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October 28, 2008 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1537
October 28, 2008


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



The Meeting was called to order by Chairman Ouellette at 7:00 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 [arrived at 7:02 p.m.], Gowdy and Ouellette) and two Alternate Members (Thurz and Tyler) were present.  
The Commission currently carries one vacancy for a Regular Member.  Chairman Ouellette noted Alternate Commissioner Tyler 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 Cellco Partnership d/b/a Verizon Wireless for Site Plan Approval to establish a wireless telecommunications facility on the existing water tank located at 41 Depot Street, owned by Connecticut Water company.  [B-1 Zone; Map 23, Block 44, Lot 35].              

2)      Application of Youghiogheny Communications NE, LLC d/b/a Pocket Communications for Site Plan Approval for wireless communications antennas per Section 804, to be located on existing water tank, and associated equipment sheds, located at 104 Prospect Hill Road, owned by Connecticut Water Company.  [R-3 Zone; Map 5, Block 17, Lot 38].

LEGAL NOTICE:

The following Legal Notice, which appeared in the Journal Inquirer on Friday, October 17, 2008, and Friday, October 24, 2008, was read by Chairman Ouellette:

1.)     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].

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  Metro Park North - Request from Mark W. Friend of Megson & Heagle, (on behalf of White Diamond) for release of bonds for parking lot expansion:

Chairman Ouellette read the description of this Item of Business.  Chairman Ouellette noted receipt of the following:  1) letter dated October 23, 2008 from Mark W. Friend requesting release of bonds associated with the captioned project, and 2)  supplemental memo from Town Engineer Norton recommending retention of $2,500 to ensure stability of a slight erosion control problem.

MOTION: To RECOMMEND that one-half of the Erosion Control Bond - or $2,500 - be released at this time.

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

CONTINUED HEARING:  Daniel M. Bell - 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]  (Deadline to close hearing 11/18/08):

Chairman Ouellette read the Hearing description.  Town Planner Whitten noted the

Applicant continues to wait for a decision from the North Central Health District.

MOTION: To CONTINUE the Public Hearing on 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] until the Commission’s next regularly scheduled meeting on November 10, 2008, at 7:00 p.m. at Scout Hall, 28 Abbe Road, East Windsor, CT.

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

MOTION: To GO OUT OF ORDER and take Agenda Item - NEW BUSINESS:  Yougiogheny Communications NE, LLC d/b/a Pocket Communications - Site Plan Approval for wireless communications antennas per Section 804, to be located on existing water tank, and associated equipment sheds, located at 104 Prospect Hill Road, owned by Connecticut Water Company.   [R-3 Zone; Map 5, Block 17, Lot 38]   (Deadline to close 1/1/09).

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


NEW BUSINESS:  Youghiogheny Communications NE, LLC d.b.a Pocket Communications - Site Plan Approval for wireless communications antennas per Section 804, to be located on existing water tank, and associated equipment sheds, located at 104 Prospect Hill Road, owned by Connecticut Water Company.  [R-3 Zone; Map 5, Block 17, Lot 38]  (Deadline for decision 1/1/09):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Bobby Carter, representing Youghiogheny Communications.

Mr. Carter reported Pocket Communications is a new cell phone company located in Texas which has received an FCC license to sell service in Connecticut.  They are building their network around existing structures and have looked at over 300 sites in Connecticut already.  The water tank owned by the Connecticut Water Company is the location of other servers; Pocket Communications proposes to locate three antennas on the water tank as well.  All the servers are on different frequencies and don’t interfere with each other.  Instead of an equipment shed they would be installing a 36 square foot cabinet on a concrete foundation within the existing fenced in area.  Mr. Carter indicated Pocket Communications is also looking at sites at Depot Street and the Crop Production plant (Chamberlain Road).   

Commissioner Tyler questioned if the proposed antennae would be higher than the water tower?  Mr. Carter replied negatively.

Commissioner Devanney noted the public safety antennae are located on the water tower

as well.  Town Planner Whitten reported the public safety antennae is on a separate tower.

MOTION TO APPROVE the Application of Youghiogheny Communications NE, LLC, d.b.a. Pocket Communications, and owner Connecticut Water Co., requesting a site plan approval for  wireless communications antennas per Section 804, to be located on existing water tank, and associated equipment sheds and improvements, located at 104 Prospect Hill Road, East Windsor, CT. [Assessors Map 5, block 17, Lot 38] R-3 zone.. This approval is granted subject to conformance with the referenced plans (as may be modified by the conditions) and the following conditions:

Referenced Plans:

01      Title Sheet with location map – Pocket Smart wireless, HFCT1456G, 104 Prospect Hill Road, Water Tank,  prepared by URS Corporation AES, 500 Enterprise Drive, Rocky Hill, CT 06067, dated 8/21/08, last revised 10/01/08
02      Site Plan, Detail and Notes
03      Water Tank Elevation, Antenna Plan and Details
04      Antenna and Cable Tray Details

05      Grounding details
06      Grounding Plan and details
07      Electrical Details

Conditions that must be met prior to signing of mylars:

1.      The applicant shall submit a paper copy of the final approved plans to the Town         Planner for review and comment prior to the submission of the final mylars.

