TOWN OF HADDAM PLANNING AND ZONING COMMISSION PUBLIC MEETING HADDAM TOWN HALL Monday, 20 July 2009 UNAPPROVED MINUTES Subject to Change by the Commission ATTENDANCE X Peter Arseneault A Peter Baird, Secretary X Stasia DeMichele X Paul DeStefano X Malcolm Gorin, Chairman X Gordon Hard X Walter Zilahy, Vice Chairman X Steve Bull, Alternate - Seated X Margo Chase-Wells, Alternate - Seated X Liz West, Town Planner X Joe Budrow, ZEO X Bunny Hall Batzner, Recording Clerk 1. Call to Order Dr. Gorin called the meeting to order at 7:01 p.m. 2. Attendance – Seating of Alternates Attendance was taken and all regular and alternate members were seated. 3. Additions/Corrections to the Agenda None. 4. Approval/Corrections of the Minutes nd Correction to the 6 July 2009 minutes: Page 8, 2 paragraph, after “150,700 cubic yards” add – “and 240,000 cubic yards lifetime requirement”. MOTION: Margo Chase-Wells made a motion to approve the 6 July 2009 minutes as amended. Steve Bull seconded. Motion approved unanimously. 5. Public Comments None. 6. P & Z Enforcement Structures for Animals, 11 Indian Hill Road – Cease and Desist Order issued for non-permitted structures to house farm animals and feed was not appeal (no reply from the violator) and the matter will be turned over to town counsel. Madore, Little City Road – Cease and Desist Order was appealed and should be heard at the August ZBA meeting. Mr. Budrow also report upon reviewing a house location for a zoning permit for an addition, found an unapproved deck and a swimming pool possibly on State property. 7. Chairman’s Report None. 8. Applications To Be Scheduled For Public Hearings or Meetings 3 August 2009 – Special Permit, Site Plan Review for a dwelling greater than 4,000 square foot within the Gateway District. NEW BUSINESS 9. Torrance Downes and Stasia DeMichele, Presentation by Gateway Commission Torrance Downes, senior regional planner, CRERPA, was present. Mrs. DeMichele stated Gateway was in the process of acquiring land along the Connecticut River, but due to real estate prices, are re-evaluating their priorities/goals and changing some of their standards. Mr. Downes gave a brief history of the Gateway Commission (regional body includes the eight towns from the mouth of the river up to Haddam/East Haddam) and distributed a 4 page back- ground summary sheet. Mr. Downes noted the Gateway is governed by the Connecticut General Statutes. The primary goal of the Gateway Commission is to protect the natural and traditional river way scene and has acquired or participated in acquiring over 1,000 acres in the lower river valley (over $1 million in Gateway funds). However, due to escalating real estate prices, the Gateway Commission is now partnering with other conservation partners as well as a shifting in priorities – publicity, public outreach, and education. Mr. Downes stated the Gateway Commission would like to make an effort through its representatives/staff to be in connection with its member P&Z commissions. Mrs. DeMichele stated there could be collaboration between Gateway and the Land Use Dept. and felt it was important for Mr. Budrow, ZEO, and Mr. Downes meet. Mrs. DeMichele also stated that Gateway contributed financially to the Project to Preserve the Connecticut Yankee Property. Mr. DeStefano asked how Gateway is funded. Mr. Downes stated originally by DEP, but in the early 80’s became self-funded due to a $1 million settlement from CL&P. Mrs. DeMichele mentioned two meetings in September – 1) a boat trip up the river and 2) land trust and conservation commissions to form an alliance. PUBLIC HEARING 10. Recommendation to the Board of Selectmen Regarding Acceptance of Williamsburg Road as a Town Road Dr. Gorin stated a memo from Geoff Jacobson, town engineer, dated 7/16/2009, indicates all items have been addressed; and due to recent vandalism associated with road name signs, have Haddam Planning & Zoning Commission 2 20 July 2009 Unapproved Minutes agreed to allow MJM Builders to place the road name sign for Williamsburg Road immediately following the road acceptance. There were no comments either for or against this matter. MOTION: Walter Zilahy made a motion to close the public hearing. Paul DeStefano seconded. Motion carried unanimously. The public hearing was closed at 7:22 p.m. 11. Sharon and Bryan Sample, Owner/Applicants, Home Occupation, Property Address: 81 Wiese-Albert Road, Higganum, CT, Assessor’s Map #21, Assessor’s Lot #2-5 This is a continuation of a public hearing from 7/6/2009. Sharon Sample, owner/applicant, was present. Elizabeth Mosca stated she has continued to research the matter by contacting the Hartford Liquor Commission and Mrs. Sample does not have a liquor license. Dr. Gorin asked Mrs. Mosca if she had definite written proof that Mrs. Sample is selling liquor. Mrs. Mosca stated yes, as it’s listed on her menu. Dr. Gorin stated a liquor license is not a P&Z issue. Mrs. DeMichele explained how the home occupation regulations came about. Mrs. Mosca questioned Mrs. DeMichele’s comments. Mrs. DeMichele stated her explanation was merely to explain the