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244 Barber Hill road (3)
APPL. ATION TO TOWN OF SOUTr.'VINDSOR PLANNING & ZONING COMMISSION APPLICATION NO. Sg RECEIVED DATE DATE FILED PREL. APPROVAL DATE FINAL APPROVAL DATE I REJECTED DATE RECEIPT NO. 41 APPLICANT VJo t4.v ADDRESS Q OWNER v .7--.).-t A--. ADDRESS Z LOCATION OF PROPERTY i F ZONERORRAm TELEPHONE NUMBER 6 Ch ck one of the following: ZONE CHANGE COMMERCIAL EXPANSION ZONES - PLAN OF DEVELOPMENT - SECTION 4.6 INDUSTRIAL EXPANSION ZONES - PLAN OF DEVELOPMENT - SECTION 4.6 SPECIAL EXCEPTION UNDER SECTION 4.7.17 GENERAL COMMERCIAL ZONES - PLANNING APPROVAL SECTION 4.5.13 INDUSTRIAL ZONES - PLANNING APPROVAL SECTION 4.7.21 FILING FOR SUBDIVISION (SEE "SUBDIVISION CHECK LIST") OTHER <5effV r STATE CLEARLY AND BRIEFLY THE REASONS FOR APPLICATION: o E"G o ?'a .v 4z ?iao I 9 R.IyEZ .E7s o t/qL 1. Application and supplements must be filed in triplicate. 2. Application must be typewritten or printed in ink. I Application must be delivered to the Building Department 5 days prior to meeting. Submit application as soon as possible because it will be returned if incom- plete or not described satisfactorily. 4. The applicant or his representative must be present for the Commission Meeting. Time and place to be advised.) 5. Application Fee of $25.00 required for filing Zone Changes, Construction in IX and CX zones, Special Exceptions and Subdivisions to defray expense of publication of Hearing Notice. Applications shall be accompanied with three copies of a map, minimum size 8- 1/2 x 11 inches, drawn to scale showing the land, buildings present and proposed, plot depths and measurements, street and building lines, also a measured distance to nearest street corner, names of abutting property owners, and a sufficient portion of surrounding area to make such a map readily intel- ligible, and the subject property either shaded or cross-hatched. If approved, the Zoning Commission reserves the right to request and the ap- plicant hereby consents to furnish, within sixty days following approval, three maps prepared by a qualified civil engineer or surveyor showing the items above referred to. Signed: i r Applicant Owner / APPLICATION TO TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ACTION gy THE I APPLICATION PLANNING AND ZON N OGMMIS- APPLICATION N0.SION AT THE REGULARLY SCHEDULED RECEIVED DATE MEETING ON THE FOURTH TUESDAY OF PREL. APPROVAL DATE THE MONTH AT TOWN HALL. FINAL APPROVAL DATE REJECTED DATE RECEIPT NO. f 1 APPLICANT ADDRESSA7r OWNER N. /05&& 41 lyADDRESS LOCATION OF PROPERTY isfat t a Al - jo ZONE CHECK ONE OF THE FOLLOWING: 1. Zone Change (Public Hearing) 2. Filing for Subdivision (See "Subdivision Check List") 3. Filing for Re-Subdivision (Public Hearing) 4. Special Exception Article 4.1.8 (Public Hearing) Article 4.2.3 (Public Hearing) Article 4.7.2.7 (Public Hearing) Article 4.10.2.4 (Public Hearing) 5. Parking—Article 8.5.16 (Public Hearing) 6. Site Development Plan—Article 4.11 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (Public Hearing) 8. Other STATE CLEARLY AND BRIEFLY THE REASONS FOR APPLICATION r'1 nm-- %.5 1. Application and supplements must be filed in triplicate. 2. Application must be typewritten or printed in ink. 3. The applicant or his representative must be present at the Commission Meeting. 4. Application Fee of $25.00 required for filing Items 1, 2, 3, 4, 5, and 7 to defray expenses. Applications, other than for subdivisions, shall be accompanied with three copies of a map, minimum size 81/2 x 11 inches, drawn to scale showing the land, buildings present and proposed, plot depths and measurements, street and building lines, also a measured distance to nearest street corner, names of abutting property owners, and a sufficient portion of surrounding area to make such a map readily intelligible, and the subject property either shaded or cross-hatched. If approved, the Zoning Commission reserves the right to request and the applicant hereby consents to furnish, within sixty days following approval, three maps prepared by a qualified civil engineer or surveyor showing the items above. e E Z APf CANT GW NER 1- r APPLICATION TO TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ACTION BY T IS HE APPLICATION AND ZONING COMMIS- APPLICATION NO. ' SION AT THE REGULARLY SCHEDULED RECEIVED DATE 7 MEETING ON THE FOURTH TUESDAY OF PREL. APPROVAL DATE THE MONTH AT TOWN HALL. FINAL APPROVAL DATE REJECTED DATE RECEIPT NO. APPLICANT William Mitchell - Mitchell Trucking, Inc. ADDRESS 90 Brookfield St. ,South Windsor,Conn. OWNER John Dz en ADDRESS 245 Niederwerfer Rd. ,South Windsor,Conn. LOCATION OF PROPERTY As shown on map ZONE RR CHECK ONE OF THE FOLLOWING: 1. Zone Change (Public Hearing) 2. Filing for Subdivision (See "Subdivision Check List") 3. Filing for Re-Subdivision (Public Hearing) 4. Special Exception Article 4.1.8 (Public Hearing) Article 4.2.3 (Public Hearing) Article 4.7.2.7 (Public Hearing) Article 4.10.2.4 (Public Hearing) 5. Parking—Article 8.5.16 (Public Hearing) 6. Site Development Plan—Article 4.11 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (Public Hearing) X 8. Other ExTsensien of- gravel removal permit. STATE CLEARLY AND BRIEFLY THE REASONS FOR APPLICATION As our perm16it expires as of August 6, 1971, we request an extension of time to complete the operation as originally approved, pursuant to Section 92 Item h of the Zoning Regulations. We request this extension for two years. 1. Application and supplements must be filed in triplicate. 2. Application must be typewritten or printed in ink. 3. The applicant or his representative must be present at the Commission Meeting. 4. Application Fee of $25.00 required for filing Items 1, 2, 3, 4, 5, and 7 to defray expenses. Applications, other than for subdivisions, shall be accompanied with three copies of a map, minimum size 81/2 x 11 inches, drawn to scale showing the land, buildings present and proposed, plot depths and measurements, street and building lines, also a measured distance to nearest street corner, names of abutting property owners, and a sufficient portion of surrounding area to make such a map readily intelligible, and the subject property either shaded or cross-hatched. If approved, the Zoning Commission reserves the right to request and the applicant hereby consents to furnish, within sixty days following approval, three maps prepared by a qualified civil engineer or surveyor showing the items above. t SIGNED r A PL CANT 1 t OWNER i JZ8-4431 289-5121 ate e Y i TRUCKING, INC. SO. W INDSOR, CONN. CONN. STATEWIDE P.U.C. DUMP TRUCK SERVICES EXCAVATING EQUIPMENT RENTALS JOSM CARINO RE: DZENS PIT Dear Joe, The material located at the rear of the pit is too large for Bank Run Gravel, so I would like you to have your committee look at this operation. In any case, we would like to come before your board and ask for an extension of the permit to operate the crusher. I Remain Thankfully Yours, William F. Mitchell., Pres. 4..r4431 289-5121 TRUCKING, INC. SO. W INDSOR, CONN. CONN. STATEWIDE P.U.C. DUMP TRUCK SERVICES EXCAVATING EQUIPMENT RENTALS Following are the dates and loads of material taken from Dzens Pit., 1970 Loads Feb. 0 Sept. 17 2 Mar. 0 Oct.26 7, Apr. 24 58 Nov. 0 t 28 7 Dec. 0 MAy 5 120 6 122 8 112 1971 n 11 120 12 120 Jan. 0 13 120 Feb. 0 n 14 120 Mar. 0 15 120 Apr. 12 72 20 120 If 13 50 21 120 May 0 22 120 Jun. 0 r 25 120 Jul. 17 2 t 26 120 19 18 27 120 20 12- 28 120 Jun. 3 31 n k 72 r 5 13 8 19 If 9 21 Jul. 13 97 If 15 26 t 27 14 Aug. 3 40 k 9 If 13 10 25 39 27 19 r 28 50, To be published in the Dartford Times Friday, January 10, 1969 To be published in the Hartford Times Friday, January 17, 1969 LEGAL NOTICE TaIN OF SMITH WEDSOR PL; 'J?'IIII.K'x AND ZONING CGMIUSSIUI`. There will be a public hearing of the Planning and Zoning Commission on January 21, 1969 at b sOO P,Mo at the South Windsor Town Hall to consider the applicatio of John Dzen fo emoval of gravel from property on the Writ side of Barber H oa , more clearly described on map on file in the Office of the Town Clerk. At this hearing interested persons may appear and be heard and written commnications will be received. Dated at South Windsor, Connecticut this loth day of January, 1969 JOSEPH J. CAR.INO Chairman Planning and Zoning Commission t, i IL3, 25169 Nre dd va"ifts commosus" Ow Dim' Mr• Dams Tb" Is to "Ti" t of from p ft U Of 11 be boardt 9 at 8#00 PON* alb3"tbM- 0 t to'requm AM or y"r row"/ tiv be at t for 00 is atee, vwy traly Yom*$ PLWXM joesph J• Carl" Obasrem Vjr F Oft Ear Ar a r• E fit -nt e g R To be published in ihe Hartford Times Simday, Ja.:ua.y 26,j 1>69 LEGAL !UT ICB Tl .,/.,+ i `'I'IDSOitiOJiJle11LaUal L`• PLC'i Ii tG 1 , ZOINING CO, ,1ISSION At a mecti.ng of the South-1,47irusor Plannin;; and Zoning; Commission field on Tuesday, J anuax-y 21, 19693, the application of John Dzen for removal vest side of Barber dill Road was approvedofgravelfrompropertyonthe This property is more clear: y described on map on file in' the Off ice of the sown Clerik. Effective date - January 27, 1969 Dated at South Windsor, Connecticut this 26th day of January, 1969 1 C}."N 01Y SOUTH 1411M OR PL tid IG ,Q4D ZO INING CU-11ISSION Joseph J. Carino, Chairman t w CONNECTICUT Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut 06074 March 20, 1969 Mr. Joseph Carino 2545 Ellington Road Wapping, Connecticut Dear Joe: I am taking this opportunity to write to you regarding my concern over approvals for gravel pit operations in South Windsor. My purpose in writing at this time is not based on any specific permit or instance but rather my overall concern regarding several problems that have evolved in the past and will con- tinue to be present in the future. We continually receive complaints regarding the routes of trucks hauling material to and from gravel pits. These complaints are often justified because of the large number of truck movements involved. For instance, every truck load of material leaving a pit requires a return trip, thus doubling the actual number of movements to complete a trip. I well realize that the Commission attempts to control the hours of operation and I think this has proved to be effective. I am concerned about the various routes approved by the Commission. Often the approval for a gravel pit operation is for a period of several years and I think the movement of trucks over specified roads for a period of two years creates a definite hardship on the residents. On the other hand, I fully appreciate the fact that a change of truck route only moves the complaints from one area or street to the area of the new route. The size of trucks hauling material continues to become larger in capacity and size. Truckers operating in South Windsor today are operating trailer units capable of carrying up to twenty yards of material. The units are high, wide and have a loud motor noise. This results in a safety problem of crowding roads and a swaying condition on the trailer units. Many of the speeding complaints are not justified, after checking tachometers on the trucks but their appearance and motor noise create a sensation of excessive speed. I would suggest that the Commission give consideration to the time of the year that gravel pit permits may be used. In the early spring we experience con- siderable road breakup caused by the continual pounding of the trucks and the soft road conditions. Many of our roads are not properly built to handle heavy truck traffic on a daily basis. I am asking that either the Commission limit the period that roads can be used for gravel hauling operations or require the applicant to post a bond to cover road repairs caused by the continual pounding of these trucks. I fully realize the right of truckers to haul gravel material under proper conditions and I do not want to infringe or cause this type of person to be forced out of business or into a position that he cannot effectively operate his lii;lhood. I do want to bring to the attention of the Commission some of the problems we have encountered over the past several years and will continue to encounter in the future. I think the time is appropriate to review the regulations for gravel pit operations since the Zoning Regulations are being revised at this time. I would sincerely hope that the Commission might consider a requirement that future per- mits for hauling gravel would require a review of the proposed route by the Chief of Police and that the Director of Public Works be required to suggest truck size limitations and hours of operation. The Commisgion might require that the applicant and Town inspect town roads prior to the commencing of operations and during operations to ascertain road damages caused by the continual hauling operat- ions. It is my impression that the truckers and town officials are reasonable to the handling of problems of this nature and through proper controls both parties can carry out their respective roles without creating undue hardships on the town and contractor. Very truly yours, TOXIN OF SOUTH DSOR Z1, Terry Spr nkel, cc: Mayor Howard Fitts Town pager Emil Lucek John J. Kerrigan Donald Mclaughlin I iI i i I i I April t 4r. TWrr V. SpreVXGl Town gumaw Town of nth Wor cutb Vlud zor, 00FOOGUmt Dear Mr• $preniWl: This in in rssp=w* tO YOur-'U*Ch 20 Ut*er 1' UtIM t* J` s over appro'vs,24 for gr$V*i pit optratimo in Sontos WIN & Hinamb activity b" takm pl&m and i thImk us b6th apprsaWO ftficimaims which mw wast regarding 'sooh I your letter vi l bs "Midrrod ter_ V20mlng Za -Chi and1: the tit with Mr bwr'P asad tbvat of tAW can up with a "get,,stion r*Lich Us n*eded in TOO for ff*r`ttaas* i will ros t %tw ---4,.toion to r*YUN Wx seotUn of tians in the very war fU and vs WM bs -ia *wta" Frith O fUM I styourjdaw time rngvrrdiDg tot # be written• ywy truly YVms Ica dasaph Jo Carina Gbsirean i i cc: SjUing Impsator mcLwghlin Tom uwer Lucok i mayor Fitts h.W of police lorrt gan Tom Attorw cavmauo I i L r r Ss ai`r`i rF i} ' •- - ., L'. W i.,,, 4 .apt-d-c• ',-__ ,rt+'S'Ti 4 e''i,,.Tp ,.'.4 ',{ r a ... eaars y` a4•„> e e,•. 7 t. '_"•r-.r r9.,,.` •;''-`.-" iA, y ! x f* V° j,•.l', r• ` ki'rt.`r J^i•" r.• ,? :°"'. ,Y,,"'%`y ,1' a#`v' - :.t.; t ,a R x`yr r :r.'` _r" E`^ ,' w^ 'p+:` , i`'r N.''`,_a,`='i`xi.c, "'; s ,lF- '"e' FaAN:jg „ t , & a." A m `S i.. 5,"W,"-;.n tg `.$i,i';"'.