TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION
Public Hearing #1547
May 12, 2009
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) were present. Alternate Member Matthews was absent. The Commission currently carries one vacancy for an Alternate Member. Chairman Ouellette noted all Regular members would sit in on all Items of Business this evening.
Also present was Wetlands Agent Newton, who sat in for Town Planner Whitten who was absent due to medical leave.
ADDED AGENDA ITEMS: None.
RECEIPT OF APPLICATIONS:
Chairman Ouellette noted the receipt of the following new Application:
1) Application of Elzear A. Rodrigue for a 1-lot re-subdivision for property located on the south side of Mahoney Road. [A-1 Zone; Map 30, Block 31, Lot 1].
LEGAL NOTICE:
The following Legal Notice, which appeared in the Journal Inquirer and the Hartford Courant on Friday May 1, 2009, and Friday, May 8, 2009, was read by Chairman Ouellette:
1) Application of Daniel M. Bell for a 1-lot subdivision and Special Use Permit/Rear Lot at 228 Scantic Road, owned by Eileen Bell. [A-1 Zone; Map 34, Block 22, Lot 27].
2) Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit for renewal of gravel removal operation & wash plant and addition of Phase 14, for property located on the south side of Apothecaries Hall Road. [M-1, R-3 & A-1 Zone; Map 36, Block 65, Lots 1 & 7].
PERFORMANCE BONDS - ACTIONS; EXTENSION; ROAD ACCEPTANCE:
None.
CONTINUED HEARING: Recycled Concrete Products of CT – Special Use Permit to allow a Volume Reduction Facility at 33 Apothecaries Hall Road, owned by Herb Holden Trucking, Inc., [M-1 Zone; Map 36, Block 48, Lot 38] (Deadline to close hearing 5/19/09):
Chairman Ouellette read the description of this Item of Business. Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing Recycled Concrete Products of CT., and Herb Holden, Jr., owner. Also present in the audience was Herb Holden, Sr., owner.
Mr. Ussery summarized that the RCPC facility has been in operation for some time. The operation was permitted under the Excavation Regulations, which was the only appropriate fit for the operation at the time of approval; discussions with Town Planner Whitten have determined the operation really fits better under a Volume Reduction Facility. Mr. Ussery suggested the only item pending from discussion during the previous meeting was the hours of operation. He noted Mr. Holden has written a letter regarding other businesses which operate in the vicinity of the RCPC location; the letter notes businesses which currently experience large truck traffic during hours requested by RCPC for the Volume Reduction Facility. Two of the businesses mentioned are Crop Production (fertilizer
repackaging and distribution) on Chamberlain Road adjacent to the railroad tracks, and Dearborn, which operates two businesses adjacent to the railroad tracks and accessed by a private driveway off Rye Street.
Mr. Ussery reiterated the Holdens would like to operate the Volume Reduction Facility later than the current 4:30 closing so they could supply materials to smaller businesses, such as landscapers, site contractors, and even homeowners. They would also like limited hours on Saturday to service the same clientele. Mr. Ussery noted there are many facilities operating in the M-1 Zone with no restriction on the hours of operation. The RCPC facility was the subject of a lawsuit initiated by a couple of residents regarding the hours of operation; the court subsequently ruled that it was ok for RCPC to operate in an M-1 Zone. Mr. Ussery suggested they don’t want to work 24/7, but would like to operate to 6:00 or 7:00 p.m. during the week and 7:00 a.m. to 1:00 p.m. on Saturday if that would be
possible.
Chairman Ouellette requested clarification of hours of operation for the existing permit, and the proposed permit. Mr. Holden, Jr. and Mr. Ussery both concurred that the hours of operation for RCPC - the crushing operation - would remain 8:00 a.m. to 4:30 p.m., while the new proposal - the Volume Reduction Facility - would be 7:00 a.m. to 6:00 p.m. or 7:00 p.m. Monday through Friday, and 7:00 a.m. to 1:00 p.m. on Saturday.
Chairman Ouellette cited concern for a 7:00 p.m. closing; he indicated he couldn’t envision the demand being later than 5:30 p.m. or 6:00 p.m. Commissioner Devanney referred to Mr. Holden’s letter, noting there are two businesses that are currently open to 6:00 p.m. Commissioner Devanney suggested she doesn’t have a problem with 6:00 p.m. but wouldn’t like to see the operation extend until 7:00 p.m.; she is still undecided about the hours requested for Saturday.
Mr. Holden, Jr. noted the other businesses operating to 6:00 p.m. in the M-1 Zone - Crop Production and Dearborn - use the same size equipment and trucks as does RCPC. Their facility isn’t the only one with large trucks on the road in that area. Commissioner Devanney questioned how long those businesses have been operating? Mr. Holden, Jr. suggested Crop Production began operations before Zoning Regulations went into affect; Dearborn runs low-bed trucks out of his facility at all hours of the day. Chairman Ouellette suggested those types of facilities would be expected to utilize large trucks. Mr. Holden, Sr., speaking from the audience, agreed, noting that the concern raised during the previous meeting was that only RCPC used large trucks. Mr.
Holden, Sr. reported they get calls from landscapers to come in later in the day because they are working in the area and work later than 4:30 p.m.
The Holdens reported that many of their jobs are in the Hartford area. They are union jobs; work stops at 3:00 p.m. and the trucks return to RCPC at 3:30, and are pre-loaded to move out for work the next morning. Mr. Ussery concurred, noting most of those jobs are union jobs; the work must be done and cleaned up and the trucks off the road before the commuter traffic begins.
