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August 10, 2010
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Public Hearing #1576
August 10, 2010


The Meeting was called to order in the Library of the East Windsor Middle School, 38 Main Street, Broad Brook, CT. at 7:00 P. M. by Chairman Ouellette.

ESTABLISHMENT OF QUORUM:

A quorum was established as four Regular Members (Devanney, Gowdy, Ouellette, and Thurz) and two Alternate Members (Mulkern [arrived at 7:01 p.m.] and O’Brien) were present.  Regular Member Farmer and Alternate Member Matthews were absent.   Chairman 0uellette noted Alternate Member O’Brien would sit in, and vote, on all Items of Business this evening.   

Also present was Town Planner Whitten.

Guests included Kathy Pippin, of the Board of Finance.

ADDED AGENDA ITEMS:             None.

APPROVAL OF MINUTES/July 27, 2010:

MOTION: To APPROVE the Minutes of Public Hearing #1575 dated July 27, 2010 with the following amendments:

Page 5, PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  Coleman Farms, first paragraph, line 7:  “….the units would sell better if the road CLUB HOUSE were completed?”  

Devanney moved/Gowdy seconded/VOTE:  In Favor:  Unanimous  
VOTE:  In Favor:  Unanimous (Devanney/Gowdy/O’Brien/Ouellette/Thurz)
RECEIPT OF APPLICATIONS:        None.

NEW BUSINESS:  T-Mobile Northeast LLC – Site Plan Approval to add 6 panel antennas on existing water tank, along with associated ground equipment, at 104 Prospect Hill Road, owned by the Connecticut Water Company.  [R-3 Zone; Map 5, 17, Lot 38]  (Deadline for decision 9/30/2010):

Chairman Ouellette read the description of this Item of Business.  Appearing to discuss this Application was Jennifer Gaudet, representing T-Mobile.  
Ms. Gaudet reported the Application is for the placement of 6 antennas on the existing water tank located at Prospect Hill Road, and to install ground-mounted equipment.  The 6 antenna will be mounted at an eastern elevation below the dome of the water tank, and will be camouflaged by the tank.  The antenna will be located in 3 sections/locations to provide 360 degrees of rotation.  The equipment to be installed on the ground will be located on a 10’ x 20’ concrete pad; the equipment will include up to 4 cabinets.  The equipment will be operated remotely; a service person would go to the site once a month.  Two 100 watt light bulbs located on 8’ poles would be used for emergency lighting during a service call; the bulbs would be on a timer and would go off automatically.  Ms. Gaudet noted other carriers are already located at this site; some of those carriers have actual buildings for their service equipment.  Antenna and equipment will be painted the same color as the existing tower.

Ms. Gaudet noted Town Engineer Norton’s memo (dated 8/4/2010) noted a concern regarding runoff from this site which has resulted in complaints issued by neighbors on Cricket Road.  Ms. Gaudet reported a letter was sent today by  a representative from the Connecticut Water Company to Town Engineer Norton indicating that this representative would like to meet with Town Engineer Norton to review the problems and develop a remedy.  Ms. Gaudet read a copy of the letter FOR THE RECORD, and submitted a copy for the Application file.  Discussion followed regarding the intent of Town Engineer Norton’s comment; Commissioner Gowdy felt Town Engineer Norton was not in favor of adding any more impervious surface until the concern regarding run off has been addressed.  Town Planner Whitten felt Town Engineer Norton identified the swale as a possible cause of the problem.  She noted that many of the wireless companies came in for applications and installations separately; run off from the site has now become a problem.  Town Engineer Norton has been working in the Prospect Hill area recently and is therefore more familiar with the neighborhood issues; he wants to address the neighbor’s concerns.

Commissioner Thurz noted he is familiar with the site; there are a lot of underground utilities already located at this property.   Ms. Gaudet suggested their engineer and Mr. Norton have discussed the placement of the electrical line; she believes the line will now go along the edge of the driveway.  Commissioner Thurz questioned that the equipment will be exposed to the weather?  Ms. Guadet replied affirmatively, and reported that the additional impervious coverage occupied by T-Mobile’s equipment would be .03%.  They will not be installing an emergency generator; should an emergency occur they would bring a generator to the site.  Commissioner Thurz suggested they could be bringing in equipment at 3 in the morning; there are houses 25’ away from this location.   Ms. Gaudet concurred.  Discussion returned to the proposed location of underground utilities; Ms. Gaudet reiterated they decided to place the underground wires at the edge of the roadway.  Town Planner Whitten felt Town Engineer Norton’s position had been why disturb the driveway if there is space available along the grass?  

Commissioner Devanney questioned if an evaluation had been done to determine if the tower could handle all the existing and proposed antennas?  Ms. Gaudet referenced a letter acquired from a structural engineer regarding the structural integrity of the tower.
Ms. Gaudet then referenced the following colored maps relative to T-Mobile’s coverage:
·       Existing coverage, including site at elevated sign located at Burger King/Shell station.
·       Proposed coverage
·       Combined coverage resulting from existing and proposed location

Ms. Gaudet suggested the areas shown in pink would indicate coverage at the street level, such as that used in stores, buildings, etc.  The yellow and green areas represent stronger signals; as you move further away from the site the signal lessens.

