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April 27, 2010
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1568
April 27, 2010



The Meeting was called to order at 7:05 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. by Chairman Ouellette

ESTABLISHMENT OF QUORUM:

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

Also present was Town Planner Whitten.

ADDED AGENDA ITEMS:

Town Planner Whitten requested the addition of the following items:  under PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  1)  Mark Webb – Request for one year extension for contractor’s storage barn at 84 Newberry Road; 2) Kingshire Subdivision – Request for five year extension for Phases 2 and III;  and 3)  Kingshire Subdivision – Request for five year extension for Phases 4 and 5.

((No motion)

APPROVAL OF MINUTES/April 13, 2010:

MOTION:  To APPROVE the Minutes of Public Hearing #1567 dated April 13, 2010 with the following AMENDMENT:
PAGE 6, BUSINESS MEETING/(2) Correspondence:  Revise final sentence of paragraph 1 to read:  “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.”

Gowdy moved/Farmer seconded/
VOTE: In Favor:  Unanimous (Farmer/Gowdy/O’Brien/Ouellette/Thurz)
         No Opposition/No Abstentions




RECEIPT OF APPLICATIONS:

Chairman Ouellette noted receipt of the following Application:

1)      Application of G-III Holdings, LLC for a 1-lot resubdivision of property located at 86 Winkler Road.  [A-1 Zone; Map 15, Block 17, Lot 19-5].

LEGAL NOTICE:   No Legal Notices presently pending.

PERFORMANCE BONDS - ACTIONS; EXTENSION; ROAD ACCEPTANCE:  Meadow Farms – Request from James E. Ussery of J. R. Russo & Associates for partial release of the performance bond for Phase 1 of the Meadow Farms Subdivision and Active Adult Housing:

Chairman Ouellette read the description of this Item of Business.  Appearing to represent the Applicant was Jay Ussery, of J. R. Russo & Associates.  Also present was Jason Ziegler, owner.

Mr. Ussery noted this project was bonded in two phases.  The owner is looking for a release of the bond for Phase 1, which contains the single family homes.  Mr. Ussery has submitted As-Built Plans of this portion of the development.  

Mr. Ussery noted Town Engineer Norton has submitted his memo dated April 20, 2009 (typed date) which Commissioner Farmer suggested should have been dated April 20, 2010.  Under that memo Town Engineer Norton has recommended reduction of the bond from its original amount of $524,040 to $131,000, which would represent retention of 25% of the original bond.

Chairman Ouellette questioned what was the anticipated schedule for completion of the sidewalks; would it be after completion of the last house?  Mr. Ziegler replied affirmatively.

MOTION: To REDUCE the Performance Bond for Meadow Farms – Phase 1 – Farms Road from $524,040 to $131,000.

Gowdy moved/Farmer seconded/
VOTE: In Favor:  Unanimous (Farmer/Gowdy/O’Brien/Ouellette/Thurz)
         No Opposition/No Abstentions

PERFORMANCE BONDS – ACTIONS; EXTENSIONS; ROAD ACCEPTANCE:  Mark Webb – Request for one year extension for contractor’s storage barn at 84 Newberry Road:

Town Planner Whitten reported that Mr. Webb received approval for construction of a storage yard in 2009.  Mr. Webb has a Zoning Permit pending but has not yet started

construction on the building; the 1 year approval period is expiring.  Mr. Webb has requested a 1 year extension of his permit.

Chairman Ouellette noted that Mr. Webb had come back for a Site Plan Modification; he questioned if this date is the date of the latest modification?  Town Planner Whitten replied affirmatively.

MOTION: To GRANT the request of Mark Webb for a one year extension for a storage barn at 84 Newberry Road; extension to run through 5/26/2011.

Gowdy moved/Farmer seconded/
VOTE: In Favor:  Unanimous (Farmer/Gowdy/O’Brien/Ouellette/Thurz)
         No Opposition/No Abstentions

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  Kingshire Subdivision – Request for five year extension for Phases 2 and III:

Town Planner Whitten noted that a 5 year extension of the permit period for Phase 2 and III of the Kingshire Subdivision has been requested.  Six out of the proposed 6 lots for Phase 2 have been completed, while 6 out of the proposed 11 lots for Phase III have been constructed.  The road into these phases of the subdivision is not a “finished” road; the final layer of paving has not been installed.  Town Planner Whitten advised the Commission they do not have to grant the full 5 year extension request; her recommendation would be a two or 3 year extension.

The Commission discussed extension options.  Chairman Ouellette questioned what the negative impacts would be if the 5 year extension were not granted?  Town Planner Whitten suggested there would be no incentive, other than to get the bond back,  to complete these phases.  It was noted that bond reductions were granted in 2009.  Commissioner Thurz felt the homeowners wouldn’t want to live in subdivision without a finished road.  Commissioners considered a 2 or 3 year extension, and finally compromised on 2 years.

