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Home My WebLink AboutApp14-07P South Windsor Stone & Landscap TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION RECEIVED APPLICATION FORM Application No: 4—o-7,fJAN 2.'+, ?014 Official Receipt Date: d f 2-13 14 Receipt No: C� C 0 OQ g f SOUTH WINDSOR"PLANNING DEPT. APPLICANT: South Windsor Stone& Landscaping Supply, LLC PROJECT NAME: South Windsor Stone& Landscaping Supply ADDRESS: 287 Strong Road, South Windsor, CT 06074 OWNER OF RECORD ON LAND RECORDS: 287 Strong Road LLC ADDRESS: _ 724 Strong Road, South Windsor, CT 06074 COMPLETE LOCATION OF PROPERTY: 287 Strong Road 7—76 s� ASSESSOR'S MAP# 85 PARCEL# 35 ZONE I -Industrial Gl) 8 7 NAME, ADDRESS, TEL Br, FAX #OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Andrew Krar, Design Professionals, Inc., 425 Sullivan Avenue, South Windsor, CT 06074 L60) 291-8755-phone (860)291 8757 fax Estimated presentation time:30 min. THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certificate of Mailing) ❑ Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required) ❑ Subdivision ❑ Minor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major ❑ Conditional Approval © Special Exception to Article 4, Table 4.1.1A (Public Hearing, Certificate of Mailing)(Landscape Materials Sales&Storage) ❑ Site Plan of Development ❑ General Plan of Development -State Hearing per Section 14-55 for ❑ Earth Filling(Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing Required) ❑ Regulation Amendment ❑ Zoning ❑ Subdivision - Attach proposed amendment (Public Hearing Required) ❑ Temporary and Conditional Permit for (Public Hearing Required) ❑ In Law apartment/Accessory Apartment(Public Hearing Required) ❑ Major Home Occupation for (Public Hearing Required) © Other (explain in detail) Special Exception & Site Plan Modification An Application Pending sign is required to be posted on the property for all applications ten (10) days prior to being heard by the Commission. Signature of pplicant Signature of Property Owner i P.O.BOX 1167 425 SULLIVAN AVENUE SOUTH H WINDSOR,Cr 06074 PHONE:860.291.8755 25 "'Anniversary 1986-2011 FAX:860.291.8757 www.designprofessionalsinc.com CIVIL $ TRAFFIC ENGINEERS / PLANNERS /SURVEYORS / GIS ANALYSTS / LANDSCAPE ARCHITECTS Serving Connecticut, Massachusetts, *Rhode Is/and • • • • LETTER OF TRANSMITTAL To: Ms. Michele Li e p Date: 1/27/2014 DPI Project No. 2646 Town Planner Re: South Windsor Stone&Landscape Supply, LLC Town of South Windsor 287 Strong Road 1540 Sullivan Ave South Windsor, CT 06074 WE ARE SENDING YOU: ® Attached ❑ Under separate cover via the following items: ❑ Shop Drawings ® Prints ❑ Renderings ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ • COPIES 3 1/27/14 Site Plan Drawings • 3 P&Z Commission Application Form&$620 fee 3 1/27/14 Narrative Statement&Traffic Statement 1 1/27/14 Site Plan Checklist 1 1/27/14 Abutter List&Sample Notification Letter 3 1/20/14 Sound Study • These are transmitted as checked below: ® ForApproval ❑ No exceptions taken ❑ Resubmit copies for approval ❑ For your use ❑ Make corrections ❑ Submit copies for distribution ❑ As requested ❑ Revise and Submit ❑ Return corrected prints ❑ For review and comment ❑ Forbids due • ❑ Prints returned after ban to us REMARKS: Added 1 copy of Impervious Coverage Computation(8-1/2"x 11"not to scale) Traffic Counts Strong Road(9/20/13) • F- �rtitif • • ��IF7 vim`'° .. • SIGNED: CC: Andrew Krar,P.E. TOWN OF SOUTH WINDSOR CHECKLIST REQUIRED INFORMATION SITE PLANS APPLICANT So�:TH Wi IDS*VC 5 0;kF 9) Lc+n,�Cv Pe �'uproy L �. PROJECT NAME 2— 7 rl J TMV 6 1Co A D This checklist must be signed by plan preparer (P.E./L.S.) declaring that all required information is provided. Items 1-7 are required for all applications; items 8-11 required where appropriate. Check mark for each item supplied. 1/ 1. On each sheet for plans or maps, title block with the following information: a. Name, address and telephone of applicant. ti b. Name, address and telephone number of Land Surveyor or Professional Engineer. V c. Name of Development. d. Date when drawings were made. ✓ 2. Key Map: An overall map drawn to a scale of 1 inch equals either 100 feet or 200 feet. This map will show the overall design of the Development and surrounding property within 500 feet. a. Data block which gives needed zoning information such as percentage of lot coverage, acreage of tract, number of apartment units, parking requirements, etc. J, b. Outline of buildings. V c. Layout of streets. d. Surrounding property boundaries-within 500 feet. e. Names of abutting property owners. f. Proposed open spaces and recreation areas. ✓ g. Driveway cuts on abutting properties and any properties across from proposed site. V h. Distance to and name of nearest intersection street. N/A 3. Architectural Elevations: See attached checklist for Architecture and Design Review. i 4. Plot Plan: A layout map of the proposed site drawn to a scale of 1 inch equals 40 feet on either of the following size sheets: (1) 24" x 36" with a 3/4" ruled margin; (2) 18" x 24" with a 1/2" ruled margin, containing the following data: a. Distance and bearings of all boundary lines and acreage of site. Iron pins required at all property angle points and shown on map. Nil b. Proposed streets and street lines with center line station, curve data, and parking spaces. c. Building lines in accordance with zoning regulations. All A d. Proposed buildings and other structures, including signs, outside lighting, and dumpsters (on concrete pad and screened). e. Easements, noting grantors, grantees, and purpose must be shown in table format, e.g. below !!! r Grantee Type of Date Filed Vol/Pg ;;- Easement f. Names of abutting property owners. v g. Monuments will be indicated at corners and angles of all streets and at all points of curvature and tangency. The monumented points within proposed site shall be coordinated. These coordinates shall appear in tabular form on the plot plan. The accessibility of these CGS points shall be determined by the Town Engineer. r h. All open space or other common or public land uses shall be indicated. V i. A-2 certification; P.E./L.S. Seal. 5. Topographic Map: A map drawn to a scale of 1 inch to 40 feet on sheets not exceeding 24 inches by 36 inches, including ruled margins shall in addition to the requirements of the plot plans show the following: a. All existing and proposed buildings. 'f b. Curb Lines and pavement width, sidewalks. c. Existing and proposed sanitary sewers. d. Existing and proposed water and-all existing utilities. 2 J e. Present wooded area indicated by foliage lines. Any trees to be saved should be shown. J f. Existing and proposed contours shall be shown in not less than two-foot intervals, but in cases of relatively level land, the contours shall be one- foot intervals and spot elevations. V g . Regulated wetlands and 100-year floodplain or note that none are present. h. Proposed storm drainage system, showing all catch basins, endwalls, manholes, lengths and sizes of pipes and elevations of structures. (Maximum distance between catch basins shall be 300 feet and minimum size of storm drain lines shall be 15 inches, within Town ROW.) If plan/profile sheet is provided all of this does not need to be shown. Only top of frame elevations and inverts of open discharge pipe shall be shown on this plan. i. Connections of all springs into proposed storm drainage system as needed. j. Location and indications of existing brook channels, and 100-year flood limits. ij k. A-2 &T-2 Certification; P.E & L.S. Seals. 6. Landscaping plan 7. Drainage calculations: - Zero Runoff Increase per attached guidelines. ! 8. Traffic Report ( 76t 7'L j/vk f N-"f 9. Site Lighting Plan "i/A 10. Plans and Profiles: A plan and profile of the proposed streets drawn on plan/profile paper of scales 1 inch to 40 feet horizontally, and 1 inch to 4 feet vertically on sheets not exceeding 24 inches by 36 inches, including ruled margins and containing the following: a. Layout of streets in sections coordinated by stations with the profile. b. Street plan showing roadways, drainage, sanitary sewer (including house sewer), foundation drains, lot lines, buildings including all utilities with elevations (top frame and inverts), size, type, length, slopes of pipes. c. Sight line at driveway&street intersections. 3 hi 1H d. Profile of roadway showing existing and finished grades. Roadway profile will show all tangent grade and all vertical curve information. All A e. Profile will show all catch basins and all drainage lines between catch basins with all invert and top of frame elevations, sizes, lengths and i slopes of pipes. f. Where any storm drainage line discharges into an existing brook sufficient profile of this brook will be shown to determine conditions. g. CGS datum shall be used on all sites accessible to these controls. The Town Engineer shall, based on standard engineering practices, determine the accessibility of these controls. t! I" h. Profiles shall show all sanitary sewer lines and manholes, including elevations, (inverts, top of frame) sizes, lengths, and slopes of pipes. Top of foundation elevations for building shall be shown. ' 11. Open Space Site Improvement Plans: For sites which require or include a provision for open spaces, a plan which contains data for site improvement may be required. This map shall be drawn to a scale of 1 inch equals 40 feet. 12. Sanitary Report: Where individual sanitary sewage disposal systems are proposed, the final plans shall include a Sanitary Report certified by a Professional Engineer. The report shall demonstrate the feasibility of the proposed individual systems. PLW PREPARER (P.E./L.S.) DATE February 2002; Rev. 4-04 4 a P.O. BOX 1167 425 SULLIVAN AVENUE n SOUTH WINDSOR,CT 06074 PHONE: 860.291.8755 FAX: 860.291.8757 www.designprofessionalsinc.com CIVIL & TRAFFIC ENGINEERS / PLANNERS I SURVEYORS / GIS ANALYSTS / LANDSCAPE ARCHITECTS Serving Connecticut, Massachusetts, *Rhode!stand • Narrative Statement South Windsor Stone&Landscape Supply, LLC Special Exception/Site Plan Modification/lot Consolidation 287 Strong Road South Windsor, Connecticut DPI Project No. 2646 January 27,2014 • South Windsor Stone&Landscape Supply, LLC has applied to the Planning&Zoning Commission to modify the prior special exception and site plan approvals for the existing operating facility in the Industrial Zone at 287 Strong Road. The landscape materials sales & storage business' special exception application(Article 4, Table 4.1.1A), was approved by the Commission on July 28, 2009. The use is proposed pursuant to regulations adopted on January 13, 2009. The level, 1.60 acre site is bordered on the west by a recently renovated residence at 275 Strong Road(occupied by family members), on the north by Strong Road, on the east by the access drive serving a Connecticut Light and Power facility, and on the south by CL&P. The property owners, Arthur and Cindy Silvestri,purchased this property in June, 2008. It is the site previously occupied by the Patric Greenhouses (Bruno Patria). The entire surrounding area is zoned Industrial, and is in the heart of South Windsor's Route 5 industrial corridor. There are some non-conforming residential uses in the area, including the house to the west of the site, and residences on the north and south sides of Strong Road. This application proposes to combine the subject 1.60 acre : property with the 0.69 acre property (owned by Arthur and Cindy Silvestri)to the west. The combined property will be 2.29 acres. Two buildings are on the subject 1.60 acre parcel. The primary structure is a 2,982 sq. ft. landscape center building erected in 2010 with a wrap-around porch to house offices of South Windsor Stone & Landscape Supply as well as East Hartford Sand& Gravel, a small retail showroom, a conference room, and a warehouse area for storage and processing of landscape materials. It has dark green sloping roofs, tan exterior walls, cupolas,windows and doors. The second is a 1,050 sq. • ft. hoop storage building, also for the storage and processing of landscape materials. SW Stone and Landscape Supply also contains a 10 car parking lot including one paved handicap space, an outdoor display/sales area for such items as flowers, nursery stock, landscape materials, as well as • Christmas trees and other seasonal items. Regulations limit the area allowed for both interior and/or exterior retail sales to a maximum of 20%of the building gross floor area and exterior display, storage and yard areas. Therefore,the landscape center building has been limited to 596 sf for retail purposes, and the exterior yard will be limited to 6,542 sf for retail purposes. The balance of the buildings and site is thus for wholesale operations. Customers of the wholesale operation include contractors and garden centers. To the rear of the parcel are 34 bins in a yard for the storage, sale and processing of landscape materials, e.g.,topsoil, crushed brick, aggregate, stone, and tailings. This area includes a proposed mobile topsoil screener(screener area shown on the site • G:\jobs\2646\Docs\Applications\2014 0127 Special Exception\2014 0127 Narrative.doc : plan). The mobile screener's operation,was recently observed by the Town's ZEO (on two occasions), accompanied by a DPI engineer who took sound measurements from adjoining residential property boundaries. The sound data indicated that the emitted sound met all regulatory requirements. A dumpster pad and water quality basin was installed in the southwest corner(right rear)of the site. After-hours commercial vehicle parking is to the rear. : Primary access will be from a driveway entrance on Strong Road, which has acceptable sight lines. Reciprocal travel easements were not granted between CL&P and the applicant, thus a secondary means of ingress and egress over the existing CL&P driveway is no longer an option. A secondary driveway over the adjoining property at 275 Strong Road(the lot to be combined), also owned by the Silvestri family, is proposed to divert some truck and other vehicular traffic away from the residences opposite the site on Strong Road. : Yard Hours—We propose to modify the public hours of operation(yard& office) as follows: Monday thru Friday, 7:00 A.M. to 5:30 P.M.; Saturday, 7:00 A.M. to 5:30 P.M. (April 1 thru Labor Day), otherwise 7:00 A.M. to 2:30 P.M. (Labor Day thru March); and Sunday 10:00 A.M. to 2:00 P.M. (no material screening on Sundays). The highest business volume is in the spring and early summer, when the demand for landscape materials is most pronounced associated with commercial and residential landscape projects. The biggest month is May. Unfortunately, Strong Road was essentially shut down during last year's prime sales period while Strong Road was being reconstructed by the Town's contractor. This substantially impacted sales. Retail customers avoided the yard. We have reviewed the commission's special exception review criteria, as enumerated in Section 8.4, and we believe the modified landscape materials sales & storage facility, as described herein, in the prior submissions, in the documents/plans provided, and in our testimony at the forthcoming public hearing, is consistent with the goals and objectives of those 14 criteria. Narrative Update for January 27 1, 2014 Modified Plans: • 1) At the request of Town staff, we have further updated the base plan to reflect changes to the site since the as-built survey was completed in 2010; 2) The revised plan reflects removal of some material bins in the northeastern and central parts of the site,restoration of landscaped areas, and installation of arborvitae screening; 3) In order to divert some of the truck traffic from the primary drive and away from adjoining non-conforming residential uses, we are proposing a new 12' two-way secondary egress drive westerly of the house and easterly of the railroad right of way. It is adjacent to, but is not expected to impact, the existing large tree (existing gravel area is already in place some 6' from the tree with no apparent impact on the tree). It will also route southerly and westerly of the water quality basin, and is no longer proposed to go between the house and garage. The long standing driveway on the railroad property will be abandoned. 4) Irrigation system has been installed to control dust in all areas where truck traffic will occur; 5) Bin locations are more accurately depicted, e.g., southeasterly portion of site; 6) Added landscaped island with trees to parking lot; : 7) Computed impervious coverage for proposed plan; 8) Clarified proposed areas of gravel and dirt; 9) Extended arborvitae screening to area of former CL&P access; • G:uobs\2646\Dots\Applications\2014 0127 Special Exception\2014 0127 Narrative.doc wkmWs : • 10)Fencing(6' white plastic)has been added around the existing residence for safety,privacy, screening and aesthetics; 11)DPI's traffic engineer has submitted some additional observed traffic counts on Strong Road(witnessed by ZEO); 12)DPI conducted an additional sound study for background noise and operational sounds, which has been submitted to the Town. The ZEO was present during the entire monitoring effort. The Town Planner was present during some of the monitoring effort. All sound measurements were satisfactory and met existing noise standards; 13)The client has provided additional information on peak days in 2013 (all transactions involving a car or pickup) and small truck deliveries. These transactions could involve sale of a plant, garden supplies, or bulk items. The total daily volume is low; 14)Equipment list at Strong Road facility includes 2 triaxles, 1 small dump truck, 1 Volvo front end loader, 1 Trommel screener, a 1/2 yard Bobcat, and a Volvo 1 yd. front end loader; sign • G:\jobs\2646\Docs\Applications\2014 0127 Special Exception\2014 0127 Narrative.doc OILS SMH a J \ \ zyN:, Av.eo �y N 6"CRABAPPJ 6'TALL' s'tv1� / ��•``�,� 1\ LP.WN S?FU(E ! LAW O�*N �APANESf:.A 'iNE.T / s LAWN uc �xt� �a�/ LAWN \ i.� iaA`�`?9 \ yA/(9LlN V'RFS1871 '�\\\ 411 LAyIN y slo� S.L.N, i i 1 sl ku FnVEId:Nr L".AREA ., w .�l� L <\\^., % lX 78.'33 \ `\ / vRAVEI nREA i C ,'./ PAVEMENT % 01 REA OF DISTURBANCE FROM OR , FENCE ~ ^J�\ \ rux�/ •i / P L DRIVEWAY CONSTRUQT ON '— FENCE`,d " /`•) 0.1025-OAK.ACRE$ •`."� 'J "/mwf/'\ p) ! /�� 7 / x74.9 y hG J l GRAVEL ARE , SIC FENS nZ1%nw/�- / AREA OF DISTUR6AN�/$, OM A - / TEMPORARY STOCKPnE EA X�4.' UMPSTER AREA 0.6 RES �•. X74/x7 ':%.PAC" I'` •�^ /ax CCNC.BLOCK / , i / ........ '.' VV^• '" WALL STORACE...i ........ ` i. 1 I ( I 126O OAK \ \ ... X. \\\\ � " (T'AREA � J Eln \^ alx XiE.3 / ��NkT CRAVFI .AREA Ip.;]os f / / 1 34"OAK ' / �. X73.r' X7�� X75.4 !/ Q/ (" ' lr, 20'OAK v.' v '� X739 / /a / 1r' 11 ly// R'fldR:. X7::i.Ei ; `'T`V CRAY:L.AREA , nw\ ¢E /ti Lr LL w 74 / / \`•/// CCNC.ELOCN 1 \•\\ ,� x>jI\ a �� , j'WALL STORAGE. BINFARE(TYPICAL) X7 b (r.Plcr,L) � / \` " i" / GRAVE kEA nixi1,1/l / `�`L" i C4AVEL.AREA I- E //nix J L \ ./.......5 q Z AREA OF DISTURBANCE FRO 1` !/ew SCREENER ACTIVITIES ^ 0.09 ACRES - 7 \ AREA OF DISTUBANCE ESTIMATE AREA(ACRES) "\`\ '6 NEW GRAVEL DRIVEWAY 0.10 ti`�., • TEMPORARY STOCKPILE 0.16 ` \ v �`^F r'` / -. / ARBOR'VITAE. / SCREENER ACTIVITIES 0.09 Ci \ \A S. ROW PTI j r- TOTAL 0.35 ^..•\ •�.5;`C4//' mr, AN'OR O / PCLF' SHEET `""P R0 5Cd E asi9n pl.>5 ms "esfnn� 287 STRONG ROAD,LLC 1P.m�.wµ��+^".�.n I p p1 n 6fO�if�Offilin..Y°...rof. aealm 2M STRONG ROAD Qam�'..�..TM� no. Dare ocsa PnoN er A w6k�eb.Pl.nn.n•p.•.W �:zsrs�� uare z^1/ra.ar Ix«Iw.+. u.rs-me,+e.w 80V1'H WIND80& L'ONNECTdCUT f � TRAFFIC STATEMENT SOUTH WINDSOR STONE & LANDSCAPE SUPPLY,LLC 287 STRONG ROAD SOUTH WINDSOR, CONNECTICUT PREPARED BY DESIGN PROFESSIONALS,INC. JANUARY 27,2014 South Windsor Stone &Landscape Supply, LLC, is currently applying for a site plan modification to their existing facility at 287 Strong Road. Their business has been open since 2010. The primary changes to the site plan include the following: • Closure of the CL&P access drive on the east side of the property. • Rearrangement to and additions of material storage bins. • New gravel access drive on west side of property, from rear of building to Strong Road. (This will include the removal of an existing access drive that currently traverses through the Connecticut Southern Railroad property). • Addition of a mobile soil trommel/screener at the rear of the property. • Combining the lot with the one to the west. Refer to the site plan modification drawings dated January 27,2014. The purpose of this traffic statement is to provide a limited report that describes the existing commercial vehicular traffic activity at the site, and evaluation of safety related to the new access driveway. South Windsor Stone and Landscape Supply, LLC is open year round and their business is specifically oriented toward the landscaping industry. As such,their busiest season is in during the spring from April to June. Their vehicular traffic generation comes from two sources: 1. Dump truck activity related to the delivery and processing of landscape products. 2. Retail activity related to the onsite store. During preparation of this Traffic Statement,no traffic counts were performed since the traffic generation at the site is negligible in comparison to the existing traffic volumes on Strong Road. Therefore, it does not pose any risk of impacting the capacity of the public roadway. Additionally, during initial preparation of the site plan modification application, Strong Road was under full depth pavement construction. However, South Windsor Stone &Landscape, LLC has provided historical truck traffic data based on customer receipts and logs. This data is presented below. JAv LJ64 SOif[H WMIII PLAIM1111111 Truck Activity South Windsor Stone&Landscape Supply 287 Strong Road Month Year Personal Large Dump Customer Large Dump Total Truck Activity Truck Activity Truck Activity (#trucks In&Out) (#trucks In&Out) (#trucks In&Out) April 2012 130 45 175 May 2012 111 46 157 June 2012 93 42 135 December 2012 17 9 26 January 2013 15 7 22 April 2013 137 122 259 May 2013 118 101 219 June 2013 1 90 65 155 *The above data is based on 24 working days per month The data above indicates that the busiest reported month for large truck activity was April 2013, with 259 trucks. The above data is composite and does not reflect peak day or peak hour traffic conditions. That is, some days of the week are busier than others, while there are busier/slower times during the day. However, a simple average indicates that the daily large truck traffic generation during the month of April 2013, was approximately 11 trucks per day, computed as follows: 259 trucks/24 working days = 11 trucks per day As seen from the Truck Activity Table,the generation of trucks to and from the facility come from two components; personal dump trucks and customer dump trucks. Personal dump trucks are owned by South Windsor Stone&Landscape Supply and are driven by their employees. Currently, they have three dump trucks (6+cubic yards), and two employed drivers. Customer dump trucks are owned and driven by others. The site is located in the middle of an industrial zone. There are numerous businesses in the immediate vicinity, located in the same industrial zone that generate substantially more commercial traffic along Strong Road. Some of these businesses include New England Silica, Inc., Redland Brick, Inc., G&S Scrap Metal, LLC, All American Waste, LLC, CL&P, First Student, Inc., and Old Dominion Freight Line, Inc. The intersection sight lines for the new gravel access driveway connecting with Strong Road were reviewed. The posted speed limit on Strong Road is 30 miles per hour. The eastern sight distance (looking right from new site driveway) extends over 700 feet to just short of the Nutmeg Road North intersection. The existing sight distance in the western direction(looking left from new gravel site driveway) extends to John Fitch Boulevard and beyond. The John Fitch Boulevard signalized intersection is approximately 180 feet away. y The Connecticut Department of Transportation's Highway Design Manual provides guidelines for acceptable sightline distances for vehicles turning from a stopped condition onto a major roadway. Using ConnDOT's calculation procedures,the recommended sight distance in both directions is 420 feet for trucks. Looking east or right,there is over 700 feet of available sightline. Looking west or left, the distance is clear all the way to John Fitch Boulevard(180 feet) and beyond. By relocating the existing driveway off the Connecticut Southern Railroad property, and farther away from John Fitch Boulevard, sightline will be improved. It was also observed, that a driver stopped at the end of the new driveway will have clear sight in excess of 500 feet looking north at the southbound left turning lane of John Fitch Boulevard, and also by looking back, at least 500 feet toward the right northbound lane of John Fitch Boulevard. The radii of the new gravel driveway at its intersection with Strong Road, is proposed to be 25 feet. This meets the minimum radii suggested by the guidelines set forth within AASHTO's Policy on Geometric Design of Highways and Streets. The design vehicle was assumed to be a single unit truck. On Friday, September 6, 2013, our office sent an email to Lieutenant Richard Bond of the South Windsor Police Department requesting traffic accident data within the immediate vicinity to 287 Strong Road for a period during the past three years. Mr. Bond called our office and indicated that no traffic accidents related to the subject parcel have occurred. Prepared by: Andrew J. Krar, P.E. Senior Project Manager Y Sound Study South Windsor Stone & Landscape Supply 287 Strong Road South Windsor, CT DPI Project No, 2646 "0 O;Ft ri*`�._ "c�t.'v`y J '--�•it Prepared by: Design Professionals, Inc, Y 42S Sullivan Avenue - South Windsor, CT 06074ex JN 4; 2 '.4 September 20, 2013 SOUTH WINDSOR PLANNING DEFT. ♦,41 Table of Contents Section Introduction Procedure Findings Appendices A Map B Sound data C Sound meter information D Town of South Windsor Noise Pollution Control Ordinance Introduction The purpose of this sound study is to outline our findings of sound emissions from business operations at South Windsor Stone&Landscape Supply, LLC located at 287 • Strong Road (the site). Measurements were conducted during the morning hours of Friday, September 2{}1h, 2013. The objective was to determine if emitted sound from the site was in conformance with the Town of South Windsor's Noise Pollution Control Ordinance(Town ordinance). During daytime hours, Town ordinance restricts noise above 61 decibels from industrial uses upon residential property. In the case where background noise exceeds 61 decibels. the industrial use shall not exceed the background noise levels by 5 decibels. The 'Down ordinance refers to The Connecticut Department of Environmental Protection's "Connecticut Regulations for the Control of Noise". The Town ordinance also restricts impulse sounds generated from emitter's sites to no more than 100 decibels upon residential properties during daytime hours. The ordinance defines impulse noise as "a sound of short duration, usually less than one second, with an abrupt onset and rapid decay. where said sound is not repetitive". Sound measurements were taken using a Sper Scientific sound meter,model number 850013. The instrument was calibrated per ANSI/NCSL,Z540-1, and ISO/IEC 17025 standards by Sper Scientific on May 29,2013. All sound measurements reported herein are in decibels at the `A' weighted scale. Refer to Appendix C for sound meter information. Sound measurements were conducted in conformance with the"American National Standard's Quantities and Procedures for Description and Measurement of Environmental Sound—Part 3: Short-term Measurements with an Observer Present" guidelines as published by ANSI/ASA S 12.9-2013/Part 3. Procedure: Design Professional's engineer, Andrew ICrar. P.E., conducted sound measurements at three locations on residential properties adjacent to the site. The weather was clear, in the low 60's, and negligible wind. The three sound measurement locations are listed below. Refer to the map presented as Apprendix A: • Front yard of 290 Strong Road(brick house), adjacent to the road and across the street from the site. • Front yard of 306 Strong Road, adjacent to the road. : • West side yard of 307 Strong Road, adjacent to the CI.