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May 26, 2009 Minutes

Public Hearing #1548
May 26, 2009

The Meeting was called to order in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. at 7:05 P. M. by Chairman Ouellette.


A quorum was established as four Regular Members (Devanney, Farmer, Gowdy, and Ouellette) were present.  Regular Member Thurz and Alternate Members Matthews and O’Brien were absent. Chairman 0uellette noted all members present would sit in on all Items of Business this evening.   The Commission currently carries a vacancy for one Alternate Member.  Also present was Town Planner Whitten.


Town Planner Whitten requested the addition of informal discussion with Annette Fortune regarding a possible rezone of a parcel along Route 140/North Road.  Discussion to occur at the end of the presentation of Applications.


Chairman Ouellette noted the receipt of the following Application:

1)      Application of the Town of East Windsor for a Zone Change for property located at 247-249 South Water Street, owned by Steve and Noreen Farmer, to fix the zone line between A-2 and R-3 to follow flood limit line.   [Map 13, Block 5, Lot 33].


PERFORMANCE BONDS – ACTIONS; ~PERMIT EXTENSIONS; ~ROAD ACCEPTANCE:  Coleman Farms – Request from Leonard Jacobs for a 2-year extension of the Special Use Permit for Coleman Farms, Tromley Road. ~(Previous extension expires on May 27, 2009)

Chairman Ouellette read the description of this Item of Business.   Appearing to represent the Applicant, Coleman Farms, was Attorney Len Jacobs.  

Attorney Jacobs noted that Attorney Hal Cummings, who represents the Coleman Farms Condominium Association, Inc., has written a letter to Town Planner Whitten advising her that the condo association is requesting the PZC to continue the extension of the permit extension until the Commission’s July 14th meeting.   The condo association and the applicant have met many times to come to a resolution on the outstanding items; additional meetings with Town Planner Whitten may be held as well.  Attorney Jacobs indicated the Applicant is in agreement with the extension until July 14, 2009.  Chairman Ouellette agreed continuing the extension was in the best interest of everyone.

MOTION: To GRANT THE EXTENSION TO JULY 14, 2009 as requested by Attorney Len Jacobs, representing Coleman Farms.   The EXTENSION will continue to the Commission’s regularly scheduled meeting on July 14, 2009, at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

Gowdy moved/Devanney seconded/VOTE:  Unanimous

CONTINUED BUSINESS:  USA Hauling & Recycling, Inc. - Site Plan Approval for drainage improvements to container storage area at 10 Shoham Road, owned by 10 Shoham Road, LLC. ~[M-1 zone; Map 3, Block 17, Lots 6A & J] ~(Deadline for decision 6/18/09)

Town Planner Whitten noted an Application for USA Hauling is pending before the Inland/Wetlands Commission.   This item can be postponed to a future Commission meeting.

MOTION: To TABLE the Application of USA Hauling & Recycling, Inc. for Site Plan Approval for drainage improvements to container storage area at 10 Shoham Road, owned by 10 Shoham Road, LLC. ~[M-1 zone; Map 3, Block 17, Lots 6A & J] until a future date to be determined after completion of actions to be taken by the East Windsor Conservation Commission – Inland/Wetlands Watercourse Agency  regarding a similar application for USA Hauling & Recycling, Inc.

Gowdy moved/Devanney seconded/VOTE:  Unanimous

NEW BUSINESS:  Mark Webb – Site Plan Approval for construction of a contractor’s storage yard while maintaining residential use of the property located at 84 Newberry Road. [M-1 zone; Map 15, Block 19, Lot 7] (Deadline for decision May 27, 2009):

Town Planner Whitten noted the Applicant is not present, but the application is pretty straight forward.  The previous application expired before this application; the date for a decision on this application is tomorrow.  The Commission preferred to wait for the Applicant to discuss this issue.