Commissioner Thurz questioned if the Commission extends the hours for this operation what’s to stop other businesses from asking for the same thing? Mr. Holden, Jr. hoped the Commission could consider this Application independently on its merits.
Commissioner Farmer suggested his biggest concern was the ambiguity of the hours of operation for the two operations, and that’s been clarified. His other concern was what constituted an emergency situation, and he is more comfortable with previous discussion on that issue. Mr. Holden, Jr. suggested they felt it was too cumbersome to work the emergency loads into this Application and have now dropped that part of the request. Commissioner Gowdy questioned that emergency operations are DEP situations? Mr. Holden, Jr. indicated they are situations which are weather related and DEP issues, such as spills on the highway.
Mr. Ussery reported they have added locations for light poles on the plan, although they doubt lighting the yard would be necessary. The fixtures are standard pole mounted lights which are adjustable; he referenced the locations within the parking lot. Mr. Ussery felt the lights would be accessed via a switch located in the scale house.
Mr. Ussery reiterated the Application includes the request for two waivers: 1) that the required 100’ buffer along the residential zone be reduced to 50’ as there is a pre-existing 50’ heavily vegetated berm, and 2) that the parking and driveway be allowed to be gravel rather than paved.
Chairman Ouellette questioned if they would be posting a bond for the Volume Reduction Facility? Mr. Ussery replied they would not. Chairman Ouellette questioned why Town Planner Whitten had made the comment regarding bonding in her memo of April 8, 2009, revised to May 6, 2009? Mr. Ussery suggested the Volume Reduction Facility Regulations really only apply to Somers Sanitation, which is permitted by the DEP. Much material is brought into the Somers Sanitation facility everyday and then shipped out again. He believed both the DEP and the Town have bonds on that facility. This proposal is really geared towards demolition materials. The RCPC operation isn’t changing that much; there is no bond on the RCPC facility now.
Chairman Ouellette suggested if the Commission should consider this Application favorably they might consider a one (1) year permit, with specific hours of operation. Mr. Holden, Jr. questioned how complaints are handled? Chairman Ouellette suggested concerned citizens should report complaints to the Planning Department, who in turn would communicate with the owner. Zoning Enforcement Officer/Assistant Town Planner Newton reported that if she gets a complaint she contacts the owners to discuss the issue. Discussion followed as to what type of situations might constitute shutting down the operation.
Commissioner Devanney questioned if the signage would be amended to reflect this new operation? Mr. Holden, Jr. replied they would retain the same size sign but would edit the verbiage.
Chairman Ouellette queried the audience for comments; no one requested to speak.
Chairman Ouellette indicated he really had no objection to the Application other than to reduce the close of operations to no later than 6:00 p.m. To clarify, the hours of operation would be 7:00 a.m. to 6:00 p.m. Monday through Friday; 7:00 a.m. to 1:00 p.m. on Saturday. He suggested the hours could be reviewed at permit renewal. Commissioner Thurz felt the requested hours were within the Commission’s guidelines. Commissioner Gowdy suggested he was in favor of 7:00 a.m. to 6:00 p.m., or even 7:00 p.m.; he was a little concerned with the Saturday operation if tri-axle trucks were used. Mr. Holden, Jr. indicated they do get calls for sales on Saturday; many are from homeowners. Commissioner Gowdy reported he wasn’t in favor of anything larger than 2 ton pick
ups utilizing the site on Saturday. Commissioner Farmer noted the facility is limited to 60 trucks per day and review of the report submitted at the previous meeting they are not even close to that number.
Bill Nolan, 11 Apothecaries Hall Road: reported he really doesn’t mind the hours; he hears the trucks all the time, but he is concerned with the fact that there are more pedestrians and woman walking with dogs on the road now. He’s seen people get hurt on the road and doesn’t want to see them any more. If he (the Applicant) wants the extra hours then fine. When they are crushing the stone he must shut his windows because of the dust. He’s glad Herb (Mr. Holden) is putting corn in the field next to him; he does that every year and that’s great. But he is concerned for the pedestrians. Chairman Ouellette requested clarification that Mr. Nolan is concerned with the truck traffic and pedestrians sharing the same paved
surfaces? Mr. Nolan reported he isn’t concerned with the extra hours; he is concerned with the pedestrians.
Commissioner Thurz indicated he didn’t mind the hours proposed; he agreed with a one year permit renewal. Commissioner Thurz suggested Mr. Holden’s trucks go pretty slow and stop for stop signs, etc..; he hasn’t seen Mr. Holden’s guys speeding through town. Commissioner O’Brien indicated he was ok with the hours clarified by Chairman Ouellette; he felt there would be more residential traffic going in rather than the Holden trucks going out. He felt it will be local people contributing to the traffic; he didn’t feel there would be that many tri-axle trucks running up the road. Commissioner Devanney and Farmer indicated they were ok with the hours clarified by Chairman Ouellette.
MOTION: To CLOSE the Public Hearing on the Application of Recycled Concrete Products of CT for a Special Use Permit to allow a Volume Reduction Facility at 33 Apothecaries Hall Road, owned by Herb Holden Trucking, Inc., [M-1 Zone; Map 36, Block 48, Lot 38]
Devanney moved/Gowdy seconded/VOTE: In Favor: Unanimous
The Commission decided to add Condition #15 to the proposed approval motion, which would read: “Special Permit shall expire one (1) year from the date of approval; permit may be renewed on an annual basis.”
