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September 24, 2009 (Special Meeting) Minutes
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Special Meeting  #1556
September  24, 2009


The Meeting was called to order at 6:30 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 three Regular Members (Devanney, Gowdy, and Ouellette), and one Alternate Member (O’Brien) were present.    Regular Members Farmer and Thurz, and Alternate Members Matthews and Mulkern were absent.  Chairman Ouellette noted Alternate Commissioner O’Brien would sit in on items under discussion this evening.  

Also present was Town Planner Whitten.

Chairman Ouellette opened discussion on the following Agenda items:

CONTINUED HEARING:  Shoham Road Transfer, LLC - Extend approval for a Special Use Permit to allow the operation of a transfer station in conjunction with an existing volume reduction facility located at 9 & 11 Shoham Road, owned by 9-13 Shoham Road.  [M-1 Zone; Map 3, Block 17, Lots S6 & S7] (Deadline to close hearing 9/24/09):

Appearing to discuss this Application was Attorney T. Mark Barbieri, representing the Applicant; Jonathan Murray, Operations Manager for Shoham Road Transfer, LLC; and Jay Ussery, of J. R. Russo & Associates, Professional Engineer.  Also accompanying the presentation team was Frank Antonacci, owner/applicant.   Staff Attorney Ed Spinell was available in the audience.  

Attorney Barbieri recalled that the Commission had closed the Public Hearing on the Volume Reduction Facility at the previous meeting; the Application for the Special Use Permit to operate the transfer station in conjunction with the volume reduction facility remains open for continued discussion.  Attorney Barbieri noted the Commission has received in their packets the requested report on noise reduction.

Jonathan Murray noted the firm HMB did n engineering analysis of the noise emanating from the location.   Their recommendation was to install two additional sound barriers to further reduce noise, one barrier will consist of 106’ linear feet of fabric to be installed along a support wall 20’ high towards the center of the parcel, and another 240’ linear feet of fabric to be installed along the property line and attached to the existing 12’ high fence.  Mr. Murray advised the Commission that the report contains information on the fabric material; he displayed a sample of the fabric which is padded and quilted and appeared to be impermeable.    Mr. Murray indicated the material absorbs the sound and deflects it back into the site from which the sound is emanating.  A four to six week lead time is required to order the material; a few weeks to a couple of months will be required to install the barriers.  Attorney Barbieri noted the material is made for this part of the country.   Mr. Murray reported they will acquire a Building Permit for the installation of the barriers.  Town Planner Whitten indicated that a copy of the report has been added to the department files for both applications.

Mr. Ussery referenced plans before the Commission, noting that the fabric will be installed along the existing 12’ fence along the property line; the second barrier will be installed on an engineered frame.  

Chairman Ouellette questioned how this material might react to vandalism?   Mr. Ussery noted the location is a gated premises; the material will be located on the inside of the premise so people would have to come into the property to create vandalism.  Mr. Murray noted no vandalism presently occurs at the site.  

Commissioner O’Brien questioned the life cycle of the material?   Mr. Murray suggested they have been advised the barrier will last 20 years.   He referenced other locations nationally where this material has been used.  Commissioner O’Brien cited the weight of the material on the existing fence.   Mr. Murray indicated the fence and wall would be re-enforced on the back, and would be built to handle wind load.  Attorney Barbieri noted this is an on-going project; they will maintain the barrier and abide by the controls as they would if this were a detention basin.   Reports will be submitted as requested.  

Commissioner Devanney questioned if the Commission could visit the site after installation to view the barrier?  Mr. Murray replied affirmatively.  

Attorney Barbieri noted the Applicant is asking for a seven year permit.

Chairman Ouellette queried Mrs. Dzikot (a neighbor behind the facility) if her concerns have been satisfied?   Mrs. Dzikot replied affirmatively, noting that Mr. Murray had showed her a sample of the material.   She indicated she is willing to try the sound barrier.

Commissioner Gowdy indicated he was in favor of the seven year extension.  The Commission discussed the addition of  appropriate conditions to deal with the sound barrier, report submission, the permit extension, and the Commission’s ability to react to violations of the conditions.  Attorney Barbieri reviewed, and was comfortable with, the proposed language.

