TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION
Public Hearing #1541
January 27, 2009
***** Draft Document - Subject to Commission Approval *****
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
ESTABLISHMENT OF QUORUM:
A quorum was established as five Regular Members (Devanney, Farmer, Gowdy, Ouellette, and Thurz) and one Alternate Member (O’Brien) was present. All Regular Members were present; Alternate members Matthews and Tyler were absent. Chairman Ouellette noted all Regular members would sit in on all Items of Business this evening.
Also present was Town Planner Whitten.
ADDED AGENDA ITEMS: None.
RECEIPT OF APPLICATIONS:
Chairman Ouellette noted the receipt of the following Applications:
1. Application of East Windsor Housing LTD, LLC for a Special Use Permit requesting a waiver in accordance with Sec. 302 for modifications as follows: Section 800.7 (minimum rear yards) from 40’ to 35’, and Sec. 401 (minimum front yards) from 40’ to 30’ for property located at Depot Street and Farms Road (Meadow Farms). [R-2 Zone, Map 23, Block 53, Lot 14-9].
2. Application of Richard M. Harrison, Jr. for a 1-lot subdivision of property located at 87 East Road. [R-3 Zone; Map 27, Block 77, Lot 21-1].
LEGAL NOTICE:
The following Legal Notice, which appeared in the Journal Inquirer on Friday, January 16, 2009, and Friday, January 23, 2009, was read by Chairman Ouellette:
1. Application of East Windsor Housing LTD, LLC for a Special Use Permit requesting a waiver in accordance with Sec. 302 for modifications as follows: Section 800.7 (minimum rear yards) from 40’ to 35’, and Sec. 401 (minimum front yards) from 40’ to 30’ for property located at Depot Street and Farms Road (Meadow Farms). [R-2 Zone, Map 23, Block 53, Lot 14-9].
OLD BUSINESS: ZP Group, LLC - 22-lot subdivision (Harvest View Estates) located at East and Middle Roads, owned by Fred Spielman, Jr. [R-3 Zone; Map 37, Block 82, Lot 2]. (Deadline for decision 2/12/09):
Chairman Ouellette read the description of this Item of Business. Appearing to discuss this Application was David Palmberg, of William R. Palmberg and Son, representing the ZP Group.
Mr. Palmberg summarized the proposal as being for a 22-lot subdivision of single family homes with cul-de-sac to be located on East Road and Middle Road abutting the Ellington town line. The Applicant is offering a Fee-In-Lieu-Of Open space. Mr. Palmberg indicated they have spoken with Town Engineer Norton regarding the outstanding maintenance issue regarding the outflow pipe which will drain into an existing farm pond located in Ellington. The meeting included staff and the Town Engineer from Ellington; the resolution will be that the Applicant will be putting money in a Maintenance Fund which matures in 50 years which is the life expectancy of the pipe. The draft documents are being exchanged by the various attorneys. Mr. Palmberg reported the remaining items on Town Engineer Norton’s list have been addressed.
Mr. Palmberg indicated they are showing sidewalks on East Road and Jesse Lane, and on Middle Road as well to address the concerns of the Commission. The sidewalks on Middle Road come up to the existing house lot. Town Planner Whitten clarified that the sidewalks will be located along the south side of Jesse Lane, along the east side of East Road, and on the north side of Middle Road up to lot 22 which abuts the Pippin property. Mr. Palmberg concurred, noting they are still revising the plans regarding the location of the sidewalks and street lights due to the ongoing discussions with Town Engineer Norton.
To respond to the Commission’s request Mr. Palmberg noted they have added a fourth street light on Jesse Lane; he indicated the location on the plans being reviewed by the Commission.
Commissioner Gowdy questioned if the easements have been finalized? Town Planner Whitten reported they have been received and will be sent to East Windsor’s Town Attorney for review. She has spoken with Town Engineer Norton regarding compliance with his recommendations and the drainage agreement. He is happy with the progress made and the decisions made between Ellington and the Applicant. Execution of the agreement could be a standard condition of approval (Condition #10) of the subdivision proposal. Town Planner Whitten also noted Town Engineer Norton had issues with the drainage calculations; Mr. Palmberg indicated he has spoken with Town Engineer Norton. Town Planner Whitten indicated that issue could be a field change. Mr. Palmberg noted he will add
notes to the plan as requested by Town Planner Whitten regarding: 1) the location of the lots to an active farm operation, 2) that the existing barn will NOT ever house farm animals, and 3) note the Fee-In-Lieu-Of Open Space.
