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PZC Minutes 02-11-14
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Billy Carroll, Mario Marrero, Frank Bonzani
ALTERNATES PRESENT: Cody Guarnieri
STAFF PRESENT: Michele Lipe, Town Planner; Jeff Doolittle, Town Engineer; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:
  • Appl. 14-08P, Vigurs Major Home Occupation dba Your Hair – request for renewal of a 5-year major home occupation for a hair salon at 643 Pleasant Valley Road, A-20 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 Friday, January 31, and Thursday, February 6, 2014 (revised).

Chairman Pacekonis seated Alternate Commissioner Guarnieri for Commissioner Kuehnel.

Commissioner Foley, by means of memorandum, disqualified himself from participation in matters concerning Appl. 14-07P, South Windsor Stone & Landscaping Supply, LLC.

  • Appl. 14-07P, South Windsor Stone & Landscaping Supply, LLC – request to 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
Mr. Peter DeMallie, Design Professionals Inc. representing Art and Cindy Silvestri of South Windsor Stone & Landscaping Supply, LLC, recounted the previous approval granted in 2009. The business has been operating since 2010. The current application is to modify the special exception and site plan approval by including 275 Strong Road to be combined with 287 Strong Road to total 2.29 acres. On site there is a 3,000 sq. ft. building which was erected in 2010 and a 1,000 sq. ft. hoop house erected in 2013. The two additional buildings of 275 Strong Road, a single family home and a garage are in residential use for family members and will remain residential.  The original intention of the approval granted in 2009 was to use the CLP driveway for truck access to the rear yard. A reciprocal easement agreement with CLP to use their driveway was never agreed upon. As a result, access to the property from the CLP access on the easterly side of the property has been removed from the plan and has been replaced by an arborvitae hedge row.  

A revised narrative was submitted to include the sales and processing of landscape material along with the sale of nursery stock. Sales are primarily for business to business with 70% of their sales for top soil sold to contractors. The Silvestri’s have been top bidder for the last 10 years to buy the entire town stock of leaves for leaf mulch. In the 1980’s East Hartford Sand & Gravel provided mason sand, a business which has shrunk over the years, and has been replaced by top soil sales.

The plan shows 34 bins to the rear of the site for storage of top soil, crushed brick aggregate, stone and tailings (clean fill material). The Silvestri’s acquired a low profile topsoil screener which meets state and local requirements for sound. A sound testing report was submitted to the Commission which met all State and Town standards. The testing was witnessed by the Town Zoning Enforcement Official and in part by the Town Planner.

Nightly parking of equipment, consisting of tri-axles, bobcat and payloader, will be done to the rear of the site abutting the CLP yard.

A third driveway curb cut out to Strong Road on the westerly side of the property is shown on the plan for a two way 12 foot gravel driveway with a paved apron at the northerly end. The driveway is proposed to provide entrance and exiting for the majority of the business’ truck traffic moving the truck traffic to the west away from existing residential properties.

Modified hours of operation are proposed. April 1st through Labor Day, Monday through Saturday, 7:00 a.m. to 5:30 p.m. Labor Day through March Saturday hours would be reduced to 7:00 a.m. to 2:30 p.m. Operations on Sundays would be 10:00 a.m. to 2 p.m. for sales only with no material processing. The highest volume of business is in May through June.

They have updated the site plan. Some bins facing Strong Road in the northeast corner have been removed and the area has been restored. An area in the front has been restored and landscaped. Three bins facing Strong Road on the north side of the hoop house have been reduced to two and have been turned 90 degrees so not to face Strong Road with arborvitae installed for screening. The driveway which served the residential garage to the railroad property has been removed and restored. An irrigation system was installed last year as a dust control system so no dust emits from the site. The landscape island in parking lot has been completed. The areas of the bins are now included in the calculations for impervious coverage. A 6’ vinyl fence has been added and partially installed from the garage to the southwest corner of the house. The fencing has not yet been completed from the northeast corner toward the existing fencing near the main commercial building. Additional fencing recommended by the Town Planner can also be installed.

