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January 12, 2010
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1562
January 12, 2010


The Meeting was called to order at 7:01 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 two Alternate Members (Mulkern and O’Brien) were present.    Alternate Member Matthews was absent.  Chairman Ouellette noted all Regular members would sit in on all Items of Business this evening.  

Also present was Town Planner Whitten.

Guests included Deputy Selectman Mark Simmons, and Kathy Pippin, of the Board of Finance (arrived at 7:15 p.m.).

ADDED AGENDA ITEMS:     None.

APPROVAL OF MINUTES/December 8, 2009:

MOTION:  To APPROVE the Minutes of Public Hearing #1561 dated December 8, 2009 as amended:  NEW BUSINESS:  USA Hauling & Recycling, Inc. – Site Plan Approval for a Change of Use, expansion of gravel storage area and drainage improvements at 3 Shoham Road, owned by Laird Building, LLC.  Proposed Use at 3 Shoham Road is the manufacture, maintenance and storage of empty containers and automobile dealership [M-1 Zone; Map 3, Block 17, Lot S3] (Deadline for decision 12/17/09); AND, NEW BUSINESS:  USA Hauling & Recycling, Inc. – Site Plan Approval for a Change of Use, expansion of gravel storage area and drainage improvements at 5 Shoham Road, owned by Laird Building, LLC.  Proposed Use at 5 Shoham Road is a dispatch center, truck repair and parking and empty container storage.   [M-1 Zone; Map 3, Block 17, Lot S4]  (Deadline for decision 12/17/09); Page 4: Paragraph 3; Second sentence:  “That keep key map is now available for the Commission and Planning Office use.”; AND, ADJOURNMENT:  Page 9, Vote on motion:  “In Favor:  Unanimous (Gowdy/Devanney/Farmer/Ouellette/Thurz) No opposition, no abstentions.”

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



RECEIPT OF APPLICATIONS:

Chairman Ouellette noted receipt of the following Applications:

1.      Application of Barbara Mazurek for a Temporary Liquor Permit to allow the sale of beer and wine at Broad Brook Rotary Club Winter Warmer Dinner to be held on 2/27/2010 from 5:00 to 11:00 p.m. at 149 North Road, owned by Soucy Enterprises, LLC [B-2 Zone; Map 8, Block 16, Lot 27].

2.      Application of Herb Holden Trucking, Inc., for a Special Use Permit for Earth Excavation Activities at property located to the rear of Wapping Road.  [M-1 & A-2 Zone; Map 41, Block 49, Lot 17C].

LEGAL NOTICE:

Chairman Ouellette read the following Legal Notice, which appeared in the Hartford Courant, on Thursday, December 31, 2009, and Thursday, January 7, 2010:

1.      Application of Martha O’Connell – 1-lot subdivision and Special Use Permit to establish a rear lot on property located on the north side of Thrall Road.  [R-3 Zone; Map 36, Block 60, Lot 17]  (Deadline to close hearing 2/16/2010).

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  Metro North – Request from Mark W. Friend of Megson & Heagle (on behalf of White Diamond) for final release of the erosion control bond for the parking lot expansion at Metro North, One Corporate Road, Enfield  (2.2 acres in East Windsor).   (Tabled from previous meeting):

Town Planner Whitten noted she had received a phone call from the Applicant this morning; there is no new information to report to the Commission.  The Application remains pending.

NEW HEARING:  Martha O’Donnell – 1-lot subdivision and Special Use Permit to establish a rear lot on property located on the north side of Thrall Road.  [R-3Zone: Map 36, Block 60, Lot 17]  (Deadline to close hearing 2/16/2010):

Chairman Ouellette read the Hearing description.   Appearing to discuss this Application was William Palmberg, and Robert O’Donnell, representing the O’Donnell family.