Town Planner Whitten questioned the status of Town Engineer Norton’s comments as noted in his memo of 1/12/2009? Mr. Palmberg indicated Town Engineer Norton has accepted the drainage calculations (comment #7), the mapping has been provided to his office but is still being reviewed (comment #10), comment #11 is part of the drainage computations, and the “berm” has been added to the revised plans. Town Planner Whitten requested Town Engineer Norton’s comments under memo dated 1/12/2009 and her own comments under her memo dated 1/22/2009 be added to the approval motion as conditions of approval.
MOTION TO APPROVE waivers of the following subdivision regulation sections:
1. Waiver to allow fee in lieu of open space , in the sum of $2,000 per lot.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
MOTION TO approve the Application of ZP Group, LLC and owner Fred Spielman, Jr. requesting a 22 lot subdivision at property located at the northeast corner of East and Middle Roads, a.k.a. Map 37, Block 82, Lot 2, in the 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 of approval:
Referenced Plans:
Cover Sheet: Harvest View subdivision, East Road & Middle Road, East Windsor, CT, August, 2008, Rev Sep and Oct 2008, Owner Fred Spielman, Jr. P.O. Box 49, 283 Paris Hill, Paris, ME 04271, Developer, ZP Group, LLC 11 Bassette Lane, West Hartford, CT 06117, prepared by William R. Palmberg & Son, LLC, 264 Hazard, Ave, Enfield, CT 06082, with the following sheets :
2/22 Key Map
3/22 Property Survey
4-8/22 Subdivision Plan
9-13/22 Grading and Utility Plan
14-15/22 Plan and Profile – Jessie Lane
16/22 Plan and Profile – East Road
17/22 Plan and Profile – Drainage Outlet
18/22 Proposed Water Main Extension
19/22 Erosion and Sedimentation Control Plan
20/22 Landscape Plan
21/22 Test Pit Data
22/22 Detail Sheet
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. 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 7.10 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 7.6 of East Windsor’s Subdivision Regulations”.
4. Landscaping details shall be shown on the plans.
5. Light post location and detail shall be shown on the plans – if required
6. 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:
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 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.
8. Detailed sedimentation and erosion control plans shall be submitted with the site plan for each parcel at time of application for a zoning permit.
9. A cash (escrow) or passbook bond shall be submitted for erosion and sedimentation (E & S) control maintenance, site restoration, and roadway construction during the construction phase of the project. Any funds that may be withdrawn by the Town for such maintenance or restoration shall be replaced within 5 days or this permit shall be rendered null and void. The applicant’s engineer shall prepare an estimated cost of the E & S controls for review by the Town Engineer. The final amount of said bonds shall be determined by the Town Engineer.
10. Deeds for conservation easements and 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.
11. Any or all buildings, collapsed barns etc. must be removed prior to obtaining a zoning permit.
Conditions which must be met prior to certificates of compliance:
12. Iron pins must be in place at all lot corners and angle points.
13. Final Health District approval of the drinking water supply must be demonstrated.
14. The driveway must have a 15’ paved apron or if weather does not permit, a bond for such submitted.
15. Final grading and seeding shall be in place, or if weather does not permit, a bond for the unfinished work be submitted.
16. All required landscaping shall be in place, or if weather does not permit, a bond for the required plantings shall be submitted.
17. Final as-built survey showing all structures, pins, driveways, final floor elevations, and grading must be submitted.
18. 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:
19. 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.
20. A Zoning Permit shall be obtained prior to any the commencement of any site work.
21. 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.
22. Any modifications to the proposed drainage or grading of the subdivision is subject to the approval of the Town Engineer.
23. Additional erosion control measures are to be installed as directed by Town Staff if field conditions necessitate.
24. 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.
25. 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.
26. Sidewalks will be installed along the south side of Jessie Lane, and southward along the east side of East road to the intersection with Middle Road.
Additional Conditions:
27. Concerns from (Town Engineer) Len Norton’s memo dated 1/12/09 shall be addressed with final approval from (Town Engineer) Len Norton.
