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April 13, 2010

Public Hearing #1567
April 13, 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


A quorum was established as five Regular Members (Devanney, Farmer, Gowdy, Ouellette, and Thurz), and one Alternate Member (Mulkern) was present.    Alternate Members Matthews and O’Brien were absent.  Chairman Ouellette noted all Regular members would sit in on all Items of Business this evening.  

Also present was Town Planner Whitten.



MOTION:  To APPROVE the Minutes of Public Hearing #1566 dated March 23, 2009 as presented.

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


Chairman Ouellette noted receipt of the following Applications:

1)      Application of Dustin Mitchell for a 2-lot resubdivision of property located at 96 Griffin Road.  [R-3 Zone; Map 41, Block 69, Lots 4 & A].

2)      Application of Gerald Wilcox for Modification of Approved Site Plan to allow the storage of box trailers on a portion of the property at 50 Newberry Road, owned by Gerald and Betty Wilcox.  [M-1 Zone; Map 15, Block 19, Lot 4].

3)      Application of Carlos Burgos for Site Plan Approval to allow used car sales at 200 South Main Street, owned by TBK Ventures, LLC.  [B-2 Zone; Map 33, Block 5, Lot 80].


The following Legal Notice, which appeared in the Journal Inquirer on Thursday, April 1, 2010, and Thursday, April 8, 2010, was read by Chairman Ouellette:

1)      Application of TJL Investment Trust, LLC for a 2-lot commercial re-subdivision of property located at 22 Wagner Lane.  [M-1 Zone; Map 13, Block 11, Lots 2 & 3].

PERFORMANCE BONDS - ACTIONS; EXTENSION; ROAD ACCEPTANCE: Request of Robert O’Donnell for a 90-day extension for filing of mylars for the Martha O’Donnell Subdivision, rear of 10 Thrall Road.  (Current deadline for filing mylars:  5/4/2010):

Town Planner Whitten reported the deadline to file these mylars is 5/4/2010.  There appears to be some question regarding the boundary line involved in this Application; the Applicant may need to make an amendment to the Site Plan presented.

MOTION: TO APPROVE THE REQUEST of Robert O’Donnell for a 90-day extension for filing of mylars for the Martha O’Donnell Subdivision, rear of 10 Thrall Road.  

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

NEW HEARING: TJL Investment Trust, LLC – 2-lot commercial re-subdivision of property located at 22 Wagner Lane.  [M-1 Zone; Map 13, Block 11, Lots 2 & 3]  (Deadline to close hearing 5/18/2010):

Chairman Ouellette read the Hearing description.  Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing the Applicant, TJL Investment Trust, LLC, and the owner, Al Rodrigue.

Mr. Ussery reported this Application is for a re-subdivision of property at 22 Wagner Lane; the purpose of the proposal is to create a lot line around the existing self storage facility which was approval approximately 5 years ago.  The plan before the Commission reflects the total parcel owned by TJL surrounded by the green line; the new lot – to be known as Lot #3 – is shown surrounded by the orange line.  Mr. Ussery described several pieces previously cut out of the parcel.  Lot #3 contains the self storage facility, two tobacco barns, and an older residence which has been converted to office space.  Lot #3 is located in an M-1 Zone, and is served by sewer and water.  Minimum requirements for total impervious coverage and maximum building coverage have been met, or exceeded.  The remainder of the parcel, which was previously the location of a golf driving range, is currently vacant.  No new construction, or building, is proposed; the Application is just to create a separate lot for sale.  Mr. Ussery noted Town Engineer Norton has taken no exception to the proposal as submitted; Town Planner Whitten READ FOR THE RECORD Town Engineer Norton’s memo dated 3/10/2010.