MOTION TO APPROVE Waiver of
Section 601.3.a to allow graveled surfaces for drive and parking.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
MOTION TO APPROVE Waiver of
Section 600.2 to allow the required 100 foot buffer along a residential zone to be minimized to 50 feet.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
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
2/2: 1”= 40’
-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, 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 plans.
Conditions which must be met prior to the issuance of any permits:
3. 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:
4. 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.
5. 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 saw dust should be considered and addressed.
6. 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:
7. 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.
8. A Zoning Permit shall be obtained prior to the commencement of any site work.
9. 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.
10. Any modifications to the proposed drainage or grading for the site plan is subject to the approval of the town engineer.
11. Additional erosion control measures are to be installed as directed by town staff if field conditions necessitate.
12. 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
13. Items #2, 11, 12, 13, 14, 15, 16, 21 (with reference to new Section 807) from the original approval dated June 11, 1991, PH #1199 are hereby incorporated into these conditions of approval.
14. Hours of operation for the accessory sales operation determined to be 7:00 a.m. – 6:00 p.m. Monday through Friday, and 7:00 a.m. to 1:00 p.m. on Saturday.
15. Special Use Permit shall expire in one (1) year from date of approval; permit may be renewed on an annual basis.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
NEW HEARING: Daniel M. Bell – for a 1-lot subdivision and Special Use Permit/Rear Lot at 228 Scantic Road, owned by Eileen Bell. [A-1 Zone; Map 34, Block 22, Lot 27] (Deadline to close hearing 6/16/09):
Chairman Ouellette read the Hearing description. Appearing to discuss this Application was Daniel Bell, of 228 Scantic Road.
Mr. Bell reported they are trying to subdivide a rear lot from the existing parcel, which also contains Mr. Bell’s home. The lot design/plan was prepared by Design Professionals; the North Central Health District (NCHD) did the testing for the location of the septic system; and approval was recently received from the Inland/Wetlands Commission for minimum exposure. Town Engineer Norton has also reviewed the plans; his comments and recommendations have been taken into consideration and the plans adjusted accordingly over the past months. Mr. Bell reported that Staff comments 1 through 5 noted on Town Planner Whitten’s memo dated 5/6/2009 have been adjusted on the plans before the Commission this evening.
Chairman Ouellette questioned the proximity of the nearest neighbor? Mr. Bell reported this parcel is a fully wooded lot; he submitted photos of the parcel taken from the road to the Commission. The driveway for the new lot will be located to the left of the existing driveway. Chairman Ouellette questioned if there was adequate visibility in either direction; Mr. Bell indicated it’s clear for several hundred feet in both directions.
Commissioner Devanney suggested it appeared from the plans that the primary septic field is within the property set back. Mr. Bell reported that the NCHD had visited the property several times, and have given their letter of approval for the location shown. The septic system is a fully engineered system. Zoning Enforcement Official/Assistant Town Planner Newton reported the septic system is located entirely within the upland review area but the NCHD said that’s the only area on the property a septic system could be installed.
Chairman Ouellette queried the audience for comments:
Ward Woodruff, 230 Scantic Road: reported he lives in the vicinity of the proposed lot subdivision; he has no problems with the Application as proposed.
MOTION: To CLOSE the Public Hearing on the Application of Daniel M. Bell for a 1-lot subdivision and Special Use Permit/Rear Lot at 228 Scantic Road, owned by Eileen Bell. [A-1 Zone; Map 34, Block 22, Lot 27] .
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
MOTION TO APPROVE the Application of Daniel Bell and owner Eileen Bell, requesting a special use permit for one rear lot , and a subdivision to create one additional lot at 228 Scantic Road.[Map #34, Blk. 22, Lot 27] in the A1- 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:
Sheet 1/5 – Cover Sheet/Key Map/Location Map/Zoning Data Block –Daniel Bell, SubdivisionPlan – Special Use Permit – 228 Scantic Road, East Windsor CT, prepared by Design Professionals 425 Sullivan Avenue, PO Box 1167, South Windsor, CT 06074, 860/291-8755, 860/291-8757 fax, ww.designprofessionalsinc.com, dated August 6, 2008, rev. Sep 10, 2008
2/5 Property Survey
3/5 Plot Plan
4/5 Topographic Plan, last revised 4/9/09
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. 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:
4. 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, including subdivision/special use permit rear lot , 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 set of mylars, sheets shall be filed in the Planning and Zoning Department.
5. Detailed sedimentation and erosion control plans shall be submitted with the site plan for each parcel at time of application for a zoning permit.
6. A cash (escrow) or passbook bond shall be submitted for erosion and sedimentation (E & S) control maintenance and site restoration 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 bond shall be determined by the Town Engineer.
Conditions which must be met prior to certificates of compliance:
7. Iron pins must be in place at all lot corners and angle points.
8. Final Health District approval of the drinking water supply must be demonstrated.
9. The driveway must have a 15’ paved apron or if weather does not permit, a bond for such submitted.
10. Final grading and seeding shall be in place, or if weather does not permit, a bond for the unfinished work be submitted.
11. All required landscaping shall be in place, or if weather does not permit, a bond for the required plantings shall be submitted.
