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June 9, 2009 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1549
June 9, 2009

The Meeting was called to order at 7:05 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) were present.    Alternate Member Matthews was absent. The Commission currently carries one vacancy for an Alternate Member.   Chairman Ouellette noted all Regular members would sit in on all Items of Business this evening.  Alternate Member O’Brien would sit in on the New Public Hearing for the Town of East Windsor as Regular Commissioner Farmer would be stepping down from that discussion.

Also present was Town Planner Whitten.

ADDED AGENDA ITEMS:     None.

RECEIPT OF APPLICATIONS:

Chairman Ouellette acknowledged receipt of the following Applications:

1.      Application of Leslie J. Hickey for a Temporary Liquor Permit for a wine tasting event to benefit the East Windsor Dog Park and Parks & Recreation Department, to be held on July 25, 2009 at 149 North Road, owned by Patrick Soucy.  [B-2 Zone; Map 8, Block 16, Lot 27].

2.      Application of Kirk Stafford, requesting a 1 lot re-subdivision at 56 Tromley Road, Map 29, Block 20, Lot       27 in the R-3 and Z-1 Zones.

LEGAL NOTICE:

The following Legal Notice, which appeared in the Hartford Courant on Friday, May 29, 2009, and Friday, June 5, 2009, was read by Chairman Ouellette:

1.      Application of Elzear Rodrigue for a 1-lot re-subdivision at the south side of Mahoney Road.  [A-1 Zone;        Map 30, Block 31, Lot 1].

2.      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:        None.

NEW HEARING:  Elzear Rodrigue - 1-lot re-subdivision of property located at the south side of Mahoney Road.  [A-1 Zone; Map 30, Block 31, Lot 1]   (Deadline to close hearing July 14, 2009):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Item of Business was Jay Ussery, of J. R. Russo and Associates, representing the Applicant, Elzear Rodrigue.   Mr. Rodrigue was present in the audience for consultation.

Mr. Ussery reported the Application is for a 1-lot resubdivision located on the south side of Mahoney Road just east of the intersection of Wells and Mahoney Roads.  The 3.88 acre parcel presently contains the existing home occupied by Mr. Rodrigue; the proposal is to cut out a 1 acre building lot which would be served by public water and an on-site septic system, which has been reviewed, and approved, by the North Central Health District.  Mr. Ussery noted the wetlands have been delineated by a soil scientist.  Mr. Rodrigue appeared before the Wetlands Commission and received a permit to construct a house and septic system.  Mr. Ussery noted the file contains a memo from Town Engineer Norton, who has taken no exception to the plans being presented.

Mr. Ussery advised the Commission Mr. Rodrigue is seeking the following waivers:  1)  sidewalks, as none presently exist in the immediate area; 2) street lights; and 3) Fee-in-lieu of Open Space, as this is a 1-lot subdivision.   Town Planner Whitten presented an aerial of the lot on the Smartboard.   She also READ FOR THE RECORD Town Engineer Norton’s memo which cites no exception to the plans, and notes all his comments were addressed during the Wetlands Application.

None of the Commission members raised any questions.

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

MOTION: To CLOSE the Public Hearing on the Application of :  Elzear Rodrigue  for a 1-lot re-subdivision of property located at the south side of Mahoney Road.  [A-1 Zone; Map 30, Block 31, Lot 1].

Devanney moved/Gowdy seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)

MOTION TO APPROVE the following waivers:
1.      Section 6.3 (sidewalks) - No sidewalks to be provided, as none exist in proximity of the subject        parcel.

2.      Section 6.5 (street lights) per previously approved subdivision requirements.

Devanney moved/Gowdy seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)

MOTION TO APPROVE A FEE-IN-LIEU-OF OPEN SPACE for the sum of $2,000 for the new lot.