An additional report on observed traffic counts on Strong Road observed by the Town Zoning Enforcement Officer has been submitted. The average in peak months is 10 to 11 trucks per day with a maximum of 20 trucks daily. An equipment list is included in the narrative.

Mr. Andrew Krar, P.E. with Design Professionals Inc, prepared the site plans, sound report and traffic statement for the application. He performed the sound measurements to confirm whether the site operations were in conformance with the Town’s noise pollution control ordinance particularly the screener. The town ordinance restricts decimal levels to 61 decimals. He conducted the test on Friday a.m. on 9/20/13 in ideal conditions with Zoning Enforcement Officer, Pam Oliva, in attendance for all the measurements and with the Town Planner on site for some of the testing. The tests were taken from three locations close to residential properties. A combined test with the screener running with trucks going in and out showed decimal levels of 54.9, 57 and 52.3. The impulse (banging) noise levels allowed in the town ordinance cannot exceed 100 decimals and they were recorded on site at no more than 66 decimals.

Mr. Krar stated the intersection site differences for the new proposed driveway fall well within the suggested limits of the CT Department of Transportation and described the surrounding terrain.

Mr. DeMallie stated the area for the mobile screener is in the southwest corner of the original property behind the commercial building and the area for maneuvering vehicles has been expanded.

Mr. DeMallie summarized their request to modify the 2009 special exception/site plan approval by eliminating the CLP driveway easement and replace it with a new driveway on the Route 5 westerly side of the property for the majority of the business’ truck traffic and to approve the combined site with layout of the yard, bins, landscaping, and gravel areas. Approval is also sought for the operation of industrial processing of earth materials on site. They also are seeking an increase in hours of operation on Saturdays until 5:30 p.m. and on Sundays from 10:00 a.m. to 2:00 p.m. with no screening activities on Sundays. There will be reduced hours of business from Labor to March on weekends.

Town Planner, Michele Lipe, gave staff comments:

  • This is a request for modification to the special exception and site plan approval for a landscaping supply center, at 287 Strong Road to include the property at 275 Strong Road, I zone.  The two properties total is 2.3 acres.
  • The original approval granted in 2009 was for a special exception to table 4.1.1A is for landscape materials sales and storage for his business, South Windsor Stone and Landscaping which included a showroom, office area as well as storage units. The zoning officer received complaints in May of 2013 about truck traffic and other activities taking place on site and our office started zoning enforcement for non-compliance with the original approval granted.
  • Some of the issues to be resolved included:   Closing off access to the existing ROW owned by CL&P located on the easterly border for access because the owner never executed an agreement with CLP for use of the ROW; permitting of changes made on site, particularly the temporary structure that was added and the rearrangement and addition of landscape bins; and completion of required landscaping islands. In addition, the nature of activities on site had expanded to include a screening operation and traffic associated with this operation.  
  • The applicant filed an application to amend his original approval last fall; however it was withdrawn withdrew before any action was taken.  Over the past several months the applicant has made efforts to bring the site back into conformity with the original approval. Changes made include on site included: adding the required landscape island; removing and replanting an area in the front were bins had been placed; adding the require arborvitaes to screen the bins up front;  closing of the rear access drive by adding plantings, and addition a of a irrigation system to control dust.
  • With this proposal, the applicant is proposing to combine the two properties he owns and expand his business on to 275 Strong Road and is requesting to expand the original special exception approval to allow for a top soil screening operation, a new 12 foot wide access drive on the far westerly end of the property for trucks, and associated screening of activities.
  • The Special Exception criteria include:
  • The goals and objectives of the Plan of Development are met;
  • Adverse traffic impacts are not created;
  • Negative impacts on property values are not created;
  • The land is physically suited for the proposed use;
  • Adverse environmental impacts are not created;
  • There is a balance between neighborhood acceptance and community needs;
  • Present and proposed utilities, streets, drainage system, and other improvements have adequate capacity to accommodate the proposed use
  • Historic factors are adequately protected; and
  • The overall physical appearance of the proposed development is compatible with surrounding development and the Commission’s goals for the neighborhood/corridor.
  • The Commission may impose additional conditions in accordance with these regulations in order to ensure that all applicable criteria enumerated above and/or within a particular use category are satisfied.
  • The applicant is proposing expanded hours of operation to be Monday - Friday 7:00 am to 5:30 pm and Saturdays from 7:00 am to 5:30 pm (April 1 through Labor Day) otherwise until 2:30 pm; and Sunday 10 am – 2 pm (no screening of materials).  The changes from the previous approval include the additional of Sunday hours and later hours on Saturday.
  • The designated area for top soil screening is shown between the existing building and the house.  How high of a pile is anticipated and will the fencing shown adequately screen the activities in the rear of the site?
  • The original site plan showed 18 bins; the bins in the front were to be a maximum of 4 feet and the bins in the rear were to be a maximum of 6 feet  The new site plan shows in excess of 34 bins. Are the bins still proposed to be 4 and 6 feet in height? Several of these bins do not appear to meet the screening requirement in the regulations which states, “Except plant materials, outdoor storage/sales area shall not be visible from a public street”.  This screening may need to be reevaluated once spring comes and additional screening may be necessary.    
  • The original traffic study in 2009 indicated approximately 85 total vehicle trips on a week day with 6 vehicles in the am and 11 vehicles in the pm peaks.  They anticipated 1-2 trucks per hour over the course of the day. Based on the traffic information submitted by the applicant, during the busiest time over the past two years, the average number of large trucks on a daily basis was 11.  The numbers also support the applicant’s narrative which indicates that April – June are the busiest months for truck traffic to and from the site.  
  • Maximum impervious coverage allowed is 65% allowed; 64% shown. Parking requirement (retail, office) is 10 spaces; 10 spaces are shown. There are no additional parking requirements.
  • If this application is approved, the planning department has the following suggested approval condition to request:
  • The properties at 287 and 275 Strong Road must be combined by deed to be filed in the office of the town clerk.   
  • Once the house is no longer used for residential purposes, the residential drive will have to be removed.
  • If this application is approved, Planning Dept. has no further recommendations to request.
Town Engineer, Jeffrey Doolittle, gave staff comments:

  • This site plan needs to clearly show the traffic patterns on site, especially around the area where the screener and the soil stockpiles are shown.  The plan shows a new 12 foot wide gravel access drive on the western portion of the site to be two way, but there is also a “Do Not Enter” sign shown by the entrance to this driveway from Strong Road.  Clarify traffic patterns in this driveway, how many vehicles and what size/type vehicle will use this driveway and post it accordingly.  
  • The proposed gravel drive on the west side of the property should have a 30 foot long bituminous apron.  
  • The combined property of 287 and 275 now will have 3 driveways because of the different uses but this would not normally be permitted for this property.  One driveway will have to be removed at such time as the residential use of the house changes or the use of the proposed western driveway is no longer necessary.  
  • The mobile screener and temporary soil stockpile appear to be in the drainage swale that carries surface drainage from the west side of the landscape center building to the water quality basin.  What measures will be taken to insure the surface water will flow to the water quality basin without soil and silt?  For example, the swale could be protected with stone in this area.  
  • The erosion control measures around the water quality basin will have to be maintained in good condition to protect this water quality basin from sediment, debris and other impacts from the operations occurring around it.  
  • The Storm drainage memorandum proposes a new 6 inch outlet orifice be installed in the outlet structure for the water quality basin, however the existing basin and outlet structure are reported to have been working well since they were built.  Therefore, I do not recommend the outlet structure be modified at this time.   The outlet structure may be modified in the future if necessary and the applicant should notify the Town at that time.  
  • On Sheet 1, it says “See Note 6” by the well for the house, but where is Note 6?
No one from the public spoke in favor of the application.