12. Final as-built survey showing all structures, pins, driveways, final floor elevations, landscaping and grading must be submitted.
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 Officer may issue a Certificate of Zoning Compliance provided a suitable bond is retained for any remaining site work.
General Conditions:
14. 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 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.
15. A Zoning Permit shall be obtained prior to any the commencement of any site work.
16. 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.
17. Any modifications to the proposed drainage or grading of the subdivision is subject to the approval of the Town Engineer.
18. Additional erosion control measures are to be installed as directed by Town Staff if field conditions necessitate.
19. 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.
20. 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.
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 8:00 p.m. and RECONVENED at 8:13 p.m.
NEW HEARING: Apothecaries Hall Enterprises, LLC - Special Use Permit for renewal of gravel removal operation & wash plant and addition of Phase 14, for property located on the south side of Apothecaries Hall Road. [M-1, R-3, and A-1 Zone; Map 36, Block 65, Lots 1 & 7] (Deadline to close hearing 6/16/09):
Chairman Ouellette read the Hearing description. Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, representing Apothecaries Hall Enterprises, LLC; and Kevin Charbonneau, the owner.
Mr. Ussery reported the Application is for the renewal of the existing permit for the wash plant, and an expansion of the gravel operation to include Phase 14. The Applicant appeared before the Commission perhaps a year ago for approval of the sand wash plant which was to be operated by Burgess & Shaw. Also attending the presentation at that time was Steve Garrity, who had planned to operate the sand wash. Construction of the wash cells for the wash plant had begun; Burgess & Shaw has now gone out of business, and Steve Garrity is no longer interested in the wash operation. Mr. Charbonneau reported they have begun the reclamation work on that area; although it’s unlikely someone else will come in to operate the sand wash facility due to the expense of operation they would
like to renew that permit. Mr. Ussery concurred that although they were reclaiming this area the renewal would give them the ability to go back in and rebuild the sand wash plant if the opportunity arose. They can tie the reclamation of these 5 acres into other previously reclaimed land. They are also proposing about an expansion of the gravel operation, which would be Phase 14, out into the existing corn field on Apothecaries Hall Road. The top soil would be stripped from this phase; a berm would be established (then seeded) to prohibit visibility of the operation from Apothecaries Hall Road. Mr. Ussery estimated the new operation will be approximately 425’ to 450’ from the road.
It was noted that Town Planner Whitten had noted concerns regarding depth to water table under her comments reflected in her memo dated 5/5/2009. Mr. Ussery reviewed the plans, noting the proposed contour running through the middle of the phase is 148’, and 144’ is the proposed grade at the edge of the phase. The groundwater runs north and west in this location. The finished grade is either 144’ or 148’ for Phase 14; there is much more than 8’ distance above the groundwater level. Mr. Ussery also noted there is no discharge of stormwater from this pit; everything stays inside.
Mr. Ussery referred to comments made under Town Engineer Norton’s memo dated 4/22/2009. He noted all comments have been addressed; Town Engineer Norton really has no concerns regarding this proposal.
Chairman Ouellette questioned if the property extends any further to the north? Mr. Ussery replied affirmatively, noting the property runs another 425’ towards the railroad tracks and road. The entire parcel contains 220 acres.
Commissioner Devanney asked for the information requested under comments #8 (the amount of material to be excavated or removed per phase should be submitted) and #9 (the proposed timeframe for excavation activities) reflected on Town Planner Whitten’s memo dated 5/5/2009. Mr. Ussery reported approximately 190,000 cubic yards will be excavated; it’s difficult to estimate a timeframe when considering the current economy.
Chairman Ouellette questioned that the only point of access would be Windsorville Road? Mr. Ussery replied affirmatively, noting that access road is paved for about 700’ into the pit and includes an anti-tracking pad.
Commissioner Gowdy questioned how frequently the elevations would be run during the operation? Mr. Ussery noted the Commission has updated its regulations to include a new requirement that control points be established around the perimeter of the excavation, and quarterly reports must be submitted to the Planning Office.
Chairman Ouellette questioned if the residences on Apothecaries Hall Road will be able to see the excavation operation? Mr. Ussery replied residents would be able to see the machinery stripping the land and building the berm initially; after that everything will be on the back side of the berm and the operation will occur much lower than the road and the berm. Commissioner O’Brien questioned the height of the berm? Mr. Charbonneau reported approximately 8’ to 10’.
Chairman Ouellette cited concern for blowing dirt for the residences. Mr. Ussery reported all the houses are probably well over 500’ away from the proposed operation; he felt it would have to be a strong southerly wind to send dust or dirt that far over. Mr. Ussery also noted the agricultural use (corn, which grows to 8’ or 9’) will be in place all Summer.
Chairman Ouellette queried the audience for comments; no one requested to speak.
MOTION: To TAKE A FIVE MINUTE BREAK.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
The Commission RECESSED at 8:38 p.m. and RECONVENED at 8:45 p.m.
Chairman Ouellette noted that in her absence Town Planner Whitten recommended the Commission approve the sand wash plant permit and the expansion of the gravel operation separately. Conditions for each approval will be slightly different. The Commission recessed while Zoning Enforcement Official/Assistant Town Planner Newton called Town Planner Whitten for clarification of the conditions.
MOTION: To CLOSE the Public Hearing on the Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit for renewal of gravel removal operation & wash plant and addition of Phase 14 for property located on the south side of Apothecaries Hall Road. [M-1, R-3 & A-1 Zone; Map 36, Block 65, Lots 1 & 7].