&P drivewa : 1�0��3SS�Of1a�S • k Sound measurements were conducted at each location during both background and combined noise conditions for approximately 10 minutes.The Town of South Windsor's Zoning Enforcement Officer, Pam Oliva accompanied Mr. Krar during all the measurements. Michele Lipe and Peter DeMallie were also present during portions of the • measurements. Background Sound: 'fhe Town of South Windsor's Noise Pollution Control Ordinance defines background noise as"noise which exists at a point as a result of a combination of many distant sources individually indistinguishable". The Connecticut Department of Environmental Protection (now CT DEEP) further defines background noise statistically as the noise level which is exceeded 90%of the time(I,90), in which the measurement is taken. During the background sound measurements,no operations were taking place at the site. Both the payioader and soil screener were turned off. The only audible sounds emanating from the site were sounds coming from occasional vehicles turning into and out of the driveway. Combined Sound: During recording of the combined sound measurements, operations at South Windsor : Stone& Landscape Supply were ongoing. The prominent sound sources generated from the site consisted of the #'allowing: • • Soil screener • Payloader transferring topsail from a stockpile to the soil screener • Payloader's backup alarm Occasional dump truck unloading material to a pile • One instance of the payloader dumping stone into a customer's pickup truck Findings Results demonstrate that the sound emitted from South Windsor Stone& Landscape : Supply is in conformance with the Town's ordinance. The readings recorded and observed during the investigation are summarized below and are presented in full as Appendix B: : : : Location Condition Decibels • Site #1 Background 48.0 (1,90) 290 Strong Rd. Combined 54.9(Average) : • Site#2 Background 47.3 (Lego) 306 Strong Rd. Combined 57.0(Average) Site #3 Background 45.9 (Lego) 307 Strong Rd. Combined . 52.3 (Average) No impulse sounds in excess of 100 decibels were measured or recorded during any of the sound measurements at any time, from any source. Further findings of impulse sounds are presented below: • • The loudest measured impulse sound was 87.4 decibels. (Truck driving by on Strong Road unrelated to site, while meter was positioned in front yard of 290 Strong Road). • Loudest measured sound while a dump truck was unloading material on the site was 62.3 decibels. This measurement was taken in front of 306 Strong Road. • Loudest measured sound while the payloader was dumping stone into a customer's pickup truck was 68.7 decibels. This measurement was taken in the west side yard of 307 Strong Road. It is noted herein that noise levels generated from South Windsor Stone & Landscape Supply's payloader backup alarm were incorporated into the combined sound measurements. Under section 3d of the Town's ordinance,reference is made regarding • sound sources that are excluded from the ordinance. The section refers to the Connecticut Department of Environmental Protection's Regulation for the Control of Noise, sections 22a-69-1.7-1.8. It states that sound created by safety and protective devices do not apply to the regulations. The inclusion of the sound associated with the payloader's backup alarm was done for purposes of conservative approach and simplicity. ■ Is } Appendix A MAP t- j �1 r i i �i 4N................. VEAIRFM#W7'.0-'TnN A7 *,W.6 5,TR-1 D NCAD � 1 f l f lam` +� / `9l,Nd MEA$JfiFNl N1 0CACpN AD JNI'EWAV 'JNt,:I 1."NFFh4.N f�N�1WAS:"" yam"`" t w KerFarr Mn RO AD, LLCSao rrsM�srr wr287 3TRolvo �287 sxaaNa aae 4115'.' L„P/70/tJ MUTH 7V7N000R, QOIFtlBC17l•U'T � ., Appendix B SOUND DATA Date: June 20,2013 Location: Sound measurement location#1(driveway of brick house) General Condition: Background sound(nothing operating at site) Weather: Sunny,60'F,negligible wind Atmosheric pressure=30.06"mercury Humidity=85% 1309�0 43 AM 2.3d0 ' 120 -----• .......... 1 10" -------- - ------- i 100 i-------- -------- --- -------- -- 5 .,-i.._._._............ .. W �T Vll s r : . IO 4 -__ lir O i �n 40 -- - 30- . , Start Time: 9/20/2013 9:03:43 AM Sampling Rate: 1 second Data No: 614 Avg.: 55.4 1-9=4&0 Maximum: 86.1 @ 9:13.39 AM Minimum: 45.9@ 9:10:45 AM Operator Notes• 71 -4-1 gs '3 1-1 $ 51 CA Date; .tune 20,2013 Location: Sound measurement location#2(#306 Strong Road) General Condition: Background sound(nothing operating at site) Weather: Sunny,60'F,negligible wind Atmosheric pressure=30.06"mercury Humidity=85% 130 V-_22 AAA12U ; -- if0 ° • fUU 90 -------------- --------------- 7U -`. ] T- ....._. ___ _______ -_ hU ------------- • dU 3U Start Time: 9:22:06 AM Sampling Rate: 1 second Datallo: 622 Avg.: 54.2 1-9=47.3 Maximum: 85.7 @ 9:24:40 AM Minimum: 45.6 @ 9:30:02 AM Operator Notes: 4 34`W .- Date: June 20,2013 Location: Sound measurement location#3(CL&P driveway) General Condition: Background sound(nothing operating at site) Weather: Sunny,60*F,negligible wind Atmosheric pressure=30.06"mercury Humidity=85% 130 `D:38:N AM , 3dB , 120 ... -------- ------ - 110----- -------•--- ------- ---- .-----------------------_-----'-------- ---- 90 r •... ' m : 10 --------------- , '0 , 40 30 Start Time: 9:38:34 AM Sampling Rate: 1 second Data No: 615 Avg.: 49.8 Lyo=45.9 Maximum: 71.3 @ 9:39:44 AM Minimum: 44.2 @ 9:41:49 AM Operator Notes: IQ, C'A F fj f I A 2�r�4.k I'p T-ot Date: June 20,2013 Location: Sound measurement location#1(brick house) General Condition: Combined sound(payloader&screener operating) Weather: Sunny,60°F,negligible wind Atmosheric pressure=30.06"mercury Humidity=85% 130 3d:33 AM 2.2CiB • 120 7 110 -..,. --- ------ --•------ -------- ---------- 100 { ----- ----- ----- , 90 ... m , 80 70 .. - , 60 --- a , 50 ........... 40 . i 30 Start Time: 10:34:33 AM Sampling Rate: 1 second Data No: 761 Avg.: 54.9 %the associated with 61 DbA=92 Maximum: 76.3 @ 10:39:51 AM (Car passing while payloader was in reverse) Minimum: 47A @ 10:45:42 AM Operator Notes: !j e.tr T-k, Kt<P Date: June 20,2013 Location: Sound measurement location#2(#306 Strong Road) General Condition: Combined sound(payloader&screener operating) Weather: Sunny,60°F,negligible wind Atmosheric pressure=30.06'mercury Humidity=85% 1,30 120 ito - . - -,_- ... - m8t) �c go sty - - ------- 3b Start Time: 10:19:55 AM Sampling Rate: 1 second Data No: 705 Avg_: 57.0 %the associated with 61 DbA=81 Maximum: 87.4 @ 10:25:25 AM(Truck drive by) Minimum: 50.7 @ 10:28:17 AM Loudest recording while dump truck was dumping& no vehicle drive by=62.3 Operator Notes: � � 1•p 1�6•i? 4�1 ,,,t c at�t rays 3 +nr ra4 t��7ro].k r,'t6. Date: June 20,2013 Location: Sound measurement location#3(CL&P driveway) General Condition: Combined sound(payloader&screener operating) Weather: Sunny,60°F,negligible wind Atmosheric pressure=30.06'mercury Humidity=85% f 3U Ut_48 NA . 120 2dB f - 110 ._ ------------------ ------- 100 . . 40 ----. - ---------- --------- .. 30 Start Time: 10-01:46 AM Sampling Rate: 1 second Data No: 846 Avg.: 52.3 %file associated with 61 DbA=99 Maximum: 68.7 @ 10:09:48 AM (Payloader dumping stone in customer's pick up truck Minimum: 47.5 @ 1007:55 AM Loudest recording while dump truck was dumping =61.3 Operator Notes: "I i3 Appendix C SOUND METER INFORMATION ' PER SCIENTIFICLTID CT-R"FICA TE OF CALIBRATION Sper 5eieutifc certities that the instrument listed above meets the speciFicatinns of the manufacture and has been calibrated in a controlled environment at 94,0 dB SPl. single point with a I Ulz frequenc% using an instrument vkhicli is traceable to the t`. S.!National Institute of Standards and Technology, Manufacturer Model-, Date Due — .._�t.._. - — .1�e 4 3 1 _.._ 1169956 71ii5 acoustic calibrator has been calibrated using standards v3ittr vahre� traceable tc the Ntttir�nal Institute - of Stance ird�aril Tee hn�alt+� . The calibration of this standard leas l 1}l tl a teed Conforms t rrr,s 1vlt .- _ P earns,a test h ti,e rcqurrertlent cat DNS► N SI_7540-l. 'NO ITC 17025.and the guidelines of ISO 1002-1,"irace lumber 1- 1260_i381_1,0g,1 1200+3,81-lo1 and 1- 0210513 -301, Reported values represent eypcndcd uncertairr>rt�s ctpresScd at apprcxvnn rtel V'o confidence, level usin'-,-,Supportin.;(J,cur•3entation relative to traceabilitti r,c7rt vile at this office,an<l is av 3'l�abletact t)ror c'f C."O tlatiDn upon request, L"ncer•.ainties of the standards : Acoustic Mtprrt level-0 12dR .Output f requencv- 1(H)pprn t Acoustical Calibration Test Report Certificate No.: 1 30s2'9064 ti9 � -- ---z 'Model '<o • $it?1l1+C Calibration Type Single Point -- - - Serial No �j _ !crating Mode 94dB Acoustical Source A.c Found dR "Tolerance Pass/Fail C-it eit?htinst ___—.. _ f1_' to 95.5 PAS`� ).i, y?. + tit ) .j PASS 0)eratin�:Evade Acoustical Reacting After Calibration dB Tolece PassiFai) {�I {1 rs�n slitin�a —a 1 - t1) — i PASS g £)q.1 9 ,5 to 9z.5 PASS NOW: aCOUStical c tlibr,itis>n uses an aco istirai signal at 10O( lr 94C113_ It is normal. if the reading alter M calibration iarics_t 0._ from the Acoustical I ea Report.due to the dit�erent conditions and temp_ Relative llumtdit%: .1 — — — �t alibra!jon Date s-4e) ' Iettt�eratur� '-1"C �..� -- — —-- Recommended Uue Date -Test Report Line Number 5-I5'9 29 Grpi q N!K I/I AX01' Super,istar-Qualit), Aiittrance Sp4r Scientific 8 2 R I c.. .. r'Ci 3 " t-Fc S ;t p.. I- r�' Appendix D TOWN OF SOUTH WINDSOR NOISE POLLUTION CONTROL ORDINANCE 43 ORDINANCE #145 NOISE POLLUTION CONTROL ORDINANCE 1, "PURPOSE The policy of the State of Connecticut under Connecticut General Statutes, Section 22a-67 is to promote an environment free from noise that jeopardizes the health and welfare of the citizens of the State of Connecticut. To that end, the purpose of this Ordinance is to establish a means for effective enforcement of a noise pollution standard. Further, the Connecticut Legislature has found, and the South Windsor Town Council finds and declares that: (a) excessive noise is a serious hazard to the health, welfare and quality of life of the citizens of the State of Connecticut and the Town of South Windsor, (b) exposure to certain levels of noise can result in physiological, psychological and economic damage; (c) a substantial body of science and technology exists by which excessive noise may be substantially abated; (d) the primary responsibility for control of noise rests with the State and Towns thereof; (e) each person has a right to an environment free from excessive noise that may jeopardize their health, safety or welfare. 2. DEFINITIONS For the purposes of this Ordinance, the following definitions shall apply: Background Noise: Shall mean noise which exists at a point as a result of a combination of many distant sources individually indistinguishable, Daytime Howes: Shall mean the hours between 7:00 a.m. and 8:00 p.m. on every day but Sunday and the hours of 9:00 a.m. through 8:00 p.m. on Sundays. Decibel: Shall mean a unit of measurement of the sound level. 44 Impulse Noise: Shall mean a sound of short duration, usually less than one second, with an abrupt onset and rapid decay, where said' sound is not repetitive. Nighttime Hours: Shall mean the hours between 8:00 p.m. and 7:00 a.m. each day from Sunday evening through Saturday morning except that night shall mean the hours between 8:00 p.m. Saturday and 9:00 a.m. Sunday. Noise Level: Shall mean the sound pressure level measured with a sound level meter using the A-weighting network. The level so read is designated dBa:(A) or dBA. Noise Control officer: Shall mean the individual so designated by the Town Manager as the person responsible to enforce this Ordinance and report to the Town Manager regarding violations and/or non-compliance with the Ordinance. 3. PERFORMANCE STANDARDS It shall be the responsibility of the designated Noise Control Officer to enforce all aspects of this Ordinance, including the following: (a) No noise shall be emitted beyond the boundaries of a lot or parcel in excess of the noise levels established in these regulations, (b) Noise emitted from Commercial and Industrial zones beyond the boundary of the lot or parcel shall not exceed the levels stated herein as to the respective adjacent Residential, Commercial or Industrial Zones: Emitter's Zone Receptor's Zone Industrial Commercial Residential/Day Residential/Nig_ht Commercial: 62dBA 62dBA 55dBA 45dBA Industrial: 70dBA 66dBA 61dBA 51dBA The above levels represent the current levels adopted by the State of Connecticut. If the State of Connecticut changes its levels in the future, the levels of this Ordinance will automatically be changed to correspond with the - 2 - ,9 a._ new State levels. Measurements shall be taken at several different points located beyond the boundary of the emitter's lot or parcel in various locations throughout the receptor parcel or parcels in an attempt to locate the loudest noise level emitted.; (c) High background noise levels and impulse noise are those individual cases where the background noise levels caused by sources not subject to this Ordinance exceeds the standards contained herein. A source shall be considered to cause excessive noise if the noise emitted by such source exceeds the background noise levels by 5dBA, provided that no source subject to the provisions of this Ordinance shall emit noise in excess of 80dBA' at any time; and provided that this section does not decrease the permissible levels of other sections of this Ordinance. Further, no impulse noise shall be caused or allowed in excess of 80dB peak sound pressure level during the nighttime hours to any residential zone or use and the emission of impulse noise shall not be caused or allowed in excess of lOOdB peak sound pressure level at any time to any zone or use; and (d) Exclusions and exceptions shall be in accordance with regulations of the Connecticut Department of Environmental Protection, Sections 22a-69- 1.7-1.8. 4. SPECIFIC PROHIBITIONS (a) The operation of lawnmowers, leaf blowers, snow blowers, tractors, chain saws or other machinery powered by an internal combustion engine between the hours of 8:00 p.m. and 8:00 a.m., except during the 24-hour period immediately following a snowfall or other weather-related emergency. (b) The following activities and uses shall be exempt from the noise level ordinance: (1) Noises resulting from any authorized emergency vehicle when responding-to an emergency call or acting in time of emergency, and (2) Noises emanating from municipal vehicles, such as snow plows, garbage trucks, emergency road trucks and other emergency vehicles. - 3 - 46 5. DE TERMINATION OF OFFENSE -� f The standards which shall be considered by the Noise Control Officer in determining whether a violation of this Ordinance exists shall include, but shall not be limited to, the following: (a) The level of noise; (b) Whether the origin of the noise is natural or unnatural; (c) The background noise level, if any; (d) The zoning of the area from which the noise is emitted and the zoning of the area within which the noise is received; (e) The time of day or night the noise occurs; (f) The duration of the noise; and (g) The day of the week, or holiday, on which the noise occurs. 6. APPLICATION FOR TEMPORARY VARIANCE J (a) Any person residing or doing business in South Windsor may apply to the Town Manager for a temporary variance from one or more of the provisions of this article if they are more stringent than the Connecticut Department of Environmental Protection's regulations for the control of noise, provided that the applicant supplies all of the following information to the Town Manager at least twenty (20) days prior to the state of said activity: (1) The location and nature of activity; (2) The time period and hours of operation of said activity; (3) The nature and intensity of the noise that will be generated; (4) A plan to be implemented which will correct the noise problem requiring the temporary variance; and - 4 - /.44 } (5) Any other information required by the Town Manager. (b) No variance from these regulations shall be issued unless it has been demonstrated that. (1) The proposed activity will not violate any provisions of the Connecticut Department of Environmental Protection regulations; (2) The noise levels generated by the proposed activity will not constitute danger to the public health; and (3) Compliance with this article constitutes an unreasonable hardship on the applicant. (c) The application for variance shall be reviewed and either approved or rejected at least five (5) days prior to the proposed start of said activity. The approval or rejection shall be in writing and shall stated the condition of approval, if any, or the reasons for rejection. (d) Failure to rule on the application in the designated time shall constitute approval of the temporary variance, 7. FENALTIES FOR OFFENSE Any person or business violating any of the provisions of this Ordinance shall be deemed guilty of a municipal violation punishable by a fine in an amount of ninety-nine dollars ($99). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 8. SEVERABILITY All provisions of the Zoning Regulations of the Town of South Windsor which are more stringent than those set forth herein, shall remain in force. If, for any reason, any word, clause, paragraph, or section of this Ordinance shall be held to make the same unconstitutional or superceded by any State law or regulation, this Ordinance shall not thereby be invalidated and the remainder of the Ordinance shall continue in effect. - 5 - 48 Approved at a Regular Meeting of the Town Council of the Town of South Windsor, December 15, 1997. LEGAL NOTICE ATTEST: 1 Nonce is hereby given that the following ordinance for the Town of South Windsor was duty adopted at the Regular Meeting of the:South Windsor Town Council on December 15, 1997. ORDINANCE #145 ."NOISE POLLUTION CONTROL Li. na T. Kuras, Town Clerk ORDINANCE" Dated at South Windsor,CT the 18th day of December, 1997. Attest; Gretchen E. Bickford Assistant Town Clerk Journal Inquirer December 19. 1997 This Ordinance shall .become effective ten (10) days after publication >_� in a newspaper having a circulation in the Town of South Windsor. P.O. BOX 1167 425 SULLIVAN AVENUE n SOUTH WINDSOR,CT 06074 PHONE: 860.291.8755 FAX: 8onalsi .8757 Is .com www.designprofessionalsinc.com CIVIL $ TRAFFIC ENGINEERS/ PLANNERS/SURVEYORS/ GIS ANALYSTS / LANDSCAPE ARCHITECTS • 5erwng Connecticut, Massachusetts, Rhode/5/and January 27,2014 VIA CERTIFIED MAIL • Abutter Name Abutter Address Re: South Windsor Stone&Landscape Supply,LLC 287 Strong Road South Windsor,CT Special Exception&Site Plan Modification Application Dear Property Owner: In accordance with the Rules&Regulations of the South Windsor Planning&Zoning Commission,you are hereby notified that an application has been filed on the property located at 287 Strong Road,abutting your property,and is subject to a hearing by the Planning&Zoning Commission.The application and plans are on file with the South Windsor Planning Department. As an abutting property owner you are invited to the hearing(s)to ask questions and/or give comments,however,you are not required to attend. You may also submit written comments regarding the application(s)prior to the meeting if you so desire. For further information regarding the specific date this application will be heard,please contact Michele Lipe,AICP,Town Planner,at the South Windsor Planning Department at 644-2511,ext.252. • Sincerely, DESIGN PROFESSIONALS,INC. Andrew Krar,P.E. Senior Project Manager • Cc: Town of South Windsor • Client G:\jobs\2646\Docs\Applications\2014 0127 Special Exception\2014 0127 Abutter Notice.doc P.O. BOX 1167 425 SULLIVAN AVENUE SOUTH WINDSOR,CT 06074 eagn PHONE: 860.291.8755 .8757 �W�� FAX: 8onalsi c.com www.designprofessionalsinc.com CIVIL & TRAFFIC ENGINEERS/ PLANNERS/ SURVEYORS / GIS ANALYSTS / LANDSCAPE ARCHITECTS Serving Connecticut, Massachusetts, *Rhode!eland ABUTTERS LIST • Application of South Windsor Stone&Landscaping, LLC 287 Strong Road DPI Project No.: 2646 Map Parcel Owner Mailing Address 85 1 Daniel J. Charbonneau 280 Strong Road, South Windsor, CT 06074 3 Ann S. Pola 290 Strong Road, South Windsor, CT 06074 26 *The Connecticut Light& PO Box 270, Hartford, CT 06141 Power Company 28 *The Connecticut Light& PO Box 270, Hartford, CT 06141 Power Company N/A *Connecticut Southern Railroad 70 Tolland Street, Bldg. 6,East Hartford, CT 06108 * - Direct Abutter : G:\jobs\2646\Docs\Applications\2014 0127 Special Exception\2646 Abutters list.doc Jan J1 14 10:59a Design Professionals, Inc 860-291-8757 p.1 PostalU.S. Postal C3 CERTIFIED MAILM RECEIPT • , MAIL,I RECEIPT Ln (Domestic Mail Only,Mo Insurairice coverage Provided) -31 __ eDomestic Ma"Only—,NO Insurance coverageProvided) QFor delivery O M Postage $ $0.49 0128 � stage $ Po $0.49 d Cartifled Fee $3.30 05 Z er- -- --- --- - — —{ —_ cenriledFee $3.30 �- Return ReeoiptFee - — - -- - 0 ----..._al � � a (Endorsement Required) $2,70 ��.. _O--RetatrrR2CBIp1 Fee - ---- jP 'Try N �. -_ lErdorsementRequired)- $�,70 O Hera J Restricted Delivery Fee O (Endorsement Requfred) $0.00 O Restricted Delivery Fee O ;�� Q a �O (Endorsement Required) $0.00 'D.....Total Postage&Fees ......$b.49......... 30r4Qi !- -`� . . �` Total.Posta e&Fees g $ $6.49 . .. 01/30/2014 Q Sent To 1 S�)j 0 Senr o C3 Sheet,Apt.No.;• .^�� /`1 •„ O SVaer,A t No.; [� orP08oxNo. Q( U/�Yh/T/' - - - -......._. P. _17 -- .-----------•--•-•------ -... �- ------------- --- t1 or PO Box No. city,stare.ZIP , - (N/ ZrP+4 __ CY /gust 20a6 See Raversaforrinstrvetions • rr. PostalU.S. Postal ServiceT.11 U.S. (DomesticCERTIFIED MAILT,., RECEIPT CERTIFIED MAIL,, RECEIPT N D, / LnCoverage fUveryionour • d `n SOO 4R 41 A U www.usS n CO EaH R7FQ T 1A L rq I 17- Postage $ $0.49 01? Postag e S $0.49 0 -•• � T OhO� mU CenlHed Fee $3.30 v) Certitled Fee $3.30 �: osimark`, C7 Return Receipt Fee � �� Here_ .. � Return Receipt Fee �oslmark 0 (Endorsement Required) $�.70 I O (Endo cement Required) $2.70 O >,le.