ZONING
COMMISSION
P.O.
BOX 308
JUNE
18, 2007 - 7:00 p.m.
I.
PUBLIC HEARINGS
Vice Chairman Jill Conklin
opened the public hearing to order at 7:02 p.m.
a.
Continuation: Special Use
Permit Application for Gravel Bank, Stafford/Root/Wood Roads, Wood Gravel
Operation, LLC
Mrs. Carson noted that we
have now received comments from Merv Strauss and a recommendation of approval
from the Planning Commission subject to terracing of the slopes, freshening the
hay bales and checking the stone check dams. The bond of $73,056.00 was acceptable to
the Town Engineer.
Bruce Wood presented plans
and noted that there is currently not an erosion problem so he doesn’t want to
disturb the hay bales already in place, but he will add to them to refresh
them.
There were no comments from
the audience and a motion was made by Dan Fraro, seconded by Ray Hafford and
unanimously voted to close the public hearing at 7:06 p.m.
b.
Continuation: Special Use
Permit Application for Gravel Bank, 164 Hampden Road, Grower Direct
Farms
Environmental Engineer Mike
Mocko gave a site overview for the applicant. The changes to the plan included the
addition of more existing topography which help analyze slope conditions. One requirement that Merv Strauss had in
his letter was that there was not enough clearing to accomplish temporary and
permanent slopes so they have increased the tree clearing line enough to make a
3 to 1 slope. A safety fence is
proposed parallel with the tree clearing.
Mr. Strauss has approved these changes in his most recent
letter.
Geotechnical engineer,
Clarence Welti, has visited the site as requested by The Town Engineer and Mr.
Strauss has checked that his recommendations are included on and conform with
the current plans.
The
Town Engineer has also recommended that Mr. Mocko periodically view site work
for continual compliance with the plan.
The
Planning Commission recommended that the Zoning Commission not approve the
application until Merv Strauss’s recommendations are met. Mrs. Carson stated that the applicant
has complied with all recommendations.
No
audience comments were given in favor of the application.
Patricia Broer, 74 Hampden
Road,
spoke against the applicant and read a letter she had written which was
submitted for the record. She noted
several violations of the applicant, including the 6:30 a.m. work starting time
of Holden Trucking Company, pollution of Thrasher Brook which runs on their
property and into adjacent neighbors’ ponds, the ignoring of a Cease and Desist
order made by the Town, and a notice sent from the DEP listing 9
violations.
John Clark, 104 Hampden
Road,
explained that a large portion of his land abuts the applicant’s land. He has 1-½ ponds on his land (½ of one
pond belongs to Mr. Bealey). The
second pond is upstream from the first pond and was designed to catch any runoff
from the sandpit area and it has been steadily filling with silt through the
years. The runoff from the sand pit
area went off his property and into other ponds. Grower Direct then expanded and filled
in a pond on their property. They
then built another pond of equal size and diverted the runoff upstream from his
property. But now they have started
digging again and the runoff is all coming into his pond area and filling it
in. His pond is turning into a
swamp. Mr. Clark stated the convoys
of trucks are a danger and a nuisance.
Henry Broer, 74 Hampden
Road,
asked about blasting going on in the past.
He stated that they felt blasting in the ground at his home and called
Mr. Pinney’s Office, reached the secretary who called the fire marshall who told
her that the blasting was not in Somers but was in Massachusetts because there
was no permit given for blasting.
This leads Mr. Broer to believe that Mr. Van Wingerden is blasting
without a permit.
He
questioned the Minutes of the June 4, 2007 meeting, noting that there are two
rather large paragraphs devoted to what Mr. Van Wingerden said and very little
about his comments. He had
presented photos of the Bealey pond adjacent to Mr. Clark’s pond, submitted
copies of the State DEP notice that listed 9 Grower Direct violations that, if
not corrected, were subject to a fine of $25,000.00 a day. But this was not mentioned in the
minutes. He thinks the minutes left
out a lot of what happened at the meeting.