process in creating the home occupation regulations and each town’s regulations regarding home occupation are different. Dr. Gorin asked Mrs. Sample how many 1099 forms she prepares a year. Mrs. Sample stated 6-7 last year. MOTION: Paul DeStefano made a motion to close the public hearing. Peter Arseneault seconded. Motion carried unanimously. The public hearing was closed at 7:44 p.m. 12. Douglas Anderson, Owner, WFS Earth Materials, Applicant, Special Permit, Property Address: Cedar Lake Road and Turkey Hill Road, Haddam, CT, Assessor’s Map #52, Assessor’s Lot #s 13-2, 17-1 and 17-A This is a continuation of a public hearing from 7/6/2009. Terry Lomme, attorney for the owner/applicant, Tom Metcalf, engineer for the owner/applicant, and Doug Anderson, owner, were present Mr. Arseneault recused himself from the WFS hearing. Dr. Gorin stated a site walk was held prior to the meeting and asked if the special permit had been rewritten. Ms. West stated yes and was attached to the original application. Mr. Lomme stated since the last hearing, Mr. Jacobson has reviewed the site and there should be a memo indicating such. Mr. Lomme also noted items Mr. Jacobson had requested have either begun to be addressed or are almost completed. Haddam Planning & Zoning Commission 3 20 July 2009 Unapproved Minutes Mrs. DeMichele questioned the addition of Lot 17-A. Mr. Lomme stated there is a small parcel across from Rte. 9 which is part of the entire parcel, but the permit is only for the property which was viewed during the site walk. Mr. Metcalf stated he and Mr. Jacobson have walked the property, Mr. Jacobson has provided a letter, and most of the items within the letter have been addressed in the field. Mr. Metcalf did note the most outstanding item is the re-seeding of the upper area and agrees with Mr. Jacobson that the original seeding was done at an improper time or an improper seed mix was used. Mr. Metcalf submitted into the record a two-page information sheet from New England Wetland Plans, Inc., entitled 2009 New England Warm Season Grass Mix regarding an alternate seed mix (Exhibit 1A) [to be confirmed with Mr. Jacobson]. Mr. Metcalf stated there has been discussion regarding the beaver activity and as part of the Wetlands submission for the replacement of the culvert, Mr. Anderson retained the services of Dr. Priscilla Baillie who generated a report indicating the culvert replacement activities will not deter the beavers and the gravel operation doesn’t have a detrimental effect on the beavers. Mr. Metcalf discussed the proposed grading scheme – to extract material from the site while making it a viable site when excavation is completed. Mr. Bull asked about Mr. Metcalf’s response to Mr. Jacobson. Mr. Metcalf stated his letter of 7/13/2009 is based on items discussed in the field with Mr. Jacobson and not items within Mr. Jacobson’s letter dated 7/14/2009. Mr. Bull felt a response to Mr. Jacobson’s 7/14/2009 letter should be provided as it would be confusing in the future. Mr. Metcalf stated he will provide a follow up letter to Mr. Jacobson and the items remaining to be addressed can be addressed between he and Mr. Jacobson. Mr. DeStefano asked what the exit date/strategy for the operation under an optimal agenda would be. Mr. Metcalf stated it’s a number of years (many years) and would be based on a number of elements – market demand, amount of material allowed to remove from the site, etc. Dr. Gorin discussed the 2007 permit in which the area to be worked on was to be decreased to ten acres in six months and then five acres in another six month and asked why no one from WFS informed the Commission this was an unobtainable goal. Mr. Metcalf stated it was an oversight and upon removing material it was realized the goal couldn’t be achieved. Mr. West asked if Mr. Metcalf had other sand and gravel mining or earth operation clients. Mr. Metcalf stated yes, Haddam, East Lyme, East Haddam, and Old Saybrook. Ms. West asked with the other gravel operations, what generally is the open amount of space for these pits. Mr. Met- calf stated it’s site specific. Ed Schwing asked if the new permit being applied for includes the extra 30 acres. Dr. Gorin stated he hasn’t seen the revised plan and believes it’s the same as the existing permit. Ms. West stated only the first page changed on the application (language only). Mr. Zilahy stated it does include the Wallor property. Ms. West stated yes, that was her understanding. Mr. Schwing asked if WFS is applying beyond the restrictions of the 2007 permit and with current litigation, if that wouldn’t be grounds for rejecting the permit. Mr. Schwing stated WFS believes they are entitled to the whole quantity and that’s why the pit is as opened as it is. Mr. Schwing noted Mr. Flanigan’s permit had limited quantity and time, but it was a good plan. Mr. Schwing stated the Commission still has the right to dictate the sites, the limitation of time, and quantity amounts. Mr. Schwing showing a very dusty covered shoe he had worn on the site walk informed the Commission this was the type of material that is in