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May 25, 2010
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1570
May 25, 2010

The Meeting was called to order at 7:03 p.m. in the Broad Brook Elementary School Cafeteria, 14 Rye Street, Broad Brook, CT. by Chairman Ouellette

ESTABLISHMENT OF QUORUM:

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

Also present was Assistant Town Planner Newton.

ADDED AGENDA ITEMS:

See Receipt of Applications, no additional Agenda items presented.

APPROVAL OF MINUTES/May 11, 2010:

MOTION:  To APPROVE the Minutes of Public Hearing #1569 dated May 11, 2010 as written.

Gowdy moved/Devanney seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

RECEIPT OF APPLICATIONS:

1.      Application of Farm on the River, LLC for a Special Use Permit for Recreational Use, under Sec. 304(f) to allow a music performance event on August 27 – 29, 2010 at rear of 140 South Main Street, owned by Island View Farm, LLC.  [B-2 & A-2 zones; Map 33, Block 5, Lot 63A]

2.      Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit/Excavation to allow expansion of gravel removal operation located on the south side of Apothecaries Hall Road, to include new Phase 15.  [M-1, R-3 & A-1 zones;  Map 36, Block 65, Lots 1 & 7]

LEGAL NOTICE:

The following Legal Notice, which appeared in the Hartford Courant on Friday, May 14,
2010, and Friday, May 21, 2010, was read by Chairman Ouellette:

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}.

2.      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].

PERFORMANCE BONDS - ACTIONS; EXTENSION; ROAD ACCEPTANCE: Meadow Farms – Request from James E. Ussery, Jr., of J. R. Russo & Associates for reduction of the performance bond for Meadow Farms, Phase 2 – Acorn Drive & Field Circle:

Chairman Ouellette noted receipt of request from Mr. Ussery of J. R. Russo & Associates to reduce the Performance Bond for Meadow Farms.  Mr. Ussery was present in the audience; he summarized the development of Meadow Farms for the Commission.  Meadow Farms was developed as a two-part project.   Phase I included Farms Road, which was recently subdivided into single family homes.  The Performance Bond for Phase I/Farms Road was reduced at a previous Meeting from $524,040 to $131,000.   Phase II, which included Acorn Drive and Field Circle, was built as a common-interest Active Adult Community.  Town Engineer Norton had been asked to review conditions of that phase; he has now submitted his recommendation to reduce the Performance Bond for Phase II in the amount of $494,560 to $150,000.

Assistant Town Planner Newton concurred, noting a decision on the bond reduction for Phase II was delayed to review Staff concerns.  Staff has revisited the site and is now comfortable with the bond reduction.  Chairman Ouellette noted receipt of Town Engineer Norton’s memo dated 5/11/2010 recommending the bond reduction.

MOTION: TO APPROVE the reduction of the Performance Bond for Meadow Farms, Phase 2, from $494,560 to $150,000 as recommended by Town Engineer Norton.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

NEW HEARING:  G-III Holdings, LLC – 1-lot resubdivision of property located at 86 Winkler Road.  [A-1 Zone; Map 15, Block 17, Lot 19-5]  (Deadline to close hearing 6/29/2010):

Chairman Ouellette read the Hearing description.  Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing G-III Holdings.  Available in the audience was Jim Giorgio, principal in G-III Holdings.

Mr. Ussery noted the Application is for the re-subdivision of 1 lot, known as Lot #5/86 Winkler Road.  The lot was originally part of a 5 lot subdivision; 3 lots were approved and two lots – Lot #1 and Lot #5 – were withdrawn from the original subdivision application.  Lot #5 contains in excess of 3 acres.  The Open Space requirement is 20% of the lot area, or .62 acres.  The Applicant is proposing a Conservation Easement of 2.30 acres in place of the Open Space requirement.  The driveway will come in from Winkler Road.  The dwelling style has been changed from a Colonial with basement to a raised ranch without basement.  A rear yard area is being provided.  Utilities - sewer, Connecticut Water, and power – will serve the lot.  The sightline meets minimum standards in both directions for the posted speed limit of 30 miles per hour.

