and program calculations, Mr. Hesketh reported that with regard to the eastbound queue at the intersection with the southbound ramp they anticipate a reduced queue length of 475’ during the peak p.m. hours, and 395’ during the Saturday midday peak hour, which he feels is somewhat of an over-estimation of both the queue lengths and the trip generation.    As the Commission had requested additional information Mr. Hesketh reported he also looked at the saturation flow rate for the intersection.  Under ideal circumstances the saturation flow rate would be 1900 vehicles/hour/lane.  Mr. Hesketh reported they studied the area on two occasions and developed the following rates:  an afternoon saturation flow rate of 2100 vehicles/hour/lane, and a Saturday saturation flow rate of 2103 vehicles/hour/lane.  Using a default value of 2050 vehicles/hour/lane they determined the intersection would provide a level of service B or  C.    They have now determined the queue analysis to be 475’ where they were previously showing a queue analysis of 800’ to 900’.   Based on this new field data Mr. Ussery provided a topo map of the area on which he has shown both the queue length under discussion this evening - shown as a red line, and the 800’ - 900’ distance previously reported - shown as a yellow line.  Mr. Ussery noted the 800’ - 900’ range is approximately double the current calculations.   Mr. Ussery also noted the proposed site driveway is beyond the distances shown on this topo.  The Commission agreed the topo helped them understand the distances better.  Chairman Ouellette reported he is comfortable/satisfied with the revised analysis.  

Attorney Barbieri noted Town Engineer Norton has submitted a supplemental memo indicating he is comfortable with the responses to the questions asked.    

Chairman Ouellette noted the consensus of the Commission at the previous meeting was that the parking proposed by the Applicant, which is less than required by the regulations, is adequate for the site.  He reviewed the process for approval of the proposed number of parking spaces.   Town Planner Whitten concurred that the Commission has the right to vary the number of parking spaces; acceptance of the Application as proposed approves the parking as presented. A separate vote on the variance of the parking spaces is not necessary.   It was noted it was also not necessary to vote on acceptance of the sidewalks separately.

Chairman Ouellette queried if the Applicant is agreeable to the proposed conditions, which includes a condition regarding extension of the sidewalks across the three parcels not presently part of this application if those parcels were developed commercially?  Attorney Barbieri and Mr. Ussery, speaking on Mr. Trigg’s behalf, replied affirmatively.

Mr. Hesketh reported he has made a submission to the State Traffic Commission, which includes the revised traffic analysis presented this evening.

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

Chairman Ouellette questioned if the Commission need more time, or more information, regarding this Application?  The Commission felt that everything they had asked for had been submitted.

MOTION: To CLOSE the Public Hearing on the 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. Morel and Anthony & Dorothy M. Dimastrantonio.  [B-2 Zone; Map 1, Block 12, Lots 4, 8. 9, 10 & 11].  

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

MOTION TO APPROVE, the Application of NRT Realty, LLC requesting a Special Use Permit and Site Plan review for the development of a 140,000 s.f. retail facility with a 33, 000 s.f. outdoor garden center and associated parking and infrastructure in accordance with Ch VII and Section 900.2 and 900.3 of the East Windsor Zoning Regulations.  (Map 1, Block 12, Lots 4,8,9,10,11).  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:
Referenced Plans:  Proposed Retail Development Bridge Street, Rte 140, East Windsor, CT , for applicant NRT Realty, LLC 86 Anvil Drive, Avon CT 06001, prepared by J.R. Russo and Assoc., 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/ 623-2485 fax, dated 6/20/08, inclusive of the following sheets:
1/28            Cover Sheet
2/28            Boundary Plan
3&4/28  Existing Conditions Plan
5&6/28  Site Plan
7&8/28  Grading and Drainage Plan
9&10/28 Site Utility Plan
11-13/28        Landscape Plan
14&15/28        Phase 1  Erosion control Plan
16&17/128       Phase 2 Erosion control Plan
18/28           Soil Erosion & Sediment Control Notes
19&20/28        Demolition Plan
21-26/28        Detail Sheets
27&28/28        Lighting Plan

Roadway Frontage Plan prepared for NRT Realty, LLC Rte 140 (bridge St) East Windsor CT
Dated 7-15-08, scale 1”=40’, prepared by FA Hesketh & Associates, Inc. 6 Creamery Brook, East Granby CT 06026 860/653-8000, 860/844-8600 fax fahesketh.com

-Conditions which must be met prior to signing of mylars:

1.      All final plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans.

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

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

3.      Two final mylars, with any required revisions incorporated on the sheets shall be

submitted for signature of the Commission.  One shall be filed on the Town Land Records, and  one filed with the Planning and Zoning Department

4.      Special Use Permit shall be filed on the land records in the Town Clerks Office.

5.      A zoning permit shall be obtained prior to the start of any work.  No zoning permit shall be issued until a cash or passbook bond for landscaping and 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.