Devanney moved/Gowdy seconded/VOTE: In Favor: Unanimous
MOTION TO APPROVE Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit for the Charbonneau gravel removal operation, renewal of permit located on the south side of Apothecaries Hall Road. M-1, R-3 & A-1 Zones. [Map 36, Block 65, Lot#1 & 7]. The approval is for a 1-year duration to expire 1 year and 30 days from date of approval. This approval is granted subject to conformance with the referenced plans and the following conditions:
Referenced Plans:
“Cover Sheet, Charbonneau Gravel Pit , Apothecaries Hall Road, East Windsor CT prepared for Apothecaries Hall Enterprises, LLC, 125 Edwin Road, South Windsor CT 06074, prepared by J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 860/623-0569, fax 860/623-2485, dated 4/9/09
Sheet 1-/12 Compilation plan, scale 1”=100’,
Sheet 2-11/12- Compilation Plans scale 1” = 40’
Sheet 12/12 - Soil Erosion & Sediment Control Notes dated 11/13/06
CONDITIONS:
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. A $35,000.00 (renewal of existing bond on file) performance bond with additional amount as set by Town Engineer for each additional phase (14) with surety acceptable to the Town Attorney shall be provided by the applicant prior to the signing of the mylars.
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 that must be met prior to issuance of permits:
4. Two 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 and on the land records
5. A full anti-tracking pad, or similar treatment must be installed prior to the paved apron leading onto Apothecaries Hall Road. Any erosion and sedimentation control measure must first be approved by the Town Engineer
6. In order to ensure the site is graded in accordance with the approved plan, vertical and horizontal control points shall be setup around the entire perimeter of the parcel. Such control points shall be:
a) noted on the approved plan
b) spaced no farther than 200 feet apart; and
c) set in the ground with iron or steel stakes at least ¾ inches in diameter and 30 inches in length.
In addition, the applicant shall be required to provide the Zoning Enforcement Officer with as-built drawings six months after the issuance of the permit to demonstrate compliance with the approved grading plan. Any deviation from the approved plan shall be a violation and cause for revocation of the permit
7. No phase may begin until the previous phase has been substantially completed except for the phase containing the reclamation plan as indicated on the referenced plans.
8. Prior to the start of any new phase, the applicant shall submit evidence of conformance to the approved plans for the previous phases including a certified as-built survey showing finished grades.
General Conditions:
9. A zoning permit shall be obtained prior to the start of any work or new phase. No zoning permit shall be issued until a cash or passbook bond for site restoration, erosion and sedimentation control has been submitted. Such bond shall be good for the life of the permit/project. Any funds that may be withdrawn by the Town for such maintenance shall be replaced within 5 days or this permit shall be rendered null and void.
10. Operation of the gravel pit may include:
a. Temporary grinding of stumps pursuant to the conditions of a Special Permit approval granted on April 8, 1997 and pursuant to provisions of Section 9 and 9A.5.(New section 814)
b. Temporary screening of excavated material pursuant to provisions of Section 9 and 9A.5. (new section 814)
c. Temporary crushing of rock and gravel mined on-site only with portable crushing apparatus and pursuant to provisions of Section 9 and 9A.5*.(new section 814)
d. Excavating, moving, piling, loading and removal of sand, gravel, fill, trees, stumps and brush. “Clean fill” as defined by Connecticut DEP standards may be brought in to the reclamation area to bring grades into conformance with the approved plans.
* Approval of a temporary crushing operation was assumed on August 9, 1994 when, by incorporation into the approved plans, the Commission sanctioned this use. There is no mention in any of the previous motions of a crushing facility, however the use was presented to the Commission at the public hearing on July 12, 1994. Then Planner José Giner advised the Commission on that evening that the “regulations allow for crushing plants as well; both requests (a fueling tank was the other request approved) are items to be decided at the Commission’s discretion.” A subsequent approval on April 8, 1997 was granted with the portable crusher shown on the plans. It is my opinion that in taking this action, after the effective date of
the volume reduction facilities, the Commission made this a conforming use at the site. The stump grinder, screener and excavation activities are all activities that have been explicitly approved through the Special Permit process. Though no reference in any previous motions speak to the crushing operation, its approval is implied through past Commission approval of plans which show the crusher at this location.
11. The final grading shall conform to the proposed final grading as indicated on the referenced plans; but in no case shall any final slope be steeper than a rise to run ratio of 1:3, also knows as a 33% slope.
12. In the event that the operation ceases before all phases are completed, the remaining land shall be graded to leave no slope exceeding 33%.
13. As each area or phase is graded to final contours, the ground shall be back covered with topsoil or loam to render it usable for growing agricultural products. All areas will require a minimum of 6 inches of topsoil in accordance with the regulations.
14. No trees, brush or stumps shall be buried on site.
15. The driveway to the pit shall be maintained in a hard surfaced, paved condition from Windsorville Road inward for a minimum distance of two hundred feet. The driveway shall be cleaned regularly to minimize the dust nuisance created by exiting traffic.
16. An oversized gravel anti-tracking pad leading to the driveway shall be installed and
maintained to further minimize dust nuisance.
17. The gate across the driveway into the pit shall be maintained in good condition and kept closed and locked during all times when the pit is not in operation.
18. A stop sign shall be maintained at the entrance to the pit during operating hours in such a way so that outgoing traffic from the pit can be reasonably expected to see it before entering Windsorville Road.