the air and covers homes and that it doesn’t create a healthy environment. Haddam Planning & Zoning Commission 4 20 July 2009 Unapproved Minutes Jim Buck stated he understands the truck drivers and owners and Mr. Anderson are all trying to make a living; however, the Town has regulations that say the Commission should deny the application. Mr. Buck discussed truck/equipment noise which must be contained (full scale mining operation). Mr. DeStefano asked Mr. Buck if there were the same type of problems when Mr. Flanigan ran the pit. Mr. Buck stated he did not live there at the time; however, Candy Casale, who lived there at the time, stated no, but there was concern almost 20 years ago. Helen Daige stated although not affect by the site, she is affect by the trucks and is concerned for her safety. Alexa Flora asked the Commission to deny the application and submitted a letter, dated 7/20/2009, citing health and safety issues, degradation of environment, and possible contamination of ground/well water and blight effect of the operation (Exhibit 2B). Mrs. Flora stated she is not an abutting property owner, but is affected by truck traffic. Michelle Bochain stated she is disappointed with the Town for having not done anything specific regarding the truck traffic (road not wide enough for trucks and cars) and with the operation. Ms. Bochain stated she remembers the pit being operated by Mr. Lenz, Mr. Flanigan, and now WFS. Louis Nizet submitted into the record a photo message from his wife, Elize Nizet, respectfully protesting the continuation of loss of habitat for all plant and animal species (Exhibit 3C). Mr. Nizet summarized his letter to the Commission, dated 7/15/2009 – estimated income from one year of operation, the applicant’s counsel challenging the authority of the Commission by taking them to court, a depressed culvert on Cedar Lake Road due to heavy truck traffic, erosion of the land, restoration of the site, and denying the renewal of the permit (Exhibit 4D). Joe Siena asked how the applicant plans to grow grass on banks that are tiered. Mr. Siena stated you can not grow grass in sand. Mr. Budrow stated the restoration plan, dated 2006, indicates there will be a four inch layer of top soil topped by hydroseed. Orrin Blakely asked when the permit ran out. Dr. Gorin stated it was on 7/17/2009. Mr. Blakely stated WFS is still operating. Dr. Gorin stated the Commission is aware. Joe Stephens stated he’s against the renewal of the permit and asked why the Commission would think of issuing another permit based on their disregard of the requirements of the previous permit. Scott Lenz stated his parents spent money regarding a lawsuit against the Town concerning the truck loads and won and the Town didn’t abide by the suit. Robert Lenz stated the lawsuit referred to by his son was in regard to when Flanigan first purchased the land and as Ms. Casale had stated, the neighborhood got together, and when a consensus couldn’t be reached in hiring a lawyer he hired a one. Mr. R. Lenz stated a resolution was received (a signed agreement by both parties regarding truck limits, dust, etc.; it was not a judgment by the Court). Mr. R. Lenz stated the Commission should have seen from the site walk the southern portion of the land could be reclaimed. Mr. R. Lenz again asked what the Town defines as loam and top soil. Mrs. DeMichele asked which pit number Mr. R. Lenz is referring too. Mr. R. Lenz stated it was the area on the left. Carol Matregrano and Joe Siena stated they are against the proposal. Don Giboski stated all the applicant had to do was follow the rules/regulations from the 2007 permit, but they didn’t want to do it. Mr. Giboski also submitted into the record seven photos of Haddam Planning & Zoning Commission 5 20 July 2009 Unapproved Minutes trucks queued up along Beaver Meadow Road (under the power lines) and driving along the road with tag-axles up (Exhibit 5E). Mr. Giboski stated he did not see a concrete pad for on-site vehicle refueling as recommended by Mr. Jacobson on 5/21/2007. Mr. Giboski stated although the fuel tank is gone, it had also been recommended a secondary containment be provided. Mr. Giboski cited the minutes from the 2007 permit. Mr. Lomme stated the trucks have always been an issue and now when there are half as many trucks due to economic conditions, there are still complaints. Mr. Lomme stated Mr. Anderson is happy to respond to any questions the Commission may have and to Mr. Jacobson’s reccom- mendations. Mr. Lomme also stated the fuel tank was taken out and the refueling tank is located in the trailer (contained system). Mr. Lomme reviewed Section 18, Regulation of Earth Material Operations – earth material operation in any zone except the Gateway Zone; loam and topsoil to be reestablished; prevention of erosion; 18.3a - waiting for Court to determine whether this is a valid non-conforming use; 18.4 items addressed on notes on plan; 18.5 – in compliance and specifically noted dust and noise data had been previously submitted; 18.6 – Mrs. DeMichele questioned how WFS meets the second portion of this