28. Notes as stated in Town Planner Laurie Whitten’s memo dated 1/22/09 shall be added to the plans.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
CONTINUED HEARING: East Windsor Housing LTD, LLC - 6-lot resubdivision and Special Use Permit/Modification of approved Site Plan for property located on Farms Road (Meadow Farms) to change from 8 residential lots and 40 active adult units to 14 residential lots and 29 active adult units. [R-2 Zone; Map 23, Block 53, Lot 14-9]. (Deadline to close hearing 2/17/09); AND, NEW HEARING: East Windsor Housing, LTD, LLC - Special Use Permit requesting a waiver in accordance with Sec. 302 for modifications as follows: Section 800.7 (minimum rear yards) from 40’ to 35’; and Sec. 401 (minimum front yards) from 40’ to 30’ for property located at Depot Street and Farms Road (Meadows Farms). [R-2 Zone; Map 23, Block 53, Lot 14-9]. (Deadline to close hearing 3/3/09):
Chairman Ouellette read the Hearing description. Appearing to discuss this Application was Jason Ziegler and David Annino. Chairman Ouellette questioned if the Commission will be discussing both hearings consecutively; Mr. Ziegler replied affirmatively.
Mr. Ziegler reported they now show a sidewalk along Depot Street, and into the park section with the gazebo on Farm Road. They have removed the 6’ fence after discussions at the previous meeting. The row of arborvitaes have now been located on the association side of the subdivision to maintain perpetual maintenance of the shrubs. They have also enhanced the plantings in the rear yards of the single family residences.
Mr. Ziegler noted receipt of the following: 1) letter of support from Kevin Leslie of the Water Pollution Control Authority, and 2) memo from Fire Marshal Blaine Simpkins requesting the emergency access be paved, and posted with “no parking - fire lane” signs. Mr. Ziegler noted they will continue to gate the emergency access. In response to Town Engineer Norton’s request grading notes have been added to the plans submitted tonight; plans have also now been stamped by a civil engineer.
Mr. Ziegler displayed architectural drawings of the Over 55 remaining units, noting they are similar to the design utilized in Hillside Farms and contain 1392 square feet.
Chairman Ouellette questioned the purpose of the waiver for the set-back lines? Mr. Annino indicated the 5’ waiver helps them fit the units in better in the Over 55 area; they will be further away from the street than originally proposed. They will be able to fit one car in the driveway and another in the turn-around. Town Planner Whitten noted the larger units have a 2 car garage; they will be able two fit 2 cars in the driveway. She questioned if any additional parking was being provided elsewhere for guests? Mr. Annino replied negatively, noting they thought the turn-around would be a better option.
Commissioner Devanney noted that on several of the single family lots the footprint for the home leaves little room for landscaping in the back yards. Mr. Annino suggested they could push the homes forward 10’ to allow a back yard area. The Commission concurred with that suggestion to avoid future individual variance requests.
Chairman Ouellette requested clarification on the amount of Open Space. Mr. Ziegler reported they are at 69% where 50% is required.
Chairman Ouellette opened discussion to the audience.
Richard Sherman, Hillside Farms: questioned if the sewer issue has been resolved, noting Hillside Farms has a sewer system which goes to the German Club. Under the current proposal they are now hooking a public street into that system. He questioned who is responsible for repairs? Would there be a contribution from the residential homes? Town Planner Whitten noted receipt of the memo from Kevin Leslie of the WPCA; Mr. Leslie has reviewed the easements which have been in existence prior to the construction of this subdivision. She noted the applicant is taking units away which will require less service than what was originally approved. If a pipe broke on private property repair would be the responsibility of the private property owner. She indicated this isn’t a town issue and wasn’t before this Application was approved. Discussion continued regarding the sewer issue. Chairman Ouellette suggested Mr. Sherman’s questions are outside the purview of this Commission; it was
suggested Mr. Sherman raise these questions with the WPCA.
Laura Rossignol, 18 Farms Road: noted on the east side of Farms Road the lots are half an acre, she questioned the size of the lots now being proposed. Sheryl Alaimo, (Realtor for Hillside Farms and Meadow Farms) speaking from the audience, suggested they are .58 acre. Mr. Annino suggested they are 25,000 square feet, while one half acre is about 22,000 square feet.