Devanney moved/Gowdy seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)

MOTION TO APPROVE the Application of Elzear A. Rodrigue requesting a 1 lot re-subdivision at property known as 6 Mahoney Road [Map 30, Block 31, Lot 1] in the A-1 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:

Sheet 1/4       Cover Sheet - Resubdivision Mahoney Road, East Windsor, CT. property of Elzear A. Rodrigue, 6 Mahoney Road, East Windsor, CT. 06088, prepared by J. R. Russo & Assoc., LLC, 1 Shoham Rd, East Windsor, CT. 06088, 860/623-0569, 623-2485/fax dated 4/8/09, location map 1” = 200’
        Sheet 2/4       Resubdivision Plan
        Sheet 3/4       Topographic Plan
        Sheet 4/4       Erosion & Sediment Notes

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

3.      The final mylars shall contain the street numbers assigned by the East Windsor Assessor’s Departments and the Map, Block, and Lot numbers assigned by the Assessor’s Office.

4.      The applicant shall provide two street trees on each new lot and have them shown on the final plan.

5.      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:

6.      The lots shall comply with the requirements of the North Central District Health Department requirements for on-site septic systems and wells.

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 mylars, Sheets 2 of 3, shall be filed with the Town Clerk by the applicant, no later than 90 days after the 15-day appeal period from publication of decision has elapsed or this approval shall be considered null and void unless an extension is granted by the Commission.  One set, sheets 1-4 of 4, shall be filed in the Planning and Zoning Department.

8.      A detailed sediment and erosion control plan shall be submitted for each lot at the time of application for Zoning Permits.

9.      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 and the final amount of said bond shall be determined by the Town Engineer.  (This bond covers public improvements, not individual lots.)

10.     A $2,000 fee per lot, payable to the Town Treasurer, is required.   If 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”.

Conditions which must be met prior to Certificates of Compliance:

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

12.     Final Health District approval of the drinking water supply and the installation of the septic system must be demonstrated.

13.     The driveway must have a 15’ paved apron or a bond for such submitted.

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

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

17.     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:

18.     This subdivision approval shall expire five years from 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 to complete the subdivision improvements from the commission.   Such extension shall not exceed the time limits as provided for in the Connecticut General Statutes, Section 8-26c, as amended.   The Commission shall require proper bonding be in place prior to the approval of any such extension.

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

20.     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.

21.     Any modifications to the proposed drainage or grading for the resubdivision is subject to the approval of the Town Engineer.

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

23.     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.

24.     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(s) may be released.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)

NEW HEARING:  Town of East Windsor - 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]:

Chairman Ouellette read the Hearing description.  LET THE RECORD SHOW Commissioner Farmer stepped down from service on the Board; Alternate Commissioner O’Brien joined the Commission in his place.

Town Planner Whitten referenced the parcel on the Smartboard, noting the location of  both the R-3 and A-2 Zones.  The present mapping shows the A-2 Zone following a 90 degree angle and continuing through the existing house.   Town Planner Whitten noted A-2 Zones typically follow the flood zone, and contain steep slopes, and would not include a building lot.  She suggested it makes sense to make the zone change.

Commissioner Devanney concurred.  Chairman Ouellette suggested the current zone line seems to be an error in redrawing the map.

Chairman Ouellette queried the audience:

John Burnham, 178 Scantic Road:  Mr. Burnham noted he has a part interest in the property across the street and to the east of the parcel under consideration.  He questioned how this zone change would affect the buffer requirements on his parcel?  Town Planner Whitten clarified that both parcels are residential zones, but they are not actually abutting so the buffer requirement wouldn’t make any difference.  The buffer would be the same between any residential zones.

MOTION: To CLOSE the Public Hearing on the Application of 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].

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/O’Brien/Ouellette/Thurz)

MOTION TO APPROVE the application for a zoning map amendment/zone change requested by Town of East Windsor PZC.  Said change would clarify the zone boundary between A2 and R3 Zones at 247-9 South Water Street to coincide with the 100 year flood level designated as elevation 34.0 [Map 13, Blk 5, Lot 33].  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:  Zone Line Reconfiguration, property of Steven L. and Noreen P. Farmer, 247 South Water Street, East Windsor, CT Map 13, Blk 5, Lot 33, prepared by JR Russo & Assoc., LLC, 1 Shoham Rd, East Windsor, CT. 06088, 860/623-0569, 860/623-2485, scale 1” = 200’, dated 5/15/09.