subsection “excavation already completed conforms with the plan of operations as approved”. Mr. Lomme stated the only issues which haven’t been complied with are aspects of the appeal. Mr. Lomme stated in the appeal it specifically indicates that WFS can not comply with the closure rate (paragraph 18 of the complaint; paragraph 23 in the Prayer for Relief). Ms. West asked about the truck counts as no electronic counts were received in January- February due to equipment failure. Mr. Lomme stated he believes the slips showed WFS was in compliance. Ms. West stated the counts are to be submitted to the town on a weekly basis and WFS was 6-10 weeks behind. Discussion followed in regard to the truck counts and cubic yardage being over limit. Mr. Lomme stated Mr. Jacobson will confirm the amount of material removed and believes the slips document the daily counts (did not go over). Mrs. DeMichele questioned a letter received by Mr. Budrow, ZEO. Mr. Budrow stated the letter addresses truck counts by residential testimony (not in compliance) and WFS submissions (in compliance). Dr. Gorin asked about 18.4a in regard to older plans from Mr. Flanigan showing specific amounts and there are no records of any amount over those specific amounts. Mr. Lomme stated in 2003 a subsequent closure plan was submitted and accepted by the Commission. Mr. Lomme then reviewed Section 15, Special Permits. Mr. Lomme stated WFS is taking the position that it’s a pre-existing non-conforming use, but also acknowledge the Commission can regulate the use. Mr. Lomme also stated WFS does not believe the renewal is a new permit, but rather an on-going continuous operation. Discussion followed regarding the change in acreage, two types of special permits (garbage and gravel), whether or not pre-existing rights extend to the added acreage (the Commission granted the extension of acreage and it’s shown on the 2003 map which was also approved by the Commission); and the purpose of zoning is to decrease non-conforming use rather than expanding it. Mr. Lomme stated WFS will stipulate they will not go any further north onto the “Wallor Property” during the course of this permit and the addition of Lot 17-A is not relevant to the discussion. Mrs. DeMichele believes that addition of Lot 17-A qualifies the application as being for a new permit. Mr. Lomme, using the map, showed the area the site walk had taken place in, the area where work will taken place over the next two years (as the level drops, the area will get closed). Mr. Metcalf stated WFS will be restoring the site and will not be extending further north until restoration is completed in an area pointed out on the map. Mr. Zilahy asked Mr. Lomme to address 15.4. Mr. Lomme stated this particular use is allowed in every zone in the Town of Haddam and it was considered by the Commission who adopted the regulation that the streets and neighborhoods were designed to accept the activity. Mr. Lomme stated inconvenience could be an argument, but school buses are not detained, traffic is not lined up at the end of the road, and WFS operates in an integrated manner with the traffic in the area. Mrs. DeMichele disagreed citing an increase in truck traffic. Mr. R. Lenz stated the attorneys he Haddam Planning & Zoning Commission 6 20 July 2009 Unapproved Minutes had when he field his lawsuit were under the impression the court judgment carries with the land and not with the new owners. Mrs. Matregrano asked for clarification regarding Lot 17-A as she thought most of the property on that side of Rte. 9 was Town property. Mr. Lomme stated it is, however, there’s less than a half acre of land locked land that WFS has no intention of mining which has been included as it’s part of the WFS property. Mr. Nizet asked what are the chances of WFS claiming this small parcel as part of the permit. Mr. Lomme stated the Commission controls the area that is mined. Mr. Metcalf stated the property is land locked and it’s impossible for Mr. Anderson to gain access to it and the size of the property is too small to be economically feasible to mine material off of it. Mr. Nizet asked why the parcel is being included. Mr. Metcalf stated it’s a legal requirement that all contiguous property (was contiguous until Rte. 9 came through) owned by Mr. Anderson be shown on the permit. Mr. Buck asked if Mr. Lomme would respond to 15.2b. Mr. Lomme stated the area being worked is ideal as it’s set back off the road, is 100s of feet from neighboring properties, and is not visible from Cedar Lake Road. Mrs. Casale disagreed. Mr. Buck stated the trucks are visible from their house. Mrs. Casale stated she had received a letter from the assessor’s office informing her that her property had been devalued due to the gravel pit operation. Mr. Buck submitted into the record a copy of the assessor’s card regarding Ms. Casale’s property which notes on the second page under Remarks: 2005 – Noise/Dust – Abutts sand pit (Exhibit 6F). Ms. Bochain stated she can see the see and hearing the trucks and equipment from the gravel pit. Greg Giboski stated during the site walk he