� C Restricted Delivery Fee O` Restricted Delivery Fee / N H (Endorsement Required) $0.00 �/,,� O (Endorsement Required) $O.OG J O Total Postage&Fees $6.49 0 %�b/ 014 Total Postage&Fees $ ,49 01 d Sent To O Senr 70 M .../T C/rrf� • Street Apr.Igo - - - ( Srreet Apt.No.; ---- (� h --- ---- orPO Box No. ��(/ �J�jQn _ M1 or PO Box No. �� TIIC[.11 Jf /J _ -- - - ----... - --...-- -- - -•-- y------------- ---J-- My,Steve,Zrt�.p /� c r,were,ZIP+4- � •--•`�j - ------ ()� �lzJf /Y7, SMH 4 NV:69.6 T(E) W \\Nv)o PERVIOUS AREA=5,243 S.F. LOT AREA: 99,761 S.F. Jaime °\ PERVIOUS AREA: 35,858 S.F. CQ \\ ., IMPERVIOUS AREA: 63,903 S.F. IMPERVIOUS COVERAGE: 64.1% �O �nND .APED G'"TALL ISLA by 6"CRABAP \ \\, SPR E LAWN % \� PERVIOUS AREA=8,560 S.F. /LAW JAPANNWSEI.. IT \\ 6�5 ALLUCE /-AWN Q \ X75 3 p'L, X75 6\ OFF�L RSA SCAPSO'3 LAWN H e \ LA WAI �S Vqp nUSTWIRES \ j e e #1871 of 64� LAWN \ 7 Po • \ 1 7,3 s STONE C Pave T Noe STONE ,v scN�bM/ \`v 'SEE q 7 B --COLLIMNL T \\ { NOTE 6 ,LAJ BIT. AVEMENT •LDSCP AREA IEv 68.69 31- iCVLi (RAVEL AREA P[° \, d'V Bli_PAVEMENT ^ \\\ AyT�C° \ 757 C W G PLA I-ENCE\ EL AREA FORMER LOT LINE �`�\�O 0 �/. N x 6 / CRn VEL X74qIII e airy / l� '74,3 DUMPSTER \ �i 3 RAVEL AREA n'OAIh \')n. \, �:74.7 X7'G,RA^Ir PAp 7/�� CONC.ILO'K 178"OAK \ \ \T X74,0 '* \' / WAIL SYDRA'EJ / \�"� BIN AREA TY �� CTYP CAL) ,ld( / 3�PINE ' uneim"� VA�^V oT �� - Q X73.8 \yam° GRAVEL AREA ) NET 72.5 3"1PI _ X73,3 �ry Na�oa/2.Q 2 O -S X7:3 77 \., X754 U"OAK \� X73,9 X ;OpN50LIDATEO LOT W/WIRE X74,4 R A=99,961 SO.FT. �. 12 IREN� -O 5 RfgR\ 2.29 ACRES REA xry /� Aiu� h_ /W y .\ \ n CO NC. FUN AREtORA/C7- e� p1� ry , (TVRICnL) ITS E °RAVEL REA � PERVIOUS AREA=366 S.F. / ry / PERVIOUS AREA= ��o CRAWL AREA . k� / 4,369 S.F. /< °'c\ / FEiy°EaiNUAK _ARBORVITAE p i'REE ROw A 35 / PERVIOUS AREA=17,320 S.F. voLE x / B."9 SHEET m+awcnax. CftAPNIC 3CALE c°. eea�s� *. �N51ON5 � I COvERASIE SKETCH 287 STRONG ROAD,LLC 207 STRONG ROAD �%pmK+ay.� N0. OAT£ DESCRIPTION BY 1 e-Rc R I.nda°apa areM1llea�v�plmnarv-�Iv�ps ��n'0.:P646� 2 1/I>/!4 AK a+edxaraauwe.om¢x os°v. cL�drixalswwr-awmuees-.wnay scum WIIdmmLl C®AIN6CI1CU'P r r Vehicle Counts-287 Strong Road Vehicles Driving by(in front of)South Windsor Stone &Landscape Supply, Inc. 20-Sep-13 Duration Cars/Vans Equivalent Time Interval Pickup Trucks School Buses Large Trucks Total Vehicles Vehicles/Hour 9:04 a.m. 9:14 a.m. 0.17 10 3 4 17 102 9:22 a.m. 9:32 a.m. 0.17 15 2 4 21 126 9:39 a.m. 9:48 a.m. 0.15 8 0 10 18 120 10:20 a.m. 10:31 a.m. 0.18 14 2 5 21 115 10:35 a.m. 10:45 a.m. 0.17 11 0 4 15 90 Total (50 minutes) 58 7 27 92 Equivalent vehicles per hour= 110 vehicles large trucks or Buses= 37% PAYMENT SUMMARY RECEIPT TOWN OF SOUTH WINDSOR 1540 SULLIVAN AVENUE SOUTH WINDSOR CT 06074 DATE: 01/28/14 CUSTOMER#: 000000000 TIME: 12:20 CLERK: laurenlz RECPT#: 20692751 PREV BAL: TP/YR: MS/2014 AMT PAID: 470.00 BILL: ADJSTMNT: EFF DT: 01/28/14 BAL DUE: PERMITS/INSP PAYMENT -----------------TOTALS----------------- PRINCIPAL PAID: 470.00 INTEREST PAID: .00 ADJUSTMENTS: .00 DISC TAKEN: .00 AMT TENDERED: 470.00 AMT APPLIED: 470.00 CHANGE: .00 PAID BY: EAST HARTFORD SAND & PAYMENT METH: CHECK PAYMENT REF: 9252 (0W N Sf4 ti F w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 sOR'CO TELEPHONE (860) 644-2511 January 29, 2014 Andrew J. Krar, P.E. Design Professionals, Inc. 425 Sullivan Avenue South Windsor, CT 06074 Dear Mr. Krar: Re: Appl. #14-07P, South Windsor Stone & Landscaping Supply, LLC, 287 8s 275 Strong Road Please be advised that the Public Hearing of the Planning & Zoning Commission in the above referenced matter has been scheduled for Tuesday, February 11, 2014 at 7:30 PM in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue. Someone must be present at the hearing to represent the application. One sign advertising the hearing must be posted on the property for ten (10) consecutive days prior to the hearing and must be clearly visible from a town street. A sign must be posted on Strong Road by Friday, January 31, 2014. Signs can be obtained in the Planning Department, Monday through Friday, 8:00 a.m. - 4:30 p.m. If you have any questions regarding this letter, please call 860-644- 2511, Ext 253. Sincerely, Lauren Zarambo Administrative Secretary PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: January 30, 2014 TO: Matt Galligan, Fred Shaw, Michael Gantick, Glen Buonanducci, Walter Summers, Jeff Ray Favreau, Karl Reichle, Mark Owens, Chris Dougan, Sherry McGann, Ron Asselin, John Caldwell, Dennis Sheridan FROM: Michele Lipe, AICP, Town Planner The Planning & Engineering Departments have received plans for the following project: Appl 14-07P, SW Stone& Landscaping Special Exception/Site Plan Location: 287 and 275 Strong Road ® Site Plan ❑ Subdivision No. Acres 2+ Zone I ® Industrial ❑ Commercial ❑ Residential No. Lots/Units Water: ❑ Public ® Private Well Sewerage: ® Public ❑ Septic System Project Description: Landscaping material sales, processing and sales - expansion Future Town-owned property involved? ❑ Yes ® No ❑ new street(s) ❑ new detention area ❑ new open space/recreation area ❑ active ❑passive Planning Department notes: Please comment by 2/7/14 and return to the Planning Department. Page 1 of 2 A0 After recording return to: Y(� 2 PA(,E /.+ Gerlt Law,LLC 53 P.O.Box 1132 South Windsor,CT 06074 STATUTORY QUIT-CLAIM DEED 3961 To all People to whom these Presents shall come,Greeting: KNOW YE,THAT We,ARTHUR V.SILVESTRI and CINDY J.SILVESTRI, both of the Towri ofSouth Windsor,-County-of Hartford and State-of Connecticut - - - - -- -- - ("Grantor"), for TEN ($10.00 DOLLARS AND OTHER CONSIDERATION, grant to 287 STRONG ROAD,LLC,a Connecticut Limited Liability Company with offices in the Town of South Windsor,County of Hartford and State of Connecticut("Grantee"),with QUIT-CLAIM COVENANTS More particularly described upon Schedule A attached hereto and made a part hereof by reference. IN WITNESS WHEREOF,We ARTHUR V. SILVESTRI and CINDY J.SILVESTRI, have hereunto set our hand this day of July,2009. Signed anfLA red! e presen e o: Grantor; / L� as Arthur V.Silvestri i' 3ylcx� j y�nrnios�✓! Lill J.Si S STATE OF CONNECTICUT) ) SS: South Windsor,July,&_,2009 COUNTY OF HARTFORD ) Personally Appeared,ARTHUR V.SILVESTRI and C J.SILVESTRI,Signers and Sealers of the foregoing Instrument, and acknowledged be thek-free act and deed, before me. yne C topher Co sioner of the Su erior Court Growee's Address: 724 South Windng sor, CONVCYANCE TAX RECEIVED SoutH Windsor,CT Oti074 STATES LOCAL 3 No. Boo I 001960 Type. LAN 2 Book 06E Page 253 53 - 254 File# 3961 TOWNCLERKOFSOUTHWIVDSOR Volume: 2058 Page: 253 File.Number: 03961 Seq: 1 e.,i III Book: 2058 Page: 253 -)f 2 i voL. 2 0 5 8 PACE 254 p Schedule A - 2 I! (287 Strong Road,South Windsor,CT) Being that certain parcel of land situated in the Town of South Windsor,County of Hartford, 4 State of Connecticut,also being known as 287 Strong Road,as depicted on a plan entitled:"Plat : I Plan Prepared for: South Windsor Stone&Landscaping,L.L.C.,287 Strong Road,South Windsor,CT,Date:May 19,2009,Scale: 1"=20',Revised: 5/22/09,by Design Professionals, Inc."and more particularly bounded and described as follows: - s Beginning a point on the southerly right-of-way line of Strong Road,said point also being the _ northeasterly comer of the property herein described and the northwesterly comer of land now or - formerly Connecticut Light&Power Company; Thence S22°58'28"W along the westerly property line of land now or formerly Connecticut , k' Light&Power Company,274.77 feet to a point; . Thence 536*04'26"W along the westerly property line of land now or formerly Connecticut ' Light&Power Company,2.20 feet to a point on the northerly property line of land now or formerly Connecticut Light&Power Company; Thence N66°20'58"W along the northerly property line of land now or formerly Connecticut Light&Power Company,353.22 feet to a point on the easterly right-of-way line of land now or formerly Connecticut Southern Railroad; Thence N15'30'12"E along the easterly right-of-way line of land now or formerly Connecticut -_ �. Southern Railroad,70.71 to a point at the southwesterly comer of land now or formerly Arthur �i V. Silvestri&Cindy J. Silvestri; 4 €. Thence S66'20'58"E along the southerly property line of land now or formerly Arthur V. i Silvertri&Cindy J.Silvestri, 134.44 feet to a point; �. I E Thence N22058'28"E along the westerly property line of land now or formerly Arthur V. f � Silvestri&Cindy J. Silvestri,204.22 feet to a point on the southerly right-of-way line of Strong Road; Thence S67101'32"E along the southerly right-of-way line of Strong Road,228.46 feet to the - I ; point and place of beginning. 1 `t Said parcel contains 72,045 square feet or 1.654 acres. �:vEiVED FOR RECORD RECORDED IN SOUTH WINDSOR,CT BY ha -- i TOWN CLERK I! � I� a Book* ;� -, � .. �....u...�..w��.. ..y.n..., . . .. ... . ...... .. .. . ?058 Page: 255 - 1 of 2. ._. 3 Y After recording return to: VOL. 2 5 R PAGE 2 5�J Gerlt Law,LLC L P.O.Box 1132 South Windsor,CT 06074 STATUTORY QUIT-CLAIM DEED 'Plat 3`�€�2 " s y To all People to whom these Presents shall come, Greeting: , n , KNOW YE, THAT We, ARTHUR V. SILVESTRI and CINDY J. SILVESTRI, ae both of the of-South Windsor,-County of Hartford and State-of Conriecticuf - - aw or Y - ("Grantor'), for TEN (SI0.00 DOLLARS AND OTHER CONSIDERATION, grant to 275 STRONG ROAD,LLC,a Connecticut Limited Liability Company with offices in the Town of South Windsor, County of Hartford and State of Connecticut("Grantee"), with QUIT-CLAIM k COVENANTS lk `T �h More particularly described upon Schedule A attached hereto and made a part hereof by reference. IN WITNESS WHEREOF We ARTHUR V. SILVESTRI and CINDY J. SILVESTRI, have hereunto set our hand this day of July,2009. it w or- ^h� Signed and De F i t ese O• - Grantor: , E j / cut hur .4 C�� us Arthur V.Silvestri h � 4f rn�'s+.� ✓Zro�r�.-ram:-._ b`►� - �'�' Cindy J.Sil s }� STATE OF CONNECTICUT) °hg ) SS: South Windsor,July ,2009 � _ COUNTY OF HARTFORD ) : ,. 'e t` Personally Appeared,ARTHUR V.SILVESTRI IN D ILVRaTRI,Signers and Sealers of the foregoing Instrument, and acknowle e e to it t and deed, F` before me. t h W n top er GeIy1 o oner of the Su erior Court - rt Grantee's Address: 724 Strong Road South Windsor,CT 06074 aR,CT }` - CONV EYANCE TAX RECEIVED Y ,. INIIIIIWIIIINIIIIIIWU�� BIMIIIN � STATES LOCA.I_S No.Of\ Doc SD: 001960380002 Type: LAN Book 2058 Paps 255 - 256 - File# 3862 •Tr lUl TOWN CLERK OF SOUTH WWDSOR j �ei ¢ r` Page2 of 2 ..� , .: .. ..�,.o.,u � ... .._�.. ..,.. � � .. . ... YO1. 2058PACE 256 Schedule A (275 Strong Road,South Windsor,CT) Being that certain parcel of land situated in the Town of South Windsor,County of Hartford, State of Connecticut,also being known as 287 Strong Road,as depicted on a plan entitled:"Plat Plan Prepared for:South Windsor Stone&Landscaping,L.L.C.,287 Strong Road,South Windsor,CT,Date:May 19,2009,Scale: 1"=20',Revised:5/22/09,by Design Professionals, Inc."and more particularly bounded and described as follows: Beginning at a point on the southerly right-of-Way line-of Strong Road at its intersection with the easterly right-of-way line of land now or formerly Connecticut Southern Railroad,said point being the northwesterly corner of the herein described parcel of land; Thence S67°01'32"E along the southerly right-of-way line of Strong Road, 161.00 feet to a point; Thence S22158'28"W along the westerly property line of land now or formerly Arthur V. Silvestri&Cindy J.Silvestri,204.22 feet to a point; Thence N66°20'58"W along the northerly property line of land now or formerly Arthur V. Silvestri&Cindy J.Silvestri, 134.44 feet to a point on the easterly right-of-way line of land now or formerly Connecticut Southern Railroad; Thence N15°30'12"E along the easterly right-of-way line of land now or formerly Connecticut Southern Railroad,204.37 feet to the point and place of beginning. Said parcel contains 30,038 square feet or 0.690 acres. RECEIVED FOR RECORD---I.: 5 AT !p• LS A RECORDED IN SOUTH WINDSOR,CT TOWN CLERK I111 1 0 Volume: 2058 Page: 255 File Number: 03962 Seq:2 Page 1 of 1 Lipe, Michele From: Andy Krar[AKrar@designprofessionalsinc.com] Sent: Thursday, February 06, 2014 12:47 PM To: Lipe, Michele; Folger, Jeffrey Cc: Ben Wheeler; Peter DeMallie Subject: South Windsor Stone & Landscape Supply Attachments: Disturbance Area Computation.pdf Michele, Per your request this morning, attached herein is a plan (as a PDF)which shows a conservative estimate of proposed land disturbance at South Windsor Stone& Landscape Supply. I estimate disturbance to be 0.35 acres. Andrew J. Krar, P.E., LEED AP Senior Project Manager Design Professionals, Inc. -- CIVIL&TRAFFIC ENGINEERS/PLANNERS/SURVEYORS/GIS/LANDSCAPE ARCHITECTS Serving Connecticut,Massachusetts, &Rhode island P.O.Box 1167 860.291.8755 phone 425 Sullivan Avenue 860.291.8757 fax South Windsor,CT 06074 www.designprofessionalsinc.com CONFIDENTIALITY NOTICE: This e-mail message is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message. 2/6/2014 MEMORANDUM To: Michele Lipe, Town Planner From: Jeffrey Doolittle, Town Engineer pq Data 2M14 RE: Application 14-07P—South Windsor Stone & Landscaping, 287 Strong Rd. Engineering has reviewed the site plan modification received on 1/27/14 for the above site and has the following comments: 1. 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. 2. The proposed gravel drive on the west side of the property should have a 30 foot long bituminous apron. 3. 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. 4. 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. 5. 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. 6. 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. 7. On Sheet 1, it says "See Note 6" by the well for the house, but where is Note 6? 1 8. All granite posts along the side of Strong Road in front of 275 and 287 need to be moved out of the Town's ROW because they are a hazard so close to the road, and may be damaged by snow plows and other vehicles. 9. A strip of land along Strong Road to provide 25 feet from the center of the existing ROW was to be deeded to the TOSW as shown in the original approved plan. I am not sure this was done. This strip should be extended to the west across the property with the house (N/F #275 Strong Road) to the RR property, and deeded to the TOSW. Provide documentation showing that this strip was deeded to the Town. Please contact me if you have any questions. 2 Appl #14-06P, SW Stone and Landscaping Supply LLC Public Hearing 2/11/14 Planning Department Report 1 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. 2. 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. ",, J;,7 Kt4q 3. Some of the issues to beresolve d included: Closing off acc s to the existing ROW owned by CL&P located on the easterly border for acces ecause the owner never executed an agreement with CLP for use of the ROW; ermit `t' ig 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. a-,,( &A,1 cxy*w ,k 4. 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. 5. 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-fair wester y o ti�� ert or trLrc s an a s e sct creeni. ofac-tivites. 6. The Special Exception criteria include: �kA' • 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; w • 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. 7. 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. i 8. 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? ui`c ,l a p-sin..( �k- 9. 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 ot,u `/ e*Qa&9:9f 34 bins. Are the bins still proposed to be 4 and 6 feet in height? Se ral of these bins do not ea to meet the screening requir ment in the regulations w ' h states, "Excep ant mate ials, tdoor storage/sales ar all not be visible om a blic stree This screen may need to be reeval ate nce spring co sand addit onal screening may be ec sary. IO.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. I I.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. EXHIBIT A ow d NAY �7 r t i I 1 .qW _ I i I f of ff' E T SSSS• �. � R �' r �:� a .s. • x t �.T A +. NASSP ��Ilrer.F „- -- _ r c Aldr 4"10 M• M f s f Aw am r "1 sai. 4 yyj� Y �yJ. J� C• ii 1 �qk .e� y .. ._d; . .. � s'- it 'S� v •,' � , r Awl V` I. � 4t Truck Activity. South Windsor Stone A Landscape supply 287 Strong Road Month Year Personai.Large pump customer Large pump Total Truck Activity Truck Activity Truck Activity (#trucks.in&Out) (#trucks In&Out) (# rucks in&Out). Aprrl .2012 I90May 2012 111. 46 157 June 2012 93 42 135 December Z012 .1'7 9 26 January 2013' 1S 7 22 April. 2013 137 12.2 259 May 20J3 118 101 219 Lurie 2013 1 55 i55 *The above data ls.based on 24 working days permorith The data above_indicates that the.busiest reported month'for large'truck activity was,April 20 t , with 259 trucks.The above data is composite and does not reflect.peak day or-peak hour fraffic-conditions:That'is; some days of the week.are busier than:dthers,while there are busier/siov�er:Am&s'druing.the day.'However,a simple average.iridicates that the.dai.ly large truck traffic generation:during the month.of Apr1.2013,was approximately.1.1 trucks ger.day;.computed as follows; 259 trucks/24 working days=11 ti licks per lay As seen from the Truck.Activity Table,the:generation of:trucks to and fro .the facility come from.two-comporiezits;:pers�onal.damp trucks and customer.dump-trucks.Personal. dump trucks are owned by South:Windsor.S.tone:&-.Landscape-Supply-and are driven by their employees.CmTendy- ,-they have three.dump trucks(6+cubic yards),.and-two. empl0ye4drtvers Customer dump trucks are owned and driven by, others. The:site:is;loeated in.the rii adle of:ari inr ustrial zone.There are:numerous.businesses:in the immediate vicuuty, located.,in the sarm:industrial zone that.generate..substantially mare commercial traf#"xc,alozig Strong Road.Some_of these,businesses. nclude.:New- ... . ._p_ LLC;�1.1T�inencan Waste,. UC,:CL&P,Fast Stuiienfi,IIz;c.,and.Old;Domrnion.vreight.Line;..np 'The.intersection.sight:lih69 for ttie newgravel.access-driveway connecting witfi Strong mit Road were reviewed. The posted speed li on Strong ft is'1()_ni tes:perbour..Tlie eastern sight distance(looking right frord.h6w site dr�vev ay)extends:over:700 feet.to just __. ..short o the Nutmeg-R.c�.a : h-iritersection.-T-Ii.e:existing-sight--distatii-yn t N-on he western _ ._ _._--------d'=i la4ik ngleff 1romaiew_gravel_site-driveway-)=exieb-n toJobu-Fitcti-Boulevard—_._---.- and beyond.The John Fitch Boulevard s" nalized:intersection.:is approx zaiely 180 feet away. ....... . _.__... SCA N I i i cC1 5 I unA d 1 1 16n fe_ r {via v � l oil fit of go " ruf C'4 0 t J � _ �a GQ , 1 r w 3 +rv- . l ' a -c(-c n u C- 'Cta cIt �,, _ a c Gccr 3 � , 49 �)u m l+c Je.f —I--„��4j Y 10 �— DUM / 1 7S � rz, Gt-rive /i✓�- y Cd ) ----_- l a n v �� 9: 's 1 �cP ll � y CQ c�� f v �cct✓ � f SJ J.._.'ry c. / { u ct,- a T (ju / O f t�G ea 11) S �^ e� r rnCnr C. ' �1 Chi o fit. of ; 02 / CLk e Lc JC A If i a y Tr-IAc � I An C _rrt - 1 5- cQ rrl-, M _ 01 Tom__cat a F T ('Ac OQ n SSG ecA j n� G C vl-anl � 1 ; D LA ry as , Il- ru i us scot l (/ r 3 ��cZe Vj C1f r r t U G rn F �^ 1 i � U frvcC C� ry��J � C. Cryri � 3iAj `Ir>tj I 1CO- P reci If T-Y I n rr-e Ic r J i n c c u ry.,p l� er Y rat . Cairn Yigy - 3Y 3 asp SO 14 C n, &Vur� e_ A-(Q `zx Co r d J: qc,,,c s — r hcm r, t' I IlQrlc.� , �,-Lc e144ur -- N i 1 / CnJ l ��e✓J e..d f �f'a l En 76-,l f /CCt U,v1� i 0 A , oe C� �Urti 1�,C.( d ra rs i tom« s s 'r i r ' 6 i 1 ! 10)Fencing(6' white plastic)has been added around the existing residence for safety,privacy, screening and aesthetics; ® 11)DPI's traffic engineer has submitted some additional observed traffic counts on Strong ® Road(witnessed by ZEO); 12)DPI conducted an additional sound study for background noise and operational sounds, ® which has been submitted to the Town. The ZEO was present during the entire monitoring ® Q14) The Town Planner was present during some of the monitoring effort. All sound ® rements were satisfactory and met existing noise standards; • ® ient has provided additional information on peak days in 2013 (all transactions ® ing a car or pickup)and small truck deliveries. These transactions could involve sale ® ant, garden supplies, or bulk items. The total daily volume is low; ment list at Strong Road facility includes 2 triaxles, 1 small dump truck, 1 Volvo nd loader, 1 Trommel screener, a Y2yard Bobcat, and a Volvo 1 yd. front end loader; -G • • • • • • • • • • • • • • • • • • e • • • • e • • • • • • • • e • • s e • s 0 • • e 0 • 0 • • • • e • 0 • e • s o 0 e • • e e 0 • • • • G:\jobs\2646\Dots\Applications\2014 0127 Special Exception\2014 0127 Narrative.doc 3� SOUTH WINDSOR STONE & LANDSCAPE SUPPLY 287 Str6iig Road; South Windsor, CT. 06074 Office 860-289-4347 Fax 860-291-8979 Store Walk In Store Small Deliveries 6yd Truck _ .-...... 18,-2013 - 7 3 April 26, 2013 7 3 April 27, 2013 12 no small deliveries May 06, 2013 8 8 May,17, 2013 8 4 May 24, 2013 June 1, 201-3 fuw I 7,m 2013 5 _. 1 3 Town of South Windsor, CT- PZC Minutes 09-10-2013 Page 2 of 8 board titled`Strong Road Construction Summer 2013'.He stated that the reconstruction has been disruptive to both the neighborhood and to the Silvestri's business during its busiest time of the year.During the reconstruction there was far greater commercial traffic associated with that reconstruction than there ever was generated by the subject facility. Sound measurements were taken on site at the residential property lines with a calibrated meter by Zoning Enforcement Officer,Pam Oliva,and Andy Krar of Design Professionals Inc and the results reflected levels within the range of the standards of the Town and State noise ordinances. Modifications were shown on a site plan which included the originally proposed easement.That easement has now been closed off and a permanent arborvitae hedge row is proposed to be installed instead.An area in northeast corner needs to be restored to the previously required landscape area.That area presently houses bins.The original plan included a landscape island proposed in the center of the parking area which will now be installed.A few additional bins are proposed in the southeast comer of the site.Due to the loss of the reciprocal easement access a secondary means of ingress and egress is proposed to the south of the water detention basin and out to Strong Road to facilitate operations on the site and move operations away from the residential neighbors.In the northeast corner required landscaping on the original site plan was not installed instead it became a gravel area with bins facing Strong Road.The bins in that area will now be removed and the arborvitae hedge row will be restored as well as the landscape area. There are two buildings on site.The main building houses a customer service display area,an office and a warehouse garage facility in the back.To the south of that structure is a`hoop building'and to the south of that hoop building is where the mobile screening operation takes place.They are requesting permission to operate the mobile screener.The applicant has in recent weeks installed an underground irrigation system to control dust.The office of East Hartford Sand and Gravel, a company also owned by the applicant,is also housed on the site for business by telephone only. Mr.DeMallie stated their traffic statement was submitted to the Town Planner today and is being submitted to the Commission at the meeting.The prior traffic statement was also referenced.He stated the volume of commercial truck traffic with loads of 6 yards and larger as eleven commercial vehicles per day on average. Commercial truck traffic in the area has increased with the improved economy creating more commercial traffic,a bus company which uses Strong Road all the time,metal recycling and refuse recycling operations from Nutmeg Road,and trucking terminals on Strong Road,trucks also come from Redland Brick and New England Silica whose driveway is diagonally across from the site.This spring and summer Gerber Construction and their many subcontractors also generated a tremendous amount of truck traffic for the neighborhood.Many vehicles not associated with the Silvestri's business were turning around on their site.The Town Planner was notified about that situation. In the narrative statement the applicant is asking for a modification to the public hours of operation:Monday through Friday,7:00 A.M.to 5:30 P.M.;Saturday,7:00 A.M.to 5:30 P.M.(April 1 through Labor Day)otherwise 7:00 A.M.to 2:30 P.M.