Ms Virginia Bamber, resident of Strong Road, spoke in opposition and distributed information packets to the Commission (Exhibit A). She stated up until 2013 there was limited business and activity on the site but starting early in 2013 trucks were coming in to drop off soil and pick up screened soil. She stressed the problems with noise come from the banging of the dump trucks and payloader more than from the screener. The entire summer they were bombarded with noise from trucks coming from the quarry where East Hartford Sand and Gravel is located and lining up on Strong Road. South Windsor Stone and Landscape was a retail operation but they have the impression from the activities last year it is now being merged with East Hartford Sand and Gravel on a .6 acre site which includes a residential house. She stated the neighbors have concern that, once given permission by the Commission, Mr. Silvestri will expand his business and go beyond what the site can handle. She questioned the suggested average truck count of 11 trucks a day and stated they counted 38 dump trucks coming to the site in one day.

Ms Bamber stated she was emailed by the zoning enforcement officer in June that noise testing was to be conducted on the site by the engineer which she would witness and provide a copy of the report to her but no report was ever available. Ms Bamber questioned the dates of the noise testing reports which show a date of June 20, 2013 and a start time of September 20, 2013. She stated her concern about the validity of the sound testing of delivery trucks dumping. On the day of the testing they observed trucks taking 10 minutes to dump a single load which is usually done quite quickly resulting in banging sounds from the trucks. She directed the Commissioners to the information in the packet regarding emails with Town staff and logs of the volumes of truck activity. She questioned the lack of measurements of areas on plans submitted.

Ms Nancy Jackson, resident of Strong Road, agreed with Ms Bamber’s comments and expressed her concern about the water basin and drainage system and how trucks will be able to turn around on the site from the new driveway proposed. She spoke about safety concerns about the how bus traffic on Strong Road would be affected. She noted the hoop house was installed without a permit; permission was never given for access to the CLP driveway and was denied to Mr. Silvestri in June. Dump trucks continued to use the driveway in July. A new driveway was started in the fall near the house and was later told by the Town to remove it.

Ms Fay Derby, 40 year resident of Strong Road abutting the site, stated they never had an issue with Mr. Silvestri’s business until last year when everything changed. She is not in favor stating the expanded business does not belong there with the noise and traffic that has been created and they endured last year.

Mr. Rick Bamber, resident of Strong Road, described unbearable conditions they had last year with dirt, noise and trucks coming in and out of the property continually. They recognize the area is industrially zoned and the traffic is heavier since Strong Road has been repaired but has concern that the increase in truck traffic generated will create a safety hazard with a 12’ two way driveway for trucks. The residents cherish their weekends especially in the summer and have concerns about the expanded Saturday hours until 5:30 p.m. proposed. He stated the business is already open on Sundays without permission. The residents have been OK with the Stone and Landscape business and wish them success but when it was co mingled with East Hartford Sand and Gravel everything changed. Mr. Bamber stated there is not enough room on the site and it will create a safety hazard and he asked not to be harassed by the applicant again.

Commissioner Guarnieri asked about the new driveway and the direction traffic will take. Mr. DeMallie stated the majority of truck traffic will go toward Route 5 but some will travel east. The Commissioner asked if deliveries were coming from East Hartford. Mr. DeMallie stated East Hartford Sand & Gravel has been located in South Windsor for many decades and now operates out of the same office as South Windsor Stone & Landscape Supply and are owned by the same people. The Commissioner asked about the discrepancy with the dates of the sound study. Mr. Krar stated it is a typo. The date of the report and when the measurements were taken is September 20, 2013. The Commissioner noted in the Findings Section the loudest measured sound was a dump truck unloading 62.3 and customer pick up at 68.7 both greater than 61 decimals. Mr. Krar stated there are impact sounds which exceed 61. The study was done in conformance with ANSI and it is allowed to take an average of sounds over a period of time. They used a 10 minute period of time.  Impulse sounds cannot exceed 100 decimals.