had pointed out and explained to several people an area, south of the property, where the original grade is located. Mr. G. Giboski also discussed noise levels (trucks/equipment before 8:00 a.m.) and trucks being overweight. Mrs. DeMichele asked Mr. G. Giboski how much he felt the trucks were overweight. Mr. G. Giboski stated about 20 yards total in each truck. Mr. G. Giboski also stated there has been a near accident with a school bus, the roads are too narrow to handle the trucks, and women and children walking or riding bikes on the side of the road have had to jump out of the way because of the trucks. Mr. DeStefano asked if an air quality test had been done. Mrs. DeMichele and Dr. Gorin stated yes and it passed. Mrs. DeMichele stated the test was done when only 304 cubic yards removed that week and believes that to be a low total. Also discussed by Mr. G. Giboski was the lack of containment and concrete padding for the fuel area. Mr. Lomme stated the area in question is not for the maintenance of vehicles, but rather the removal of silt from the detention basin. Mr. D. Giboski asked if the container for the fuel is DEP approved. Mr. Metcalf stated Mr. Jacobson recommended the containment be 110 percent and a barricade will be added. Mr. G. Giboski asked if the site is an MSHA (Mine Safety and Health Administration) registered site. Mr. Lomme stated the site doesn’t qualify. Mr. G. Giboski disagreed. Mr. Lomme submitted into the record an aerial photo map, Map #52, date of photograph 4/1960, date of tax map 6/30/1960 (Exhibit 7G). Mrs. Hall Batzner advised the Commission that Mrs. Nizet had provided a copy of a booklet entitled The Hills and Forests of Haddam showing the wildlife and gravel pit as shown to the Commission by Mr. D. Giboski during the 7/6/2009 public hearing as well as a cover letter (Exhibit 8H). Mr. Metcalf stated Mr. Anderson had provided a traffic study as part of the record, the town roads are useable by the residents and the commercial operators within the town, and if there are safety Haddam Planning & Zoning Commission 7 20 July 2009 Unapproved Minutes related issues, they would be best addressed by the police and doesn’t believe there has been a lot of police activity in the area. Mr. Metcalf also noted Mr. Anderson has been working with the police as far as monitoring items. Mrs. DeMichele asked why State highways have weighing stations. Mr. Metcalf stated to monitor the weight of vehicles and the town could put in a weigh station if they wanted. MOTION: Paul DeStefano made a motion to close the public hearing. Margo Chase-Wells seconded. The motion carried unanimously. The public hearing was closed at 8:56 p.m. PUBLIC MEETING 13. Recommendation to the Board of Selectmen Regarding Acceptance of Williamsburg Road as a Town Road Mr. Arseneault was reseated to vote on the Williamsburg Road and Sharon Sample matters. Dr. Gorin discussed Mr. Jacobson’s letter, dated 7/16/2009, regarding the final inspection and acceptance of the road. Mr. DeStefano asked how good the Town will be in regard to the bond. Ms. West stated the bond is 10 percent of $400,000 and Mr. Jacobson was satisfied with the amount (written recommend- tion received). MOTION: Walter Zilahy made a motion to recommend to the Board of Selectmen that the Town of Haddam accept Williamsburg Road, located off of Killingworth Road, within the Tuttlebrook Subdivision. Map References: See Assessor’s Map #54, Lot #26 and record subdivision map. Conditions: 1. Standard Permit Conditions. 2. Special Conditions/Modifications. Yes. Applicant must file all maps, deed and legal documents with Office of the Town Clerk for the Town of Haddam and must post a bond in the amount of $40,000.00 (10 percent of the original performance bond). Applicant must make formal request and appear before the Town of Haddam Board of Selectmen for final approvals. Peter Arseneault seconded. Motion carried unanimously. 14. Sharon and Bryan Sample, Owner/Applicants, Home Occupation, Property Address: 81 Wiese-Albert Road, Higganum, CT, Assessor’s Map #21, Assessor’s Lot #2-5 Dr. Gorin stated a site walk was held at which Dr. Gorin, Ms. West, Mrs. DeMichele, and Mr. Arseneault were in attendance. Mr. Arseneault suggested the installation of a gravel pad (muddy area) and a stockade gate (to shield trailer from view from road) if the Commission allows the trailer to be parked in its propos- ed location. Mr. Arseneault stated they viewed the basement and there appeared to be a small area for prepping – not so much the food, but the packaging up of materials in totes to take to events. Dr. Gorin stated he did see two sinks with a pump up (no toilet or shower) and a table. Dr. Gorin asked Ms. West about Section 23.2j regarding the length of a permit (issuing a permit for six months). Ms. West stated yes, the Commission could issue a permit for six months. Mrs. DeMichele stated she would need additional information regarding Section 23.2b as there was no square footage shown and the trailer should be included in that amount (site plan required). Mrs. DeMichele stated it appeared as if