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December 9, 2008 Minutes

Public Hearing #1539
December 9, 2008

***** Draft Document – Subject to Commission Approval *****

The Meeting was called to order in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. at 7:02 P. M. by Chairman Ouellette.


A quorum was established as five Regular Members (Devanney, Farmer, Gowdy, Ouellette, and Thurz) and one Alternate Member (O’Brien) were present.  All Regular Members were present; Alternate Members Matthews and Tyler were absent.  Chairman 0ullette noted all Regular Members would sit in on all Items of Business this evening.   Chairman Ouellette welcomed new Alternate Member Travis O’Brien to the Board; Commissioner O’Brien had not yet had the opportunity to be sworn in and would therefore not sit in on deliberations this evening.

Also present was Town Planner Whitten.


Town Planner Whitten requested the addition of the following discussion items under Staff Reports:

1)      Southern Auto Auction – construction entrance
2)      79 Rye Street – Cause for Excavation Permit
3)      Acceptance of Connecticut HomeCONNECTICUT Grant


1)      Application of Youghiogheny Communications, NE LCC d.b.a. Pocket Communications for Site Plan Approval to add 3 antennas to existing water tank, and ground equipment, at 41 Depot Street, owned by Connecticut Water Company  [B01 & R-2 Zones; Map 23, Block 44, Lot 35]

2)      Application of ZP Group, LLC for a 22-lot subdivision (Harvest View Estates) located at East and Middle Roads, owned by Fred Spielman, Jr.,  [R-2 Zone; Map 37, Block 38, Lot 2].

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 extended to 12/18/08):

Chairman Ouellette noted receipt of request from Daniel Bell for 35 day extension of hearing.

MOTION: To EXTEND the 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] for 35 days.

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

NEW BUSINESS:  Youghiogheny Communications, NE LLC d.b.a. Pocket Communications – Site Plan Approval to add 3 antennas to existing water tank, and ground equipment, at 41 Depot Street, owned by Connecticut Water Company [B-1 & R-2 Zones; Map 23, Block 44, Lot 35]  (Deadline for decision 2/12/09):

Appearing to discuss this Application was Ron Keating, representing Youghiogheny Communications, NE LLC d.b.a. Pocket Communications.  Mr. Keating reported the proposal is to install antennas on the water tower owned by Connecticut Water Company at 41 Depot Street; the proposal is similar to one previously approved for installation at a water tower at Prospect Hill Road.  Installation would involve several antennas on the tower, and a small equipment cabinet and back-up generator within a fenced in area on the ground.  Two other companies presently have antenna installed on this tower.  A variance was granted for the antenna to be installed within 200’ of a residence.

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 41 Depot Street, East Windsor, CT. [Assessors Map 23, block 44, Lot 35]  B-1 and 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:

Referenced Plans:

01      Title Sheet with location map – Pocket Smart wireless, HFCT14741A, 41 Depot Street, Water Tank, prepared by URS Corporation AES, 500 Enterprise Drive, Rocky Hill, CT 06067, dated 8/26/08, last revised 11/18/08
02      Site Plan, Detail and Notes
03      Water Tank Elevation, Antenna Plan and Details

03A     Antenna and Coax details
04      Grounding Details
        05      Grounding Plan and Details
06      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.

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

NEW BUSINESS:  ZP Group, LLC – 22-lot subdivision (Harvest View Estates) located at East and Middle Roads, owned by Fred Spielman, Jr. {R-3 Zone; Map 37; Block 38, Lot 2]  {Deadline for decision 2/12/09):

Appearing to discuss this Application was David Palmberg, of William Palmberg, Surveyors.  Mr. Palmberg reported the Application will be for a 22-lot subdivision to be located on the corner of East and Middle Roads.  The location is currently an agricultural field abutted on the east by the Ellington town line.  The proposal will include an interior road to be built off East Road.  Sixteen lots will be constructed off the interior cul-de-sac

(to be known as Jessie Lane); the remaining lots will front on East Road and on Middle Road.  The lots have been approved for septic systems by the North Central Health District.  Public water will be brought in from Ellington along Middle and East Road.  There are no wetlands on the parcel located within East Windsor.  Abutting land located in Ellington contains wetlands; an Inland/Wetlands Application has been submitted in that town.  A farm house and tobacco shed were cut from the parcel years ago; both those structures would remain adjacent to this parcel.  