MOTION: To CLOSE the Public Hearing on the Application of Shoham Road Transfer, LLC – Extend approval for a Special Use Permit to allow the operation of a transfer station in conjunction with an existing volume reduction facility located at 9 & 11 Shoham Road, owned by 9-13 Shoham Road.  [M-1 Zone; Map 3, Block 17, Lots S6 & S7].

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


(The following motion is a compilation of conditions 1 – 12 followed by 1 – 34 taken from PZC Meeting #1513 dated August 14, 2007):

MOTION TO APPROVE the Application of Shoham Road Transfer, LLC to extend  approval for a Special Use Permit for operation of a volume reduction facility located at 9 & 11 Shoham Road, owned by 9-13 Shoham Road,  M-1 Zone. (Map 5, Block 17, Lots S6 & S7).

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

Referenced Plans:

*       Special Permit Volume Reduction facility prepared for Shoham Road Transfer, LLC, 11 Shoham Road, East Windsor CT Map 3, Blk 17,Lot S6 & S7 Zone M1, prepared by JR Russo & Assoc. 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/623-2485 fax, dated 6/6/07 revised through 7/9/09
*       Sheet 2/2 – Flow Diagram, revised through 7/9/09

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

1.      The applicant shall submit a paper copy of the final approved plans (revisions included) to the Town Planner for review and comment prior to the submission of the final mylar(s).

2       Final plans submitted for signature shall require the seal and live signature of the appropriate design professionals 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.
4.      A copy of the final approved motion and original special use permit conditions of approval as amended, shall be filed by the applicant on the land records prior to the Commission signing of the final plans.

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

5.      Two final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  One shall be filed on the Town Land Records, and  one filed with the Planning and Zoning Department

General Conditions:

6.      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

7.      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.

8.      These two special use permit approvals are extended August 14,2016.  Continued operation of this volume reduction and transfer station facility beyond August 14, 2016 shall require a new public hearing and special permit approval by the commission for both applications.

9.      The applicant must demonstrate that reasonable measures will be taken, as necessary, to prevent the generation of unpleasant or noxious odors, vectors and noise that may have a substantial adverse impact off-site from the facility.

10.     The applicant shall install a sound barrier as approved by the Commission by December 31, 2009. Final location and type of barrier shall be reviewed and approved by the Town Planner prior to installation.

11.     A report describing noise measurements before and after the sound barrier is installed shall be submitted to the Commission from a Professional Sound Engineer.  Subsequently, a quarterly noise report shall be submitted.  After one year the reporting  requirement shall be re-assessed,  by the Commission.

12.     These two special use permit approvals are subject to the original volume reduction facilities approval dated May 12, 1998, revised August 14, 2007; together with an amendment to item #32, as in previous conditions as follows:

TOWN OF EAST WINDSOR – PLANNING & ZONING COMMISSION
AUGUST 14, 2007 – MEETING #1513

CONDITIONS OF APPROVAL:

Shoham Road Transfer, LLC – Applicant
9-13 Shoham Road, LLC – Owner
Special Use Permit  (Transfer Station)
9 & 11 Shoham Road
East Windsor, Connecticut

TO APPROVE the application of Shoham Road Transfer, LLC for a Special Use Permit to allow the operation of a transfer station in conjunction with an existing volume reduction facility located at 9 & 11

Shoham Road, owned by 9-13 Shoham Road, M-1 zone.  (Map 3, Block 17, Lots S6 & S7)

Referenced Plans:

Special Permit, Volume Reduction facility prepared for Shoham Road Transfer, LLC, 11 Shoham Road, East Windsor CT Map 3, Blk 17, Lot S6 & S7 Zone M1, prepared by JR Russo & Assoc., 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/623-2485 fax, dated 6/6/07, Sheet 2/2 – Flow Diagram

“Somers Sanitation Service, Inc. Volume Reduction Facility, Shoham Road, East Windsor, Connecticut; Owner – Applicant: Somers Sanitation Service, Inc. 13 Shoham Road East Windsor, Connecticut 06088 (203) 623-2070; Engineer:  J.R. Russo & Associates, Land Surveyors & Professional Engineers, 1 Shoham Road, East Windsor, Connecticut 06088, (203) 623-0569.”