•#k'i. xT..e.l,xyyruw vy`t`J,2ire, r .. m,., y,F:, . _ , rn, "f " ;? wa `'"f ..' 2. pi.r yY r^t.,} p. ' _A•.`.,,.`. ` —a ,, r .. j ,*' q: aIf r-t P""'• „ ', ys a p:; .ds r 4•-:_tt, R.— ' _ rot.r,. .•fig,&°,:1i „'Ev,';: yi• x " 2.xF,''•gri"'i R .•,, 4 ,}w_.: ;.e^•. _ - a 77 71 50 Miller R06d Wapping, Conn. 067 12, 1969.Er. Y Of rown mem age r t Town cif South W ndsor ou in ' 6r, Conn.`t. 3 De ar Mr. Sprenke 1: that Mitchell BrothersSeveralweekshavepassedsinceyourletteradvising 4 t to the Planning and Zoning Comission 8n amen othing Se for al would submi seems routes"from the Dzen Gravel Pit on Barber Hill Road. lished to this date. In the interim trucks from many to have been accomp Pit These trucksravelfrom•this p' continue t o haul sand and g Spillage co? posted speed limits. are over-loaded and are not observing and excessive dust conc'itions exist. of gravel onto the road is continuing pavement where the base is presently To date no repairs have been made to the p exposed. ro e rt b Mr. John Dzen The permit authorizes the removal of rav l from the P P conditions listed Mitchell Trucking Inca in accordance with the seven (7) has not made d like to point out tchell Trucking dthatMitchell in the permit. I S free from gravel spillage; that the an any effort to keep the roAdway 000 not $15 9000; required b the Planning and Zoning Commission was seEl.lington, Nevers roads.requ Y licit as M.11er, and that the route specified was exp Y=_ ` m V ^ rem ,",, r .- ;his mf3 rem •it.. also explicit in who y rt -rt:rty.only John Dzen ana Mit c,lc-I _ ic.LiLg r .v., hingincluceJ_ " th'$ g other prohibit the removal of anyt building inspector to immediately p truck not directly owned by Mr. Dzen or Mitt eDzenrorTrucking than gravel by any operated by an employee of or leased by Written agreement and Mitchell Trucking* this permit should have been issued in accoio suc ce with as .thwithin rthe rmore, P limitations set forth by the Planning and Zoning Comm iss 2 000. Since seven (7) days, effective date January 7 , 1969, and bond $5 , the permit does not comply it is not valid. Sincerely yours q ames F. Davis i l JFD//bjm cc: Mr. R. Martin TOWN OF SOUTH WIND 1t:,JR TOWN HALL SOUTH WINDSOR, CONNECTICUT 06074 may 19 , 1969 DEPARTMENT OF Mr. Joseph J. Carino, Chairman Planning and Zoning Commission Town Hall South Windsor, Connecticut Dear Joe: • dvised Ed Kuehn, and I believe he has so informed I have a and Zoning Commission has power you, that the Planning public hear- to alter the John Dzen permit except after a ing. they hand, Mr. Dzen has the right under the exist-- On the o the Commission, ing permit, without any further rucksnuse whatever routes to have the loaded or unloaded t ravel on he wishes, so long as "no truck traffic aiding gravel on Miller Road, Ellington Road, e permit not limit truck prior to 8 a.m. In short, the p o filler Road, Ellington Road, and IveVers oftraffict prohibition against the use Therefore, there is no other roads. 11 I also advised Ed Kuehn that in my opinion Incidentally, ravel" can be the expression "no,truck traffic trafficicuonnthe road for the construed to mean no truck tAc 1 I think it can gravel" . Accordingly, purpose of hauling g trucks approaching the gravel pit be argued that empty d on for the purpose of hauling gravel are not permitted to I•?iller Road, Ellington Road, and Nevers Road prior 8 a.m. copy Of letter from For your information I alsoer. Tserry asked me to answer Mr. Davis to the Town Manag Of my reply. the letter, so I enclose a copy Very truly yours , Daniel P. Cavanaugh nmc Enclosure cc Mr. Edward R. Kuehn, Attorney May 19, 1969 Mr. James P. Davis 504 Miller Road Wapping, Connecticut 06087 Dear Mr. Davis: Your letter of May 12 slakes a number of factual claiss, such as that the trucks are overloaded,, are not observing posted speed limits, that there is spillage of gravel on the roads, and excessive dust conditions exist. It is my uvAerstanding that the responsible Torn officials havein- vestigated these and other similar claims and have concluded that there is no substantial basis for doing any re than has been dune to assure that the terms of the it are complied with. In thy event, it is not re sibility as attorney for the Town to deal fac ues of this kind. Accordingly, thi 11 be fined to the questions of law rain your 1 ter. The bend requir Pla in Zoning C ssion was originally set 45,Q b t as later set at $15,000, asin permit o th issi , he permit issued by the il:dinq Depa d not specify the particular routes ed Sit loaded or unloaded trucks. The ui cnt is that "no truck traffic hauling gravel d, Ellington Road, and Nevears Road shall be prior to 8 a.m. " I have therefore advised the attorney for the pearmittee that his client may, without altering the permit, alter its routes so as to reduce th Load of traffic on certain roads. The proposal to hold a public hearing was, I think, made on the mistaken impres- sion that the permit required the permittee to use only Miller, Ellington and Nevers Roads. Finally, the letter of June 22, 1968, froi the Commission to Mr. Kuehn states that "permit for this work must be issued within seven days of the date of this letter." The seven days would expire on January 29 , 1969. The permit I am looking at is dated January 28, 1969. i z_ I ass not at all hopeful that this latter will quiet other apposition nor ass I hopeful thatanything or any the r - Tvwa official can do will satisfy wish tojaobjections- fore, this mat- ter, , I suggest that if you still tor, perhaps you and the others interested shouldhuldss tretaatter. ain an attorney with whom I shall be glad to disk Very truly yours. Daniel P. Cavanaugh Town Attorney I t` May 22, 1969 O fice of Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 Yx. Sprenkel: In regard to our mutual problem concerning the hauling of sand and gravel by the Mitchell Trucking Company, Incorporated, I thought that I could possibly be of some assistance if I documented, to a degree, the background as well as the current situation as it stands today. I have also taken the liberty to document the overall opinions of the area residents involved. 0n January 21, 1969, Mitchell Trucking Incorporated requested a temporary and conditional permit to allow the removal of sand and gravel by excavation from a 21.5 acre parcel of property known as Gravel Pit, Barber Hill Road, town of South Windsor. The current occupant and owner of this property being John D. Dzen, of 244 Barber Hill Road, South Windsor, Connecticut. A public meeting was held sometime in January and at this time the South Windsor Zoning Board of Appeals granted and issued a hauling permit for a period not exceeding two years beyond the date of initial commission approval, to the Mitchell Trucking Company, Incorporated. The granting of this permit and the excavation and hauling of this material has created a safety and health hazard. It is also detrimental to the safety of the adjacent property owners and to the immediate neighborhood and to the town of South Windsor. At the inception of this undertaking, there were thirteen round trips being made on a daily basis by ten vehicles. This entails 260 physical traverses per day per residence. This material is being transported to the Manchester Sand and Gravel Processing Facility located at 60 Adams Street, Manchester, Connecticut. The continued heavy traffic resulting from this operation is subjecting the area residents to considerable harassment and hardships. These are as follows: 1. The heavy traffic volume (fifteen trucks at one time were being employed) is an increase over and in direct violation of the proposed contractual agreement between the town of South Windsor and the Mitchell Trucking Company. The initial permit that was granted specified that no more than eight to ten trucks would be utilized for the purpose of hauling this material on an hourly basis. Another direct violation of this permit is that Mitchell in not complying with the agreed upon starting time. Numerous times, trucks have been observed hauling before eight o'clock in the morning. . 2- 2. The use and expansion of this sand and gravel operation has and will continue to contribute to increasing conges- tion as well as intensifying traffic hazards in this tranquil and serene, rural residential neighborhood. 3. For a period of two years, this heavy traffic will con- tinue to constitute a safety hazard to the numerous children as well as adults residing in this area. This situation will increase in proportion and magnitude during the summer vacation period. 4. This heavy traffic consisting of vehicles in excess of 73,000 gross pounds is causing extensive damage to town roads. The roads involved are Barber Hill, Ydller, Ellington, and Buckland. Currently, the intersection of Barber Hill Road and Miller. Road has been severely dam- aged to the degree that no blacktop or asphalt exists for a length of approximately fifty feet. These are secondary roads with the exception of Ellington Road which is a state highway and these roads were not designed to handle traffic of this magnitude. 5. The noise level produced by these 10 wheel, 20 speed trans- rassion trucks is a source of inconvenience and annoyance to the residents on the route. This noise has, and will increase in intensity and become more evident during the summer months when windows are open. 6. The Mitchell Trucking Company, Incorporated is not com- plying at all with the established speed limits posted on this temporary hauling route. In addition, trucks are failing to grant the right of way, as well as not coming to a complete stop at the stop sign located at the intersection of Miller and Mington Roads. 7. Iktensi.ve structural damage tQ homes in this area can result if this operation is continued and expanded. This damage can result from sonic vibrations and earth tremors caused by normal operations of these huge vehicles. Over- spill in the form of gravel, rocks and boulders, etc. i.e. can, to a degree, contribute to this hazardous situation. It is anticipated that this operation will continue with the possibility of expansion for a two-year period, seven hours a day with an additional provision to haul 14 Saturdays in addition to Sundays when deemed necessary. The Mdtchell Trucking Company, Incorporated can also be granted an extension of time or modification of the scope of the work originally approved by the commission with or without. a public hearing. 3- illy aware of the fact that the tol,rn of South 11:indsor has issued a con- ditional permit for the hauling of this material from the gravel pit located on Barber Hill Road, I think it is evVernt, and it ations thatatriisen con- cluded based on our numerous meetings and con opera- tion will continue with no limitations or restrictions in regard to the magnitude or extent of this industrial gravel pit operation. There have been, in ny opinion, numerous violations of the original permit.These violations have been brought to your attention as they occurred. I feel that the residents in this area should be entitled to the same considerations as the Mitchell Trucking Company, Incorporated is receiving. Since the inception of this program and the gratin gof this permit,we Jim have been subjected to considerable harassment Davis and I have discussed this subject at great.lengths and have concludedotherofficialsofthetowntoonumeroustomention, little or nothing in regard to the overall control or curtailment of this operation. I am sympathetic with the Ivitchell Brothers but when an opera-tion of this magnitude reaches this proportion in a densely populated residential area such as ours, it must be controlled before an embarrassing situation results or a fatality occurs. I cannot overemphasize the fact that when this operation is extended into the summer months, the probabili- ties of such an occurrence will undoubtedly increase. I do feel personally, however, that a mutual compromise can be achieved if the admi.nistrCation of the tol-rn of South Windsor and the chell trucking Company, somewhat receptiveIncorporated, will comply to a degree and be s p to the demands of the residents effected by this operation. I have spent considerable time developing a list of suggestions and lalternatives which However, may or may not meet with the approval of all the partiesthisissomewhatofagiveandtakesituationandshould be approached as such. The recommendations are as follows : A. Research further the opportunity to use alternate trucking routes within the town. (If such a program be developed and implemented, I feel it will be instrumental in resolving this entire situation.) B. Consideration should be given to alternating the days of hauling. This would reduce the numerous complaints caused by consecutive repetitive daily trucking operations. C. Increase the magnitude of the entirtoosatisf ra1n order to contractual reduce the number of days required Y agreement. Area residents would be less reluctant uld to combe plainiftheywereawareofthefactthatthehaulingconcentratedeffortforashortperiodoftime. D. Develop, if at all possible, a schedule of days that local residents can expect hauling. Housewives in then make a concentrated effort to keep roadways clear and children confined to back yards. 