Conditions:

1.      This approval does not constitute approval of a site development plan or permit for any construction or use of the subject parcel.

2.      One mylar and one paper copy of the approved zone change map must be delivered to the Planning and Zoning Department to be signed by the Chairman and one member of the Planning and Zoning Commission.   The mylar shall be returned to the applicant for recording on the Town of East Windsor Land Records, while the paper copy shall be placed in the permanent file in the Planning Office.

3.      A copy of this motion shall be recorded on the Town of East Windsor Land Records.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/O’Brien/Ouellette/Thurz)

LET THE RECORD SHOW Commissioner Farmer returned to service on the Board.

The next Item of Business on the Agenda was the Application USA Hauling and Recycling.  Appearing to represent the Applicant was Jay Ussery, of J. R. Russo and Associates.  Mr. Ussery questioned if the Commission would like to take the Application of Leslie J. Hickey for a Temporary Liquor License first, as the presentation for USA Hauling may be long.   The Commission concurred with Mr. Ussery’s suggestion.

MOTION: To GO OUT OF ORDER and take NEW BUSINESS:  Leslie J. Hickey - Temporary Liquor Permit for a wine tasting event to benefit the East Windsor Dog Park and Parks & Recreation Department, to be held on July 25, 2009 at 149 North Road, owned by Patrick Soucy.   [B-2 Zone; Map 8, Block 16, Lot 27]  (Deadline for decision August 13, 2009).

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)

NEW BUSINESS:  Leslie J. Hickey - Temporary Liquor Permit for a wine tasting event to benefit the East Windsor Dog Park and Parks & Recreation Department, to be held on July 25, 2009 at 149 North Road, owned by Patrick Soucy.   [B-2 Zone; Map 8, Block 16, Lot 27]  (Deadline for decision August 13, 2009):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss the proposal was Leslie J. Hickey.  

Mr. Hickey reported he had appeared before the Commission last October for an Application to hold a similar event for another organization.   A corner of the parking lot is designated for mingling, while more activities occur inside the Golden Gavel Auction Center.   They typically hire a police officer for the event.  Mr. Hickey reported he was not aware of any problems with the previous event; he believes the presence of the police makes a difference.  People are checked for their age; wrist bands are used to identify patrons.  Town Planner Whitten indicated she had heard no negative comments about the previous event.  Mr. Hickey reported there is ample parking on site; additional parking is available across the street if necessary.   Mr. Hickey indicated the present event is for the benefit of the East Windsor Dog Park.

Chairman Ouellette questioned the proposed hours for this event?   Mr. Hickey reported they have requested the hours of 5:00 p.m. to 8:00 p.m. but could go to 9:00 p.m. under the State liquor laws.  Chairman Ouellette questioned if they are proposing a rain date?  Mr. Hickey reported they would move the event inside the Golden Gavel Auction Center, as it holds several hundred people for auction events.

Town Planner Whitten noted the police, fire marshal, and the Planning and Zoning Commission must sign off on this Application.   The Commission is just approving the Application as presented; there are no conditions associated with the proposal.
Commissioner Thurz reported there were no problems with the previous event; this proposal seems to be the same type of event.   The other Commissioners were in agreement with the proposal.

MOTION: To APPROVE the Application of  Leslie J. Hickey for a Temporary Liquor Permit for a wine tasting event to benefit the East Windsor Dog Park and Parks & Recreation Department, to be held on July 25, 2009 from 5:00 p.m. to 9:00 p.m. at 149 North Road, owned by Patrick Soucy.   [B-2 Zone; Map 8, Block 16, Lot 27]  (Deadline for decision August 13, 2009).

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)

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 June 18, 2009):

Chairman Ouellette read the description of this Item of Business.   Chairman Ouellette noted the deadline to make a decision on this Application is the Commission’s next meeting.   Town Planner Whitten noted if there are open issues after the discussion this evening the Applicant can request an extension.

