TOWN OF EAST WINDSOR
PLANNING AND ZONING COMMISSION
Public Hearing #1571
June 8, 2010
The Meeting was called to order at 7:00 p.m. in the Cafeteria of the Broad Brook Elementary School, 14 Rye Street, Broad Brook, CT. by Vice Chairman Gowdy.
ESTABLISHMENT OF QUORUM:
A quorum was established as four Regular Members (Devanney, Farmer, Gowdy, and Thurz), and one Alternate Member (Mulkern) were present. Regular Member Ouellette arrived at 8:58 p.m., at which time he replaced the sitting Alternate Member for voting privileges. Alternate Members Matthews and O’Brien were absent. Vice Chairman Gowdy noted all Regular members and Alternate Member Mulkern would sit in on all Items of Business at the beginning of the Meeting; at the arrival of Regular Member Ouellette Alternate Member Mulkern stepped down from service.
Also present was Town Planner Whitten.
ADDED AGENDA ITEMS: None.
APPROVAL OF MINUTES/May 25, 2010:
MOTION: To APPROVE the Minutes of Public Hearing #1570 dated May 26, 2010 as presented.
Devanney moved/Thurz seconded/
VOTE: In Favor: Unanimous (Devanney/Farmer/Gowdy/Mulkern/Thurz)
No Opposition/No Abstentions
RECEIPT OF APPLICATIONS:
Commission Secretary Devanney acknowledged receipt of the following Applications:
1. Application of Gregory Stewart for a Temporary Liquor Permit to allow beer garden at Firemen’s Carnival – August 13 & 14, 2010 from 6:00 p.m. to 1:00 a.m. at 89 Bridge Street, owned by the Warehouse Point Fire Department. [B-1 zone; Map 1, Block 12, Lot 2]
2. Application of G-III Holdings, LLC for a 1-lot resubdivision of property located at 58 Winkler Road. [A-1 zone; Map 15, Block 17, Lot 19-1]
3. Application of Paul Guarino for a 3-lot subdivision of property located at Griffin Road and Miller Road, owned by Natalie Bancroft. [A-1 zone; Map 41, Block 70, Lot 2]
LEGAL NOTICE:
The following Legal Notice, which appeared in the Hartford Courant on Friday, May 28, 2010 and Friday, June 4, 2010, was read by Commission Secretary Devanney:
1. Application of Farm on the River, LLC for a Special Use Permit for Recreational Use, under Sec. 304(f), to allow a music performance event on August 27-29, 2010 at rear of 140 South Main Street, owned by Island View Farm, LLC. [B-2 & A-2 Zones; Map 33, Block 5, Lot 63A].
2. Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit for renewal of gravel operation and wash plant located on the south side of Apothecaries Hall Road. [M-1. R-3 & A-1 Zones; Map 36, Block 65, Lots 1 & 7]
3. Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit/Excavation to allow expansion of gravel removal operation located on the south side of Apothecaries Hall Road, to include new Phase 15. [M-1, R-3 & A-1 Zones; Map 37, Block 65, Lots 1 & 7].
NEW HEARING: Farm on the River, LLC – Special Use Permit for Recreational Use, under Sec. 304(f), to allow a music performance event on August 27 – 29, 2010 at rear of 140 South Main Street, owned by Island View Farm, LLC. [B-2 & A-2 Zones; Map 33, Block 5, Lot 63A] (Deadline to close hearing 7/13/10):
Vice Chairman Gowdy read the Hearing description. Appearing to discuss the proposal was Steve Theaker, owner of Farm on the River, LLC and Island View Farms, and Evan Quimby, his associate.
Mr. Theaker submitted confirmation of mailings to abutting property owners for file documentation.
Mr. Theaker advised the Commission he is an attorney and cpa; he is also a music host at the University of Hartford. Mr. Theaker lives at the property formerly known as the Roberts Farm.
Mr. Theaker advised the Commission he has good experience managing such an event, which he felt will be a good opportunity for East Windsor.
Mr. Theaker wanted to propose some small revisions to the recommendations for approval. Mr. Theaker advised the Commission he understands their concerns; he assured the Commission this event would not be another “Woodstock”.
