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February 10, 2009 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1542
February 10, 2009

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


The Meeting was called to order at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. by Chairman Ouellette

ESTABLISHMENT OF QUORUM:

A quorum was established as five Regular Members (Devanney, Farmer, Gowdy, Ouellette, and Thurz) and one Alternate Member (O’Brien) was present.     All Regular Members were present; Alternate members Matthews and Tyler were absent. (LET THE RECORD SHOW it was had been noted Alternate Commissioner Tyler has resigned.)   Chairman Ouellette noted all Regular members would sit in on all Items of Business this evening.  

Also present was Town Planner Whitten.

ADDED AGENDA ITEMS:

*       Under BUSINESS MEETING/(3) Fee Schedule - discussion of fee schedule as previously proposed.

RECEIPT OF APPLICATIONS:

Chairman Ouellette noted receipt of the following Applications:

        1)      Application of Rotary Club of Broad Brook for a Special Use Permit requesting a temporary liquor permit in accordance with Section 805 (alcoholic beverages) and Section 405 (temporary permits) for property located at 27 Depot Street for “Winter Warmer” event to be held on 2/21/09 from 5:00 to 11:00 p.m. [B-1 Zone; Map 23, Block 44, Lot 41].

        2)      Application of Liedertafel Singing Society for Site Plan Approval for addition to existing building at 75 Depot Street.  [R-2 Zone; Map 23, Block 53, Lot 21].

LEGAL NOTICE:   None.

OLD BUSINESS:  East Windsor Housing LTD, LLC - 6-lot resubdivision and Special Use Permit/Modification of approved Site Plan for property located on Farms Road (Meadow Farms) to change from 8 residential lots and 40 active adult units to 14 residential lots and 29 active adult units.  [R-2 Zone; Map 23, Block 53, Lot 14-9].  (Deadline to close hearing 4/2/09):

Town Planner Whitten recalled that the Commission closed the Public Hearings last meeting, but postponed acting on the Application as she wanted to prepare conditions for an approval motion.  Town Engineer Norton had not had an opportunity to review the plans prior to the previous meeting.  Therefore, she would like to include the comments stated in Town Engineer Norton’s memo dated 2/9/2009 in the approval conditions; she would propose the conditions be met prior to the signing of final mylars.

Chairman Ouellette acknowledged that the letter dated 2/2/2009 from Layfayette E. Lake had been discussed at the previous meeting.

MOTION TO APPROVE OPEN SPACE:   the fee in lieu of open space in the amount of $2,000 per lot for the 15 lot subdivision adjacent to Farms Road

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

MOTION TO APPROVE the application of Housing LTD, LLC for a 15-lot (total) re-subdivision on a total parcel of 28.69 acres located on the north side of Depot Street on property owned by Barbara T. Hambach, Trust, presently zoned R-2 as shown on Assessors’ Map 23, Block 53 Lot 14.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission) and the following conditions:

Gowdy moved/

Gowdy RESCINDED the above motion, and proposed approval of the waivers first.

MOTION TO APPROVE WAIVERS for
1.      Standard Road Section  - Sidewalks on only one side and bituminous cape cod instead of granite to be consistent with other local residential town roads
2.      Section 2.11.1 – Curbs on Depot Street, as no curbs exist on either side
3.      Section 6.1.7 Cul-de-sac Length from 800’ to 1320’, as is consistent with other town cul-de-sacs and private road provides secondary emergency

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

MOTION TO APPROVE Application of East Windsor Housing LTD, LLC requesting a re-subdivision per  Section 1.14 of the East Windsor Subdivision Regulations,  and modification of Special Use Permit for Active Adult Housing per Chapter 800 of the East Windsor Zoning Regulations, located at Meadow Farms, aka Map 23, Block 53, Lot 14-09, in the R-2 zone.