Mr. Palmberg reported they looked at doing a Planned Residential Development (PRD) which would have provided Open Space along the existing town roads to act as a buffer for the subdivision.  That proposal has been rejected due to the need to service the parcel with septic systems (rather than sewer service), and the lack of wooded buffer to provide visual screening.  

Under the conventional subdivision plan being proposed the landscaping plan includes irregular shaped berms throughout the site and along Middle and East Roads to break up
the site.  Mr. Palmberg described proposed plantings in detail.

They will be proposing catch basins on the east side of East Road, which is currently an unimproved/unpaved road.  The catch basins will drain into a storm drainage system along Jessie Lane, and eventually discharge into a detention pond on the Ellington town line.  Drainage currently flows to the existing farm pond in Ellington.  An Application has been submitted to the Ellington Inland/Wetlands Commission because they will be doing work in the Uplands Review Area.  Ellington is requiring as a condition of approval that East Windsor maintain the pipe to the subdivision.  Discussion on this item remains pending.  

Mr. Palmberg reported they are seeking two waivers:  1)  Fee-In-Lieu-Of-Space:  They have discussed this issue with Town Planner Whitten, who has indicated the Town has no desire for Open Space in this location.  2)  Street lights:  Street lights in the area of Middle and East Road are minimal at present.  They are proposing lighting within Jessie Lane.

Extensive discussion occurred regarding installation of sidewalks vs. Fee-In-Lieu-Of-Sidewalks.  Mr. Palmberg reported they are proposing sidewalks along the south side of Jessie Lane, and along East Road; no sidewalks are proposed along Middle Road as there is limited space to install them, especially near the farm pond.  Commissioners voiced varying opinions; no consensus was reached regarding the sidewalk issue/
Town Planner Whitten noted Town Engineer Norton would like an opportunity to comment on the proposal, and to work with Ellington regarding the drainage issue.

MOTION: To CONTINUE this Item of Business - ZP Group, LLC – 22-lot subdivision (Harvest View Estates) located at East and Middle Roads, owned by Fred Spielman, Jr. {R-3 Zone; Map 37; Block 38, Lot 2]  until the Commission’s

January 13, 2009 Regular Meeting, to be held at 7:00 p.m.  in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

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


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

The Commission RECESSED at 8:00 p.m. and RECONVENED at 8:10 p.m.

BUSINESS MEETING/(1)  Discussion:  Meadow Farms – Replace some active adult units with single-family lots:

Appearing to discuss this Item of Business was Jason Ziegler, representing Meadow Farms.  Mr. Ziegler reported they are applying for a resubdivision of a previously approved mixed subdivision; the resubdivision would reduce the number (40) of Active Adult Units by eliminating those originally proposed along Farm Road and increase the number of single family residences.  They would eliminate the connecting access between both roads and make Farm Road a closed Active Adult community.  They are also proposing to utilize the three building footprints from Hillside Farms to improve diversity of style rather than the single footprint originally approved.  

The Commission looked favorably on the proposal.

BUSINESS MEETING/(2)  Meeting Schedule for 2009:

MOTION: To ACCEPT the 2009 Meeting Schedule as proposed.

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

BUSINESS MEETING/(3)  Fee Schedule (tabled):

BUSINESS MEETING/(4)  Correspondence:


BUSINESS MEETING/(5)  Staff Reports/2)  79 Rye Street – Cause for excavation Permit:

Appearing to discuss this issue was Attorney Carl Landolina, and Jay Ussery, of J. R. Russo & Associates.   Town Planner Whitten reported a Building Permit and a Zoning Permit was originally issued for a house; the owner recently began construction but the footprint of the house had changed, which required extensive grading not originally proposed.  Town Planner Whitten did a site inspection, and issued a Stop Work Order;

the pending question is if this work requires an Excavation Permit, as they have cut into the earth significantly.

