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July 14, 2009 Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1551
July 14, 2009


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) were present.    Alternate Members Matthews, Mulkern, and O’Brien were absent.  Chairman Ouellette noted all Regular members would sit in on all Items of Business this evening.   Town Planner Whitten was on vacation this week; Wetlands Agent Newton, who offers the Commission back-up support, was not available to attend this meeting.

ADDED AGENDA ITEMS:     None.

RECEIPT OF APPLICATIONS:

Chairman Ouellette acknowledged the receipt of the following Applications:

1)      Application of DSE Properties, LLC for a 5-lot subdivision of property located at 16 Windsorville Road.  [R-1 Zone; Map 25, Block 47, Lot 17].

2)      Application of Shoham Road Transfer, LLC for a Special use Permit for the operation of a        transfer station at 9 & 11 Shoham Road, owned by 9-13 Shoham Road, LLC.   [M-1  Zone; Map 3, Block 17, Lots S6 & S7].

LEGAL NOTICE:

The following Legal Notice, which appeared in the Hartford Courant, Thursday, July 2, 2009 and Thursday, July 9, 2009, was read by Chairman Ouellette:

1)      Application of Kirk Stafford for a 1-lot resubdivision of property located at 56 Tromley Road.   [A-1 Zone; Map 29, Block 20, Lot 27].

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  Victory Estates, Special Use Permit/Site Plan Approval - Request for 5-year extension (approved on 10/25/2005; valid through 10/25/2010):

Chairman Ouellette noted receipt of letter dated June 25, 2009 from Attorney Antoinette M. Webster, representing Victory Outreach ministries, Inc.   The letter requested a five year Site Plan  extension to October 25, 2015.

The Commission discussed noted the current permit continues through 2010.   They discussed if the five year extension would extend from approval tonight, in 2009, through 2014, or would the five year extension begin at the expiration of the current permit in 2010, which would take the new permit through 2015 as requested.  The intent of the extension was discussed; Commissioners felt perhaps the request was associated with the possible sale of the property, as at a previous meeting the Commission had been asked to correct/clarify the property address.

MOTION: To GRANT A FIVE YEAR EXTENSION TO 10/25/2015 for Victory Estates Special Use Permit/Site Plan Approval for property at 329, 341 & 343 Scantic Road, East Windsor.

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

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:

Chairman Ouellette advised the Commission he had spoken with Town Planner Whitten prior to this Meeting; she had indicated the issue now was really one of scheduling for all parties.   Talks had been occurring between the attorneys, the builder, and the Association staff during the past month.

Commissioner Gowdy objected, noting this is yet another request for an extension of a Special Use Permit for a project which should have been completed.  He felt discussions should be further along, with resolutions planned or in the works, for completion of the project.   Various Commissioners noted both the recent weather and the current economy as reasons for the delays; Commissioners Farmer and Thurz pointed out items which had been items of contention between the Association and the builder, noting several of those items have been taken care of by the builder.  Commissioner Farmer suggested considering this extension the final one available to the builder.   The Commission also discussed the affect of denying future extensions, which would halt the project for this developer and require the filing of a new application by someone else to complete the project.  All members agreed it was more beneficial to the homeowners to continue to work with the current developer to resolve outstanding issues.   It was also noted that the bonding currently in place for this project does not cover cost of the completion of this private road.

Motion to approve the extension of Application of Coleman Farms East Windsor LLC for a Special Use Permit to allow up to 65 units of active adult housing development and associated improvements on a 14.5 acre parcel located on the north side of Tromley Road, East Windsor, Connecticut, on property owned by Coleman Tromley, LLC, presently zoned Age Restricted
Housing District (ARHD) as shown on assessor’s map 28, Block 19, Lot 67 & 86.  The current approval expiring on July 14, 2009 is extended to  expire August 12, 2009,  and is subject to the following conditions of approval:

1.      12 units remain to receive certificates of occupancy.  Units 2,3,21,39, and 50 are currently under construction. These units may obtain certificate of occupancies

2.      Seven units remain to be built. These include units 9,10, 11, 12, 34, 55 and 56.        With    regard to the un-started units:

a.      Certificate of Occupancies may be issued for up to two un-started units when substantial commencement of the clubhouse has occurred.  The term “substantial commencement” means that the foundation and rough framing completed with respect to the club house, which is to be built as part of the Project.  The club house construction shall commence no later than June 30, 2007.

b.      Upon substantial completion of the items listed in Schedule “A” attached, a certificate of occupancy may be issued for an additional one of the un-started units.  Substantial completion means that the items listed on Schedule “A” have all been completed to the extent that only a punch list of items remain to be completed.

c.      Certificates of occupancy can be issued for the last four units when the work described in Schedule ”A” has been completed, it being understood that the road overlay will not occur until all of the units are completed, but the responsibility to complete the road is covered by the bond in place by the Town of East Windsor.  

        d.      Should these requirements not be met, a letter from the Homeowners                      Association stating agreement will suffice.