4- E. Fake appropriate road repairs as necessary in order to cur- tail and reduce the excessive amount of dust and dirt currently being raised by this operation. Irmediate re- surfacing and repairs of the Barber Hill Road, tn.11er Road intersection should reduce the current inconvenience caused to area residents. F. The Mitchell Trucking Company, Incorporated should also make an honest and sincere effort to limit overloading of vehicles utilized for this operation. Currently, the majority of trucks are operating overloaded.. The acceptance and implemen- tation of such a program will undoubtedly reduce overspill. G. A periodic inspection of the entire operation by town officials should be made in order to satisfy and insure residents that trucks are complying with established limits and operating in accordance with the overall requirements and limitations as specified in the original permit. To date, we have received little or no relief in regard to this problem. Additional hauling contractors other than Mitchell are now being employed in this operation as well as town trucks. Currently, however, the Mitchell Trucking Company is hauling on a limited basis. If a compromise can be achieved and the Mlitchell Brothers can indicate that they are willing to substantially reduce this operation and comply with Items A - G of this letter, then no further opposition or pursuance of this subject is necessary. If this entire operation is then administered on a controlled basis, I personally would have little or no objection to its continuance. However, I would like the opportunity to discuss the proposed suggestions with you as well as the other individuals that were in attendance at our last meeting. I am optimistic that at our next discussion, we can achieve a mutual and satisfactory compromise concerning this issue. I would like to thank you for the overall cooperation and effort you and other officials of the town have personally devoted in trying to resolve this difficult situation. This effort is greatly appreciated. Sincerely, lal. 77z.air Robert A. Martin 517 Miller Road RAM:KES Mapping, Connecticut cc : Jim Davis Howard Fitts, Mayor, Town of South Windsor Joseph J. Carino, Chairman, Planning and Zoning Commission Edward Cuion, Attorney, ritchell Trucking Company, Incorporated Ion Henry, Councilman b c Glassman, Councilman John Kerrigan, Chief of Police Frank Cavanaugh, Town Attorney Robert Gilligan, Chairman, Zoning Board of Appeals 3iio Loucek, Town Engineer Donald I,.claughlin, Building Inspector OCTAVE BAND DECIBEL READINGS Date: Monday, May 26, 1969 Sub J ect: Location: Surveillance and recording of Mitchell Trucking 1. Roadside - Miller Road Co., Inc. operation regarding hauling of sand 2. 50 feet from Miller Road and gravel, using Barber Hill, Miller, .lington 3. 50 feet from Barber Hill, Miller Road and Buckland Road Route. intersection. Loaded Trucks - East)4. Inside home - 517 Miller Road 130 i30 120 120 110 110 100 100 X X 106 _ 9 1-4 4.- 1T 780 7o 70 - 60, y y zt 50 200 500 1000 2000 4000 8000 16000 31500+ LP 31.5_ 125 1 1 1 1 Lin- 63 200 500 1000 2000- 4000 8000 16000 31500 OCTAVE BANDS IN CYCLES PER SBCOND(cpa) OCTAVE HAND DECIBEL READINGS Date: Monday., May 26, 1969 Subject: I,cation ll Trucking lU. Surveillance and_recording of Mitche Roadsidee fromlNlillerdRAad Co., Inc. operation regarding hauling of sand 2U. 5 5U feet from Barber Hill, Miller Road grdvdl, using Barber Hill, miller, .lington . 3U' intersection.I Buckland Road Route. inloaded 'Ducks - West) 4U. Inside home - 517 Diller Road 130 130 120 120 110 lit 100 100 _EE 90 80 so 24- 70 m a 79 = 60 17 5 50 200 500 1000 r 2000 1 000 8000 16000 31500- LP 31.5 125 Lin- 1 63 .200 500 1000 2000 WOO 8000 16000 31500 OCTAVE HANDS IN CYCLES PER SDCOND(CpS) Yay 27, 1969 Town Manager Sprenkel: As you are aware, Section 9.0 of the Town of South Windsor Zoning Regulations pertaining to sand and gravel operations is written as follows: The purpose of this section is to preserve a cover-crop on the land to prevent erosion and to control any excavation operations that may create a safety or health hazard to the public or the adjacent property owners, or be detrimental to the immediate neighborhood or the Town of South Windsor. Section 9.3 F further supports Section 9.0 as follows: In reviewing such applications, the commission should consider the effect of such removal on surrounding property and further usefullness of the premises when the operation is completed. The current zoning requirements adopted May 1, 1969 by the Town of South Windsor were drafted initially to control the overall use of land and build- ings within its boundaries. They were, or should have been, developed in accordance with a comprehensive plan designed to: A. Lessen congestion in the streets. B. Promote health, safety, convenience, and the general welfare of the residents residing in the town. C. Prevent the overcrowding of land. D. Stabilize property values. E. l courage the most appropriate use of land. These regulations also restrict the uses which the individual home owner can make of his property, in order to bring about good conmanity development. After reviewing the current zoning regulations governing the town, I con- tinue to ask myself the obvious question, were these attributes (Items A - E) seriously considered at the time the initial application, submitted by the Mitchell Trucking Company, was reviewed and granted? Unfortunately, it was the decision of the Zoning Board of Appeals to grant a conditional permit for a period not to exceed two years. For obvious reasons, no hauling was undertaken for a 15-day period. This maneuver insured 11itchell that the original permit granted by the commission could not be appealed. I feel that the Zoning Board of Appeals, to a degree, neglected to consider the ramifications of such an operation and were not fully aware of the magnitude or scope of the entire project. K 2- I also believe that the Mitchell Trucking Company was somewhat devious and reluctant regarding the disclosure of details when applying for the initial hauling permit. I can not believe that such a permit could possibly be granted if all the factors pertaining to the operation were disclosed. As you are aware, once the operation started the Mitchell Trucking Company immediately submitted an additional application fora stone crusher to further expand the facilities, and facilitate the operations of the gravel pit located on Barber Hill Road. This application was conveniently with- draim due to the rather obvious neighborhood opposition in attendance at the April 3, 1969 public Zoning Board of Appeals meeting. I understand the unfortunate position the granting of this permit places the commission and town in, but I also must consider the overall continuing effect this operation has had in regard to my family environment as well as the taut atmosphere this has created in the neighborhood. I do not feel it is necessary to reinerate this situation or the obvious repercussions which have resulted from this operation. Numerous residents have written and telephoned you regarding this subject and have received little or no satisfaction. I understand that you have an insurmountable burden to bear, managing a com,unity such as ours, and I appreciate the tremendous responsibility and frustration of your position. However, the majority of residents involved and effected by this operation are entitled to some consideration. After numerous discussions with residents of the I•1iller, Barber Hill Road section, I understand it is the consensus of opinion that a- reasonable cur- tailment and reduction of this operation would definitely satisfy the majority of area residents. I am sure that the Mitchell Trucking Company would be receptive to any of your suggestions and demands regarding this subject. ours truly, J10Vos, ph L. Snyder 29 I.1iller Road Wapping, Connecticut JLS:CM c"c : Howard Fitts, mayor, Town of South 14indsor Joseph J. Garin, Chairman, Planning and Zoning Comriission- Robert Gilligan, Chairman, Zoning Board of Appeals Donald McLaughlin, Building Inspector Abe Glassman, Councilman Don Henry, Councilman Robert A. Martin James Davis i; . F}pi i';i 'Ij,i• t,',},:al i1; {i f; 11i iNi,.S iI ,,.,'tlLl+:a;h :1y'SSi L` {' ''•i VA p JAI d'eu1 lit ! 1.} '-' *,: • t y Sullivan Avenue South Windsor, Connecticut 06074 1, 1540il ;:wilr, aµ ,Town Hallia May 28, 1969 Mr. Joseph L. Snyder 529 Miller Road Wapping, Connecticut Dear Mr. Snyder: I have received your letter of May 27th regarding these of Miller Road as part of the travel route used by Mitchell TruckingSouth for the hauling of gravel from a gravel pit located off Barber Hill Road. The property of the gravel pit is owned by Mr. John Dzen. I am somewhat perplexed regarding your letter and the fact that the Zoning Board of Appeals granted the gravel permit. It y upon checking the town records, that the permit in question was granted by the Planning and Zoning Commission after a public hearing held on this matter. The Planning and Zoning Commission granted this permit subject to certain conditions and requirements. The Zoning Board of Appeals was requested to hold a public hearing, at a later date, on a petition to allow the use of a stone crusher at the Dzen pit. This application to the Zoning Board of Appeals was withdrawn by the Mitchell Trucking Company. In regard to your comments concerning calls and letters to me regarding this situation I should like to point out that the various operating departments of the town government, including myself, cannot over-rule the action of an elected town agency, in this 'case, the Planning and Zoning Commission. The Planning and Zoning Commission granted this permit acting within its implied authority and within the scope of its regulations. This administration is fully aware of the situation regarding the travel of these trucks. One session was held involving some of your neighbors, the Mitchell Trucking firm, representat- ives of the various departments and members of the Town Council and the Planning and Zoning Commission. On three other occasions I have met with neighbors regard- ing this matter. The Town has reduced the posted traffic speed on Miller Road to-a 25 m.p.h. zone and police cruisers have been assigned to the area involved in an effort to reduce the speeding complaints received from your neighbors. Police patrols and Chief John Kerrigan have been very much involved in this problem.. As long as this permit remains in effect we shall continue to express continued interest in the situation, within the legal framework of our authority. I might also indicate to you that we requested the Mitchelonructhe is Companion y to use alternate routes so as to lessen the degree of traffic Miller Road where you reside. The Police Department has made field inspections and we find that alternate routes are being used. I might add that we have continually been taking corrective action against Mitchell Trucking to the point of being charged with harrassment. j Pajze Two Mr. Josepr1 L. Snyder 1 S GVE r it A been requested by a Mr. Martin concerning th' mee ing has h re-sidents ru;ct. % have _ndicated to Mr. Mart my willingness to meet wit p fi Mr. Ilartin cannot attend meetings during the ds.y at any ,s:Le, Unfortunately, and a ses s ion is ,be i.ng arranged for an evening next week. I shall certa inly inform you o' this meeting and hope that you can attend. attempt- gin closing, I want to assure you that the admin+J+ in theranleJalauthority ilig to take appropriate action on this trucking problem wish g o Ls, I sriould like to reiterate that the departments this°case, ethee of anted legal authority to void the action of asomedope the nresidents have requested that Planning and Zoning Commission. While is Travel pent I cannot undertake this request becausecactionf would existing w tndraw this , State and municipal ordinances and laws and to undertake effect. result in an action being ultra vires and have i trast the above information will attempt to clarify the status and gravel permit. gbackround surrounding the issuance and use of this Very truly yours, TOWN OF SOUTH WINDSOR Terry Sp nkel, ` Town anage cc: Howard Fitts, Mayor Joseph Carino, Planning Comm. Robert Gilligan, ZBA Donald McLaughlin, Bldg. Insp. Councilman A. Glassman Councilman D. Henry Mr. Robert Martin Mr. James Davis t V A -ids©. 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G he aftemoon,lJ Ue 1 r w o his Etter C.G 1! v.= ..v Clll,le 4Jvr Lre yO`"J.1'v`l:S ?vho ar-a Y'OCG Ilr io O J.iF.il 1 11g s G ITOu W-i uo a,,JIiC {r sme:L' Fz iced "`y - 11:>2t wi- y:u-° ayop^ova:.11V W_ Ve-:•y truly your:,, i o w—LI is%ana.ger cc. Len ry ice V'Ji.•iGJ lA'J r:.i'..1 hn j_t:JiJo-'n 'r J. 1 Ca.vanauZh 1-, T J:3-,Ah Ca-in o mil111— L_-,V im..11 Dof-ald V a A x a 9x lot X. Jw oil diplits, J4 corbov #mil ftbow Uff" T* l 0=1 m' "* 1 I482soII*t DNW jum 40 do took bmltft so valw mftd* I vow t yew Mom. 14 0 R A N 1) U IK T0: T,eiriber, of the Town Counci 1, Chief John J. Kerrigan, Public Works DireIt(-,r mil Lucek, Building Inspector• Donald McLaughlin, Planning CV:,LYrL_Jui_on Chairnian Joseph Carino, Town Attorney D. P. Cavanaugh, Attorney EdVV'Ird Kue'ln, Mr. James Davis, Mr. Robert Martin, Mr. John Dzen and Mit the 11 Trucking, Inc. Hov-: Terry V. Sprenke 1, Town 14,a nager DATE: 3 June 1969 SUBJECT: T,,M;M0RAl,1DJM O4 UNDJRSTANDNG - RE: HAULING OF GRAY,L MATERTAL 0% TGU? ROADS FROM `.1'HE DZEN GRAVEL P:TT OF BARBER HILL ROAD. The i'cllowing basic agreements were accomplished as the result of a meeting heid 3t 3:30 p.rrt. in the Town Council Chambers in regard to complaints from residents of the Barber Hill Road and Miller Road area. The comp' faints specifically in- volved nuomber of trucks, number of trips on a daily basis, noise, speeding, weight control of trucks and the possible use of alternate routes. Tre representatives of the Miller Road residents and the Mitchell Trucking Company agreed ghat the number of loads of material leaving the Dzen Pit on Barber Hill Road 1frouid limited to a maximum of 150 loads per day. The r•eprclentatives of the Miller Road residents and Mitchell Trucking Company agreed that the trucks would be spread out over a reasonable amount of time in an effort o eliminate the problem of trucks being grouped or "bunched" . T'r.e representatives of the Miller Road residents and Mitchell Trucking Company agreed to uae alternate routes wherein loaded trucks would use Miller Road Qne week traveling loaded and an alternate route traveling "light" or empty. Tiffs schedule would be reversed on alternate weeks during the hauling program. The representatives of the Miller Road residents and Mitchell Trucking Company are fully aware that the South Windsor Police Dr'partment will continue to operate an effective enforcement program in regard to speed of the trucks and the weight of the units, based on "gross vehicle weight" . This shall include use of weighing of trucks, radar and other means of traffic control. 1L the representatives of the Miller Road residents and the Mitchell Trucking Company agreed that efforts would be made to control dust problems in the trucking area. The Town of South Windsor and the Mitchell Trucking Company agreed that the Mitchell Trucking Company shall continue to remain responsible for certain damages to the road travel portions and that necessary repairs will be made in accordance with instructions from the Director of Public Works. The above I+MORANDUM OF UNDERSTANDING shall become effective immediately in accordance with the meeting held on June 3, 1969 at the South Windsor Town Hall. F M O R, A N D iJ M T0: Members of the South Windsor Town Council rR.ONI: Terry V. Sprenkel, Town Manager DATE: July 5. 