Mr. Palmberg submitted revised plans to the Commission at the meeting.  He reported the entire 14.9 acre parcel is owned by Martha O’Donnell.  The parcel is bounded in the real by the Windsorville Cemetery.  Lot A, which fronts on Thrall Road, and rear Lot C are not presently being requested as approved lots; the subject of this Application is the subdivision of rear Lot B.  The parcel is located within an R-3 Zone; the plans show a proposed house location.  This dwelling would be served by a septic system which has

been approved by the North Central Health District; water will be provided via a private well.  

Mr. Palmberg reported the Applicant is proposing to provide temporary access to rear Lot B via a right-of-way which is presently an existing farm road on the east side of the property.  The access will be regraded to a width of 30’.  The access is being considered temporary while the family decides what will happen with the remainder of the property.

Commissioner Gowdy questioned that the Commission is approving only a temporary access.  Town Planner Whitten reported that the Applicant must show they can provide access to the lot, which they have done on these plans.  The Commission would be approving the access as shown on the plans.  They are showing turn-outs for emergency access at the request of Town Engineer Norton because it’s unknown how long this right-of-way will remain as the access.  One original turn-out already existed; Town Engineer Norton requested two additional turn-outs because of the length of the access route.  Town Planner Whitten noted the regulations requirement a 12’ wide driveway, with a 3’ wide strip along each side of the driveway.  Mr. Palmberg reported that requirement will be fulfilled when the determination is made on the other lot; the driveway may be relocated at that time.

Mr. Palmberg reported that Town Engineer Norton had also requested the addition of landscaping plantings along the right-of-way to provide screening.   The Applicant is requesting a waiver of that requirement as farm tractors will be using the access.  Mr. Robert O’Donnell submitted photos of the area which showed mature trees already exist along the right-of-way.   Chairman Ouellette noted the regulations call for the screening to consist of evergreens.  Mr. Palmberg suggested the evergreens would be planted when the decision is made on the other lots.  Chairman Ouellette questioned what would happen if the lot were sold tomorrow?   Mr. Palmberg suggested then the buyer would have to put in a permanent access.  Chairman Ouellette questioned whom the screening is being provided for; is the intent of the screening from the inside of the lot, or for those outside of the lot?  Town Planner Whitten suggested under today’s conditions the screening is usually provided on the interior of the lot.  Chairman Ouellette noted he is seeking consistency of application approvals; he suggested that with approval of the waiver if the lot were sold to someone else outside the family there would be no provision for screening.  Town Planner Whitten suggested adding a condition of approval clarifying the circumstances of the landscaping waiver.   Mr. Robert O’Donnell and Mr. Palmberg reported they had no problem with such a condition.

Chairman Ouellette referenced the requested waivers.  With regard to sidewalks he noted none presently exist in the area, but the subdivision regulations allow for a fee-in-lieu of installation of sidewalks.   Town Planner Whitten reviewed the subdivision regulations and noted that the definition of a subdivision is three (3) or more lots; this waiver is unnecessary as the subdivision request is for one lot.  Based on that definition none of the waivers being requested – sidewalks, lights, and open space – are necessary with regard to this Application.   Should the Applicant seek the additional lots later an application for

re-subdivision would be filed, at which time sidewalks, lights, and open space would be readdressed.   The waiver for the landscaping, which is being added as an approval condition, remains necessary.  

Town Planner Whitten noted the Certificates of mailings, and the Affidavit, have been submitted for the Application file.  

Chairman Ouellette questioned the sight line at the location of the proposed access?  Mr. Robert O’Donnell suggested to the east the sightline extends all the way to Frog Hollow (Clark and Middle Road); to the east you can see to Windsorville Road.  Chairman Ouellette questioned the maximum grade for the access?  Mr. Palmberg indicated the grade varies from 4% to 6.5% up to 9.5% or 10% near the proposed house location.  Again citing concern if the lot were sold to another party Chairman Ouellette questioned if there is room enough at the area of the 90 degree turn on the proposed access for the 12’ driveway plus the two 3’ side areas?   Mr. Palmberg suggested there is room enough for a 25’ radius, but it include some of the area outside the proposed right-of-way.  He will revise the plans to show the 25’ radius.