2.      One set of mylars shall be submitted to the Commission for signature.  All plans shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans. (One paper set of the structural plans shall be submitted for signature.)

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

4.      A Zoning Permit for site work , inclusive of shed, must be applied for and approved prior to the start of construction. Two sets of the final approved plans shall be submitted at this time.

5.      A detailed sediment and erosion control plan for the entire development shall be

submitted at the time of application for the site improvement Zoning Permit.  The plan shall include the engineers estimated costs for E&S controls.  The Town Engineer will review the plan and cost estimates and will set the E&S bond amount.

6.      Additional requirements and procedures may be implemented by the Town Planner.

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

7.      Site improvements must be completed or bonding in place.

8.      Final grading, seeding, landscaping shall be in place or the E&S bond will not be released or reduced.

9.      Additional bonding may be required by the Planning Department.

10.     All state inspection fees must be paid.

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

11.     A paper copy of the final as-built survey showing all structures, pins, roads, walks, driveways, drainage systems, and final floor elevations as well as spot grades shall be submitted and approved by the Town Planner.

12.     A final as-built mylar shall be submitted and signed by the Commission.

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 Official may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.  

General Conditions:

14.     This site plan approval shall expire five years from date of approval.  Failure to complete all required improvements within that time shall invalidate the approval. The developer may request an extension of time to complete the improvements from the Commission, in accordance the Connecticut General Statutes. The Commission shall require proper bonding be in place prior to the approval of any such extension.

15.     This project shall be constructed and maintained in accordance with the

referenced plans.  Minor modifications to the approved plans that result in lesser impacts may be allowed subject to staff review and approval.

16.     Any modifications to the proposed drainage or grading for the resubdivision is subject to the approval of the town engineer.

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

18.     All improvements and development must be performed in accordance with the East Windsor Zoning Regulations and applicable Town policies.

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.

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


NEW HEARING:  Gaeton Letourneau - 2-lot Resubdivision of property located on Hayfield Lane (Norton’s Crossing).  [R-2 Zone; Map 31, Block 40, Lot 17]  (Deadline to close hearing 12/2/08):

Chairman Ouellette read the Hearing description.   Appearing to discuss the Application was Gaeton Letourneau.  

Mr. Letourneau recalled that originally they had proposed a 12 lot subdivision; the North Central Health District (NCHD) was ok with 10 lots but wanted additional monitoring on the remaining 2 lots.   They decided to go with the 10 lots initially, and return for the remaining 2 lots when the monitoring was completed.  The last 2 lots have perked out ok; Mr. Letourneau is before the Commission seeking approval for these 2 lots.

Town Planner Whitten noted the receipt of a memo dated September 29, 2008 from Town Engineer Norton indicating he takes no exception to the plans as submitted.   

Town Planner Whitten noted the Open Space offered during the original hearing takes into consideration the full 12 lot build-out.   Mr. Letourneau concurred, noting the drainage calculations were based on the 12 lots as well.  It was noted a Conservation Easement was also offered on the south end of the parcel but as the area didn’t serve the purpose of Open Space a fee of $2,000/lot in lieu of open space was paid as well.  

Town Planner Whitten clarified that the Commission is approving everything that applied to the original subdivision approval - all of the same conditions and the same waivers are being carried over for the resubdivision approval.


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

MOTION: To CLOSE the Public Hearing on the 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] .

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

MOTION TO APPROVE waivers of the following subdivision regulation sections:
Section 6.3-  to eliminate sidewalks as no other sidewalks exist in the area;
and require a fee in lieu of sidewalks equaling 40% of the estimated cost of installation, to be accepted by Town engineer Norton
Section 6.5 - to eliminate curbing along Rye Street and Norton Road, as there is no other curbing along these existing streets
Appendix 2, #9 – Plastic Pipe in lieu of Concrete pipe, with the approval of Town Engineer Norton
Section 5.7 – to not require a Landscape Architect as all existing vegetation will be preserved.

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

MOTION TO APPROVE a fee in lieu of open space in the sum of $2,000.00 per lot.  