Appearing to discuss this Application was Jay Ussery, of J. R. Russo and Associates.  Mr. Ussery advised the Commission George Roberts, of USA Hauling, was present for the previous meeting but was unable to attend this evening.   Mr. Ussery’s associate, Tim Coon, is making a presentation at another Zoning Commission and is also unable to attend this meeting.

Mr. Ussery summarized this Application is a Site Plan modification for a storage area to the rear of 10 Shoham Road.   Mr. Ussery gave a description of the property, referencing a shaded gray area on the plans as the area used for storage and staging of containers near the welding shop on the corner of Shoham Road and Route 140.  Mr. Ussery noted Attorney Houlihan was present at the last meeting; there were concerns raised about odors and blowing debris.  Mr. Ussery reported he visited the site with Chairman Ouellette, and again with another Commissioner; during those visits they didn’t smell anything, nor did they see anything blowing off the site.  Mr. Ussery suggested the Applicant is now offering to install a chain link fence along the property line from the building previously occupied by Tanner Ford (the welding shop) to Mr. Marks property and on to the Shoham property.   Any debris blowing off the USA Hauling property would get caught in the fence rather than blowing on to the abutting properties.  Mr. Ussery reported the site is vegetated now, but they are proposing to plant more spruce and evergreen to provide a screen to reduce visibility from the USA Hauling property, and abate noise.

Mr. Ussery suggested the real issue under consideration is the drainage issue.  The Applicant has been before the Wetlands Commission and has received approval for that Application.  Ed Lally (the Shoham’s engineer) has been in the offices of J. R. Russo to review the drainage proposal with Tim Coon; minor changes have been made.  Mr. Ussery reported they are still comfortable with the drainage solution being proposed for the impervious area; new drainage is being installed, and they are proposing a modification of the outlet structure for the detention basin.   Mr. Ussery indicated they contend that should this plan be implemented the proposal would alleviate flooding on the Shoham property.  

Mr. Ussery reported that Attorney Houlihan and his client seem to be sure the calculations being proposed are wrong.  Mr. Ussery indicated he has been spending time in his office reviewing the plan.  He noted his office has done most of the Site Plans on Shoham Road; he also reviewed those plans as well.   They also prepared a Site Plan for the Shoham property.  Mr. Ussery reported that plan showed a detention basin which wasn’t installed, therefore, the drainage system on the Shoham property isn’t adequate to take run off from his site or another site.  There will be flooding because the system that is there is quite old and it doesn’t appear the basin was ever built.  Mr. Ussery submitted a copy of the Shoham Site Plan to the Commission.  The Shoham Site Plan was prepared in 1985 for the building at the rear of the property; this Site Plan shows the same drainage system that’s there today with the present catch basins but there is no detention basin.   

Mr. Ussery indicated he would like to retract his previous statement that if this plan for USA Hauling is implemented there should be no flooding because it doesn’t appear the basin designed 24 years ago was built on the Shoham property.

Chairman Ouellette referenced the Site Plan for the abutting property (the Shoham property) and questioned if the detention basin was located all on the Shoham’s property?  Mr. Ussery felt some of it was, and some of it wasn’t.  Chairman Ouellette suggested that may have been the reason the basin wasn’t built.  Mr. Ussery reiterated that if this proposal is approved there will still be flooding on the Shoham property because their dentition basin wasn’t built.   Commissioner Gowdy questioned that Mr. Ussery was saying the drainage off USA Hauling’s property will not flood their (the Shoham’s) property if they had this detention basin?  Mr. Ussery suggest that only the storm water from USA Hauling/Penske will be diverted away from their property.   The pre-development drainage area, which is prior to the Penske development, goes back to Country Club Cars.  It’s a good part of the north part of that site - 1.7 acres - drains toward the Marsh/Marks and Shoham properties.   At that time when they developed Penske’s and expanded the building and paved area this 1.7 acres was diverted through the detention basin installed in the corner of the Penske property, and the drainage swale brought the water to the basin.   In the last 4 to 5 years when USA did this filling the swale was destroyed and it diverted the water.    Town Planner Whitten questioned if they would be correcting the drainage problems?  Mr. Ussery replied affirmatively.  Town Planner Whitten suggested that should eliminate some of that flow.  