MOTION: To GRANT the request for Kingshire Subdivision – Phases 2 and III a TWO YEAR EXTENSION; extension to run through 4/26/2012.

Gowdy moved/Farmer seconded/
VOTE: In Favor:  Unanimous (Farmer/Gowdy/O’Brien/Ouellette/Thurz)
         No Opposition/No Abstentions

PERFROMANCE BONDS – ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  Kingshire Subdivision – Request for five year extension for Phases 4 and 5:


Town Planner Whitten reported that Phases 4 and 5 of the Kingshire Subdivision are owned by a different developer.  Construction has not begun on these phases.  A request has been made for a 5 year extension.  Town Planner Whitten indicated she would recommend a full 5 year extension for this portion of the development.

MOTION: To GRANT the request for Kingshire Subdivision – Phases 4 and 5 a FIVE YEAR EXTENSION; extension to run through 4/26/2015.

Gowdy moved/Farmer seconded/
VOTE: In Favor:  Unanimous (Farmer/Gowdy/O’Brien/Ouellette/Thurz)
         No Opposition/No Abstentions

NEW BUSINESS:  Gerald Wilcox – Site Plan Modification for a proposed box trailer storage area at 50 Newberry Road.  [M-1 Zone; Map 15, Block 19, Lot 4]  (Deadline for decision 6/17/2010):

Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing Wilcox Excavating and Construction.  Mr. Gerald Wilcox was available in the audience.

Mr. Ussery noted the Application is for a modification of the Wilcox construction yard located on Newberry Road.  King Koil Mattress Company, Mr. Wilcox’s neighbor to the western, is in need of expansion of a storage area for box trailers.  Mr. Wilcox has entered into an agreement with King Koil to rent them an area 150’ x 300’ on the southwest corner of the Wilcox property.  The area is currently gravel; there is no intention of paving the area.  A driveway would be constructed from the King Koil property into the Wilcox property.  The leased area is bordered by King Koil to the west and Infoshred to the rear of the Wilcox property.

Mr. Ussery noted Town Planner Whitten had questioned their intent to install screening as required for outside storage.  Mr. Ussery suggested they would request a waiver as the only thing facing the storage area is the windowless back of the Infoshred building.  There is a wooded area to the west of the King Koil building.  Mr. Ussery submitted photos of the rear of the Infoshred building.   Commissioner Gowdy questioned if trucks would be entering or leaving at night; Mr. Wilcox didn’t believe King Koil operates at night.  Commissioner Thurz questioned if this proposal is for storage of box trailers only?  Mr. Wilcox indicated the agreement is for the overflow parking; Mr. Ussery felt the issue was that the overflow trailers were taking up employee parking space on the King Koil property.  Town Planner Whitten concurred, noting because of the overflow they are parking trailers everywhere; this plan would solve that problem.

Chairman Ouellette noted the Wilcox property is currently fenced, he noted this lease agreement would allow entrance from the King Koil property.  He questioned if Mr. Wilcox had no problem with that condition?  Mr. Wilcox indicated he had no problem with King Koil coming onto his property.  Commissioner O’Brien questioned that no one

can enter the Wilcox property from Newberry Road at night?  Mr. Wilcox concurred, noting his gates are closed as well.  Chairman Ouellette noted he asked the question as this parking will create a cluster of stored vehicles, which he had no problem with, but it might be subject to vandalism.  Mr. Wilcox reiterated he had no problem with King Koil entering his property.  

Mr. Ussery noted Town Planner Whitten had questioned these two issues:  1)   if they intended to added lighting; none is proposed as there is no intent to use this area at night.  2)  is there a formal lease between the parties?  Mr. Ussery indicated there is a lease agreement, month-to-month, but no formal lease document.  

Mr. Ussery noted Town Engineer Norton had requested protection of the catch basin; they propose to install silt fence.

Mr. Wilcox submitted a letter of support from Infoshred.

Town Planner Whitten reiterated they will be requesting waivers of the screening, and the 10’ set back from the property line.  The Commission discussed each request; they have no problem with either waiver.

Mr. Ussery noted there was a concern as to how the lease area will be delineated on the ground?  He indicated Mr. Wilcox intends to erect a corner of construction fencing at each corner.

Chairman Ouellette questioned the ability to plow the gravel area in the Winter?   Mr. Wilcox suggested he plows back to that area now.  

Town Planner Whitten indicated she spoke with representatives of King Koil regarding this application.  They indicated they have plans for the area to the rear of their building and are looking for alternative storage options now.  

Town Planner Whitten reported she has no concerns with the proposal as presented.

MOTION: To WAIVERS for:  1)  10 foot buffer, and 2) landscaping.

