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

Public Hearing #1538
Monday, November 10, 2008

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

The Meeting was called to order by Chairman Ouellette at 7:11 P. M. in Scout Hall Youth Center, 28 Abbe Road, East Windsor, CT.

ESTABLISHMENT OF QUORUM:

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

1)      Youghiogheny Communications NE. LLC d/b/a Pocket Communications - Site Plan Approval for wireless communications antennas to be located behind Hot Cakes on South Main Street on existing tower owned by James Balch d/b/a All American Products.

LEGAL NOTICE:

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

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE, ETC. - Mitchell Subdivision  - Letter from Wayne Christopher Gerlt withdrawing application for proposed subdivision located at 96 Griffin Road:

Chairman Ouellette noted receipt of letter dated November 3, 2008 from Attorney Wayne Christopher Gerlt requesting withdrawal of the Application for subdivision located at 96 Griffin Road.  Town Planner Whitten reported the Applicant is not able to acquire a hook-up for sewer service; they will need to install a septic system.

MOTION: To DENY WITHOUT PREJUDICE the Application for the Mitchell Subdivision located at 96 Griffin Road.

Gowdy moved/Thurz 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):

Town Planner Whitten noted receipt of letter from Daniel Bell requesting a 30 day extension of his Application; he expects to have approval from the North Central Health District shortly.

MOTION: To CONTINUE the Application of 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] until the Commission’s Meeting to be held on December 9, 2008 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

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

NEW HEARING:  Southern Auto Sales, Inc. - Special Use Permit for an inventory holding area to be located at 161 South Main Street.  [B-2 & A-1 Zones; Map 34, Block 21, Lot 66] (Deadline to close hearing 12/15/08):

Appearing to discuss this Application was Attorney T. Mark Barbieri, representing the Applicant, Southern Auto Sales, Inc.; Jay Ussery, of J. R. Russo & Associates; Larry Tribble, owner of Southern Auto Sales, Inc.; and available in the audience was Rick Nadeau also of Southern Auto Sales, Inc.

Attorney Barbieri noted the notices and green cards/certified mail receipts have been submitted to the Planning Office.  He also submitted an affidavit for signs, and a copy of Town Engineer Norton’s latest memo for the file.

Mr. Tribble requested to speak.   He reviewed the history of Southern Auto Sales, noting they have been doing business in town for 62 years.  Mr. Tribble reported the business receives an influx of cars, especially in November and December, and he needs additional space to store the vehicles while they wait to go through the auction process.   He has considered various options for additional storage, including a parking garage.  He has recently had to tell a customer he can’t take additional vehicles.  Mr. Tribble noted they have been working on this project for approximately two years.  They have had difficulty getting the area seeded and getting the trees to take hold; they are trying to blend in with the neighborhood so people don’t have to look at the vehicles they sell.  They try to take the concerns of the neighbors seriously; they are not proposing lighting for this area.  Mr. Tribble reported they are proud to be part of East Windsor; their finished product is good because they don’t take shortcuts.  They are current with their taxes, and do not receive any exemptions or tax abatements.  They pay their taxes the same as everyone else does.

Mr. Tribble noted this area is the last large area available for expansion; he does not come to this Committee if he doesn’t need an area.  

Attorney Barbieri reported this 40 acre site will be attached to the Southern Auto Sales (SAS) main campus.  Of the total 213 acres owned by SAS 56 acres are zoned A-1.  Mr. Ussery noted the subject parcel is part of the A-1 zoned land.  SAS has received a permit from the Inland/Wetlands Commission for this proposal.  Mr. Ussery referenced page 2 of the plan set, noting the location of the main campus, including 20 auction lanes, at 161 South Main Street, and the subject parcel in relation to South Main Street and the main campus.  He further described the subject parcel, noting it contains a farm pond to the east, various pockets of wetlands, and the berm and gated emergency access along Phelps Road.  

Mr. Ussery noted the parcel drains in three different directions; he referenced those areas on the plan set and described the current direction of flow.  He suggested it’s important to keep the water flowing in the same direction as it currently flows, as they all feed different watercourses and resource areas.  Mr. Ussery noted the regulations require that they create a zero increase in the peak flow; he noted they have accomplished that in all areas during 5 year to 100 year storms.  They are creating three water quality treatment basins which will contain wet bottoms, which is the preferred Department of Environmental Protection design.  The basins will be approximately four feet in depth at the center, and decrease as they approach the aquatic bench where the depth is twelve inches.  They are planting a wetlands seed mix within these basins which will remove pollutants and sedimentation.  There is no plan to fence in the basins as fences would be a deterrent to wildlife migrating to the basins.  Attorney Barbieri also noted the vegetation becomes very thick as it grows which also shields the basins.  Mr. Ussery indicated security fencing will run along the back of the berm, but they don’t anticipate fencing the perimeter of this parcel as it’s difficult to run fence through the woods.  SAS maintains 24 hour security which keeps most of the problems under control.  