Mr. Ussery noted the abutter to the south and west is Newberry Village, an Active Adult Community.  Chairman Ouellette questioned how close the proposed walking trails for Newberry Village would be to this lot?  Mr. Ussery indicated the walking trails are hundreds of feet away.  

Chairman Ouellette noted the Applicant is asking for a waiver of sidewalks and street lights.  Mr. Ussery noted there are presently no sidewalks – and none anticipated – on Newberry Road.  

Mr. Ussery noted minor concerns were raised during the Wetlands Application.  Those issues were addressed; Wetlands approval has been received.  Commissioner Devanney questioned the nature of those concerns.  Mr. Ussery indicated the Wetlands Commission had concerns regarding the amount of livability space around the dwelling.  The Zoning Regulations require a 1 acre lot; the Wetlands Commission felt there should be 1 acre of useable space.  Mr. Ussery suggested that is available as the lot size exceeds 3 acres.  Mr. Ussery indicated the Wetlands Commission also had concerns regarding the proposed location of the house in proximity to the wetlands, and the potential for homeowners encroachment into the wetlands.  To address that concern the Applicant has added buffer plantings along the wetlands line and added a fence along the Conservation Easement.  The style of the house was also changed to the raised ranch (without basement) to diminish the amount of grading around the dwelling and the potential for fill to enter the wetlands during construction.  

Chairman Ouellette questioned what was across the street from the proposed lot?  Mr. Ussery indicated the 5 – 7 acre parcel owned by the Szabos is across the street.   That land was recently approved for a 2 lot split with a shared driveway.  The Application didn’t appear before the Planning and Zoning Commission (PZC) as the parcel was an approved building lot from the 1940s.  In response to Chairman Ouellette’s question regarding the driveway Mr. Ussery noted a hammerhead is provided within the lot as a turn around to prevent the homeowners backing out into the street.  

Chairman Ouellette opened discussion to the audience; no one requested to speak.

Assistant Town Planner Newton reported she is familiar with the lot because of the Wetlands Application; she is comfortable with the proposal as presented.

MOTION: To CLOSE the Public Hearing on the Application of G-III Holdings, LLC – 1-lot resubdivision of property located at 86 Winkler Road.  [A-1 Zone; Map 15, Block 17, Lot 19-5].

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

MOTION TO APPROVE WAIVERS in accordance with Section 8-26 of the Connecticut General Statutes and Section 2.15 of the East Windsor Subdivision Regulations for the  1 lot re-subdivision for:
1.      Section 6.3 (Sidewalks): No sidewalks to be provided, as none exist in the area.  Fee –in-lieu-of sidewalks to be provided and fee to be determined by Town Engineer
2.      Section 6.5 (Street Lights) none in this area, and none were  previously required.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Godwy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

MOTION TO APPROVE open space to be in the form of Conservation Easements over entire property minus the house and yard building area.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

MOTION TO APPROVE the Application of owner G-III Holdings, LLC requesting a 1 lot re-subdivision of 3.08 acres located on the west side of Winkler Road, in the A-1 zone, also known as Assessors Map 15, Blk. 17, Lot 19-5.

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

Referenced Plans:

1/4 – Key Map – 1 Lot Re-Subdivision  Winkler Road, East Windsor CT Map 15, Blk 17, Lot 19-5, Zone A-1 , owner/applicant G-III Holdings, Inc., 45 Barber Hill Road, prepared by J.R. Russo & Assoc., 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/623-2485 fax, dated 4/26/10

        2/4         Re-Subdivision Plan, scale 1” = 40’,
        3/4     Plot Plan, scale as shown, 1/27/10 revised through 4/26/10
        4/4     Details and Soil Erosion & Sediment Control Notes

Recommended 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 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:

5.      The lots shall comply with the requirements of the North Central District Health Department requirements for on-site septic systems. Correction WPCA approval
6.      When conservation and drainage easements exist, the deeds must be approved by the Town and filed on the Land Records prior to any permits being issued.  For Conservation Easements, all markers shall be installed in accordance with the easement requirements prior to the issuance of any permits.  
7.      Conservation Easement markers shall be installed along the actual conservation boundary.  Said markers shall be installed every 50 feet on 4” x 4” pressure treated posts, set in concrete (markers are available in the Planning Department)
8.      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 from publication of decision 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.
9.      A detailed sediment and erosion control plan shall be submitted for each lot at the
time of application for Zoning Permits.  In addition, a minimum $1,200 E &S (cash) bond shall be submitted for each lot.