1969 T r Tr?F, GRAVEL PEr MT.T OPERATIONS AND TRUCKING OF GRAVEL BY MITCHELLSJBJZCT. S T A tIS O. 9'HUCKING COMPANY darn is being submitted to you with the intent of advising you of the This MI-emcran tion on Barber Hi'..1 Road on the Dzen property and s tus of the gravel pit opera tions by Mitchell Trucking Company.the accompanying trucking opera 1 ' of the ravel pit and the trucking from the Barber Hill Pit BuildinglceasedTheopera'-ions g were completed. h on June 16, 1969 when Section I of the operations Engineeringerin departments made a survey.of the operations andubascertained Inspector and Engi e g the the o erations had been completed, as in conformances compiled indicatingthatp to the Planning and Zoning Commission. Proper survey data the status of the operation. not operated over the various roads, Miller Road, Barber Hill Kitchell Trucking has IandEllingtonRoadsince the completion of the Section'I operations.Road . g A1torne has ruled that perrt ission must be obtained in the form of a perTheTotim Y g Commission for gravel removal operations in thenitfromthePlanningandZonin sections of the Dzen pit. Mitchell Brothers Trucking Company herrlit renaining two and Zoning Commission for a p properly filed an application with the planning in Section II of the Dzen pit. This permit request is being to continue operationsand Zoning Commission on Y, presented to a public hearing by the Planning gco r is anticipated that the hearing will generate a' Commission willc1my15, 1969• It cunt of public interest from residents in the area andtht the arr p permit is attempt to attach certain conditions if a Pe granted. 069 complaints from residents As a result of the ceasing of operations on June 16ceased. I assume that the Town of Barber Hill. Road and Miller Road have bif the Dzen pit is approved and trucking Will experience an increase MitchellTrucking. operations are commenced by T u ile the Dzen pit has ceased o „ratiops and trucking over the Barber Hill and in Road areas have decreased we have continued to experience trucking complaints m and Nevers Road. These complaints have been generated vicinity of Graham use of these roads for hauling of material from ckin WandsGreenfield Trucking. We Comp ir ts have been lodged against u Mitchelledradar in the areas that are the source of have increased police patrols and complaints. Again our efforts are only partially effective. Truckers have been when the are aware of radar and police activity. When our efforts mos,, observant Y r nt complaints increase.are moved to another area its'is appa 8 r s of the Nevers Road and Graham Road area have become sbeo].ved in Several resident athismatterandthistruckingproblemhasresultedinalatterthat to Council for the July 7th meeting, The Police Department has made every effort to exercise control over the trucking operations in South Windsor. We do not have the controls on routes and timing available to us cn the Graham Road and Nevers Road complaints that we had when the gravel pit was located in South Windsor. We have attempted to use police controls to the best degree possible. Again, I reiterate, we are effective when in the area but problems arise when police units are assigned to other matters in the community. Police efforts have been at a maximum effort in the community. We have reduced the number of complaints throughout South Windsor with the exception of certain areas at various times. Council will be presented with a suggestion that tonnage limits be placed on certain roads in South Windsor. This suggestion has certain merits and should be properly reviewed. On the other hand, you tend to create a hardship on certain trucking operations that are necessary to a community. These might include contractors, delivery firms and moving companies. You also become involved in a major policing program throughout the community and cause a possible increase in citizen complaints when the legislative body,,.arbitrarily designates certain streets for through traffic or truck traffic and limits other streets to non—truck traffic. The overall truck traffic problem has been studied and reviewed by the various departments of the municipal government. It is our opinion that the trucking problem is not as serious as one might assume. The problem is serious and very emotional in isolated situations. The concern mounts, based on the noise and number of units operating, and then decreases as the noise and number of trucks is reduced or e limi nat e d. Another aspect of interest is that in moving trucks from one area to another or splitting routes into alternate trucking movements usually results in an increase in complaints rather than a reduction of complaints. This is due to the fact that the problem is spread out over a greater area and affects more residential units. RECOMMENDATION The administration is of the opinion that there is a definite need for greater publicity by the various boards and agencies involved in the granting of permits that:.involve the movement of traffic or the generating of noise levels . This should include requests for not only gravel pit operations but special requests for fairs, outdoor activities and other operations that are unusual and could result in abnormal activities. The various agencies should make every effort to issue press releases on the various permits under consideration rather than place reliance on the scope of legal notices or stories that the press may write based on legal advertisements. While I realize there is no legal obligation to issue news releases on the various unusual" requests or permits experience clearly indicates that people do not read legal notices and often legal notices are tucked into a corner of a paper. While it is also true that the average person only reads headlines of a paper the use of a press release would at least be a effort on the part of the involved agency to provide additional coverage of the items that are coming before a specific agency. COMMUNITY NOISE The sources used as reference to prepare this report are as follows: 1. Noise Control - by Bolt, Benner and Newman, Acoustical Engineers 2. The Association of Casualty and Surety Companies special Hazards Bulletin z-64 3. Handbook of Noise Control - Harris 4. Flandbook of Noise Measurement - General Radio Company 5. The Federal Register, Volumne 34, Number 96 Department of Labor Prepared by: Robert A. Martin, Management Consultant June 10, 1969 COMMUNITY NOISE Noise and Community PlanningrI Community planning and its subsequent implementation by zoning regulations are essentially protective measures insofar as noise is concerned. The protection that it affords is three-fold. 1. The resident must be protected from the intrusion on his privacy caused by outside noise. 2. The com mmity must be protected from having the property value, and hence the tax revenue of land surrounding a noise-generating operation, reduced. 3. The manufacturer or operator of a noisy process must in turn be protected from law suits and post-facto expenditures for noise control. The South Windsor Planning and Zoning Commission, when reviewing applications, has an overall responsibility to the public and community regarding the granting of conditional permits. In every case, the Commission must consider the overall effect that the granting of the permit being reviewed will have on adjacent and surrounding properties. Regarding the removal of sand and gravel , and related excavation operations, the Commission must continually refer to Section 9 of the Town of South Windsor zoning regulations, which states: The purpose of this section is to preserve a cover-crop on the land to prevent erosion, and to control any excavation operations that may create a saw or health hazard to the public or the adjacent property owners, or be detrimental to the immediate neighborhood or the Town of South Windsor. In reviewing such applications, the commission should consider the effect of such removal on surrounding property and further usefulness of the premises when the operation is completed." The Planning and Zoning Commission should also in cases relating to sand and gravel excavation, obtain estimates of the volume of current automobile and 2- estimated truck traffic on the suggested route of travel at various times during the day and night. It is also advisable to designate a special committee to survey the proposed trucking routes, adjust speed limits accordingly, reduce to a minimum the number of stops necessary, and to obtain data and specifications concerning the equipment which is to be employed in the operation. This material should be gathered to the extent it is necessary to make an accurate analysis. The final consideration should be to decide upon the noise exposure that will be acceptable. This will depend to scene extent on the projected magnitude of the proposed operation. If the land involved is a residential area, then the acceptable levels should be consistent with the levels that people living in such a residential area would normally expect. Such levels should presumably give rise to negligible or, at most r latively mild community reaction. Unless sufficient background material and data is obtained it is impossible to make an accurate decision regarding the degree of community reaction that is to be considered acceptable. General Statutes Covering Noise The Connecticut General Statutes Title 6-7, Governing Counties and Municipalities, Section 7-194 regarding Noise, Noise Pollution and Noise Abatement, is stated as follows: Paragraph 20) To keep the streets, sidewalks and public places free from undue noises and nuisances and prohibit loitering thereon. Paragraph 25) To preserve the public peace and good order and to prevent disturbing noises and causes thereof. Paragraph 29) To define, prohibit and abate within the town, city or borough all nuisances and all things detrimental to the health, morals, safety, con- venience and welfare of its inhabitants and to cause the abatement of any nuisance at the expense of the owner or owners of the premises on which the nuisane exsists.rr 3- Introduction While it has long been recognized that exposure to high noise levels can cause permanent hearing impairment, it is only in relatively recent years that hearing loss due to continued industrial and residential noise exposures have been considered as compensatible injury. Since many industrial as well as residential operations develop noise, occasionally at higher levels, and since many employees and residents have been exposed to noise over the years, the subject is of considerable importance to industry and communities. The task facing marry industrial and residential administrators is to determine whether the individuals in these areas are exposed to noise levels which, because of the intensity, nature and duration, may eventually cause impairment to hearing, and if so, to institute measures to reduce the exposure. Background Noise is defined as unwanted sound. The sounds are forced upon the occupants of an area. He must live and carry on his daily activities in their presence. He cannot control them directly. Frequently the source of operation contributes nothing to his welfare. Indeed, the sounds usually disturb or disrupt many of his daily activities. Under these circumstances, the sounds are definitely unwanted. To the occupant of the area, these ambient sounds are simply noises. Lben the ambient sounds to which a majority of the occupants of an area are exposed can be described as noise, we may call the sounds community noise. Practical experience has shown that community noise may create individual and group resentments toward a noisy operation and its operator. Lben the community noise levels are high, these annoy- ances and resentments have been accompanied by positive concentrated action to remove the offending source. 