Mr. Theaker reported the area under discussion regarding this proposal is 29 acres of a total 40 acre parcel which includes 600’ of river frontage containing marshes and considerable open space. The proposal is to hold a musical event to be staged back towards – maybe 300’ away from - the river. The stage will face southeast; the property abutting the parcel in that direction is farmland. Southern Auto Sales is the closest neighbor. The stage will be set as far away as possible to prevent noise pollution. The event will not run too late at night, nor too early in the morning on Sunday because of the proximity of St. Philip’s Church. Mr. Theaker indicated they will have vendors for sound, food, etc. They are proposing the use of
portapotties; Mr. Theaker must discuss this proposal further with the Health Department but Mr. Theaker didn’t see a big problem.
Access will be provided via two points of ingress/egress. Northbound traffic will enter from a south entry point, and southbound traffic will enter from a north entry point. The access points will be separated by 175’ – 200’ of distance. Traffic will be directed towards the back to the stage area away from Route 5. There should be no cause for traffic to back up on Route 5.
Mr. Theaker reported he previously owned Roberts Trading Post and is aware of the traffic issues on Route 5; he estimated 10,000+/- cars pass this location per day
Mr. Theaker is proposing to allow overnight camping. He is planning to offer 660 campsites to be located within 4 quadrants (referenced to the Commissioners on the plans); camping sites will be 15’ x 23’ with 15’ of space between campsites. Parking will also be available at the campsites. 500 spaces for day parking will also be available near Mr. Theaker’s dwelling.
Vice Chairman Gowdy noted none of the details being discussed are shown on the plans before the Commission. Mr. Theaker agreed, noting he had just received the plans today. He will put the locations on the mylars at the end of the approval. Vice Chairman Gowdy advised Mr. Theaker it’s difficult for the Commission to follow the conversation, and the proposal, without the details being shown on the plans. Mr. Theaker pointed out various locations; Vice Chairman Gowdy reiterated the need for the plans to be updated.
Commissioner Thurz noted that other businesses exist on the top of the slope. Mr. Theaker concurred, noting there is room in front of the house and to the south for parking. Commissioner Thurz questioned the slope of the grade off the top of the hill? Mr. Theaker suggested the grade isn’t that steep; there is a private road that runs to the bottom of the hill. Vice Chairman Gowdy reiterated that none of the existing businesses are shown on the plan submitted to the Commission; it’s difficult for the Commission to consider the feasibility of the proposed event. Commissioner Devanney concurred, noting the Commission needs to see how the existing businesses and traffic for the event will work. Vice Chairman Gowdy suggested the Commission should continue this Hearing
until the next Commission Meeting at which time Mr. Theaker can present revised plans and return for additional discussion.
Town Planner Whitten advised Mr. Theaker the plans must be updated by a professional engineer. The plans need to show the traffic flow, the parking areas, the camping areas, the location of the stage, etc.
Mr. Theaker then began to address questions raised by Town Planner Whitten regarding the event:
1. Anticipated number of participants:
Mr. Theaker suggested he anticipates 800 – 900 total participants; some will arrive Friday afternoon or night, set up camp, and stay for the weekend. They will also sell day passes for Sunday only. Town Planner Whitten questioned if Mr. Theaker had run an event like this elsewhere? Mr. Theaker replied he had not run other events but had helped with similar events in Philadelphia which experienced 5 – 10,000 people/day.
2. Number of parking spaces:
Mr. Theaker suggested he will deal with that at the continued Hearing.
3. Will cars be parked at tent sites?
Cars will be parked at tent sites.
4. What provisions will be provided for overflow parking?
Mr. Theaker suggested the subject property is huge; there is enough space for parking. He didn’t anticipate the parking will get half way down the property.
5. Type of music; will big name/popular groups perform?
Music will be folk, jazz, rock. Music will be provided by local bands, no big names bands. Mr. Theaker indicated he hopes to have 13 bands at an expense of approximately $13,000.
6. Source of power for stage and vendors?
Rental equipment, i.e. generators, etc.
7. Type of stage:
Rent temporary stage, 40’ x 20’ x 20’h. Mr. Theaker submitted a photo of a tent he plans to rent. Commissioner Thurz noted the tent will require a permit from the Fire Marshal; Town Planner Whitten suggested the tent will also require a Building Permit.
8. Will there be lighting? Where?
Mr. Theaker suggested lighting will be provided by portable pole lighting at various locations throughout the site. Commissioner Farmer suggested the lighting should be shown on the plans as well.
9. Is there any issue with the FAA having such an event and the use of the runway for access? Can the FAA issue a letter of agreement for this event?
