TOWN OF WOODBURY Zoning Commission 281 Main Street South Woodbury, Connecticut (203)

Transcription

1 TOWN OF WOODBURY Zoning Commission 281 Main Street South Woodbury, Connecticut (203) First land deed from the Indians Ape! 12th 1659 MEMBERS PRESENT: Robert Clarke, Chairman Jon Quint, Vice Chairman Ted Tietz Beverly Deickler MEMBERS ABSENT: Charles E. Cosgriff MINUTES November 10, 2015 PUBLIC HEARING/REGULAR MEETING 7:30 P.M. SHOVE CONFERENCE ROOM ALTERNATES PRESENT: Jack Well David Lampart Thomas Amatruda ALTERNATES ABSENT: None ALSO PRESENT: Kathy Castagnetta, the Town Planner, Deb Tietz, Ken Faroni, E. Joel McCorkle, Andrew Chapman, Paul Nittoli, Nancy Huebner, John Wick, members of the public and members of the Press. I. a. CALL TO ORDER Chairman Clarke convened the meeting at 7:31 p.m. b. SEATING OF MEMBERS AND ALTERNATES Seated were Commissioners Clarke, Quint, Tietz, Deickler and Alternate Amatruda. II. PUBLIC HEARINGS a. 15 -ZC / Stiles Road Quarry / O&G Industries, Inc. / Renewal of Earth Materials Permit / Map 032, 34 / Lot 001, 001A / CH: 12/15/15 Commissioner Tietz asked to be recused from the meeting. Chairman Clarke unseated Commissioner Tietz and seated Alternate Lampart. Chairman Clarke read the legal notice regarding the above captioned Public Hearing which was printed October 28, 2015 and November 4, 2015 in the newspaper, Voices. The Chairman then read two pieces of correspondence from E. Joel McCorkle of 29 Stiles Road regarding quarry activity; and an from Kerri Wolcott regarding the shooting range at the quarry. Mr. Ken Faroni of 0 & G Industries, Inc. addressed the Commission. Mr. Faroni presented a letter of notification and certified mail cards indicating notification to all abutting property owners within 250 feet of the quarry. He also provided a map of the quarry which was used through his presentation to the Commission. Mr. Faroni addressed the Commission on the ongoing water monitoring program, elevations of the quarry, vernal pools and the biological impact which is continuing to be monitored on a per permit term basis. He further discussed importing portable processing equipment to the quarry and the location of such equipment. Mr. Faroni stated that in the past two years, seven complaints had been registered. He also provided the Commission with a starting point document which highlighted several changes in 0 & G's policy pertaining to target shooting. The October 28, 2015 Memorandum from the Town Planner to the Commission was then read, reviewed and discussed. The Memorandum highlighted several concerns of the Town Planner which Mr. Faroni then November 10,

2 addressed. The Town Planner questioned an encroachment area; Mr. Faroni explained there was no encroachment. The target shooting concern was previously addressed. A revised map was submitted to eliminate confusion. Lastly, updating the irrevocable letter of credit was discussed. The Chairman then called for any questions from the public. Mr. Andrew Chapman of 119 Park Road questioned the testing of the vernal pools. Mr. Chapman expressed concern in testing every other year. Mr. Faroni stated the consultant was confident that every permit term was sufficient. Mr. Faroni mentioned the testing had been performed annually for twelve years with no changes. Commissioner Deickler stated that the biologist has knowledge of the plan; the quarry has already reached its closest point to the vernal pool and has a lengthy history of monitoring. Mr. Paul Nittoli of 30 Park Road questioned the original study showing the Jefferson Salamander. He questioned the biologist and made reference to Mr. Bailer an expert on this salamander. Mr. Faroni replied that two separate consultants have been involved, Fuss & O'Neill and Mr. Ed Paulick. Alternate Amatruda questioned if reports from the 0 & G consultants are of record. Mr. Faroni replied yes and provided the dates and offices where such information can be obtained. Mr. Joel McCorkle of Stiles Road expressed his concerns regarding private property and target shooting. The Chairman then closed the Public Hearing. Chairman Clarke moved and Commissioner Deickler seconded to close the Public Hearing regarding 15-ZC-1518 / Stiles Road Quarry / O&G Industries, Inc. / Renewal of Earth Materials Permit / Map 032, 34 / Lot 001, 001A Vote in favor. Motion Unanimously Approved. b) 15-ZC-1519 / Park Road Quarry / O&G Industries, Inc. / Renewal of Earth Materials Permit / Map 088 / Lot 005 / CH: 12/15/15 Chairman Clarke read the legal notice regarding the above captioned Public Hearing which was printed October 28, 2015 and November 4, 2015 in the newspaper, Voices. Mr. Ken Faroni of 0 & G Industries, Inc. addressed the Commission. Mr. Faroni presented a letter of notification and certified mail cards indicating notification to all abutting and property owners within 250 feet of the quarry. He also provided a map of the quarry which was used through his presentation to the Commission. Mr. Faroni addressed the Commission regarding excavation, drilling and blasting. A video of several blast shots at the quarry was then reviewed. Mr. Faroni then discussed the 38 complaints which were concerning blasts and truck traffic at this quarry. He also discussed the life of the mine, amount of materials and grading plans. The October 28, 2015 Memorandum from the Town Planner to the Commission was then read, reviewed and discussed. The Memorandum highlighted several concerns of the Town Planner which Mr. Faroni then addressed. The Zoning of District EE was discussed as well as an exchange of property with the Town regarding a 2006 map. Mr. Faroni addressed the topic of more exceedances of ground vibrations than in the past by describing the density of the blasts and referencing the US Bureau of Mines standards and the Woodbury standards. Alternate Amatruda asked Mr. Faroni to project the exceedances during this next permit period. Mr. Faroni replied that he does not expect an issue. Chairman Clarke questioned Mr. Faroni if the mine was done for the season. Mr. Faroni replied no, they were still blasting and expected 3 to 4 more shots before the end of the season. Mr. Faroni agreed to let the Land Use Staff know when the mine was shut down for the season. The Chairman then called for any questions from the public. November 10,