Commissioner Gowdy questioned if the flood on their (the Shoham’s) property would still happen?   Mr. Ussery suggested if this plan is built and implemented they may still have flooding.  Commissioner Gowdy questioned if that was because their detention basin wasn’t built?  Mr. Ussery replied affirmatively.

Chairman Ouellette questioned if Staff comments listed under Town Planner Whitten’s memo dated April 23, 2009, amended to June 4, 2009, had been, or would be, addressed?  Mr. Ussery reported they can comply with comment #1 by providing the requested 10’ set back; he suggested it might be wise to offset the chain link fence 10’ so the buffer will be there.  Town Planner Whitten indicated she would like to see the final plan show the chain link fence installed 10’ off the property line, and the additional plantings.   To clarify the 6’ chain link fence would run from the corner of the old Marsh Motorcycle (Marks) property, which is the common corner of the Marsh and Tanner Ford (welding shop) property, then go west to the Shoham’s property and southerly along the south property line to the southeast corner and continue to the southwest corner which would be parallel to their detention basin.  Plantings would be installed along the chain link fence on the USA Hauling property.

Chairman Ouellette returned to discussion which occurred at a previous meeting; he cited his concern for the large vehicles exiting onto Route 140.  Mr. Ussery suggested they would be trucks that handle the roll-off containers.  The vehicles that lift and move the containers around would use the internal access drive but there would be vehicles exiting the fabricating shop.  They use the access drive to move between properties and cause less traffic on Shoham Road.  He suggested they could add a stipulation that Route 140 would be an entrance only access.  Chairman Ouellette questioned that if the access drive were not available to USA Hauling then the circulation would have to be via Shoham Road?  Mr. Ussery replied affirmatively.

Chairman Ouellette questioned the depth of the detention basin?  Commissioner Gowdy referenced the plan, noting it is shown to be 2 1/2’.   Mr. Ussery referenced the plans, noting various elevations; he suggested the detention basin in not very deep.  

Chairman Ouellette returned discussion to the access for large trucks.   He suggested he realized this is a modification to an existing site plan but during many times of the day traffic is backed up on Route 140 and you have vehicles waiting to go out of Shoham Road.  Chairman Ouellette suggested the sight distances are limited looking east.   He noted the traffic light has been there only 3 to 4 years, and the (USA Hauling) operation has been there longer.   The Commission discussed various options, and sight conditions along Route 140 in the proximity of the traffic light.  The Commission considered installation of signage limiting the direction in which trucks can access Shoham Road.   Location of any proposed signage was considered.  It was noted signage on Route 140, which is a State road, would require permission from the State; Chairman Ouellette suggested that might be overstepping the jurisdiction of the Commission.   He suggested signage on the State road might be a condition the Applicant couldn’t comply with, although he would still like access to be one way in only.  The Commission reconsidered their concerns.   Commissioner Farmer cited concern for wetlands encroachment, but noted they have gone through the Application process via the Wetlands Commission.  

Chairman Ouellette returned discussion to the proposed detention basin on the Shoham property.   Town Planner Whitten suggested it may have been the intent for the swale to be enlarged to become a detention basin.   The plan was prepared in 1985.   She suggested the Commission couldn’t require something that’s not on the Applicant’s
site.   Chairman Ouellette suggested from what he has heard  he felt, in his view, that the Applicant has taken reasonable steps to improve drainage.  Town Planner Whitten suggested this is an Application made in response to a violation, and they have responded to the drainage issues.   She felt they are doing what they need to do to correct the violation.   They are seeking a Site Plan modification and are improving the drainage.

Chairman Ouellette noted this Application is not a Public Hearing.   Attorney Houlihan, representing the Shohams, questioned if the Commission would take comments from an abutting landowners?   Town Planner Whitten noted this Application is not a Public Hearing.

The Commission considered their decision.