Discussion followed; it was noted that if Lot A – the front lot – were sold it could only be farmed as it is not presently an approved building lot.

Chairman Ouellette opened discussion to the audience:

John and Geralyn Fortin, owners of 77 Windsorville Road:  requested to view the plans.  Mr. Robert O’Donnell noted the parcel is farmland now; the subdivision would only allow just the one house.  Mrs. Fortin noted they probably wouldn’t even be able to see the new house; they are ok with the proposal.

Nancy O’Donnell Callahan: sister of Robert O’Donnell, daughter of Martha O’Donnell; she is in favor of this proposal.

Mary O’Donnell:  is the daughter of Martha O’Donnell, with whom she lives at 10 Thrall Road, and is the sister of Robert; she is 100% in favor of this proposal.   With regard to screening they want to maintain as much of this land as farmland that’s possible; she would not want the screening to hinder that.  The property has been in the O’Donnell family for 107 years; no one is thinking about selling.

Jim O’Donnell, 17 Thrall Road:  reported his house is in front of the proposed driveway; he has no problems with the proposal.

Hearing no further requests to speak from the audience Chairman Ouellette queried the Commission for comments; no one raised any additional questions.

MOTION: To CLOSE the Public Hearing on the Application of Martha O’Donnell – 1-lot subdivision and Special Use Permit to establish a rear lot on

property located on the north side of Thrall Road.  [R-3Zone: Map 36, Block 60, Lot 17].

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)
                                          No opposition/no abstentions

MOTION TO APPROVE the  Application of Martha O’Donnell for a one lot Subdivision and Special Use Permit for a rear lot (1 new lot total) at property located to the rear of 10 Thrall Road, Map 3C, Block 60, Lot 16&17, R-3 Zone.  This approval is granted subject to conformance with the referenced plans (as may be modified by the conditions) and the following conditions of approval:

Referenced Plans:

“1/3- Key Map  prepared for Martha B. O’Donnell, 10 Thrall Road, East Windsor ,CT, prepared by William R. Palmberg & Son, LLC, Land Surveyors, 264 Hazard Avenue, Enfield, CT 06082, 860/763-3300, dated 8/17/09 scale 1” = 200’ with the following sheets:
        Sheet 2/3       Subdivision Plan, scale 1” = 100’
        Sheet 3/3       Improvement Location Plan, scale 1” = 30’

Conditions which 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.      If the $2,000 fee per lot, payable to the Town Treasurer, is 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 7.6 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”.

4.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this 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:

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

6.      Detailed sedimentation and erosion control plans shall be submitted with the site plan for each parcel at time of application for a zoning permit.

7.      A cash (escrow) or passbook bond shall be submitted for erosion and sedimentation (E & S) control maintenance and site restoration during the construction phase of the project.  Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within 5 days or this permit shall be rendered null and void.  The applicant’s engineer shall prepare an estimated cost of the E & S controls for review by the Town Engineer.  The final amount of said bond shall be determined by the Town Engineer.

Conditions which must be met prior to certificates of compliance:

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

9.      Final Health District approval of the drinking water supply  and septic systems must be demonstrated.

10.     The driveway must have a 15’ paved apron or if weather does not permit, a bond for such submitted.

11.     Final grading and seeding shall be in place, or if weather does not permit, a bond for the unfinished work be submitted.

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

13.     Final as-built survey showing all structures, pins, driveways, final floor elevations, and grading must be submitted.

14.     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:


15.     This subdivision approval shall expire (five years form 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 Planning and Zoning Commission.  Such extension shall not exceed the time limits as provided for in the Connecticut General Statutes, Section 8-26 as may be amended from time to time.  The Commission shall require proper bonding be in place prior to approval of any such extension.

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

17.     This project shall be constructed and maintained in accordance with the referenced plans.  Minor modifications to the approved plans which results in lesser impacts may be allowed subject to staff review and approval.