“Key Map, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 1 of 6, Scale 1”=100’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 2 of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3 of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Operations Layout & Floor Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3A of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Flow Diagram, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 4 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Soil Erosion & Sediment Control Notes, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 5 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Detail Sheet, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 6 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Improvement Location Map Plot Plan, Prepared for Somers Sanitation Service, Inc. Shoham Road, East Windsor, Connecticut, 623-2070”, Sheets 1 of 2 and 2 of 2, by J.R. Russo & Associates, dated 4-10-98.

Said plans which are on file in the Town Clerk’s Office and the following:

“Key Map, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc. Shoham Road, East Windsor, Connecticut, 623-2070” sheet 1 of 3, Scale 1”=100’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

“AS-BUILT, Improvement Location Map, Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor,

Connecticut, 623-2070” Sheet 2 of 3, Scale 1”=20’, by J.R. Russo & Associates, dated 4-11-94 and revised

to 6-29-94.

“Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc. Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3 of 3, Scale 1”=20’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

Supporting Documents:

“Supporting Documentation for Permit Application, Somers Sanitation Service, Inc. Volume Reduction Facility, 13 Shoham Road, East Windsor, Connecticut, 06088 Prepared by: Roy F. Weston, Inc. I-91 Tech Center, 85 Brook Street, Rocky Hill, Connecticut 06067, May 1991”

F.A. Hesketh & Associates, Inc. 101 Millbrook Common, Bloomfield, CT 06002, Letter to Mr. Frank Antonacci dated June 2, 1991 RE: Volume Reduction Facility.

The Stanley Sack Co., Inc., Barber Pond Road, P.O. Box 262 Bloomfield, CT 06002; Letter dated June 9, 1994 To Whom It May Concern re: material from Somers Sanitation (2 pages)

Michael Sciavone & Sons Inc., Universal Drive, North Haven, Connecticut, 06473; Letter to John Pizzamente dated June 9, 1994, re: markets for light iron, heavy misc. steel and various non-ferrous products.

EIRCO Environmental LLC, P.O. Box 265, Hampton, N.H. 03842; Letter to John Pizzamenti re: refuse handling.

“Waste Paper Supply Agreement Between Somers Sanitation, Inc. East Windsor, Connecticut and Paper Recycling International, Old Corrugated Containers, April 1993”

Conditions which must be met prior to signing of the final mylars:

1.      That a detailed estimate of bonding requirements for site improvements be prepared by the applicant and submitted to the town engineer for review and approval.  The surety shall be maintained, in a form acceptable to town counsel.  A maintenance bond in the amount of 10% of the bond shall be provided prior to the release of the original performance bond.  The maintenance bond shall be retained for a period of 1 year after the bond is released to guarantee the maintenance and repair of required improvements.

2.      A separate bond shall be posted and maintained by the applicant to ensure compliance with all conditions of the approval including, but not limited to, provisions for protecting the Town of East Windsor in the event a facility terminates operations with a large amount of material remaining on the site.  Due consideration to bonding requirements of other governmental agencies and/or permit or licensing authorities will be given so as not to duplicate and/or over bond the operator.  For credit to be given under this condition the operator shall demonstrate that the Town of East Windsor is a named party with rights to call the bond.

3.      All conditions of approval associated with this volume reduction facility shall be binding upon the applicant, landowners, and/or their successors and assigns.  A copy of this approval shall be filed in the land records of the subject parcel prior to such approval becoming effective.

4.      The plans shall be revised to clearly indicate that this approval does not include the operation of the wood chipper.  Any operation of the chipper for noise test purposes shall be conducted only after prior notification to the Town Planner or Zoning Enforcement Officer.

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


5.      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 prior to this approval taking effect.  One set shall be filed in the zoning office.

