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September 28, 2010
TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION

Meeting # 1577
September 28, 2010


The Meeting was called to order in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT. at 6:59 P. M. by Chairman Ouellette.

ESTABLISHMENT OF QUORUM:

A quorum was established as five Regular Members (Devanney, Farmer, Gowdy, Ouellette, and Thurz) and one Alternate Member (O’Brien) were present.  Alternate Member Mulkern was absent.   Also present was Town Planner Whitten.

ADDED AGENDA ITEMS:             None.

APPROVAL OF MINUTES/August 10, 2010:

MOTION: To APPROVE the Minutes of Public Hearing #1576 dated August 10, 2010 as written.

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

RECEIPT OF APPLICATIONS:

1.      Application of Herb Holden Trucking, Inc. For a Special Use Permit/Renewal of earth products removal permit for property located on the west side of Wapping Road, owned by Northern Capital Region Disposal Facility.  [A-1 & M-1 Zones; Map 41, Block 65, Lot 31].

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  Southern Auto Sales, Inc. – Request from James E. Ussery, Jr., J. R. Russo & Associates, for a one-year extension of the Site Plan Approval to build an addition to a barn at 205 South Main Street.  (Approved 10/14/08; extension granted through 10/14/10):

Chairman Ouellette read the description of this Item of Business.  He noted receipt of letter from Jay Ussery, of J. R. Russo & Associates, requesting a one year extension for the captioned Application.  Chairman Ouellette reported that he has reviewed the State Statutes and has found that extensions for site plan approvals can be extended for up to 10 years.  

Mr. Ussery, speaking from the audience, reported he had a plan available for review if necessary; the Application is for an addition to an existing barn located on property at 205 South Main Street.   Various members of the Commission noted they recalled the Application.  

MOTION: To APPROVE A ONE YEAR EXTENSION THROUGH 10/14/2011 for the Application of Southern Auto Sales, Inc. – Request from James E. Ussery, Jr., J. R. Russo & Associates, for a one-year extension of the Site Plan Approval to build an addition to a barn at 205 South Main Street.  

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

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  NRT Realty, LLC – Request from James E. Ussery, Jr., J. R. Russo & Associates, for a one-year extension of the Special Use Permit and Site Plan Approval for the development of a retail facility and garden center located on the south side of Bridge Street.  (Approved 10/14/08; extension granted through 10/14/10):

Chairman Ouellette read the description of this Item of Business.  He noted receipt of letter from James Ussery, of J. R. Russo & Associates, requesting a one year extension for the Special Use Permit and Site Plan previously approved for NRT Realty.  

Attorney T. Mark Barbieri, speaking from the audience, noted the project is still simmering; they continue to pursue tenants for the property.  They have slowed down on the widening of the road as the needs may change with a different tenant.  

Commissioner Devanney noted she is glad to see the applicant still showing an interest in this project.

MOTION: To APPROVE A ONE YEAR EXTENSION THROUGH 10/14/2011 for the Application of NRT Realty, LLC – Request from James E. Ussery, Jr., J. R. Russo & Associates, for a one-year extension of the Special Use Permit and Site Plan Approval for the development of a retail facility and garden center located on the south side of Bridge Street.  

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

PERFORMANCE BONDS – ACTIONS; PERMIT EXTENSIONS; ROAD ACCEPTANCE:  Bank of Western Massachusetts – Request from Timothy A. Coon, J. R. Russo & Associates, for a one-year extension of the Site Plan Approval for the construction of a bank with a drive-through, and associated improvements at 49 Prospect Hill Road.  (Approved 10/10/06; extension granted through 10/10/10):

Chairman Ouellette read the description of this Item of Business.  He noted receipt of letter from Tim Coon, of J. R. Russo & Associates, requesting a one year extension for the Site Plan previously approved for Bank of Western Massachusetts.  The Applicant has no plans to proceed at present but would like to keep their options open.

Commissioner Devanney suggested Chairman Ouellette’s comment regarding the ability to grant extensions for 10 years made her comfortable with granting another extension.

Mr. Ussery, speaking again from the audience, concurred he didn’t believe the Applicant had a plan in place at present.  Shortly after this approval was granted the Applicant was purchased by another bank.  He believed they had purchased this piece of property and would like to keep the Site Plan open.