the whole area of the basement was being used and she had problems with the employees (regulation only allows for one employee). Haddam Planning & Zoning Commission 8 20 July 2009 Unapproved Minutes Mrs. DeMichele stated Section 23.2c indicates there shall be no external evidence of the opera- tion and believes the trailer may be visible from the homes from the top of the hill. Mrs. De- Michele also stated she wants additional information regarding the ZEO’s, the health dept.’s, and the fire marshal’s approvals. Dr. Gorin asked for Mr. Budrow’s input. Mr. Budrow stated home occupations are hard to regulate (have to take the word of the applicant), however, Mrs. Sample came right in to file for her permit upon being notified one was required. Mr. Budrow also stated the most difficult to enforce will be restricting the employees as he would not qualify employees coming to the house for car pooling to an event being employees on site. Mr. Zilahy stated he had concern regarding the regulation of food preparation within the basement. Ms. West stated anyone would have the right to call the State Health Dept. if they believe there’s a violation. Mr. Budrow also stated Chatham Health District could also be contacted. Discussion followed regarding potential relocation of the trailer (on site or off site) and the visibility of trailer. Item continued until Monday, 3 August 2009. 15. Douglas Anderson, Owner, WFS Earth Materials, Applicant, Special Permit, Property Address: Cedar Lake Road and Turkey Hill Road, Haddam, CT, Assessor’s Map #52, Assessor’s Lot #s 13-2, 17-1 and 17-A Terry Lomme, attorney for the owner/applicant, Tom Metcalf, engineer for the owner/applicant, and Doug Anderson, owner, were present. Mr. Arseneault recused himself from the WFS public meeting. Mr. DeStefano voiced concern over the Commission taking any action while under litigation regarding the 2007 permit. Dr. Gorin stated Bruno Morasutti, town counsel, has indicated the Commission must act on the application even though some of the elements of the Commission’s decision are being questioned. Mr. DeStefano asked if Mr. Morasutti had provided an update regarding the case. Dr. Gorin stated Mr. Morasutti did not have a copy of the Flanigan closure plan. Dr. Gorin stated the closure plan the Commission has in place is 240,000 cubic yards (lifetime), Flanigan’s closure plan is 150,000 cubic yards (estimate) and WFS has taken out over 260,000 cubic yards (by their own admission). Dr. Gorin stated he believes one of the major items WFS will contest is whether or not the Commission can limit the total amount of cubic yardage they can remove. Dr. Gorin also stated another item of contention would be closing the site down from 10 acres to five acres which has not been done. Mr. DeStefano asked if there’s a restoration bond. Ms. West stated the Town is holding $80,000. Mr. DeStefano asked how much it would to restore the site. Ms. West stated she didn’t get an amount from Mr. Jacobson. Mr. Zilahy stated he believes 15.2 (property values) and 15.4 clearly show the neighborhood has been severely impacted – hazards, inconveniences, noise and dust. Mrs. DeMichele stated the traffic and noise studies were done on low use weeks and doesn’t believe they are good indicates. Discussion followed regarding the Wetland issue (replacement of culvert). The Wetland Commis- sion has approved a box culvert with the condition it be constructed by 12/1/2009. Haddam Planning & Zoning Commission 9 20 July 2009 Unapproved Minutes Mr. Bull asked what conditions of the 2007 permit are not being followed. Dr. Gorin stated WFS has exceeded the cubic yardage limit, haven’t restored the property as requested, and the truck counts weren’t received in a timely manner. Mr. Bull stated if the emotion is removed, based on the conditions that have not been abided by, why would the Commission grant another permit. Discussion followed as to whether or not this is a renewal or a new permit. Ms. West reviewed the proposed motion including conditions noting that a number of the con- ditions were taken from the 2007 permit. Discussion followed regarding the following: whether or not conditions are physically enforceable, the supposed inability to work on five acres, and the need for the regulations to be taken into consideration as well as the conditions. MOTION: Walter Zilahy made a motion to approve a Special Permit, with conditions, to conduct an earth material removal operation pursuant to Sections 14, 15 and 18 of the Haddam Zoning Regulations. Standard Conditions. Special Conditions: Yes. 1. The maximum truck size will not exceed 18 cub yard tri-axles. 2. Proposed equipment to be used on site: screening plant (possibly portable) with conveyor stocking, rock crusher with water pumps to wash stone and sand, excavator, bulldozer, two payloaders, track loader, two site trucks (maximum size permitted are 18 cubic yard tri-axle dump), water tank truck and/or pump for fugitive dust control, air compressor, generator for on-site power, if necessary, two storage trailers, not to exceed 40 feet, and temporary/portable sanitary facility. 