6.      No further permits shall be issued until the mylars are signed and filed.

Conditions which must be met prior to issuance of certificate of compliance:

7.      No zoning certificates of compliance shall be issued until the drainage has been completed.

8.      Final as-built drawings certified by the appropriate design professional(s) shall be submitted indicating compliance with all applicable regulations and conditions of approval.

General Conditions:

9.      The hold harmless agreement originally filed on the land records shall remain in full force and effect.

10.     The Town of East Windsor will bear no responsibility for the disposal of any residue generated from the facility.  There is a separate hold harmless filed on the land records with the previous approval.

11.     The applicant shall continue to allow the Commission’s staff to conduct reasonable inspections of the volume reduction facility, including spot inspections.  Failure to comply with any request for inspection shall constitute a violation of this permit and the East Windsor Zoning Regulations.

12.     A zoning permit shall be obtained prior to the start of construction or change in use to a volume reduction facility.  All such permits shall be valid for one year.  Each yearly application for a zoning permit shall be accompanied by appropriate documentation of the facility’s compliance with the provisions of the regulations and these conditions of approval.  The zoning permit application shall also be accompanied by an application fee to be set by the Board of Selectmen.

13.     Only those materials which are identified on Sheet 2 of 2 dated 6-6-07 of the referenced plans “Flow Diagram” may be accepted by the volume reduction facility.  Except that no wood for chipping may be accepted unless specifically approved by the East Windsor Planning and Zoning Commission under a separate permit or amendment, except that this provision does not apply to transfer station activities.

14.     The application states that 60-70% of the material accepted at the facility is currently recyclable.  The applicant shall make all efforts to maintain or exceed this level.  In no case shall the solid waste generated after materials are processed (residue) exceed 49% of the total volume.  Except that this condition does not apply to transfer station activities.

15.     The applicant shall maintain a suitable place for disposal of solid waste residue off-site.  This special use permit may be revoked by the Commission if the Commission finds that residue is not being disposed of in an authorized place and manner.  The applicant shall notify the Commission, in writing, of any changes in the disposal locations specified in Sheet 4 of 6 of the referenced plans (Flow Diagram) or in its supporting documentation.

16.     All incoming materials accepted at the volume reduction and transfer station facility shall be stored indoors on an impervious surface designed to prevent leachate from such materials from entering the ground.  The impervious surface shall be designed and maintained to accommodate the total anticipated volume of materials to be received and processed at the facility.

17.     No mixed solid waste which cannot be viably separated and which may result in the contamination of recyclables shall be accepted at this facility, except that this provision doesnot apply to transfer station
 
materials.

18.     The facility shall comply with all the permit requirements of the State of Connecticut, Department of Environmental Protection.

19.     All materials, such as clean wood materials, asphalt, concrete, stone and other similar materials accepted at the facility shall be processed and stored as indicated in the referenced plans and documentation.

20.     Buffer zones and landscaping shall be maintained as indicated on the plans to prevent any visual impacts on surrounding streets and properties.

21.     All operations shall be conducted indoors, except for temporary storage of processed material which may be outdoors with appropriate containment as indicated on the plans and supporting documentation.

22.     Incoming material shall be processed within 24 hours of arrival on the site.  Any residue shall be removed from the site within 24 hours after separation.  In no case shall any recyclable materials be allowed to remain on site for more than 3 days prior to their removal from the site.  This provision does not apply to transfer station material and activities which must remove all material by the close of each business day.

23.     Separated materials, such as paper, cardboard, appliances, metals, glass, plastics, fluids and other similar materials shall be stored temporarily in a structure and/or on a surface designed to prevent the infiltration of precipitation into such materials.

24.     The operating hours for the facility shall be as follows:

6:00 A.M. – 5:00 P.M.  Monday-Friday except that no machinery may be operated until 7:30 A.M.

6:00 A.M. – 12:00 Noon on Saturday except that no machinery may be operated until 7:30 A.M.

NO OPERATION of this facility on Sunday or legal holidays.

25.     Any complaints of unpleasant or noxious odors that may be received from the public or Commission  staff shall be investigated by the applicant.  Any apparent sources of such odors shall be remedied within 48 hours of receipt of the complaint.  A written response to any complaint shall be submitted to Commission staff by the applicant within one week of receiving such complaint.