Commissioner Devanney questioned what is contained in the two tobacco barns?  Mr. Rodrigue replied Mr. Dingus stores corn in one shed; half of the second shed is empty and half is rented to BJ Transport to store equipment

Chairman Ouellette questioned if there is any drainage flowing from the proposed parcel to other land; can the proposed lot stand totally alone?  Mr. Ussery noted there is a formal drainage system within the self storage facility, and there is also a detention basin which goes into the drainage system in Wagner Lane, then into the drainage system behind Red Hill Mobile Home Park, and then into the drainage system in South Water Street.  Mr. Ussery submitted a plan sheet from a previous Application which reflects the drainage which is contained on site.

Chairman Ouellette noted the Applicant is requesting a waiver of installation of sidewalks on Wagner Lane.  Discussion and review of the Subdivision Regulations found installation of sidewalks, and open space requirements, would not apply to a 2-lot resubdivision.  The request for waivers will be eliminated.

Chairman Ouellette opened discussion to the audience; no one was present to request public input.  

MOTION: To CLOSE THE PUBLIC HEARING on the Application of  TJL Investment Trust, LLC for a 2-lot commercial re-subdivision of property located at 22 Wagner Lane.  [M-1 Zone; Map 13, Block 11, Lots 2 & 3] .

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

MOTION TO APPROVE, the Application of owner TJL Investment Trust, LLC for a 2 lot Re-subdivision of property located at 22 Wagner Lane,  M-1 zone [Assessors Map 13, Blk. 11 Lot 2&3]. This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission) and the following conditions:

Referenced Plans:

        Key Map – property of TJL Investment Trust, LLC, 22 Wagner Lane, East Windsor, CT Map 13, Blk 11, Lot 2 & 3, zone M-1 , prepared by JR Russo & Assoc, LLC, 1 Shoham Rd, East Windsor, CT 06088 860/623-0569, fax 860/623-2485 scale 1”=200’, dated 3/5/10

        Subdivision Plan, scale 1”=60’

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 any 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.

6.      Deeds for any conservation easements and drainage easement must be approved by the Town and filed on the land records prior to any permits being issued.  It is best if these are filed with the mylars.

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

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 shall be filed in the Planning and Zoning Department.

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

General Conditions:

9.      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.

10.     A Site Plan Approval and Zoning Permit shall be obtained prior to the commencement of any site work.

11.     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.

12.     Any modifications to the proposed drainage or grading for the resubdivision is subject to the approval of the town engineer.

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

14.     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.

DISCUSSION:     Chairman Ouellette noted Condition #4 requires the planting of two new street trees for each new lot; he questioned if that condition would apply for this re-subdivision?  Mr. Rodrigue noted he was required to plant trees in front of the storage facility during that application approval.  Town Planner Whitten indicated she believed landscaping already exists in front of the storage facility; she suggested striking condition #4 (as presented).

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

BUSINESS MEETING/(1)  Discussion on Farm Regulations:

The Commission and Town Planner Whitten discussed the draft regulations at length.  Topics of discussion included:  1) description of farming uses are now:  commercial vs. non-commercial (residential), 2)  allowable acreage (primarily within a residential neighborhood), 3)  definition or reference to “grandfathering” and methodology to identify grandfathered farms, 4) revision of terminology, 5) site suitability, 6)  chickens/roosters, and 7) waiver provisions.

BUSINESS MEETING/(2)  Correspondence:

Town Planner Whitten noted receipt of letter from Central Truck Sales & Service, Inc. requesting a refund of balance of Erosion Control Bond, and removal of “trees” used for landscaping the chain link fence.  Town Planner Whitten summarized the installation of the fence, and noted the “trees” requested by the Commission and intended to be small shrubs are in actuality very small evergreens.
The Commission reviewed the Site Plan.  The intent of the trees was to screen the chain link fence, which has now been removed.  The Commission agreed some barrier should be installed to prevent parking of display vehicles on the grass.  Town Planner Whitten will request the Applicant to install a low split-rail fence; the small trees will be required to remain in anticipation of future growth.

The Commission has postponed the request for the release of the remainder of the Erosion Control Bond.

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

·       Coleman Tromley, LLC – motion


MOTION: To ADJOURN this Meeting at 9:13 p.m.

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

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