The
very next night the Conservation Commission met and Mr. Bealey again presented
photos dated at the end of May and once again the pond has been adversely
impacted by Grower Direct Farms.
Mr. Askew is quoted in the minutes as saying that as the Town’s
Enforcement Officer he has been through 2 years of this type of activity on the
part of Grower Direct. Mr. Bealey
has numerous photos of his silted pond and as the Enforcement Officer Mr. Askew
believes the Town’s enforcement actions have not adequately protected Mr.
Bealey’s pond. Mr. Broer adds to
this that the Town has not protected Thrasher brook or his
wetlands.
Mr.
Broer read from a Journal Inquirer article that he feels covers everything
well. He felt that the best part of
the article was that one truck goes by like a limo and another goes by like a
tank. In addition, Mr. Van
Wingerden is quoted as saying that 30 or 40 trucks go in and 30 or 40 trucks
come out of his pit. Mr. Broer
noted that this number of trucks is a nuisance and reduces property values. He stated that Mr. Van Wingerden has
said in the past that he is not doing anything differently from Mr. Woods
operation, but this is not true.
Mr.
Broer noted that he has asked for relief in the past and the one-hour lag in
starting time did not seem to help.
He also noted that the article states that the Zoning Board is fair and
evenhanded and they don’t want another spectacle like February. Mr. Broer asked what Mr. Van Wingerden
means by this and suggested that he is threatening the Town. He also added that unlike other Somers
gravel banks, Mr. Van Wingerden is not reshaping his land primarily to sell sand
and topsoil, but to sell flowers.
He added that the Beautification Committee benefits from it and every one
is happy, but Mr. Van Wingerden is not giving the gravel
away.
So
he believes that what he has been saying for the last 18 months is true and they
had 5 people appear last spring, including Mr. Stedding, who has now “given up
the ghost” and moved out of Town.
Mr. Van Wingerden always does things after the fact and he asked that the
Commission give them some relief.
Mr.
Mocko stated that environmental requirements of the DEP have been complied with
and they are continuously in contact with the DEP and David Askew. With regard to traffic, there are many
trucks sharing the same access road onto Hampden Road and some of them are going
to other gravel banks. There is
much commerce that goes along Hampden Road to provide access to Wilbraham and
Hampden, Massachusetts and the truck traffic is a combination of many sources of
trucks. He also noted that the
operator at Grower Direct is Herbert Holden, who typically operates for a month
or two and then shuts down for a few months. They do not operate
continuously.
He
added that he met with the foreman of the blaster, Maine Drilling and Blasting,
who stated that he did get the proper permits and there was only one day of
blasting. There is blasting going
on over the state line in Hampden.
Regarding Mr. Clark’s pond,
he was unaware that there was a sediment problem but would like to visit the
site with him to see if there is a situation needing correction. He asked Mr. Clark to discuss this with
him. Mr. Broer offered that Mrs.
Clark appeared before this Commission in the spring of 2006, sharing the same
information. Mr. Mocko noted there
are silting problems from the washout of the October 2005 storm and there are
plans to remedy this through the State.
Mr.
Clark explained that Thrasher Stream has a small tributary coming directly from
the greenhouse into the stream onto his property. He’s seen that loaded with something
that is a milky color and wonders if it is toxic.
Mr.
Mocko explained that this is a non-toxic, EPA approved material that a
contractor used to paint the top of the greenhouses with. A rainstorm washed it off before it
hardened and it went into the stream.
Because of this incident, Grower Direct no longer uses that
product.
Mrs. Carson asked if the
applicant plans to do any more blasting.
Mr. Mocko stated Mr. VanWingerden will have to blast to get the sloping
to meet safety requirements.
Mrs. Carson added that the
Conservation Commission is very involved with wetland issues on this site and
David Askew and the DEP are working closely with Mr. Mocko and Mr. Van
Wingerden.