18.     Any modifications to the proposed drainage or grading of the subdivision is subject to the approval of the Town Engineer.

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

20.     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.

21.     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 may be released.

22.     Required Landscaping along the access road and along the front lot line is not shown on the plans.  These planting s must be shown with details. Existing landscaping in lieu of proposed, should also be shown on the plans

23.     The plans are lacking a zoning table for lots A, B and C.

24.     Easements must be filed with the final mylar for access from parcel A to B and from B to C.

25.     Driveway to rear lot shall be of a durable and dustless surface no less than 12 feet wide.

Additional Condition:


26.     Required landscaping along access road per  Section 408.3m is waiver, unless the parcel is sold to a non-family member.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)
                                          No opposition/no abstentions

MOTION: To GO OUT OF ORDER and take NEW BUSINESS:  Barbara Mazurek – Temporary Liquor Permit to allow the sale of beer and wine at Broad Brook Rotary Club Winter Warmer Dinner to be held on 2/27/2010 from 5:00 to 11:00 p.m. at 149 North Road, owned by Soucy Enterprises, LLC.  [B-2 Zone; Map 8, Block 16, Lot 27].

Gowdy moved/Devanney seconded/
VOTE:   In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)
                                          No opposition/no abstentions

NEW BUSINESS:  Barbara Mazurek – Temporary Liquor Permit to allow the sale of beer and wine at Broad Brook Rotary Club Winter Warmer Dinner to be held on 2/27/2010 from 5:00 to 11:00 p.m. at 149 North Road, owned by Soucy Enterprises, LLC.  [B-2 Zone; Map 8, Block 16, Lot 27].
Chairman Ouellette read the description of this Item of Business.   Appearing to discuss this Application was Barbara Mazurek and Eileen Moncrief of the Broad Brook Rotary Club.

Ms. Mazurek, of 54 North Main Street, reported she is present to represent the Broad Brook Rotary Club with regard to the proposed dinner dance.  Proceeds from the dance will go to the East Windsor Food Bank and the East Windsor Fuel Bank.  The dinner dance will be held inside 149 North Road.  

Chairman Ouellette questioned how they will handle prohibiting sale of beer and wine to minors?  Ms. Moncrief indicated they sell tickets ahead of time as this is a dinner dance and they need a head count.  The event is being catered by the Polish Deli; there will be a dj for dancing.  Attendance is usually an older crowd; they don’t expect a lot of people with children to attend.   Last year many people came for the dinner and left before the dancing began.  A woman who is a member of the club will be the bartender; she has taken courses regarding that service industry.

Commissioner Gowdy questioned if they planned to hire an off-duty policeman?  Ms. Mazurek suggested the police and fire marshal have already signed off on the event.  Town Planner Whitten noted issues such as crowd control are considered through other Town departments.  Commissioner O’Brien reported his wife is a member of this organization; he attended the dance last year.  He didn’t feel there was a need to be concerned regarding crowd control or sale to minors.

MOTION: To APPROVE the Application of  Barbara Mazurek for a Temporary Liquor Permit to allow the sale of beer and wine at Broad Brook Rotary Club Winter Warmer Dinner to be held on 2/27/2010 from 5:00 to 11:00 p.m. at 149 North Road, owned by Soucy Enterprises, LLC.  [B-2 Zone; Map 8, Block 16, Lot 27].

Devanney moved/Thurz seconded/
VOTE:   In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)
                                          No opposition/no abstentions

OLD BUSINESS:  USA Hauling & Recycling, Inc. – Site Plan Approval for a Change  of Use, expansion of gravel storage area and drainage improvements at 3 Shoham Road, owned by Laird Building, LLC.  Proposed Use at 3 Shoham Road is the manufacture, maintenance and storage of empty containers and automobile dealership [M-1 Zone; Map 3, Block 17, Lot S3 (Deadline for decision 12/17/09); AND,OLD BUSINESS:  USA Hauling & Recycling, Inc. – Site Plan Approval for a Change of Use, expansion of gravel storage area and drainage improvements at 5 Shoham Road, owned by Laird Building, LLC.  Proposed Use at 5 Shoham Road is a dispatch center, truck repair and parking and empty container storage.   [M-1 Zone; Map 3, Block 17, Lot S4]  (Deadline for decision 12/17/0:

Chairman Ouellette read the descriptions of these Items of Business.  Appearing to discuss these Applications was Jay Ussery, of J. R. Russo & Associates, representing USA Hauling.