This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission) and the following conditions:

Referenced Plans:

“Resubdivision of Meadow Farms, Depot  Street & Farms Road – Map 23 Block 53 Lot 14-09 East Windsor, CT, Owner/Applicant East Windsor Housing LTD, LLC, 60 Popieluszko Court, Hartford, CT 06106,  prepared by Annino Survey, LLC 900 Boston Post Road,, Ste 21, Old Saybrook, CT 06475 Location Map, 1” =

Including Sheets dated 4/04/04, last revised 4/11/05:

·       Cover           Site Location Map  scale: 1”=  1,000’ dated 1/27/                                                                                                                                                                                                                           
·       1/10            Key Map, last revised 1/20/09
·       2/10            Record Subdivision Map, scale 1” = 40’ dated 12/25/08, last revised 1/27/09
·       3,4/10          Site Development Plan, 1” = 40’ last revised 1/27/09
·       5/10            Landscape Plan, dated 1/20/09
·       6,7/10          Soil Erosion & Sedimentation control Plan, dated 1/20/09
·       8,9,10/10       Detail Sheet dated 1/20/09

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 mylar copies for signing by the Commission.

2.      Two sets of mylar plans for each development 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 Floor Plans and Elevation shall be submitted for signature.)

3.      The final plans shall contain the street numbers (unit numbers) assigned by the East Windsor Assessor’s Office.

4.      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.

5.      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 ($2,000.00) to the Town of East Windsor for the total fee as defined in Section 7.6 of East Windsor’s Subdivision Regulations”.

6.      (blank on approval motion)

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

7.      The applicant and/or developer shall schedule and attend a pre-construction meeting with the Town Planner and Town staff prior to the issuance of any permits or the start of construction.

8.      Final architectural elevations and floor plans shall be approved by the Town Planner and/or Commission.

9.      One copy each of the final site plan/sup and re-subdivision shall be filed on the land records.

10.     A Zoning Permit for site work must be applied for and approved prior to the start of construction. Three sets of the final approved plans shall be submitted at this time.

11.     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.

12.     A cash (escrow) or passbook bond shall be submitted for sedimentation and erosion control maintenance and site restoration during the construction of the project.  (Site bond must be in place before any permits will be issued). 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.

13.     A bond, suitable to the Town, shall be submitted for all site improvements (road & drainage). The applicant's engineer shall submit an estimated cost of the site improvements to the Town Engineer and the final amount of the bond shall be determined by the Town Engineer. (Said bond shall be in place before any permits are issued.)

14.     A landscape bond, suitable to the town, shall be submitted for all street trees,  landscaping and wetlands plantings.  The applicants landscape specialist shall prepare an estimated cost to the Town Planner and the final amount shall be determined by staff.  Said bond shall be in place prior to any permits being issued.

15.     A Zoning Permit and Certificate of Occupancy is required for each building.

16.     Foundation as-built surveys for each building shall be submitted and approved before framing and/or the issuance of a Certificate of Occupancy.   Builder should be aware that minimum separating distances (18’  minimum if not parallel, 22 ‘ minimum if parallel (See sec 5.1.17.15 as grandfathered from Zoning Regulations amended through 12/30/03) are from fully built units, inclusive of walls and siding.

17.     Additional requirements and procedures may be implemented by the Town Planner.
Conditions that must be met prior to the issuance of any Certificates of Occupancy:

18.     Final approval and connection fees must be paid for WPCA connections on individual units prior to the issuance of a Certificate of Occupancy.

19.     Site improvements must be completed up-to and around the individual unit at the time of CO.

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

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

22.     All legal documents related to age/occupancy restrictions and the Common Interest Ownership Community shall be approved by the Town Attorney and filed on the land records.

23.     All inspection fees must be paid.

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

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

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

26.     A final as-built mylar of the entire project shall be submitted and signed by the Commission.

27.     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:

28.     This special permit/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.

29.     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.

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

31.     Additional erosion controls are to be installed as directed by town staff if field conditions necessitate.

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

33.     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 Condition):

34.     The Applicant shall address comments from Town Engineer Norton’s memo of 2/10/2009 prior to the signing of the mylars.

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

NEW BUSINESS:  Rotary Club of Broad Brook - Special Use Permit requesting a temporary liquor permit in accordance with Section 805 (alcoholic beverages) and Section 405 (temporary permits) for property located at 27 Depot Street for “Winter Warmer” event to be held on 2/21/09 from 5:00 to 11:00 p.m. [B-1 Zone; Map 23, Block 44, Lot 41]  (Deadline for decision 4/16/09):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Jim Richards, representing the Rotary Club of Broad Brook.  