Mr. Theaker suggested there should not be any issues with the FAA. He must advise the FAA of the event and request that the runway be closed; they will then mark the ends of the runway to alert pilots that the runway is closed. Mr. Theaker suggested he has not had anyone use the airport in the 2 years he’s lived at the property.
Mr. Theaker suggested he doesn’t need a letter of agreement from the FAA.
10. Will bring your own liquor be allowed?
Mr. Theaker suggested people will be allowed to bring in their own liquor in cans but he plans to enforce a “no glass bottles rule”. Mr. Theaker suggested he plans to investigate if a non-profit organization, such as the ambulance association, might be interested in running a beer tent. This would be a good way to have the ambulance on site for emergencies as well.
Mr. Theaker indicated he hopes to have arts and crafts booths – including local artists - available as well. Mr. Quimby suggested East Windsor is important to them; they want this to be a family oriented event. They will focus on stuff for kids, such as face painting, music instruction, maybe an art show/gallery for local artists and incorporate events for kids as well.
Vice Chairman Gowdy questioned if Mr. Theaker has spoken with the Police Department? Mr. Theaker replied he had not but planned to. He has visited with the Fire Marshal, and the North Central Health District. Town Planner Whitten reported she is trying to set up a joint meeting with all those entities for Monday morning at 10.
Commissioner Devanney questioned the hours for the festival, noting the need to not impact the mass at St. Philip’s which is held at 4:30 p.m. on Saturday afternoon. Mr. Theaker suggested he had forgotten about that. Commissioner Farmer questioned the anticipated volume; he noted the proximity of 3 houses in the area. He noted the stage is proposed to face south, which faces one of the dwellings. Mr. Theaker suggested the stage will be set down towards the river; Mr. Quimby suggested there is 2,000 feet from the stage area to the dwelling. Commissioner Farmer suggested Mr. Theaker perform a sound check early on to asses the potential volume of the bands. Town Planner Whitten questioned if Mr. Theaker had spoken with the pastor of St. Philip’s? Mr.
Theaker replied he had not, but he estimated it’s approximately 2,500 feet/one half mile from the stage area to the back of the church. Commissioner Farmer suggested shutting down the bands during the mass.
Commissioner Devanney questioned if the Commission could tour the site? Mr. Theaker replied affirmatively. Town Planner Whitten clarified that if the members go together as the Commission then the site visit needs to be posted as a meeting.
Commissioner Farmer questioned the genre of music again? Mr. Theaker suggested rock & roll. Commissioner Farmer suggested he would have concerns with the current rock music. Mr. Theaker suggested there will be no mosh pits. Mr. Quimby suggested they anticipate light rock; it wouldn’t be an Ozfest or headbanging or mosh pits; it will be mellow music. Mr. Quimby suggested they will hire an outside bond company for crowd control; it will be a serene environment.
Commissioner Farmer questioned if Mr. Theaker planned on having an ambulance on site? Mr. Theaker replied affirmatively; the event is planned for August which is hot.
Commissioner Farmer questioned if Mr. Theaker planned to put up a fence? Mr. Theaker replied affirmatively.
Town Planner Whitten questioned what happens if it rains? Mr. Theaker suggested it would take a significant amount of rain to raise the river. Town Planner Whitten noted an event similar to the heavy rains of the past weekend was her concern. Mr. Theaker indicated people who attend these festivals are used to those conditions; there are local farmers in the area – such as David Tyler – who would be available to pull out vehicles if necessary.
Town Planner Whitten noted she had been contacted by Mike Caronna of the North Central Health District (NCHD); he questioned what Mr. Theaker planned to do with the “grey water” from the RVs, and the portapotties? Mr. Theaker suggested he plans to have more than necessary. Town Planner Whitten noted Mr. Theaker needs to show the number of portapotties on the plans. Mr. Quimby noted there will be handicapped portapotties available as well. Mr. Theaker indicated he didn’t anticipate participation by a lot of RV owners; people who attend these events are 26 to 36 and don’t have the income for RVs.
Commissioner Farmer questioned what was planned for food? Mr. Theaker suggested there will be vendors which will be monitored by the Health Department. Mr. Theaker indicated vendors will need to provide insurance and provide proof of approval from the Health Department.