3.      All aspects of this project must be completed and inspected, and a certificate of occupancy     must be obtained for the clubhouse and all structures prior to request for any bond release.  Final as built of road and project are required before any bond release.  As built shall include, but is not limited to roadway, catch basins, all landscaping, fencing (6’ high chain link along property line abutting Flaherty Field, or fencing as agreed to between Owners of Coleman Farms and Flaherty Fields) and all structures.

SCHEDULE “A”

1.      Complete and repair ponds. Timelines per wetlands permit must be adhered to.

2.      Complete the installation of the irrigation system for all units for which a Certificate of Occupancy has been issued, including rain sensors.

3.      Build and complete Community center

4.      Road Overlay – finished course

5.      Install missing curbing for all units for which a Certificate of Occupancy has been issued.  However, the Owner shall not be responsible for replacement of curbing which has been damaged by the Unit Owner.  In that event, the Association shall be responsible for the cost to replace curbing which has been damaged by unit owners.

6.      Sidewalks replaced and concrete failure.  

7.      The owner specifically notes that the Owner has replaced or repaired the sidewalks/concrete as necessary with respect to Unit #59, and no such repairs are required for Unit #51.

8.      Community Walking trails

9.      Complete landscape work pursuant to landscape design plan for all units for which a Certificate of Occupancy has been issued.

10.     Remove white fence at project entrance

11.     Waterfall in pond area #1 needs fill near electric box, and shrubs need relocation as they are growing into waterfall area.

12.     Drainage issues: Erosion of lawn areas and standing water in driveways and roadways need to be fixed.  Specific sites  are inclusive of , but not limited to:

                a.  20 Old Barn – regrade back of unit to eliminate ponding water

                b.  15 Steeplechase – repair erosion at rear of building

                c.  1 Old Barn – address drainage between sidewalk and curb.

DISCUSSION:  Commissioner Gowdy objected to the extension approval.   He recalled that during previous meetings the builder’s attorney was present and indicated they would meet with the Association representatives and Town Planner Whitten was to be a moderator for all parties.  Commissioner Gowdy felt that has not happened; he further felt that at this point there should be common ground between the attorney and the other parties.  Commissioner Farmer suggested the Commission could add a condition that this extension is the final extension to be granted.   The Commission concurred that denying future extensions wouldn’t help the people living in the development.  Chairman Ouellette felt that by pushing out the date that gave everyone the chance to fulfill some of the issues.  Commissioner Devanney cited weather conditions have been a problem recently.  Commissioner Gowdy felt the details regarding these issues could have been ironed out.  Commissioner Farmer noted the builder has been working on some things; the trailer is gone and other things have happened.  Commissioner Gowdy reviewed the attorney’s letter, noting the issues to be dealt with; he suggested he was leaning towards denial.  Commissioner Devanney noted that Town Planner Whitten was required to take vacation time off, and she’s had two recent surgeries.  Chairman Ouellette and Commissioner Thurz felt going back to square one (denying the extension, which would suspend the project) was not a good move; Commissioner Farmer felt if the Town pulls the plug on the builder then the Town is required to finish the subdivision, and the bond being held by the Town isn’t large enough to finish the road.  Commissioner Farmer reiterated his suggestion to give the builder one more extension until August 12th, and if the parties haven’t come to an agreement by then it’s over.  Commissioner Gowdy indicated he could agree to that, but noted he had mixed emotions on that action.  He recalled the builder had said he had the same problems in Bolton; his history isn’t good.  Commissioner Gowdy agreed to the last extension.

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

PERFORMANCE BONDS - ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  Kingshire Subdivision, Phase 2 & 3 - Request for reduction of the performance bond:

The Commission noted the previous delay was due to not knowing what amount of bonding existed for the phases referenced in the bond reduction request.   That information has now been clarified for the Commission.