26.     The applicant or operator shall provide Commission staff with periodic reports (with a minimum of quarterly submittals) of incoming and outgoing tonnage with details on the different types and amounts of material processed and the amounts of such materials that are recycled.

27.     This facility shall be operated in compliance with all other applicable requirements of Section 9 of these regulations as well as any other applicable general requirements of the zoning regulations.  In the case of any conflict between regulations or standards, the more restrictive regulation or standard shall apply.

28.     Failure to comply with any regulation, condition or safeguard attached to this special use permit shall constitute a violation of this permit and the East Windsor Zoning Regulations.  The Commission may revoke this special use permit, after holding a hearing, upon finding that the volume reduction facility is in violation of any regulation or of its conditions of approval.

29.     This application is subject to approvals from the East Windsor Zoning Board of Appeals on file in the land records.

30.     Additional drainage and erosion control measures are to be installed as directed by town staff if field conditions necessitate.

31.     Any modifications to the proposed drainage for the site plan is subject to the approval of the town engineer.

32.     Pursuant to Section 2.7.6 (f) of the East Windsor Zoning Regulations the East Windsor Planning and Zoning Commission exercises its discretion by EXTENDING THE APPROVAL FOR THESE TWO Special Use Permits  until August 14, 2016.  Continued operation of this volume reduction facility and transfer station  BEYOND THE EXPIRATION DATE shall require a new public hearing and approval by the Commission in accordance with its Regulations. (amended 9/09)
33.     This project shall be constructed and maintained in accordance with the referenced plans.  Minor modifications to the approved plans which result in lesser impacts may be allowed subject to staff review and approval.

34.     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.

This was amended from previous approval dated May 12, 1998 and shown on the Land Records, Vol. 204, Pages 942 through 947.

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

OLD BUSINESS:  Shoham Road Transfer, LLC - Extend approval for a Special Use Permit for the operation of a volume reduction facility at 9 & 11 Shoham Road, owned by 9-13 Shoham Road, LLC.  [M-1 Zone Map; Block 17, Lots S6 & S7]  (Hearing closed 9/8/09; deadline for decision 11/12/09):

(The following motion is a compilation of conditions 1 – 12 followed by 1 – 34 taken from PZC Meeting #1513 dated August 14, 2007):

MOTION TO APPROVE the Application of Shoham Road Transfer, LLC to extend  approval for a Special Use Permit for operation of a volume reduction facility located at 9 & 11 Shoham Road, owned by 9-13 Shoham Road,  M-1 Zone. (Map 5, Block 17, Lots S6 & S7).

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

Referenced Plans:

*       Special Permit Volume Reduction facility prepared for Shoham Road Transfer, LLC, 11 Shoham Road, East Windsor CT Map 3, Blk 17,Lot S6 & S7 Zone M1, prepared by JR Russo & Assoc. 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/623-2485 fax, dated 6/6/07 revised through 7/9/09
*       Sheet 2/2 – Flow Diagram, revised through 7/9/09

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

1.      The applicant shall submit a paper copy of the final approved plans (revisions included) to the Town Planner for review and comment prior to the submission of the final mylar(s).

2       Final plans submitted for signature shall require the seal and live signature of the appropriate design professionals 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.

4.      A copy of the final approved motion and original special use permit conditions of approval as amended, shall be filed by the applicant on the land records prior to the Commission signing of the final plans.

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

5.      Two final mylars, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission.  One shall be filed on the Town Land Records, and  one filed with the Planning and Zoning Department

General Conditions:

6.      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

7.      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.

8.      These two special use permit approvals are extended August 14,2016.  Continued operation of this volume reduction and transfer station facility beyond August 14, 2016 shall require a new public hearing and special permit approval by the commission for both applications.

9.      The applicant must demonstrate that reasonable measures will be taken, as necessary, to prevent the generation of unpleasant or noxious odors, vectors and noise that may have a substantial adverse impact off-site from the facility.