Mr. Ussery indicated the inventory holding area would be a paved long-term storage lot.  The inventory holding lot will not be lighted; no lighting would be visible from Phelps Road, or the neighborhood.  There was some discussion with staff regarding possible alternative surfaces.  Mr. Ussery noted the parcel contains a high water table and clay soils, and does not drain well.  The parcel was difficult to farm in a wet year.  All alternative surfaces considered have their merits but all require good drainage to get the water to go back into the ground.  Because of the clay and the high water table that condition doesn’t exist on this parcel.  There will not be any delivery or dropping off of cars in this inventory holding area.  Vehicles are off-loaded at 161 South Main Street during normal business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday and will be transferred individually to this inventory holding area by SAS staff for storage.

Mr. Ussery indicated there would not be any access to this inventory holding area from Phelps Road; everything would come in through 161 South Main Street.  They are proposing to maintain a security gate/emergency access gravel drive with locked and gated entrance for emergency use only.
Mr. Ussery noted there is always a concern for leakage of fluids from these vehicles.   If this were a Walmart parking lot where vehicles come and go frequently and are hot and cold frequently you would get leakage.   90% of these vehicles are one to two years old and have less than 50,000 miles; as a long-term storage lot the vehicles wouldn’t be moved that frequently.  Should leaks occur SAS has a spill team who deals with leaks, such as might occur from blown hoses, etc. on the car carriers.  

Mr. Ussery noted another concern is the use of salt and sand.  This lot is proposed for a long-term storage lot; salt and sand would not be used as there is not that much activity until the vehicles are moved to auction.  There will be minimal snow removal, as the plowing contractors will plow only the aisles between rows of car.

Mr. Ussery indicated the landscaping berm is already in place.  They have reworked the shrubs and added more trees and irrigation.  They have added additional plantings around the basins at the request of the Inland/Wetlands Commission as they didn’t want to see plowed snow being deposited in the basins, which would disturb the wetlands vegetation.  They are adding screening near the farm pond to prohibit visibility of this lot from Phelps Road.  

Mr. Ussery noted Town Engineer Norton has reviewed the plans, and has indicated that his concerns have been addressed.    Attorney Barbieri noted the plans include a Maintenance Schedule and notations, including a five year review/monitoring of invasive plants around the basins at the request of the Inland/Wetlands Commission.  

Attorney Barbieri indicated that this proposal complies with all provisions of Section 8.15 - Inventory Holding Areas; he felt Town Planner Whitten concurred with his opinion.

Chairman Ouellette questioned if someone driving west on Phelps Road would be able to see any of the vehicles on the paved area?  Mr. Ussery felt the only area where any visibility might occur would be near the farm pond.  The farm pond and Phelps Road is 500’ from the inventory holding area.  As an additional precaution they could bring in a line of evergreens from the back of the berm along behind the farm pond and tie the tree line to the existing woods.  

Chairman Ouellette questioned the number of cars this inventory holding area might hold?  Mr. Ussery calculated approximately 2,250 vehicles.

Commissioner Thurz questioned if there are any concerns for flooding on Phelps Road?  Mr. Ussery indicated the lowest point on Phelps Road is near the farm pond; the residential property to the east will not be affected by any drainage from this site.  

Chairman Ouellette queried the Commissioners for additional comments; Commissioners Gowdy and Thurz had no additional concerns.

Chairman Ouellette queried the audience for comments.  There were members of the audience present; no one requested to speak.  

Town Planner Whitten indicated she is impressed with the water quality basins being proposed; the Applicant has gone above and beyond what is required.  They did explore other pervious paved options, but if there isn’t infiltration now these options won’t work later.  

Chairman Ouellette questioned if an additional row of abrovitae could be planted on the northeast quadrant?  Town Planner Whitten suggested that requirement be added as a condition at the discretion of staff if a visual hole is found to exist after construction.   She noted it may not be good from the Inland/Wetlands perspective to have trees in that area.

Chairman Ouellette queried the audience again for comments.  There were members of the audience still in attendance; no one requested to speak.

Chairman Ouellette questioned if the State Traffic Commission has requested to review their permit?   Mr. Ussery indicated they would send this proposal in for review automatically, but this is not really more parking.  This is bringing in more inventory holding area to store more vehicles, but they need to bring in the trucks to bring the vehicles there.  He suggested it would be equated to an increase in truck traffic associated with the delivery of cars.  