Commissioner Farmer noted Chairman Ouellette is involved with traffic issues; Mr. Theaker should be prepared to answer vehicle related questions for the next meeting. Mr. Quimby suggested cars will enter from designated areas, go to the back of the property, and park in rows. Wrist bracelets will be issued for all participants. They will be sure to have the busiest entry time done well; they have 40 volunteers who will assist to have the operation run smoothly and efficiently. Volunteers will assist with trash removal as well. Vice Chairman Gowdy questioned where the volunteers will come from; how can they be sure that number will work the event? Mr. Theaker and Mr. Quimby suggested that family and friends make up the majority of the volunteers. It’s common for
people to assist with – and say they worked - these events. Vice Chairman Gowdy suggested the Commission needs assurance the volunteers will be available to clean up the property. Mr. Theaker reiterated he lives at the property; he doesn’t want it to be left a pigsty. They will also be renting a dumpster; Mr. Quimby indicated they will show the location on the plans.
Town Planner Whitten questioned if the business in front will be open during the event? Mr. Theaker suggested the pizza shop will be open on Saturday.
Discussion followed regarding site visits.
MOTION: To CONTINUE the Application for Farm on the River, LLC – Special Use Permit for Recreational Use, under Sec. 304(f), to allow a music performance event on August 27 – 29, 2010 at rear of 140 South Main Street, owned by Island View Farm, LLC. [B-2 & A-2 Zones; Map 33, Block 5, Lot 63A] until the Commission’s next regularly scheduled Meeting to be held on June 22, 2010 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Devanney moved/Farmer seconded/
VOTE: In Favor Unanimous (Devanney/Farmer/Gowdy/Mulkern/Thurz)
No Opposition/No Abstentions
NEW HEARING: Apothecaries Hall Enterprises, LLC – Special Use Permit for renewal of gravel operation and wash plant located on the south side of Apothecaries Hall Road. [M-1, R-3 & A-1 Zones; Map 36, Block 65, Lots 1 & 7] (Deadline to close hearing 7/13/10); AND, NEW HEARING: Apothecaries Hall Enterprises, LLC – Special Use Permit/Excavation to allow expansion of gravel removal operation located on the south side of Apothecaries Hall Road, to include new Phase 15. [M-1, R-3 & A-1 Zones; Map 36, Block 65, Lots 1 & 7] (Deadline to close hearing 7/13/10):
Vice Chairman Gowdy read the Hearing descriptions. Vice Chairman Gowdy noted the Commission will discuss both Hearings together, but vote separately on each Application. Appearing to discuss this proposal was Jay Ussery, of J. R. Russo & Associates, LLC, and Kevin Charbonneau, owner of Apothecaries Hall Enterprises, LLC.
Mr. Ussery noted the first Application is a renewal of the gravel removal permit which covers the current operation of the former Manchester Sand and Gravel pit. Mr. Ussery gave a description of the location of the operation. He suggested the renewal covers the operation through Phase 14; the second Application is for a new Phase 15.
Mr. Ussery noted that over the past 2 or 3 years they have been working to reclaim the portions excavated. Approximately 14+/- acres were reclaimed at the southwest corner of the property; this past Spring they reclaimed another 12.5 acres. A total of 26.8+/- acres have been reclaimed – graded, loamed, and reseeded. They are hoping to reclaim additional acreage to the south and on the slope by 2011. Mr. Ussery estimated that they are approaching 40 to 50% of the property as reclaimed. There is still a considerable area to excavate in Phase 14. The second/separate Application is for Phase 15 which contains approximately 3.8 acres and approximately 95,000 cubic yards of material. Phase 15 is located between Phase 14, Phase 10, and the railroad.
Mr. Ussery noted Town Engineer Norton’s comments regarding finished contours have been addressed. The property does grade towards the south and what was Ketch Brook but there is a substantial berm at that end of the parcel; no run off leaves the property and runs off onto anyone else’s property.
Mr. Ussery noted they had come in previously for approval of the sand plant, which has not yet been constructed but they would like to keep that permit open if a market returns for the material. There is a settling pond at the far corner which will be used for the sand plant when operation begins. Vice Chairman Gowdy noted Town Engineer Norton’s comments questioning when the sand plant and pond will be constructed? Mr. Ussery suggested that would depend on demand for the material; the current market is slow.