3. Markers shall be placed every 50 feet along the final proposed edge of excavation. Markers (stakes or blazed trees) shall be maintained along the edge of the excavation during the whole operation and shall be periodically reviewed by the Zoning Enforcement Officer. Concrete monuments shall be placed on all corners and on all boundary lines of the active operation area every 100 feet and at every tangent. 4. Description of the Proposed Operation: the approved sand/gravel operation is shown on the plans referenced on page 3 of this motion are for Phase I & II only. The operation is located between the Connecticut Route 9 expressway and Cedar Lake Road and Turkey Hill Road in Haddam, Connecticut. The lot has its access from Cedar Lake Road through a 55-foot wide access strip. Excavation will be done by excavators, payloaders and related equipment. The sequence of activities will be screening, crushing, washing (if necessary) and loading. All trucks shall be covered immediately before leaving the excavation site. If tri-axle trucks enter or exit the site they must have all axles engaged. There shall be no excavation or disturbance within 50 feet of any property lines or within 100 feet of any wetlands or watercourse. Silt fencing or hay bales shall be installed adjacent outside of the upland review area but between any stream, wetland or other watercourse and any area that has been disturbed and not restored. The access road shall be treated with water and swept as necessary to prevent fugitive dust from leaving the premises. 5. Hours of Truck Operation: From 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Hours of Pit Operation: From 7:00 a.m. to 5:00 p.m. 6. WFS shall record all truck traffic hauling earth materials from the site on a daily basis and shall be filed with the ZEO on a weekly basis. Such report shall include a copy of the pre-numbered invoice slips for each day as well as the data from the electronic counting device. 7. This special permit shall not be deemed approved until a Mylar site plan is filed with the Town Clerk. The Mylar must be signed by the Planning and Zoning Chairman. 8. The Planning and Zoning Chairman shall not sign the site plan Mylar to be filed with the Town Clerk until a cash bond, in the amount to be determined by the Town Engineer, for the purpose of restoration, is deposited at the Land Use Office. 9. At no time shall there be more than an area of five (5) acres of open excavation area. All remaining land area with exception to the access road shall remain undisturbed or shall be restored. 10. WFS is to maintain the $20,000 cash bond to assure compliance with the conditions of operation and for any damage caused to the highways of the Town of Haddam. 11. No less than six inches of top soil seeded or covered with an approved ground cover and properly stabilized, shall be installed as restoration. Grass seed used shall be fresh, re-cleaned seed in conformance with Connecticut Highway Department Specification 810 and young trees shall be planted wherever trees have been removed and/or at-will through-out the site. No excavation shall be made lower than three feet above ledge. Seeding or planting of ground cover trees shall be done at the first suitable planting season following completion of any part of operation. The permittee shall Haddam Planning & Zoning Commission 10 20 July 2009 Unapproved Minutes consider the planting season (April 15-September 15) in phasing in and planning for excavation areas and mining needs. No more than five acres of unrestored area will be allowed on the operation at a time. If the seeding or planting fails, in whole or part, the area shall be reseeded at the permittees expense and to the satisfaction of the Town Engineer. After an area has been stabilized the permittee shall call for an inspection and approval by the Town Engineer prior to operating in another approved portion of the property. 12. Per Inland Wetland Commissions 7/13/2009 motion to conditionally approve a stream crossing with a new box culvert; the new box culvert and bridge must be completed and approved by the Town Engineer per approved plans by December 1, 2009. 13. Operational Issues: a. No more than 20 truck loads of material can be removed on a daily basis, from October 1 to March 31. b. No more than 15 truck loads of material can be removed on a daily basis, from April 1 to September 30. c. Trucks operating from the site shall be owned by WFS, contracted by WFS or scheduled to be on site by WFS. Trucks entering or exiting the site shall not exceed a capacity of more than 18 cubic yards. 14. This permit issued on 07/20/2009 expires on 07/20/2011. 15. The maximum amount of material to be removed from the site is 240,000 cubic yards on a lifetime basis. 16. There shall be no cuing of trucks on any of the Town feeder roads leading to the pit operation. 17. No equipment is to operate on site outside of the “Pit Operation Hours.” 18. The permittee, at his expense, shall pay for the cost of an independent restoration plan to be produced by a licensed soil scientist, selected by the Town Planner. 