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PZC minutes 3/27/2007
MEMBERS PRESENT:        Chairperson Patrick Kennedy, Bart Pacekonis, Michael Sullivan, Gary Bazzano, Louis Evans, and Cliff Slicer

ALTERNATES PRESENT:     Daniel Jeski
Viney Wilson
Dave Sorenson sat for Suzanne Choate

STAFF PRESENT:  Marcia A. Banach, Director of Planning
Jeff Doolittle, Town Engineer

Chairman Kennedy called the special meeting to order.

Bazzano read the legal notice as it was published in the Journal Inquirer on Thursday, March 15, 2007 and Thursday, March 22, 2007

Public Hearing – Council Chambers

1.      Appl 07-10P, Poulin Resubdivision/Interior Lots – request for a subdivision and special exception to article 4.6 to create two interior lots on 9.3 acres for property located on the northerly side of Strong Road and westerly of West Road, RR zone

Attorney Mark Needleman, representing the applicant had the following comments:

§       Poulins have existing homes on the site.
§       Proposal is to divide the parcel (± 12 acres) to allow the existing owner to modify their boundary increasing their lot; also creating 2 rear lots.
§       A gravel driveway will enter from Strong Road, location to provide maximum sight lines – safety factor.
§       Gravel driveway is located on the perimeter; existing is a turn around hammerhead for emergency vehicles.
§       One lot will consist of ±7.38 acres; one ±2 acres.
§       This proposal satisfies Section 4.6.3 and 4.6 2
§       The site contains wooded and over grown brush; invasive species will be removed from the site; intention is to promote a more natural environment to create a habitat for wildlife etc.
§       Proposal meets minimum setbacks, area, and frontages.
§       The site is buffered and screened appropriately; northerly is the Redland Brick land area with a 75’ buffer of existing trees.

Dana Steele, J.R. Russo Associates and representing the applicant had the following comments:

§       Site is flat and slopes from the northeast corner towards the southeast corner.
§       A drainage ditch runs along the southern portion of the property; driveway will cross the ditch in 2 locations.
§       Culverts installed will be consistent with the existing drainage that has been installed.
§       Staff’s comments have been submitted in revised plans.
§       Strong Road does not contain a sanitary sewer resulting in the lots being serviced by septic systems; testing was done and observed by the Health Department; results suitable.
§       Existing septic system (lot 3) is serviced by a private gravel driveway (Tomel Road), access to this lot.
§       Individual wells will service the lots.

Banach provided the following planning report:

1.      The requirements for interior lots in the RR zone include 80,000 sf of minimum lot size and 252.5’ of minimum lot width.  Both lots appear to conform to these requirements.
2.      The criteria for approval of interior lots include:
a.      subject area boundary configurations, topography, soils or other natural resource characteristics, proximity to neighboring properties and dwelling units, restriction of existing views, proposed buffering and screening, potential drainage, traffic, and environmental impact, driveway locations, slopes and sight lines, utility service capability, property value impact, and future land use alternatives.
3.      Final design of the septic systems is subject to review and approval of the Town Sanitarian.
4.      (note) - The access drive has been designed to meet the requirements of the Fire Marshal.
5.      (note) - There is an existing parcel that’s being left to the northeast of the access drive that would need further subdivision approval in the future if it were to be proposed as a building lot – not to be labeled as a building lot on the submitted plans to avoid confusion on its status in the future.
6.      There is an existing private drive (Tomel Road) that services 4 houses in the area thus appearing to have many back lots.
7.       (note) The applicant would like to retain the ability to utilize an existing pathway between the lots for maintenance reasons.  Part of the pathway is along Tomel Road area.  A note should be added to the plans prohibiting any access to the new lots from the existing Tomel Road drive.
8.      There are regulated wetlands on the property.  IWA/CC heard and approved the application on March 21st.  They placed several approval conditions on the approval:
a.      Removal of invasive plants such as autumn olive and multi flora rose.
b.      Proper plantings for the application that will develop as part of a comprehensive landscaping plan, which the applicant will propose and Town Staff will review and approve.
c.      A minimum of 15’ vegetated buffer to be installed between the pond and all impervious surfaces.
d.      A planting buffer, at least 20’ in width, adjacent to the pond itself – planting to be approved by Town Staff.
e.      A bond of $10,000. for assurance that the proposed plantings are done properly.
9.      The Fire Marshal has also required a dry hydrant on the pond and is shown on the plans.
10.     There is no 100 year flood plain on this property.
11.     The property is adjacent to the Redland Brick clay mining operation property; Staff has suggested to the applicant that they add screening along the new rear property lines to provide screening from future mining operations.
12.     (note) - A representative house foot print is shown; if this application is approved at the time actual house plans are submitted, it’s especially critical for elements to remain as shown on this application and as approved by IWA/CC.
13.     (note) - The Applicant and any purchasers need to understand that any modification other than minor ones would need to return to this Commission for further approval.
14.     If the application is approved Planning Department requests that noted items be approval conditions.

Doolittle provided the following engineering report:

1.      The proposed driveway off of Strong Road requires a paved apron – 20’ long; this is to allow easier access and egress during inclement weather and alleviate deterioration of the road.
2.      A note shall be placed on the plan that the driveway off of Strong Road be used for future access to the other land that the Town Planner alluded to of the possibility of it becoming a building lot; in the future if it should be developed this driveway should be used as access to that property as well to eliminate a second driveway cut in close proximity.
3.      The driveway follows an existing drainage ditch into the subject parcel which runs along the southern border; the drainage ditch is very flat and drains on both sides of Strong Road; it is suggested that the elevations of the pipes where there are two crossings of the ditch; the final elevations can be adjusted in the field based on the actual elevations.
4.      The bottom of the drainage ditch shall be cleaned out with approval of the Conservation Officer, to allow it to flow better between the road and the pond.
5.       An ‘Operation of Maintenance Plan’ shall be placed on the final plans for maintenance and continued care of the drainage ditch so it continues to function.  The ditch drains to a fair amount of property located on the east side of Strong Road as well as the area of the proposed site.
6.      There shall be a flared end on the downstream end of both pipes crossing the driveway.  
7.      There’s a culvert near the subject pond which is located on the western side of the site.  It is proposed to be replaced with more information as needed to evaluate that.

Public input was requested.

Barry Miller, Redland Brick, spoke in favor of the application.  He requested the owner to inform buyers that a quarrying operation is being done on property to the north.

Ed Cunningham, Redland Brick, spoke in favor of the application.

John J. Sazinski, 574 Strong Road, had a concern centered on sight lines.

Discussion ensued among the Commission members with the following comments and concerns.  Replies will be in Italics.

·       Testing of existing wells.  City water services the existing home.
·       Water to new houses.  That is being discussed with the knowledge knowing that when a site is within 200’ it must be hooked up.
·       Buffering between lots.  There is ±250’ between the frontage lot and the interior lots being requested.
·       Buffering Redland Brick. Existing is a 50-75’ buffer (thick vegetation).  There is no conceivable impact that the applicant envisions.
·       Burden of a maintenance plan. Each property owner will have to maintain their part of the ditch; work out arrangements over the common driveway entrance; it’s important because the ditch drains not only from the street but also from properties across the street; it’s a vital drainage feature to this area of the Town and it’s important for it to be maintained.
·       Execution and/or administration of maintenance plan. It should be a condition of approval which will end up on the final plans; normal zoning procedure would be to check periodically to assure the maintenance and functioning.

Kennedy closed the public hearing at 8:05 p.m.

2.      Appl 06-60P, Aldi Distribution Center – request for site plan approval for a 500,000 sf distribution facility for property located at 295 Rye Street (northerly side of Rye Street, northeasterly of Commerce Way), I zone

Brian King, AMK Construction had the following comments:

o       A Kohler Power System brochure for fuel storage for the electrical generator and fire pump was distributed to the Commission.
o       The generator has an 875 gallon fuel tank (double walled) that sits below the generator and the fire pump has a 165 gallon (double walled) and sits above ground.
o       Data on the generator, showing a muffler, was distributed also.
o       Regarding schedule and duration of the Rye Street improvement, applicant is awaiting approval from the State Traffic Commission; schedule start date is June 1st with duration of 6 months.
o       During construction it is intended to use the jack and bore method for the deep culvert (will not cut through the road); there are times Rye Street will be closed down to one lane; it is anticipated at this time that Rye Street will not be closed.
o       It is desired by the applicant to give the option, to employees and emergency vehicles, to turn left out of the driveway; monitoring systems and Aldi will have a policy against any trucks turning left out of the facility.
o       Read into the record a letter from A M King, dated March 27, 2007.

Banach provided the following comments:

1.      IWA/CC approved this application on March 21st with no unusuall approval conditions and 3 bonds, e.g. $100,000. for the construction of storm water controls including the detention basin; $40,000 for a wetland mitigation planting; $60,000. for E & S control.
2.      In response to a comment regarding whether or not the Commission placed restrictions on the Nutmeg Recycling operation; there were no hours of operation restrictions; the only restriction placed on it was that their trucks are not allowed to use Troy Road.

Doolittle provided the following comments:

1.      There are no new comments regarding site work.
2.      Road improvements comments have been consolidated into one memo.
3.      Right of way and easements shall be shown clearly.
4.      Revised profile in the area where Rye Street meets Sullivan Avenue – requires to be altered to show that the road has at least 1% pitch and drains well.
5.      Test pits should be accomplished to know the existing road subbase and steps of utilities (in case of relocation) that will affect construction schedule and possible road closures.
6.      Bituminous curbing requires labeling.
7.      Existing grades in the area of the intersection of Sullivan Avenue shall be shown to allow seeing how the post grades will match up with existing grades – particularly by the gas station.
8.      Work needs to be done on the drainage analysis – does not meet the standards in terms of flow and water in the road – requires revision.
9.      Two existing culverts need to be replaced or removed.
10.     Additional CB’s are required to comply with drainage standards.
11.     More information is desired regarding the replacement of the 24” culvert – needs to be finalized including more details on the slopes of that culvert.
12.     The proposed slopes in the vicinity of the culvert will be 2-1; stripped of all materials because they are not stabled out; once stabled material is reached then they can be built back up with appropriate materials and topsoil, planted with grass to stabilize them; there is no reason to install bench in these slopes because there is no runoff on the slope (except for what falls on them).
13.     Current Town Standards have to be followed.
14.     A pavement design is required for Rye Street; according to the new State Standards the pavement designs are required for new roads, particularly commercial roads which have truck traffic as this does; pavement construction should conform to that design.
15.     Note that contact was made with Lt. Rich Bond, Traffic Services Unit, in regards to information about accidents, possible detours.  His indication was that accidents on Sullivan Avenue from Rye Street to Ayers Road were not abnormally high for this type of road in this area of Town.  The majority of accidents were due to right of way violations, i.e. people turning right into a driveway in front of oncoming traffic or people pulling out of a drive way when they didn’t have sufficient room to do so – relatively minor accidents.  Majority of those occurred between Twin Plaza and the car wash and the area by Geissler Colony Shops – many driveways and many cars making turns.
16.     A detour can be done but will not be easy – only done as a last resort because of the other roads in the area.

Kennedy requested input from the public.

Matt Galligan, Town Manager had the following comments:

ü       The proposal is under a 490 program over a 7-year period, $7700 in taxes generated if nothing is done.
ü       With the project it is estimated that sewer charges, building fees, trucks and land will amount to ±$1.9 million in taxes over the 7-year period.
ü       Abatement is a good idea because Aldi is paying the $3.5 million for roadway; reducing $3.5 million from the abatement Aldi is getting $4.2 million abatement which represents 54% abatement.
ü       DST, with no roadway, received 80% abatement.
ü       ST of CT is reviewing this proposal for funding ± $1.5 million; it is realized that this is tax payer’s money but it’s better to benefit South Windsor then other towns in Connecticut.
ü       Calculations show that if the Town took this project itself at $3.5 to do this road ($3.6 financing); over a 20 year period with principle interest at 4 1/2 %, that’s $3,200. a year the taxpayers would pay for the reconstruction of Rye Street; 20 year period would amount to $6 million dollars that will generate $2.3 million in interest costs alone.
ü       It is known that the road is an expensive proposition; however in the dealings for the abatement South Windsor will have a $4 million dollar advantage vs. Aldi’s $4.2 million.
ü       It should be noted that Aldi will also be spending $4.9 million in retail within the local economy, plus $2 million in payroll.
ü       It is the intent of South Windsor to keep the economy stable and growing.
ü       Indications show that Evergreen Walk generates ±$914,000. in taxes plus the land at ½ million.
ü       This project will generate in year 8 approximately $1.3 million a year for years to come.

Ken Greenman, 190 McGrath Road, spoke against this application.  His concerns centered on accuracy of noise readings, and traffic.

Joan Gardiner, 5 Abar Lane, spoke against this application.  Her concerns centered on truck traffic (existing 25-30 18 wheelers fully loaded with gravel) going from Rye Street to Windsorville Road to East Windsor – continuous process during the day.

Paul Rowley, 80 McGrath Road, spoke against this application.  His concerns centered on amount of trucks associated with the proposal,

Katherine McGrath Kelley, spoke against this application.

Nick Champ, McGrath Road, spoke against this application.

John Phillips, 200 McGrath Road, spoke against this application.  His concerns centered on noise levels, orientation of the building, submitted plans, ammonia in refrigeration system, outdoor storage, closing of Rye Street, brochures on generators not seen by the public, and lack of data and answering of questions.

Craig Jordan, 100 McGrath Road, spoke against this application.  His concerns centered on existing traffic, and impact on quality of life.

Michael Lines, 9 Dalene Drive, spoke against this application.  His concerns centered on traffic, lack of data, diesel engines, and noise

John Gardina, 5 Abar Lane, spoke against this application.  His concerns centered on the location of the proposal and truck traffic.

Harold Taylor spoke against this application.  His concerns centered on diesel engines and more data is needed before decisions are made.

Discussion ensued among the Commission members with the following comments and concerns:

·       Application being complete with off street improvements.  The off street improvements are not complete but they can be completed by June 1st.
·       Revisions being made.  The State Traffic Commission will look at improvement to Sullivan Avenue and the intersection with Rye Street, Rye Street is a local road thus the STC will not look at that – South Windsor is focusing on Rye Street.
·       Issues with air pollution. Not aware of Aldi being involved with any air issues of polluting.
·       Issues of noise. Noise does not include mobile sources of noise; they are exempt from noise ordinances.
·       Wall construction. Insulated wall panels are being used in 2 locations because it contains a cooler/freezer space, insulation needs to be provided, wall contains a metal skin and layer of insulation within of varying thickness; second reason those are areas are not being coated with a precast wall panel is that in a refrigerated facility a seal vapor barrier must be created; i.e. home refrigerators; if there is no vapor seal, condensation and/or ice will build up.
·       Possible expansion plan. No expansion.
·       Maximum number of trucks servicing the facility in one day. 50 trucks coming in and 50 trucks leaving servicing 70 stores.
·       Truck traffic through center of Town. Outbound will take a right onto Sullivan Avenue; trucks would turn left only to service stores in South Windsor.
·       Percentage of trucks carrying refrigeration units. 40%.
·       Reefer units. DEP monitors emissions, applicant will need a DEP permit for this facility.
·       Rotation of the building. If the building is turned 45º will not fit on the site.
·       Submittal of Aldi’s rules for drivers/suppliers.  Aldi’s receiving policy and procedures was read into the record. In the event a schedule delivery cannot be made it is the responsibility of the carrier to contact the Aldi receiving department to determine if a late arrival may be accepted or if the delivery needs to be rescheduled.  Receiving procedures - everyone must have an appointment.  All appointments must be made no later than two business days before delivery date by 2:00 p.m.  If a request is received late we may not be able to take you at your requested time.
·       Use of air horns. Receiving guidelines do not mention air horns; no use of air horns on the premises will be done.
·       # of items in warehouse. 1200 items packaged in 800 cases.
·       Snow removal. It is contracted out.
·       Accidents. Between Sullivan/Rye intersection and Ayers/Sullivan intersection accident rate was 124 accidents during a 3-year period; most accidents were in the vicinity of congested areas along Sullivan Avenue (35% of accidents);30-35% are following too close; traffic signal/stop sign violations 8% (not significant at the Sullivan/Rye intersection; speeding is a factor In 12-15% of accidents; very few conflicts vehicle vs. vehicle involving excessive speed; commercial vehicle involvement is less than expected (5%).
·       Traffic not obeying stop signs on Rye Street near the residential areas. That is traffic coming from the Charbonneau pit in East Windsor and it is a problem – no accidents.
·       Proximity of neighborhoods to other Aldi sights. There are currently 16 centers under operation; Indianapolis center has a neighborhood that abuts the facility; other facilities have residential in proximity.
·       It is desired that Aldi station a traffic person at the end of their driveway to direct traffic correctly and to avoid trucks going into the northerly neighborhood or using Troy Road.
·       Facilities being closed. That has not happened to this date.
·       Options for entrance drive.  This would have to be reviewed with the Town Engineer.

Kennedy closed the public hearing at 10:25 p.m.

Regular Meeting

Discussion/Decision/Action regarding the following:

Evans made a motion to extend the meeting past 10:00 pm.  Bazzano seconded the motion.  The motion carried and the vote was unanimous.

Public Participation:

New Business:

1.      Appl 07-10P, Poulin Resubdivision/Interior Lots – request for a subdivision and special exception to article 4.6 to create two interior lots on 9.3 acres for property located on the northerly side of Strong Road and westerly of West Road, RR zone

Evans made a motion to approve Appl 07-10P with the following modifications:

This approval is for 2 lots, numbered 1 and 2.

Drainage and construction for this subdivision is subject to the approval of the Town Engineer.
All lots shall be serviced by the septic systems. Septic system final design(s) must be submitted to and approved by the Environmental Health Officer prior to issuance of building permits.
Water shall be supplied to this subdivision by wells.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of $10,000.
Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer.
If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
Quantity estimates must be submitted to the Town Engineer (on the enclosed form) for the purpose of determining subdivision bonding. All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk’s office.
If the developer chooses to submit a Letter of Credit for a one year term, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option, call the Letter it is holding.

A drainage assessment fee in the amount of $ 100.00 shall be submitted to this Commission.
No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office.
All bonds must be in one of the forms described in the enclosed Bond Policy.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
The house number must be included on the final plan.
A note must be added to the plans prohibiting vehicular access from Tomel Road to both new interior lots.
The remaining “Conaci” parcel must be labeled “Not a building lot.”
The approved location of the house, garage and driveway are an integral part of this special exception. If modifications are proposed subsequent to this approval, neither the driveway nor the structures will be allowed to encroach any closer to the north property boundary.
Engineering comments dated 3/23/07 must be addressed to the satisfaction of the Town Engineer.
An operation and maintenance plan must be submitted for the drainage ditch through this property to ensure that it functions properly.

Bazzano seconded the motion.  The motion carried and the vote was unanimous.

2.      Appl 06-60P, Aldi Distribution Center – request for site plan approval for a 500,000 sf distribution facility for property located at 295 Rye Street (northerly side of Rye Street, northeasterly of Commerce Way), I zone

Bazzano made a motion to approve Appl 06-60P with the following modifications:

Prior to commencement of any site work, a meeting must be held with Town Staff.
No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including bonds in the amount of $100,000 for construction of stormwater controls including the detention basin, $40,000 for wetland and mitigation plantings, and $60,000 for erosion and sedimentation control.
A landscape bond in the amount of $50,000 is required and must be submitted prior to filing of mylars.
All bonds must be in one of the forms described in the enclosed Bond Policy.
An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations.
All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
No building permits will be issued until the State Traffic Commission certificate has been issued (per CGS §14-311).
The building street number must be included on the final plan.
Pavement markings must be maintained in good condition throughout the site drives and parking areas.
All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
The supplemental evergreen plantings along the northern boundary line, as shown on sheet L3, dated 3/12/07 and submitted at the public hearing on 2/27/07, must be incorporated into the final landscaping plan.
The Town Engineer’s review comments dated March 20, 2007, and March 27, 2007, must be addressed to the Town Engineer’s satisfaction.
Tractor-trailer trucks are not allowed to turn left from the site onto Rye Street. A pork chop island must be installed at the exit to channel tractor-trailer trucks to the right, with a narrow passenger vehicle lane that allows passenger vehicles to turn left. Both the entrance median island and the pork chop island must be raised. The radius on the east side of the driveway entrance at Rye Street must be reduced to 50 feet. Signage must be installed to prohibit left turns by trucks. The final driveway design is subject to the Town Engineer’s approval.
All notes referring to construction “by others” must be removed from the off-site street improvement plans. All road construction plans and specifications must be designed and constructed in accordance with the Public Improvement Specifications of the Town of South Windsor and are subject to the approval of the Town Engineer and the Director of Public Works. The Director of Public Works shall make the final decision on any road design issues, and his decision shall be binding.
Rye Street must remain open to at least one lane of traffic, alternating directions, during road reconstruction.
A waiver is hereby granted to allow 30-foot and 35-foot light poles as shown on the approved site plan. Outside lighting must be dimmed after 9:00 p.m. within the employee parking area and driveway.
A waiver of 287 parking spaces is hereby granted to allow 151 parking spaces.
The water tower is limited to maximum twenty (20) feet height.
No air horns shall be used on the site.

Evans seconded the motion.  The motion carried and the vote was unanimous.

Applications To Be Officially Received

1.      Appl 07-15P, K.F. Properties LLC, request for renewal of a two-year temporary and conditional permit for the Kebalo Electric Company office located at 175 Wheeler Road, A-20 zone

Adjournment

Bazzano made a motion to adjourn the meeting at 11:55 p.m.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.


___5/8/07________________       Respectfully submitted,
Date Approved

        Phyllis M. Mann
        Recording Secretary