3 John Wick of 19 Park Road addressed the Commission with his concerns to effect change for the neighbors who are adversely affected by the Quarry. Nancy Huebner of 403 Main Street South addressed the Commission stating that she on behalf of the quarry neighbors has attended meetings and has tried repeatedly to effect positive change. Ms. Huebner requested this Commission include conditions to the Permit regarding the life of the quarry such as a Public Hearing to any site plan modifications. Ms. Huebner described in details the adverse effect she and her neighbors were having from significant blasting at the quarry. She requested being notified in advance to blasting. Mr. Faroni amicably agreed to include her and any neighbors in an alarm system of notification when blasting. Ms. Huebner continued to discuss, in detail, the road situation and their request for additional signage. The Chairman stated that road signage does not fall within this Commission and advised her to take this matter up with the resident State Trooper, Public Works and the First Selectman's office. Ms. Huebner continued to discuss the hours of truck traffic in her neighborhood and read Section b of the Zoning Regulations. Ms. Huebner further stated that after no avail herself and the neighbors entered into dialog directly with Mr. Faroni at 0 & G regarding improvement for positive change. Mr. Faroni stated he welcomed such dialog and has placed seismographs in several locations which are within the standards, however, acknowledged the offsite feeling of the blasts. Mr. Faroni further stated he has a notification system in place prior to blasting. He also had no opposition to a Public Hearing for any site plan modifications. Mr. Faroni discussed truck traffic and the speed of the trucks at length. The Chairman reiterated that road signs are not the province of the Zoning Commission; such requests should be made in writing to the Board of Selectman and the Police Department. Chairman Clarke moved and Commissioner Quint seconded to close the Public Hearing regarding 15-ZC-1519 / Park Road Quarry / O&G Industries, Inc. / Renewal of Earth Materials Permit / Map 088 / Lot 005 Vote in favor. Motion Unanimously Approved. 3) PENDING APPLICATIONS: a) 15-ZC-1515 / 169 Quassuk Road / Tietz / Renewal of Special Permit for Earth Excavation Parcels A & B / Map 090 / Lot 014 The Commission reviewed the matter and made the following Motion: Chairman Clarke moved and Commissioner Deickler seconded the following Motion regarding 15-ZC-1515 / 169 Quassuk Road / Tietz / Renewal of Special Permit for Earth Excavation Parcels A& B / Map 090 / Lot 014 WHEREAS, the Zoning Commission has received application 15-ZC-1515 submitted by Theodore Tietz, Jr. (applicant) for a renewal of an Earth Excavation permit for Parcels A and B at 169 Quassuk Road (Map 090/Lot 014); WHEREAS, the subject property has been used for earth materials activities since 1964, including excavation, hauling, stockpiling of on-site and imported materials for processing (screening, mixing, crushing), and as a terminal for the resale of products such as loam, sand, stone and septic gravel; and WHEREAS, the Commission has determined the applicant has demonstrated a need to excavate to within 25 feet of a property or street line consistent with legally existing operations predating the adoption of the Woodbury Zoning Regulations; and November 10,