Commissioner Marrero commented about the prior site plan and asked how the proposed 12 foot driveway will work with entering vehicles. A 12’ drive is adequate for a one way drive but not two way and asked what will happen when retail car traffic uses the entrance. He asked how trucks will circulate and maneuver in the site. Mr. Krar stated the intention was to make the driveway as narrow as possible and they anticipate no more than 20 dump trucks a day. The other entrance will be open to dump trucks as needed. A ‘No Entry’ sign is proposed at the end of driveway to deter retail traffic. The ‘Do Not Enter’ will be removed and a ‘Trucks Only’ sign will replace it. The Commissioner suggested a bypass area on the driveway in order to prevent trucks backing out onto Strong Road and impacting traffic. Mr. Krar proposed widening the driveway midway down to Strong Road and stated traffic circulation on the site will go around the pond heading north toward the new building taking a right to the stock pile. The truck can then back up and back track the same way or drive around the hoop house and exit the site that way. Space has been created by combining the lots in order to house the stock piles, have traffic circulation of dump trucks and to house the payloader and screener.

Mr. DeMallie stated the Silvestri’s own a total of two tri-axles not six. They have a lease through 2017 to operate behind Redland Brick as their main processing yard for the processing and storage of earth materials. Commissioner Carroll asked why the processer could not be moved to that site. Mr. DeMallie stated they have a larger processer for their rough processing there but for efficiency of staff and time they have the smaller processor on site on Strong Road which meets noise standards for the Town and State. Ms Cindy Silvestri stated they process material continually to keep up with supply and demand during their peak season. It could be done at the other site but it is more convenient to have it on Strong Road with their limited staff.

Commissioner Carroll asked about queuing of trucks on Strong Road. Mr. DeMallie stated they do not anticipate trucks lining up on Strong Road. One or two may occur but as can be seen in the volume of truck logs kept by Mrs. Silvestri the volume is just not there. Strong Road was being reconstructed last year which did affect the neighborhood. Total truck traffic is historically less than about 11 vehicles a day with a maximum up to 20 vehicles in the highest peak season. Traffic will use all driveways however will be encouraged and directed to use the proposed driveway to the west. There will be a total of 10 parking spaces for the low volume business.

Commissioner Wilson stated even though Strong Road was reconstructed in 2013 is not an excuse for nonconformance with an original approval. She understands the neighbors concerns. She asked how the trucks will maneuver the site. Mr. Krar showed the travel path on the site plan.

Commissioner Bonzani referenced the photos submitted and asked how the business expanded to a much larger operation with the screener without approvals. The Commissioner verified dump trucks have variable dumping speeds and can slam three or four times a truck load while unloading. He stated with the estimates of 11 to 20 trucks a day creating 44 to 80 slams a day could get very loud. Mr. DeMallie replied truck volumes have been submitted and they do not expect more than 20 trucks a day on the busiest day of the year and on average to be 11 trucks but like all business’ they hope their business will grow.

Chairman Pacekonis asked when the mobile screener was purchased. Mr. DeMallie stated it was acquired in September of 2012.  The Chairman asked if the Sunday hours for the business are proposed for year round. Mr. DeMallie stated the narrative indicates Sunday hours as year round but they are amenable for Sunday hours to be only April through Labor Day. The Chairman asked about the number of trucks relative to the screening taking place. Mr. DeMallie estimated the weekly hours of screening to be approximately 20. Mrs. Silvestri described the business’ truck activity to be the same as prior to the screener being use stating it is a small business averaging 11 trucks a day. They have been in South Windsor 25 years. The Chairman asked about their lease at the KF Redland Brick area. Mrs. Silvestri stated their lease is until 2017 and hopes to extend it another 10 years. The Chairman asked about the location of the screener. Mr. Krar showed the approximate location on the site plan and explained the screener is meant to be moved because it is a mobile unit. The Chairman repeated the Town Planner’s concern with how high the piles of earth material will be since they previously did not conform to the 4 to 6 foot high fencing and bins. Mr. DeMallie stated they could be as high as 14’ and will be located in the rear of the property as a temporary condition until it is moved. He stated the abutting CLP property has piles of stuff at least that high. The Chairman asked for the peak truck traffic a day and Mr. DeMallie stated it will never exceed 20 trucks a day in their peak times with 20 entering and 20 exiting.