MOTION TO APPROVE reduction of performance bonds for Phase II, Dempsey Road to $90,000 and Phase III, Napoleon Drive to $210,000.  The developer must complete the items listed by Leonard Norton, Town Engineer, on his memo of 6/15/09 and 7/9/09 prior to release of the remainder of bond amount.

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

NEW BUSINESS;  Kirk Stafford - 1-lot Resubdivision of property located at 56 Tromley Road.  [R-3 & A-1 Zone; Map 29, Block 20, Lot 27]  (Deadline to close hearing 8/18/09):

Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Jay Ussery, of J. R. Russo and Associates, and the property owner, Kirk Stafford.

Mr. Ussery described the property which is located on the south side of Tromley Road.  The parcel currently contains one existing house on the west side of the property.   Mr. Ussery noted that there are a number of single family residences which were developed to the west of this parcel going towards the high school; those lots were originally part of this parcel which causes this application to be a resubdivision application.   The application shows a property line to create a subdivision for a potential house.   Utilities exist in the street to service this new lot.  

Mr. Ussery noted Town Engineer Norton had cited concern for an increase in run off due to an increase in impervious coverage caused by construction of a new house.   New plans being submitted to the Commission this evening address that concern by infiltrating the roof water back into the ground.   Mr. Ussery referenced Town Engineer Norton’s subsequent memo dated July 14, 2009 indicated his comments have been adequately addressed.

Mr. Ussery noted the Application also seeks two waivers, one for sidewalks and one for street lights.

Mr. Ussery noted there is a wetlands (pond) off the property on the Putriment Estate.   While that pond doesn’t impact this parcel a “No Jurisdiction” ruling was required from the Inland/Wetlands Commission.   Mr. Ussery noted Staff has made an Administrative Ruling of “No Jurisdiction” on behalf of the Inland/Wetlands Commission.

Mr. Ussery also noted the Applicant is not providing an Open Space allocation, but is offering a Fee-In-Lieu of Open Space.

Chairman Ouellette noted a concrete pad from an old barn currently exists on the parcel.  He questioned if use of that pad for another building would require the applicant to return to this Commission because that would be changing the Site Plan?  Mr. Ussery suggested that would not be the case for the subdivision.   It would be similar to adding a shed or garage later; that would require a Building Permit.   He also noted for this location such action would also require a Wetlands Permit.

Commissioner Gowdy noted the lot split is not being made on the zone line, which would leave the current house located in both an R-3 Zone and an A-1 Zone.   He questioned if that would require a Zone Change Application?   Mr. Ussery replied negatively, noting the lot had been surveyed and pins put in before they realized this Application should have been for a resubdivision so the lot division isn’t quite on the zone line.  Mr. Ussery also felt there was an option in existing regulations which addressed this situation.

MOTION: To CLOSE THE PUBLIC HEARING on the Application of Kirk Stafford for a 1-lot Resubdivision of property located at 56 Tromley Road.  [R-3 & A-1 Zone; Map 29, Block 20, Lot 27].

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

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) as none exist in the area.

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

MOTION to APPROVE fee in lieu of open space for the sum of $2,000 for the new lot.

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

MOTION TO APPROVE the Application of Kirk Stafford requesting  a 1 lot re-subdivision at property known as 56 Tromley  Road [Map 30, Block 31 Lot 1] in the R-3 and 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, Tromley Road, property of Kirk Stafford, 56 Tromley Road, East Windsor CT 06088, prepared by JR Russo & Assoc., LLC, 1 Shoham rd, East Windsor, CT 06088, 960/623-0569, 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 East Windsor WPCA requirements for sewer hook up.

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 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, sheets1-3 of 3, 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 grading and seeding shall be in place or a bond for the unfinished work   submitted.

15.     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 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.

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

BUSINESS MEETING/(1)  Correspondence:   None.

BUSINESS MEETING/(2)  Staff Reports:    None.

APPROVAL OF MINUTES/June 9, 2009:

MOTION: To APPROVE the Minutes of Public Hearing #1549 Regular Meeting dated June 9, 2009 as written.

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

APPROVAL OF MINUTES/June 23, 2009:

MOTION: To APPROVE the Minutes of Public Hearing #1550 Regular Meeting dated June 23, 2009 as written.

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

SIGNING OF MYLARS/PLANS, MOTIONS:       None.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 7:42 p.m.

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



Respectfully submitted,

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