Mr. Richards reported the Rotary Club of Broad Brook is holding a dinner dance entitled “Winter Warmer” on 2/21/2009 at the Kings of Columbus Hall on Depot Street from 5:00 p.m. to 11:00 p.m.  They are proposing to sell beer and wine.  The tickets are being sold under the advisement that although liquor will be sold the Broad Brook Rotary Club that isn’t the primary intent of the event.  People will be checked at the door with regard to legal drinking age.   

Commissioner Gowdy questioned if a police officer will be in attendance at the event; he felt the presence of an officer would be a good idea.  Mr. Richards indicated they don’t anticipate a young crowd, but would hire an officer if necessary.  Town Planner Whitten noted various officials - including the police - must sign off on a temporary liquor license; if they feel an officer is needed then that would be a requirement of issuance of the permit.  Commissioner Gowdy withdrew his recommendation.

Town Planner Whitten questioned if on-site parking would be adequate for the event?   Mr. Richards anticipated approximately 80 people will attend the event.   There is parking for 40 to 42 vehicles in the parking lot; there is also on-street parking.  

Chairman Ouellette questioned that this Application didn’t require a Public Hearing?  Town Planner Whitten replied negatively, and referenced the section of the regulations for a Special Use Permit applicable to this Application.

MOTION TO APPROVE the Application of James Richards representing the Rotary Club, and owner David Morgan, representing the K of C Hall requesting a temporary  liquor permit for a special event to be held February 21, 2009 from 5-11:00 p.m.,  per section 805, for property located at 27 Depot Street, aka the K of C Hall, Map 23, Block 44, Lot 041, in the B-1 Zone.

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

NEW BUSINESS:  Liedertafel Singing Society - Site Plan Approval for additions to existing building at 75 Depot Street.  [R-2 Zone; Map 23, Block 53, Lot 21]  (Deadline for decision 4/16/09):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Kevin Green, representing the Liedertafel Singing Society, a/k/a the German Club.  Mr. Green reported they are proposing two additions to the existing building to accommodate relocation of the kitchen and walk-in refrigerator.  The plans have been designed in conjunction with the recommendations of the Fire Marshal; they are also working with the North Central Health District with regard to the kitchen.  Although the additions will be extending into the existing parking lot they will not be any closer to the property line than the existing building.  

Chairman Ouellette questioned the issue of impervious coverage?   Town Planner Whitten noted the additions would be in the location of existing paving.  Chairman Ouellette noted receipt of memo dated 2/6/2009 from Town Engineer Norton; he has taken no exceptions to the plans as submitted.   In response to Chairman Ouellette question regarding keeping the same architectural treatment as the existing building, Mr. Green replied they will continue with the white vinyl siding.  Town Planner Whitten questioned that they would keep the facade of the additions the same as the facade of the existing building?   Mr. Green replied affirmatively.

Chairman Ouellette noted his following question was not related to this Application, but he queried if there are any issues with overflow parking?   Mr. Green suggested that perhaps 2 to 3 times a year parking may spill out into on-street parking if more than 100 people attend an event.   Chairman Ouellette noted the parking spaces are not delineated; it’s basically a free-for-all for parking.  Mr. Green concurred, noting they have extended the parking to within 20’ of the north property line, but suggested he is not aware of the actual number of spaces available.  

MOTION TO APPROVE Application of Kevin Green, representing the Liedertafel Singing Society for a site plan modification for 2 additions to the recreational building at 75 Depot Street, Map 23, Block 53, Lot 21 , R-2 zone. With the following conditions, as may be modified by the Commission:

Referenced Plans:

Plan prepared for Liedertafel Singing Society, Broad Brook CT, prepared by William R. Palmberg, Land Surveyor, 19 East Road, Broad Brook, CT 06016, 623-8662, 623-7018, 1” = 20’ dated 2-28-95

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

1.      A paper copy of the final approved plans (revisions included) shall be submitted to the Town Planner for review and comment prior to the submission of final plans.

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

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 plans.

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

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

5.      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.