MOTION TO APPROVE the Application of U.S.A. Hauling & Recycling and owner 10 Shoham Rd, LLC requesting a permit to expand container storage facilities and improve drainage system at 10 Shoham Rd, in the M-1 Zone, Map 3, Block 17, Lot 6A & J.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions).

Referenced Plans:

1/3     Site Plan Modification prepared for USA Hauling & Recycling Inc., 10 Shoham Road, East Windsor, CT>  Zone M1, Map 3, Blk 17, Lot 6A & J prepared by William R. Palmberg & Son, LLC - Land Surveyors, 264 Hazard Avenue, Enfield, CT.  06082 860/763-3300, 763-3344/fax AND JR Russo and Assoc. LLC, 1 Shoham Rd, East Windsor, CT., 06077, 860-623-0569, 623-2485/fax, scale 1” = 40’, dated 3/26/09.

2/3     Erosion & Sediment Control Notes

3/3     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 asigns.   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 prints and one set of final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.   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 Certificate 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 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:

8.      In accordance with Article 900.3.h of the Zoning Regulations, A Site Plan approval shall become null and void in one year from the date of approval if the activities have not commenced, and the site plan shall be considered to be disapproved.

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.

Additional Conditions:

14.     Revised plan should reflect 10’ set back from property line for drive aisles.

15.     Chain link fence and landscaping details to be shown on plans.

16.     That the existing drive on North Road be limited to entering only vehicles and signed as such.

DISCUSSION:     The Commission decided that it would be difficult to limit left turns in from Route 140/North Road, and decided to limit access to “entrance only”.  The applicant will look into seeking permission of the landowner to allow installation of signage.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)

BUSINESS MEETING/(1)  Revision/correction to Victory Estates motion of approval:

Town Planner Whitten reported this was an approval for a 41 unit condominium complex made 4 years ago.  She referenced the church site, and the proposed location of the 41 unit complex nearby.   The church planned to develop this property, but with the passing of Reverend Saunders they are now trying to sell the property.   Town Planner Whitten noted there was an error in the site address stated in the approval motion, which is causing problems with a potential sale of the property.   One of the property addresses was omitted, and one of the lot numbers was listed incorrectly.  The corrected motion will then be re-filed.  Town Planner Whitten suggested these revisions don’t affect the conditions of approval, or the timeframe of the approval; it’s just a clarification of numbers.  The church has 1 year left on the approval timeframe; if this sale happens there may be development at the site in a month or two.  Town Planner Whitten noted this is a clarification of an incorrect address reference.  This was a Special Use Permit Application; an amended motion must be filed.

MOTION:         To APPROVE the Application of Victory Outreach Ministries, Inc. for Site Plan Review and Special Use Permit (in accordance with Sec. 8a of the Zoning Regulations) to allow a 41-unit condominium housing development in a Special Development District, located at 329, 341, and 343 Scantic Road [A-1 Zone; Map 39, Block 34, Lots 61, 60, 62, and 62B].   This revision is to correct parcel reference errors in the original motion, and is not intended to change any conditions of approval or approval time frames.

Devanney moved/Gowdy seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)

BUSINESS MEETING/(2)  Correspondence:   None.

BUSINESS MEETING/(3)  Staff Reports:    None.

Chairman Ouellette reported he has sent a second letter to Commissioner Matthews requesting he begin attending Commission meetings again, or consider resigning.  He has had no response to his letters.   He requested First Seletman Menard bring the issue up at a Board of Selectmen Meeting, but has received an e-mail response indicating that there is nothing in the current charter which allows removing an appointed official.  Chairman Ouellette suggested he plans to appear at the Board of Selectmen’s Meeting to discuss this issue.   Discussion followed regarding the Commission’s present bylaws, steps to be taken regarding lack of attendance and its affect on Commission activity, and consideration of bylaw revisions.

APPROVAL OF MINUTES/May 26, 2009:

MOTION:  To APPROVE the Minutes of Public Hearing #1548 dated May 26, 2009 as presented.

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

SIGNING OF MYLARS/PLANS, MOTIONS:       Nothing noted.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 8:21 p.m.

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



Respectfully submitted,

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