4- Economical Problems In discussing the factors that influence community reaction to noise, several economical factors must be pointed out. Noise in the community may influence property values may render certain areas unsuited for certain business and social activities,s or in other ways may influence the economical welfare -of the residents. R sponses of Community Residents Response" is here used to mean reaction followed by developing of an attitude or state of mind, as well as any observable positive action taken by members of the community as a result of their exposure to noise. A feeling of annoyance is just as much a response or reaction to noise on the part of a community resident or a group of residents as is a telephone call to the noise source operator, a letter of complaint to officials, or the initiation of legal action to suppress the noise-producing activities. Noise levels in excess of ninety (90) decibels will cause such response. This response will be caused by and attributed to annoyances caused basically by interferences with: 1. Sleep, rest and relaxation 2. Hearing, radio or television 3. Hearing and basic conversation 4. Speech 5. Television reception 6. Occupation 7. Housework 8. General reading and study 9. Concentration of tasks 10. Enviroment 11. Sex and family size 12. Performance 5- Terminology In order to understand noise and noise measurement, it is essential to know the meaning of and relationship between the following commonly used terms. Decibel - a decibel is a unit of measuring the relative loudness of sound, approximately to the smallest degree of difference of loudness ordinarily detectible by the human ear whose range includes 130 decibles on a scale beginning with 1 for th faintest audible sound. Frequency - the decibel is a unit of quantity only and tells nothing about the nature of the noise, the quantity, tone, or pitch of the noise is governed by fre- quencies present. Frequency is defined as the number of vibrations or cycles per second, (CPS). The range of human hearing extends from about 16 CPS to about 15,000 CPS, although older people are usually not able to hear the higher frequencies. Sound Level Meters and Sound Measurement Instrumentation Sound pressure level in decibels is measured with a sound level meter, an instrument comprising of a microphone, an amplifier, and an indicating meter. A control permits the selection of either a "fast" or a "slow" meter movement, the former being useful in indicating the range of rapidly varying noises, and the latter being useful in obtaining an average reading. At low intensities, the human ear is less sensitive to the lower frequencies, whereas at higher levels, it hears all of the frequencies to be equally loud. A (B & K) Model L-2203/1613 Octave Band Noise Analyzer was used to develop and prepare the readings as displayed in Exhibit A. This instrument currently is the best and most accurate device available on the market for sound measurement purposes. This equipment measures the decibel level of noise in octave bands ranging from 31 to 31,500 cycles per second. The sound level meter gives the overall level of the noise but no indication of its "composition". Since the effect of noise on 6- the ear depends on the frequency, the frequencies above 300 CPS (cycles per second), being considerably more injurious than the lower frequencies, it was necessary to use a sound analyzer to determine the composition of the trucking noise. Effect of Excessive Noise on HearinS It has been well established that continued exposure to excessively loud noise will damage the hearing. The degree of impairment depends on the length of exposure, intensity, continuity, and composition of the noise, and on the susceptability of the individual, or individuals exposed. An attempt has been made to reduce, to a mathematical equation, the effect the foregoing factors have had on the temporary loss of hearing that accompanies short exposure to loud noises. Experimental studies indicate that the temporary hearing loss is proportional to the logarithm of exposure time. At the 4,000 cycle per second frequency band this Temporary Threshold Shift (TTS) appears to be directly proportional to the amount by which the noise exceeds 85 decibels. The Committee of Consultants on Occupational Loss of Hearin h'orkmanIs tom ensation Board, State of New York states: 1. Most persons exposed for several hours daily to noises at intensity levels above 110 decibels whatever the "composition" of the noise will, in a matter of months suffer permanent damage to hearing. 2. For most industrial and residential noises at over-all levels of 90 - 120 DB, exposure for several hours daily over a long period of time will cause permanent damage to hearing. In a considerable portion of persons, the proportion being higher the more closely the noise approaches the intensity of 120 DB and the more the noise is dominated by high frequency components. r7- 3. The hearing of some susceptible persons may be permanently damaged by exposure for many- years to certain noise levels between 85 and 100 decibels. Noise its Consequences, and How it Effects our Overall Environment We have concluded that individuals are annoyed by a noisy device or vehicle, and that a noisy environment may interfere with our sleep, our work, and livelihood, as well as our recreation. We have also concluded that varying intensities of noise may cause permanent hearing loss or damage. Unfortunately, not all the factors involved in annoyance, interference, and hearing loss are known at present nor are w at all sure how the factors can best be used. Speech - Interference Level (600 CPS - 4,800 CPS) Most of us have been in locations where it was impossible to hear over a 1 telephone because the noise level was too high, and in order to hear, production machinery had to be turned off resulting in time and money lost. Direct noise may also make it impossible to give danger warnings by shouting or to give direction to workers or family members. Normal everyday speech conversation requires a voice output level at 6 - 12 feet of approximately 45 - 50 decibels. Shouting requires an 88 decibel output. In order to speak and be heard over the noise created by the current sand and gravel hauling operations, an individual must speak, or shout, twelve (12) decibels higher than the decibel level of the originating noise source. To be heard under these circumstances an individual would have to shout at an output of 120 decibels, which is humanly impossible. Noise Levels There are basically two ambient noise levels, constant and intermittent, the more annoying of the two naturally being intermittent, or the unexpected type of noise. Normal hearing will after a period of time, adjust to continual constant noises. However, this is not the case when intermittent trucking operations occur. The normal ear in this situation is constantly anticipating the sound and for every ten (10) decibel increase of ambient noise level noise which is heard, it is per- ceived as a doubling of the sound to the normal ear. The normal everday sound and noise in the interior of an average home, if recorded, would range between 55 - 60 decibels. We can conclude then, that noise in excess of this level is not acceptable and is considered extremely annoying. The readings which were taken and the corresponding charts which were prepared see Exhibit A) display a noise coefficient curve of N.C. 110. A noise coefficent curve of N.C. 55 is the ambient noise level curve if readings were to be taken in tbb interior of a sports coliseum. The resulting noise levels encountered currently, in the Miller Road area are double the noise level generated in a sports coliseum. In fact, the noise which we are being subjected to on a daily basis is equal to the noise emitted by a 20,000 pound thrust four-engine, jet airliner take off of 500 feet 100 - 115DB). Reduction of Noise Produced_ by the Source There are various alternatives available to tokn officials and administrators regarding the reduction of noise. Various methods and alternatives are available in order to bring the current noise and subsequent vibrations dovin to the acceptable 55 - 60 decibel level in the interior of our homes. 1,0'hen, as it is often the case, it is considered unnecessary to reduce the sound level emitted in an area to a safe 9- value, it is then necessary for exposed individuals to resort to the following: A. Wear ear muffs, ear plugs, or other ear protective devices B. Carpet the roads C. Surround our homes in enclosures of concrete, 12 inches thick with no door or window openings D. Sell our homes on a weekend, to strangers E. Reduce the source or the magnitude of the trucking operation F. Alternate days and trucking routes G. Control, curtail or discontinue the entire trucking operation As of last year it was impossible to develop an exact "standard" establishing the safe and unsafe levels of noise. However, on Tuesday, May 20, 1969, the Department of Labor released safety regulations governing noise and noise abatement. The Federal Register Volume 34, Number 96 (Exhibit B) outlines the new federal industrial r-' requirements concerning noise, noise abatement and noise control. This is stated on page 7949 as follows: When employees are subjected to sound, exceeding those listed in Table I of this section (90 decibels) feasible administrative or engineering controls shall be utilized. If such controls fail to reduce sound levels within the levels of the table, personal protective equipment shall be provided and used to reduce sound levels within the range of the table. In all cases, where the sound levels exceed the level shown herein, a continuing effective hearing conservation program shall be administrated." Exhibit B - Table I - Displays the latest federal industrial standards and related A - weighted acceptable noise levels. Table I of the Federal Register, should be compared to Exhibit A of this report (Miller Road decibel readings taken on Monday, May 26, 1969). Such a review and comparison will leave little doubt regarding the exposure of Miller Road residents to excessive and hazardous noise 10- levels. The majority of readings taken in the Miller Road area are considerably in excess to now accepted federal industrial standards. The l:Talsh-Healy Public Contracts Act clearly defines the acceptable limits. Conclusion I.think it is reasonable at this time to state that the residents in the I-filler Road area should not be subjected to damaging noise levels such as we are experiencing currently. This entire sand and gravel and related trucking operation, since its inception has been detrimental to the overall public health, safety and welfare of the adjacent property owners and to the immediate neighborhood and Town of South Windsor. The foregoing constitutes only a condensed summary of current information regarding the nature and effects of community noise. The analysis of an indus- trial and residential noise problem calls for a thorough technical knowledge of the subject to determine the origin of the noise, its injury producing potentialities, and the possible remedial measures. When it is found that an injurious noise level exsists, as is the case in the Miller Road area, it is advisable to take effective corrective steps as promptly as possible to assure that the hearing of exposed individuals may not be seriously effected, or permanently damaged.. The -relationship between the community and the noise source operator will depend on many factors other than coi=uni.ty noise level. If these relationships are already strained because of noise in the corununity, improvement can come only through a thoughtful approach by both sides. Both parties must understand the problem, including the difficulties that may lie in the way of adequate noise 11— reduction. The operator of the noise source, the Mitchell Trucking Company Incorporated in this case, must take action, i.e. and institute all responsible measures to control the disturbing noise. Vviere action can be taken, the community attitude and activity can usually be made more favorable by making the public aware of what has been done. Robert A. Martin, Management Consultant 517 Miller Road Wapping, Connecticut f- June 23, 1969 Mr. Joseph Carino Chairman Planning & Zoning Commission Town of South Vindsor South 1-;indsor, Conn. 06074 Dear Mr. Carino: I have asked to appear before the Planning & Zoning Commission to discuss a serious problem, and the repercussions which have resulted in regard to the hauling of sand and gravel by various and sundry contractors within the tovm. I am prepared to offer various alternatives and guide lines which I feel may benefit the commission hen reviewing future applications of this type. This material has been developed initially to protect the overall interests of the town and its residents. 1.1y report entitled f1Community Noise" was only one of the aspects which must be considered by the commission in cases such as this. The residents which I am repre- senting, have lived with this annoying and hazardous situation for approximately three 3) months. There has been little or no reduction in the magnitude, or scope of the operation since its inception. Its presence has affected our environment, our business and social activities, and family relationships. It has severely burdened the numerous residents and taxpayers of this town. 0n Monday, June 16, 1969, the hauling of this material from the Dzen Gravel Pit, Barber Fill Road, was discontinued. It is my understanding that in order to resume operations, the 1_itchell Trucking Company Incorporated must apply to the commission for approval of Section II of the original permit, at a public hearing. This permit has been in effect since Thursday, January 23, 1969. I respectively request that the South W-indsor Planning & Zoning Commission consider the attached, if such a meeting occurs. It may also be beneficial to the overall community, if the commission, when reviewing this or sirdlar applications consider placing the folloving stipulations and limitations on all future sand and gravel operations. cc: Commission i•embers Very truly yours, Commission Alternates Hov,ard Fitts, Yayor X2 Terry Sprenkel, Tovm 1.1anager D. P. Cavarau€h, Town Attorney Robert A Martin Donald McLaughlin, Building Inspectcr 1,1anagement Consultant Emil Lucek, Town En€ineer John Kerrigan, Chief of Police Robert Gilligan, Chairman Zoning Board of Appeals J Considerations and Limitations Concerning Sand and Gravel Operations 1. Approve permits and allow hauling operations' only during the period of April 15th thru October 1st of any given year. (This will considerably reduce road damage.) 2. Allow hauling only between the hours of 8:30 A.M. and 3:00 P.M- (During this period streets should be free of traffic and school children.) 3. Restrict the operations to weekdays (rlonday thru Friday). Allow no hauling on weekends or holidays. 4. Limit the use of the gravel pit in question to the applicant. 5. Avoid the transportation of this material through densely populated areas, when- ever possible. b. Develop and use access roads, whenever possible. 7. Specify and use alternate trucking routes. In addition, alternate the trucks both loaded and empty. 8. Alternate the days of hauling. 9. Limit to a reasonable amount the number of trips that is considered acceptable on a daily basis, or the number of trucks that can be employed on an hourly basis. 10. Regulate departures from, the gravel pit. 11; Make appropriate road repairs as they are necessary. 12. Delete 9.3H from the current zoning regulations. 13. Develop a program or committee to control the following: a. overspill b. speeding c. compliance with established rules of the road d. overloading 14. Designate a special committee to survey the proposed routes, to observe and obtain the f olloving data: a. road conditions, grades, terrain b. travel time - from gravel pit to destination C. number of stops or yield signs on suggested routes 2- 15. Depending on the volume and magnitude of the operation, sectionalize the property into acceptable parcels and require the applicant, upon completion of a parcel to re-apply. 16. Adjust speed limits on the designated routes accordingly. 17. Reduce to a minimun the number of stops necessary. 18. Develop, if at all possible a schedule of days that residents can expect hauling. 