6.      A zoning permit shall be obtained prior to the commencement of any site work

Conditions which must be met prior to certificates of compliance:

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

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

9.      All public health and safety components of the project must be satisfactorily completed prior to occupancy. In cases where all of these 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:

10.     In accordance with Section 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.

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

15.     All landscaping shall be maintained.

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

BUSINESS MEETING/(1)  Quarry Meadows Subdivision, Public Land Acceptance - Open Space (tabled):

Town Planner Whitten reported she continues to research the existence of any leases between the Town and the Broad Brook Angling Club.   The only lease she has found to date is one for land near Hemlock Court.  Commissioner Gowdy suggested the agreement may be for the landowners to post the property as being available only for members of the BBAC.  

Town Planner Whitten indicated she will continue to investigate if any leases exist.   Commissioner Gowdy questioned if any other parcels are encumbered to allow exclusive hunting and fishing rights?   Town Planner Whitten suggested is only aware of the Tschummi property.

BUSINESS MEETING/(2)  Fee Schedule (tabled):

Town Planner Whitten reopened discussion of the proposed fee schedule, noting the present figures seek to recover the cost of legal advertisement for applications.  The assumption of the cost was based on one legal advertisement; no staff time is included in the costs.  Presently advertisements are made via the Journal Inquirer.  Recent research has found the cost to be less via the Hartford Courant.  The material provided for the Commission includes comparisons for similar fees as charged in surrounding towns.  After the Fee Schedule is approved by this Commission it is then presented to the Board of Selectmen and then goes to a Town Meeting for approval.  

Discussion followed.   The consensus of the Commission was to charge reasonable rates to cover the costs of publication and staff, yet maintain a balance to be business friendly.   Town Planner Whitten will prepare a chart of only fees charged by this Commission for the next meeting.

BUSINESS MEETING/(3)  Correspondence:

Chairman Ouellette noted the following correspondence:

*       Notification of the 61st Annual Connecticut Federation of Planning and Zoning Agencies to be held at the Aqua Turf on Thursday, March 19th.

*       Notification of the Annual Meeting of the Connecticut Association of Wetland  Scientist to be held on Thursday, February 26th.  Topic of discussion:  Stormwater and Wetlands Management: An Update on Programs and Practices”

BUSINESS MEETING/(4)  Staff Reports:

Town Planner Whitten reported she and Zoning Enforcement Officer Newton recently held a seminar for businessowners explaining signage which is allowable under the present regulations.  She and ZEO Newton expressed the need for businessowners to work with the Town rather than displaying signs - often in lines of sight, including the right-of-way owned by the State - which are distracting to drivers.  Town Planner Whitten estimated approximately 40% of the ZEO’s time is currently spent addressing illegal signage, which includes height, size, and location inconsistencies.

Town Planner Whitten advised the Commission that Jim Richards, who appeared at the meeting earlier, would like to appear before the Commission to discuss the needs of the business community regarding temporary signage.  Business owners find sandwich board signs easy to use; utilization of sandwich board signs would require a regulations change, and public hearing.    

Town Planner Whitten then gave examples of how other towns have addressed this issue.   The Commission voiced various opinions.  Some members felt the regulations are in place; fines should be instituted for non-compliance.  They cited concern that drivers should be focused on the road rather than on distracting signage, often on right-of-ways not owned by the property owner and even on telephone poles.  Other members felt the Commission should be more lenient regarding fines, especially with the declining economy.  It was noted there is a need for the property owner and business to work together to create better permanent signage, including marquee signage near the road which identifies businesses inside the plazas.  

Town Planner Whitten reiterated this is a big issue for businessowners.   She has told them the Commission historically is not in favor of sandwich boards placed haphazardly along the business frontage.

APPROVAL OF MINUTES/January 27, 2009:

MOTION:  To APPROVE the Minutes of Public Hearing #1541 dated January 27, 2009 as presented.

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

SIGNING OF MYLARS/PLANS, MOTIONS:

The following MOTIONS were signed:
        *       Gina Scully
        *       East Windsor Housing, LTD, LLC
        *       ZP Group, LLC
                                 
ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 8:00 p.m.

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

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