4 WHEREAS, the Commission determined, pursuant to Zoning Regulations Section 7.8, that there has been no significant change in circumstances concerning the Site Development Earth Excavation Special Exception applying to this property, and therefore that no public hearing is required; and WHEREAS, the Commission finds that all criteria for renewal including demonstrated compliance with Section 7.8 have been satisfied; therefore, the granting of this Earth Materials Permit Renewal will not result in a violation of these Regulations; NOW, THEREFORE, BE IT RESOLVED that the Woodbury Zoning Commission issues a renewal of a Special Exception to Theodore Tietz, Jr. for property located at 169 Quassuk Road (Map 090/Lot 014) to excavate, process and remove earth material as shown on the Site Development Plan referenced above, hereby approved, subject to the following conditions: 1. The applicant shall file a bond in the amount of $10, in favor of the Town of Woodbury in a form acceptable to the Town Land Use Office. 2. Silt fencing shall be installed and maintained down gradient of all work areas. 3. No topsoil shall be removed from the site until topsoil is stockpiled to provide a sufficient final cover of topsoil on all areas stripped of topsoil by this excavation activity. 4. A permanent vegetative cover shall be established immediately following completion of all final grading composed of a mixture of bluegrass, red fescue, and ryegrass or other vegetative cover as approved by the Town Land Use Office. 5. Any exposed soil on completed grades shall be seeded before May 1 of each year this permit remains valid. 6. All access and hauling roads and work areas shall be maintained to insure against erosion or sedimentation and vegetation shall be planted and established as appropriate within 60 days of the completion of temporary or final work items approved under this permit. 7. Any earth materials hauling and processing activities authorized by this permit shall not take place before 7:00 A.M. or after 6:00 P.M., Monday through Friday, or earlier than 8:00 A.M. or later than 5:00 P.M. on Saturdays. 8. The applicant shall submit quarterly reports to the Town Land Use Office with the following information for the preceding calendar quarter: A summary of complaints received. Number of trucks leaving the site. Calculation of the amount of material removed. Amount of area restored. 9. The applicant shall submit a restoration plan for all completed excavation areas with any renewal application. 10. All overburden stockpile areas shall be seeded for stabilization no later than May 1St of each year this permit remains valid. 11. There shall be no burying of any tree materials including, but not limited to stumps, branches, logs, brush, woodchips or similar items. 12. The applicant shall provide the Land Use Office with a written statement as to the total amount and type of material removed in each calendar year no later than January 15th following each year this permit remains valid. 13. All loads leaving the site must be covered. 14. This permit renewal expires December 31, The applicant shall file a revised "Land Record Form" containing the text of this approval motion in the Town Clerk's Office within 65 days of the Commission's approval. No such notice shall be filed until an approved bond is in place in favor of the Town of Woodbury. Vote in favor. Motion Unanimously Approved. b) 15-ZC-1516 / Quassuk Road / Tietz / Renewal of Special Permit for Earth Excavation of Pond Materials Parcel C / Map 090 / Lot 011 November 10,