(Labor Day through March);Sunday 10:00 A.M.to 2:00 P.M.with no screening of materials. Attorney Wayne Gerlt,on behalf of the applicant,submitted a letter from a neighbor who lives directly across the street from the business,Ms Ann Pola,290 Strong Road,in support of the application(Exhibit A).The Attorney stated the industrial zone includes residential houses within it which surround the business.The truck traffic unfortunately exists but is not all from the applicant's business.Steps have been made to correct the flow of traffic on the site.The applicant was surprised when CLP did not give the requested easement but amendments have been made to the industrial property by reshaping their driveway to accommodate turning radius'at the farthest point away from the residential neighbors as possible.The applicant is trying to accommodate both his small retail and commercial businesses.The main access point near the center of the property for the Stone and Landscaping business will serve residential vehicles.The screener is integral to his business for topsoil production.The attorney invited any interested persons to go on site to listen to the screener and loader in use and witness the low volumes of sound produced. Town Planner Michele Lipe gave staff comments: • Request for modification to the special exception and site plan approval for a landscaping supply center,on property located at 287 Strong Road,I zone. This request is in front of the PZC because of complaints received by our office is May and subsequent zoning enforcement for non-compliance with the original approval granted. • The original approval granted in 2009 was for a special exception to table 4.1.1 A is for landscape materials sales and storage for his business,South Windsor Stone and Landscaping which included a showroom and office area.Additional zoning provisions for this use state: • Primary building shall be minimum 2,000 sq.ft.(excluding greenhouses); • Except plant materials,outdoor storage/sales area shall not be visible from a public street. • Also,at the time of the original approval,self storage units were approved on site and as originally designed,these buildings were to screen some of the bins and outside activities.The applicant's original plan also included the use of the existing ROW owned by CL&P located on the easterly border for access; however the was not able to reach an agreement with CLP. • The storage units were never built.Changes made on.site included a temporary structure;removed existing required landscaping islands and added several bins around the property.In addition,the nature of activities on site has expanded and the applicant now has a screening operation resulting in more truck traffic that stated with the original approval.It appears that now two businesses are operating from the site—East Hartford Sand and Gravel as well as the original South Windsor Stone and Landscaping business. • Today's request is in response to that violation notice.The applicant is requesting to expand the original http://www.southwindsor.org/Pages/SWindsorCT Planning/2013%20Minutes/SO42DA4D6 2/10/2014 3(CU ,. ., .. � .q•r _. -� � � _ • � 4 � � - / - „r:x,. .. ra ,_.r �•i .. .� a�'�, -,1. ter" 7 lv> �:.. _f_. _^' __ ,_. �. ��I ��- Yfrcr'irr' h ,�i�rrrrn, �- �_..,. ,.. _ ..,. _ r �.' _ i 7 V, �,.."'I��' v'�'"[��"+�:�.n,..�!.`�i.�.��d �.' `ice �3.+91�1'�.'', � � ,,�c �� \6. ' .,e'u � ,,,x. r _ �;�Y�1,lr"�,r{ ( 1(,�6�`�. �.'L'v Eya Jb.a��,d �'� �° l'�1� `�j �" 'd�'J`� '�/ `I � , ,i �e�yJ�l �� aka�`I� �� '�' �_ "' �� ,� ®a'� .�. , � � d� � � �"'�Huh �� , 9' .�, ,�' '�� i max' �� ";r � Y i ��I� a- n:��; �� "^'e+ �,��y �y' '' A' ,. ,� .. .e`• �, F / ^,'F 'ram ��,,,, i"f .+- i> t � 1R` .. � �� ._._... r a- �' _ � ' 1 .,r.- �, y . � ;� � �, � �� . .. _ - -- � z y � t t i , `�, h �qf'x� z1a a a� ,� v � 1{� �, P �� x `�v � �� `s,�...F+� d� a S� ��+,{� , � ...�. r e .y3 `f' .�y,.," � � ,,� �)+r Date: Friday, June 7, 2013 12:19 PM From: Oliva, Pamela <Pamela.Oliva @southwindsor.org> To: 'vbamber44@cox.net' <vbamber44@cox.net>, 'nelyrn74@gmail.com' <nelyrn74@gmail.com> Cc: Lipe, Michele <Michele.Lipe@southwindsor.org> Subject: SWSL compliance Good afternoon Mrs. Bamber, I just wanted to update you on the progress being made on bringing SWSL into compliance. Mr. Silvestri came into the office today and took out a building permit for the hoop house, which closes that portion of the violation. He has also closed the opening from his property to the access road until such time as he receives approval from CUP for use of it. In the letter from Design Professionals that I forwarded to you earlier, it was noted that noise emission testing would be performed. I witnessed the testing performed by Design Professionals Wednesday, 6/5/13 at 7:30 in the morning. While the report has not been finalized, I will tell you that during all points of the testing the activities at SWSL did not exceed the noise ordinance levels. We will keep you apprised of any new information as it becomes available. If you have any questions, feel free to contact me. Pamela A. Oliva Zoning Enforcement Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 (860) 644-2511 ext. 251 a n � r-eI"�1- evet�Iry v,aedl Date: Wednesday, October 2, 2013 8:01 AM From: Oliva, Pamela <Pamela.Oliva@southwindsor.org> To: 'vbamber44@cox.net' <vbamber44@cox.net> Subject: RE: Sound test Good morning, I'm sorry for the delay in getting back to you. I did not count the number of trucks that came in to unload, so I would refer you to the sound study at this point. As for the speed at which the loads were dumped, I have no idea, and haven't a clue as to how that would be determined. I will forward your questions to Design Professionals and see if they can provide any additional information. Pamela A. Oliva Zoning Enforcement Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 (860) 644-2511 ext. 251 -----Original Message----- From: vbamber44@cox.net [vbamber44@cox.net] Sent: Tuesday, October 01, 2013 6:54 PM To: Oliva, Pamela Subject: Sound test Pam, Can you tell me when you will be replying to my email in reference to the sound testing. Thanks Virginia Bamber a Date: Wednesday, October 2, 2013 10:39 AM From: Lipe, Michele <Michele.Lipe@southwindsor.org> To: 'vbamber44@cox.net' <vbamber44@cox.net> Cc: Oliva, Pamela <Pamela.Oliva@southwindsor.org> Subject: RE: sound testing Virginia, We were on site to witness the testing. Pam was on site the entire time. I do not know the exact time I was there; however I was there before any trucks were arriving as well as for a period of time after trucks were dumping. . . .probably an hour or so all together. Michele Michele R. Lipe, AICP Town Planner Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 (860) 644-2511, ext. 252 -----Original Message----- From: vbamber44@cox.net [.=bamber44@cox.net] Sent: Wednesday, October 02, 2013 10:07 AM To: Lipe, Michele Subject: sound testing Michelle, We are curious as to what purpose was it that Pam and yourself were at the sound testing. If you can tell me what time you were there. From reading the sound testing results prepared by Design Professionals, Inc Pam was out at the property the whole time. Thanks Virginia Bambef 10)Fencing(6' white plastic)has been added around the existing residence for safety,privacy, • screening and aesthetics; 11)DPI's traffic engineer has submitted some additional observed traffic counts on Strong ® a Road(witnessed by ZEO); 12)DPI conducted an additional sound study for background noise and operational sounds, ® which has been submitted to the Town. The ZEO was present during the entire monitoring effort. The Town Planner was present during some of the monitoring effort. All sound ® measurements were satisfactory and met existing noise standards; • 13)The client has provided additional information on peak days in 2013 (all transactions ® involving a car or pickup) and small truck deliveries. These transactions could involve sale ® of a plant, garden supplies,or bulk items. The total daily volume is low; ® 14)Equipment list at Strong Road facility includes 2 triaxles, 1 small dump truck, 1 Volvo • ® front end loader, 1 Trommel screener, a'/2 yard Bobcat,and a Volvo 1 yd. front end loader; • • • • • � r � fad �r3 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • s • • s • 0 • e • s • • • • e • e • • • • G:\Jobs\2646\Docs\Applications\2014 0127 Special Exception\2014 0127 Narrative.doc e a Location: Sound measurement location#1(driveway of brick house) General Condition: Background sound(nothing operating at site) Weather: Sunny,6W F,negligible wind Atmosheric pressure=30.06"mercury Humidity=85% 130 42fl ... --..... 't - " + - --F' ------ ------------ ' "-----------------------i------------- t00 90 --+----------------._--------------- -------------- -----' -----`- •-.- m 70 60 -f ---------- ------1 4------ ------+--- 5 —' ' ----------- 4t? :s0 Start Time: 9/20/2013 9:03:43 AM Sampling Rate: 1 second Data No: 614 Avg,: 55.4 1,9=48.0 Maximum: 86.1((g 9:13:39 AM Minimum: 45.9@ 9:10:46 AM a Operator Notes; 4 4v a1 Tr.x,i+� '1aGv1 ew0. � `Try rrr y as'c5 G+s t a�i1 Q�5 q tx'S1 r:nr i�i�6 err °1 s2 9T gr.S a �'teFli r4v+�6 E y 4 ';o crr rss iPtra!n j g=S? 38 car $•Si a� Tr.eek 8'51 as c r i 5$ 31 r 91 is car nj as ri €or a Date: June 20,2013 Location: Sound measurement location#2(#306 Strong Road) General Condition: Background sound(nothing operating at site) Weather., Sunny,W F,negligible wind Atmosheric pressure=3G.W mercury Humidity=85% 130-920—:08AM 120 -------------- ------------- -------------- ------------------------------------ --------- ............. Ito --------------- ---------------------- ------------ ------ ------------- 100 -----------—...... ------------------------------- .............. ----------- ........... 90 -----------i----------4-------------i-------------- -------------- ----------- - ------ ------------- ------------- 80- ------ -------- --- ----------------------------------------- ---------------:------------- -------------- ------------- -------- --- - ----- ------------------ -------------------- ------ .............. ------------- ----- ----- so- 40 ............. ............. ............. ----------- ............ T........................ ............ 3011 Start Time: 9:22:06 AM Sampling Rate: 1 seeDnd Datallo: 622 Avg.: 54.2 Lgo=47.3 Maximum., 85.7 @ 9:24-40 AM Minimum: 45.6 930:02 AM Operator Notes: I'M -D-0, June 20,2013 Location-, Sound measurement location#3(CL&P driveway) General Condition: Background sound(nothing operating at site) Weather: Sunny,60°F,negligible wind Atmosheric pressure=30.06'mercury Humidity=85% 130 :38:34 AM ................ 120 ----------------------------:--------------i--------------i-------------- -------------- 110 .... ............... --------------------------------...... ---------------- -----------------------. ............ 90.......i..............i---------------------------- ------------- -------------- --------------............ -------------- -------------- ----------- 80 ----------- 70 ----------- -------------- ................ --------- -------------- ------------- ................. ------------ ------- ----- ....... - ----------- -- ---------- ------------- --------------- .... ------------------------7------------------ ....... .............. -------- ------------- 30 . . . . . . . Start Time: 9:38*34 AM Sampling Rate: 1 second Data No: 615 Avg.: 49.8 1-90=45.9 Maximum: 71.3 @ 9:39:40 AM Minimum: 44.2 @ 9:41:49 AM Operator Notes: Titit Evt'e� 'As W d 1 14 5'.s sb crytd 'n; -, 3€ 'I.' Oar j r5 SI '{•gts9 �ws - - R a?b IS cs?t cWsc atp it 1 yry A firdc k . tk5 tg F�+ck " 4'4 51t5►3 �•M�t A�Tnck Miy sr�iK - 19'1 t0 • a Date, June 20,2013 Location: Sound measurement location#3(CL&P driveway.) General Condition: Combined sound(payloader&screener operating) Weather: Sunny,609 F,negligible Wind Atmosheric pressure=30.06"mercury Humidity 85% 130- -- ----------- 120- ........ ----------- ------------------- ---------- ------- ........... -------------- ---------i---------- -------- ----------- 110- -------- ------ --------- -------------------------------- 100 ------ ---------- ---------- 90-7:4----------f-----------------------------------------f---------- -------------------------------- ------------------- ---------- .......... ----------- ........ ------ ------ ---------- -------------------- ------------------------------ ----------------------------------------- ---------------- ......... --------- 60-4---- ----I--------- --------------------- ---------- 50- -- ---- ....... --------- --- . ..... 40 ................................................. .................................... ........................ ----------------- 301: Start Time: 10*01:46 AM Sampling Rate- I second Data No: 846 Avg.: 52.3 %the associated with 61 DbA=99 Maximum: 68.7 @ 10:09*48 AM(Payloader dumping stone in customer's pick up truck Minimum: 47.5 @ 10:07:55 AM Loudest recording while dump truck was dumping=61.3 Operator Notes, )' Ears n.rtw�• ,a ai 451 yry o. N W L} c o Aj r6 si SG s et v2 r.3n(q.Few Inrt F( c�te.e a 6ii.Taa;c !D is 3> -CwFreyek lr..T H "A" y 0 11V O net trf M EwrT +t A a a• va fia td6 a Dafie: June 20,2013 Location; Sound measurement location#1(brick house) General Con ft—r: Combined sound(payloader&screener operating) Weather Sunny,60"F,negligible wind Atmosheric pressure=30.061 mercury Humidity=95% 134 kfp __ __._. .__.. ......._ 100 __ .... ____.._ _ .... . ..... . ..... ----------- .......... _..._... �Q .{..,...._,__ ....... •__..... .. . - -T------------'_ ._.a............}. .___.,. - ---------- ........... TJ _ . __ ... _ .._..' }. 30. Start Time: 16:34:33 AM Sampling Rate. 1 second Data No. 761 Avg., 64.$ Wfile associated with 61 DhA=92 Maximum: 7ti3 @ 1639:51 AM(Car passing while payloaderwaS in reverse) Minimum: 47.4 @ 10:45:42 AM aperatar Motes: ,-ems € • - w San y.rrr it+(ttS i4 qf#ni—yr K. 4�.s�.— cv h VS ia.t t.+i T.,"•.�,m 93:�4! a y Qate: June 20,2013 Location: Sound measurement'location,##2(#306 Strong Road) General Condition: Combined sound(payloader&screener operating) Weather: Sunny,60"F,negligible wind Atmosheric pressure=30.06"mercury Humidity=85% 130 fU19:33 AY 120-13 , ♦ . 11Q ------------------------ ----•-- _------------Y------------: ----- ---------- 100 ------- ----------- ------------ --- --- ..... -------- ------- -------- .-- , r : 50 s ..........•. _...._----- -----------{----------- ;-------- 1------------i------------i---- ------- ------------...........-------- 70 so- - ....._x. ------ •.. ... _.. _ -- ..... ._------ ....................... ......... ............ .... 0 . . . • . • r 30 Start Time: 10:19:55 AM Sampling Rate: 1 second Data No: 705 Avg.: 57.0 %the associated with 61 DbA 81 Maximum. 87.4 @ 10,25:25 AM(Truck drive by) Minimum: 50.7 @ 10:28.17 AM Loudest recording while dump truck was dumping&no vehicle drive by 62.3 a A Operator Notes: w�'sl raf ay,Y Y.� eL zt Il s4 it. T"Rvd a r,ii risw. 3.04 (y�♦ *a`z 4i Ys91 - w€e-sSl 7i�i if tY so Ito,. za1tF4 W Hill -4 Jowl, t�iq`9Y rY' M3i?r�F �= 4': Town of South Windsor, CT -PZC Minutes 09-10-2013 Page 4 of 8 • The proposed access driveway and possibly the soil stockpiles and equipment are up close to the existing water quality basin. There need to be some measures to protect this water quality basin from sediment, debris and other impacts from the operations proposed and/or occurring around it. • Show all(granite)posts along the side of Strong Road in front of 275 and 287. Any(granite)posts in the Town's ROW need to be moved out of the ROW because they are a hazard so close to the road,and may be damaged by snow plows and other vehicles. • Show the new radius of the driveway to the CUP property on the eastern side of the site,where it has been reduced and(mostly)moved off 287 Strong Rd property. Mr.James Throne,a customer of South Windsor Stone and Landscaping,spoke in favor of the application stating he did not understand the complaints being raised against a successful business working in an industrial area. Mrs.Virginia Bamber,resident of Strong Road representing some of the neighbors of Strong Road,spoke in opposition to the application stating she filed a complaint in April because the truck traffic had increased dramatically over the last seven months.Mrs.Bamber stated Mr.Silvestri was issued a notice of violation on May 13th which required him to come before the Commission with new plans.Two of the violations have been taken care of as of today.The l st was for a`hoop house' which was put on the property without the benefit of a permit.The 2nd violation concerned the CLP driveway for which in 2009 the Commission required a letter of approval from CLP to exit the end of his property onto theirs which he never provided.She stated the applicant has been trespassing for three years on private property.For the last three years the business and neighborhood coexisted peacefully but in March the tri-axle dump trucks,screener and payloaders came in. She described the volume of noise and dust from three pay loaders and screeners and bins that have been enlarged,jersey barriers which have been heighted and safety issues with piled up pallets and the unkempt site.She stated 39 dump.trucks were counted in one day and that Mr.Silvestri is doing all of this without the permission of the Commission.Ms Bamber thinks Mr.Silvestri is moving his East Hartford Sand&Gravel business to the site.She stated even after he was not given permission to use the CLP driveway he has moved the barrier and let trucks through.The property is too small for what he wants to do.She submitted documentation of activities on the site to the Commission(Exhibit B). Ms Fay Durfee,resident of Strong Road for 36 years where the CLP driveway runs between their property and the Silvestri's,spoke in opposition.She described Mr.Silvestri as a very disrespectful neighbor especially since this spring describing the site with balloon`hoop house',trucks and dust as a mess with barriers piled high.She stated the site now is too small for the business taking place there and application approval should not be granted. Mr.Lionel Harris,resident of Strong Road,agreed with the prior speakers describing their neighborhood as formally quiet but now very different.He stated his daughter almost had an accident being run into by a dump truck.He described his ceiling cracking and his house shaking because of the heavy truck traffic and emphasized the increased truck traffic this year. Mr Rick Bamber,resident of Strong Road supported his wife and neighbor's complaints.He described the sounds he hears through the day within his house when tri-axle vehicles come into the site and dump their loads as loud and frightening.He stated concern about property values of their homes and that there is not enough room for the gravel business on the site. Ms.Nancy Jackson stated she is a 30 year resident of Strong Road and that the last few months have been very difficult for health issues.The land is too small to have two businesses on one property.She has witnessed near accidents and has safety concerns for school buses on the road and the neighborhood which they are proud of. Commissioner Wagner asked about non-conforming residential properties.Planner Lipe stated the houses are existing in the industrial zone and although non conforming to current uses allowed in the industrial zone,they have every right to exist. Their right to be there is not taken away even in the industrial zone and can be sold as residential homes or as industrial property.Commissioner Wagner read the town ordinance concerning noise and asked to what extent the noise regulations apply to the business.The Town Engineer answered they do apply in the industrial zone and those limits need to be looked at in this case and will return with comments. The Commissioner stated noise and dust are impacting residents.He stated safety issues in respect to any children occupying the house or visiting need to be addressed and asked if the house could be sold in the future as a separate lot.Attorney Gerlt replied in the unlikely event the house was sold separately an easement would have to be created or the driveway removed.Wagner asked the Town Engineer to comment about complaints that the site is too small for what the applicant is doing.Mr.Doolittle stated the size of the site is based on coverage ratios and if the activities can fit on the site and more information is needed to determine if it can fit.The Commissioner stated he did not think the number of trucks using the site could be limited in an industrial zone but that the other issues raised need to be addressed. Commissioner Butter asked whether a sound study was done on the site.Mr.DeMallie stated Engineer Andy Krar from Design Professionals Inc took sound readings on site accompanied by Zoning Enforcement Officer,Ms Pam Oliva,as witness.Mr.DeMallie will submit-the sound study into the record and described where the study was taken and what was being measured.Town Planner Lipe asked Mr.DeMallie to distinguish between the types of noise being measured since screener and front end loader operations were recorded but not the customer's trucks unloading. She stated the noise ordinance addresses impulse noise and its associated noise levels.Commissioner Butter shared Commissioner Wagner's concern that the driveway is located within another property and whether an easement would be asked for today as part of the application.The Planner stated they are presently separate lots which could be sold at any time and referenced Attorney Gerlt's prior comment that if the property was to sell an easement would be added.From a planning perspective the lot is not part of this site. Commissioner Marrero agreed with town staff stating the proposed access drive is not adequate for truck traffic as well as http://www.southwindsor.org/Pages/SWindsorCT Planning/2013%2OMinutes/SO42DA4D6 2/10/2014 We are here tonight revisting Mr. Silvestri's request to add to the activities of his current business approved in 2009. Mr. Silvestri attempted to receive approval in 2013 to conduct the same new activities that he is requesting to conduct tonight . Mr. Silvestri in Oct 2013 withdrew his plans, whichhe submitted at least 3 times, because he could not show that the new activities conformed or were within the health and safety of the neighborhood or address concrns expressed by your committee. Mr. Silvestri is asking this committee to approve the change of property at 275 Strong Road to business and requesting to add the additional top soil screener and access driveway. . Mr. Silvestri currently has two businesses in South Windsor. One is S WSL and the other is EHSG. Before early 2013, (2010 to 2013), no one could really tell that he had two businesses. The business currently at 287 Strong Road known as SWSL was approved to sell Stone and Landscaping materials . The other business activities of EHSG operates on a quarry behind Redland Brick Company on John Fitch Blvd which by the way is where the screener and EHSG trucks are and were located. Noise levels low, upkeep of property good,traffic flow unnoticeable for a business selling stone and mulch. On the property Mr. Silvestri had a few trucks, small pay loader and %2 bobcat with all the materials sold from bins, which by the way was required in the original approval. In early 2013,my neighbors and I noticed that Mr. Silvestri moved a top soil screener (refer to pictures)to his property,additional large pay loader,and the entering and exiting of several large tri axle EHSG dump trucks. He was processing raw materials now on 287 and 275 Strong Road,not selling the processed materials on site. These were violations of his original approved business activities by PZ and he was issued NOV. In order to process the materials being requested to begin again, Mr. Silvestri had several large tri axle trucks entering and leaving every day from early March through September. The majority of the sand being brought in was being transported from the quarry. Mr. Silvestri would on several occasions drive the large pay loader back and forth between the quarry and properties on Strong Road. The banging of the gate on the dump trucks including the banging of the bucket on the large pay loader picking up the unscreened sand and moving it to the screener and then picking of screened sand and loading it back in the mostly EHSC dump trucks, was unbelieveable. He created piles of unscreened soil and piles of screened soil. Many cases trucks would stay and just be refilled with the top soil that was screened previously. We lived through all of this during several months of 2013. So as you can see,Mr. Silvestri is not presenting this committee with new plans to conduct new activities but same activities that he applied for and then withdrew in 2013.. On these new plans Mr. Silvestri is just showing the sand piles on the 275 Strong Road property. From the pictures it looks like the screener is in the same spot. The addendum to the plans is the same information as was submitted in 2013. We are here tonight to hopefully have you see that the activities of this processing of raw materials should not be allowed and therefore granting of the change in residency should not be needed. Mr. Silvestri's atty is presenting you with facts about these new activities as he and Mr. Silvestri see it as not disrupting the quality of life ibr me, my husband and my neighbors and meeting PZ regulations under 8.4 14 criteria.. My neighbors and I see differently (hoping you will also see differently)and that we are the ones who live every day around SWSL and have experienced the results of the life we had to live in most of 2013 due to the activities he is asking to be allowed to conduct again. 1.