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July 13, 2010
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1574
July 13, 2010



The Meeting was called to order in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. at 7:00 P. M. by Acting Chairmwoman Devanney.

ESTABLISHMENT OF QUORUM:

A quorum was established as three Regular Members (Devanney, Farmer, and Thurz) and one Alternate Member (O’Brien) were present.  Regular Members Gowdy and Ouellette and Alternate Members Matthews and Mulkern were absent.   Acting Chairwoman Devanney noted all Members present would sit in, and vote, on all Items of Business this evening.  Acting Chairwoman Devanney advised Applicants that due to the light, but legal, quorum this evening all votes must be unanimous decisions.  The Applicants present preferred to continue with their presentations.  Also present was Town Planner Whitten.

ADDED AGENDA ITEMS:             None.

APPROVAL OF MINUTES/June 22, 2010:

MOTION: To APPROVE the Minutes of Public Hearing #1573 dated June 22, 2010 as written.

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

RECEIPT OF APPLICATIONS:

Receipt of the following Application was noted by Acting Chairwoman Devanney:

·       Application of Leslie J. Hickey for a Temporary Liquor Permit to allow wine and beer tasting event for Hal Kresge to be held on October 9, 2010 from 4:00 to 10:00 p.m. at 149 North Road, owned by Patrick Soucy.  [B-2 Zone; Map 8, Block 16, Lot 27]

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:

None.


NEW BUSINESS:  Paul Guarino – 3-lot subdivision of property located at Griffin Road and Miller Road, owned by Natalie Bancroft.  [A-1 Zone; Map 41, Block 70, Lot 2]    (Deadline for decision 8/12/2010):

Acting Chairwoman Devanney read the description of this Item of Business.  Appearing to discuss the Application was Jay Ussery, of J. R. Russo & Associates.  Also present in the audience were the principals of Guarino Homes, and Natalie Bancroft, property owner.

Mr. Ussery described the Application as being a proposal for a 7 lot subdivision; 3 of the lots are located in East Windsor and 4 of the lots are over the town line in South Windsor.  The property is located at the intersection of Griffin and Miller Road, in East Windsor; Miller Road becomes Abbe Road in South Windsor. The property is currently under an agricultural use; the front portion of the parcel is row crops, while the rear is a hay lot.

The proposed lots in South Windsor will be served by sanitary sewer and city water, while the lots in East Windsor will be served by septic systems and public water.  Approval for the lots has been received from the North Central Health District (NCHD).   The 3 lots in East Windsor have enough frontage and area to meet Zoning Requirements.  The Applicant is not proposing a formal drainage system as they are not building an interior road in East Windsor.  There will actually be a decrease in flow from the agricultural use.  

Mr. Ussery referenced Town Engineer Norton’s memo dated 7/13/2010 regarding 4 recommendations.  One of Town Engineer Norton’s recommendations is that the driveways be pitched so that snow will cross flow into the lawns and infiltrate back into the ground.  The high point of the parcel is at the intersection of Griffin and Miller Roads; most of the drainage will flow south into South Windsor.  There will be a small detention basin in South Windsor which will take care of the sheet flow from the houses.  Mr. Ussery reported that they are showing the installation of street trees along Griffin Road, and a portion of Miller Road.  A section of the property on Miller Road already has street vegetation/trees.  

Mr. Ussery reported they are asking for waivers for the requirement of sidewalks and street lights.  Street lights already exist near the project location; there are not any sidewalks in the neighborhood presently.

Mr. Ussery reviewed Town Engineer Norton’s recommendations, which include:  
1.      Footing drain discharge for Lot 2-1 be brought back to the 284 contour, or approximately 50’ from the rear property line to minimize the potential for a nuisance condition on Lot 2-2,
2.      Sight distances should be shown for driveways in East Windsor.  Mr. Ussery reported the sight distances for the driveways in question are sufficient.  
3.      Driveway detail regarding pavement is an option.  Mr. Ussery reported a note will be added to plans regarding this issue.  
4.      Work within Town right-of-way requires an Application through the Public Works Department.  Mr. Ussery reported a note will be added to the plans.