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.  Correction: Public water approval
12.     Each 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.     All required landscaping shall be in place, or if weather does not permit, a bond for the required plantings shall be submitted.
15.     Final as-built survey showing all structures, pins, driveways and final floor elevations as well as spot grades 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 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 any/all 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 re-subdivision 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 prior to completion of all required work, 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.

Devanney moved/Gowdy seconded/

DISCUSSION:  Chairman Ouellette questioned the need for the proposed Condition 4 – regarding the “right-to-farm” notations on plans if the subject parcel is proposed for farming; he suggested deleting Condition 4 and renumbering all remaining conditions.  The Commission concurred with Chairman Ouellette’s suggestion; Assistant Town Planner Newton agreed with the suggestion as well.

VOTE:   In Favor:  Unanimous (Devanney/Gowdy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

(NOTE:  The approval motion above does not contain the original condition #4)

NEW HEARING:  Recycled Concrete Products of CT – 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]  (Deadline to close hearing 6/29/2010):

Chairman Ouellette read the Hearing description.  Appearing to discuss this Application was Herb Holden, Jr., sales representative for Herb Holden Trucking.  Herb Holden, Sr. was available in the audience.

Mr. Holden (Jr.) summarized the history of the Application, noting the use of the property was changed from gravel excavation to the recycling concrete process.  The hours of operation approved were Monday through Friday from 7:00 a.m. to 6:00 p.m, and Saturday from 7:00 a.m. to 1:00 p.m.  Mr. Holden requested renewal of the operation with the same conditions.   Mr. Holden submitted a graph which depicted the amount of truck traffic at the site; he noted Town Planner Whitten has reported the Planning Office has not received any complaints regarding this use.  Mr. Holden also submitted a notarized letter of support – noting no problems with the operation - from John Burnham, an abutter.

Mr. Holden noted the hours of operation for the volume reduction facility – Monday through Friday, 8:00 a.m. to 4:30 p.m. have not changed.  This is a dual-purpose property.  They bring in a portable crusher about 4 times a year to make products; at other times they are just taking in materials.  They are now able to sell the products to local contractors and homeowners on Saturday.  

Chairman Ouellette clarified the Application request is for renewal of the operation without returning annually for renewal considerations.
The Commission reviewed the plans submitted.  Discussion occurred regarding the notation as to the location of bins and stockpiles as shown on the plans.  See discussion under approval motion.

Assistant Town Planner Newton reported she can concur that the Planning Office has not received any complaints regarding this operation; whatever they are doing it appears they are doing it right.

Chairman Ouellette opened discussion to the audience; no one requested to speak.

Commissioner Thurz noted that it’s his experience that the Holden trucks operate safely and within speed limits, unlike other trucks that barrel through the town.

MOTION: To CLOSE the Public Hearing on the Application of Recycled Concrete Products of CT – 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].

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

MOTION: Application of Recycled Concrete Products of CT – 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].  

Devanney moved/

DISCUSSION: Commissioner Gowdy questioned the need for Condition #18 regarding reflection on plans of specific stockpile locations.  Assistant Town Planner Newton noted that while it’s necessary that the plans show stockpile locations requirements for specific, rather than general locations, can create issues for complaints and limit the applicant’s flexibility to operate the proposed business.  After lengthy discussion the Commission decided to delete Condition #18, and renumber all subsequent conditions.