- Mr. Gerlt is stating since we are industrial,this processing of raw materials should be allowed. . Yes. We are industrial but as you will note in the minutes of the meeting last year your committee addressed the fact that our houses still exist around S WSL and that the minutes even address that just because industrial which came after our homes existed we should still have a good quality of life. 2. NOISE TESTING: Mr. Gerlt is stating the noise of the screener was tested and met the standards. What he is not telling you is that the screener, using last year as evidence,.was running all day from around March through when Mr. Silvestri withdrew his plans. He stopped in October because then the screener was moved off the property as he was in violation of his original plans. Mr. Gerlt is also stating the dumping of the sand being screened was tested and met standards and verified by the EO, but not telling you that the unscreened top soil is carried into the property on large triaxle dump trucks owed by EHSG. The narrative statement indicates that the banging of the dump trucks,large construction payloader and screener are not-in violation of noise ordinance guidelines. Mr-Gerlt was also asked by your committee to conduct a sound testing of the dump trucks. This was supposedly done on 9/20.. Per Mr. Gerlt this testing was conducted with the town E/O and P/O present. Mr.Krar in his report stated they tested the dump truck unloading, screener and the traffic on strong road. Mr. Krar's results concluded to the town that the nose levels by the equipment on S WSL measured lower then the traffic going up and down strong road. He is also indicating heavy traffic of vehicles from surrounding businesses. Notates vehichle types that went by. What is interesting is I provided you with an email that the E/O sent me 6/7 indicating she did a sound testing with a Design Professional employee. Does not indicate P/O was there. No report apparently was submitted even though the E/O stated in email one would. In the minutes of the meeting 9/10 Commissioner Butter asked about the sound testing and Mr. DeMallie indicated sound readings were done with E/O being present. Did not state when but stated he would submit report. We were notified, by email,that on 9/20 the testing would be done. Report submitted with cover sheet is dated 9/20 but the readings appear to be from 6/20. WE do not disagree there are several vehicles coming up and down strong road but the noise was no where close to the sound of the dumping of the loads of sand and the banging of the bucket on the pay loader. What your committee needs to know is two things which is not being mentioned in the report. On 9/20 my husband and neighbor witnessed Mr. DeMallie and E/O on site and with tripods and believed they were testing. They witnessed only two trucks unloading. The drivers had1he tri axle dump trucks lift the bed and lower the load at a very slow rate so of course the sound would be completely different then what Mr. Silvestri trucks normally did on a day to day basis. This report is inconclusive. We can verify this as my husband and my neighbor were there through the whole testing on 9/20 as was E/O officer. But at this point we are not sure if he used data from June or Sept. The real testing should be done with the slamming of the tailgates operating at full power release. I can only assume that the testing 9/20 showed higher results. I sent email regarding the way he was testing to E/O on 10/2 and she replied she had no clue as to the way trucks-should have been tested. I also sent email same day to P/O as Mr. DeMallie states in his narrative both E/O and P/O were there and found the measurements satisfactory. P/O stated she was only there before the trucks arrived and then after. He did the testing on strong road to show you the traffic was louder going up and down every day. He tested right after the road was paved and in the drive way of 306 Strong Road and at the end of CL&P access driveway. What he was not aware of was the man hole cover in front of this residence was not set correctly. CL&P had to come out and adjust it. We had called because the small trailers on the back of vehicles was clanging and banging every time they went over that cover. This-can be confirmed as I had the town engineer out there right after the road was paved to address this issue. 3. TRAFFIC FLOW: Traffic statement indicating trucks entering and exiting SWSL are customer and personal dump trucks belonging to SWSL. EHSG trucks. See page#3. Traffic statement indicating 11 trucks per day in peak month of April using statistics for April 2013. We disagree with this. See page#3(a) example of just some of the recordings I did. I sent Michele emails constantly from April, once the complaint was filed through the summer about the dump trucks, two large pay loaders and screener. All the new activity in 2013 was due to the large dump trucks coming.and going once the screener was moved in. Narrative statement#13. See page 3(b).results 3(c). Minutes of meeting 9/10: See(3d). statements by town planner Michele Lipe. 4. DRIVEWAY: We addressed to your committee last year the screening activity and the driveway Mr. Silvestri is showing as a second driveway. As I stated,this drive is going to be-used mostly by tri axle dump trucks.Atty is also actually stating this based on the activity other then the large dumptruck he provided page 3(c). Other then selling stone and mulch Mr. Silvestri's whole goal here is to move-the activity that is at the quarry as his EHSG business to this site. This is what was witnessed by my husband and I and my neighbors and that is the whole reason for filing the complaint in 2013. I am asking this committee to review the minutes of the meeting of 9/10 which is several pages outling concerns of your committee over this driveway and the space Mr. Silvestri is attempting to use to conduct the activities that should not be conducted on this small of an area. He is_trying to use a 12 R driveway to have vehicles enter and exit. Back area appears too small for this activity along with screener and piles of sand. Memo dated 8/12/13 from Michele to Peter DeMallie addresses the fact that the driveway goes over a swaled area. See Page 4. Now does that concern just go away. Also the drainage in the back and the piles of sand were a concern. Minutes of meeting: see 4(a). 5. 14 criteria in 8.4. Mr. Gerlt indicated, but we believe has not shown, the request meets all the goals and objectives in the 14 criteria of 8.4. (2) The plans do-not show the dimensions of the back area in perspective to the what the property would look like with screener,unscreened top soil pile, screened top soil.large pay loader in area plus one or two trucks and that there is enough room for all of these items to safely move around. (3)residences in surrounding area. Conducting two businesses on this size property. SWSL and EHSG. (4)the unloading and truck traffic always results in dust going on to the adjacent properties.Mud when it rains because the large sand piles are not in bins. (5)Driveway very narrow and concerns by your committee(see minutes of meeting last year)page 6(b)and directly across from the driveway of where big businesses are located and there is already large flat beds and trucks entering and exiting. Driveway being too close to the railroad tracks and the stopping to turn into the narrow driveway causing traffic to have to stop. (7)activities will effect the quality of life for surrounding houses. (8) We believe the values of our properties will go down if the SWSL is allowed to have the screener and piles of sand all over the property. The appearance of his property. (9) Same as(8). .(10) We do not believe the general welfare of the community will be served by the new activities being requested. (11)My neighbors and I are not in acceptance of the requested activities or change in property (12)Even though we are not labled historical,the homes we live in were residences built by the Patria and Pola families who at one time owned the brick company. Homes were built before the area was industrial. (13)Most screening of top soil in surrounding towns is at a quarry or parcel of land away from homes since it involves the large screener and dump trucks. (14) The design of the current SWSL was welcomed by our neighborhood but now the property is not becoming with all the piles of sand in the back and continue to look this way if the screener and sand piles are allowed. Mr. Gerlt is indicating that the screener and activitity, if allowed,to now be moved onto 275 Strong Road from John Fitch Blvd will resolve all of these issues my neighbors and I are addressing. But he is only moving, see pictures,the screener a short distance further then it was last year including now having less land then he was using in violation of his original plans. The new activities will still result in the noise and un kept piles of sand on his property. We are asking you to consider the current plans and how much room is left to conduct the screening activities which results,as you can see in the pictures, in large trucks, large (two)payloaders on property,piles of sand,mud and dust. Thank you Virginia Baraber Richard Bamber Nancy Jackson Fay Durfee Lionel Harris Dan Carbonneau I WHO PZC Minutes 09-10-2013 Printer-Friendly Version MEMBERS PRESENT:Bart Pacekonis,Viney Wilson,Betty Kuehnel,Mario Marrero,Will Butter ALTERNATES PRESENT:Stephanie Dexter,Stephen Wagner } STAFF PRESENT:Michele Lipe,Town Planner;Jeff Doolittle,Town Engineer;Lauren Zarambo,Recording Secretary APPLICATIONS OFFICIALLY RECEIVED: ■ �. • AppL 13-36P,Sudden Service—request for a site plan modification for the addition of a 4,000 sf storage facility,on property located at 840 Sullivan Ave,GC Zone ' • AppL 13-37P,DeMallie Coverage Zoning Amendment-request to amend Article 3 Residential Zones,Table 3.1.1 A, Residential Area,Density and Dimensional Requirements,to modify Impervious Coverage and Lot Coverage in MFA/AA � f and A-20 zones;to modify Article 7,Special Regulations,Open Space Subdivisions,Table 7.14.5A to add Maximum Lot Coverage,RR,A40,AA-30,A-30-20%; and to add to Article 10,Definitions a definition for"Lot Coverage(building)" and modify existing the definition of"Building Area" .� • • AppL 13-38P,Town Square at Evergreen Walk-request for a site plan modification for architectural changes to the approved apartments;addition of six garage buildings(totaling 42 spaces);and an outdoor pool area with cabana,to be p known as the"The Haven at Town Square",on to be located on a portion of 151 Buckland Road[within"Evergreen Walk"],and being approximately 1,200 feet west of Buckland Road and 400 feet north of Smith Street,Buckland Road Gateway Development Zone PuNiC VYbrks PIut�-3-1 PUBLIC HEARING/COUNCIL CHAMBERS CALL TO ORDER: Acting Chairman Bart Pacekonis called the Public Hearing to order at 7:30 p.m. Secretary Commissioner Wilson read the legal notice as it was published in the Journal Inquirer on Thursday,August 29, and Thursday,September 5,2013 into the record. The Acting Chairman appointed Commissioner Wagner to sit for Commissioner Carroll and Commissioner Dexter to sit for Commissioner Foley and welcomed Commissioner Butter as a full member of the Commission. • Appl.13-32P,South Windsor Stone&Landscaping Supply,LLC-request for a modification to the special exception previously granted to Article 4,Table 4.1.1A and site plan approval for a landscape material sales and storage business property located at 287 Strong Road,I zone Mr.Peter DeMallie of Design Professionals Inc representing the applicant,Mr.Art Silvestri of South Windsor Stone& Landscape Supply,presented the application with their attorney,Wayne Gerit.He described the site plan and special exception approval which was previously granted by the Commission in July of 2009 and described the site located in the middle of an industrial zone on a map.He described one of the primary reasons for the application is to modify site access. The previously proposed reciprocal travel access easements which would have given Connecticut Light&Power(CLP) access to a driveway on the Silvestri's property to accommodate CLP traffic and would have given the applicant access to the rear southeast cornier of their property along the CLP right of way did not happen. Mr.beMallie described the equipment used on site for their permitted uses in the industrial zone to process the materials they use to make them the number one producer of high quality top soil in the area for their customers and area nurseries. The Silvestri's have invested in an internal screetner that does not generate unnecessary noise to produce their product and also acquired a new smaller and quieter front end loader to load vehicles.They also compost the majority of collected leaves from the town to create the top soil that is the backbone of their business. Mr.DeMallie stated their intent is to address neighbor complaints the town has received regarding the applicant's business and to make a slight adjustment to their hours of operation during their busiest season from April to June. At the time of approval for their 3,000 sq ft building,a strip of land along the street frontage was donated to the town per the Town request to accommodate future street improvements and widen the right of way.Over time the Silvestri's have donated three parcels of land to the South Windsor Land Conservation Trust totaling approximately 50 acres,making them the largest private land donor to the South Windsor Land Conservation Trust in the town. Mr.DeMallie stated Gerber Construction was hired this year for a total reconstruction of Strong Road and showed a picture .3://www.southwindsor.org/Pages/SWindsorCT Planning/2013%20Minutes/SO42DA4D6 2/11/2014 neighborhood and to the Silvestri's business during its busiest time of the year.During the reconstruction there was far greater commercial traffic associated with that reconstruction than there ever was generated by the subject facility. Sound measurements were taken on site at the residential property lines with a calibrated meter by Zoning Enforcement Officer,Pam Oliva,and Andy Krar of Design Professionals Inc and the results reflected levels within the range of the standards of the Town and State noise ordinances. Modifications were shown on a site plan which included the originally proposed easement.That easement has now been closed off and a permanent arborvitae hedge row is proposed to be installed instead.An area in northeast corner needs to be restored to the previously required landscape area.That area presently houses bins.The original plan included a landscape island proposed in the center of the parking area which will now be installed.A few additional bins are proposed in the southeast corner of the site.Due to the loss of the reciprocal easement access a secondary means of ingress and egress is proposed to the south of the water detention basin and out to Strong Road to facilitate operations on the site and move operations away from the residential neighbors.In the northeast corner required landscaping on the original site plan was not installed instead it became a gravel area with bins facing Strong Road.The bins in that area will now be removed and the arborvitae hedge row will be restored as well as the landscape area. There are two buildings on site.The main building houses a customer service display area,an office and a warehouse garage facility in the back.To the south of that structure is a`hoop building'and to the south of that hoop building is where the mobile screening operation takes place.They are requesting permission to operate the mobile screener.The applicant has in recent weeks installed an underground irrigation system to control dust.The office of East Hartford Sand and Gravel, a company also owned by the applicant,is also housed on the site for business by telephone only. Mr.DeMallie stated their traffic statement was submitted to the Town Planner today and is being submitted to the Commission at the meeting.The prior traffic statement was also referenced.He stated the volume of commercial truck traffic with loads of 6 yards and larger as eleven commercial vehicles per day on average. Commercial truck traffic in the area has increased with the improved economy creating more commercial traffic,a bus company which uses Strong Road all the time,metal recycling and refuse recycling operations from Nutmeg Road,and trucking terminals on Strong Road,trucks also come from Redland Brick and New England Silica whose driveway is diagonally across from the site.This spring and summer Gerber Construction and their many subcontractors also generated a tremendous amount of truck traffic for the neighborhood.Many vehicles not associated with the Silvestri's business were turning around on their site.The Town Planner was notified about that situation. In the narrative statement the applicant is asking for a modification to the public hours of operation:Monday through Friday,7:00 A.M.to 5:30 P.M.,Saturday,7:00 AM to 5:30 P.M.(April 1 through Labor Day)otherwise 7:00 A.M.to 2:30 P.M.(Labor Day through March);Sunday 1.0:00 A.M.to 2:00 P.M.with no screening of materials. Attorney Wayne Gerlt,on behalf of the applicant,submitted a letter from a neighbor who lives directly across the street from the business,Ms Ann Pola,290 Strong Road,in support of the application(Exhibit A).The Attorney stated the industrial zone includes residential houses within it which surround thre business.The truck traffic unfortunately exists but is not all from the applicant's business.Steps have been made to correct the flow of traffic on the site.The applicant was surprised when CLP did not give the requested easement but amendments have been made to the industrial property by reshaping their driveway to accommodate turning radius'at the farthest point away from the residential neighbors as possible.The applicant is trying to accommodate both his small retail and commercial businesses.The main access point near the center of the property for the Stone and Landscaping business will serve residential vehicles.The screener is integral to his business for topsoil production.The attorney invited any interested persons to go on site to listen to the screener and loader in use and witness the low volumes of sound produced. Town Planner Michele Upe gave staff comments: • Request for modification to the special exception and site plan approval for a landscaping supply center,on property located at 28.7 Strong Road,I zone. This request is in front of the PZC because of complaints received by our office is May and subsequent zoning enforcement for non-compliance with the original approval granted. • The original approval granted in 2009 was for a special exception to table 4.1.IA is for landscape materials sales and storage for his business,South Windsor Stone and Landscaping which included a showroom and office area.Additional zoning provisions for this use state: • Primary building shall be minimum 2,000 sq.ft.(excluding greenhouses); • Except plant materials,outdoor•storagetsales area shall not be visible from a public street. • Also,at the time of the original approval,self storage units were approved on site and as originally designed,these buildings were to screen some of the bins and outside activities.The applicant's original i plan also included the use of the existing ROW owned by CL&P located on the easterly border for access; however the was not able to reach an agreement with CLP. • The.storage units were never built.Changes made on site included a temporary structure;removed existing required landscaping islands and added several bins around the property.In addition,the nature of activities on site has expanded and the applicant now has a screening operation resulting in more truck traffic that stated with the original approval.It appears that.now two businesses are operating from the site—East Hartford Sand and Gravel as well as the original South Windsor Stone and Landscaping business. • Today's request is in response to that violation notice.The applicant is requesting to expand the original p://www.southwin&or.or&ages/SWindsorCT Planning/2013%2OMinutes/SO42DA4D6 2/11/2014 special exception approval. • The applicant is proposing expanded hours of operation.Changes from the previous approval include the additional of Sunday hours and later hours on Saturday April 1 through Labor Day. • Other changes include additional bins. The original approval was for 18 bins;the new site plan shows in excess of 30 bins.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'. • The rear of the property originally showed an equipment storage area where vehicles(tri-axles,trucks and a trailer)would be parked after hours.Staff originally expressed concern about potential conflicts with customer traffic in this area;the applicant had indicated that the equipment will not be on site during hours the business is open to the public. • The applicant is now requesting approval to operate the screening operation in that area—and again we have concerns that there is adequate room to do all that is stated on the plans. • The applicant has proposed a new 12 foot wide access drive on the far westerly end of the adjacent residential property(that he owns)for trucks. The new traffic pattern is a little unclear. Will this be for one way traffic?Is there adequate room to turn around with the screener and the number of piles currently on site? • The original traffic study 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. The complaints received by this office have documented a significantly larger number of trucks on a daily basis. We just received this information today and have not yet had a chance to complete our review. • Maximum impervious coverage allowed is 65%allowed,58%shown.It appears that the adjacent property is being used as a part of the operations,either that site needs to be included with zoning information and request approval for the areas that are part of this operation,etc or activities currently occurring on that site need to be to pulled back on to 287 Strong Road with all activities supported solely on the lot that is subject of this application. • Parking requirement(retail,office)is 10 spaces; 10 spaces are shown. • Two temporary signs are currently depicted in the pictures and have not been permitted;a permit is required and only the sign in front of the lot where the actual business is being conducted is allowed. • If this application is approved,the planning department would request that the public hearing remain open for the applicant to address some of the concerns raised by staff this evening and for an updated site plan. Town Engineer,Jeff Doolittle,began staff comments clarifying information about the reconstruction of Strong Road which happened this spring.The work at the western end of Strong Road happened partially in May and primarily in June.It was a period of approximately two to three weeks when there was a lot of work intensely being done on the western end of Strong Road.The contractor was instructed to keep driveways to all businesses and properties open during that time.There were a few days when parts of the road were inaccessible when large excavations were made in the road but the contractor did their best to keep access open to all businesses and if we received complaints,we responded to.them.I&Doolittle noted the traffic report that was just received shows an increase in truck traffic to this site this May and June over last May and June which infers the business was not affected significantly by the reconstruction of Strong Road. Engineering has reviewed the site plan modification received on 9/3/13 for the above site and has the following comments: • This site plan does not clearly show the traffic patterns on site,where the screener and other equipment is located and all the soil stockpiles and how the surface drainage flows on site. It is also not clear what activities may be taking place and are proposed on the lot at 275 Strong Road with the house. These issues need to be clarified on the site plan and business operation narrative. • What is the purpose of and what vehicles will be using the proposed access driveway on 275 Strong Road that leads to the south west part of 287 Strong Road? There is already an existing driveway serving the house and'garage on this property. Is the proposed access a one-way driveway? Is there a place for vehicles using this driveway to turn around on either property? How many vehicles will be using the business at 287 Strong Road(via all proposed and existing driveways)and what is the proposed traffic flow for this business? • This proposed driveway comes very close to the large 32"diameter birch tree on 275 Strong Rd. What measures will be taken to protect this tree from damage? • Clearly show the location of all equipment being used on 287 and 275 Strong Rd and the location of all soil stockpiles on both properties. • The plan shows two 6"spruce trees on the front western portion of 275 Strong Road and three 3"pine trees on the south west portion of 287 Strong Road. These trees are not all visible from the street. Insure the site plan accurately shows all trees and vegetation on both properties. • There are several sections of plastic vinyl fence that cross the property lines between 275 and 287 Strong Road. These need to be accurately shown and labeled. Why are they across the property lines? • The