Mr. Ussery reiterated that Phase 15 contains 95,000 cubic yards of material. Town Planner Whitten questioned what the dimensions were between the finished grade and the water table? Mr. Ussery suggested that Phase 15 is centered around a depression, which is lower than the railroad. They would be cutting back the existing hill. Mr. Ussery indicated he couldn’t tell at this point if there is 8’ between the water table, but they are not changing what’s there now. They are matching the existing grade. He suggested the water gradient runs towards the south and west and to the Scantic and eventually the Connecticut River. They do not presently have any water borings at that location. Mr. Ussery recalled that when the Botticello pit was approved the elevation was
108 at Ketch Brook, but the water table at that site is about 10’ lower than this location. They could move the toe of the slope up 8’.
Town Planner Whitten questioned what phases were open, 10 and 14? Mr. Ussery indicated most of the activity is between Phase 10; they are just into Phase 14. They wanted to propose Phase 15 now, although Mr. Ussery indicated he didn’t feel they would be starting 15 soon due to the economy.
Vice Chairman Gowdy questioned the wording on Condition #20, regarding an average number of trucks per week. He felt the intent was to limit the operation to 60 trucks per day, not work an average. Town Planner Whitten suggested this wording is not new, but she also felt the intent was 60 trucks per day. The Commission concurred to take out the word “average”.
Vice Chairman Gowdy opened discussion to the audience:
Alan Andrews, 53 Apothecaries Hall Road: reported he has problems with Phase 15 and removal of trees. ATVs use the property and kick up dust which blows across the gravel pit. The berm on Phase 14 is good, but there is constant noise from the ATVs, even at 9 at night. He suggested perhaps the Applicant could put a security guard at the property to avoid injuries.
Also, with Phase 15 you will be removing trees which block noise from the gun club. The ATVs will no longer have the trees to contend with. There will be increased dust. Mr. Andrews questioned if an acoustics study has been done regarding the noise from the gun club? Presently it’s pretty land and somewhat filters out the noise from the gun club. It would be a shame to cut down the trees and the hill and allow more noise. Mr. Andrews indicated he can’t open his windows in the Spring because of the dust and dirt; with this proposal there will be more ATVs and more noise.
Jim Richards, speaking as a resident: reported the Charbonneau family is a long time friend of his family; with any project they do they are concerned with the neighbors. He wasn’t aware of the concerns mentioned by Mr. Andrews but Mr. Richards felt the Charbonneaus will address them. Mr. Richards suggested his question is what will the land be used for after excavation of the material is completed? He indicated he also serves on the Economic Development Commission and their concern would be the effect on the Town. Mr. Richards suggested the ATVs aren’t the Charbonneau’s fault; perhaps those concerns can be addressed with the Police Department. Mr. Richards felt the Charbonneaus have been good neighbors; he reiterated – what are the future
plans for the property? Would they leave the property as open space, bring in farmers, would it be housing?
Maria Miller, 47 Apothecaries Hall Road: her concern is the bikes; she lives directly across from the “road” people bring the ATVs in on. She suggested the police come, the kids leave, when the police leave the kids come back. Lifestar has been called in for an accident.
Mrs. Miller questioned if anyone has been to the property to see if the 40% has really been reclaimed? Mr. Charbonneau reported he has been working on reclaiming the latest part of the property for the past 6 months. He wished he could stop use of the land by the ATVs. He has had the DEP out to the property; they were going to take care of the problem but the kids come back. Mr. Charbonneau reported he put up a fence up in the back; in 2 weeks the fence was down. He put mounds of dirt out there and the kids get over that.
Karen Boutin, 159 Windsorville Road: reported the bikes come in the tracks from Mitchell’s pit and go up to Park Hill; she understands there is a website online that reports Charbonneau’s pit as the best place to go with a dirt bike. Mr. Charbonneau clarified that isn’t his website. Mrs. Boutin reported the dirt bikes also come in her family’s pit; there is nothing they can do to stop them. If the bikers get hurt the property owner gets arrested. The dirt bike riders have destroyed equipment at Charbonneau’s, Boutin’s, and Holden’s pits.
Mr. Charbonneau reported he has no immediate plans for the parcel after removal of the material.
Mr. Ussery indicated he appreciated the concerns of the residents regarding the gun club he agreed they can be loud at different times but they have been at that location for 50 years; it’s a use that has been there for a long time. They maintain a 100’ buffer between their property line and the railroad; there is a hill between the gun club and the railroad. Mr. Ussery understood that with the removal of the trees there may be some intensity of noise but if the Charbonneau Phase 15 is lower than the railroad and gun club there will still be a hill between the noise. Mr. Ussery suggested he couldn’t see how a property owner could be penalized because of an adjacent use that has been there for a long time. Mrs.