Mr. Ussery reported he met with the Antonacci’s and Town Engineer Norton after the previous Meeting to discuss the Commission’s comments.  Revisions have been made to the plans to reflect the following changes agreed to:  1)  The building at #3 Shoham Road is presently operating on a drilled well; the Applicant has now agreed to tie into Connecticut Water, and abandon the existing well.  2)  Both of the buildings, at #3 and #5 Shoham Road, are operating with septic systems.  The Applicant has agreed to extend the sewer line up Shoham Road to these buildings.   Mr. Ussery has spoken with Ed Alibozek of the Water Pollution Control Authority (WPCA); they will be submitting an Application to the WPCA for those connections.  They are proposing to bring the line in through the grass area on the side of the road (the right-of-way) to avoid disturbing the existing pavement; easements will be given to the Town and the WPCA for that access.   Mr. Ussery reiterated the Applicant owns all the properties on the west side of Shoham Road and is able to give those easements as described. 3)  With regard to the water drainage system and the run off, they are adding hooded discharges at the catch basins, and  level spreaders behind #3 Shoham Road which will eventually discharge into a wet bottom detention basin.  4)  They will be adding a line of blue spruce along the property line shared by the Trolley Museum to provide visual screening.  

Mr. Ussery noted Town Engineer Norton’s comments reflected under his memo dated January 7, 2010 have been addressed.

Regarding the discussion to install floor drains inside the existing buildings Mr. Ussery reported the owner doesn’t want to incur that expense at this time.  Installation of the sewer would give them the ability to install the floor drains in the future.  Oil/water separators would be required at the time of installation of the floor drains.  

Commissioner Devanney noted on a recent visit to the property she found a truck with no cab parked in the asphalt area in front of #5 Shoham Road; she questioned if that would be typical of the future operation?  Mr. Ussery indicated he didn’t know, but noted that asphalt area would be torn out under this proposal.   Town Planner Whitten noted that under an application for another location the Applicant was allowed to store trucks at this location temporarily, which may be the reason for that vehicle being parked at #5.

Commissioner Gowdy noted some additional protection has been added to the proposal, but he questioned that the floor drains will ever be put in in the future.  Commissioner Devanney questioned if the Motor Vehicle Department will require floor drains?  Mr. Ussery replied negatively, noting that if floor drains already exist in a building then you must tie into a sewer.  Commissioner Devanney felt the Motor Vehicle Department is a check point with regard to the need for floor drains.  Commissioner Mulkern suggested the reason the hooded discharges was offered was to facilitate the run off.  Discussion followed regarding the proposed work for this location; Mr. Ussery reported the existing floors are flat as the building was previously used for a manufacturing facility.  Commissioner O’Brien felt there was more of a chance for spills outside the building rather than inside.  Commissioner Gowdy felt if the service bays remain at 2400 square feet he would have no problem, but he felt if the 2400 square feet increased to 10,000 square feet, which could happen as the business gets going, he was concerned.

Chairman Ouellette questioned if this location is currently a 9 to 5 operation; is there any second or third shift work going on?  Mr. Ussery reported the work is greater than 9 to 5 now.  The dispatch center is at this location; they moved from 11 or 13 Shoham Road to get this work further away from the residents.  There are trucks leaving this location at 4 in the morning.  Mr. Ussery noted that the facility at #3 Shoham Road used to have a two or three shift operation.