5 The Commission reviewed the matter and the following Motion was made: Commissioner Clarke moved and Commissioner Quint seconded to move the following Motion and have the land use staff issue the necessary documentation regarding 15-ZC-1516 / Quassuk Road / Ted Tietz / Renewal of Special Permit for Earth Excavation of Pond Materials Parcel C / Map 090 / Lot 011 WHEREAS, the Woodbury Zoning Commission (Commission) has received Application 15-ZC-1516 submitted by Theodore Tietz, Jr. (Applicant) for renewal of a Special Exception and Site Development Plan Approval for site development earth excavation activities pursuant to Section of the Woodbury Zoning Regulations to excavate, process and remove earth material from the property at Quassuk Road (Map 090/Lot 011) also identified as Permit Area "C" WHEREAS, the Woodbury Inland Wetlands and Watercourses Agency issued a permit to excavate the pond as shown on the Site Development Plan referenced above on September 13, 2004; Renewed on September 28, 2009 and August 25, 2014; and WHEREAS, the Commission determined, pursuant to Zoning Regulations Section 7.8, that there has been no significant change in circumstances concerning the Site Development Earth Excavation Special Exception applying to this property, and therefore that no public hearing is required; and WHEREAS, the Commission finds that all criteria for renewal including demonstrated compliance with Section 7.8 have been satisfied; therefore, the granting of this Earth Materials Permit Renewal will not result in a violation of these Regulations; and NOW THEREFORE BE IT RESOLVED that the Woodbury Zoning Commission issues a renewal of a Special Exception to Theodore Tietz, Jr. for property located at Quassuk Road (Map 090, Lot 011) to excavate, process and remove earth material as shown on the Site Development Plan referenced above, hereby approved, subject to the following conditions: 1. The applicant shall maintain a bond in the amount of $2,000 per acre in favor of the Town of Woodbury in a form acceptable to the Town Land Use Office. 2. Any processing shall be limited to screening of soils excavated on site. No material other than topsoil or clean fill needed to comply with the approved site plan is to be imported to the site 3. Silt fencing shall be installed and maintained down gradient of all work areas. 4. No topsoil shall be removed from the site until topsoil is stockpiled to provide a sufficient final cover of topsoil on all areas stripped of topsoil by this excavation activity. 5. The total amount of materials removed from the site, as shown on the Site Development Plan, shall not exceed 140,000 cubic yards. 6. A permanent vegetative cover shall be established immediately following completion of all final grading, composed of a mixture of bluegrass, red fescue, and ryegrass or other vegetative cover as approved by the Town Land Use Office. 7. Any exposed soil on completed grades shall be seeded before May 1 of each year this permit remains valid. 8. All access and hauling roads and work areas shall be maintained to prevent erosion or sedimentation and vegetation shall be planted and established as appropriate within 60 days of the completion of all temporary or final work items approved under this permit. 9. Any earth materials hauling and processing activities authorized by this permit shall not take place before 7:00 A.M. or after 6:00 P.M., Monday through Friday, nor earlier than 8:00 A.M. or later than 5:00 P.M. on Saturdays. 10. The applicant shall submit quarterly report s to the Town Land Use Office with the following information for the preceding calendar quarter: A summary of complaints received. Number of trucks leaving the site. November 10,

6 Calculation of the amount of material removed. Amount of area restored. 11. The applicant shall update the restoration plan for all completed excavation areas with any renewal application. 12. All earth material stockpile areas shall be seeded for stabilization no later than May 1St of each permit year authorized under this permit. 13. There shall be no burying of any tree materials including, but not limited to stumps, branches, logs, brush, woodchips or similar items. 14. All loads leaving the site must be covered. 15. This permit renewal expires December 31, Removal of earth materials and any work within areas regulated by the Woodbury Inland Wetland and Watercourses Agency shall cease upon the expiration of any active permit from that agency. 17. The applicant shall file a revised 'Land Record Form" in the Town Clerk's Office within 65 days of the Commission's approval containing the text of this approval motion. Vote in favor. Motion Unanimously Approved. c) 15-ZC-1517 / 2 Good Hill Road / Iris Lord / Flood Plain Permit to Re-Construct 25' X 25' Accessory Building (Sec. 6.1) / Map 036 / Lot 033 The Commission together with the Town Planner discussed the application. A section of the Town ordinances was noted that if a residential building is destroyed by fire that no Land Use fees shall be charged. The following motions were then made. Commissioner Deickler moved and Commissioner Quint seconded to waive the Public Hearing regarding 15-ZC / 2 Good Hill Road / Iris Lord / Flood Plain Permit to Re-Construct 25' X 25' Accessory Building (Sec. 6.1) / Map 036 / Lot 033 Commissioner Deickler moved and Commissioner Quint seconded to table the application to the December meeting regarding 15-ZC-1517 / 2 Good Hill Road / Iris Lord / Flood Plain Permit to Re-Construct 25' X 25' Accessory Building (Sec. 6.1) / Map 036 / Lot 033 d) 15-ZC-1518 / Stiles Road Quarry / O&G Industries, Inc. / Renewal of Earth Materials Permit / Map 032, 34 / Lot 001, 001A / CH: 12/15/15 The Commission together with the Town Planner agreed to review and provide a Motion for the next meeting. e) 15-ZC-1519 / Park Road Quarry / O&G Industries, Inc. / Renewal of Earth Materials Permit / Map 088 / Lot 005 / CH: 12/15/15 The Commission together with the Town Planner agreed to review and provide a Motion for the next meeting. The Chairman moved to add an item to the Agenda. Chairman Clarke moved and Alternate Lampart seconded to add an item to the Agenda under New Applications regarding 47 Main Street South, New Tenant (Woodbury Saw and Mower LLC) to Use Existing CL Adams Rear Storage Building for Lawn Mower Repair Business / Map 105/ Lot 139 November 10,