Mr. Ussery reported the Application was referred to CRCOG (Capitol Region Council of Governments) because the proposal is within 500’ of the town line.  The same response memo from CRCOG was sent to South Windsor.  Griffin Road is considered a collector street; CRCOG recommended that the driveway cuts should be minimized to reduce traffic congestion.  Mr. Ussery reported they have combined driveways for 2 of the lots in South Windsor, but it’s not practical to combine any of the others.  Mr. Ussery reported they performed a manual traffic count for the 4:00 p.m. to 6:00 p.m. weekday time period at the four-way stop at the intersection of Griffin and Miller/Abbe Road.  They found a total of 260 vehicles used Griffin Road, while approximately 60 vehicles used Miller/Abbe Road.  Mr. Ussery suggested that if you took the evening peak hour traffic, and doubled it, you might approach 1,000 vehicles, which is a number which might cause you to consider Griffin a collector street.  However, the neighborhoods are all single family homes with separate driveways.   Mr. Ussery felt they had done what they could by combining the two driveways as presented on the plans.

Acting Chairwoman Devanney addressed the memo dated 6/2/2010 from the NCHD; they have given conditional approval with the condition that additional groundwater monitoring may be necessary through 2011.  She indicated that she understood that type of approval is standard for the NCHD.  Mr. Ussery concurred, noting that they take the information available and then design the septic systems to those standards and consider depth to grade.  With regard to the peak groundwater level Mr. Ussery suggested they do think they hit that level, as they only found groundwater at one lot during testing for the project.

Acting Chairwoman Devanney agreed with Mr. Ussery’s conclusion regarding the curb cuts.  She also noted there is the farm at the corner of the intersection, which contributes its own traffic.  Commissioner Thurz concurred, noting there are houses on streets much busier than these streets.  

Acting Chairwoman Devanney noted she visited the proposed location, and found there are already several street lights in the vicinity of the proposed subdivision.  She felt there were enough street lights under the existing conditions.  She felt visibility was good in this location.  

It was noted that a Fee-In-Lieu of Open Space is proposed by the Applicant.  

Acting Chairwoman Devanney queried the audience for comments; no one requested to speak.  The Applicant had no further comments they wished to present.

Town Planner Whitten suggested the addition of the following conditions:  
·       If vegetation is removed during construction the Applicant will need to add street trees.
·       Add the 4 recommendations made by Town Engineer Norton under memo dated 7/13/2010.

MOTION TO APPROVE WAIVERS FOR
1)  Street Lights – (Section 6.5)  - No lights are in the vicinity
2)  Sidewalks – (Section 6.3) – As none exist in the area. Applicant shall be subject to fee in lieu of sidewalks per Section 6.3.5 of the subdivision regulations.

Farmer moved/Thurz seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/O’Brien/Thurz)

MOTION TO APPROVE Fee In Lieu of Open Space of $2, 000 per lot  (per Section 7.5).  A note shall be added to the plans for each lot.  The note should state the following: “ Any sale or transfer of this property within five (5) years of  the original subdivision approval to a person not exempt under Section 7.6 of East Windsor’s Subdivision Regulations shall result in the liability of payment ($2,000.00) to the Town of East Windsor for the total fee as defined in Section 7.5 of the East Windsor Subdivision Regulations.”

Farmer moved/Thurz seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/O’Brien/Thurz)

MOTION TO APPROVE the Application of Homes by Guarino, and owner Natalie Bancroft, requesting a 3 lot subdivision located between Griffin and Miller Roads at the town line, Map 41, Block 70, Lot 002 in the A-1 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:

1/5 – Key Map: Guarino Subdivision, Griffin Rd & Abbe Rd South Windsor/Griffin Rd & Miller Rd East Windsor, Applicant Homes by Guarino, LLC, 258 Rye St, Broad Brook, CT 06016, Owner Natalie Bancroft, 41 Miller Rd Broad Brook CT 06016, Engineer JR Russo & Assoc., LLC 1 Shoham Rd, East Windsor CT 06088 860/623-0569, 860/623-2485 fax  Scale 1” = 100’
2/5 - Subdivision Plan, Interior Lot Special Permit EW : Map 41, Blk 70 Lot002 A1 zone 1”= 40’ dated 4/23/10 rev through 6/2/10
3/5 – Topographic Plan
4/5 – Details and Soil Erosion & Sediment Control Notes
5/5 -  Details

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 a $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 7.5 of East Windsor’s Subdivision Regulations”.

4.      Landscaping details shall be shown on the plans.

5.      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:

6.      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 full set of mylars, shall be filed in the Planning and Zoning Department.

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

8.      Deeds for any conservation easements and/or 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 certificates of compliance:

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

10.     Any 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 at least one month in advance of the expiration date 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.