Al Schindler, Field Circle in Meadow Farms: reported he is happy with the proposal as shown; he feels the project is well put together. He is glad to see the fence is being removed; he favors the shrubbery. Mr. Schindler noted there are a lot of people who use the development to walk; he was hoping to connect the loop by using the emergency road but otherwise he is happy with what’s happening. He felt the other neighbors on Field Circle are happy with the proposal as well.
Town Planner Whitten noted the receipt of a “letter” of concern (actually a note hand written on a copy of the Legal Notice for this meeting) opposing the reduction of the lot sizes. The signature on the letter is unreadable. Town Planner Whitten felt the person misunderstood the request for set-back waivers as a reduction in the lot sizes.
Commissioner Gowdy questioned who would be responsible for maintenance of the sidewalk on Depot Street? Mr. Ziegler reported one side would be the responsibility of the association; the side with the grade would be the responsibility of the homeowner for Lot #10. It was noted there will be a 5’ shelf between the 4’ sidewalk and Depot Street.
Chairman Ouellette queried the audience again; no one else requested to speak.
Town Planner Whitten noted she has not finalized the approval motion as she had not had the plans to review. She suggested closing the Public Hearings; she would then prepare the approval motion for the next meeting.
MOTION: To CLOSE the Public Hearing on the Application of East Windsor Housing LTD, LLC for a Special Use Permit requesting a waiver in accordance with Sec. 302 for modifications as follows: Section 800.7 (minimum rear yards) from 40’ to 35’; and Sec. 401 (minimum front yards) from 40’ to 30’ for property located at Depot Street and Farms Road (Meadows Farms). [R-2 Zone; Map 23, Block 53, Lot 14-9].
Devanney moved/Gowdy seconded/VOTE: In Favor: Unanimous
MOTION: To CLOSE the Public Hearing on the Application of East Windsor Housing LTD, LLC for a 6-lot resubdivision and Special Use Permit/Modification of approved Site Plan for property located on Farms Road (Meadow Farms) to change from 8 residential lots and 40 active adult units to 14 residential lots and 29 active adult units. [R-2 Zone; Map 23, Block 53, Lot 14-9].
Devanney moved/Gowdy seconded/VOTE: In Favor: Unanimous
MOTION TO APPROVE the Application of East Windsor Housing LTD., LLC for a Special Use Permit requesting a waiver in accordance with Section 302 for modifications as follows: Section 800.7 (minimum rear yards) from 40’ to 35’; and Sec. 401 (minimum front yards) from 40’ to 30’ for property located at Depot Street and Farms Road (Meadow Farms) [R-2 zone; Map 23, Block 53, Lot 14-9]
(Conditions not included in motion made; see amendment following).
AMENDED MOTION TO APPROVE the Application of East Windsor Housing LTD., LLC for a Special Use Permit requesting a waiver in accordance with Section 302 for modifications as follows: Section 800.7 (minimum rear yards) from 40’ to 35’; and Sec. 401 (minimum front yards) from 40’ to 30’ for property located at Depot Street and Farms Road (Meadow Farms) [R-2 zone; Map 23, Block 53, Lot 14-9]
Referenced Plans:
Cover Sheet/Site Location Map: Resubdivision of Meadow Farms, Depot Street & Farms Road – Map 23, Block 53, Lot 14-09, East Windsor CT for Property Owner/Applicant East Windsor Housing LTD. LLC, 60 Popieluszko Court, Hartford, CT 06106, prepared by Annini Survey, LLC, 900 Boston Post road, Ste 21, Old Saybrook, CT 06475 Latest revision January 20, 2009, including the following sheets:
1/10 Key Map, scale 1” = 200’ dated 12/25/08
2/10 Record Subdivision Map – Resubdivision of Meadow Farms scale 1” = 80’ dated 12/25/08
3&4/10 Site Development Plan, scale 1” = 40’ 12/25/08
5/10 Landscape Plan, scale 1” = 80’, 1/20/09
6&7/10 Soil Erosion and Sediment Control Plan
8-10/10 Detail Sheets
Conditions that must be met prior to signing of mylars:
1. The name and phone number of an individual for 24 hour emergency contact for erosion control problems must be noted on the plans. Any changes in the individual responsible for emergency contact must be reported immediately to the Planning and Zoning Department.