19. Periodically inspect the entire operation. 20. Finish grading, loaning and seeding upon completion of the gravel pit operation. Robert A. Martin, Management Consultant June 23, 1969 OF SOUTH WIND:_ JR TOWN HALL SOUTH WINDSOR.'CONNECTICUT 06074 DEPARTMENT OF TOWN COUNCIL July 8, 1969 Mr. Joseph J. Carino, Chairman South Windsor Planning and Zoning Commission 2545 Ellington Road Wapping, Connecticut 06087 Dear Joe: Enclosed with this letter please find a copy of a complaint letter from Mrs. Marchesseault of Graham Road and a copy of a memo from the Town Manager on a similar subject. I have included enough copies of these two memos for all members of your Commission. The complaint letter was taken up as a regular item on our agendageded aratofhthe July 7 Council meeting and we decided that you should b At the same time, we want attached material prior to rJuly 15 concern in matter. We have referred you to be aware of the Councils the complaints we have received from Graham Road and fromhMiller Rtteetoin the Public Health and Safety Committee e Council instructed to give thought to conjunction with the Town Attorney, has been an ordinance that might restrict or regulate truck traffic in South Windsor. We hope for some ideas on this topic by our regular Council g on July 21. In view of the fact that the Planning and Zoning Commissionsho dlbebe aware elng of a public hearing on this same general topic, we felt y both our concern and the efforts we are making in regard to truck traffic in and through residential areas.I am sure that the Public Safety Committee of the Council, chaired by Deputy Mayor WCsiosi, would might be most interested in any additional thoughts you or your have on this topic. Very truly yours, Howard E. Fitts, Mayor Town of South Windsor hef/b Copy to all members of Town CouncilTownManagerSprenkel Town Attorney Cavanaugh Enclosures b35 Graham Road Wapping, Conn. June 279 1969 Mr. T. Sprenkel T ov-r+ Hall t,Japping, Conn. Dear Mr. Sprenkel: vTould like to call. to your attention the increase in ta uck traffic on Graham Road starting June 16th. I have e counted 33 trucks in one hour period and tintrucks can't 20 minute period. The noise is very annoy $, Y talk in your own home with the doors or windows open.tputting a baby in for a nap is quite a job. The ad has difficult, but tones o and n it which would makes theueheaYnoe of the children the most important problem i getting hurt. Then® rocks falling are dax ger°om®tOa them, of course, but just riding their bikes has bee t oti n I understand these trucks are traveling through way and vTe have no ordinance -to limit theirTcyr anv ouncil in lany I are requesting that the Souateck Windsor traffic on public highways an ordinance to o'gSouth Windsor. : :within the town Very truly yours, Mrs. L. Marehesseault REC4-l UED 5 jut bi Mtk-h& J,WN OF SOUTH WINDL TOWN HALL SOUTH WINDSOR, CONNECTICUT 06074 DEPARTMENT OF Law July 8 , 1969 Mr. Joseph Carino, Chairman Planning and Zoning Commission Ellington Road Wapping, Connecticut Dear Joe: This is in reply to your letter of June 30th, enclosing letter of June 23rd, from Robert A. Martin. Section 9 of the Zoning Regulations could be revised so as to give the Commission the right to regulate practically all of the areas listed by Mr. Martin. However Section 9 of the regulations, as presently written, has a much more limited scope. The conditions which the Commission may impose in granting permits are listed in sub-paragraphs (a) through (h) of paragraph 9.3. The only language in that list that might possibly be construed as giving the Commission the power to impose conditions in respect to such things as (a) the particular hours or days when the operations may be conducted, (b) who may conduct the operations (c) the number of loads that may be hauled per day or per hour (d) the routes that may be used in going to and from the gravel pit, is the underlined language in (f) which states: In passing on such applications, the Commission shall consider the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed. 0 However it is my opinion that the underlined language was not intended to give the Commission the power to regulate the ac- tivities listed above as a condition to granting a permit. Rather the intent was only to require that the Commission con- sider how the surrounding property would be affected after the removal of the sand and gravel. r Mr. Carino 2 - July 8 , 1969 If the interpretation in the preceeding paragraph is accepted, then any applicant who is willing to satisfy the conditions of a) , (b) , (c) , (d) , (e) , (g) , and (h) of Section 9.3 is entitl- ed to a permit, unless the Commission has reason to decline the permit on the ground that the removal of the sand and gravel from the premises would adversly affect surrounding property in a substantial manner or would substantially destroy the future usefulness of the premises for which the sand and gravel is to be removed. In other words I find nothing in the present Section 9 which would give the Commission the right to refuse a permit because it was feared that trucks traveling to and from the premises in question would damage public highways or destroy the peace and quiet or safety of persons living along the highways . It seems to me that the Town has arrived at a point where a basic decision will have to be made, namely, whether the zoning regu- lations should be amended so as to give the Commission the power, in connection with sand and gravel removal permits, to regulate hours of operation, days of operation, routes to be followed by the trucks , size of trucks , and similar natters , or whether the Town Council should prepare an Ordinance in an attempt, so far as possible, to regulate truck traffic on town roads so as to preserve the roads themselves and protect the peace, quiet and safety of those living along the roads . In my opinion the Council is the appropriate Town agency to study and take action upon this subject and I am therefore send- ing a copy of this letter to the Town Manager. Yours truly, c r Daniel P. Cavanaugh gam cc: Mr. Terry V. Sprenkel Town Manager LAW OFFICES KUEHN, FANNING AND ORR EDWARD R.KUEHN TELEPHONE T.NEIL FANNING 968 FARMINGTON AVENUE AREA CODE 203 SAMUEL J.ORR WEST HARTFORD,CONN. 06107 236-2973 DANIEL P.CAVANAUGH July 14 , 1969 Mr. Joseph Carino, Chairman, Town Planning and Zoning Commission, P. O. Box 103, Wapping, Connecticut In re: Application for removal of gravel, etc. from property of John Dzen Dear Joe: This letter is to supplement the Application I filed on be- half of Mitchell Trucking, Inc. relative to the gravel pit on the Dzen property. After a discussion of the matter with my clients, the offi- cers of Mitchell Trucking, Inc. , I would respectfully submit to your Commission that the permit be issued incorporating the following restrictions : a] That the applicant be permitted to remove gravel and fill at a rate not to exceed 250 trucks per day; b] That the time that the gravel and fill be permitted to be taken be between the hours of 7:30 a.m. and 5 :00 p.m. Mondays through Fridays, inclusive; c] That in addition thereto, the applicant be permitted to remove gravel and fill on a minimum of fifteen Saturdays during the course of the year when absolutely necessary; d] That this application be granted for the full two years without restrictions as to the time of the year that the gravel might be removed; e] That the applicant be required iD observe the traffic control regulations of the Town of South Windsor and the State of Connecticut. Although the Commission's authority extends to the use of the gravel pit only and not to the control of the traffic on the roads [except indirectly] , my clients most certainly will conform to all regulations pertaining to the use of the highways. KUEHN, FANNING AND ORR Since the use of the gravel pit is permitted under the Zoning regulations of the Town of South Windsor subject to the reasonable restrictions imposed upon the applicant in accordance with Section 9 of our Zoning Regulations, please be advised that the applicant will accept and will be pre- pared to live up to the restrictions imposed by your Board providing these restrictions are reasonable and just. Respectfully su ted Edward R. Kuehn, Attorney for Mitchell Trucking, Inc. erk/han 26, 1969 xr. same" R. tuoba sg-Mrr Wdwt *Wwo"'O Dow Mrs Zvehus This is to edrise that the isstiss of Xit*b*U TrUckt p Iaa* fOr moral at sect mW Smal. from pity wssld by Joba Dson an the sit side of Dwor RU bo d vM be heftvd at puMic hearbK an Tuesdayp JuV 29, 29699 at 8 xOO ?*No at Smth Windsor Tom Ball. It is requmtsd, that the amt orr hire sopleseatative, be promt at this wing very t Jmeff-k d. Cbeirgm JJCAWS South Wind&.-i, Chamber of Col.-,&merce P.O. Box 105, South Windsor, Connecticut 06074 A Good Place to Live, Work, Prosper July 21, 1969 South Windsor Planning and Zoning Commission Town Hall South Windsor, Connecticut Dear Mr. Carino: The South Windsor Chamber of Commerce Board of Directors, by an unanimous vote, wish to have the following read into the records: We, the South Windsor Chamber of Commerce, believe that the operations of the Mitchell Trucking Co. should not be stopped. We believe that a reasonable agreement should be reached to protect all concerned." Very truly yours, Roland M. Aubin Secretary RMA/j b Telephone: Area Code 203-528-3292 Tc ,-N OF SOUTH WINDS _R TOWN HALL SOUTH WINDSOR, CONNECTICUT 06074 July 24 , 1969 DEPARTMENT OF Law Mr. Terry V. Sprenkel Town Manager Town Hall South Windsor, Connecticut 06074 Re: Regulation of Truck Traffic Dear Terry: I have found very little in the way of Ordinances or Regulations in other towns that would be helpful in solving the truck traffic Problem confronting the people of South Windsor. Therefore, if we are to find a solution to our special problem it seems necessary to design an original plan. The plan, as I see it, would contain several elements which I shall discuss below under separate heading: SPEED The Town has the power through its Traffic Authority (the Police Department) to regulate the speed of the of various kinds on the state aid highways in from i. funds. on the town roads that are maintained in part received from the State. Any such speed regulation must, however, be approved by the State Traffic commission and the roads on which the regulations apply must contain warning signs approved by the State Traffic Commission. Section 14-219 of General Statutes. Therefore, one thing that can be done without delay is to have the Police Department prepare and submit to the State Traffic Commission a set of proposed new speed limits on certain, or all, of the state aid highways in town for trucks of over four tons capacity. I suggest that the speed limits be applicable only to trucks of over four tons capacity, because the General Statutes, in Section 14-266 , recognize a distinction4-266 between such trucks and other trucks. (By Section 1 Mr. Terry V. Sprenkel Town Manager 2 - July 24 , 1969 the Highway Commissioner may restrict trucks of over four tons capacity from using any state aid highway that would, in his opinion, be injured by such use. ) It is my opinion that the validity of truck speed limitations does not depend upon proof that such limitations are necessary to prevent injury to the roads. Such regulations can also be defended on the authority of Section 14-298 which gives the State Traffic Commission the power to make reg- ulations in cooperation with local traffic authori- ties "respecting the use by through truck traffic of streets and highways within the limits of -- any town -- for the protection of the public. " Furthermore the speed limitations can be defended on the ground that Items (21) and (22) of Section 7-194 of the General Statutes (the Home Rule Act) give the town the power to regulate and prohibit, in a manner not inconsistent with the General Statutes , the oper- ation of vehicles on streets and highways, and to regulate the speed of vehicles subject to the pro- visions of the General Statutes . I find nothing in the General Statutes indicating that imposing speed limits on certain types of vehicles the town can only take into consideration the questions of injury to the highway and the safety of persons using the highways. Therefore, I believe the town can, in ad- dition, take into account the fact that the peace and quiet of a neighborhood which is primarily residential will be unduly disturbed if trucks above a certain load capacity are permitted'to travel at speeds in excess of those proposed by the local Traffic Authority. In any event, I believe that the record that has been established through the complaints before the Council etc. in recent weeks should be sufficient to convince the State Traffic Commission to approve such recommen- dations as may be made by South Windsor' s Police Depart- ment in cooperation with other interested agencies in the town. In conclusion, I hope the town will be able to convince the State Traffic Authority to approve, and I believe the town can defend in court, a speed limit on some or all of the state aid highways in town which would restrict Mr. Terry V. Sprenkel Town Manager 3 - July 24 , 1969 trucks of over four tons capacity to a speed limit of 25 mph, and would restrict them on certain streets to a lower speed limit. DESIGNATION OF .ONE WAY TRAFFIC STREETS Section 14-239 (a) of the General Statutes provides that local traffic authorities may designate streets and highways under their ,jurisdiction for one way traffic and shall erect signs , devices or markings conforming to State Traffic Commission standards giving notice thereof. Upon any highway so designated a vehicle shall be driven only in the direction indicated. " Reading this Statute in conjunction with the provisions in the Home Rule Act, quoted above, it is my opinion that the Police Department has the power to designate certain streets in town for one way traffic . for. trucks having a capacity of more than four tons , provided signs are erect- ed on such streets conforming to State Traffic Commission standards. I appreciate it may be argued that the power in 14-239 (a) to designate one way traffic streets can only be exercis- ed as to all traffic and cannot be applied only to traffic of a particular kind. However I think the better argument, and