AMENDED MOTION TO APPROVE Application of Recycled Concrete Products of CT, and owner Herb Holden Trucking Inc. ,  requesting a special use permit under Chapter 807 of the Zoning Regulations to establish a volume reduction facility to be located at 33 Apothecaries Hall Road for processing of concrete, bituminous concrete and stone demolition, and earth products for resale.   M-1 Zone. (Map 36, Block 48, Lot 38)
        Referenced Plans:

1/2:     Special Permit Plan – Volume Reduction Facility, 33 Apothecaries Hall Road, East Windsor CT prepared for Recycled Products of CT, Inc, 59 Broad Brook Road, East Windsor CT Zone R3 & M1, Map 36, Blk 48, Lot 38, prepared by JR Russo and Assoc, LLC 1 Shoham Rd, East Windsor CT 06088, 860/623-0569, 623-2485 fax, scale 1” = 100’, dated 3/31/09, last revised 4/13/09

2/2:     1”= 40’, last revised 4/13/09

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, landowners, 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.

3.       The 24-hour emergency contact name and phone number for sediment and erosion control problems shall be added to the final plans

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

4.      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

Conditions which must be met prior to certificates of compliance:

5.      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 not been completed, the Zoning Officer may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.  

6.      The Fire Marshall must review application and sign building permit application.  Concerns such as height of wood chip piles, location of fire hydrant, and adequate management of sawdust should be considered and addressed.

7.      This application specifically allows the storage and processing of wood, earthen and concrete, and asphalt products on the subject site.  Additionally, storage and processing of topsoil, and asphalt and concrete is permitted. The applicant may sell at wholesale or retail finished by-products.

General Conditions:

8.      In accordance with Chapter 900.3.h 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, 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.     Hours of operation for the accessory sales operation determined to be 7:00 a.m. to 6:00 p.m. Monday through Friday, and 7:00 a.m. to 1:00 p.m. on Saturday

15.     Hours of operation for the volume reduction activities shall be limited to 8:00 am to 4:30 pm Monday through Friday.  There shall be no operation of the facility on Saturdays, Sundays, and holidays.

16.     There shall be no more than sixty (60) trucks utilizing the site on any given day.

17.     No material shall be stockpiled higher than thirty (30) feet above the existing grade.  In no case shall the stockpiles be visible above the tree line from Apothecaries Road.

18.     The anti-tracking pad shall be maintained throughout the life of the project.  Additional measures including, but not limited to, road sweeping shall be employed if necessary to keep the project dirt from accumulating on Town Roads.

19.      This Site Plan Approval is specifically for the processing and subsequent removal of clean fill and shall not constitute approval for any use that requires a permit under Section 12 of the Zoning Regulations.  Inactivity for a period of two years or the removal of incoming or stockpiled material shall constitute a fill operation subject to special Permit requirements of Section 12.

20.      The proposed use shall be maintained and operated in conformance to all the provisions and standards of Sections 9.1.2 through 9.1.1.12 of the East Windsor Zoning Regulations, inclusive.  Failure to meet or maintain any of those standards shall result in the voidance of this approval.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

(NOTE:  The approval motion above does not contain the original condition #18)

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):

Assistant Town Planner Newton reported the Applicant still has not submitted updated/revised plans; the Application can be continued to the next meeting.   The Applicant is still within the Statutory timeframe, and has extensions available for review of the Application.

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.  Application continued until the Commission’s regularly scheduled meeting on June 8, 2010, to be held in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

NEW BUSINESS:  All American Products Corp. – Modification of Approved Site Plan including an area of fill over Phase II for Armster Reclaimed Lumber Co., located at 232 & 244-246 South Main Street.  [M-1, B-2 and A-1 Zones; Maps 33/38, Block 5, Lots 84-1 &  87]  (Deadline for decision 7/15/10):

Chairman Ouellette read the description of this Item of Business.  Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing the Applicant, All American Products Corp.  