Attorney Landolina reported construction of the home required a railroad crossing.  The owner of the railroad required a flatter crossing than was originally proposed, which required more excavation than the original plan called for.  Some material was removed to lower the driveway crossing; some material was removed from the site.  Discussion followed regarding the amount of material allowable to be removed from a site without permits, and review of various regulation sections.

Mr. Ussery suggested the original plan approved in 2005 called for under 1,000 cubic yards of excavation.  The new plan calls for a different dwelling footprint and the construction of an additional outbuilding, which requires 4900 cubic yards of material to be cut from the site.  Mr. Ussery feels they have removed approximately 60% of the 4900 cubic yards.  This site was an existing lot of record, which was not required to come before the Planning and Zoning Commission; the permitting went through the Planning Office as Building and Zoning permits.  The builder, James Georgio, thought the change in plans and excavation would be picked up when he applied for the Certificate of Occupancy.

The Commission discussed if allowing work to continue without requiring an Excavation Permit would set a precedent for future applications.  It was felt that if the correct plans had been proposed in the Planning Office the correct amount of excavation would have been agreed to prior to the initiation of excavation.   Town Planner Whitten felt the grading plans should have been submitted; during the site inspection it appeared the septic area had been disturbed.  She requested the Commission’s direction.  Mr. Ussery agreed the septic area had been stripped but that has been remedied.  The Commission decided the issue has been brought to the owners and builders attention; work can resume without benefit of an Excavation Permit.

BUSINESS MEETING/Staff Reports: 1)  Southern Auto Auction – construction entrance:

Appearing to discuss this issue was Jay Ussery, of J. R. Russo and Associates.   Mr. Ussery noted an inventory holding lot was recently approved off Phelps Road.   Many concerns were raised during the hearings that there should be no access to this lot from Phelps Road.   Mr. Ussery recalled that he mentioned during the hearings that he planned to return to the Commission to seek permission to use the existing emergency access from Phelps Road only during construction of the lot to minimize truck traffic.   Construction materials will come from Windsorville and Ellington; if trucks were not to come in from Phelps Road they would continue down Phelps Road past several residences and continue along Route 5 to enter through the Southern Auto Auction main site.  Trucks would be traveling past this access to continue on to Route 5.  The construction schedule is somewhat weather dependent but Mr. Ussery indicated they would like to start in January or February, 2009; they would award the contract in March,

and construction would begin in May or June.  The intent is to complete the work in September, if possible.

The Commission felt the emergency access already exists and is contained on the approved plan; the applicant would not be adding an additional access.   Allowing the emergency access to be used only during construction would also eliminate the hazard by combining truck traffic with normal auction traffic on the main site.

BUSINESS Meeting/Staff Reports/3)  Acceptance of Connecticut HomeCONNECTICUT Grant:

Town Planner Whitten recalled the Commission’s previous approval of seeking this grant; she is requesting a motion to formalize her submission of a grant request.

MOTION: The Planning and Zoning Commission endorses the grant application for assistance with incentive housing zones entitled “State of CT, Office of Policy and Management, Home Connecticut Technical Assistance Grant Application”.   We certify that we will consider the creation of one or more housing incentive zones.

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

Commissioner Gowdy cited concern that members who are consistently absent can’t be participating members of the Commission if they are not present on a regular basis.  The inconsistency of the attendance disallows their involvement in continued applications.  Commissioner Gowdy cited the Commission’s bylaws support regular attendance.  Chairman Ouellette concurred there is a level of expectation regarding attendance at Commission Meetings.  He will contact the two members who have been absent repeatedly over the past year regarding improvement on their attendance or resignation.

Chairman Ouellette requested the following issues be scheduled for 2009 Work Sessions:  1) Fee Schedule,  and  2) Review of sidewalk requirements.

APPROVAL OF MINUTES/November 10, 2008:

MOTION: To ACCEPT the Minutes of Public Hearing #1538 dated November 10, 2008 as written.

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


        *       Sportsmens Club


MOTION: To ADJOURN this Meeting at 9:10 P. M.

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

Respectfully submitted,

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