MOTION: To TABLE UNTIL LATER IN THIS MEETING the Application of Mark Webb for  Site Plan Approval for construction of a contractor’s storage yard while maintaining residential use of the property located at 84 Newberry Road. [M-1 zone; Map 15, Block 19, Lot 7.
Gowdy moved/Devanney seconded/VOTE:  Unanimous

BUSINESS MEETING/(1)~~~~~Sewer Service Area:

Appearing before the Commission to discuss this item was Paul Anderson, Chairman of the Water Pollution Control Authority (WPCA).   Town Planner Whitten noted the map Mr. Anderson is presenting to the Commission this evening is the latest revision for the proposed Sewer Service Area.   Through previous discussions with Kevin Leslie, of the WPCA, and Mr. Anderson, it has been determined that it would be a benefit to add sewer availability along the M-1 corridor which follows the rail line.  The State would like to see development along the rail line; Mr. Anderson concurred that people are interested in developing these parcels but without sewer availability development wouldn’t be possible.   The question arises as to why the town would provide an industrial zone and not provide the sewer line to support it.

Discussion followed regarding the proposed route, which would follow Omelia Road and Cemetery Road to connect with Tromley Road.    Chairman Ouellette questioned why Norton Road was not chosen, as the Commission previously had correspondence from a developer who was interested in a property along Norton Road which currently lacked sewer.  Mr. Anderson suggested the goal is to make the sewer available along the most practical and economic path; all decisions have been justified by significant documentation from the North Central Health District.  No matter which way the sewer would be built at least one pump station would have to be added.   If the sewer followed Norton Road to Old Ellington Road it would be connected to the Scantic Road pump station, which is several years old.   Everything would have to be re-evaluated as the level of service is unknown.  The Scantic Road pump station was designed to pick up service from the Broad Brook area; if another 100 houses were added it would be unknown what was being picked up.   The Omelia Road route is the most practical from an engineering standpoint.    

Mr. Anderson advised the Commission this map being presented is the map which will go to Public Hearing.  

Chairman Ouellette indicated that everything he’s heard is reasonable; Commissioner Gowdy concurred.  Town Planner Whitten noted slight conflicts in the Town Plan of Conservation and Development.  In one area the plan proposed to look at expanding the industrial area, while in another area it suggests the area should be considered for a re-zone to A-1 because of the lack of feasibility of providing sewer and water to the area.  As Mr. Anderson’s presentation indicates it is feasible to provide sewer availability, so it would be prudent to promote the industrial development.    Chairman Ouellette indicated the State is now investing in development of the rail line as it would be another answer to the transportation problem.  It’s apparent that from the Enfield line down improvement of the rail line is happening; people are utilizing the rail line.  Town Planner Whitten concurred; the rail line is presently being used by businesses today (including Crop Production in East Windsor), and more people are interested in its use.  

The Commission requested that Town Planner Whitten write a letter of support to the WPCA.  Mr. Anderson indicated he will make presentations to various agencies throughout town; approval of this plan would then move to a Town Meeting.

MOTION: That the Town Planner write a letter to the Water Pollution Control Authority advising them that the Planning and Zoning Commission is in complete favor of the plan as presented at Public Hearing #1548 dated  May 26, 2009 Meeting.

Gowdy moved/Devanney seconded/VOTE:  Unanimous


Gowdy moved/Devanney seconded/VOTE:  Unanimous

The Commission RECESSED at 7:35 p.m. and RECONVENED at 7:44 p.m.

ADDED AGENDA ITEM/Informal discussion with Annette Fortune regarding a possible rezone of a parcel along Route 140/North Road:

Town Planner Whitten introduced Annette Fortune, and Deb Donahue, who have come before the Commission to propose an informal discussion on a dog training center.  Ms. Fortune reported that trying to find a place to put this center has been a challenge; she feels she may have found a location on Route 140.   There is a parcel between the Golden Gavel complex and the storage center; a portion of that parcel has been in an agricultural use surrounding an existing farm house.  The total parcel contains approximately 75 acres, including a small triangle of land located in Enfield.   There has been discussion of cutting out pieces of the parcel, while maintaining the existing home and some acreage to farm.  