Chairman Ouellette noted the next Commission meeting is in September; although the Commission usually requires that the Town Engineer’s comments are addressed prior to Application approval he suggested those comments be added as conditions of approval to move the Application along.  He suggested Town Engineer Norton’s issues appear to be concerns that could be worked through with Staff; he questioned if Town Planner Whitten would be comfortable with addition of Town Engineer Norton’s concerns as conditions of approval?  Town Planner Whitten concurred, noting that all grading and drainage issues should be addressed by the Applicant and approved by the Town Engineer; the Town Engineer must also sign off on the Zoning Permit.  Ms. Gaudet agreed with the proposed additional conditions.  

Commissioner O’Brien questioned how quickly T-Mobile would start their work?  Ms. Gaudet reported T-Mobile doesn’t have control of the property but she would take Connecticut Water (landlord) at their word to address the issues raised by the neighbors.  The work would begin as soon as the Building and Zoning Permits are received.  Commissioner O’Brien noted Town Engineer Norton’s comments regarding existing drainage problems and his concern for adding additional impervious coverage; will the resolutions considered be just enough to take care of the T-Mobile proposal or other carriers that might come along also?  Town Planner Whitten noted Connecticut Water can’t increase flow off site; they must start considering where the drainage from the swale is going.

MOTION TO APPROVE the Application of T-Mobile  Northeast LLC, and owner Connecticut Water Co., requesting a site plan approval for  wireless communications antennas per Section 804, to be located on existing water tank, and associated equipment sheds and improvements,  located at 104 Prospect Hill Road, East Windsor, CT. [Assessors Map 5, Block 17, Lot 38] R-3 Zone.  This approval is granted subject to   conformance with the referenced plans (as may be modified by the conditions) and the following conditions:

Referenced Plans:

T1      Title Sheet & Index – T-Mobile, 35 Griffin Rd, Bloomfield, CT 06002, Site Information CTHA065 East Windsor 1-91, 104 Prospect Hill Rd, E. W CT 06088, All-Points Technology Corp. PC, 3 Saddlebrook Dr. Killingworth CT 06419, 860/663-1697  ww.allpopintstech.com  dated 7/15/10 rev through 7/21/10
SP1     Site Plan, Detail and Notes
A1      Site & Compound Plan Elevation and Details
C1      Antenna and Coax Plan and Details
C2      Equipment Layout and Details

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.      One set of mylars shall be submitted to the Commission for signature.  All plans shall require the seal and live signature of the appropriate professional(s) responsible for preparation of the plans. (One paper set of the structural plans shall be submitted for signature.)
3.      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:

4.      A Zoning Permit for all site work, inclusive of grading and placement of concrete pad and cabinets, must be applied for and approved prior to the start of construction. Two sets of the final approved plans shall be submitted at this time.
5.      A detailed sediment and erosion control plan for the entire development shall be submitted at the time of application for the site improvement Zoning Permit.  The plan shall include the engineers estimated costs for E&S controls.  The Town Engineer will review the plan and cost estimates and will set the E&S bond amount.
6.      Additional requirements and procedures may be implemented by the Town Planner.

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

7.      Site improvements must be completed or bonding in place.
8.      Final grading, seeding, landscaping shall be in place or the E&S bond will not be               released or reduced.
9.      Additional bonding may be required by the Planning Department.
10.     All state inspection fees must be paid.

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

11.     A paper copy of the final as-built survey showing all structures, pins, roads, walks, driveways, drainage systems, and final floor elevations as well as spot grades shall be submitted and approved by the Town Planner.
12.     A final as-built mylar shall be submitted and signed by the Commission.
13.     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 Official may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.  

General Conditions:

14.     This site plan approval shall expire five years from date of approval.  Failure to complete all required improvements within that time shall invalidate the approval. The developer may request an extension of time to complete the improvements from the Commission, in accordance the Connecticut General Statutes. The Commission shall require proper bonding be in place prior to the approval of any such extension.
15.     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.
16.     Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.
17.     All improvements and development must be performed in accordance with the East Windsor Zoning Regulations and applicable Town policies.
18.     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.

Additional Condition:

19      All drainage and grading issues must be addressed by Applicant, and approved by Town Engineer Norton.  Town Engineer must sign Zoning Permit prior to issuance.

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

OLD 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.  [M1, B-2 and A-2 Zones; Maps 33/38 Block 5, Lots 84-1 & 87]  (Deadline for decision extended to 9/13/2010):

Town Planner Whitten advised the Commission she has received today the following 2 memos from Jay Ussery, of J. R. Russo & Associates:
1.      Memo indicating Mr. Ussery spoke with Mr. Balch today; there has not been an agreement negotiated with Armster Lumber Company as of today but they anticipate drafting something this week.  An extension has been requested.
2.      Memo requesting a 5 day extension to take the Applicant/Application to the Commission’s September Meeting.