Dan
Fraro, a member of the Conservation Commission, noted that there are issues with
that Commission in the process of being corrected. Mr. Broer stated that the corrections
are taking place after the fact and that is what Mr. Askew spoke about at the
last meeting.
Mr.
Mocko described the outstanding issue, noting that the applicant feels he can
grow mums on a field that cows used to pasture on for many years, but the issue
with Conservation Commission is whether the wetlands should be mapped and
whether he should have a permit to change the area from pasture to growing of
mums. At this point in time they
are complying with the Commission’s request to map and they will conform to a
permit if one is deemed necessary.
But this is not an issue for the gravel permit; it’s in a completely
different area.
Regarding the sediment
erosion controls in the gravel bank, the worst part of construction is over and
now they have a large area to contain runoff water which used to be a large
sloping area. The growing beds need
to flood with water approximately 4 to 6 inches deep and the detention basin has
to flood from 4 to 6 inches deep before water from a thunderstorm can leave the
site. They have had several 2-inch
rains in a 24-hour period and they have had no runoff from the gravel area. This situation will continue to
improve.
In
the future the slopes on the gravel area will be loamed and seeded, decreasing
runoff and the growing beds will act as a flood area and absorb water into the
soil.
Mr.
Broer asked why Mr. Bealey had fresh photos at the end of May showing runoff on
his pond. Mr. Mocko noted that in
late April they had 4 to 6 inches of rain in a 24-hour period and a blowout of
dyke holding in a detention and infiltration area causing the silt
release.
Mr.
Broer added that there have been issues continuously with the Wetlands
Commission. He addressed the DEP
letter and stated that the applicant complied with them only because of the
large fine. He added that 30 to 40
trucks at a time is a horrendous number.
He knows where the trucks are going because he has followed
them.
John Clark asked if the
Wetlands issues will be resolved before this application is voted upon. Mrs. Carson responded that the Zoning
Commission has no authority over the wetlands issues.
Mrs. Carson reported that
she has reviewed the regulations and there is nothing in them about limiting the
number of trucks operating on the site.
Mr.
Broer added that the gravel used to build Cabella’s in East Hartford has come
from Grower Direct Farms.
A
motion was made by Dan Fraro, seconded by Ray Hafford and unanimously voted to
close the public hearing at 7:50 p.m.
II. CALL
TO ORDER
Vice
Chairman Jill Conklin called the regular meeting to order at 7:51 p.m. Members Jill Conklin, Ray Hafford and
Alternate Member Dan Fraro (seated for Robert Martin) were present and
constituted a quorum. Town Planner
Patrice Carson was also present.
III. INTERVIEW
DESIGN REVIEW BOARD CANDIDATES
– There were none.
IV. MINUTES
APPROVAL
– This item was
deferred.
A
motion was made by Dan Fraro, seconded by Ray Hafford and unanimously voted to
take Item d., Old Business out of order.
V.
OLD BUSINESS
d.
Discussion/Possible Decision:
Site Plan Application for Somers Crossing Phase II, 87 South Road, Somers
Crossing, LLC
The
Planning Commission voted to recommend approval based upon this being an
appropriate business in the Business Zone, and they needed to get storm system
information to the Commission.
Chuck
Bomley and Chet Ladd were available to answer any questions. The Town Engineer has received the
photometric plans and storm drainage information meeting the 80% suspended solid
requirements.
A
portion of the driveway has been deleted and replaced by a landscaped area and
sidewalk connecting to Phase I as recommended by staff. There are no other major changes. The landscaping and lighting is carried
through from the first Phase.
A
motion was made by Dan Fraro, seconded by Ray Hafford and unanimously voted to
approve Somers Crossing, LLC’s site plan application for Somers Crossing Phase
II at 87 South Road.
a.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, South Road, Pleasant View
Farms Realty
The
Planning Commission recommended not approving this application until the
applicant has met the requirements of the Town Engineer. Mrs. Carson reviewed the site today at
Mr. Strauss’s request and Merv’s comments have been addressed regarding the
regarding of some steeper slopes.