the one that would prevail in court, is that in pro- mulgating one way traffic regulations the town may make a distinction between heavy trucks having over four tons capaci- ty and other vehicles. PROHIBITING THROUGH TRUCK TRAFFIC ON CERTAIN STREETS It is clear from Section 14-298 of the General Statutes that the Police Department of South Windsor in cooperation with the State Traffic Commission may prohibit through trucks having a capacity of over four tons from using certain town highways. Possibly the local police department would have a right to impose such prohibitions even without the concurrence of the State Traffic Commission but I think the better view is that the approval of the Commission is necessary in this case. Through truck traffic" , in my opinion, refers to any truck traffic other than traffic coming -from or going to a desti- It nation on the street. It makes no difference whether the truck originates outside of the town or within the town it Mr. Terry V. Sprenkel Town Manager 4 - July 24 , 1969 is still "through traffic" on a particular street if it is going through the street without stopping at a location on the street. Possibly under 12-298 the State Traffic Commission has no jurisdiction over through traffic originating in town but the town does have jurisdiction over such traffic and there- fore has the right, in my opinion, to define "through traffic" as above indicated. ALLOWING 'THROUGH TRUCKS 'TO USE PROHIBITED 'HIGHWAYS ONLY IF THEY HAVE SPECIAL PERMIT Other than the speed, the one way street, and the no through truck regulations referred to above, I think there is noth- ing we can do about truck traffic, except through the passage of an Ordinance by the Town Council -and possibly by some ad- ditional regulations adopted by the Zoning and Planning Com- mission. The Zoning and Planning Commission may amend its regulations dealing with Sand and Gravel pits so as to provide that the permit that may be granted may contain such conditions as may be deemed by the Commission to be necessary for the purpose of assuring that the excavation operations will not create a safety or health hazard to the public or the adjacent property owners, or be determental to the immediate .neighborhood or the Town of South Windsor. The regulations might provide, for example, that without limiting the scope of the foregoing, such conditions may include limitations on the number of vehicles per day that may be engaged in said operations, the number of loads per day that may be taken from the operations, the number of hours the operations may Be opened per day, the number of days the operations may continue during any week, the number of weeks the operations may continue dur- ing any month, and the routes that the trucks servic- ing said operations shall take in traveling to and from said operations. If the Police Department wor%s .out regulations con- cerning speed, one way streets; and streets that Mr. Terry V. Sprenkel Town Manager 5 - July 24 , 1969 are to be barred to heavy trucks that do not have an origination or destination point on the street, and if the Zoning and Planning Commission passes regulations of the kind suggested above, it may well be that no Ordinance ought to be passed by the Town Council at least until these other measures have been tried for a reasonable iperiod of time. If these other measures are not completely successful the Council could still consider implementing such measures by the pass- age of an Ordinance. However, at the present time, I have difficulty imagining what additional requirements such an Ordinance might impose. Finally I would like to suggest that after the Police Department has prepared proposed regulations concerning one way streets , speed, and closing certain streets to through truck traffic by heavy trucks , that arrangements be made to have a conference with the State Traffic Com- mission. At the conference representatives from the town in addition to the Police Department should, in myopinion, be present. I talked with an assistant in the Attorney General's Office and after describing our problem to him, and our proposed solution, he strongly recommended that we ask for a conference with the State Traffic Commission because this is not a routine problem we are presenting but rather it is one that requires special treatment and may result in a pattern that could be followed by other towns in 'the State. Because the solution to the problem involves a consideration of so many legal problems I would certainly expect that the town's attorney would be present at the conference. Very truly yours, Daniel P. Cavanaugh gam 7 Wapj:,ing, AU:1.1 S t Manning & Zolling Commis,, or, ry.'L'Ivalu ate thesen'1y a-aring of July 29. Tneii- ob,,ct is I ; provide a reasonably SO to this situation by cons -.er`ng trje needs and desires ofallpart.-Les involved. It rej-'-ested unofficially thatwe :zarply to the commissiorl, in ar, effort -_'c help their, evaluate thissit•,.4at.-Lon,, what -we feel would 1,e number of truck trips Ll-_.I-u our neighborhood per day ; erhaps on 1 01,iution da-La,ta,en. etc Shollia F'ICy _fe to issue a permit, they wouldtr. nPn orate suf-,-' -c, and control to protect the ft.- de 1s that w-- . b,-z c-ed. nth and Lht- 2 th .)f dugjzzt" We Lusz all meet before 3- aj r-e o- 1 3er a6--Lena a meeting ziiastweekInAjgjs3,- TO at Miller F 06087, . 7 ur 504 Miller Road Wapping, Conn. 06087 August 4, 1969 Mr. Joseph J. Carino Chairman Planning & Zoning Commission Ellington Road Wapping, Connecticut 06087 Dear Mr. Carino: Attached is a copy of the letter I have submitted to my neighbors. Because Bob Martin is now on vacation and I will be leaving at the end of the week, it would be impossible to evaluate analytically the noise level limits before the end of the month. This is not an effort on our part to stall any decision by the Commission. I hope that the Commission will see fit to postpone their decision until we can supply this infor- mation for their reference. Sincerely yours, r James F. Davi JFD/b jm lift Md sent" Angmet 60 1 A 1r* a. lrMIMIa A law Ate. Dow xro faaMe Dori" Ibn ins Bwrla of the at x1eftift bou an tit Ss 100s e 1 wa g tastou boor of for removal at Send and P*"kl Taaas pas SOMA bw .boo a aot this Most Bids at JWb@9 IIM Mils In "ros a apt tIs tbo pit Bar d in this - - ro 3 uVO to the t B i SOMISM Mad tIO orbaods Vas aft autos ft~ Kin Band, WIN mid" and fou"tim of Bar ULU d"do Allor Ised and Orittis ALA—and Britt dwi erear Tarr the b"Ith sad s&f*IW of tips p is, odd Of the ian is OVAIR for this removal of aned and 9EWMI ftel wis Dom pit by trAdw wed, lead, a.suMseft to or Isoaad to the 1 with the st# O t3 aer I 1e, 11a arstfwj1W shall, be startad at the pit Wflorr 7#30 1.I* mod all aativilby oast *NNW at 5:oo PON* No trmu Ow entor or Iowa PAW to W A.N. 2. Tko pit aprrstfaa be an Y000 W thrOWO MOWl s viih tIS a MISS of a at 32 satwo#w in air ens psor The lent" Corot Offloor owt be ti say rlpaast . arpaao i M oar be "ad" SO taor the dISISSIM or the mow.oaisr r v most be sonfiraod bp VIS Tam Mosew we" am" Ow am psymittsd. 1. T290* tsaffia from tbn pit at" Bs r 1011 Band a t11 be ar toll+000so as. A mexian of lO horded i s per Or a" ttad to enter Butor Bilk Road mad prated wAho be d oomliman at I" loaded trudw per OW we p turd to enter Hamm Kill bad asd promrrd =OVWO Is. Trwk tssff#s to ter p#t from Saba Bid Read OAU be tea one " . 3 +mod memolTi 120 Uu*6 per 4W Tr" tta nth aord 220 t"W" per day a - fr" tars North* Mr. Us"lAufmot 6,V X90 • Pqp 2 5• ft off-sib sti r or tr * pia rm be dt68 1 rVem, Pbrok 1 to April. 15 at air peW or 004M aw eUwr paud is psi@III md as a t bw i1 t b WIM&W !vim irmI The a11air oawt sots ter tlr appltoo R 3h Zzs INIIIIm peari+al is d•s3 at t 6. The applivant will abime bF an the okrdiraoa+vo I of the ?rwn of South W r. TO Finjab gradiss 3V asd so+edia g opt etab section sball i d3at+aly f ars r nttLose or Pavel. dojo Itose ]A 8, Me fitI Inc will be putted within 10 fist of the brm #a to a" to Uve"I.4110 amoral stym firs. y. A to Naft for We r"Aml Control *ball be iastallsd a" MID of VIS preiseto Sold bomok aa31 be ll#rd r to Ir riag air rrrttsrisl OM the slsaortt ios dr ta t Ud Is, the !am Bagimper of tM Tom of South Wiadsar. 20,. Mien g, to shom on the mpt gill be r9mved firsts sad Section 3 vLU net be itasted meta tim t Is ooapletod to the amaimmm shomo U. Bmd, ai per Sectim 9. of Vis swing roguUtIonsp In the amm't of s000900 wJU be ra tiarrd for sash tion prior to we* oo#m aeiag la that ssstiol. 32. The a vM baop rom b ig m f*w f es graml spillrepe. 13,w AvW nioUtion of this posit mt an within 2h bmure afUw wtfes, of ri+elatim ImW b"m given to the pendt holder In writing by Cortitlrd Tail by the Z Ut t Off m rs shall be tit for astoattio swgm eion of tin permit. 24• ltm map p nr d with Mix motion a pM A of Uo, app iiw tion and the appliamat east aeatom.with tb• SPOWI UMW UWm#pt Soso t the glumsever as iue.or tod in "gow alll be r"idred over the satin area. It how been oal3+od to the CoMUMIM98 attomtim Umt altbargh tbeare is a obais anv es the x0b*v it bas boo n*tad tbbat tbere Is Vable2o a on oltbor side at the dMda wbiab Is a T being mod by t ar`s tra+otorrs. The Eiarr dssf+oa ampssts tw pnpearV snow to arsmr fuIl respotisibUity for this and he is to poUm t e F to VW pit. Xr* g rAmewt 60 at' irkbe Very tnay PLUnf It lld.CWIM Sol rem ftlgjmmm r Lao* f7 A The following is to be released to the news media on or after August 7, 1969. Mr. Carino, Chairman of the T.P.Z.C. released the following statement. During an executive session, the T.P.Z.C. approved the application of Mitchell Trucking for the removal of sand and gravel from the Dzen pit on Barbour Hill Road. The effective date for this two (2) year permit was set at Monday, August 11, 1969. The terms and conditions of the permit are as follows. 1. No activity shall be started at the pit before 7:30 A.M. and all activity must cease at 5:00 P.Me No trucks may enter or leave the pit prior to 8:00 A.M. 2. The pit operation may be maintained Monday through Friday inclusive,, with the addition of a maximum of 12 Saturdays in any one calendar yea:. The Zoning Enforcement Officer must be notified of any intended Saturday operation. Emergency operations may be carried on for the duration of the emergency. An emergency must be confirmed by the Town Manager before such operations are permitted. 3. Truck traffic from the pit onto Barber Hill Road shall be as follows: a. A maximum-of 120 loaded trucks per day are permitted to enter Barber Hill Road and proceed south. b. A maximum of 120 loaded trucks per day are permitted to ester Barber Hill Road and proceed north. 4e Truck traffic to the pit from Barber Hill Road-shall be the same as No. 3 above; namely, 120 trucks per day entering from the south and 120 trucks per day entering from the north* 5. No off-site operation or,truck traffic will be permitted from March 1 to April 15 of any year or during any other period which is designated as a frost period by the South Windsor Town Engineer. The To:%rn Engineer must notify the applicant 24 hours before such period is designated. 6. The applicant will abide by-all the ordinances -of the Torn of South W:Lnds o r. 7. Finish grading, loaming, and seeding of each section shall immediately follow the excavation of gravel. See Item 14 concerning seeding 8. No filling will be permitted within 10 feet of the brook so as not to impede the normal stream flow. 9. A permanent Surveyor's Bench Marks for vertical control shall be installed and carefully protected throughout the life of the project. Said bench shall be installed prior to removing any material and the elevation data transmitted to the Town Engineer of the Town of South Windsor. 10* Section 2, as shown on the map, will be removed first, and Section 3 will ' not be started until Section 2 is completed to the contours shown. 11. Bond, as per Section 9.3e of the zoning regulations, in the amount of 15,000.00 will be required for each section prior to work commencing in that section. 12. The applicant will keep roadways free from gravel spillage* 13. Any violation of this permit not corrected within 24 hours after notice of violation has been given to the permit holder in writing by Certified Mail by the Zoning Enforcement Officer, shall be the cause for automatic suspension of the permito 14e The map presented with this application becomes a part of the application and the applicant must conform with the specifications therein except that the grass cover as indicated in «Note 4" will be required over the entire area. It has been called to the Commission's attention that although there is a chain across the gate, it has been noted that there is vehicle access on either side of the chain which is supposedly being used by farmer's tractors The Commiss-ion expects the prod erty owner to assume full responsibility for this and he is to police the property to prevent public access to the pit. ti Mr. Carino stated that the commission in its deliberation was concerned with all aspects of the application and every effort was.made to permit the removal of sand and gravel with a minimum affect on the surrounding neighborhood. In reviewing the above mentioned terms, Mr. Carino made the following comments on each item. 1. Truck traffic between the hours of 8:00 a.m. to 5:00 p.m. has been shown to be typical not only in South Windsor, but throughout the nation. To require that the trucks start at a later hour and stop by 3:00 p.m. was considered by the commission to have no significant effect on the traffic problem particularly with regard to school buses. A check on the bus schedule shows that buses -'are on the road from 7:00 a.m. to 4:00 p.m. The commission also considered the necessity of starting and maintaining the on-site equipment and felt that one-half hour of maintenance and warm-up time for the diesel equipment prior to truck loading was adequate and therefore permitted on-site work to begin at 7:30 a.m. 2. The operation is permitted during a normal five (5) day work week with twelve (12) additional Saturdays if required. The commission felt that fifteen (15) Saturdays as requested by the applicant was more than necessary. Also, the applicant must inform the Zoning Enforcement Officer of any intended Saturday operations. Emergency hauling is limited to those con- ditions which are termed emergency by the South Windsor Town Manager. 