MOTION: To APPROVE A ONE YEAR EXTENSION THROUGH 10/10/2011 for the Application of Bank of Western Massachusetts – Request from Timothy A. Coon, J. R. Russo & Associates, for a one-year extension of the Site Plan Approval for the construction of a bank with a drive-through, and associated improvements at 49 Prospect Hill Road.  

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

BUSINESS MEETING/Discussion/(1)  Incentive Housing Zone – Discussion of Feasibility Study with Consultants:

Appearing to discuss the status of this study were Michael Looney and Rebecca Auger of Milone & MacBroom.  

Mr. Looney and Ms. Auger advised the Commission how they reviewed various properties situated in two locations, the Route 140 corridor from Mullen Road to Route 5, and Route 5 from the Enfield border to South Water Street.  Within those locations they identified several properties with varying degrees of potential for development of an Incentive Housing Zone.  

Mr. Looney and Ms. Auger continued their report by discussing their findings to date.

MOTION: TO TAKE A FIVE MINUTE BREAK.

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

The Commission RECESSED at 8:15 p.m. and RECONVENED at 8:22 p.m.

BUSINESS MEETING/Discussion/(2)  Temporary Sign Regulations:

Town Planner Whitten referenced a memo from Zoning Enforcement Officer Newton which noted a recent review of local businesses found many businesses lacking compliance with the Temporary Sign Regulations.  As a result 38 letters, accompanied by copies of the Temporary Sign Regulations and application forms, were sent to 38 businesses currently found to not be in compliance.  To date, 3 Dunkin Donut locations came in, and were the first businesses, to apply for temporary signs.  The memo also noted a subsequent review resulted in 21 Letters of Violation being sent out to businesses who continue to disregard the Temporary Sign Regulations.  

The current regulation has a sunset provision; the Commission discussed the lack of voluntary compliance.  

Jim Richards, speaking as a member of the Economic Development Commission, and as Executive Director of the Chamber of Commerce, offered his commentary.  Mr. Richards felt that enforcement had been delayed due to the economy, and can now be turned into an informational process if people don’t know the regulations exist.  He felt to have the regulations on the books was positive as it shows the Town is business-friendly.  He cited Jim Nilsson of Geissler’s who has not put out signs since the regulations were adopted.  Mr. Richard suggested he doesn’t agree with illegal signs; those not complying – including those displaying farm signs – should be cited.  He reiterated that the enforcement process can be part of the educational process, violating businesses should then be cited.  

Mr. Richards indicated a unanimous vote passed at the Economic Development Commission recently in favor of extending the regulation for another year.

Town Planner Whitten and the Commission discussed the ramifications of the sign issue.  The Commission will consider extension at a future meeting.

BUSINESS MEETING/Discussion/(3)  Farm Regulations:

Town Planner Whitten gave the Commission an updated draft which contained the revisions discussed at the previous meeting.  The following options were discussed:
·       Trail-blazer signs on State highways
·       Height not to exceed 3 1/2' feet, which is the sightline of traffic
·       Size not to exceed 3 square feet
·       Letter size to be appropriate with sight distance
·       Restriction on use of colors; red and yellow are reserved for transportation messages
·       Concern for installation in Town right-of-way regarding proximity to existing utilities

BUSINESS MEETING/Discussion/(4)  Right to Farm Ordinance:       Reviewed.

BUSINESS MEETING/Discussion/(5)  Farm Setback:  Reviewed.

BUSINESS MEETING/Discussion/(6)  Correspondence:                

Land use workshop coming up.
BUSINESS MEETING/Discussion/(7)  Staff Reports: 

Town Planner Whitten noted the Applicant at 3 Shoham Road has requested to extend the parking lot/storage area and install a retaining wall.  The plan has been reviewed by Town Engineer Norton, and the proposal was discussed with Chairman Ouellette.  Review found the amount of impervious coverage will remain the same with the proposed revision.

SIGNING OF MYLARS/PLANS, MOTIONS:

·       Drawings – Guarino Subdivision, Griffin, Miller, and Abbe Roads
·       Motion – T-Mobile Northeast, LLC

ADJOURNMENT:

MOTION: To ADJOURN this Meeting at 9:10 p.m.

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

Respectfully submitted,

Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission
(1440)