10.     The applicant shall install a sound barrier as approved by the Commission by December 31, 2009. Final location and type of barrier shall be reviewed and approved by the Town Planner prior to installation.

11.     A report describing noise measurements before and after the sound barrier is installed shall be submitted to the Commission from a Professional Sound Engineer.  Subsequently, a quarterly noise report shall be submitted.  After one year the reporting  requirement shall be re-assessed,  by the Commission.

12.     These two special use permit approvals are subject to the original volume reduction facilities approval dated May 12, 1998, revised August 14, 2007; together with an amendment to item #32, as in previous conditions as follows:

TOWN OF EAST WINDSOR – PLANNING & ZONING COMMISSION
AUGUST 14, 2007 – MEETING #1513

CONDITIONS OF APPROVAL:

Shoham Road Transfer, LLC – Applicant
9-13 Shoham Road, LLC – Owner
Special Use Permit  (Transfer Station)
9 & 11 Shoham Road
East Windsor, Connecticut


TO APPROVE the application of Shoham Road Transfer, LLC for a Special Use Permit to allow the operation of a transfer station in conjunction with an existing volume reduction facility located at 9 & 11 Shoham Road, owned by 9-13 Shoham Road, M-1 zone.  (Map 3, Block 17, Lots S6 & S7).

Referenced Plans:

Special Permit, Volume Reduction facility prepared for Shoham Road Transfer, LLC, 11 Shoham Road, East Windsor CT Map 3, Blk 17, Lot S6 & S7 Zone M1, prepared by JR Russo & Assoc., 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/623-2485 fax, dated 6/6/07, Sheet 2/2 – Flow Diagram

“Somers Sanitation Service, Inc. Volume Reduction Facility, Shoham Road, East Windsor, Connecticut; Owner – Applicant: Somers Sanitation Service, Inc. 13 Shoham Road East Windsor, Connecticut 06088 (203) 623-2070; Engineer:  J.R. Russo & Associates, Land Surveyors & Professional Engineers, 1 Shoham Road, East Windsor, Connecticut 06088, (203) 623-0569.”

“Key Map, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 1 of 6, Scale 1”=100’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 2 of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3 of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Operations Layout & Floor Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3A of 6, Scale 1”=20’, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Flow Diagram, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 4 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Soil Erosion & Sediment Control Notes, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 5 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Detail Sheet, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 6 of 6, by J.R. Russo & Associates, dated 2-24-92 and revised to 4-13-92.

“Improvement Location Map Plot Plan, Prepared for Somers Sanitation Service, Inc. Shoham Road, East Windsor, Connecticut, 623-2070”, Sheets 1 of 2 and 2 of 2, by J.R. Russo & Associates, dated 4-10-98.

Said plans which are on file in the Town Clerk’s Office and the following:

“Key Map, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc. Shoham Road, East Windsor, Connecticut, 623-2070” sheet 1 of 3, Scale 1”=100’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

“AS-BUILT, Improvement Location Map, Plot Plan, Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc., Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 2 of 3,

Scale 1”=20’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

“Special Permit/Volume Reduction Facility, Prepared For Somers Sanitation Service Inc. Shoham Road, East Windsor, Connecticut, 623-2070” Sheet 3 of 3, Scale 1”=20’, by J.R. Russo & Associates, dated 4-11-94 and revised to 6-29-94.

Supporting Documents:

“Supporting Documentation for Permit Application, Somers Sanitation Service, Inc. Volume Reduction Facility, 13 Shoham Road, East Windsor, Connecticut, 06088 Prepared by: Roy F. Weston, Inc. I-91 Tech Center, 85 Brook Street, Rocky Hill, Connecticut 06067, May 1991”

F.A. Hesketh & Associates, Inc. 101 Millbrook Common, Bloomfield, CT 06002, Letter to Mr. Frank Antonacci dated June 2, 1991 RE: Volume Reduction Facility.