The Chairman asked the Town Engineer, Jeff Doolittle, about his comments about the right of way. Mr. Doolittle stated the setback line encroaching on the porch should not be a factor but the Town will work with the applicant through an easement process or reducing the amount of right of way. The Planner stated it will be 4’ and be in conformance with set backs. Mr. DeMallie stated it will not be an easement but be deeded to the Town.

Chairman Pacekonis asked where the majority of the unscreened material comes from. Ms Sylvestri stated they buy material from job sites, process the material and sell it.

Commissioner Carroll asked for a description of how the screening operation works. Mr. DeMallie stated it comes in as amended top soil, which have been pre-mixed at the yard behind Redland Brick, which is brought in and placed in the screener by a payloader and then is placed in trucks to leave or into bins to be sold. The Town Planner asked Mr. DeMallie to confirm the only material to be screened on site to be topsoil which was confirmed.

The pubic hearing closed at 9:42 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER:  Chairman Bart Pacekonis called the Regular Meeting to order at 9:47 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 1/28/14
Chairman Pacekonis opened the floor for nominations for Vice Chairman.
Commissioner Bonzani nominated Commissioner Wilson for Vice Chairman.
Chairman Pacekonis closed the nominations.
Having no opposition the secretary casts one ballot for Viney Wilson for Vice Chairman.


  • 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
Commissioner Marrero asked to table the application to see if the modified access drive can accommodate the proposed use. The Town Planner stated the public hearing is closed but the applicant could submit revisions to Town staff to be brought to the Commission for review.

Commissioner Carroll asked why all the screening could not be done at the Redland Brick location since that operation is of biggest concern to the neighborhood. The Chairman and Commissioner Bonzani agreed. Chairman Pacekonis stated the screening process was done prior to 2012 at the other site and having it now on Strong Road is to the detriment of the neighbors and appears will get worse if it is allowed to continue.

Commissioner Wilson stated the neighbors gave lots of documentation and the business appears not to be adhering to prior approval conditions. The Saturday hours of 7 a.m. to 5:30 p.m. could be difficult for the neighbors. The business and neighbors were cohabiting until the screening process came onto the property. She expressed thanks to the applicant for bringing in the irrigation system to reduce the dust.

Commissioner Marrero noted the applicant stated it is a man power issue to have all the screening done at the other site. The Chairman clarified the applicant stated the mobile screener was being used as a matter of convenience. The Commissioner stated the applicant has not helped the issues by being non-compliant for quite some time. A limit on the number of trucks is not enforceable.

Commissioner Carroll asked about the easement and setback from the road. The Town Engineer stated a 4’ right of way would provide room for a snow shelf at the side of the road and will keep the house in compliance with set back requirements.

The Chairman asked the Town Engineer if there will be impacts on the wells in the area. Mr. Doolittle replied he did not have information on the condition of all the wells in the area but the site plan shows a well for the house on site which would be the closest well to the detention basin and could be the one to be impacted.

BONDS: Callings/Reductions/Settings

MINUTES:
 
OLD BUSINESS:   

OTHER BUSINESS:  

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the meeting at 9:59 p.m. was made by Commissioner Marrero
Seconded by Commissioner Bonzani
The motion carried and the vote was unanimous.


Respectfully Submitted,
Lauren L Zarambo
Recording Secretary