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

MOTION TO APPROVE  the application of Gaeton Letourneau for a 2  lot  re-subdivision at property located between Norton and Rye Streets, a.k.a. Map 31, Block 40, Lot 17, in the R-2 Zone.  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:

“Resubdivision Plan, Norton’s Crossing Re-Subdivision”, Cover sheet - prepared for Letourneau Builders, East Windsor, Connecticut, prepared by Aeschliman Land Surveying, PC 1379 Main Street, East Hartford, CT 06108, 860/528-4881, dated 5/29/08 last revised 8/5/08

Sheet 2/2       Topographic Map 

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.      A $2,000 fee per lot, payable to the Town Treasurer, is not paid prior to the filing of the final mylars, the mylars shall contain a clearly visible notation for each applicable lot stating, “Any sale or transfer of this property within five (5) years of the original (re)subdivision approval to a person not exempt under section 7.10 of East Windsor’s Subdivision Regulations shall result in the liability of payment ($2,000) to the Town of East Windsor for the total fee as defined in Section 7.6 of East Windsor’s Subdivision Regulations”.

4.      Landscaping details shall be shown on the plans.

5.      Light post location shall be shown on the plans

6.      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:

7.      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, 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, shall be filed in the Planning and Zoning Department.

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

9.      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.

10.     Deeds for conservation easements and drainage easement must be approved by the Town and filed on the land records prior to any permits being issued.  It is best if these are filed with the mylars.

11.     All conservation easement medallions shall be installed along the actual        

conservation boundary.  Said markers shall be installed every 50 feet on 4” x 4”                 pressure treated posts, set in concrete. (medallions available in planning office)

12.     Any or all buildings, collapsed barns etc. must be removed prior to obtaining a zoning permit.

Conditions which must be met prior to certificates of compliance:

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

14.     Final Health District approval of the drinking water supply must be demonstrated.

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

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


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

18.     Final as-built survey showing all structures, pins, driveways, final floor elevations, and grading must 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.     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 at least one month in advance of the expiration date 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.

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

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


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

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

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

26.     Should the property transfer ownership 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.

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

BUSINESS MEETING/(1)  The Connecticut Housing Program for Economic Growth:

Town Planner Whitten recalled the Commission had heard a presentation on this subject previously.  She is asking for direction from the Commission.  These would be higher density projects; affordable housing would be included in the building mix.  The availability of sewer and    water would be required for these projects; for 90% of the time these projects would need to be built in the Sewer Service Areas, but the Commission would determine which areas of town would be feasible for these projects.  The next step would be to send a recommendation to the Board of Selectmen to request their agreement for Town Planner Whitten to apply for a grant; any money received as a grant would be spent on a study to determine the feasibility of such projects.

MOTION: To RECOMMEND Town Planner Whitten draft a memo to the Board of Selectmen to go forward with the HOMEConnecticut Public Act 07-4, Sec. 33, 38-49 and pursue a grant for the Connecticut Housing Program for Economic Growth.

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

BUSINESS MEETING/(2)  The Mansions at Canyon Ridge - Floor Plan Change:

Town Planner Whitten reported that each building in this project contains 10 units.   As approved each building would contain 6 two bedroom units and 4 one bedroom units.   The developer would like to take 2 of the two bedroom units and make them one bedroom units, which would change the mix to 4 two bedroom units and 6 one bedroom units.  Town Planner Whitten noted the footprint of the building doesn’t change; there is less impact; the square footage of the units doesn’t change.  She indicated the developer

can’t building these units fast enough, even with the economy as it is.  The people renting these apartments prefer one large bedroom.

Commissioner Tyler indicated the Water Pollution Control Authority (WPCA) is requiring one hook up per dwelling unit; the number of bedrooms per unit is not the deciding factor.   Town Planner Whitten will ask the developer to review this proposal with the WPCA.

The consensus of the Commission was in favor of this change; no motion was made.

BUSINESS MEETING/(3)  Fee Schedule:     Tabled.

BUSINESS MEETING/(4)  Correspondence:   Reviewed by Chairman Ouellette.


BUSINESS MEETING/(5)  Staff Reports:

A copy of the Commission’s bylaws was provided; the Commission postponed review until the next meeting.

BUSINESS MEETING/(6)    Election of Officers:

MOTION: To KEEP THE PRESENT POSITIONS - Joseph Ouellette as Chairman, Frank Gowdy as Vice Chairman, and Lorraine Devanney as Secretary.

Gowdy moved/Tyler seconded

MOTION: MOVE THE NOMINATIONS BE CLOSED

Devanney moved/Tyler seconded

MOTION: MOVE THAT THE SECRETARY CAST ONE BALLOT FOR THE                         ELECTED SLATE.

Tyler moved/Devanney seconded

MOTION: To CAST ONE VOTE FOR THE POSITIONS AS STATED.

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

APPROVAL OF MINUTES/October 14, 2008:

MOTION: To APPROVE the Minutes of Public Hearing #1536 dated October 14, 2008 as amended.

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

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at  7:53 p.m.

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

Respectfully submitted,
___________________________Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission