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PZC Minutes 01-28-14
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Billy Carroll, Mario Marrero, Kevin Foley, Frank Bonzani
ALTERNATES PRESENT: Stephanie Dexter, Cody Guarnieri
STAFF PRESENT: Jeffrey Folger, Senior Environmental Planner; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:

  • Appl. 14-07P, South Windsor Stone & Landscaping Supply, LLC – request to the expand the special exception granted to Article 4, Table 4.1.1A for a landscape material sales and storage business located at 287 Strong Road to include the property at 275 Strong Road, and site plan modification for the combined properties, I zone
PUBLIC HEARING / COUNCIL CHAMBERS

CALL TO ORDER:  Chairman Bart Pacekonis called the Public Hearing to order at 7:30 p.m.

Secretary Commissioner Wilson read the legal notice into the record as it was published in the Journal Inquirer on Thursday, January 16 and Thursday, January 23, 2014.

Chairman Pacekonis seated Alternate Commissioner Dexter for Commissioner Kuehnel and welcomed newly elected Alternate Commissioner Cody Guarnieri to the Commission.

  • Appl. 14-01P, Redland Brick, Inc. KF Plant – request for a special exception to Article 7.16.4 for an earth removal permit and site plan, on property located at 1440 John Fitch Boulevard, I & RR zones
Attorney Susan Hayes of Updike, Kelly & Spellacy, P.C., representing Redland Brick Inc., reviewed material from the prior public hearing held on 10/22/13 for their prior application which had then been withdrawn.

Mr. Tom Battles, P.E. from HRP Associates, Inc. reviewed a site plan to give updates on the topography of the site as to what had been removed and what had been replaced. He stated four of the five phases have been worked on.

Mr. Ed Cunningham, plant manager at the Redland Brick KF Plant Quarry which has been manufacturing brick for close to 100 years, the last 20 of which as a dry mining operation. He described the May to October operation which once under way is a 24/7 production employing 35 to 50 people manufacturing up to 50 million brick a year. Production is weather dependent because the clay cannot be mined when it is wet.

Mr. Cunningham did a noise level study at the quarry and the report was submitted to the Commission in their packets. He was trained upon and had used a disseminator to measure the level of noise at their property line and stated the results were well within the levels allowed by the State.

Mr. Dan Kinard, P.E. from GZA GeoEnvironmental, Inc., was retained by Redland Brick to monitor vibration levels during simulated mining operations at the plant. He stated vibration levels were measured at the property boundary between the mining operation and the nearest structure and observed the bulldozer and loaded hauling truck and saw very small levels of vibration. Vibration levels at the property boundary, 50 to 150 feet from the mining operation, were 6 to 25 times lower than levels which would cause damage to any structure. The nearest structure is another 150 to 200 feet from the property boundary and stated at those distances the vibrations would be slightly perceptible to imperceptible and would not cause structural damage.

Senior Environment Planner, Jeffery Folger, gave staff comments on behalf of Town Planner, Michele Lipe:

  • Request for a five year Special Exception permit to Section 7.16 for an earth removal permit and site plan approval to extract clay on Redland Brick property at 1440 John Fitch Blvd, Industrial and RR zones.
  • This application was recently in front of the PZC for renewal; however it was determined by the Town Attorney that it had to come back in as a new application since the permit period had expired before the renewal request had been submitted.
  • The applicant has had two-year permit renewals since 2000; in 2007 the PZC changed the regulations to allow for a five year permit period.
  • The site is currently accessed from Route 5 and will continue to be accessed from Route 5.  The plans show that the applicant continues to work it the same area that was permitted five years ago.  The plan reflects the existing grades as well as proposed grades over the next five years.
  • Based on concerns raised during the last hearing, the applicant did address several concerns raised. They identified specific hours of operations (listed in approval conditions).  The applicant also represented they have a water truck on site to deal with any dust concerns as they arise and will respond immediately. They also provided a noise study demonstrating compliance with the town' s noise ordinance. These could be considered for conditions under the special exception approval.
  • The zoning regulations allow removal of earth materials, including clay, as a Special Exception, in conformance to certain criteria, including:
  • The plan shall provide for proper drainage of the area of the operation after completion; and no bank shall exceed a slope of 1 foot of vertical rise in 2 feet of horizontal distance.
  • At the conclusion of the operation, or of any substantial portion thereof, the whole area where removal takes place shall be covered with not less than 4 inches of topsoil, and seeded with suitable cover crop.
  • Except in an industrial district, no stone crusher or other machinery not required for actual removal of the material shall be used.
  • In passing on such applications, the Commission shall consider the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed.  In the case of removal of quarry stone, and mining operations, the Commission may modify the foregoing requirements where such operations will not endanger public health and safety or be detrimental to the neighboring properties.
  • Such permits shall be issued for a period not exceeding 5 years beyond the date of Commission approval.
  • Extension of time or modification of the scope of work originally approved may be granted by the Commission.  
  • The applicant shall post a bond with the Town Treasurer in an amount approved by the Commission after consultation with the Town Engineer as sufficient to guarantee conformity with the provisions of the permit issued hereunder.
  • The applicant has provided a reclamation plan. Staff recommends a restoration bond in the amount of $30,000 shall be submitted to this Commission.  Prior to the start of the restoration, a report shall be submitted to the Environmental Planner and Town Engineer to determine the appropriate seed mix that is comparable to the hydrology on the site.
  • The town engineer, Jeff Doolittle, has asked that a detailed restoration plan be submitted for staff approval before the final restoration is completed.
  • There are regulated wetlands on the site and the applicant has an active wetlands approval. The IWA/CC approved the application on October 5, 2011.
  • If this application is approved, Planning Dept. has no further recommendations to request.
No one from the public spoke in favor or opposition.

Commissioner Marrero asked Mr. Cunningham to clarify his noise level report.

Commissioner Foley asked Mr. Cunningham about his statement that they only needed 8 days last year for harvest. Mr. Cunningham stated with the slower economy last year and this year they expect their peak production to be 20 million bricks and unlikely in the future to get back up to their 50 million limits when their hauling was up to 20 days.

Commissioner Carroll asked about hours of operation. Mr. Cunningham stated generally during mining season they will run the mine from 7 a.m. to 4 p.m. and on exceptional days may go until 6 p.m. On the weekends, if weather necessary, they will work but they try to keep that to a bare minimum. Attorney Hayes stated on Sundays they will adhere to the day time hours stipulated in the noise ordinance 9 a.m. to 6 p.m. or 7 p.m. or 8 p.m.; later in the earlier part of the summer and earlier in the later part of the summer as it gets darker earlier.

Chairman Pacekonis asked when the water truck was purchased. Mr. Cunningham stated it was purchased in 2013 and for the prior five years they had rented a truck.

The pubic hearing closed at 7:58 p.m.

  • Appl. 14-06P, Mitchell Excavation Permit - request for a special exception to Article 7.16.4 for an earth removal permit and site plan, on property located at 1488 Sullivan Avenue, RR zone
Mr. David Mitchell, appearing on behalf of the applicant, his parents, John, Sr. and Della Mitchell, presented their request stating they have owned and operated the Mitchell Fuel Company in South Windsor for 57 years. He described their prior excavation work and development of housing on Sullivan Avenue and their work with the Dzen family in the excavation of gravel on Barber Hill Road where the Mannarino brothers have been constructing residences. Mr. Mitchell, Sr. was one of the principle owners working in the design and development of the Plum Ridge Condominium Complex. They now look forward to working with the Town to create a gateway to the center of South Windsor beginning with this application.

Mr. Robert Arsenault, P.E. for the project showed the site plan of the 19.6 acres ‘Hills Property’. He described the proposal to mine gravel in a confined area at the corner of Sullivan Avenue and Ellington Road to create an area conducive for future development. He estimated approximately 20,000 cubic yards of material to be removed to create a 3 to 1 slope which will insure there are no issues with stabilization or erosion. The only access to the property will be through the existing driveway on Sullivan Avenue with none on Ellington Road. All work proposed is south of the CLP easement. There will be no work to cause any concern to Plum Gully Brook. The natural high ridge line will act as a barrier berm protecting the brook from any erosion problems. At this time in the area of excavation they will uniform the grade and restore the area to be ready for future development. There are no plans for any specific development and are waiting to see what the Town’s plans are for the area and to collaborate with that use. The excavation process will be market driven and will have an absolute peak excavation time estimated to be up to 30 to 40 trips a day. The hours of operation would be Monday through Saturday, 7 a.m. to 4:30 p.m., with no Sunday activity. They received approval from IWA/CC on 1/15/14.

Senior Environment Planner, Jeffery Folger, gave staff comments on behalf of the Town Planner:

  • Request for a five year Special Exception permit to Section 7.16 for an earth removal permit and site plan approval to extract gravel on property at 1448 Sullivan Avenue, RR zones.
  • The site is currently accessed from Sullivan Avenue. The plans show that the applicant intends to work in the front portion of the site with no work at all proposed near the Plum Gulley brook or the steep slopes to the west.  The plan reflects the existing grades as well as proposed grades when the operation is completed.
  • The zoning regulations allow removal of earth materials, including clay, as a Special Exception, in conformance to certain criteria, including:
  • The plan shall provide for proper drainage of the area of the operation after completion; and no bank shall exceed a slope of 1 foot of vertical rise in 2 feet of horizontal distance.
  • At the conclusion of the operation, or of any substantial portion thereof, the whole area where removal takes place shall be covered with not less than 4 inches of topsoil, and seeded with suitable cover crop.
  • Except in an industrial district, no stone crusher or other machinery not required for actual removal of the material shall be used.
  • In passing on such applications, the Commission shall consider the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed.  In the case of removal of quarry stone, and mining operations, the Commission may modify the foregoing requirements where such operations will not endanger public health and safety or be detrimental to the neighboring properties.
  • Such permits shall be issued for a period not exceeding 5 years beyond the date of Commission approval.
  • Extension of time or modification of the scope of work originally approved may be granted by the Commission.  
  • The applicant shall post a bond in an amount approved by the Commission after consultation with the Town Engineer as sufficient to guarantee conformity with the provisions of the permit issued hereunder.
  • The proposed hours of operation are: Monday through Saturday from 7:00 a.m. – 4:30 p.m. with no work on Sundays.  The applicant anticipates at its peak operation there will be 30-40 trucks a day. Is there a timeframe for completion of the project?  The PZC can grant approval for up to 5 years.
  • The applicant has provided a narrative on the plans for restoration of the disturbed areas in compliance with the requirements.
  • The applicant has shown gravel storage piles approx. 100 feet from Sullivan Avenue.  From an aesthetic point of view, the PZC requires screening to provide a visual buffer of the vehicle storage area and the material stockpiles.
  • There are no regulated wetlands on the site; however the applicant did receive conservation approval on January 5, 2014 with the recommendation of a bond in the amount of $10,000.
  • The PZC should note that although this property is currently residentially zoned, it is included in the town center area that is currently being studied by the Commission for possible zoning changes.  Any future commercial use of this property would require further action by this Commission.
  • If this application is approved, the Planning Department has no further recommendations to request. All engineering comments have been addressed.
Ms Sue Burnham, president of the Plum Ridge Condominium Association, spoke with concern about the proximity to their condominium complex, hours of operation and the potential of noise and dust while the gravel is extracted, as well as the possible disruption to Plum Gully Brook which could result in flooding to their cellars. Ms Burnham looked at the site plans with the Commissioners and saw the distance of the proposed work was a good distance from the brook and condominiums.

Ms Ann DeMallie, resident of Petersen Way, spoke with concern about the five year time period given the amount of gravel estimated and asked if it could be reduced to one year. She stated the proposed piles of dirt and gravel in the front will not be good to see at the corner of two prominent streets. She asked to adjust the hours of operation to 8 to 4 with no work on Saturdays and for the egress of large trucks onto Sullivan Avenue to be a right turn in or out and asked about the origin of the trucks.

Commissioner Dexter asked if there was a plan to cut down the grouping of mature trees at the corner of the excavation area. Mr. Arsenault stated they would be removed including their stumps under the preview of the town. The Commission asked whether there would be consideration in future development to leave mature trees. Mr. Arsenault stated any future development would include landscaping and buffers. The area leased for corn farming is on CLP property and will not be disturbed.

Commissioner Bonzani brought up safety concerns with the amount of trucks entering and exiting heavily traveled Sullivan Avenue and whether a police presence will be required. Mr. Arsenault stated it is a signalized intersection.

Commissioner Carroll asked if they can change Saturday hours of operation in consideration for the neighborhood. Mr. Arsenault suggested 8 a.m. to 4:30 p.m. The Commissioner suggested a right turn in - right turn out for the Sullivan Avenue access. Mr. Arsenault did not believe it would be warranted because of the traffic signal and that the amount of trucks accessing the site will be much less than the absolute peak estimate of 30 to 40 trucks a day that he was required to give. There will be many days with no trucks; the amount of trucks will be market driven.

Commissioner Foley suggested getting input from the police department. Jeff Folger stated a request can be made for traffic officer comments concerning the anticipated peak activity and proximity of the access drive to the intersection. Mr. Arsenault stated normally traffic concerns are addressed at preconstruction meetings where a schedule is worked out if a large volume of trucks would require an officer on site to direct traffic. Commissioner Foley asked if a pit will be created on the site as a result of the 5 year permit for excavation and stated the work proposed could be done in 8 ½ weeks on a 5 day a week schedule. Mr. Arsenault stated it is typical to request a 5 year permit. Areas will be restored or temporarily seeded during the time period and will not be left open as a pit. They will work from the eastern end toward the western end at the street.

Commissioner Marrero suggested temporary signs warning of trucks entering and exiting the site and asked if the driveway was being modified so that an application for an encroachment permit had been made. Mr. Arsenault stated it was applied for because Sullivan Avenue is a state road.

Alternant Commissioner Guarnieri asked how large the temporary top soil stockpiles will get before the material is re-graded and Mr. Arsenault replied the volume would be assessed as they go as to be re-graded or taken off site.

Chairman Pacekonis asked about the start date. Mr. Arsenault stated late winter/early spring, dependant on all permits secured from town and state. The Chairman asked about the market driven aspect of the five year permit. Mr. Arsenault stated they do not know who or where they will be delivering the gravel at the present. The Chairman stated a traffic study would be inconclusive at this time since it will not be known which direction trucks will be traveling.

Then Mr. Arsenault showed the proximity of the excavation area to Plum Gully Brook and elevations. When a development plan is proposed new re-grading and the installation of drainage systems will be required. No blasting will occur. Gravel material that has been ordered will be stored in temporary piles and dirt will be stored in working piles which will be seeded and appear as berms.

The Chairman stated the public will appreciate an 8:00 a.m. start time. Mr. Arsenault stated a 7 a.m. start time is normal.

Mr. Folger suggested the site being divided into 3 phases so when a third of the site is completed and down to finish grade it can be restored. Working from east to west reseeding the area as work is done to avoid having open areas. Mr. Arsenault agreed.

Commissioner Foley questioned the appearance of the stock piles at Sullivan Avenue which would be protected by silt fencing which will wear down over time. He suggested moving the working stock piles and loading zone further to the east. Mr. Arsenault stated the location is for ease of truck traffic and to minimally disturb the site. The area will not house large stock piles of dirt for long periods of time.

The pubic hearing closed at 8:55 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER:  Chairman Bart Pacekonis called the Regular Meeting to order at 9:02 p.m.

NEW BUSINESS: Discussion/Decision/Action regarding the following:

THE FOLLOWING ARE MOTIONS MADE DURING THE SPECIAL MEETING OF THE PLANNING & ZONING COMMISSION HELD IN THE MADDEN ROOM

  • Annual Meeting
  • Election of Vice Chairman continued from 1/14/14
Chairman Pacekonis opened the floor for nominations for Vice Chairman.
Commissioner Foley nominated Commissioner Carroll for Vice Chairman.
Commissioner Marrero nominated Commissioner Kuehnel for Vice Chairman.
Chairman Pacekonis closed the nominations.
Commissioners Carroll, Wilson and Foley voted in favor of Commissioner Carroll for Vice Chairman.
Commissioners Marrero, Bonzani and Pacekonis voted in favor of Commissioner Kuehnel for Vice Chairman.
Tie vote for Vice Chairman. Voting moved to the next regular meeting.


  • Appl. 14-01P, Redland Brick, Inc. KF Plant – request for a special exception to article 7.16.4 for an earth removal permit and site plan, on property located at 1440 John Fitch Boulevard, I & RR zones
Commissioner Dexter made a motion to approve with the following modifications:

  • Prior to commencement of any site work, a meeting must be held with Town Staff.
  • This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission.
  • All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
  • This permit is valid for a period of five years. The permit expiration date is January 28, 2019. The permit must be renewed prior to expiration if earth removal operations are to continue.
  • The Town Engineer’s review comments dated January 24, 2014, must be addressed to the Town Engineer’s satisfaction.
  • A restoration bond in the amount of $30,000 shall be submitted to this Commission.  Prior to the start of the restoration, a report shall be submitted to the Environmental Planner and Town Engineer to determine the appropriate seed mix that is comparable to the hydrology on the site.
  • The owner must provide to town staff and keep current all direct contact information for the general manager of the facility including phone and email.
  • Monitoring of dust created by activities on site must occur on a daily basis and efforts to mitigate dust must be employed. A water truck must be kept on site and used as needed and shall be recorded and logged.  All logs shall be available for inspection within 24 hours of any request of the Zoning Enforcement Officer.  
  • The hours of operation are limited to: hours of operation defined as daytime hours in the Noise Ordinance Monday through Saturday 7 a.m. – 8 p.m. and Sunday 9 a.m. – 8 p.m.
  • In the event that weather dictates that hauling is going to occur on Sunday, if requested by the abutting property owners, the applicant must notify the immediate neighbors to the south of the property to provide them with as much advance notice as possible.
  • All activities must comply with the Town’s Noise Ordinance.  In the event that town staff receives noise complaints, town staff may require the applicant to provide sound readings, conducted by a third party, to demonstrate compliance with the town noise ordinance.  If the applicant is in violation of the noise ordinance, the applicant will be in violation of this permit and the town may take any steps it deems necessary to abate the violation and noise nuisance.  If noise complaints continue even though the applicant may be in compliance with the town noise ordinance, the applicant may be required, as a condition of this permit, to mitigate objectionable noise levels (e.g. reduce hours).  
Commissioner Marrero seconded the motion.
The motion carried and the vote was unanimous.

  • Appl. 14-06P, Mitchell Excavation Permit - request for a special exception to article 7.16.4 for an earth removal permit and site plan, on property located at 1488 Sullivan Avenue, RR zone  
Commissioner Wilson suggested modifying Saturdays hours to an 8 a.m. start time and made a motion to approve with the following modifications:

  • Prior to commencement of any site work, a meeting must be held with Town Staff.
  • This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission and a bond in the amount of $10,000.
  • All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
  • This permit is valid for a period of five years. The permit expiration date is January 28, 2019. The permit must be renewed prior to expiration if earth removal operations are to continue.
  • Monitoring of dust created by activities on site must occur on a daily basis and efforts to mitigate dust must be employed.
  • The hours of operation are limited to: hours of operation defined as daytime hours in the Noise Ordinance Monday through Friday 7 a.m. – 4:30 p.m. with Saturday hours 8 a.m. – 4:30 p.m. and no work on Sunday.
  • All activities must comply with the Town’s Noise Ordinance.  In the event that town staff receives noise complaints, town staff may require the applicant to provide sound readings, conducted by a third party, to demonstrate compliance with the town noise ordinance.  If the applicant is in violation of the noise ordinance, the applicant will be in violation of this permit and the town may take any steps it deems necessary to abate the violation and noise nuisance.  If noise complaints continue even though the applicant may be in compliance with the town noise ordinance, the applicant may be required, as a condition of this permit, to mitigate objectionable noise levels (e.g. reduce hours).  
  • A landscape plan must be submitted to address the visual impact of the gravel piles and any outdoor storage on site with a bond in the amount of $5,000 to erect and maintain.
  • A truck entering exiting sign must be posted at the Sullivan Avenue entrance.
  • Restoration requires borrow pit to be divided into 3 phases with vegetative restoration as each phase is completed with a bond in the amount of $20,000 to establish and maintain.
  • Any additional use of the property shall require future approval from this Commission.
Commissioner Foley seconded the motion.
The motion carried and the vote was unanimous.

BONDS: Callings/Reductions/Settings

MINUTES:  1/14/14 adopted with corrections by consensus.

OLD BUSINESS:   

OTHER BUSINESS:  

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the meeting at 9:26 p.m. was made by Commissioner Wilson
Seconded by Commissioner Marrero
The motion carried and the vote was unanimous.


Respectfully Submitted,
Lauren L Zarambo
Recording Secretary