Additional Conditions:

22.     If vegetation is removed during construction the Applicant will need to add street trees.

23.     The footing drain discharge for Lot 2-1 must be brought back to the 284 contour, or approximately 50’ from the rear property line to minimize the potential for a nuisance condition on Lot 2-2. (Memo dated 7/13/2010, Town Engineer Norton).

24.      The sight distances must be shown for the driveways in East Windsor.  (Memo dated 7/13/2010, Town Engineer Norton).

25.      The driveway detail on sheet 4 notes 1 ½” class 2 bituminous concrete pavement is optional.  All driveways in East Windsor that are not paved require a paved apron.  (Memo dated 7/13/2010, Town Engineer Norton).

26.     Any work within the Town Right of Way requires a permit.  Applications are available at the Public Works Office.  (Memo dated 7/13/2010, Town Engineer Norton).

Farmer moved/Thurz seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/O’Brien/Thurz)

NEW BUSINESS:  Leslie J. Hickey – Temporary Liquor Permit to allow wine and beer tasting event for Hal Kresge to be held on October 9, 2010 from 4:00 to 10:00 p.m. at 149 North Road, owned by Patrick Soucy.  [B-2 Zone; Map 8, Block 16, Lot 27]   (Deadline for decision 9/16/2010):

Acting Chairwoman Devanney read the description of this Item of Business.  Appearing to discuss the Application was Leslie J. Hickey.

Mr. Hickey reported his request is an Application for the same type of event which was held last year.  They are proposing the same layout in the parking lot with a fenced off area containing the wine/beer tasting tents.  They are also proposing to have the Savage Brothers Band for musical entertainment.  Food for the event is provided through Geissler’s Supermarket via a refrigerated truck.  The money raised from this event goes to the Hal Kresge Foundation which provides money to families in East Windsor through the Social Services Agency; services provided include food and payment of utility bills.

Acting Chairwoman Devanney noted the temporary event requires review and approval from the Fire Marshal, and the Police Department; Mr. Hickey concurred.  
Town Planner Whitten noted the event has been held before; no complaints have been received by the Planning Department.

MOTION: To APPROVE the request of Leslie J. Hickey for a Temporary Liquor Permit to allow wine and beer tasting event for Hal Kresge to be held on October 9, 2010 from 4:00 to 10:00 p.m. at 149 North Road, owned by Patrick Soucy.  [B-2 Zone; Map 8, Block 16, Lot 27].

Farmer moved/Thurz seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/O’Brien/Thurz)

OLD BUSINESS:  All American Products CorpModification 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, & A-2 Zones; Maps 33/38, Block 5, Lots 84-1 & 87].

Acting Chairwoman Devanney noted receipt of letter dated 7/12/2010 from J. R. Russo & Associates requesting a 60 day extension on this Application.  

MOTION TO EXTEND FOR 60 DAYS FROM JULY 15, 2010 the Application of 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, & A-2 Zones; Maps 33/38, Block 5, Lots 84-1 & 87].

Farmer moved/Thurz seconded/
VOTE:  In Favor:  Unanimous (Devanney/Farmer/O’Brien/Thurz)

BUSINESS MEETING/(1)  Discussion on Farm Regulations:

Town Planner Whitten noted she continues to work on revisions for the proposed regulations

BUSINESS MEETING/(2)  Discussion on Incentive Housing Zone:

Town Planner Whitten noted the Commission has chosen a consultant who plans to attend the next PZC Meeting.

BUSINESS MEETING/(3)  Discussion on Route 140 Sewers:

Town Planner Whitten noted that Staff and Selectman Menard have been working hard on moving the proposal for the sewer expansion forward.  The Town has received the USDA grant; we now need to go to Town Meeting for approval of the project.  Town Planner Whitten submitted a flyer, which is a conglomerate of many people working together to provide information for the public.  The flyer will be included as an insert in the Reminder next week.

BUSINESS MEETING/(4)  Correspondence:   None.

BUSINESS MEETING/(5)  Staff Reports:    None.

SIGNING OF MYLARS/PLANS, MOTIONS:
·       Mitchell Subdivision Plan
·       G-III Holdings Plan and motion
·       Herb Holding Trucking Motion
·       Apothecaries Hall Enterprises – Motion for renewal of gravel operation
·       Apothecaries Hall Enterprises – Motion for Phase 15

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 8:43 p.m.

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

Respectfully submitted,

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