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May 11, 2010

Public Hearing #1569
May 11, 2010

The Meeting was called to order at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. by Chairman Ouellette


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

Also present was Town Planner Whitten.  Also present in the audience was Selectman Simmons, the Board of Selectmen’s liaison to this Commission.


The following items will be added to the Agenda for this evening’s Meeting under NEW BUSINESS:  1)  8-24 Referral RE:  PHASE 2:  Roadway & Drainage Improvement for Prospect Hill Drive, and Broadview Lane; and 2) Declaratory Ruling.


MOTION:  To APPROVE the Minutes of Public Hearing #1568 dated April 27, 2010 as presented.

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


Chairman Ouellette acknowledged receipt of the following Applications:

1.      Application of Recycled Concrete Products of CT for a Special Use Permit to renew a volume reduction facility located at 33 Apothecaries Hall Road, owned by Herb Holden Trucking, Inc., for processing of concrete, bituminous concrete and stone demolition, and earth products for resale.  [M-1 zone;  Map 36, Block 48, Lot 38]

2.      Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit for renewal of gravel operation and wash plant located on the south side of

Apothecaries Hall Road.  [M-1, R-3 & A-1 zones;  Map 36, Block 65, Lots 1 & 7]

3.      Application of All American Products Corp. for Modification of Approved Site
Plan for 232 & 244-246 South Main Street – to eliminate Phase II wood storage area.  [M-1, B-2 & A-2 zones;  Maps 33/38, Block 5, Lots 84-1 & 87]


The following Legal Notice, which appeared in the Hartford Courant on Thursday, April 29, 2010, and Thursday, May 6, 2010, was read by Chairman Ouellette:

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].

PERFORMANCE BONDS - ACTIONS; EXTENSION; ROAD ACCEPTANCE: Kingshire Subdivision – Request from Reinhard H. von Hollander for reduction of the performance bonds for Phase 2 & 3 of the Kingshire Subdivision:

Chairman Ouellette noted receipt of letter dated March 29, 2010 from Reinhard H. von Hollander requesting a bond reduction for Phases II and III of the Kingshire Subdivision.

Town Planner Whitten noted Town Engineer Norton has reviewed the status of the subdivision.  He would like to withhold 25% of the original bond posted, and has recommended under his memo dated April 20, 2010 to reduce Phase II to $42,000 and Phase III to $104,000; monies should be retained as a Maintenance Bond.

MOTION: To APPROVE the request of Rheinard H. von Hollander for a reduction in the Performance Bonds for Kingshire Subdivision for Phase II, Dempsey Road, to $42,000 and Phase III, Napoleon Drive, to $104,000 to be maintained as a Maintenance Bond.

Devanney moved/Gowdy seconded/VOTE:  In Favor:  Unanimous
No opposition/no abstentions

NEW HEARING:  Dustin Mitchell  - 2-lot resubdivision of property located at 96 Griffin Road.  [R-3 Zone; Map 41, Block 69, Lots 4 & A] (Deadline to close hearing 6/15/2010):

Chairman Ouellette read the Hearing description.  Appearing to discuss this Application was Attorney Wayne Geralt, representing Mr. and Mrs. Mitchell who were available in the audience.  Also present was Sandy Aeschliman, of Aeschliman Land Surveying, PC.

Attorney Geralt reported the parcel contains an existing farm dwelling, which has been renovated and is currently rented.  The Mitchells propose to subdivide the parcel and

construct a new dwelling at the rear of the new lot.  The Mitchells applied for a subdivision last year, but ran into problems regarding sewer service.   They applied to the State Office of Policy Management to expand the sewer service area; approval was received to include service to both the existing dwelling and this new lot in the sewer service area located within East Windsor.  The East Windsor Water Pollution Control Authority has amended their map to include this lot.  A requirement of sewer service was that the lot be connected to the sewer service in South Windsor; approval has been received for that connection through the South Windsor Water Pollution Control Authority (see letter dated May 6, 2010 regarding conditions of approval of service).