The Stanley Sack Co., Inc., Barber Pond Road, P.O. Box 262 Bloomfield, CT 06002; Letter dated June 9, 1994 To Whom It May Concern re: material from Somers Sanitation (2 pages)

Michael Sciavone & Sons Inc., Universal Drive, North Haven, Connecticut, 06473; Letter to John Pizzamente dated June 9, 1994, re: markets for light iron, heavy misc. steel and various non-ferrous products.

EIRCO Environmental LLC, P.O. Box 265, Hampton, N.H. 03842; Letter to John Pizzamenti re: refuse handling.

“Waste Paper Supply Agreement Between Somers Sanitation, Inc. East Windsor, Connecticut and Paper Recycling International, Old Corrugated Containers, April 1993”

Conditions which must be met prior to signing of the final mylars:

1.      That a detailed estimate of bonding requirements for site improvements be prepared by the applicant and submitted to the town engineer for review and approval.  The surety shall be maintained, in a form acceptable to town counsel.  A maintenance bond in the amount of 10% of the bond shall be provided prior to the release of the original performance bond.  The maintenance bond shall be retained for a period of 1 year after the bond is released to guarantee the maintenance and repair of required improvements.

2.      A separate bond shall be posted and maintained by the applicant to ensure compliance with all conditions of the approval including, but not limited to, provisions for protecting the Town of East Windsor in the event a facility terminates operations with a large amount of material remaining on the site.  Due consideration to bonding requirements of other governmental agencies and/or permit or licensing authorities will be given so as not to duplicate and/or over bond the operator.  For credit to be given under this condition the operator shall demonstrate that the Town of East Windsor is a named party with rights to call the bond.

3.      All conditions of approval associated with this volume reduction facility shall be binding upon the applicant, landowners, and/or their successors and assigns.  A copy of this approval shall be filed in the land records of the subject parcel prior to such approval becoming effective.

4.      The plans shall be revised to clearly indicate that this approval does not include the operation of the wood chipper.  Any operation of the chipper for noise test purposes shall be conducted only after prior notification to the Town Planner or Zoning Enforcement Officer.

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


5.      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 prior to this approval taking effect.  One set shall be filed in the zoning office.

6.      No further permits shall be issued until the mylars are signed and filed.

Conditions which must be met prior to issuance of certificate of compliance:

7.      No zoning certificates of compliance shall be issued until the drainage has been completed.

8.      Final as-built drawings certified by the appropriate design professional(s) shall be

submitted indicating compliance with all applicable regulations and conditions of approval.

General Conditions:

9.      The hold harmless agreement originally filed on the land records shall remain in full force and effect.

10.     The Town of East Windsor will bear no responsibility for the disposal of any residue generated from the facility.  There is a separate hold harmless filed on the land records with the previous approval.

11.     The applicant shall continue to allow the Commission’s staff to conduct reasonable inspections of the volume reduction facility, including spot inspections.  Failure to comply with any request for inspection shall constitute a violation of this permit and the East Windsor Zoning Regulations.

12.     A zoning permit shall be obtained prior to the start of construction or change in use to a volume reduction facility.  All such permits shall be valid for one year.  Each yearly application for a zoning permit shall be accompanied by appropriate documentation of the facility’s compliance with the provisions of the regulations and these conditions of approval.  The zoning permit application shall also be accompanied by an application fee to be set by the Board of Selectmen.

13.     Only those materials which are identified on Sheet 2 of 2 dated 6-6-07 of the referenced plans “Flow Diagram” may be accepted by the volume reduction facility.  Except that no wood for chipping may be accepted unless specifically approved by the East Windsor Planning and Zoning Commission under a separate permit or amendment, except that this provision does not apply to transfer station activities.

14.     The application states that 60-70% of the material accepted at the facility is currently recyclable.  The applicant shall make all efforts to maintain or exceed this level.  In no case shall the solid waste generated after materials are processed (residue) exceed 49% of the total volume.  Except that this condition does not apply to transfer station activities.

15.     The applicant shall maintain a suitable place for disposal of solid waste residue off-site.  This special use permit may be revoked by the Commission if the Commission finds that residue is not being disposed of in an authorized place and manner.  The applicant shall notify the Commission, in writing, of any changes in the disposal locations specified in Sheet 4 of 6 of the referenced plans (Flow Diagram) or in its supporting documentation.