19. A “Private Property – No Trespassing” sign shall be maintained at the entrance to the pit facing outward toward Windsorville Road.
20. The total number of loaded, or partially loaded, outgoing trucks from the pit shall not exceed an average of sixty (60) trucks per day or a maximum of three-hundred (300) trucks in any one week period, counting Monday through Friday.
21. The pit shall not be opened or operated before 7:30 a.m. and shall not be opened or operated later than 5:00 p.m. on weekdays, Monday through Friday.
22. The pit shall not be open or operated on weekends.
23. Measures to minimize the dust nuisance from the site shall be provided by the applicant for review and approval of Town staff. Additional measures are to be undertaken if required by staff if field conditions necessitate.
24. The “Best Management Practices” outlined by the Hartford County Natural Resource Conservation Service shall be adhered to.
25. The applicant shall adhere to all conditions of their Inland Wetlands Permit.
26. The vegetation (trees) to be removed shall be accomplished in one step and the topsoil shall be stripped off and stockpiled immediately or a temporary vegetative cover implemented.
27. Certified as-builts showing contours of completed and active areas shall be submitted to the Planning and Zoning Department no later than July 1 of each year that this permit is in effect.
28. Finished grades may not be closer than 8’ to the water table.
29. There shall be no on-site maintenance of equipment unless it is a clear emergency. Town staff shall be notified if such emergency exists.
30. There shall be no bulky waste or debris disposal allowed on the site. The operator of the pit shall provide adequate security measures to prevent unauthorized waste disposal. Any unauthorized disposal shall be cleaned up and disposed of off site by the operator of the pit.
31. The project shall be carried out in phases as shown on the plans.
32. All trucks and equipment shall be parked off-street.
33. Upon completion of the excavation, the land shall be cleared of all debris and a minimum of six (6) inches of topsoil shall be spread over any disturbed areas.
34. Additional drainage and erosion control measures are to be installed as directed by town staff if field conditions necessitate.
35. Any modifications to the proposed drainage for the site plan is subject to the approval of the town engineer.
36. This project shall be executed and maintained in accordance with the approved plans and conditions. Minor modifications to the approved plans which result in lesser impacts may be allowed subject to staff review and approval.
37. 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.
38. This approval shall expire one year plus 30 days from date of approval or upon completion of the project, whichever occurs first ,and is renewable on an annual basis.
39. All requirements of Section 814 of East Windsor Zoning regulations effective October 1, 2007 shall apply to this permit, inclusive of the following:
814.3j - STABILIZATION , TEMPORARY: Upon completion of the workday, proper measures shall be taken to restore a slope not exceeding 1 foot rise to 1.5 foot run. Temporary stockpiles, and areas left open for any extended time should be planted with a grass seed, or other sufficient temporary ground cover. Additional erosion control measures such as spreading of hay or erosion control blankets may be required during the non growing season,
814.3k - STABILIZATION, PERMANENT: As each area or phase is graded to final contours, the ground shall be covered with a minimum of 6 inches of topsoil or loam and seeded with a perennial grass and maintained until the area is stabilized and approved by the Commission.
814.3q - DEPTH TO WATER TABLE: A minimum of 8 feet from finished grade to depth of water table shall be maintained. At no time shall excavation exceed the approved finished grade. Subsoil must remain native and undisturbed. Reports of actual grade shall be submitted once grade reaches 18 feet above water table. Reports shall be submitted at every 2 foot intervals, or quarterly, whichever occurs first. The applicant must show the depth of existing water table relative to proposed finished grades
814.3 r - EXPIRATION OF PERMIT: The Special Use Permit shall expire one year from date of approval. Permit may be renewed on an annual basis. An as-built of the entire site prepared by a licensed land surveyor or engineer will be required before an extension can be granted. Failure to renew a permit is cause for revocation.
814.4c1 – the amount of material to be excavated or removed per phase should be submitted.
814.4c2 – the proposed time frame for excavation activities should be addressed. This should include the timing of all phases which are under operation.
814.4c3 – the proposed number and types of trucks should be addressed. This should include all proposed truck traffic with all open phases. See note #20.
A full anti-tracking pad, or similar treatment must be installed prior to the paved apron leading onto Apothecaries Hall Road and properly maintained. Town Engineer Norton should approve any such treatment, which must be installed as soon as agreed upon.
Devanney moved/Farmer seconded/VOTE: In Favor: Unanimous
MOTION TO APPROVE Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit for the Charbonneau gravel removal operation, and request for new phase 14, located on the south side of Apothecaries Hall Road. M-1, R-3 & A-1 Zones. [Map 36, Block 65, Lot#1 & 7]. The approval is for a 1-year duration to expire 1 year and 30 days from date of approval. This approval is granted subject to conformance with the referenced plans and the following conditions:
Referenced Plans:
“Cover Sheet, Charbonneau Gravel Pit , Apothecaries Hall Road, East Windsor CT prepared for Apothecaries Hall Enterprises, LLC, 125 Edwin Road, South Windsor CT 06074, prepared by J.R. Russo & Associates, 1 Shoham Road, East Windsor, CT 860/623-0569, fax 860/623-2485, dated 4/9/09
Sheet 1-/12 Compilation plan, scale 1”=100’,
Sheet 2-11/12- Compilation Plans scale 1” = 40’
Sheet 12/12 - Soil Erosion & Sediment Control Notes dated 11/13/06
CONDITIONS:
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. A performance bond with additional amount as set by Town Engineer for each additional phase (14) with surety acceptable to the Town Attorney shall be provided by the applicant prior to the signing of the mylars.