Gowdy moved/Farmer seconded/
VOTE: In Favor:  Unanimous (Farmer/Gowdy/O’Brien/Ouellette/Thurz)
         No Opposition/No Abstentions

MOTION TO APPROVE the Application of Gerald Wilcox requesting a site plan modification for a proposed box trailer storage area at 50 Newberry Road, M1 zone (Map 15, Block 19, Lot 4)

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

Referenced Plans:

-       Site Plan Modification, prepared for Wilcox Excavating Construction Company, Inc., 50 Newberry Road, East Windsor CT Map 15, Blk 19, Lot 4, Zone M-1, prepared by
        J.R. Russo & Assoc., LLC, 1 Shoham Rd, East Windsor, CT 06088, 860/623-0569, 860/623-2485 fax, scale 1” = 40’, dated 4/8/10

-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 final mylar, with any required revisions incorporated on the sheets shall be submitted for signature of the Commission, which 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 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:

8.      In accordance with Section 13.5.4 of the Zoning Regulations, any approval of a site plan application shall commence the construction of buildings within one year from the date of approval and complete all improvements within five years of
the date of approval, otherwise the approval shall become null and void, unless an extension is granted by the Commission.

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.     All required landscaping shall be adequately maintained .

Gowdy moved/Farmer seconded/

DISCUSSION:  Chairman Ouellette noted the Commission’s previous approval of a waiver for the landscaping requirement, he questioned if Condition #14 – “all required landscaping shall be adequately maintained” -  should be stricken from this approval motion?  Town Planner Whitten replied affirmatively.

VOTE: In Favor:  Unanimous (Farmer/Gowdy/O’Brien/Ouellette/Thurz)
         No Opposition/No Abstentions

NEW BUSINESS:  Carlos Burgos – Site Plan Approval for a used car sales operation to be located to the rear portion of 200 South Main Street, owned by William Hansen, TBK Ventures, LLC.  [B-2 Zone; Map 33, Block 5, Lot 80]  (Deadline for decision 6/17/2010):
Town Planner Whitten reported no one is present to discuss this Application.  She had requested plans showing drive aisles but has not received any response, nor has she heard from the Applicant.

MOTION: To CONTINUE the Application of  Carlos Burgos for Site Plan

Approval for a used car sales operation to be located to the rear portion of 200 South Main Street, owned by William Hansen, TBK Ventures, LLC.  [B-2 Zone; Map 33, Block 5, Lot 8] to the Commission’s regularly scheduled Meeting on May
11, 2010 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

Gowdy moved/Farmer seconded/
VOTE: In Favor:  Unanimous (Farmer/Gowdy/O’Brien/Ouellette/Thurz)
         No Opposition/No Abstentions

MOTION: TO TAKE A TEN MINUTE BREAK.

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

The Commission RECESSED at 8:07 p.m. and RECONVENED at 8:15 p.m.
 
BUSINESS MEETING/(1)  Discussion on Route 140 Sewers:

Town Planner Whitten updated the Commission on the status of the grant from the USDA for the Expansion of sewers from Shoham Road to Mullen Road.  The Town has also received paperwork for a grant to pursue a study to consider the potential for an incentive housing zone, which could fit into the development of the Route 140 corridor, or within Warehouse Point.  The Economic Development Commission (EDC) is also looking at  this area for mixed-use development.  Encumberances to development are the wetlands, floodplain, and lack of sewer at present.  

The Commission discussed options for development, noting the need to provide other utilities, such as water and gas, as well.  Town Planner Whitten noted she has already spoken with the Connecticut Water Company, and will be contacting the North Central Health District and the gas company as well.  Chairman Ouellette suggested continuing the rezoning further to the west than the proposed sewer expansion area; Town Planner Whitten concurred and suggested continuing the rezoning further east as well.  The Commission discussed various design concepts, such as buildings along street frontage with parking in the rear, mixed-use “communities” which would encourage pedestrian circulation within the development, etc.  Chairman Ouellette would like to include a curb cut management plan which would reduce the number of cuts directly onto Route 140 by encouraging internal connections within development parcels.  Discussion continued regarding optional development scenarios.

BUSINESS MEETING/(2)  Discussion on Farm Regulations:

Town Planner Whitten reported she continues to work on revising the draft Farm Regulations.  Joan Nichols, of the Connecticut Farm Bureau, has been on vacation; Town Planner Whitten was unable to discuss pending issues with Ms. Nichols.


The Commission briefly discussed the following issues:  1)  allowable acreage in
residential zones – 1 acre vs. 1 acre of pasture, 2) Special Use Permits for 4H members, and 3) concern for animals up to property line.  The Commission was in consensus that it preferred 1 acre of pasture in residential zones as they have concerns for neighboring
properties.  Discussion will continue at a future meeting.

BUSINESS MEETING/(3)  Correspondence:   None.

BUSINESS MEETING/(4)  Staff Reports:            

In response to the Commission’s inquiry Town Planner Whitten reported the Planning Office has received minimal applications for Temporary Signs.

SIGNING OF MYLARS/PLANS, MOTIONS:       None.
                                         
ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 9:28 p.m.

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



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