Conditions which must be met prior to certificates of compliance:

6.      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.  

7.      All landscaping should be planted, healthy, and in place.  

8.      All erosion controls shall be enforced, or removed if areas of disturbance have been stabilized.        

General Conditions:

9.      In accordance with Section 900.3.h of the Zoning Regulations, any approval of a site plan application shall commence the construction of buildings within one year from the date of approval, and complete all improvements within five years of the date of approval, otherwise the approval shall become null and void, unless an extension is granted by the Commission.

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

11.     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.

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

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

14.     By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town Staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.

Additional Conditions:

15.     Additional glare protection shall be added to light fixtures to further shield abutting neighbors from glare.

16.     Trees to be planted in front of west facing retaining wall between detention area #  and the building shall be 6-7’ tall (min.) when planted.

17.     Applicant agrees to grant access to abutter if needed where access easement has been abandoned.

18.     Deliveries to the site shall be restricted to hours of operation, which are 7:00 am to 11:00 pm.

19.     Refuse pick up shall be restricted to the hours of 7:00 am to 7:00 pm.

20.     Sidewalks will be required over 50’ wide strip if and when the properties to the        east are developed commercially.

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

NEW HEARING:  Daniel M. Bell1-lot subdivision and Special Use Permit/Rear Lot at 228 Scantic Road, owned by Eileen Bell.  [A-1 Zone; Map 34, Block 22, Lot 27]. (Deadline to close hearing 11/18/08):

Chairman Ouellette read the hearing description.  Town Planner Whitten noted the Applicant needs to table this hearing as they are waiting for the North Central Health District approval.

MOTION: To TABLE the Application of Daniel M. Bell for a 1-lot subdivision and Special Use Permit/Rear Lot at 228 Scantic Road, owned by Eileen Bell.  [A-1 Zone; Map 34, Block 22, Lot 27].

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

NEW HEARING:  Proposed Text Amendment to Section 502 Permitted Uses In Business & Industrial Districts, to allow Day Care Facilities in an M-1 Industrial District.

Chairman Ouellette read the hearing description.  Town Planner Whitten reported this text amendment was something the Applicant had applied for prior to the revision of the new regulations.   The Commission was on board with the proposal, which has been heard, reviewed, acted on and filed, but the use was not put in the chart for the rewritten regulations.  The request is to have a daycare center under a Special Use Permit as an accessory use to an athletic club or hotel located within an industrial district.  Town Planner Whitten recalled that some concerns were raised with regard to traffic and possible conflict with trucking terminals in the same vicinity but under a Special Use Permit both those issues could be controlled.  Chairman Ouellette clarified that the proposal would allow this use townwide; such a use could be proposed for Thompson Road.  The Commission would have to consider each proposal as a separate case.

Town Planner Whitten noted this proposed text amendment has been referred to CRCOG; they have found no conflict with the proposal.

Chairman Ouellette queried the audience for comments; no one requested to speak.
MOTION: To CLOSE the Public Hearing on the :  Proposed Text Amendment to Section 502 Permitted Uses In Business & Industrial Districts, to allow Day Care Facilities in an M-1 Industrial District.

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

MOTION TO APPROVE of Town of East Windsor, proposing a text amendment to Section 502  to allow Day Care Facilities, including Nursery Schools by Special Use Permit in M-1 zone

Effective Date:
The proposed change shall become effective once filed on the land records.  

Conditions:

1.      A copy of the final motion and text amendment shall be filed in the Office of the Town Clerk on the effective date by the applicant.  Said amendment shall bear the signatures of the Chairman and Secretary of the Commission, and the approval and effective date of the amendment.  