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 that must be met prior to issuance of permits:
4. Two 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 and on the land records
5. A full anti-tracking pad, or similar treatment must be installed prior to the paved apron leading onto Apothecaries Hall Road. Any erosion and sedimentation control measure must first be approved by the Town Engineer
6. In order to ensure the site is graded in accordance with the approved plan, vertical and horizontal control points shall be setup around the entire perimeter of the parcel. Such control points shall be:
a) noted on the approved plan
b) spaced no farther than 200 feet apart; and
c) set in the ground with iron or steel stakes at least ¾ inches in diameter and 30 inches in length.
In addition, the applicant shall be required to provide the Zoning Enforcement Officer with as-built drawings six months after the issuance of the permit to demonstrate compliance with the approved grading plan. Any deviation from the approved plan shall be a violation and cause for revocation of the permit
6. No phase may begin until the previous phase has been substantially completed except for the phase containing the reclamation plan as indicated on the referenced plans.
7. Prior to the start of any new phase, the applicant shall submit evidence of conformance to the approved plans for the previous phases including a certified as-built survey showing finished grades.
General Conditions:
8. A zoning permit shall be obtained prior to the start of any work or new phase. No zoning permit shall be issued until a cash or passbook bond for site restoration, erosion and sedimentation control has been submitted. Such bond shall be good for the life of the permit/project. Any funds that may be withdrawn by the Town for such maintenance shall be replaced within 5 days or this permit shall be rendered null and void.
9. Operation of the gravel pit may include:
a. Temporary grinding of stumps pursuant to the conditions of a Special Permit approval granted on April 8, 1997 and pursuant to provisions of Section 9 and 9A.5.(New section 814)
b. Temporary screening of excavated material pursuant to provisions of Section 9 and 9A.5. (new section 814)
c. Temporary crushing of rock and gravel mined on-site only with portable crushing apparatus and pursuant to provisions of Section 9 and 9A.5*.(new section 814)
d. Excavating, moving, piling, loading and removal of sand, gravel, fill, trees, stumps and brush. “Clean fill” as defined by Connecticut DEP standards may be brought in to the reclamation area to bring grades into conformance with the approved plans.
· Approval of a temporary crushing operation was assumed on August 9, 1994 when, by incorporation into the approved plans, the Commission sanctioned this use. There is no mention in any of the previous motions of a crushing facility, however the use was presented to the Commission at the public hearing on July 12, 1994. Then Planner José Giner advised the Commission on that evening that the “regulations allow for crushing plants as well; both requests (a fueling tank was the other request approved) are items to be decided at the Commission’s discretion.” A subsequent approval on April 8, 1997 was granted with the portable
crusher shown on the plans. It is my opinion that in taking this action, after the effective date of the volume reduction facilities, the Commission made this a conforming use at the site. The stump grinder, screener and excavation activities are all activities that have been explicitly approved through the Special Permit process. Though no reference in any previous motions speak to the crushing operation, its approval is implied through past Commission approval of plans which show the crusher at this location.
11. The final grading shall conform to the proposed final grading as indicated on the referenced plans; but in no case shall any final slope be steeper than a rise to run ratio of 1:3, also knows as a 33% slope.
12. In the event that the operation ceases before all phases are completed, the remaining land shall be graded to leave no slope exceeding 33%.
13. As each area or phase is graded to final contours, the ground shall be back covered with topsoil or loam to render it usable for growing agricultural products. All areas will require a minimum of 6 inches of topsoil in accordance with the regulations.
14. No trees, brush or stumps shall be buried on site.
15. The driveway to the pit shall be maintained in a hard surfaced, paved condition from Windsorville Road inward for a minimum distance of two hundred feet. The driveway shall be cleaned regularly to minimize the dust nuisance created by exiting traffic.
16. An oversized gravel anti-tracking pad leading to the driveway shall be installed and maintained to further minimize dust nuisance.
17. The gate across the driveway into the pit shall be maintained in good condition and kept closed and locked during all times when the pit is not in operation.
18. A stop sign shall be maintained at the entrance to the pit during operating hours in such a way so that outgoing traffic from the pit can be reasonably expected to see it before entering Windsorville Road.
19. A “Private Property – No Trespassing” sign shall be maintained at the entrance to the pit facing outward toward Windsorville Road.
20. The total number of loaded, or partially loaded, outgoing trucks from the pit shall not exceed an average of sixty (60) trucks per day or a maximum of three-hundred (300) trucks in any one week period, counting Monday through Friday.
21. The pit shall not be opened or operated before 7:30 a.m. and shall not be opened or operated later than 5:00 p.m. on weekdays, Monday through Friday.
a. 22. The pit shall not be open or operated on weekends.
23. Measures to minimize the dust nuisance from the site shall be provided by the applicant for review and approval of Town staff. Additional measures are to be undertaken if required by staff if field conditions necessitate.
24. The “Best Management Practices” outlined by the Hartford County Natural Resource Conservation Service shall be adhered to.
25. The applicant shall adhere to all conditions of their Inland Wetlands Permit.
26. The vegetation (trees) to be removed shall be accomplished in one step and the topsoil shall be stripped off and stockpiled immediately or a temporary vegetative cover implemented.