approved site plan called for a drainage Swale along the western side of the building at 287 Strong Road to convey storm water from the building and front area to the water quality basin in the south west comer of this property The spot elevations do not clearly show this swale. Where is the stormwater from property at 275 and 287 going? Is any storm water flowing to the water quality basin? p://www.soutliwindsor.org/Pages/SWindsorCT planning/2013%20Minutes/SO42DA4D6 2/11/2014 • r ne proposea access arrveway ana possrory the sou stocKpues ana equipment are up close to the existing water quality basin. There need to be some measures to protect this water quality basin from sediment, debris and other impacts from the operations proposed and/or occurring around it. • Show all(granite)posts along the side of Strong Road in front of 275 and 287. Any(granite)posts in the Town's ROW need to be moved out of the ROW because they are a hazard so close to the road,and may be damaged by snow plows and other vehicles. • Show the new radius of the driveway to the CL&P property on the eastern side of the site,where it has been reduced and(mostly)moved off287 Strong Rd property. Mr.James Throne,a customer of South Windsor Stone and Landscaping,spoke in favor of the application stating he did not understand the complaints being raised against a successful business working in an industrial area. Mrs.Virginia Bamber,resident of Strong Road representing some of the neighbors of Strong Road,spoke in opposition to the application stating she filed a complaint in April because the truck traffic had increased dramatically over the last seven months.Mrs.Bamber stated Mr.Silvestri was issued a notice of violation on May 13d'which required him to come before the Commission with new plans.Two of the violations have been taken care of as of today.The lst was for a`hoop house' which was put on the property without the benefit of apermit.The 2"d violation concerned the CLP driveway for which in 2009 the Commission required a letter of approval from CLP to exit the end of his property onto theirs which he never provided.She stated the applicant has been trespassing for three years on private property.For the last three years the business and neighborhood coexisted peacefully but in March the tri-axle dump trucks,screener and payloaders came in. She described the volume of noise and dust from three pay loaders and screeners and bins that have been enlarged,jersey barriers which have been heighted and safety issues with piled up pallets and the unkempt site.She stated 39 dump trucks were counted in one day and that Mr.Silvestri is doing all of this without the permission of the Commission.Ms Bamber . thinks Mr.Silvestri is moving his East Hartford Sand&Gravel business to the site.She stated even after he was not given permission to use the CLP driveway he has moved the barrier and let trucks through.The property is too small for what he wants to do.She submitted documentation of activities on the site to the Commission(Exhibit B). Ms Fay Durfee,resident of Strong Road for 36 years where the CLP driveway runs between their property and the Silvestri's,spoke in opposition.She described Mr.Silvestri as a very disrespectful neighbor especially since this spring describing the site with balloon`hoop house',trucks and dust as a mess with barriers piled high.She stated the site now is too small for the business taking place there and application approval should not be granted. Mr.Lionel Harris,resident of Strong Road,agreed with the prior speakers describing their neighborhood as formally quiet but now very different.He stated his daughter almost had an accident being run into by a dump truck He described his ceiling cracking and his house shaking because of the heavy truck traffic and emphasized the increased truck traffic this year. Mr Rick Bamber,resident of Strong Road supported his wife and neighbor's complaints.He described the sounds he hears through the day within his house when tri-axle vehicles come into the site and dump their loads as loud and frightening.He stated concern about property values of their homes and that there is not enough room for the gravel business on the site. Ms.Nancy Jackson stated she is a 30 year resident of Strong Road and that the last few months have been very difficult for health issues.The land is too small to have two businesses on one property.She has witnessed near accidents and has safety concerns for school buses on the road and the neighborhood which they are proud of. Commissioner Wagner asked about non-conforming residential properties.Planner Lipe stated the houses are existing in the industrial zone and although non conforming to current uses allowed in the industrial zone,they have every right to exist. Their right to be there is not taken away even in the industrial zone and can be sold as residential homes or as industrial property.Commissioner Wagner read the town ordinance concerning noise and asked to what extent the noise regulations apply to the business.The Town Engineer answered they do apply in the industrial zone and those limits need to be looked at in this case and will retum with comments. The Commissioner stated noise and dust are impacting residents.He stated safety issues in respect to any children occupying the house or visiting need to be addressed and asked if the house could be sold in the future as a separate lot.Attorney Gerlt replied in the unlikely event the house was sold separately an easement would have to be created or the driveway removed.Wagner asked the Town Engineer to comment about complaints that the site is too small for what the applicant is doing.Mr.Doolittle stated the size of the site is based on coverage ratios and if the activities can fit on the site and more information is needed to determine if it can fit.The Commissioner stated he did not think the number of trucks using the site could be limited in an industrial zone but that the other issues raised need to be addressed. Commissioner Butter asked whether a sound study was done on the site.Mr.DeMallie stated Engineer Andy Krar from Design Professionals Inc took sound readings on site accompanied by Zoning Enforcement Officer,Ms Pam Oliva,as witness.Mr.DeMallie will submit the sound study into fire record and described where the study was taken and what was being measured.Town Planner Lipe asked Mr.DeMallie to distinguish between the types of noise being measured since screener and front end loader operations were recorded but not the customer's trucks unloading. She stated the noise ordinance addresses impulse noise and its associated noise levels.Commissioner Butter shared Commissioner Wagner's concern that the driveway is located within another property and whether an easement would be asked for today as part of the application.The Planner stated they are presently separate lots which could be sold at any time and referenced Attorney Gerit's prior comment that if the property was to sell an easement would be added.From a planning perspective the lot is not part of this site. Commissioner Marrero agreed with town staffstating the proposed access drive is not adequate for truck traffic as well as tp://www.southwindsor.or&ages/SWindsorCT Planning/2013%20Minutes/SO42DA4D6 2/11/2014 --- -- --•--»--••-•••••--•••••.•......w........a...a..,a.....0 wuv w wu.yvuug..au.u.v uuva.ua.aav a/u uaoa uwu�,wtvc. i uo Commissioner voiced concerns also with competing truck traffic from the brickyard across the street.He and the Town Engineer discussed the property's frontage on Strong Road which had been donated to the town for a right of way. Commissioner Wilson stated she remembers the applicant's prior approval in 2009 and stated the conditions of approval have not been met.She asked what happened seven months ago to have generated so many complaints from the neighbors. She asked if the applicant amended their business without coming before the Commission.The Planner stated she would defer to the applicant to answer but that the screener presently used on site was not part of the original approval. Commissioner Wilson stated they have not adhered to the original conditions of their approval.The Planner stated they were sited because they exceeded the scope of their approval and some conditions had not been met.Expansion of the original approval is what the applicant is seeking with this request. Commissioner Kuehnel stated the Town Planner and Engineer have raised questions and comments which have not been addressed.The Planner replied they have requested the public hearing remain open in order to address some of the concerns.Mr.DeMallie stated they will address all concerns at that time. Acting Chairman Pacekonis asked about the birch tree near proposed driveway which may be impacted.Mr.DeMallie replied the branches and root system may be impacted but this will not be known until digging begins and that it is the Sylvestri's preference to save the tree.The Acting Chairman requested the noise from trucks dropping off their loads be included in the next sound study.Mr.DeMallie stated the average truck numbers submitted to the Commission are accurate and reflect all loads in excess of six yards and will confirm whether the sound from vehicles that are licensed to operate on highways is regulated under the town noise ordinance or by state law or at all.The Acting Chairman requested a list of equipment used on site be provided at the next meeting,as well as the complaint about barrier heights increasing from four to six feet be addressed,and to have truck traffic logs which were presented to Town Planner from the neighbors and truck logs from the business be submitted to have a better understanding of how many trucks access the business.He also requested information about the excess pallets being stored on site and requested to know when East.Hartford Sand& Gravel started operating out of this facility and whether it is temporary or if the activity will increase.Mr.DeMallie stated he knows the business portion has been incorporated on site but will find out if the physical business of East Hartford Sand &Gravel has been moved to the site. Commissioner Wagner asked when the screener was installed and was it associated with the 7 month period of increased activity on the site.Mr.DeMallie stated he believes the screener was acquired late last year.The Commissioner asked what has changed in the request for a special exception since 2009.Mr.DeMallie answered to build a new driveway which in part will be located on the other lot the applicant owns,to revise the site plan to show where the bins are located,to modify landscaping elements,to modify their weekend hours of operation and for the screener itself.To extend a special exception we have to review the criteria of no traffic or hazards being created,safety issues,and minimum or no adverse affects on existing uses in the area.We have heard from these residents that adverse effects are happening now.Attorney Gerlt stated they are not asking for another special exception and that this is a site plan modification and then expounded on the details. Commission Wagner stated the application is a request for a modification to the special exception previously granted.And asked what will happen if the modification is not granted.The Attorney stated they would be back to their special exception and operate out of the one driveway. Commission Butter requested to see truck logs for trucks carrying less than six yards.Mr.DeMallie stated would look into what other records exist for small vehicles. Acting Chairman Pacekonis made a motion to extend the public hearing until September 24a' Seconded by Commissioner Wagner.The motion carried the vote unanimous. The Public Hearing of September 10th ended at 9:22 p.m. REGULAR MEETING/COUNCIL CHAMBERS CALL TO ORDER: Acting Chairman Pacekonis called the Regular Meeting to order at 9:26 p.m. PUBLIC PARTICIPATION: None NEW BUSINESS:Discussion/Decision/Action regarding the following: THE FOLLOWING ARE MOTIONS MADE DURING THE REGULAR MEETING OF THE PLANNING&ZONING COMMISSION.HELD IN THE COUNCIL CHAMBERS ITEM: NEW BUSINESS • Election of Officers was suspended because two Commissioners were absent. • Appointment to CRCOG Regional Planning Commission to fill 2013 Seat left by former Chairman Patrick Kennedy was suspended because two Commissioners were absent. • Appl.13-20P,Revolutions Bowling&Lounge-request for a special exception to Section 7.13.1D.5 and site plan modification to expand their current permit to allow for seasonal outdoor activities including: 1)tent for special events(up to 250 guests);2)entertainment,including music and dancing;3)a bar and patio seating for up to 150 patrons;and 4)ateas dedicated to outdoor activities,on property located 60 Bidwell Road and 195 Governor's Highway,I zone(Continued from 6111113 and continued to 8/20/13) ://www.southwindsor.org/Pages/SWindsorCT Planning/2013%20Minutes/SO42DA4D6 2/11/2014 • 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. • 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. • 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. • If a State Traffic Commission certificate is required,no building permits will be issued until the certificate has been issued(per CGS§14-311). • In the event additional parking is needed,the applicant will be responsible to provide more spaces on the adjacent property. • Food establishments must be incompliance with all Public Health Code requirements.Health Department must be consulted prior to the commencement of construction of any kitchen interior space and/or outdoor space to be used for food and beverage service. • The fire marshal's office and building department must consulted and appropriate permits obtained for changes to the exterior of the building and temporary tents for special events. • Activities that are permitted under this approval include: 1)tent up to 60'X 100'for events(up to 250 guests);2)entertainment including music and dancing;3)a patio for sales of food and beverages,including a bar,with maximum seating of 150;and 4)areas primarily dedicated to outdoor recreational activities,such as volleyball. • Hours of operation are limited to: • Outdoor Hours(maximum hours):Music I P.M.to 11 P.M.;Events-1 P.M.to I 1 P.M.;Outdoor Patio 1 PM to midnight. • Indoor Hours(maximum hours):9 A.M.to midnight Sunday thru Wednesday,to I A.M.on Thursday,to 2 A.M.on Friday,and to 3 A.M.on Saturday.Operation graduation events may run through the night(Iock down). • Alcoholic Beverages(maximum hours):Outdoors-patio-open-I I A.M.-until-midnight;Events 9 A.M.to I 1 P.M.,except 11 A.M.to I I P.M.on Sunday.Indoors 9 A.M.(except Sunday 1 f A.M.)-thru midnight (Sun-Wed),I A.M.on Thursday,2.A.M.(Fri&Sat). • The speakers shall be directed towards the north,facing away from the residential neighborhood to the south at all times. • The owner must have a sound meter on site during all outdoor events and measurements are to be taken periodically and shall be recorded and logged. • The owner is required to conduct sound readings at the fast two events large outdoor events(100 or more people).The information gathered shall include noise readings on site,off site including date and time taken at several intervals throughout the event and submit to staff for review. • The owner must provide town staff with contact information for the current general manager of the facility including phone and email. • In the event that town staff receives noise complaints,the staff may require the applicant to provide sound reading,conducted by a third party,at the next outdoor event to demonstrate compliance with the town noise ordinance. If noise complaints continue and the applicant is in violation of the noise ordinance,the applicant may be required to take some mitigating measures(e.g.construct band shell)to reduce the sound and/or the PZC may reduce the hours of outdoor music. 9 The applicant is responsible to have security measures replace to monitor the parking areas through the duration of the events." Seconded by Commissioner Kuehnel. Acting Chairman Pacekonis stated sound tests previously done were not done to industry standards.He requested requiring all future tests to be done according to industry standards with the sound meter I or 1.5 meters off the ground with the instrument on a tri-pod.He also stressed the Commission has the option to amend hours of operation if more complaints come in from the residents. Acting Chairman Pacekonis called the motion. The motion carried and the vote was unanimous. • Appl.13-30P,Isherwood Zoning Amendment -request to amend Article 3 Residential Zones,Table 3.I.IA,Permitted Uses,Impervious Coverage and other Provisions Zone,to add"Rooming House"as a use permitted by special exception in A40 residential zones and amend Table 6.4.3A Minimum Required Parking Spaces-Residential Uses to require I space for each bedroom in a rooming house tp://www.southwindsor.org/Pages/$WindsorCT Planning/2013%20Minutes/SO42DA4D6 2/11/2014 Commissioner Marrero stated rooming houses have an 80 year history of being allowed in South Windsor.The Planner replied the regulation was taken out in 2007.The proposed amendment is to allow them in the A-40 zone only and that criteria would be added for owner occupation and parking regulations. Commissioner Kuehnel stated the Commission just completed the POCD with the Implementation Plan and according to this plan,the Commission will be addressing the historic issues of Main Street in the Implementation Plan and doesn't think this is the time to approve this amendment. Acting Chairman Pacekonis stated the way this amendment is proposed is too broad and suggested a committee be formed on how to address future issues affecting Main Street. Most testimony received did not want to change Main Street.The Town Planner addressed the necessity of closure for this proposed amendment because the public hearing has closed. Commissioner Wagner stated it is a difficult vote because what is being proposed is addressing a need not being met by the school system or elsewhere and complemented Ms Isherwood on her proposal.The Commissioner also stated there could be unforeseen consequences to add the required parking to residences on Main Street and that there will be egress changes and interior work to code which would be necessary for conformance.He stated owner occupancy may prove unenforceable.He strongly supported the Acting Chairman's idea for a.committee. Commissioner Kuehnel made a motion to deny the application because of the need for more study on the broad reaching amendment. Commissioner Wilson seconded the motion. The motion carried and the vote was unanimous. Acting Chairman Pacekonis asked for members from the public to participate in a sub-committee for uses on Main Street. Karen Isherwood,Ginny Macro,Daryl Ramsey,John Pribila(who does not reside in the area and will be taken under consideration),Janet Utay,David Raymond and Doug Nation volunteered. A question came from a gentleman from the public as to when this committee would meet and how the public would be notified.The Planner stated there would be notices for this sub-committee's meetings on the town website and in the town clerk's office.Commissioner Wilson and Acting Chair Pacekonis will be part of the sub committee also. A motion to extend the meeting past 10 p.m.was made by Commissioner Butter. Seconded by Commissioner Kuehnel. The motion carried and the vote was unanimous. • AppL 13-33P,PMM Enterprises LLC dba Empire Auto Group—request for Used Car Dealer license for property located at 713 John Fitch Boulevard,GC zone Applicant,Mr.Primo Rondinone,presented information regarding the site lighting,landscaping and dumpster on the site. Commissioner Wilson made a motion to approve with the following modifications: • All free standing.signs and/or building signs require the issuance of a sign permit before they are erected • Any dumpsters must be placed on a concrete pad and screened. • A final plan for site lighting must be submitted to staff;all site lighting must conform to zoning regulations. • The number of vehicles to be offered for sale is limited to 37. No automobile repairs are to be conducted on site. Commissioner Kuehnel seconded the motion. The motion carried and the vote was unanimous. • AppL 13-32P,South Windsor Stone&Landscaping Supply,LLC—request for a modification to the special exception previously granted to Article 4,Table 4.1.1A and site plan approval for a landscape material sales and storage business property located at 287 Strong Road,I zone Public hearing continued to September 24,2013. BONDS:Callings/Reductions/Settings: p://www.southwindsor.org/Pages/SWindsorCT Planning/2013%2OMinutes/SO42DA4D6 2/11/2014 • Appl.07-27P.M&R Liouors Landscaping Bond in the amount of$5,000 to be reduced by$3,000 to leave a balance of$2,000, Commissioner Wilson made a motion to reduce the above mentioned bond.Commissioner Kuehnel seconded the motion. The motion carried and the vote was unanimous. • Appl.07-27P.M&R Liquors 1WA/CC E&S Bond in the amount of$7,500 to be reduced by$7,500 to leave a balance of-0-. • Appl.07-27P.M&R Liauors IWA/CC E&S Bond in the amount of S15,000 to be reduced by$15,000 to leave a balance of-0-. Commissioner Wilson made a motion to reduce the above mentioned bonds.Commissioner Kuehnel seconded the motion. The motion carried and the vote was unanimous. MINUTES: 8/20/13 was adopted by consensus. ADJOURNMENT: Motion to adjourn the meeting at 10:21p.m.was made by Commissioner Wilson Seconded by Copunissioner Kuehnel. The motion carried and the vote was unanimous. Respectfully Submitted, Lauren L Zarambo Recording Secretary - . . Hog-IS4 Su r`w Air.,$0AWkK4 r,CTW74 (W),644-2,511 AlwxbY-Fxi6y$ car+to 4.30pm ankm odwwim @2009 Town of South Windsor, CT- Using this site means you agree to the terms of access. E-Mail comments/questions to webmaster or use our general comments page. Virtual Towns&Schools Website p://www.soutliwindsor.org/Pages/SWindsorCT Planning/2013%20Minutes/SO42DA4D6 2/11/2014 •F + PlanningSouth Windsor Memo To: Peter DeMallie, DPI From: Michele R Lipe, Town Planner Date: 8/12/13 Re: Appl#13-32P, South Windsor Stone and Landscaping Following are review comments for the above-referenced application. Please submit revised plans prior to the final engineering and planning review. General Comments The site plan submitted does not reflect the property accurately and is very difficult to determine what is proposed new versus what already exists. It appears there have been changes made from the original approval. The basis for this site plan modification should be the as-built and the plans should easily identify changes being proposed to what is currently on the site. The zoning data block should reflect current and proposed conditions. The new truck traffic pattern proposed is problematic for several reasons: 1) The proposed drive would bisect the existing residential property that is a separate lot and could be sold as a residential lot at any time; 2) The access to that residential lot traverses private property. There is no indication of an easement for use of that driveway. Documented rights from the railroad property, 3) it appears that the driveway goes over a swaled area (based on the original approval) Narrative Comments What is going to be screened? Is the screening seasonal or year-round? Will screening occur during all operational hours, or on a reduced schedule? Will there be a change in the truck/vehicle traffic from what was originally proposed and approved? Public hours of operation are proposed to change.—will actual operation hours change as well (screening/processing;deliveries...)? 1540 Sullivan Avenue,South Windsor,CT 06074 PH 860-644-2511,ext.253 Fax 86M= 7280 e-mail mrcheleriioe@southwrndsor oW _ Town of South Windsor, CT-PZC Minutes 09-10-2013 Page 3 of 8 A special exception approval. • The applicant is proposing expanded hours of operation.Changes from the previous approval include the additional of Sunday hours and later hours on Saturday April I through Labor Day. • Other changes include additional bins. The original approval was for 18 bins;the new site plan shows in excess of 30 bins.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'. • The rear of the property originally showed an equipment storage area where vehicles(tri-axles,trucks and a trailer)would be parked after hours.Staff originally expressed concern about potential conflicts with customer traffic in this area;the applicant had indicated that the equipment will not be on site during hours the business is open to the public. • The applicant is now requesting approval to operate the screening operation in that area—and again we have concerns that there is adequate room to do all that is stated on the plans. • The applicant has proposed a new 12 foot wide access drive on the far westerly end of the adjacent residential property(that he owns)for trucks. The new traffic pattern is a little unclear. Will this be for one way traffic?Is there adequate room to turn around with the screener and the number of piles currently on site? • The original traffic study 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. The complaints received by this office have documented a significantly larger number of trucks on a daily basis. We just received this information today and have not yet had a chance to complete our review. • Maximum impervious coverage allowed is 65%allowed;58%shown.It appears that the adjacent property is being used as a part of the operations,either that site needs to be included with zoning information and request approval for the areas that are part of this operation,etc or activities currently occurring on that site need to be to pulled back on to 287 Strong Road with all activities supported solely on the lot that is subject of this application. • Parking requirement(retail,office)is 10 spaces; 10 spaces are shown. • Two temporary signs are currently depicted in the pictures and have not been permitted;a permit is required and only the sign in front of the lot where the actual business is being conducted is allowed. • If this application is approved,the planning department would request that the public hearing remain open for the applicant to address some of the concerns raised by staff this evening and for an updated site plan. Town Engineer,Jeff Doolittle,began staff comments clarifying information about the reconstruction of Strong Road which happened this spring.The work at the western end of Strong Road happened partially in May and primarily in June.It was a period of approximately two to three weeks when there was a lot of work intensely being done on the western end of Strong Road.The contractor was instructed to keep driveways to all businesses and properties open during that time.There were a few days when parts of the road were inaccessible when large excavations were made in the road but the contractor did their best to keep access open to all businesses and if we received complaints,we responded to them.Mr.Doolittle noted the traffic report that was just received shows an increase in truck traffic to this site this May and June over last May and June which infers the business was not affected significantly by the reconstruction of Strong Road. Engineering has reviewed the site plan modification received on 9/3/13 for the above site and has the following comments: • This site plan does not clearly show the traffic patterns on site,where the screener and other equipment is located and all the soil stockpiles and how the surface drainage flows on site. It is also not clear what activities may be taking place and are proposed on the lot at 275 Strong Road with the house. These issues need to be clarified on the site plan and business operation narrative. • What is the purpose of and what vehicles will be using the proposed access driveway on 275 Strong Road that leads to the south west part of 287 Strong Road? There is already an existing driveway serving the house and garage on this property. Is the proposed access a one-way driveway? Is there a place for vehicles using this driveway to turn around on either property? How many vehicles will be using the business at 287 Strong Road(via all proposed and existing driveways)and what is the proposed traffic flow for this business? • This proposed driveway comes very close to the large 32"diameter birch tree on 275 Strong Rd. What measures will be taken to protect this tree from damage? • Clearly show the location of all equipment being used on 287 and 275 Strong Rd and the location of all soil stockpiles on both properties. • The plan shows two 6"spruce trees on the front western portion of 275 Strong Road and three 3"pine trees on the south west portion of 287 Strong Road. These trees are not all visible from the street. Insure the site plan accurately shows all trees and vegetation on both properties. • There are several sections of plastic vinyl fence that cross the property lines between 275 and 287 Strong Road. These need to be accurately shown and labeled. Why are they across the property lines? • The approved site plan called for a drainage swale along the western side of the building at 287 Strong Road to convey storm water from the building and front area to the water quality basin in the south west corner of this property The spot elevations do not clearly show this Swale. Where is the stormwater from property at 275 and 287 going? Is any storm water flowing to the water quality basin? http://www.southwindsor.org/Pages/SWindsorCT_Planning/2013%2OMinutes/SO42DA4D6 2/10/2014 { l f f i j V OVIOV 41 If A wti �� R.am o u SPEW 02/25/2014 ,. 02/25/2014 t m- 14 �smf�a� 1?�,'y�a" - . ,�'•,��•fia�t�� !Av Ill�aaa� �r p VA I't� •'+^', $ 1� S" prep• �F ��,dlia+�'?i!�r, f+ r°..,q �,,i ':. t. Vi its`P�� ' �•'II 4Q t.�''e�r� ��a ' �CQ,��y'''�s`'•wo°'t��A(.�y`"�DI`�t��i y r "gyp L�a'7SS I�1' �g I mt 1 M t 4 w+ 1 ,� Ly+d t,q}+ j. � ��r��p ��s�,�+r �iYl�i°��✓ Aid �1 G w.�yv"h pp�F o� r i ��.r � .� �`F.I M� �.?0 0,j* �� •�. V r� �,IC"�pry 1 S • t, 'N IE.7 .E9 7: N. 69 6 r 73 // AND 'APED ,a_A Moi 6" Ci<A,�APPLE: 6 I f..L_ L Al ?fin" O-01 SPRUCE } MAPAWN A NEE�E � W / A. X7 .; A WIN, / / J 46., LAWN LAWN STONE 32. 1 0 ..X REA OF DISTURBANCE F,kOM 6' PLASTIC, GRA EL DRIVEWAY CONSTRUg'TI04 — FE,CE 0.10 —'cRE ;RAVEL ARE,`_� r 2ti" OAK _ t ✓<<. 1 X7+.9 GRAVE AREA 1 S-C FEN, AREA OF DISTURBANP, OM TEMPORARY STOCKPILE SEA `��e"s X7 :3 OF PS'ER \ X 7/.7 X7 QNC PAD 0.16 l�RES r pt• OAK ,'�� !_ � ,}! "��\,� Jina!/gin .?4" OAK \ X7 X7 c \_ ; 4 , 20 f._AK / \- FZ.. J\ ��%'\ J �ti.X'3 XI.:.8 `\\ OAK r/ \` -`\•1 .T , GRA'vF-I. ARE,A'. �^ 74 ✓4tl ! if AREA OF DISTURBANCE FROM / SCREENER ACTIVITIES 0.09 ACRES F.,C \ AREA OF DISTUBANCE ESTIMATE AREA (ACRES) NEW GRAVEL DRIVEWAY 0.10 TEMPORARY STOCKPILE 0.16 SCREENER ACTIVITIES 0.09 TOTAL 0.35 I.UNLESS--SE NOTED.EXISnrvG U— REVISIONS LOCATIONS AS Wft ARE BASED ON AVAILABLE INFIXtMARON.ALL EASDNG UTILITIES SHOULD BE FIELD VERIFIED PRIOR TO CONSTRUCTION. 2.ALL UTIUTIES ARE TO BE STAKED IN THE FIELD BY A LICENSED LAND SURVEYOR PRIOR TO CONSTRUCTION. 3.THIS PLAN IS MVAUD UNLESS IT BEARS THE f TiESOFESDENNEE/ vERo PRSONAL ENQRSURYO. NO. DATE DESCRIPTION BY SAWN Sfq a � w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 r�OSOR-CO TELEPHONE (860) 644-2511 CERTIFIED MAIL 7011 1570 0000 6337 4465 March 13, 2014 South Windsor Stone &Landscaping Supply, LLC Arthur Silvestri 287 Strong Road South Windsor, CT 06074 Dear Mr. Silvestri: Re: Appl# 14-07P, South Windsor Stone& Landscaping Supply We regret to advise you that on March 11, 2014, the Planning and Zoning Commission voted to deny the above-referenced application to expand the prior special exception granted to allow for a landscape material sales and storage business to be located at 287 Strong Road. Specifically, the applicant seeks to add topsoil screening to include the property at 275 Strong Road, and site plan modification for the combined properties as shown on plans submitted by Design Professionals, Inc. Job no. 2646, dated 1/27/14 as revised, I zone. The Commission is denying the application as they have determined that the proposal does not meet the requirements of the zoning regulations and the criteria for approval of a special exception as outlined in Section 8.4 of the Zoning Regulations in the following ways: 1. The applicant has failed to establish that the site can safely accommodate the proposed truck and retail traffic as required by Section 4.1.5 and 8.4. The proposed plan evidences the potential for adverse traffic .impacts resulting from the conflict of trucks entering and exiting the proposed 12 foot wide drive. Also, adding a third driveway along the property frontage creates the potential for conflicts with vehicles entering and exiting the site at multiple points. There also is the concern for safe on site vehicle maneuvering given the site size constraints and the location of the proposed truck driveway in relation to the residential home. The location of the new access drive (approximately 18-20 feet from the side of the residential house) is not safe. 2. The land is not physically suited for the proposed use. The Commission is concerned that the use of the existing site already exceeds the bulk requirements for the zone. The site is a very tight site and does not have adequate room for top soil processing and screening in addition to the retail sales and storage of landscaping materials. 3. The existing and proposed conditions on site do not and will not meet the zoning regulations. For example, the site currently exceeds the bulk requirements for the zone. The applicant's truck circulation, activities and equipment storage currently is taking place on the adjacent property(owned by another of the applicant's LLC)without the benefit of any zoning approvals. 4. In addition,Sec. 2.11 Commercial and industrial Storage and Display allows for the storage of any material outside a building provided that it is not visible from the public way. Existing piles are already visible from the public way. The applicant represented that dirt piles could be as high as 14 feet and would be visible from Strong Road; however only a six foot fence is proposed to visually screen the top soil screening activities. 5. Other existing violations include: the addition of a several landscape bins not originally shown on the site plan; removal of landscaped areas, (in one location resulting the removal of a 60 inch tree to add more bins), and expansion of graveled areas. 6. The proposed use creates adverse environmental impacts on the neighbors in that significant dust and tracking of mud have been documented while the screening operations were ongoing on site. 7. The Commission has considered the balance between neighborhood acceptance and community needs and finds that, although screened top soil certainly is a worthwhile commodity, the applicant already owns another more appropriate location within town where screening and processing is already permitted and is conducted without negatively impacting residential neighbors. 8. Neighbors also have provided evidence of violations of the original site plan;pictures and documentation of truck traffic; complaints about truck noise related to the screening operation. The Commission noted that no complaints had been filed until this screening operation started up in the spring of 2013. The screening activities went on all summer despite the applicant being under zoning enforcement. 9. On balance,the lack of neighborhood acceptance of the proposed use weighs heavily in favor of denying the modifications to the special exception. 10. Present and proposed utilities, streets, drainage system, and other improvements have adequate capacity to accommodate the proposed use. The drainage swale leading to the stormwater pond that was to be established has been eliminated and the area is now gravel to accommodate traffic circulation. No provision to correct this drainage issue was presented. 11. The overall physical appearance of the proposed development will not be compatible with surrounding development and the Commission's goals for the neighborhood/corridor. As already noted,there is an inadequate ability to hide the huge stockpiles of material from visibility by a public way,much less the neighbors. 12. The applicant has failed to establish that the proposed modifications will not have a negative impact on neighboring property values. Neighbors stated that the new activities on the site have had a negative impact on their quality of life and, therefore,their properties' resale values. Very truly yours, _ ON Bart Pacekonis, Chairman Planning and Zoning Commission BP/llz cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal Design Professionals, Inc. SUMMONS - CIVILA STATE OF CONNECTICUT JD-CV-1 Rev.2-13 3 C.G.S.§§51-346,51-347,51-349,51-350,52-45a, SUPERIOR COURT See page or- t st ions 5248,52-259, P.B.Secs.3-1 through 3-21,8-1 wwwJud.ct.9'Ov "X"if amount, legal interest or property in demand, not including interest and TO:Any proper officer; BY AUTHORITY OF THE costs is less than$2,500. STATE OF CONNECTICUT,you are hereby "X"if amount, legal interest or property in demand, not including interest and commanded to make due and legal service of costs is$2,500 or more. this Summons and attached Complaint. RX "X"if claiming other relief in addition to or in lieu of money or damages. Address of court clerk where writ and other papers shall be filed (Number,street,town and zip code) Telephone number of clerk(with Return Date (Must be a Tuesday) (C.G.S.§§51-346,51-350) area code) 95 WASHINGTON STREET,HARTFORD,CT ( 860 )548-2700 APRIL 15 , 2 014 on -Va—Year X Judicial District G.A At (Town in which writ is returnable)(C.G.S.§§51-346,51-349) Case type code (See list on page 2) Housing Session ElNumber: HARTFORD Major: P Minor: 90 For the Plaintiff(s) please enter the appearance of: Name and address of attorney,law firm or plaintiff if self-represented (Number,street,town and zip code) Juris number(to be entered by attorney only) WAYNE C.GERLT, GERLT LAW, LLC, P.O.BOX 1132,SOUTH WINDSOR, CT 06074 1022192 Telephone number (with area code) Signature of Plaintiff (If self-represented) (860 ) 644-2565 Number of Plaintiffs: 3 Number of Defendants: 1 x0 Form JD-CV-2 attached for additional parties Parties Name (Last First,Middle Initial)and Address of Each party(Number;Street;P.O.Box,Town;State,Zip;Country,if not USA) First Name: EAST HARTFORD SAND&GRAVEL,INC. P-01 Plaintiff Address:D/B/A SOUTH WINDSOR STONE&LANDSCAPING SUPPLY, LLC 724 Strong Road,South Windsor,CT 06074 Additional Name: 287STRONG ROAD,LLC p-02 Plaintiff Address:724 Strong Road South Windsor, CT 06074 First Name: SOUTH WINDSOR PLANNING&ZONING COMMISSION D-01 Defendant Address:1540 Sullivan Avenue South Windsor, CT 06074 Additional Name: D-02 Defendant Address: Additional Name: D-03 Defendant Address: Additional Name: D-04 Defendant Address: Notice to Each Defendant 1-YOU ARE BEING SUED.This paper is a Summons in a lawsuit.The complaint attached to these papers states the claims that each plaintiff is making against you in this lawsuit. 2.To be notified of further proceedings,you or your attorney must file a form called an"Appearance"with the clerk of the above-named Court at the above Court address on or before the second day after the above Return Date.The Return Date is not a hearing date.You do not have to come to court on the Return Date unless you receive a separate notice telling you to come to court. 3.If you or your attorney do not file a written"Appearance"form on time,a judgment may be entered against you by default.The"Appearance"form may be obtained at the Court address above or at wwwJud.ct.gov under"Court Forms." 4.If you believe that you have insurance that may cover the claim that is being made against you in this lawsuit,you should immediately contact your insurance representati9x,10ther action you may have to take is described in the Connecticut Practice Book which may be found in a superior court law library or on-line at ud.ctgov under"Court Rules." 5.If you have que ' ns Summons and Complaint,you should talk to an attorney quickly. The Clerk of Court i of allowed to give advice on le al uesti Signed (Sign atrt prrOer box) X Commissioner of the Name of Person Signing at Left Date signed superior Court Wa ne C.Gerlth 1 Assistant Clerk y 3_a 7-.i 0/ If this mon signed b Clerk: For Court Use 1.Only a.The signin as been ne so that the Plaintiff(s)will not be denied access to the courts. a �- b. It is the re onsibility of the Plaintiff(s)to see that service is made in the manner provided by law. c.The Clerk is not permitted to give any legal advice in connection with any lawsuit. d.The Clerk signing this Summons at the request of the Plaintiff(s)is not responsible in any way for any errors A It 9�;� in the Summons,any allegations contained in the Complaint,or the service of the Summons or Complaint. Signed (Self-Re .�(t O.� �I certify I have read and presented Plaintifq N Date �O .- RAIN 4 CT O003 understand the above: Name and address of person rec ol2ed to/,Rfosecute in the amount of$250 Paul W.Smith, Esq.,Pr B dsor Locks,CT 06096 Signed (Official taking rec n' ;9C" to X Commissioner of the Date Docket Number Superior Court Assistant Clerk 03/2'y/2014 i (Page 1 of 2) CIVIL SUMMONS STATE OF CONNECTICUT CONTINUATION OF PARTIES SUPERIOR COURT JD-CV-2 Rev.9-12 First named Plaintiff (Last,First,Middle Initial) EAST HARTFORD SAND&GRAVEL,INC.D/B/A SOUTH WINDSOR STONE&LANDSCAPING SUPPLY, LLC First named Defendant (Last,First,Middle Initial) SOUTH WINDSOR PLANNING&ZONING COMMISSION Additional Plaintiffs Name (Last,First,Middle Initial,if individual) Address (Number,Street, Town and Zip Code) CODE 275 STRONG ROAD, LLC, 724 Strong Road,South Windsor,CT 06074 03 04 05 06 07 08 09 10 11 12 13 Additional Defendants Name (Last,First,Middle Initial,if individual) Address (Number,Street, Town and Zip Code) CODE 05 06 07 08 09 10 11 FOR COURT USE ONLY-File Date 12 13 14 Docket number CIVIL SUMMONS-Continuation Instructions 1. Type or print legibly,sign summons: 2. Prepare or photocopy a summons for each defendant. 3. Attach the original summons to the original complaint, and attach a copy of the summons to each copy of the complaint. Also, if there are more than 2 plaintiffs or more than 4 defendants prepare form JD-CV-2 and attach it to the original and all copies of the complaint. 4. After service has been made by a proper officer,file original papers and officer's return with"the clerk of court 5. The party recognized to pay costs must appear personally before the authority taking the recognizance. 6. Do not use this form for the following actions: (a)Family matters(for example divorce, child (d) Probate appeals. support, custody, paternity, and visitation (e)Administrative appeals. matters). (t) Proceedings pertaining to arbitration. (b) Summary process actions. 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Case Type Codes cam Major Description c* Minor Description Major Description M'�dor�i Minor Description Minor Minor Contracts C 00 Construction-All other Torts(Otherthan T 02 Defective Premises-Private-Snow or Ice CIO Construction State and Local Vehicular T 03 Defective Premises-Private-Other C 20 Insurance Policy T 11 Defective Premises-Public-Snow or Ice C 30 Specific Performance T 12 Defective Premises,Public-Other C 40 Collections T 20 Products Liability-Other than Vehicular C 90 All other T 28 Malpractice Medical Eminent Domain E 00 State Highway Condemnation T 29 Malpractice-Legal E 10 Redevelopment Condemnation T 30 Malpractice All other E 20 Other State or Municipal Agencies T 40 Assault and Battery E 30 Public Utilities&Gas Transmission Companies T 50 Defamation E 90 All other T 61 Animals-Dog T 69 Animals-Other Miscellaneous M 00 Injunction T 70 False Arrest M 10 Receivership T 71 Fire Damage M 20 Mandamus - T 90 All other, M 30 Habeas Corpus(extradition,release from Penal Vehicular Torts Vol Motor Vehicles* Driver and/or Passenger(s)vs. Institution) Drivers) M 40 Arbitration V 04 Motor Vehicles* Pedestrian vs.Driver M 50 Declaratory Judgment V 05 Motor Vehicles*-Property Damage only M 83 Bar Discipline V 06 Motor Vehicle*-.Products Liability Including Warranty M 66 Department of Labor Unemployment Compensation V 09 Motor Vehicle*-All other Enforcement M 68 Bar Discipline-inactive Status V 10 Boats M 80 Foreign Civil Judgments-C.G.S.52-604&C.G.S. V 20 Airplanes 50a-30 V 30 Railroads M 82 Housing Civil Matters V 40 r Snowmobiles M 83 Small Claims Transfer to Regular Docket V 90 All other M 84 Foreign Protective Order *Motor Vehicles include cars,trucks,motorcycles, M 90 All other and motor scooters. Property P 00 Foreclosure P 10 Partition P 20 Quiet Title/Discharge of Mortgage or Lien Wills,Estates W 10 Construction of Wills and Trusts P 30 Asset Forfeiture and Trusts W 90 All other P 90 All other JD-CV-1 Rev.2-13 (Page 2 of 2) RETURN DATE: APRIL 15, 2014 SUPERIOR COURT EAST HARTFORD SAND & GRAVEL, INC. D/B/A SOUTH WINDSOR STONE & LANDSCAPING SUPPLY, LLC 275 STRONG ROAD, LLC AND 287 STRONG ROAD, LLC J. D. OF HARTFORD V. AT HARTFORD SOUTH WINDSOR PLANNING& ZONING COMMISSION MARCH 27, 2014 CITATION & RECOGNIZANCE TO ANY PROPER OFFICER, GREETINGS: By authority of the State of Connecticut. you are hereby commanded to summon the SOUTH WINDSOR PLANNING AND ZONING COMMISSION of 1540 Sullivan Avenue, South Windsor, Connecticut of the Town of South Windsor in the County of Hartford and State of Connecticut, to appear before the Superior Court in and for the Judicial District of Hartford on April 15, 2014, (the appearance not to be made in person but to be made by the parties or their attorney by filing a written statement of appearance with the Clerk of said Court whose address is 95 Washington Street, Hartford, Connecticut 06106), on or before the second day following the return date, then and there to answer unto the foregoing complaint of EAST HARTFORD SAND & GRAVEL, INC. D/B/A SOUTH WINDSOR STONE & LANDSCAPING SUPPLY, LLC, 287 STRONG ROAD, LLC and 275 STRONG ROAD, LLC (the "Appellants"), by leaving two true and attested copies of the Appeal, Complaint, The Summons, and of this Citation and Recognizance with the Town Clerk of the Town of South Windsor, South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, CT 06074, in accordance with Conn. Gen. Stat. §52-57 (two copies), a true and attested copy of the Appeal Complaint, this Citation and the Recognizance with Surety, in accordance with law. Cindy Silvestri, 724 Strong Road, South Windsor, CT 06074, as surety, is hereby recognized bound to the South Windsor Planning & Zoning Commission, and recognized in a sufficient amount of $250.00 to prosecute the foregoing complaint and appeal to effect and comply with the orders and decrees of the Court. HEREOF FAIL NOT, but due service and return make. Dated at South Windsor, Connecticut, this 27`h day of March, 2014. 2 FOR THE PLAINTIFFS EAST HARTFORD SAND& GRAVEL,INC. D/B/A SOUTH WINDSOR STONE &LANDSCAPING SUPPLY,LLC, 287 STRONG ROAD, LLC AND 275 STRONG RO By: rChr' o er Gerlt eirttorne 112 Deming Street-P.O. Box 1132 South Windsor,CT 06074 Tel.:(860)644-2565/1~ax:(860) 644-2567 e-mail: wcgesq(a�gmail.com Juris#22192 A r 3 RETURN DATE: APRIL 15, 2014 SUPERIOR COURT EAST HARTFORD SAND & GRAVEL, INC. D/B/A SOUTH WINDSOR STONE& LANDSCAPING SUPPLY, LLC 275 STRONG ROAD, LLC AND 287 STRONG ROAD, LLC : J. D. OF HARTFORD V. : AT HARTFORD SOUTH WINDSOR PLANNING & ZONING COMMISSION : MARCH 27, 2014 APPEAL FROM THE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION To the Superior Court for the Judicial District of Hartford at Hartford on April 15, 2014 comes EAST HARTFORD SAND & GRAVEL, INC. D/B/A SOUTH WINDSOR STONE & LANDSCAPING SUPPLY, LLC, 275 STRONG ROAD, LLC and 287 STRONG ROAD, LLC appealing from a decision of the South Windsor Planning and Zoning Commission and complains and says: 1. The Plaintiff EAST HARTFORD SAND & GRAVEL, INC. D/B/A SOUTH WINDSOR STONE & LANDSCAPING SUPPLY, LLC is the lessee of property in the Industrial Zone consisting of 1.65 acres on the south side of Strong Road in South Windsor, Connecticut ("the property"). 4 287 STRONG ROAD,LLC is the owner of the property leased by the applicant to operate its existing business, and 275 STRONG ROAD, LLC is the owner of the adjacent property upon which applicant proposed to utilize as part of its operation for ingress and egress (Schedule B, copies of deeds) 2. On or about January 27, 2014, the Plaintiff, EAST HARTFORD SAND & GRAVEL, INC. D/B/A SOUTH W'INDSOR STONE & LANDSCAPING SUPPLY,_LLC (hereinafter "South Windsor Stone"), fled an application for a site plan and special exception modification with the Defendant, South Windsor Planning and Zoning Commission, (hereinafter "Planning and Zoning;Commission")to address changes in the operation and to add a processing operation as permitted under the regulations. 3. A public hearing on the application was conducted on February 11,2014. 4. The Defendant Planning and Zoning Commission denied the application of Plaintiff South Windsor Stone at its meeting on March 11, 2014 and notice of such decision was published on March 15, 2014. 