Boutin concurred that the gun club has been in existence before Manchester Sand and Gravel started their first pit.
Regarding the future use of the property Mr. Ussery noted the property is zoned commercial along the railroad; recently the WPCA extended the sewer service along that area. Should the right commercial use come along extending the sewers to this area could allow an industrial use as there is access to the railroad. The rest of the property is zoned residential but Mr. Ussery didn’t see that use occurring as there is no sewer service. It’s not likely that septic systems would be allowed because when gravel excavation began at this property 40 years ago the regulations they operate under today were not in existence. Mr. Ussery suggested an agricultural use is possible, or possibly a Town park or golf course. Mr. Ussery indicated he couldn’t see a residential use without sewer
service, which he felt was not likely for Windsorville.
Commissioner Devanney questioned if a berm with fence on the top would help mitigate the noise when the trees are eliminated? Mr. Ussery indicted they are presently using stockpiles for a barrier along Phase 14, and would do the same thing for Phase 15.
Mr. Ussery continued to discuss the problems caused by ATVs in surrounding towns as well as East Windsor, and the inability of the Towns, owners, or police to stop this use of the properties.
Marie Miller felt the problem (with the ATVs) didn’t occur until the last expansion. Commissioner Farmer felt there was little anyone could do about the dirt bikes; he questioned what Mr. Charbonneau could do to minimize the dust? Mr. Charbonneau felt it wasn’t the operation that caused the dust, it was the ATVs. He reported he planted spruce near the Botticello property and in 2 weeks the ATV drivers ran over them or pulled them out of the ground. Commissioner Farmer questioned laying logs down as a deterrent. Town Planner Whitten suggested the only thing she’s seen work was the tree stumps dumped at NORCAP. Mr. Ussery reported the ATV drivers drive around them, but they can install them if the Commission desires. Alan Andrews felt the buffer
or stumps might help, although he’s been told the police can’t do anything. Discussion continued regarding the ATVs use of the property and possible remedies – buffer plantings, stumps, berms. Vice Chairman Gowdy suggested the residents contact the Police Department or Police Commission for assistance, as it appears to be the bikers causing the dust rather than the gravel operation. Commissioner Devanney suggested contacting the Police Commission to be included as an Agenda item for discussion of this problem.
Vice Chairman Gowdy queried the audience again for additional comments; no one requested to speak further.
MOTION: To CLOSE the Public Hearings on the Application of Apothecaries Hall Enterprises, LLC – Special Use Permit for renewal of gravel operation and wash plant located on the south side of Apothecaries Hall Road. [M-1, R-3 & A-1 Zones; Map 36, Block 65, Lots 1 & 7]; AND, NEW HEARING: Apothecaries Hall Enterprises, LLC – Special Use Permit/Excavation to allow expansion of gravel removal operation located on the south side of Apothecaries Hall Road, to include new Phase 15. [M-1, R-3 & A-1 Zones; Map 36, Block 65, Lots 1 & 7].
Devanney moved/Farmer seconded/
VOTE: In Favor Unanimous (Devanney/Farmer/Gowdy/Mulkern/Thurz)
No Opposition/No Abstentions
Commissioner Farmer didn’t think that the Commission could stop expansion of the property because people are using the property illegally. He felt plantings would help, even if it took some time for them to grow. Commissioner Thurz didn’t think much could be done about the dust. The property owner has tried to get the dirt bike riders out of the property, and has asked the police to crack down but this has been going on for 25 years. Commissioner Devanney suggested she would like to help the residents but she didn’t know what could be done; the problem isn’t the Charbonneaus, it’s the dirt bike riders. Vice Chairman Gowdy agreed with his fellow Commissioner’s comments, but noted he sympathizes with the residents. Commissioner Mulkern sympathized
with the residents as well. He didn’t feel the Commission could limit the property owner’s use of his property because of the bikers use; the Charbonneau’s have done their part.
MOTION TO APPROVE Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit for the renewal of Charbonneau gravel removal operation 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 5/21/10,
Sheet 1-/12 Compilation plan, scale 1”=100’, last revised 5/21/10
Sheet 2-11/12- Compilation Plans scale 1” = 40’, last revised 5/21/10
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 form 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 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. Grading shall not go below elevation 126 in Phase 15.