7 The Town Planner addressed the Commission in regards to this new application. Woodbury Saw and Mower will co-exist with C.L. Adams in the front section of the building and the barn in back will be used as a repair workshop. It is in the MSD District. This is a similar use, so a Public Hearing would not be necessary. Mr. Kevin Barry addressed the Commission stating the hours are to be determined, however would be similar to the existing hours. Mr. Barry further stated the repairs being made would be in the insulated building in the back and noise would not be a problem. It was also mentioned the propane exchange area would be reactivated. Chairman Clarke moved and Alternate Lampart seconded to have the Land Use Staff issue a Zoning Permit regarding 47 Main Street South, New Tenant (Woodbury Saw and Mower LLC) to Use Existing CL Adams Rear Storage Building for Lawn Mower Repair Business / Map 105/ Lot 139 once the hours have been obtained and the necessary department approvals have been received. 5) OTHER BUSINESS: a) 0 & G Industries, Inc Earth Materials Progress Reports & Quarterly Reports for Stiles and Park Road Quarries and 2015 Truck Traffic Report for Park Road Quarry Mr. Ken Faroni addressed the Commission referring to the items mentioned earlier tonight and stating there was nothing new on policy. b) Review and Approval of 2016 Regular Meeting Schedule The Commission reviewed the 2016 Regular Meeting Schedule agreeing to omit the December 27, 2016 meeting and to move the October 11 meeting to October 13, Chairman Clarke moved and Commissioner Deickler seconded to approve the 2016 Zoning Commission Meeting Schedule with two amendments of removing the December 27, 2016 meeting and to reschedule the October 11, 2016 meeting to October 13, ) UPDATES ON LAND USE BOARDS & COMMISSIONS Commissioner Deickler provided a report on the on the Zoning Board of Appeals regarding 164 Sycamore Road and 596 Flanders Road. She also reported on 244 Main Street North and the waiving of the public hearing. Commissioner Quint provided a report on the Conservation Commission regarding the October 3, 2015 Town cleanup and the Nonnewaug Falls signage. Alternate Well reported on the BEDC regarding additional events to be scheduled at the Hollow such as the Fall Festival. 7) ENFORCEMENT: The Commission discussed the following enforcement issues and the memorandum from the Zoning Enforcement Officer where no action was suggested. November 10,

8 a) 13-ENF-0006 / Dwight Smith / 54 Old Town Farm Rd. / NV & RFVC Storage of Vehicles (sec ) / Map 012 / Lot 023 / Zone OS60 b) 14-ENF-0010 / Zachary & Mallory Lessard / 51 Grey Fox Trail / C & D Home Based Business Permit 9553 LT Landscaping Inc. / Map 010 / Lot 028E c) 15-ENF-0003 / Jared Wilkas / 38 Sanford Rd. / C & D Operation of a Tree Business without a Permit (Section 4) / Map 021 / Lot 048 / Zone 0S60 d) 13-ENF-0030 / Ronald F. Parkhurst / 641 Weekeepeemee Road / NPV Illegal Apartment in Detached Garage and Illegal Apartment in House (Sec. 4.1) / Map 044 / Lot 007 / Zone e) 15-ENF-0005 / Harold E. Cole / Main Street North / NPV Billboard Sign without Permits Map 025 / Lot 013G / Zone OS100 8) PRIVILEGE OF THE FLOOR - None 9) CONSIDERATION OF MINUTES 10/27/15 The Chairman moved the Minutes of the October 27, 2015 meeting. Chairman Clarke moved and Commissioner Deickler seconded to accept the Minutes of October 27, 2015 Meeting with the following amendments: Page 2, Item 3, the first Motion "Vote 3-2-0" to read "Vote 3-0-2". Page 2, Item 3, the second Motion "Vote 4-1-0" to read "Vote 4-0-1" Vote in favor. 10) CORRESPONDENCE The Commission reviewed the CFPZA Quarterly newsletter. 11) ADJOURNMENT To adjourn the meeting at 10:55 p.m. Made by Chairman Clarke FILED SUBJECT TO APPROVAL Respectfully Submitted, 144, d. of., Lisa A. Schneider Zoning Commission Clerk Copies of documents and meeting audio are available at the Land Use Office RECEIVED & FILED IN WOODBURY, CT November 10, day of `6 o'clock M at Town Clerk