Town Planner Whitten reported she has seen no progress between All American Products Corp and Armster Lumber Company.  The area proposed for the deposition of the excavated material is behind Hotcakes, which is the area identified as Phase 2 for Armster it they need additional storage for lumber.  

Chairman Ouellette questioned how many extensions have been granted?  Town Planner Whitten reported they are allowed an extension of up to 65 days; if the 5 day extension is approved they could come in on the September 14th meeting with plans to be reviewed that evening.  Chairman Ouellette noted that scenario would require the Commission to make a decision at the September 14th Meeting on plans that may, or may not, be acceptable.  

Discussion followed regarding action alternatives, including Denial without Prejudice, which would allow the Applicant to return with a new Application within 6 months.

Town Planner Whitten reported the Application is for a Site Plan Modification for Armster Lumber Company to eliminate Phase 2 of their storage area; it is modifying Armster’s existing Permit.  This not an Application to remove fill.  The Commission previously granted Staff approval for the location for the fill deposition.

Chairman Ouellette questioned if the Applicant is under an Order from the DEP (Department of Environmental Protection)?  Town Planner Whitten replied affirmatively but noted this Commission has no jurisdiction over that Order.  The Inland Wetlands Commission cited the Applicant; the DEP is now involved but nothing appears to be happening via the DEP.  Town Planner Whitten reiterated she has seen no progress regarding this Application; no plans have been submitted, no discussions have occurred between All American Products Corp and Armster Lumber Company.  The Commission concurred, noting the Application has been extended several times; the Applicant has had time to negotiate with the tenant, and the professional engineer has not been able provide plans based on a resolution that hasn’t occurred.
MOTION: To DENY WITHOUT PREJUDICE 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.  [M1, B-2 and A-2 Zones; Maps 33/38 Block 5, Lots 84-1 & 87].

REASON FOR DENIAL:  Chairman Ouellette, speaking on behalf of the Commission, suggested the Applicant hasn’t made a good faith effort to submit plans or additional information to the Site Plan Modification request.  Town Planner Whitten noted the lack of progress with regard to negotiation of an agreement with Armster Reclaimed Lumber Co. relative to the proposed location for deposition of material to be removed by All American Products.  Chairman Ouellette further noted the Commission has been patient, and given numerous continuations of this Application; the Applicant has had time to work out a resolution.  A Denial Without Prejudice allows the Applicant to return and submit a new application in the future.  

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

BUSINESS MEETING/(1)  Discussion on Farm Regulations:

The Commission and Town Planner Whitten continued their review of development of the proposed Farm Regulations.  The following issues were discussed:
·       Commercial Farm – those farms producing an income of at least $2500; reference to filing of IRS Schedule F as a defining document, allowed in any zone, must contain a minimum of 3 acres.
·       Non-Commercial Farms – allowed in any zone, must contain 1 acre of useable pasture to own animals/livestock.
·       Animal density vs. acreage; types of livestock relative to neighboring properties.
·       Continued research on signage in surrounding towns.
·       Wood-burning stoves, environmental issues associated with use and type of wood burned, DEP guidelines, need for referral to Building Department.
·       Sawmills – allowed on Commercial Farms.
·       Review of uses allowed under Special Use Permits; movement of  subsection regarding “fees” from Section 305.4(b) – Uses Requiring a Special Use Permit, to Section 305.6 – Other Considerations.
·       Review of Section 305.6 – Legal Non-Conformities – grandfathering, effect of  abandonment of use.
·       Review of consistency of language, i.e. limited farm changed to non-commercial farm, etc.

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

Town Planner Whitten reported a Town Meeting is being held Wednesday, August 11th to consider approval or denial of the proposed sewer expansion.  An informational meeting will be held prior to the Town Meeting.  Should a petition to go to referendum be filed the Town Meeting would be adjourned to the referendum.  The informational meeting could continue after adjournment of the Town Meeting to discuss any additional questions.

Town Planner Whitten reported many departments, staff and individuals, and agencies – including the Health Department – have been involved in developing information regarding this proposal.  Many of those parties will be available for discussion during the informational meeting.  A letter to the editor will appear in the Journal Inquirer; two flyers have been developed to present the information – the latest flyer is being hand-delivered to resident’s neighborhoods.

Town Planner Whitten reiterated – apartments are NOT allowed in any zones presently.

Chairman Ouellette recalled a question from a previous informational meeting was – what is the annual financial cost to the taxpayer?  Town Planner Whitten reported the annual cost has been determined to be less than $2/household.

Discussion followed regarding the status of failing septic systems in the area.  It was noted that Suffield was recently mandated by the DEP to install sewers no matter how it was funded.  

BUSINESS MEETING/(3)  Correspondence:   None.

BUSINESS MEETING/(4)  Staff Reports:

·       Citation Notice issued for Volume Reduction Facility at 68 Newberry Road.  
·       Letter going out on stockpiling of asphalt millings on Route 5.
·       Discussion on temporary signs.

SIGNING OF MYLARS/PLANS, MOTIONS:

·       Motion – Natalie Bancroft/Homes by Guarino

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 8:25 p.m.

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

Respectfully submitted,

Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission
(2980)