27. Certified as-builts showing contours of completed and active areas shall be submitted to the Planning and Zoning Department no later than July 1 of each year that this permit is in effect.
28. Finished grades may not be closer than 8’ to the water table.
29. There shall be no on-site maintenance of equipment unless it is a clear emergency. Town staff shall be notified if such emergency exists.
30. There shall be no bulky waste or debris disposal allowed on the site. The operator of the pit shall provide adequate security measures to prevent unauthorized waste disposal. Any unauthorized disposal shall be cleaned up and disposed of off site by the operator of the pit.
31. The project shall be carried out in phases as shown on the plans.
32. All trucks and equipment shall be parked off-street.
33. Upon completion of the excavation, the land shall be cleared of all debris and a minimum of six (6) inches of topsoil shall be spread over any disturbed areas.
34. Additional drainage and erosion control measures are to be installed as directed by town staff if field conditions necessitate.
35. Any modifications to the proposed drainage for the site plan is subject to the approval of the town engineer.
36. This project shall be executed and maintained in accordance with the approved plans and conditions. Minor modifications to the approved plans which result in lesser impacts may be allowed subject to staff review and approval.
37. 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.
38. This approval shall expire one year plus 30 days from date of approval or upon completion of the project, whichever occurs first ,and is renewable on an annual basis.
39. All requirements of Section 814 of East Windsor Zoning regulations effective October 1, 2007 shall apply to this permit, inclusive of the following:
814.3j - STABILIZATION , TEMPORARY: Upon completion of the workday, proper measures shall be taken to restore a slope not exceeding 1 foot rise to 1.5 foot run. Temporary stockpiles, and areas left open for any extended time should be planted with a grass seed, or other sufficient temporary ground cover. Additional erosion control measures such as spreading of hay or erosion control blankets may be required during the non growing season,
814.3k - STABILIZATION, PERMANENT: As each area or phase is graded to final contours, the ground shall be covered with a minimum of 6 inches of topsoil or loam and seeded with a perennial grass and maintained until the area is stabilized and approved by the Commission.
814.3q - DEPTH TO WATER TABLE: A minimum of 8 feet from finished grade to depth of water table shall be maintained. At no time shall excavation exceed the approved finished grade. Subsoil must remain native and undisturbed. Reports of actual grade shall be submitted once grade reaches 18 feet above water table. Reports shall be submitted at every 2 foot intervals, or quarterly, whichever occurs first. The applicant must show the depth of existing water table relative to proposed finished grades
814.3 r - EXPIRATION OF PERMIT: The Special Use Permit shall expire one year from date of approval. Permit may be renewed on an annual basis. An as-built of the entire site prepared by a licensed land surveyor or engineer will be required before an extension can be granted. Failure to renew a permit is cause for revocation.
814.4c1 – the amount of material to be excavated or removed per phase should be submitted.
814.4c2 – the proposed time frame for excavation activities should be addressed. This should include the timing of all phases which are under operation.
814.4c3 – the proposed number and types of trucks should be addressed. This should include all proposed truck traffic with all open phases. See note #20.
A full anti-tracking pad, or similar treatment must be installed prior to the paved apron leading onto Apothecaries Hall Road and properly maintained. Town Engineer Norton should approve any such treatment, which must be installed as soon as agreed upon.
Devanney moved/Farmer seconded/VOTE: In Favor: Unanimous
CONTINUED BUSINESS: USA Hauling & Recycling, Inc. - Site Plan Approval for drainage improvements to container storage area at 10 Shoham Road, owned by 10 Shoham Road, LLC. [M-1 Zone; Map 3, Block 17, Lots 6A & J] (Continued to May 26, 2009 meeting, deadline for decision 6/18/09):
This Agenda Item has been listed to report the Continuation of the Application to May 26, 2009. No discussion occurred this evening.
BUSINESS MEETING/(3) Correspondence:
* Chairman Ouellette noted receipt of letter dated 5/7/2009 from Charles D. Houlihan, Jr. representing Down Realty, LLC. Down Realty, LLC is an abutting property owner to the USA Hauling property which is the subject of the Continued Business Agenda Item listed above. Attorney Houlihan has requested “additions and corrections” to the minutes of April 28, 2009 regarding the Application of USA Hauling & Recycling, Inc. to reflect revisions they feel are appropriate.
Chairman Ouellette suggested it’s agreed the minutes should be relatively accurate, but minutes are a summarization of the events that occurred at a meeting. Zoning Enforcement Officer/Assistant Town Planner Newton suggested it was inappropriate for a member of the public to ask for revision of minutes; meeting minutes aren’t a legal transcription of the dialogue. She noted Attorney Houlihan has requested a copy of the meeting tapes; they can send their copy out for transcription if they prefer. A poll of the Commissioners present indicated they agreed with the minutes as presented.
BUSINESS MEETING/(4) Staff Reports: None.
APPROVAL OF MINUTES/April 28, 2009:
MOTION: To APPROVE the Minutes of Public Hearing #1546 dated April 28, 2009 as amended.
Farmer moved/Thurz seconded/
VOTE: In Favor: Farmer/O/Brien/Ouellette/Thurz
Opposed: No one
Abstained: Devanney/Gowdy
SIGNING OF MYLARS/PLANS, MOTIONS: None.
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:12 p.m.
Gowdy moved/Devanney seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
___________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission
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