19. Per the July 14, 2009 memo to Liz West, Town Planner, the following actions must be taken prior to continued earth excavation or material removal on site: Install a temporary construction fence 20-30 feet back from the northerly slope to serve as a visual reference identifying the Limit of Disturbance (LOD). Regrade the previously ‘restored’ slopes along the western side of excavations and re-seed and stabilize this area before October 1, 2009. Remove accumulation of sand in the southern overflow area that is eroded and create a bowl shaped depression for the purpose of holding overflow and sand runoff. This bowl shaped depression shall have a filter berm across the opening at the location of the existing overflow. A water bar or ‘dip’ shall be constructed along the internal pit roadway to prevent water runoff into the brook. Subsoil and topsoil stockpiles shall be stabilized with vegetation. Construct a secondary containment tank equal to 110 percent of the existing tank volume for the steel fuel tank located on site. 20. Failure to comply with any condition of the permit may result in a Cease and Desist by the Zoning Enforcement Officer and my result in a revocation of the Special Permit by the Commission. Map References: “Updated topographic survey prepared for WFS Earth Materials LLC. Cedar Lake Road & Turkey Hill Road, Haddam, Connecticut, May 1, 2007”. Scale: 1”=100’. Date: Prepared by Jackowiak Land Surveying. “Phase 1 & 2 Restoration Plan prepared for WFS Earth Materials LLC. Turkey Hill Road & Cedar Lake Road, Haddam, CT.” Scale: 1”=100’. Sheets 2 of 3 and 2 of 2. Date: 11.Jun.2007. Prepared by: Thomas E. Metcalf, P.E., L.S. “Details and Notes Modified Grading Plan prepared for WFS Earth Materials LLC. Turkey Hill Road & Cedar Lake Road, Haddam, CT”. Scale: As Shown. Date 21 Aug. 2006. Prepared by: Thomas E. Metcalf, P.E., L.S. “Restoration Plan Phases 1 & 2 WFS Earth Materials LLC. Haddam, Connecticut”. Scale: 1”=100’. Date: 13 Aug. 06. Prepared by: Laurence C. Appleton, Landscape Architect. Steve Bull seconded. Motion denied with one abstention. Reasons for denial: 1) The applicant failed to demonstrate their conformance with Sections 15 and 18 of the Zoning Regulations of Town of Haddam. More specifically, this Commission finds that the application does not comply with Section 15.2(b) which states that the proposed use be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the zone, the neighborhood and the Town and will not be detrimental to the established properties in the area. The Commission finds that the large scale excavation and industrial nature of the operations are not in harmony with the residential character of the R2 District. 2) Section 15.4 which states that the location, and size of such use, the nature and intensity of the operations involved in, or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from and in the vicinity of the use will not be hazardous or inconvenient to, or detrimental to the character of the Haddam Planning & Zoning Commission 11 20 July 2009 Unapproved Minutes zone or conflict with the traffic characteristics of the neighborhood. This Commission finds that the operation uses large tri-axle trucks for the hauling of sand and gravel that are hazardous to local traffic. Cedar Lake Road and the other Town feeder roads that access the site are narrow, rural historic roads and are not suitable for daily industrial truck traffic. Failure to demonstrate that noise, dust, vibrations, and general performance standards have been met with regard to traffic studies, noise studies and air quality studies. 3) Furthermore, the applicant failed to adhere to the conditions of the former special permit issued 7-17-2004. Specifically, condition 7 which required the operator to submit weekly truck counts with the Town ZEO; condition 9 that states that within six months of granting the special permit the working area shall be no more than ten acres and within twelve months the working area shall be no more than five acres per 18.6 of the Zoning Regulations; and failed to demonstrate compliance with condition 15 which states that the maximum amount of material to be removed from the site is 240,000 cubic yards on a lifetime basis. Mrs. Chase-Wells stated her reason for abstaining was due to an abutting property owner was trying to influence her during the site walk and she didn’t feel she wasn’t as unbiased as she should have been. Dr. Gorin stated the residents are not supposed to speak to Commissioners. Mrs. Chase-Wells stated Ms. West spoke to the resident. OLD BUSINESS 16. Joe Budrow, Zoning Revision Regarding Blight Tabled until Monday, 3 August 2009. 17. Adjourn MOTION: Stasia DeMichele made a motion to adjourn. Walter Zilahy seconded. Motion carried unanimously. The meeting was adjourned at 10:15 p.m. Respectfully Submitted, Bunny Hall Batzner Bunny Hall Batzner Recording Clerk The next meeting is scheduled for Monday, 3 August 2009. Haddam Planning & Zoning Commission 12 20 July 2009 Unapproved Minutes
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