Ms. Fortune reported she is considering purchasing a piece of the larger parcel; the parcel under consideration would include approximately 400’ of frontage along North Road.  Ms. Fortune is proposing to construct a 100’ wide by 300’ long open span building which would provide space for “everything related to dogs”.   The building would contain two rings to host dog shows and agility competitions (hence the need for the open span concept), a public seating area, a doggie day care, two grooming areas (one for patrons to groom their own dogs and another for professional grooming services), a crating area for patrons participating in dog shows, a kitchen area, and a small office area which could double as an adoption facility.  The building would contain a ramp to the upstairs area, which would house trainers lockers, more office space, exhibition areas for people selling dog-related items (sweaters, biscuits, equipment), and an obedience area.  Ms. Fortune reported she will be talking to J. R. Russo for assistance in citing the building; Russo feels there may be challenges regarding the location of the septic system due to extensive wetlands on the site.  The current property owner is willing to provide an easement to a higher portion of the parcel which might provide a better location for the septic system.  Parking will be provided close to the building because of the wetlands issues; Ms. Fortune indicated she would also host a dog park for the town.  

Town Planner Whitten indicated Ms. Fortune is interested in purchasing a portion of the property; she is looking for the Commission’s comments on the potential re-zone of this portion to a B-2 Zone.  The new parcel would be surrounded by existing business zones; the existing house and some acreage would remain farmland.  

Chairman Ouellette suggested the Plan of Conservation and Development promotes this area as a business corridor under an industrial zone.  Town Planner Whitten concurred the goal was to make this area a business/industrial zone.   Commissioner Gowdy felt the area couldn’t support business uses without the availability of a sewer line.   Town Planner Whitten reported there is a plan going forward for sewer service along North Road; the plan would be submitted for stimulus funding as a “shovel-ready” project.

Commissioner Devanney questioned what is the current zone? It was noted the property is currently zoned A-1.   Ms. Fortune reported she wants this facility to be a family business with walking trails which would be available to the Town.  Because she is proposing so many uses for the interior of the building it would require a re-zone to a B-2 Zone.  

Chairman Ouellette suggested that if the sewer line is built adjacent parcels might become more intensely developed; he questioned how Ms. Fortune’s business might fit in with a manufacturing neighbor?   Ms. Fortune indicated that in the future she may be considering taking more land; she could also install fences if necessary.   Ms. Donahue indicated the proposal is great for East Windsor; hotels and restaurants would benefit from the shows and competitions.   They both live in East Windsor and so wanted to bring this facility to town; Windsor will be having a fit if this facility is built in East Windsor.  

Commissioner Devanney noted that the Golden Gavel and the storage facility are both zoned B-2; only the farm is zoned A-1.  This proposal isn’t outside the realm of adding more business zoned land.  Town Planner Whitten suggested if the Commission took a strict interpretation of the Comp Plan this area is shown as going to industrial uses; this business could fit in an industrial zone.  Ms. Fortune suggested much of this proposal will be geared towards family dogs regarding options such as obedience training, etc.   She could also host cat shows or garden shows, etc.  One of the teachers at the high school would plan a half mile nature trail along the walking trail in which they could identify vernal pools, etc.

The consensus of the Commission was favorable with regard to this proposal.  Chairman Ouellette advised Ms. Fortune to work with Russo to contact DOT regarding issues related to use of the State road; he felt DOT may require widening the road to accommodate people turning into the facility.   

Commissioner Devanney questioned how much parking would be provided?  Ms. Fortune suggested 100 to 200 cars would be needed to support large events and shows.  She indicated some people travel from show to show in Winnebago’s which they would park at the back of the parking lot for the duration of the show; they usually arrive on Friday, and show during the weekend.  Ms. Fortune indicated she isn’t interested in becoming involved in a boarding kennel, or becoming a campground.  Chairman Ouellette cautioned that 200 parking spaces would trigger another review by DOT.  