2. 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 that must be met prior to issuance of permits:
3. A performance bond, with surety acceptable to the Town Attorney shall be provided by the applicant prior to the signing of the mylars.
4. One set of final plans, with any required revisions incorporated on the sheets shall be submitted for signature of the commission. The signed plans shall be filed in the Planning & Zoning Office by the applicant prior to issuance of any permits.
General Conditions:
5. A site plan or special use permit must be sought and approved prior to use of these modifications per section 302
6 By acceptance of this permit and conditions, the applicant and owner 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.
7 This approval shall expire one year plus 30 days (to allow for signing and filing of mylars) from the date of approval.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
MOTION: To TAKE A FIVE MINUTE BREAK.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:13 p.m. and RECONVENED at 8:20.
BUSINESS MEETING/(1) Hemlock Court Sewer Service:
Town Planner Whitten noted receipt of letter dated 1/15/2009 regarding OPM’s finding and recommendations relative to the request to connect Hemlock Court to the Sewer Service Area. While the recommendation is to NOT approve the connection a Public Hearing is being held, at which time OPM will be looking for input. Town Planner Whitten noted from a planning perspective the Town of East Windsor is in favor of the connection, as it is better for the Town and better in relation to smart growth.
BUSINESS MEETING/(2) Quarry Meadows Subdivision, Public Land Acceptance - Open Space:
Town Planner Whitten noted the Commission has previously discussed the acceptance of this parcel which is accessed from Sullivan Farms; the parcel is off of Depot Street but is located entirely in the Town of Ellington. The owner of the Quarry Meadow development wants to donate the parcel as Open Space for the Town of East Windsor. Anyone who wants to use the parcel would be able to do so.
Chairman Ouellette questioned the reasoning for East Windsor having use of land located in Ellington. Town Planner Whitten noted East Windsor will get $2,000/lot in Fee-In-Lieu-Of-Open Space for the Quarry Meadows Subdivision, which is located in East Windsor off Depot Street. The developer didn’t want to pay Ellington for maintenance of the parcel in Ellington and is offering it as Open Space for East Windsor. East Windsor will own and maintain a detention basin for the Quarry Meadows Subdivision; part of the issue is that the area drains into Broad Brook in both Ellington and East Windsor.
Commissioner Gowdy advised the Commission that land adjacent to Broad Brook from Sadds Mill (Ellington) is private property leased to the Broad Brook Angling Club, which is a membership only club. The BBAC now has a lease with the developer (Stanley Kement) to use that land. He felt that this Open Space would now allow access to the public to the fishing area leased to the Broad Brook Angling Club. Discussion continued for some time; Town Planner Whitten agreed to investigate the issue further, noting if there is a lease on the land that issue should be reflected on the map under discussion.
BUSINESS MEETING/(3) Fee Scheduled (Tabled):
Town Planner Whitten noted the Planning Office is researching the cost of advertisement of Applications via various sources. The present application costs do not include the present cost of advertisement as required.
BUSINESS MEETING/(4) Correspondence: Nothing
BUSINESS MEETING/(5) Staff Reports:
* Chairman Ouellette noted he has met with Town Planner Whitten regarding possible topics for Commission Workshop discussions. Several issues were mentioned, including sidewalks, street lights, rezoning of Route 140, and Business Districts. Chairman Ouellette requested other Commission members prepare a list of their preferred discussion items as well.
* Chairman Ouellette and Commissioner Gowdy requested the re-implementation of a Status Report from the Zoning Enforcement Officer as an Agenda item.
* Chairman Ouellette noted letters have been sent to Commission members who have been repeatedly absent from scheduled meetings. Each letter outlines the attendance record for 2008, and notes the bylaw requirements. He is awaiting responses from both members.
APPROVAL OF MINUTES/January 13, 2009:
MOTION: To APPROVE the Minutes of Public Hearing #1540 dated January 13, 2009 as presented.
Devanney moved/Gowdy seconded/VOTE: In Favor: Unanimous
SIGNING OF MYLARS/PLANS, MOTIONS: Nothing presented.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:00 p.m.
Devanney moved/Farmer seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission
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