Chairman Ouellette noted he is pleased with what he has seen; he questioned the difference between #3 and #5 in terms of operation?  Mr. Ussery suggested #3 is going to have the Motor Vehicle Dealers and Repair License; #5 won’t have that.  It’s currently the dispatch center, “can” storage, and possibly “can” maintenance.   There could be some vehicle maintenance for their own vehicles, although most of that is done at the former Tri-State Diesel site.

Commissioner Gowdy indicated he isn’t completely happy but he is satisfied; he sees a lot of improvements.  If it works as proposed he can buy it.

MOTION TO APPROVE the  Application of U.S.A. Hauling & Recycling and owner 3 Shoham Rd, LLC requesting a site plan modification to permit the manufacture,

maintenance, and storage of empty containers, and used  truck sales, at 3 Shoham Road, in the M-1 Zone, Map 3, Block 17, Lot S3 This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions):

Referenced Plans:
 
Sheet 1/7- Key Map prepared for USA Hauling & Recycling Inc., Shoham Road, East Windsor CT, prepared by JR Russo and Assoc. LLC 1 Shoham Rd, East Windsor CT 06088, 860/623-0569, 623-2485/fax. Scale 1” = 100’, dated 9/09/09 rev. 11/03/09, rev 12/18/09

1/7 – Lot Line Reconfiguration, 3 & 5 Shoham Rd, map 3, blk 17, lots S3 & S4
2/7  - Site Plan 3 Shoham Road, scale 1” = 20’ rev 10/5/09, 11/02/09, rev 12/18/09
3/7 – Site Plan 5 Shoham Road, scale 1” = 20’, rev 10/05/09, 11/02/09, rev 12/18/09
4/7 – Sanitary Sewer Plan and Profile; 12/18/09
5/7 – Erosion and Sediment Control Notes, dated 9/11/09, rev 11/02/09, 12/18/09
6/7 – Detail Sheet rev 11/02/09rev 12/18/09
7/7 – Detail  Sheet 12/18/09

Conditions which must be met prior to signing of mylars:

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

2.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this approval motion shall be filed in the land records prior to the signing of the final plans.

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

3.      One set of 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 certificates of compliance:

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

submitted.

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

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

14.     Cars, trucks and containers may only be stored in designated areas per site plan

Discussion:  Chairman Ouellette questioned at what point, after working on the drainage improvements, does this approval extend?  Town Planner Whitten indicated the Applicant has one year to start construction.

Devanney moved/Gowdy seconded/
VOTE:     In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)
                       No opposition/no abstentions



MOTION TO APPROVE the Application of U.S.A. Hauling & Recycling and owner 5 Shoham Rd, LLC requesting a site plan modification to permit the a dispatch center, truck repair facility, and expansion of parking , truck  and empty container storage, at 5 Shoham Road, in the M-1 Zone, Map 3, Block 17, Lot S4.  This approval is granted subject to conformance with the referenced plans (as may be modified by the Conditions)

Referenced Plans:

Sheet 1/7- Key Map prepared for USA Hauling & Recycling Inc., Shoham Road, East Windsor CT, prepared by JR Russo and Assoc. LLC 1 Shoham Rd, East Windsor CT 06088, 860/623-0569, 623-2485/fax. Scale 1” = 100’, dated 9/09/09 rev. 11/03/09, rev 12/18/09

1/7 – Lot Line Reconfiguration, 3 & 5 Shoham Rd, map 3, blk 17, lots S3 & S4
2/7  - Site Plan 3 Shoham Road, scale 1” = 20’ rev 10/5/09, 11/02/09, rev 12/18/09
3/7 – Site Plan 5 Shoham Road, scale 1” = 20’, rev 10/05/09, 11/02/09, rev 12/18/09
4/7 – Sanitary Sewer Plan and Profile; 12/18/09
5/7 – Erosion and Sediment Control Notes, dated 9/11/09, rev 11/02/09, 12/18/09
6/7 – Detail Sheet rev 11/02/09rev 12/18/09
7/7 – Detail  Sheet 12/18/09

Conditions which must be met prior to signing of mylars:

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

2.      The conditions of this approval shall be binding upon the applicant, land owners, and their successors and assigns.  A copy of this approval motion shall be filed in the land records prior to the signing of the final plans.