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 (Devanney/Farmer/Gowdy/Mulkern/Thurz)
No Opposition/No Abstentions
MOTION TO APPROVE Application of Apothecaries Hall Enterprises, LLC for a Special Use Permit for the Charbonneau gravel removal operation, request for new phase 15 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 5/21/10,
Sheet 1-/12 Compilation plan, scale 1”=100’, last revised 5/21/10
Sheet 2-11/12- Compilation Plans scale 1” = 40’, last revised 5/21/10
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 form 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 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. Grading shall not go below elevation 126 in Phase 15.
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 (Devanney/Farmer/Gowdy/Mulkern/Thurz)
No Opposition/No Abstentions
LET THE RECORD SHOW Commissioner Ouellette arrived at the Meeting at 8:58 p.m. Commissioner Ouellette joined the other Regular Commissioners regarding Application decisions; Alternate Commissioner Mulkern stepped down from service on the Board.
OLD BUSINESS: Carlos Burgos – Site Plan Approval for a used car sales operation to be located to the rear portion of 200 South Main Street, owned by William Hansen, TBK Ventures, LLC. [B-2 Zone; Map 33, Block 5, Lot 80] (Deadline for decision 6/17/10):
Town Planner Whitten reported the Applicant has not responded to repeated requests for plans to support the Application, nor has the Applicant responded to Staff comments, or requested an extension of the Application. Town Planner Whitten also visited the site and has found the area subject to this Application to be heavily used and questioned the ability of the site to be able to support expanded operations.
MOTION: TO DENY WITHOUT PREJUDICE the Application of Carlos Burgos for Site Plan Approval for a used car sales operation to be located to the rear portion of 200 South Main Street, owned by William Hansen, TBK Ventures, LLC. [B-2 Zone; Map 33, Block 5, Lot 80].
Devanney moved/Ouellette seconded/
VOTE: In Favor Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)
No Opposition/No Abstentions
OLD BUSINESS: All American Products Corp – Modification of Approved Site Plan including an area of fill over Phase II for Armster Reclaimed Lumber Co. located at 232 & 244-246 South Main Street. [M-1, B-2 & A-2 Zones; Maps 33/38, Block 5, Lots 84-1 & 87] (Deadline to for decision 7/15/10):
Vice Chairman Gowdy read the description of this Item of Business. Appearing to discuss this Application was Jay Ussery, of J. R. Russo & Associates, LLC. Mr. Ussery recalled that during the previous Meeting the Commission and staff had raised concerns regarding the fill relocation to an area which had been reserved for Armster’s expansion. Mr. Ussery reported he conveyed that information to Mr. Balch, and suggested he needed to work out a resolution with Armster, and then to attend a meeting to explain how the fill relocation and Armster’s overflow storage area will dovetail. Mr. Ussery felt Mr. Balch was working on that issue; on behalf of the Applicant Mr. Ussery requested a continuance until the Commission’s next meeting.
MOTION: To CONTINUE the Application of All American Products Corp for
Modification of Approved Site Plan including an area of fill over Phase II for Armster Reclaimed Lumber Co. located at 232 & 244-246 South Main Street. [M-1, B-2 & A-2 Zones; Maps 33/38, Block 5, Lots 84-1 & 87 until the Commission’s next regularly scheduled Meeting to be held on June 22, 2010 at 7:00 p.m. in the Town Hall Meeting Room, 11 Rye Street, Broad Brook, CT.
Devanney moved/Ouellette seconded/
VOTE: In Favor Unanimous (Devanney/Farmer/Gowdy/Ouellette/Thurz)
No Opposition/No Abstentions
BUSINESS MEETING/(1) Discussion on Incentive Housing Zone – tabled.
BUSINESS MEETING/(2) Discussion on Route 140 Sewers – tabled.
BUSINESS MEETING/(3) Discussion on Farm Regulations – tabled.
BUSINESS MEETING/(4) Correspondence:
BUSINESS MEETING/(5) Staff Reports:
SIGNING OF MYLARS/PLANS, MOTIONS:
· Mitchell
ADJOURNMENT:
MOTION: To ADJOURN this Meeting at 9:05 p.m.
Devanney moved/Ouellette seconded/VOTE: In Favor: Unanimous
Respectfully submitted,
________________________________________________________________
Peg Hoffman, Recording Secretary, East Windsor Planning and Zoning Commission
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