Reasons for Granting this request:  Chairman Ouellette noted he voted in favor of the amendment for the reasons stated in Town Planner Whitten’s memo:  That the amendment request is complete, and contain all required application information; that the amendment will promote the public’s health, safety and general welfare; and hat any amendment to the Zoning Regulations is appropriately worded, legally sound, comprehensive, and consistent with other regulatory provisions.  Commissioners Devanney, Farmer, and Thurz concurred with Chairman Ouellette’s comments.

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

NEW HEARING:  Four Fathers, Inc., dba Sports WorldSpecial Use Permit to allow a Child Day Care Center at the Sports World Complex at 226 Main Street, East Windsor, owned by Michael Fioretti.  [M-1 Zone; Map 4, Block 12, Lot 301].  (Deadline to close hearing 11/18/08):

Chairman Ouellette read the hearing description.  Appearing to discuss this proposal was Mike Fioretti and Mike Chechette, owners of Four Fathers, Inc. dba Sports World, and Kristen Bruno, head teacher for the proposed facility.  

Mr. Fioretti reported that during the day there is not a lot going on at the facility as most of the activities occur during the evening.  A proposal for a day care facility has always been anticipated; they are proposing a facility for 20 to 25 children aged 3, 4, and 5.  The plan is to close the facility to everyone from the outside from 7:00 a.m. to 5:00 p.m. when the day care will be in session.   As there are some activities that occur between 4 p.m. and 6 p.m. they plan to separate the building and have a separate entrance for those activities and a separate entrance for the day care facility.

Town Planner Whitten questioned if there would be any outside area for the children to use?   Mr. Fioretti reported they would probably initially use the area which is currently enclosed with a 4’ high fence, and may move outside activities to the volleyball court in the Spring.  

Chairman Ouellette questioned if parking at the facility is still a problem?  Mr. Fioretti replied affirmatively, noting that on rare occasions they can utilize the “municipal lot” at the police station.  Mr. Chechette noted that they plan to target a drop off area which they delineate with cones for people dropping off and picking up their children.  Town Planner Whitten noted they have had discussions about revising their site plan to reduce the parking problems.

Chairman Ouellette recalled that at one time the Applicants had come before this Board with a proposal for a liquor permit; he questioned if that remains part of their business plan?   Both Mr. Fioretti and Mr. Chechette replied negatively; noting they were trying to address requests from an adult clientele.  As the business has evolved they realize that isn’t a good match.

Commissioner Devanney if they have discussed use of the emergency entrance as a permanent ingress and egress with the Fire Marshal and Building Official?  Mr. Fioretti indicated they will review the issue with the Building Official; they could go out the front door and follow the walkway around to the day care entrance.  Commissioner Devanney didn’t feel this was a significant issue but they may need to provide a second entrance.

Commissioner Farmer liked the proposal but noted there are no sidewalks from the municipal lot to the facility; that really isn’t a good solution, especially in the Winter.  Chairman Ouellette noted parking along the driveway isn’t a good solution either.  While the additional parking may not be an issue with this Application the overall issue of parking needs to be addressed.                

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

MOTION: To CLOSE the Public Hearing on the Application of Four Fathers, Inc., dba Sports World for a Special Use Permit to allow a Child Day Care Center at the Sports World Complex at 226 Main Street, East Windsor, owned by Michael   Fioretti.  [M-1 Zone; Map 4, Block 12, Lot 301].  

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

MOTION TO APPROVE, Application of Four Fathers, Inc. d.b.a. Sportsworld,  requesting a Special Use Permit to allow a Child Day care facility to be operated at the Sportsworld Complex located at 226 Main Street in the M-1 Zone. (Map 04, Block 12 Lot 30A).  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:


Referenced Plans:

Site Plan of Sportsair, recreational sports complex, 226 Main St, East Windsor prepared by Robert J. Arsenault, PE Civil Engineering Services, 19 Conell St. Manchester, CT 06040, 860/432-0656,  432-0656 fax, dated 11/15/02, last revised 02/17/04, scale 1” = 40’.

AS Built drawing floor plan for East Windsor Sportsworld Interior Layout, 202 Main St East Windsor prepared by Capital Studio Architects, LLC, 1379 Main St, East Hartford, CT 06108, dated 11/16/04.