Attorney Geralt noted they have received a letter from CRCOG requesting that the gravel driveway to the west be removed; both dwellings will be served by new driveways providing access to both the existing dwelling (a gravel surface) and the new dwelling (paved surface).  The comments of CRCOG, and East Windsor Town Engineer Norton, have been incorporated into the plans submitted this evening.  Attorney Geralt also noted the East Windsor Water Pollution Control Authority requested the execution of an indemnity agreement; a hold harmless agreement has been submitted for the Application file.

Mr. Ascheliman described the location of the parcel on Griffin Road.  Both lots will be served by public sewer, water, and gas.  Mr. Ascheliman reiterated that sewer service will be provided via the Town of South Windsor; the 8” pipe in the road will be reduced to a 6” pipe coming into the property to preclude development of additional lots in the future. Recommendations (based on the length of the driveway) made by East Windsor Town Engineer Norton regarding the driveway to the second/rear lot have been added to the plan.

Town Planner Whitten noted the Mitchells still have to work with the Planning Office regarding their Site Plan.

Chairman Ouellette noted this Application has come in under a Public Hearing; he queried the audience for comments.  No one requested to speak.

Town Planner Whitten referenced Condition #7 regarding North Central Health Department (NCHD) approval in the proposed approval motion.  She noted that motion can be stricken/deleted as the Applicant is connecting to the sewer.

Town Planner Whitten also noted the Applicant is asking for a waiver of a Fee-In-Lieu of an Open Space allocation, as the intent is for family to be living at the new lot.

MOTION: To CLOSE the Public Hearing on the 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].

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

No opposition/no abstentions

MOTION: To APPROVE the waiver of Section 7.1 (Open Space) – applicant requests Fee-In-Lieu if family member does not purchase.

Devanney moved/Gowdy seconded/VOTE:  In Favor:  Unanimous
No opposition/no abstentions

MOTION TO APPROVE the Application of owner Dustin Mitchell, requesting a 2 lot re-subdivision (2 lots total) at property located at 96 Griffin Road, Assessors Map 41 Blk. 69, Lot 4 + A  in the A-1 Zone. This approval is granted subject to conformance with the referenced plans (as may be modified by the Commission) and the following conditions:

Referenced Plans:

Sheet 1 of 3    Re-subdivision Plan, Mitchell Re-subdivision, prepared for Dustin Mitchell, East Windsor and South Windsor, prepared by Aeschliman Land Surveying, PC, 1379 Main St, East Hartford, CT 06108, 860/528-4881, dated 1/13/10, revised through 4/19/10, scale 1” = 40’
                Sheet 2 of 3    Topographic Map
        Sheet 3 of 3    Plan & Profile Griffin Road, (sewer plan)

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.      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 7.10 of East Windsor’s Subdivision Regulations shall result in the liability of payment
($2000) to the Town of Eat Windsor for the total fee as defined in Section 7.6 of East Windsor’s Subdivision Regulations”.
5.      The applicant shall provide two street trees on each lot and have them shown on the final plan.

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

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

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, Sheets 1 of 3 shall be filed with the town clerk by the applicant, no later than 90 days after the 15-day appeal period from publication of decision  has elapsed or this approval shall be considered null and void unless an extension is granted by the Commission.  One set, sheets1-3 of 3 shall be filed in the Planning and Zoning Department.
8.      A detailed sediment and erosion control plan shall be submitted for each lot at the time of application for Zoning Permits.  
9.      A cash (escrow) or passbook bond shall be submitted for sedimentation and erosion control maintenance and site restoration during the construction of the project.  Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within five (5) days or this permit shall be rendered null and void. The applicant's engineer shall submit an estimated cost of the E & S controls to the Town Engineer and the final amount of said bond shall be determined by the Town Engineer. (This bond covers public improvements, not individual lots.)