16.     All incoming materials accepted at the volume reduction and transfer station facility shall be stored indoors on an impervious surface designed to prevent leachate from such materials from entering the ground.  The impervious surface shall be designed and maintained to accommodate the total anticipated volume of materials to be received and processed at the facility.

17.     No mixed solid waste which cannot be viably separated and which may result in the contamination

of recyclables shall be accepted at this facility, except that this provision does not apply to transfer station materials.

18.     The facility shall comply with all the permit requirements of the State of Connecticut, Department of Environmental Protection.

19.     All materials, such as clean wood materials, asphalt, concrete, stone and other similar materials accepted at the facility shall be processed and stored as indicated in the referenced plans and documentation.

20.     Buffer zones and landscaping shall be maintained as indicated on the plans to prevent any visual impacts on surrounding streets and properties.

21.     All operations shall be conducted indoors, except for temporary storage of processed material which may be outdoors with appropriate containment as indicated on the plans and supporting documentation.

22.     Incoming material shall be processed within 24 hours of arrival on the site.  Any residue shall be removed from the site within 24 hours after separation.  In no case shall any recyclable materials be allowed to remain on site for more than 3 days prior to their removal from the site.  This provision does not apply to transfer station material and activities which must remove all material by the close of each business day.

23.     Separated materials, such as paper, cardboard, appliances, metals, glass, plastics, fluids and other similar materials shall be stored temporarily in a structure and/or on a surface designed to prevent the infiltration of precipitation into such materials.

24.     The operating hours for the facility shall be as follows:

6:00 A.M. – 5:00 P.M.  Monday-Friday except that no machinery may be operated until 7:30 A.M.

6:00 A.M. – 12:00 Noon on Saturday except that no machinery may be operated until 7:30 A.M.

NO OPERATION of this facility on Sunday or legal holidays.

25.     Any complaints of unpleasant or noxious odors that may be received from the public or Commission  staff shall be investigated by the applicant.  Any apparent sources of such odors shall be remedied within 48 hours of receipt of the complaint.  A written response to any complaint shall be submitted to Commission staff by the applicant within one week of receiving such complaint.

26.     The applicant or operator shall provide Commission staff with periodic reports (with a minimum of quarterly submittals) of incoming and outgoing tonnage with details on the different types and amounts of material processed and the amounts of such materials that are recycled.

27.     This facility shall be operated in compliance with all other applicable requirements of Section 9 of these regulations as well as any other applicable general requirements of the zoning regulations.  In the case of any conflict between regulations or standards, the more restrictive regulation or standard shall apply.

28.     Failure to comply with any regulation, condition or safeguard attached to this special use permit shall constitute a violation of this permit and the East Windsor Zoning Regulations.  The Commission may revoke this special use permit, after holding a hearing, upon finding that the volume reduction facility is in violation of any regulation or of its conditions of approval.

29,     This application is subject to approvals from the East Windsor Zoning Board of Appeals on file in

the land records.

30.     Additional drainage and erosion control measures are to be installed as directed by town staff if field conditions necessitate.

31.     Any modifications to the proposed drainage for the site plan is subject to the approval of the town engineer.

32.     Pursuant to Section 2.7.6 (f) of the East Windsor Zoning Regulations the East Windsor Planning and Zoning Commission exercises its discretion by EXTENDING THE APPROVAL FOR THESE TWO Special Use Permits  until August 14, 2016.  Continued operation of this volume reduction facility and transfer station  BEYOND THE EXPIRATION DATE shall require a new public hearing and approval by the Commission in accordance with its Regulations. (amended 9/09)
33.     This project shall be constructed and maintained in accordance with the referenced plans.  Minor modifications to the approved plans which result in lesser impacts may be allowed subject to staff review and approval.

34.     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.

This was amended from previous approval dated May 12, 1998 and shown on the Land Records, Vol. 204, Pages 942 through 947.

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

ADJOURNMENT:

MOTION: To ADJOURN the Meeting at 6:50 p.m.

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




Respectfully submitted by:

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