-Conditions which must be met prior to signing of mylars:

1.      All final plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans.

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

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

3.      Two final mylars, with any required revisions incorporated on the sheets

shall be submitted for signature of the Commission.  One shall be filed on the Town Land Records, and  one filed with the Planning and Zoning Department  -( not required if no changes to site plan are proposed)

Conditions which must be met prior to certificates of compliance:

4.      All public health and safety components of the project must be satisfactorily completed prior to occupancy. In cases where all public health and safety components have been completed, the Zoning Officer may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.  

General Conditions:

5.      In accordance with Section 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.

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

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

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

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

10.     By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town Staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval

11.     Cars may not at anytime be parked in landscaped or non-paved areas, unless approved as such on the site plan.

12.     All required landscaping shall be adequately maintained.

MOTION: TO TAKE A FIVE MINUTE BREAK.

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

The Commission RECESSED at 8:36 p.m. and RECONVENED at 8:45 p.m.

NEW BUSINESS:  Southern Auto Sales, Inc. – Modification of Approved Site Plan to allow construction of a 2,304 square foot building addition at 205 South Main Street, owned by LCC Partnership.  B-1 & A-1 Zones; Map 34, Block 22, Lot 4] (Deadline for decision 11/13/08):

Chairman Ouellette read the description of this Item of Business.  Appearing to discuss this proposal was Attorney T. Mark Barbieri, representing the Applicant, and Jay Ussery of J. R. Russo and Associates.  

Mr. Ussery reported this site currently contains two previous tobacco sheds which have been converted to auto use.  Building B is used by Hondo Motor Cars for review of vehicles coming through for auction, necessary repairs are written up and the vehicles sent on to be reconditioned, etc.  Hondo needs a second lane; they are proposing a 96’ by 24’ addition which will include sanitary facilities.  There is no increase in impervious coverage as the area is all impervious now; there will be a slight increase – 1/10th of 1%  - in building coverage.  The addition has been approved by the North Central Health District; Town Engineer Norton has reviewed the proposal and has no concerns.  Mr. Ussery described the various points of access to the site, and the various uses of same – some are used by employees to move from this site to the main auction site without going onto the main roads.  Mr. Ussery noted the front building has always been a “write-up” building for vehicles being dropped off at 205 Main Street from various dealers, and has also been used for security.   The back bard has been used by Honda for a number of years.  Attorney Barbieri reported this proposal also keeps the employees out of the weather while they do the vehicle inspections.

MOTION TO APPROVE Application of owner Southern Auto Sales, Inc for a site plan modification to build an addition to a barn located at 205 South Main Street.  Zones B-2 & A-1,  Map 34, Blk 22 Lot 4.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:

Referenced Plans:

-       Sheet 1 of 3– Cover Sheet – Southern Auto Sales, Inc, 205 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 J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 06088 860/623-0569 fax: 860/ scale: 1”=400', dated 9/8/08

-       Sheet 2 of 3 -  Site Plan , scale 1” = 40’
-       Sheet 3 of 3 – Detail Sheet

Conditions which must be met prior to signing of mylars:

13.     All final plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans.

14.     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:

15.     One set of final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  Mylar shall be filed in the Planning and Zoning Department.

16.     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:

17.     Final grading and seeding shall be in place or a bond for the unfinished work submitted.

18.     Final as-built survey showing all structures, pins, driveways and final floor elevations as well as spot grades shall be submitted.

19.     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:

20.     In accordance with Section 900.3.h of the Zoning Regulations, any approval of a site plan application shall commence the construction of buildings within one year from the date of approval and approval shall become null and void, unless an extension is granted by the Commission.

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

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

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

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

25.     By acceptance of this approval and conditions, the applicant, owner and/or their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval

26.     Any/All required landscaping shall be adequately maintained.
Devanney moved/Farmer seconded/VOTE:  In Favor:  Unanimous

BUSINESS MEETING/(1)  Fee Schedule (tabled).

BUSINESS MEETING/(2)  Correspondence:  None

BUSINESS MEETING/(3)  Staff Reports:  None

APPROVAL OF MINUTES/September 9, 2008:

MOTION: To APPROVE the Minutes of Public Hearing #1534 dated September 9, 2008 as written.

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

SIGNING OF MYLARS/PLANS, MOTIONS:       None.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at  9:00 p.m.

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

Respectfully submitted,
_______________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Planning & Zoning Commission