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

3.      One set of 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 certificates of compliance:

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

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

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

14.     Cars, trucks and containers may only be parked/stored in designated areas per site plan.

Devanney moved/Gowdy seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)
                             No opposition/no abstentions

OTHER BUSINESS:  James E. Ussery, J. R. Russo & Associates – Withdrawal of

application of Herb Holden Trucking, Inc., for a Special Use Permit for gravel operation at the rear of Wapping Road, owned by Northern Capitol Region Disposal Facility, Inc.:

Chairman Ouellette noted letter dated December 15, 2009 from Jay Ussery of J. R. Russo & Associates, LLC. requesting withdrawal of the application for this gravel operation.  Town Planner Whitten indicated the Applicant is withdrawing this application and replacing it with the application received tonight.  The appropriate action is to withdraw this Application without prejudice.

MOTION: To ACCEPT, WITHOUT PREJUDICE, THE WITHDRAWAL of the Application of  Herb Holden Trucking, Inc., for a Special Use Permit for gravel operation at the rear of Wapping Road, owned by Northern Capitol Region Disposal Facility, Inc.

Devanney moved/Gowdy seconded/
VOTE:     In Favor:  Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)
                  No opposition/no abstentions

BUSINESS MEETING/(1)  Farm Regulations – Discussion:

Town Planner Whitten noted she had provided the Commission with a packet at the last meeting before the holidays; that packet included information from a group of farmers including suggestions for the current Regulation proposal.  She is also contacting Joan Nichols, (Connecticut Farm Bureau), and other professionals for further discussion.  

Town Planner Whitten suggested the farmers are seeking a reduction in the acreage allowed for a farm.  Discussion ensued; some Commissioners felt it made a difference whether a farm was a crop operation or if the farm included livestock.  Commissioners also felt it would make a difference regarding what type of properties surrounded a farm.  Town Planner Whitten questioned if the Commission would be agreeable to further discussion of reducing the acreage if suitable regulations were in place to enable enforcement, and the Department of Agriculture (DOA) would agree to take care of animals issues/complaints regarding noise or smells?   The Commission was agreeable to further discussion.

BUSINESS MEETING/(2)  Correspondence:

1)      Chairman Ouellette noted receipt of correspondence from Applebrook Farm regarding their involvement in the sign regulations.  Chairman Ouellette recalled the Commission’s intent was to deal with farm signs first; other Commissioners agreed review of farm signage was their first issue.  Chairman Ouellette noted the Zoning Enforcement Officer had planned to begin a systematic review of signs throughout the community, which probably will include some farm signage.  Town Planner Whitten indicated she will work up a package regarding sign regulations for the Commission’s review.  

Commissioner O’Brien reported he had looked for the farm signposts described at a previous meeting while driving through Glastonbury but was unable to find them to photograph.  Town Planner Whitten will research Glastonbury’s signs further.

2)      Chairman Ouellette noted receipt of correspondence regarding the Economic Development Commission “Meet and Greet” for businesses Thursday, January 21, at 5:30 p.m. at La Notte’s.  Representative Graziani will be there to give Certificates to new and expanded businesses in East Windsor.  

BUSINESS MEETING/(3)  Staff Reports:

Chairman Ouellette questioned the status of the work at the Shoham Road Transfer Station?  Town Planner Whitten reported they continue to work on the noise barrier; complaints are submitted every week from the Prospect Hill resident.

Chairman Ouellette questioned the number of applications received for Temporary Signs?  Town Planner Whitten reported there have been NO applications received.

SIGNING OF MYLARS/PLANS, MOTIONS:       None.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 8:40 p.m.

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



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