NEW BUSINESS:  Mark Webb – Site Plan Approval for construction of a contractor’s storage yard while maintaining residential use of the property located at 84 Newberry Road. [M-1 zone; Map 15, Block 19, Lot 7] (Deadline for decision May 27, 2009):

Mr. Webb appeared to present his proposal.   Mr. Webb reported he originally purchased the property in 2006.  He was approved to build a 28’ x 40’ building; much of his money went into the renovation of the existing house so his original permit for the garage expired.  

Commissioner Gowdy questioned how Mr. Webb had missed appearing at this evening’s meeting?   Mr. Webb reported he received a letter indicating the proposal was approved, but on review of the letter it was actually an Inland/Wetlands approval.  

Chairman Ouellette suggested he understood the building has been moved from the original site?   Mr. Webb reported the building has been moved 75’ further away from the wetlands.  Town Planner Whitten advised Mr. Webb that the gravel access drive must be shown on the plans.   Mr. Webb reported the access drive will be moved up next to the garage; parking spaces will be next to the building.  

Discussion followed regarding Town Engineer Norton’s comments.   Commissioner Devanney questioned if the requested water quality report had been submitted; Mr. Webb reported that was a requirement when the building was proposed for twice the present size.   With the reduction in the size of the building there is no longer a need for a water quality report.  Town Planner Whitten indicated she has held discussions with Town Engineer Norton.   She read excerpts from Town Engineer Norton’s previous memos; she suggested that since it’s essentially the same plan she felt his comments stand.   She suggested the addition of the following conditions to address those concerns:  1)  Final grading to be approved by the Town Engineer; and 2)  Final Plan to be revised to show the proposed entrance to the building and be approved by staff.

Chairman Ouellette reported he’s cautions about concerns expressed by Mr. Noble during previous applications regarding run off from Mr. Dearborn’s property and a proposed industrial subdivision.  Town Planner Whitten suggested Mr. Webb is proposing a gravel parking lot so most of the water will seep in; he’s not directing any drainage off site.  While she understood Chairman Ouellette’s concerns she felt Mr. Noble was on the opposite side of this parcel.  

Town Planner Whitten questioned if Mr. Webb planned to install lighting to the building?  Mr. Webb replied negatively, noting he is proposing a storage building for equipment.

MOTION TO APPROVE the application of  Mark S. Webb requesting a site plan approval for a proposed contractors storage yard at 84 Newberry Road, M1 zone (Map 15, Block 19, Lot 7)
This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions) and the following conditions:

        Referenced Plans:

-       Sheet 1 of 1  Zoning Location Survey, prepared for Mark Webb, 84 Newberry Road, East Windsor, CT, Map 19, Block 19, Lot 7 Zone M1 prepared by Gary B. LeClair, LLC, licensed land surveyor, 36 Suffield Street, Ste 2, Windsor Locks, CT 06096 860/627-8200 scale 1” = 20’ dated 8/25/06, rev. 9/8/06:  

-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.      One set of final plans, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  Both sets shall be filed in 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 Section 13.5.4 of the Zoning Regulations, any approval of a site plan application shall commence the construction of buildings within one year from the date of approval and complete all improvements within five years of the date of approval, otherwise the approval shall become null and void, unless an extension is granted by the Commission.

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.     All required landscaping shall be adequately maintained .


15.     Final Plans to be revised to show the proposed entrance to the building and be approved by Staff.

16.     The final grading is to be approved by the Town Engineer.

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

BUSINESS MEETING/(2)  Correspondence:   Nothing presented.

BUSINESS MEETING/(3)  Staff Reports:    Nothing presented.


MOTION: To APPROVE the Minutes of Public Hearing #1547 dated May 12, 2009 as written.

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


MOTION: To APPROVE the Minutes of Public Hearing #1545 dated April 14, 2009 as written.

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


·       Daniel Bell – Scantic Road
·       Recycled Concrete Products of CT. – Apothecaries Hall Road
·       Apothecaries Hall Enterprises, LLC – Apothecaries Hall Road, permit extension
·       Apothecaries Hall Enterprises, LLC – Apothecaries Hall Road, phase 14.


MOTION: To ADJOURN this Meeting at 8:30 p.m.

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

Respectfully submitted,

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