5. The Commission's stated reason for the denial was "the proposal does not meet the requirements of the zoning regulations and the criteria for approval of a special exception as outlined in Section 8.4 of the Zoning Regulations in the following ways: (1) The applicant has failed to establish that the site can safely accommodate the proposed truck and retail traffic as required by Section 4.1.5 and 8.4. The proposed plan evidences the potential for adverse traffic impacts resulting from 5 the conflict of trucks entering and exiting the proposed 12 foot wide drive. Also, adding a third driveway along the property frontage creates the potential g for conflicts with vehicles entering and exiting the site at multiple points There also is the concern for safe on site vehicle maneuvering given the site size constraints and the location of the proposed truck driveway in relation to the residential home. The location of the new,access drive (approximately 18-20 feet from the side of the residential house)is not safe. (2) The land is not physically suited for the proposed use. The Commission is concerned that the use of the existing site already exceeds the bulk requirements for the zone. The site is a very tight site and does not have adequate room for top soil processing and screening in addition to the retail sales and storage of landscaping materials. (3) The existing and proposed conditions on site do not and will not meet the zoning regulations. For example, the site currently exceeds the bulk requirements for the zone. The applicant's truck circulation, activities and equipment storage currently is taking place on the adjacent property (owned by another of the applicant's LLC)without the benefit of any zoning approvals. (4) In addition, Sec. 2.11 Commercial and industrial Storage and Display allows for the storage of any material outside a building provided that it is not visible from the public way. Existing piles are already visible from the public way. The applicant represented that dirt piles could be as high as 14 feet and would be visible from Strong Road; however only a six foot fence is proposed to visually screen the top soil screening activities. (5) Other, existing violations include: the addition of a several landscape'bins not originally shown on the site plan; removal of landscaped areas, (in one location resulting the removal of a 60 inch tree to add more bins),and expansion of graveled areas. (6) The proposed use creates adverse environmental impacts on the neighbors in that significant dust and tracking of mud have been documented while the screening-operations were ongoing on site. 6 (7) The Commission has considered the balance between neighborhood acceptance and community needs and finds that, although screened top soil certainly is a worthwhile commodity, the applicant already owns another more appropriate location within town were screening and processing is already permitted and is conducted without negatively impacting residential neighbors. (8) Neighbors also have provided evidence of violations of the original site plan; pictures and documentation of truck traffic; complaints about truck noise related to the screening operation. The Commission noted that no complaints had been filed until this screening operation started up in the spring of 2013. The screening activities went on all summer despite the applicant being under zoning enforcement. (9) On balance, the lack of neighborhood acceptance of the proposed use weighs heavily in favor of denying the modifications to the special exception. (10) Present and proposed utilities, streets, drainage system, and other improvements have adequate capacity to accommodate the proposed use. The drainage swale leading to the stormwater pond that was to be established has been eliminated and the area is now gravel to accommodate traffic circulation. No provisions to correct this drainage issue was presented. (11) The overall physical appearance of the proposed development will not be compatible with surrounding development and the Commission's goals for the neighborhood/corridor. As already noted, there is an inadequate ability to hide the huge stockpiles of material from visibility by a public way, much less the neighbors. (12) The applicant has failed to establish that the proposed modifications will not have a negative impact on neighboring property values. Neighbors stated that the new activities on the site have had a negative impact on their quality of life and, therefore, their properties' resale values." 6. The Plaintiff EAST HARTFORD SAND & GRAVEL, INC. DB/A SOUTH WINDSOR STONE & LANDSCAPING SUPPLY, LLC is aggrieved by the decision of the 7 Defendant Planning and Zoning Commission's denial of the site plan and special exception application in that the Plaintiff leases the subject property at 275 and 287 Strong Road, South Windsor, Connecticut and its application was denied. Plaintiff 287 Strong Road, LLC and 275 Strong Road, LLC are aggrieved by the denial as the owners of the real estate. 7. The relevant history of the actions of the Commission and of this application are as follows: (a) The applicant was approved to conduct its business in 2009 and has operated upon the property conducting its business continuously since that approval date. (b) The denied application was filed by the Plaintiff on January 27, 2014 and labeled"Application No.: 14-07P". (c) The denied application was submitted to address changes in the operation and to add to the site plan approval the use of a screener to process topsoil. Processing of materials is a permitted use under the zoning regulations and requires only site plan approval (Schedule A, page 4-3) (d) A public hearing was held on the application by the Planning & Zoning Commission on February 11, 2014 at which professional engineers presented the application, reviewed the site plan, compared the site plan to the regulations, and presented data from a sound measurement study which had been conducted in the presence of the Zoning Enforcement Officer for the Town of South Windsor and the Town Planner who was there for part of the testing. The 8 professional engineers gave their opinions after having studied the site and the operations on the site as to all the pertinent sections of the zoning regulations, sound regulations of the state and town,and traffic flow within the site and on town roads. (e) Neighbors residing within the industrial zone expressed objections to the application and presented anecdotal and highly questionable testimony, statements and schedules of alleged observations of the site. Some of the data including photographs submitted by the opponents were taken at a time prior to changes having been made to the site as indicated by the professional engineers for the applicant including the installation of a sprinkler system to eliminate any dust and the closing of the access road closest to the residences. {f) No- contrary expert testimony or professional engineers' opinions were offered by the opposing residents. (g) The residents offered no expert testimony or appraisals concerning their claim that the modified business would have a negative effect upon their property values. (h) At its regular meeting on March 11, 2014, the Planning and Zoning Commission denied the application. (i) Thereafter, the applicant filed a timely appeal to this Court. 8. In denying the site plan and special exception application, the Defendant Commission acted illegally, arbitrarily and abused its discretion in that: (a) the proposed site plan complied fully with the regulations, and 9 (b) the modified special exception modification complied fully with the regulations. 9. The Commission's decision was arbitrary, illegal and capricious in that it ignored expert testimony concerning the site's compliance with the noise, dust, traffic, drainage, and zoning regulations and based their decision upon unfounded allegations, claims and improper personal opinions and conjecture. 10 WHEREFORE, the Plaintiffs appeal the decision of the Defendant Planning and Zoning Commission and pray (a) that the Court sustain their appeal and vacate the decision of PP the Planning and Zoning Commission; (b) order the Commission to approve the application as submitted,and (c) grant such other relief as appears equitable and appropriate to the Court.. Dated at South Windsor, Connecticut, this 271h day of March, 2014.. RESPECTFULLY SUBMITTED FOR THE PLAINTIFFS EAST HARTFORD SAND&GRAVEL,INC. DB/A SOUTH WINDSOR STONE&LANDSCAPING SUPPLY; LLC, 275 ONG ROAD,LLC AND 287 STRONG LLC By. W e Chri J er t eir Atto ey 112 Deming Street-P.O. Box 1132 South Windsor,CT 06074 Tel.:(860) 644-2565/Fax:(860)644-2567 e-mail:wcgesqagmail.com Juris#22192 A TRUE COPY ATTF 11 Please enter the Appearance of: Wayne Christopher Gerlt Gerlt Law, LLC P. 0. Box 1132 112 Deming Street South Windsor, CT 06074 (860) 644-2565 Juris No.:22192 4nhristop ntiff c. Ger TR COPY ATTEST MARSHAL 12 SCHEDULE A ARTICLE 4-COMMERCIAL AND INDUSTRIAL ZONES ARTICLE 4 COMMERCIAL AND INDUSTRIAL ZONES Section 4.1 Commercial and Industrial Use Regulations 4.1.1 Permitted Uses Uses within Commercial and Industrial Zones shall be governed by Table 4.1.1A.See Section 4.2 for use provisions relating to the Buckland Road Gateway Development Zone (GD); Section 4.3 for the De- signed Commercial Zone(DC);and Section 4.4 for the I-291 Corridor Development Zone(CD). Table 4.1.1A Permitted Commercial and Industrial Uses A single residential dwelling by the owner of the facility is allowed in conjunction with a permitted commercial use. The residence Residential Sp Sp Sp may be either a dwelling unit contained within the commercial facility itself,or may be a separate free-standing single-family dwelling that otherwise meets all of the requirements of the underlying zone. Assisted Living SE SE SE SE See Article 7 Special Regulations. Horses and ponies for personal use SP SP SP See Article 7 Special Regulations. Senior Residence Development SE SE SE See Article 7 Special Regulations. Public and Semipublic Except for contagious, mental, alcoholic, and drug cases Provided that: Hospitals,Sanitariums,Convalescent The lot area is not less than 1/10 acre for Homes SE each person accommodated, including pa- tients and employees; Such uses are served by the public sewer and water facilities;and 50%impervious coverage. Fraternal organizations and membership clubs operated as a nonprofit activity SE Municipal Facilities and Uses SE SE SE SE SE Commercial Uses Adult-Oriented Businesses SE See Article 7 Special Regulations. Alcoholic Liquor Stores SP SP SP Page 4-1 ARTICLE 4—COMMERCIAL AND INDUSTRIAL ZONES Table 4.1.1A Permitted Commercial and Industrial Uses SE 5kseetalacc�piC; , iteta� 3 SP Siia Ptan r_fieni e� 2P 4bn1rd 0�iamit I�fi daslrtal RTattk�l�bt�e1 naltE+s� � ��,;�'estt3Cfcei C'<imtnet+tat , s A`O�1�ecEttt�eld i�fftc� z` �> " Alcoholic beverage sales for consump- tion on the premises of hotels,restau- SP SP SP rants,taverns,grills and cafes Alcoholic liquor sales as part of a drug SP SP SP store or grocery store Amusement-theaters,moving picture houses,assembly halls,billiard and pool SP SE Excluding shooting galleries,freak shows, rooms,bowling alleys,and similar mechanical rides and similar enterprises amusement enterprises Automobile and farming equipment SE SE sales,new and used Automobile service and repair Sp Automobile service stations,fuel and SE repair See Article 7 Special Regulations. Only when accessory to a retail sales and inventory directly related thereto facility that has a minimum gross floor area of 50,000 Automotive fuel SP s.f. Commission may determine hours of opera- tion. Beverage Stores,quick service;e.g. coffee shop SP Excluding the storage or fabricating of Building and landscape materials sales structural steel and heavy concrete products. and storage including lumber yards and SE Primary building shall be minimum 2,000 construction equipment sq.ft.(excluding greenhouses). Except plant materials,outdoor storage/sales area shall not be visible from a public street. Convenience Stores Sp Convention Facilities SE Day Care Facilities SE SE SE SE SE See Article 7 Special Regulations. Dry cleaning,laundry,and dyeing estab- lishments Entertainment(live)at hotels and restau- rants,taverns,grills and cafes Equipment sales,service and rentals, SP including farm equipment Financial Services,institutions and agen- SP SP SP SP SP cies Page 4-2 ARTICLE 4-COMMERCIAL AND INDUSTRIAL ZONES Table 4.1.1A Permitted Commercial and Industrial Uses vci�a� 5f.�r 8riYJ1i .7r,SIICIT ` - S.�1FCfie < Z1J718 p BlartlC=:Not�8miitT;�i � � n ��=�Reset 1O�t81 F Freezer lockers and incidental processing of food for human consumption Sp Garages-public Sp Hotels(and motels) SP SP Hotels,exclusive of entertainment SP SP Manufacture of bricks,cement products, tile and terra cotta SE Manufacture,processing,packaging and assembly of components or goods SP Mobile food vendors are permitted in these zones without a permit provided that all of the following criteria are met: 1. Written permission from the property owner; 2. Adequate room for vehicles to pull off safely; 3.A maximum of 12 sq.ft.of free-standing signage; 4.Vendors shall not be located within pub- lic rights-of-way; Mobile Food Vendor ZP ZP ZP ZP ZP 5. All facilities and equipment used by vendor must be portable and must be re- moved from the site by 9:00 p.m. 6. Connections to external utilities are not permitted. 7. Vendors must comply with health and safety regulations of the Town of South Windsor and the State of Connecticut. 8.Vendors shall keep the area of operation free of debris and shall clean the area thor- oughly upon ceasing operations each day. At least 1 trash container must be provided for use by patrons. May have living quarters containing a dwelling unit of at least 700 square feet of Mortuaries,funeral and internment ser- SP SP living space and at least 2 rooms,exclusive vices of the bathroom,to be occupied by a person, together with his family,who is the owner, manager, caretaker, or janitor, residing in the same building. Page 4-3 ARTICLE 4—COMMERCIAL AND INDUSTRIAL ZONES Table 4.1.1A Permitted Commercial and Industrial Uses 7oives 5E�'��se�lat�ikCB�i '1»t � Drr�'I�e"stgtt+f�ttmtal � SP a SIi Ph t C tterai flmtn tat A ' ' ILi�`� t�trteted 81 r A .E Itb . fi� Motor vehicle refueling/re-energizing SP stations Offices-professional,commercial,cor- porate and business Limited to barber shops,beauty shops,shoe repair shops,tailoring and dressmaking Personal Services Shops SP SP SP shops,tanning salons,clothes rental stores, and similar establishments.Tattoo parlors are not considered a personal service shop. Pharmacy SP SP SP SP Including pharmacy with drive thru. Petroleum Product Bulk Storage SE Plumbing,heating,electrical,mechanical industrial and general contracting estab- SP May include showrooms,storage and main- lishments tenance of heavy construction equipment Printing and publishing,graphic arts SP SP processes,sign shop painting Radio and television studios and trans- mitters Recreational Activities-indoor SE See Article 7 Special Regulations. Recreational Facilities SE Research Laboratories SP Restaurants,including fast food SP SP SP SP Restaurants,exclusive of entertainment SP SP Retail Establishments with high turnover SP (frequent customer arrivals/departures) Retail sales and high-turnover uses with frequent customer arrivals and departures are prohibited. Retail sales associated with a club member- ship format are permitted and shall not be Retail sales and inventory directly related thereto SP SP SP considered a wholesale sales use. Repairing and fabricating incidental to a retail store are permitted as an accessory use. Tire and battery repair and replacement as an accessory use to retail sales is permitted Page 4-4 r ARTICLE 4—COMMERCIAL AND INDUSTRIAL ZONES Table 4.1.1A Permitted Commercial and Industrial Uses p 7x nes 8 + met COPP 0 ��D�tgt€�omrfierc�l sp L-srt Pt ,. GetteralomtttI zt�ntng permit 1 tt►austal Adciholutl` 'ro .Blank i�ot i�erawt� t ��ct +Ccrmnnet�t�# z � �y { in the DC zone only. Riding Academies,Barns and Stables Sp Including storage and maintenance of vehi- facilities SE Solid waste,recycling,transfer station cles and refuse containers, but excluding dumping and/or disposal on-site of waste originating off-site With the right to service, maintain and Truck and Freight Terminals SE repair motor vehicles incidental to the afore- said use For the treatment and boarding of small animals, primarily cats and dogs, with all Ken- nels Veterinary Hospitals and Boarding Ken- SE facilities housed inside a building with a limited outside fenced area for exercising and training with necessary office and ser- vice space Warehouses and Distribution Centers Sp Wholesale sales and inventory directly related thereto Sp EE Note that in the GC Zone,buildings in excess of 40,000 square feet,parking areas in excess of 50 cars,and non-bank drive-in facilities require a special exception approval. 4.1.2 Other Permitted Uses Other uses or services may be approved by the Commission when the Commission determines such use or service to be substantially similar to the uses permitted above as to the type of business or as to the services offered; or as determined by the Commission to meet the purpose and general concepts of this regulation, including compatibility with the character of the neighborhood. Uses similar to those permit- ted by Site Plan approval may be allowed by Site Plan approval. Those uses similar to Special Exception uses may be permitted by Special Exception approval. 4.1.3 Accessory Uses Parking and accessory uses serving the uses above are permitted. Such accessory uses of land or struc- tures shall be intended and designed only for the use,maintenance or operation of the property. Page 4-5 SCHEDULE B Lip After recording return to: v Q 1. 2 0 5 R PA G E 2 5(Gerlt Law,LLC .`� P.O.Box 1132 South Windsor,CT 06074 VA A D SP /0 c16C 2 S'— STATUTORY QUIT-CLAIM DEED To all People to whom these Presents shall come, Greeting; KNOW YE, THAT We, ARTHUR V. SILVESTRI and CINDY J. SILVESTRI, both of the Town of South Windsor, County of Hartford 'Ind State of Connecticut ("Grantor"), for TEN ($10.00 DOLLARS AND OTHER CONSII)CRATION, grunt to 275 STRONG ROAD, LLC, a Connecticut Limited Liability Company with offices in ilic Town of South Windsor, County of Hartford and State of Connecticut ("Graiitce"), with QUIT-CLAINI COVENANTS More particularly described upon Schedule A attached hereto and made a part hereof by reference. IN WITNESS WHEREOF We ARTHUR V. SILVESTRI and CINDY J. SILVESTRI, have hereunto set our hand this day of July,2009. Signed and aer;v� d se ce o• Grantor: Arthur V. Silvestri '00-77or Cindy J. SilNos STATE OF CONNECTICUT) ) SS: South Windsor,July , 2001t COUNTY OF HARTFORD ) Personally Appeared, ARTHUR V. SILVESTRI IN D J, ILVF&JTRI, Signers and Sealers of the foregoing Instrument, and acknowle e e to it t and deed, before me. c W n ' top er Ge o oner of the Su crior Court Grantee's Address: 724 Strong Road South Windsor,CT 06074 CONVE)nNCE TAX RECENED I�IIIIIIIIIIIIIIIIIIIIII��IIIlillillllll�lillil�l�l��l�lllll STATES ____LOCALS _____No,� IIIIIIIII p Doc ID: 0019603800025TType: LAN ` L "ilv File# 3962 p N Ci 1 Kh OF SOUTH V%:.\-50R ' VOL. 2 0 t�. PAGE Schedule A (275 Strong Road, South Windsor, CT) Being that certain parcel of land situated in the Town of South Windsor,County of Hartfo State of Connecticut,also being known as 287 Strong Road,as depicted on a plan entitled: "Plat Plan Prepared for: South Windsor Stone&Landsc . 'Windsor, CT,Date:May 19, ��8,L.L.C.,287 Strong Road,.South ,� 2009,:Scale: 1"=20',Revised: 5/22/09,by Design Professionals, Inc. and more particularly-bounded and described as follows: Beginning at.a point on the southerly right-of-way line of Strong Road at its intersection with the easterlyright-of way line of land now or formerly Connecticut Southern Railroad, said point being the northwesterly corner of the herein described parcel of land; Thence S67001'32"E along the southerly right-of-way line of Strong Road, 161.00 feet to a point; Thence S221158'28"W along the westerly property line of land now or formerly Arthur V. Silvestri &Cindy I Silvestri,204.22 feet to a point; Thence N66'20'58"W along the northerly property line of land now or formerly Arthur V. Silvestri&Cindy L Silvestri, 134.44 feet to a point on the easterly right-of--way line of land now or formerly Connecticut Southern Railroad; Thence N15°30'12"E along the easterly right-of-way line of land now or formerly Connecticut Southern Railroad, 204.37 feet to the point and place of beginning. Said parcel contains 30,038 square feet or 0.690 acres. RECEIVED FOR RECORD_ 7` AT ID '. Z5- fl RECORDED IN S06%NDSOR,CT B TOWN CLERK After recording return to: VOL. 2 p 5 8 PAGE 253 � Ger1t Law,LLC P.O.Box 1132 ... South Windsor,CT 06074 STATUTORY . .;, QUIT-CLAIM DEED • 3961 To all People to whom these Presents shall come, Greeting: KNOW YE, THAT We AR V � THUR . SILVESTRI and CINDY J. SILVESTRI, both of the Town of South Windsor, County of Hartford and State of Connecticut ("Grantor"),'for TEN (S10.00 DOLLARS AND OTHER CONSIDERATION, grant to 287 STRONG ROAD, LLC, a Connecticut Limited Liability Company with offices in the Town of South Windsor, County of Hartford and State of Connecticut ("Grantee"), with OUIT-CLAIM COVENANTS More particularly described upon Schedule A attached hereto and made a part hereof by reference. IN WITNESS WHEREOF, We ARTHUR V. SILVESTRI and CINDY J. SILVESTRI, have hereunto set our hand this,Zj�d day of July, 2009. Signed red prese o Grantor: Vz qS Arthur V. Silvestri 7� Cin J. S' s STATE OF CONNECTICUT) ) SS: South Windsor,July /�, 2009 COUNTY OF HARTFORD ) Personally Appeared, ARTHUR V. SILVESTRI and C J. SILVESITRI, Signers and Sealers of the foregoing Instrument, and acknowledged be theft-free act and deed, before me. yne C stopher Co ' sioner of the Su rior Court Grantee's Address: 724 Strong Road South Windsor,CT 06074 CONVCYANCE TAX RECEIVED 110111111111111111111111111 STATE$ LOCAL s _ Doc ID: 001960370002 Type: LAN �lJ,,,� ---No. K Gook 2058 Page 253 - 254 MeN 3961 TOWN CLERK OF SOUTH WINDSOR VOL. 2 0 5 8 PAGE Schedule A (287 Strong Road, South Windsor, CT) Being that certain parcel of land situated in the Town of South Windsor,County of Hartford, State of Connecticut,also being known as 287 Strong Road, as depicted on a plan entitled: "Plat Plan Prepared for: South Windsor Stone&Landscaping, L.L.C.,287 Strong Road, South Windsor, CT,Date: May 19,2009, Scale: 1"=20', Revised: 5/22/09,by Design Professionals, Inc."and more particularly bounded and described as follows: Beginning a point on the southerly right-of-way line of Strong Road, said point also being the northeasterly corner of the property herein described and the northwesterly corner of land now or formerly Connecticut Light&Power Company; Thence S22°58'28"W along the westerly property line of land now or formerly Connecticut Light&Power Company,274.77 feet to a point; Thence S36°04'26"W along the westerly property line of land now or formerly Connecticut Light&Power Company,2.20 feet to a point on the northerly property line of land now or formerly Connecticut Light&Power Company; Thence N66120'58"W along the northerly property line of land now or formerly Connecticut Light& Power Company,353.22 feet to a point on the easterly right-of-way line of land now or formerly Connecticut Southern Railroad; Thence N15030'12"E along the easterly right-of-way line of land now or formerly Connecticut Southern Railroad, 70.71 to a point at the southwesterly corner of land now or formerly Arthur V. Silvestri& Cindy J. Silvestri; Thence S66°20'58"E along the southerly property line of land now or formerly Arthur V. Silvestri & Cindy J. Silvertri, 134.44 feet to a point; Thence N22058'28"E along the westerly property line of land now or formerly Arthur V. Silvestri &Cindy J. Silvestri,204.22 feet to a point on the southerly right-of-way line of Strong Road; Thence S67°01'32"E along the southerly right-of-way line of Strong Road,228.46 feet to the point and place of beginning. Said parcel contains 72,045 square feet or 1.654 acres. r-W`EiVED FOR RECORD AT 10 *, IS- AK-, RECORDED IN SOUTH WINDSOR,CT BY �1 _--?!.>—_ TOWN CLERK SOW N se" o * � To� O-Psot� ?d 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 f�°sox-co TELEPHONE(860) 644-2511 CERTIFIED MAIL 7011 1570 0000 63371815 February 1,2016 South Windsor Stone&Landscaping Supply, LLC Arthur Silvestri 287 Strong Road South Windsor, CT 06074 Dear Mr. Silvestri: Re: Appl# 14-07P, South Windsor Stone&Landscaping Supply Settlement Agreement We are pleased to advise you that the Planning and Zoning Commission voted on January 26,2016 to approve the Settlement Agreement, Docket No.: HHD-CV-14-6050103-S, dated December 11, 2015,regarding the above-referenced. This approval is subject to the following modifications as agreed in the settlement: 1. The defendant stipulates that plaintiffs are each aggrieved. 2. The parties hereto will ask the court to enter judgment in accordance with this agreement as follows: a) The operation of EHSG at 287 Strong Road is in substantial compliance with the approvals of the Town of South Windsor. b) EHSG will not process or screen topsoil or loam on the premises without further approval of this commission, but may continue to sell that product and have it delivered and ready for sale as part of its landscaping business. c) The sole entrance and exit drive will be directly from Strong Road at the location of the presently existing drive. d) The Applicant may apply at any time in the future to process material on the site, and any such application will be considered on its merits. 3. The hours of operation shall be as follows: a) Monday through Friday, 7:00 a.m. to 5:30 p.m. b) Saturday, 7:00 a.m. to 5:30 p.m.,April 1"through Labor Day, and 7:00 a.m. to 3:00 p.m.the day after Labor Day through March 31 st of each year. c) Sunday, 10:00 a.m. to 3:30 p.m. d) Incoming deliveries on the weekend will be limited to the hours of 10:00 a.m.to 2:00 p.m. on Saturdays only. 4. Each parry is responsible for their own attorney's fees and costs. 5. The parties shall present their agreement to the Court as a Stipulation for Judgment. Very truly yours, Bart Pacekonis,Acting Chairman Planning and Zoning Commission BP/llz cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal Attorney Wayne Gerlt Design Professionals, Inc.