Conditions which must be met prior to certificates of compliance:

10.     Iron pins must be in place at all lot corners and angle points.
11.     Final Health District approval of the drinking water supply and the installation of the septic system must be demonstrated.
12.     The driveway must have a 15' paved apron or a bond for such submitted.
13.     Final grading and seeding shall be in place or a bond for the unfinished work submitted.
14.     Final as-built survey showing all structures, pins, driveways and final floor elevations as well as spot grades and required landscaping shall be submitted.
15.     All required landscaping shall be in place, or if weather does not permit, a bond for the required plantings shall be submitted.
16.     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:
17.     This re-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.
18.     A Zoning Permit shall be obtained prior to the commencement of any site work.
19.     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.
20.     Any modifications to the proposed drainage or grading for the resubdivision is subject to the approval of the town engineer.
21.     Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.
22.     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.
23.     Should the property transfer ownership before all work is completed, or before a certificate of completeness is issued, the new owner must place new bonds in their name, at which time the original bond(s) may be released.

Devanney moved/Gowdy seconded/VOTE:  In Favor:  Unanimous
No opposition/no abstentions

(Original Condition #7 regarding NCHD approval has been deleted from the approval motion listed above; all subsequent conditions have been renumbered).

OLD 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):

Chairman Ouellette noted the Applicant is not ready to move forward.  He requested a motion to continue this Application to the Commission’s next meeting.

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 80] until the Commission’s next regularly scheduled Meeting

on May 25, 2010, at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, Connecticut.

Devanney moved/Gowdy seconded/VOTE:  In Favor:  Unanimous
No opposition/no abstentions

BUSINESS MEETING/(1) Discussion on Incentive Housing Zone:

Town Planner Whitten brought the Commission up to date on the status of this grant.  The Commission discussed the process by which they will hire a consultant to complete this study.  

BUSINESS MEETING/(2)  Discussion on Route 140 Sewers:

Town Planner Whitten advised the Commission she spoke with the WPCA today; the status of funding via the USDA remains pending.  

BUSINESS MEETING/(3) Discussion on Farm Regulations:

Town Planner Whitten continues to refine the draft regulations.   She provided the Commission with information to assist in identification of residential parcels which would have the potential to support farm animals.  The Commission continued previous discussion on applicable lot size – 1 acre vs. a parcel which could provide 1 acre of pasture land.  

BUSINESS MEETING/(4)  Correspondence:   None.

BUSINESS MEETING/(5)  Staff Reports:            Nothing additional to report

BUSINESS MEETING/(6)  CGS 8-24 Referral RE:  PHASE 2:  Roadway & Drainage Improvement for Prospect Hill Drive, and Broadview Lane:

Town Planner Whitten noted last year the Commission considered, and approved, roadway and drainage improvements for Prospect Hill Drive and Broadview.  This referral is asking the Commission’s approval of the continuation of that project.

MOTION TO APPROVE the Town to seek funding and provide services for roadway and drainage improvements for Prospect Hill Drive and Broadview Lane.

Godwy moved/Devanney seconded/VOTE:  In Favor:  Unanimous
No opposition/no abstentions

BUSINESS MEETING/(7)  Declaratory Ruling:

Town Planner Whitten advised the Commission she has received a request from a potential applicant regarding a one-day recreational event for which they would seek a temporary liquor license.  Town Planner Whitten referenced existing regulations regarding requirements for non-profit groups, and questioned the Commission’s interpretation of regulation language.  The applicant is not a non-profit organization.  

The consensus of the Commission is they are receptive to the potential recreational use, but have concerns regarding the temporary liquor license, and concerns regarding restricting such a use to appropriate locations.

·       Motion – Gerald Wilcox, 50 Newberry Road
·       Motion – TJL Investment Trust, LLC, Wagner Lane
·       Mylars – TJL Investment Trust, LLC, Wagner Lane, Resubdivision

MOTION: To ADJOURN this Meeting at 8:30 p.m.

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

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