Mr. Ussery advised the Commission he is submitting an Application for a Site Plan Modification for Armster Lumber Company, which occupies the building located over the slope at this location.  Armster Lumber Company purchases used lumber from various sources and resells to contractors, etc.  A storage area for lumber in front of the building was approved under Phase I.  The Commission requested that the Applicant install a fence in front of the lumber storage area to screen the material from public view.  As part of the approval for Armster Lumber Company the property owner, Jim Balch, offered a second storage area adjacent to the cell tower and Hotcakes Restaurant, which would have required an extension of the fence.  Mr. Ussery indicated he understands Armster Lumber Company now doesn’t want to use the second storage area.  Mr. Ussery indicated All American Products/Jim Balch has fill material on the slope and in the river channel encroachment line, which he is under order from the East Windsor Inland/Wetlands Commission and the Department of Environmental Protection Agency (DEP) to remove.  All American Products/Jim Balch needs approval from this Commission to remove the fill because the amount of fill under discussion exceeds 100 cubic yards.  The plan submitted this evening is a grading plan for the re-deposition of that fill in the second storage area previously being made available for Armster Lumber Company.  Mr. Ussery indicated the plan has been reviewed by Town Planner Whitten, Assistant Town Planner Newton, and Town Engineer Norton, who raised some concerns but has not had an opportunity to respond.  Mr. Ussery suggested the Commission could table this Application until the next meeting, as the DEP has also placed limitations on the time period for the excavation work due to the nesting season of eagles which habitat this area.

The Commission cited concern  for the unknown source of the deposited fill material, and noted another potential solution would be removal of the fill from this site entirely.

Assistant Town Planner Newton advised the Commission she has a minor issue with the statement that Armster Lumber Company doesn’t need more storage area.  Armster Lumber Company has multiple violations and citations regarding his business; she visits the site all the time regarding placement of the materials on the site.  Town Planner Whitten, Building Official Stanley, and Assistant Town Planner/Zoning Enforcement Official Newton met with the owner of Armster Lumber Company in December, 2009; the statement made at that meeting was that he needed the Phase II storage area to resolve the violation issues.  Mr. Balch was to put up the fence and the Phase II area was to be graveled, and that area would be for the expansion of Armster Lumber Company.  Assistant Planner Newton noted she is now hearing this information and questions where the storage for Armster Lumber Company is going?  She reiterated that Armster Lumber Company had indicated the remedy for his storage problems was the Phase II storage area.

Chairman Ouellette noted the Commission wants Armster Lumber Company to be successful and expand his business, and to do so he appears to need the Phase II storage area.  He questioned the topography of the area.  Mr. Ussery indicated the topography would make storage more difficult, as it wouldn’t be as flat as it is today, and there is a 15’ slope down towards the river.  

Commissioner Devanney questioned that under the proposed plan before the Commission Armster Lumber Company would no longer be able to use this area  (Phase II) for storage?  Assistant Town Planner Newton replied affirmatively, noting Phase II storage is now allowed for Armster Lumber Company, and this modification would remove Phase II availability.  She suggested perhaps there are other plans for additional storage for Armster Lumber Company, but that information hasn’t reached the Planning Office.  Mr. Ussery indicated he was not aware of issues between Armster Lumber Company and Mr. Balch.

Chairman Ouellette suggested tabling this Application until more information is provided.  Discussion continued regarding fill placement options; the Commission noted the material has to be removed but reiterated that perhaps the option is to remove the material from the site entirely.  

MOTION: To TABLE the Application of All American Products Corp. for Modification of Approved Site Plan including an area of fill over Phase II for Armster Reclaimed Lumber Co., located at 232 & 244-246 South Main Street.  [M-1, B-2 and A-1 Zones; Maps 33/38, Block 5, Lots 84-1 &  87].  Application continued until the Commission’s regularly scheduled meeting on June 8, 2010, to be held in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.

Devanney moved/Gowdy seconded/
VOTE:   In Favor:  Unanimous (Devanney/Gowdy/Ouellette/Thurz/O’Brien)
                        No Opposition/no abstentions

BUSINESS MEETING/(1)  Discussion on Incentive Houseing Zone – tabled.

BUSINESS MEETING/(2)  Discussion on Route 140 Sewers – tabled.

BUSINESS MEETING/(3)  Discussion on Farm Regulations – tabled.

BUSINESS MEETING/(4)  Correspondence:   None.

BUSINESS MEETING/(5)  Staff Comments:   None.

SIGNING OF MYLARS/PLANS, MOTIONS:       None.

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 8:06 p.m.

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



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