He is almost complete. Jeff
Lipton stated at the Planning meeting that this will be his last year. The bond amount is
$39,000.00.
A
motion was made by Dan Fraro, seconded by Ray Hafford and unanimously voted to
approve Pleasant View Farms Realty’s Special Use Permit application for a Gravel
Bank on South Road with a bond of $39,000.00. This permit will be valid from July 1,
2007 through June 30, 2008.
b.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, Stafford/Root/Wood Roads,
Wood Gravel Operation, LLC
The
Planning Commission recommended approval of this application subject to
terracing the slopes, placing fresh hay bales for erosion control, and making
sure the stone check dams are working properly. The bond is $73,056.00. He has begun working on these
things.
A
motion was made by Ray Hafford, seconded by Dan Fraro and unanimously voted to
approve Wood Gravel Operation, LLC’s Special Use Permit application for a Gravel
Bank on Stafford/Root/Wood Roads with the condition that the applicant satisfy
the Town Engineer’s concerns regarding the terracing of the slopes, placing of
fresh hay bales for erosion control, and making sure the stone check dams are
working properly, and with a bond of $73,056.00. This permit will be valid from July 1,
2007 through June 30, 2008.
Patrice
Carson suggested that the Commission discuss having the Zoning Enforcement
Officer visit each of the gravel banks every 3 or 4 months to see how they are
doing.
c.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms
A
motion was made by Dan Fraro and seconded by Ray Hafford to approve Grower
Direct Farms’ Special Use Permit application for a Gravel Bank at 164 Hampden
Road.
Discussion
followed and Mr. Fraro explained what has been going on between the Conservation
Commission and the applicant regarding wetland issues.
After
a brief discussion, Mr. Fraro amended the motion to include the following
conditions: 1) Environmental
Consultant Mike Mocko is to provide quarterly reports to the Zoning
Commission; 2) the bond is to be
$50,000.00; 3) any blasting on site
will require a blasting permit; 4)
if the hours of operation are violated or if the zoning permit is violated, then
the Zoning Enforcement Officer will take appropriate enforcement action. This permit will be valid from July 1,
2007 through June 30, 2008. This
amended motion was seconded by Ray Hafford and unanimously
approved.
e.
Other
– There was no other Old Business.
VI. NEW
BUSINESS
a.
Other
– There was no New Business.
VII. DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
a.
Discussion: New Zoning
Regulations for Somersville Center
After
the Commissioner’s went through the proposed changes as drafted, a motion was
made by Ray Hafford, seconded by Dan Fraro and unanimously voted to accept the
draft of the new Zoning Regulations for Somersville Center and refer them to the
Town Attorney, the Planning Commission and CRCOG for
review.
VIII. STAFF/COMMISSIONER
REPORTS
Mrs.
Carson reported on items discussed at the last meeting. She noted that portable garages are
considered to be temporary structures under the building code. The Zoning Enforcement Officer intends
to discuss this with the new Building Inspector for potential permitting and
enforcement.
With
regard to free-standing outdoor, wood-burning furnaces, Mrs. Carson reported
that various towns have banned them and it was the consensus of the Commission
to ask the Zoning Enforcement Officer to look into this
further.
IX.
CORRESPONDENCE AND BILLS
Dan
Fraro has received a Certificate of Completion for the Zoning Classes he
took. No bills were
presented.
A
motion was made by Ray Hafford, seconded by Dan Fraro and unanimously voted to
adjourn the June 18, 2007 Zoning Commission meeting at 8:45
p.m.
Respectfully
submitted,
Wesley
Smith, Secretary
Robin Timmons, Recording Secretary
MINUTES ARE NOT OFFICIAL
UNTIL APPROVAL AT A SUBSEQUENT
MEETING.