MOTION: To CLOSE THE PUBLIC HEARING on the Application of Southern Auto Sales, Inc. for a Special use Permit for an inventory holding area to be located at 161 South Main Street.  [B-2 & A-1 Zones; Map 34, Block 21, Lot 66].

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

MOTION TO APPROVE, the Application of Southern Auto Sales, Inc. for a Special Use Permit/Site Plan Approval for an inventory holding area to be located at 161 South Main Street [B-2 & A-1 zones; Map 34, Block 21, Lot 66].   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 /10 – Cover Sheet/Location Map – Southern Auto Sales, Inc., Inventory Holding ,161 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/last revised 11/03/08

-       2/10 -   General Location Survey - scale 1” = 200’, 10/02/08

-       3/10 -   Lot Line Reconfiguration Plan
-       4-6/10 - Site Plan, 1” = 40’  

-       7/10 -   Erosion and Sedimentation Control notes

-       8-10/10 -  Detail Sheet

Conditions which must be met prior to signing of mylars:

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

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

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

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

Conditions which must be met prior to certificates of compliance:

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

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

7.      All public health and safety components of the project must be satisfactorily 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:

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

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

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

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

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

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

14.     Any/All required landscaping shall be adequately maintained.

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

16.     All required landscaping shall be adequately maintained.

Additional Conditions:

17.     Inventory Holding Area site must be merged with main Southern Auto Sales campus.

18.     Location of Security fencing shall be shown on plans.

19.     Additional landscaping buffer may be required along the northeast corner of detention basin #3, to be determined by staff in future, after initial development.

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

NEW BUSINESS:  Cellco Partnership d.b.a. Verizon Wireless - 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]  (Deadline for decision 1/1/09):
Appearing to discuss this Application was Attorney Ken Baldwin of Robinson and Cole, representing the applicant, Cellco Partnership d/b/a Verizon Wireless.  

Attorney Baldwin indicated that Cellco would be the third carrier to utilize the Connecticut Water Company tower for antenna installation; AT&T and Sprint currently use the tower.  Cellco’s installation would include 12 antennas which would be attached to the catwalk of the water tank 105’ above ground level.  They would also be installing a 12’ x 30’ equipment shelter and an emergency back-up propane generator which is more environmentally friendly and quieter.  They have acquired a variance for distance to the nearest single family residence; Mill Pond Village is to the east and north.  They will paint the antennae to match the existing antennas.   Installation of these antennae will not interfere with the local emergency equipment which is on a separate tower.    

Chairman Ouellette noted there is a gravel road around the perimeter of the water tower; he questioned if there had been any review by the Fire Marshal?   Town Planner Whitten noted plans had been sent to the Fire Marshal for review.

Town Planner Whitten noted the only concerns/discussion that has occurred was the residents are concerned with the condition of the road, but the road is a right of access to the site; that has nothing to do with this Application.

MOTION TO APPROVE the Application of Cellco Partnership d/b/a Verizon Wireless, 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 41 Depot Street, East Windsor, CT. [Assessors Map 23, block 44 Lot 35] B-1 and R-2 zones. This approval is granted subject to conformance with the referenced plans (as may be modified by the conditions) and the following conditions:

Referenced Plans:

T1      Title Sheet with location map – Cellco Partnership dba Verizon Wireless Communications Facility, East Windsor N 41 Depot St, East Windsor, Broad Brook, CT , prepared by Natcomm Consulting Engineers 63-2N Branford Rd, Branford CT 06405, dated 10/1/08, last revised 10/16/08

C1      Site Plan03     Water Tank Elevation, Antenna Plan and Details

C2      Partial site Plan

C3      Antenna Mounting 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/Thurz seconded/VOTE:  In Favor:  Unanimous

BUSINESS MEETING/(1)  Fee Schedule:     (Tabled)

BUSINESS MEETING/(2)  Correspondence:   None.

BUSINESS MEETING/(3)  Staff Reports:

Town Planner Whitten noted the inclusion in the Commissioner’s packet of the Violation Notice to Steve Dearborn.

APPROVAL OF MINUTES/October 28, 2008:

MOTION: To APPROVE the Minutes of Public Hearing #1537 dated October 28, 2008 as written.

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

SIGNING OF MYLARS/PLANS, MOTIONS:

*       Youghiogheny Communications NE. LLC d/b/a Pocket Communications - Site Plan

*       Letourneau

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 8:26 p.m.

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





Respectfully submitted,

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