3. The truck traffic and its associated noise was the most difficult aspect of this application. After a thorough review of all of the facts before the commission, the number of trucks permitted to enter Barbour Hill Road and to proceed south was based on a nine (9) hour period with a maximum noise level of 110 DB at 16,000 cps. Referring to the Federal standards on industrial noise levels, it was concluded that 120 trucks passing a given point twice would cause a noise level if integrated over a nine (9) hour period of less than 90 DB which is considered the maximum continuous noise level which should be permitted. The commission felt that 250 trucks as requested by the applicant would cause a traffic problem and noise level on Barbour Hill Road and at the Miller Road/Barbour Hill Road intersection above acceptable limits. However, because of the actual traffic on Barbour Hill Road and the pit location relative to the high density residential section, the commission felt that an additional 120 trucks could safely enter Barbour Hill Road and proceed north without causing any additipnal problem or concentration of traffic on Miller Road. The commission considered restricting the number of loads per hour but after a lengthy discussion concluded,that this would just aggravate and possibly prolong the condition. As an example, if a project called for large amounts of gravel and if 120 loads were hauled between 8:00 a.m. and noon, no further x hauling would be permitted for the remainder of the day. Another factor considered by the commission was the fact that the 110 DB noise level measured was the maximum and several trucks were reported to have noise levels considerably less than this value. 4. The trucks entering the pit would be at the same rate and direction as that for loaded trucks. The commission felt that 120 trucks could safely approach the pit site entrance from both the south and north without causing a traffic or pedestrian safety hazard. 5. Our previous experience with frost conditions has caused the cmMission to impose a restriction -on the time when trucks are not permitted to leave the site. This was made flexible so that the town can control the truck traffic during unusual weather conditions. 6. This requires that the applicant abide by all town ordinances during this operation. This permit in no way relieves the applicant of his responsibility at the site and on the public roads. 7. Finish grading, loaming and seeding is required in order to leave the premises with an adequate grass cover to prevent erosion. 8. The brook and its natural water shed must be maintained for a minimum distance of 10 feet. 9. Surveyors Bench Marks are required on all projects of this type as part of the engineering requirements. 10. This approval is for all of the remaining gravel but for convenience, it is broken up into two sections which are" to run consecutively. f. 11. Bond as established is consistent with South Windsor bonding procedures. 12. Any gravel spillage on the public highway must be removed by the applicant before the day is completed. 13. It is expected that the applicant will live up to his responsibilities and abide by, the restrictions imposed for the benefit of all concerned. Violation of any of these stipulations world be cause for suspension of the permit. 14. The map submitted as part of this application becomes part of the approved plan and all of the items such as contours, notes, paving, etc. shown on the map will be required. One exception is that evergreen seedlings as stated in Note 4 will not be required but the grass seeding is mandatory. In closing, Mr. Carina stated that the commission worked very hard in trying to come up with a proposal which would be acceptable to all and which would minimize the inconvenience which this temporary permit might cause. To be publish d in the Journal-Inquirer Friday, August 8, 1969 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION During Executive Session of the Planning and Zoning Commission held on Tuesday, August 5, 1969, approval was given to the application of Mitchell Trucking, Inc. for removal of sand and gravel from property owned by John Dzen on the west side of Barber Hill Road, more clearly described on map on file in the Office of the Tarn Clerk. Effective date of this application is Monday, August 11, 1969. Dated at South Windsor, Connecticut this 8th day of August, 1969. TOWN OF SOUTH WINDSOR PIANNING AND ZONING COMMISSION Joseph J. Carino Chairman dely • 19'l'i f Miller ltitehell 90 Brookfield str*et Seutb WjUdser, Come. OW4 D"T "r. mitsboll= The Plaastaa and zesirs CoMisstes has *XtemAod your pox it for 6"re1 reww"l for as additional two years* This ent"riex or row mmt pe"it IS p*rid•d for sera "eties 9*3 9 asb-pft4 Pk h* of tb* t6aing "Su" latisas and all et tiro sttpalations that were initially required are still is etfeete very truly ye s immpb J. Carta** Cbairmaa PIANNING AIM ZONING COMISSION JJC=tw August 12, 1971 Nr. ChaW Les d turtewast UCONS LAW School Legal Cliaie low Asylus Street Most Hartford$ Connosticut EMS Mitchell Trucking Co. Dear Kr. S turtevast s Pursuant to our conversation of August 10tk, esslesed pleas•find a e op y of the letter to Mr. William Mtterbell regardingthe *x t*esion of his permit for gravel remo ale Also en- closed is w *Off of a docuaest subwitt*d by Mitchell Truckingindicatingth* dates and numbers of leads remeved from th* pit in quest ion. It should be noted that the letter of August R, 19699 eopOr of whisk is *100 osalsaede to A ttorn y Kush&* stated that there will be Ao reword of the permit without a public hearted.Nowever, tb* Commisarion, bolmW guided by the somas regulations,extended they existing permit under article 9.39 sub-paragraph hThe *xt*usian wad not considered by this Commission as a renewal, In addition, the present pla"ind 04<1 Zoning Commission is not eonaidorod to be obligated by commitments *do by previous Cow- iselone regarding statements or conditions not specifically cow_rod is tb* regulations, Very truly yours, Je+s*ph J. Cartnes Chairrw PIAINIIG AND ZONINQ COWSSION d'dC t ww Imae. (3) 1191V III i n.w,l'. ++ `• 1 N' 1 f fr Ey Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut 06074 September 26, 1973 Y-r. V,illiam Ydtchell RUchell Trucking, Inc 90 Brookfield Street South Windsor, Connecticut 06074 Dear Mr. llitchell: The Planning and Zoning Commission has extended your permit for gravelremovelfromtheDzenpropertyforanadditionaltwoyears. 'Ibisextensionissubjecttothefollowingstipulations: 1. No activity shall be started at the pit before 7:30 a.m. andallactivitymustceaseat5:00 P.M. No trucks may enter orleavethepitpriorto8:00 a.m. 2. The pit operation may be maintained Monday through Friday,with the addition of a maximum of 12 saturdays in any one calendaryear. The Zoning aiforcement Officer must be notified of anyintendedSaturdayoperation. Emergency operations may be carriedonforthedurationoftheemergency. An emergency must beconfirmedbytheTownManagerbeforesuchoperationsarepermitted. 3• Truck traffic from the pit onto Barber Hill Road shall be asfollows: a. A maximum of 120 loaded timcks per day are permitted toenterBarberHillRoadandproceedsouth. b. A maximum of 120 loaded trucks per day are permitted toenterBarberHillRoadandproceednorth. 4. Truck traffic to the pit from Barber Hill Road shall be thesameasconditionNo. 3 above; namely, 120 trucks r dayenteringfromthesouthand120trucksperdayenterinfromthenorth. 5. No off-site operation or truck traffic will be permitted fromMarch1toApril15ofanyyearorduringanyotherperiodwhichisdesignatedasafrostperiodbytheSouthWindsorTownEngineer. The Town Engineer must notify the applicant 24 hoursbeforesuchperiodisdesignated. Mr. William Mitchell 2- September 26, 1973 6. The applicant will abide by all the ordinances of the Town of South Vindsor. 7. Finished gracing, loaming and seeding of each section shall immediately follow the excavation of gravel. 8. No filling will be permitted within 10_ feet of the brook, so as not to impede the normal stream flow. 9. A permanent Surveyor's Bench Marks for vertical control shall be installed and carefully protected throughout the life of the project. Said bench shall be installed prior to removing any material and the elevation data transmitted to the Town Engineer of the Town of South %indsor. v, U Uo 10. A Bond, as per Section 9.3.e of the zoning regulations, in the amount of 15;00,6-will be required for each section prior to work comiencing in that section. 11. The applicant -%4 keep roadways free from gravel spillage. 12. Any violation of this permit not corrected within 24 hours after notice of violation has been given to the permit holder in writing by Certified Mail by the Zoning Enforcement Officer, shall be cause for automatic suspension of the permit. 13. The effective date of this extension is September 26, 1973. This permit will be valid for a maximum of two years from the date of extension. 14. The map presented with this application becomes a pert of the application and the applicant must conform with the specifications therein. Very truly yours, William E. Grace, Esq., Chairman Planning and Zoning Commission k'EG/src cc: Mr. D. McLaughlin, Building Department Mr. E. Lucek, Engineering Department Mr. J. Page, Engineering Department Tio O-Ps 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 solt-0 AREA CODE 203/644-2511 September 26, 1975 Mr. William Mitchell Mitchell Trucking, Inc. 90 Brookfield Street South Windsor, Connecticut 06074 Dear Mr. Mitchell: This is to notify you that the Planning and Zoning Commission has extendedyourpermitforgravelremovalfromtheDzenpropertyforanadditionaltwoyears, subject to the following conditions: 1. No activity shall be started at the pit before 7:30 a.m. andallactivityshallceaseat5:00 p.m. No trucks may enter orleavethepitpriorto8:00 a.m. 2. The pit operation may be maintained Monday through Friday, withtheadditionofamaximumof12saturdaysinanyonecalendaryear. The Zoning Enforcement Officer must be notified of anyintendedSaturdayoperation. Emergency operations may be carriedonforthedurationoftheemergency. An emergency must beconfirmedbytheTownManagerbeforesuchoperationsare permitted. 3. Truck traffic from the pit onto Barber Hill Road shall be asfollows: a. A maximum of 60 loaded trucks per day are permitted to enter Barber Hill Road and proceed -south. b. A maximum of 60 loaded trucks per day are permitted to enter Barber Hill Road and proceed north. 4. Truck traffic to the pit from Barber Hill Road shall be the same as condition #3 above; namely, 60 trucks per day entering fromthesouthand60trucksperdayenteringfromthenorth. 5. No off-site operation or truck traffic will be permitted fromMarch1toApril15ofanyyearorduringanyotherperiodwhichisdesignatedbytheSouthWindsorTownEngineer. The Town Engineer shall notify the applicant 24 hours before such period is designated. Mr. William Mitchell 2- September 26, 1975 6. The applicant shall abide by all of the ordinances of the Town of South Windsor. 7. Finished grading, loaning and seeding of each section shall immediately follow the excavation of gravel. 8. No filling will be permitted within 10 feet of the brook, so as not to impede,.'the normal stream flow. 9. A permanent Surveyor's Bench Marks for vertical control shall be installed and carefully protected throughout the life of the project. Said bench shall be installed prior to removing any material and the elevation data transmitted to the Town Engineer of the Town of South Windsor. 10. A Bond, in accordance with Section 9.3.e of the Zoning Regulations, in the amount of $10,000 shall be required for each section prior to any work commencing in that section. 11. The applicant shall keep roadways free from gravel spillage. 12. Any violation of this permit not corrected within 24 hours after notice of violation has been given to the permit holder in writing by Certified Mail by the Zoning Enforcement Officer, shal•1 be cause for automatic suspenshion of the permit. 13. The effective date of this extension is September 26, 1975. This permit will be valid for a maximum of two years from the date of extension. ' Very truly yours, PLANNING AND ZONING COMMISSION By William E. Grace, Chti.rman WEG/src cc: D. McLaughlin, Building Department E. Lucek, Engineering Department let r t TO: TOWN PLANNING AND ZONING COMMISSION TOWN OF SOUTH WINDSOR c/o Joseph Carino, Chairman Ellington Road Wapping, Connecticut REQUEST FOR MODIFICATION OF APPROVAL OF PERMIT FOR REMOVAL OF GRAVEL IN SO FAR AS TRUCKING ROUTES ARE CONCERNED ONLY The undersigned, JOHN DZEN and MITCHELL TRUCKING, INC. , hereby represent as follows: 1. On January 21, 1969, the Planning and Zoning Commission of the Town of South Windsor granted approval to the application of John Dzen for removal of gravel from property on the west side of Barber Hill Road, subject to certain stipulations more particularly set forth in a letter directed to their attorney,dated January 22, 1969. 2. Stipulation No. 3 in that letter indicated, "No truck traffic hauling gravel on Miller Road, Ellington Road, and Nevers Road shall be permitted prior to 8:00 A.M. " 3. A permit in conformity with said approval was granted by the Building Inspector on January 28, 1969. 4. In an effort to modify the traffic load occasioned by the use of the trucks hauling gravel from the gravel pit on Barbel Hill Road, the undersigned respectfully request the PlanningandZoningCommissionoftheTownofSouthWindsortomodify the routes authorized to be travelled by the trucks hauling gravel from the gravel pit and returning empty to said pit. 5. The applicants further request that the routes be modified either during Executive Session of the Planning and Zoning Commission or after a Public Hearing on the applicants ' request. 6. The applicants limit their request for a modification of the previous approval granted, to a redesignation of truck routes only, and in all other respects retain the rights theyhaveacquiredbytheapprovalissuedJanuary22, 1969 and the permit issued January 28, 1969. Dated at West Hartford, Connecticut, this 21st day of April, 1969. JOHN DZEN and MITCHELL TRUCK,* N B J Their At n y LAW OFFICES KUEHN, ANNING AND ORR FARMINGTON"zNU6 ST HARTFORD. CONN.