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HomeMy WebLinkAboutINITIAL INQUIRY 8-2-11C:\Users\twilliams\AppData\Local\Temp\INITIAL INQUIRY 8-2-11_46559\INITIAL INQUIRY 8-2-11.doc TOWN OF MONTVILLE PLANNING & ZONING COMMISSION 310 NORWICH NEW LONDON TPKE UNCASVILLE, CT. 06382 PHONE (860) 848-8549 Fax (860) 848-2354 INITIAL INQUIRY DATE: August 2, 2011 TO: Getty Real Estate, LLC Attn: Larry Getty MAILING ADDRESS: 489 Route 85 Salem, CT 06420 Pursuant to the authority vested in me by the Zoning Regulations of the Town of Montville, Connecticut, you are hereby requested and instructed within 10 days of the date hereof, to address this inquiry. PROPERTY OWNER: Getty Real Estate, LLC PROPERTY ADDRESS: 89 Cherry Lane, Montville, CT ZONING DISTRICT: WRP-160 FURTHER IDENTIFIED AS TAX ASSESSOR’S MAP 60 LOT 22-a RECORDED IN THE MONTVILLE LAND RECORDS VOL. 389, PG. 494, which is owned by you; which may be in violation of the said Zoning Regulations of the Town of Montville, Connecticut. A complaint and an investigation of the subject premises by this office disclosed that the following conditions are apparent: Excavation of Earth Materials without a Special Permit These conditions violate section(s): 5. WRP 160 Zoning District; 17. Special Permit; 17.8 Excavation of Earth Materials Your immediate attention to this matter is hereby advised and recommended. _____________________________________________ Assistant Planner/Zoning Enforcement Officer TES/jal enclosure Certified Mail #7001 1940 0000 3837 7734 Cc: Planning & Zoning Commission Mayor Jaskiewicz NOTE: A further inspection will be made of the subject premises after 10 days and, if compliance is not established, a CEASE AND DESIST ORDER will be issued. You may consult the Zoning Enforcement Officer, if there is any question to the manner and time of establishing compliance. C:\Users\twilliams\AppData\Local\Temp\INITIAL INQUIRY 8-2-11_46559\INITIAL INQUIRY 8-2-11.doc SECTION 5. WATER RESOURCE PROTECTION ZONE - WRP 160 DISTRICT 5.1 PURPOSE The Commission recognizes the direct correlation between the overall level of development that exists in a drainage basin or aquifer recharge area and water quality. The water resources protection zone is designed to protect public water supply watersheds and groundwater sources which are capable of yielding a long term water supply. The clearing of natural ground cover and the filling of wetlands should be kept to an absolute minimum in this district. Public sewers should be extended to correct existing pollution problems only, not for the purposes of accommodating new development at increased density. The intent of the district is to limit land use to low density uses. 5.2 PERMITTED USES The following uses shall be permitted within the district: 5.2.1 Single-family dwelling 5.2.2 Farm 5.2.3 Parks and playgrounds 5.2.4 Public utility substation or equipment facility, utility R. O. W. 5.2.5 DELETED 10/11/97 5.2.6 Seasonal roadside stands for farm produce 5.2.7 Nursery schools and day care facilities up to six (6) children 5.2.8 Accessory buildings and uses 5.2.9 Home occupations 5.2.10 Municipal or water company owned reservoir maintenance 5.3 SPECIAL PERMITS The following uses may be permitted if approved by the Commission in accordance with the provisions of Section 17 of these Regulations. 5.3.1 Governmental offices, libraries, schools, police and fire protection facilities 5.3.2 Kennels 5.3.3 Wineries 5.3.4 Recreational camps and other large scale uses such as riding academies, stables, sportsmen's clubs and reserved open space. 5.3.5 Temporary gatherings such as fairs or outings 5.3.6 Churches and other places of worship C:\Users\twilliams\AppData\Local\Temp\INITIAL INQUIRY 8-2-11_46559\INITIAL INQUIRY 8-2-11.doc 5.3.7 Ambulance facilities 5.3.8 Community centers 5.3.9 Nursery school and day care facility serving more than six (6) children 5.3.10 Excavation of earth materials (solid waste landfills are prohibited) 5.3.11 Transmission tower 5.3.12 Cluster development 5.3.13 Golf Course 5.4 MINIMUM LOT SIZE The minimum lot size in this district is 160,000 square feet 5.5 MINIMUM LOT FRONTAGE Each lot in this district shall have at least 200 feet of frontage on a street. 5.6 MINIMUM SETBACKS 5.6.1 FRONT YARD 75 feet 5.6.2 SIDE YARD 30 feet 5.6.3 REAR YARD 75 feet 5.6.4 No farm building or manure pile may be located within 150 feet of any property line. 5.7 MAXIMUM BUILDING HEIGHT No building shall exceed thirty-five (35') feet in height. 5.8 ENVIRONMENTAL PROTECTION 5.8.1 The following uses and/or activities are prohibited within this district: a. Underground storage tanks b. Salt storage c. Hazardous waste storage d. Septage lagoons e. The use of pesticides within 1000 feet of the highwater mark of a public water supply reservoir f. Sewage disposal systems within 100 feet of the high water mark of a public water supply reservoir or within 75 feet of a watercourse flowing into a reservoir g. Cemeteries h. Sanitary landfills i. The location of any building within 75 feet of any regulated wetland, body of water, or watercourse 5.8.2 The Commission may require special drainage facilities to insure groundwater recharge and/or non-point source pollution containment for stormwater runoff or hazardous materials spills. Land clearing activity for new construction shall be kept to the minimum necessary for building and road development. The Commission may require C:\Users\twilliams\AppData\Local\Temp\INITIAL INQUIRY 8-2-11_46559\INITIAL INQUIRY 8-2-11.doc the submission of an environmental impact study for any special permit or subdivision activity in this district. 5.9 OFF-STREET PARKING Off-street parking shall be provided for each lot in this district in accordance with the provisions of Section 19 of these Regulations. 5.10 SIGNS All signs in this district shall conform with the provisions of Section 20 of these Regulations. SPECIAL PERMIT USES 17.8 EXCAVATION OF EARTH MATERIALS The purpose of this special permit section is to provide for reasonable opportunities for excavation of earth materials; minimize safety hazards which can be created by open excavations; protect groundwater, and maintain the aesthetic features of the Town. Large deposits of sand and gravel can be valuable sources of construction materials. However, due to their permeability, once contaminants are spilled or dumped, they can quickly spread. These regulations require the use of Best Management Practices for storm water treatment, land restoration, and to ensure that fuels and lubricants used by earth moving or processing equipment are handled properly. These Regulations do not apply to site grading associated with an approved site plan for a commercial or industrial project. Excavation and processing of earth materials for commercial use and sale may be allowed by special permit in the Industrial and Light Industrial Zones. The excavation and processing of earth materials in all other Zones are subject to the applicable sections of this regulation. An applicant proposing to establish this use in an Industrial or Light Industrial Zone shall comply with the provisions of these Regulations including the following additional requirements. 17.8.1 Excavation Plan. The Applicant shall submit an excavation plan prepared by a Connecticut licensed Professional Engineer which shall address specific actions to be taken on the site relative to fuel and chemical handling and storage, dust control, traffic, noise control, comprehensive site safety, erosion and sediment control and stormwater management . The plan shall contain a sequence narrative and the following items 1. Name and address of the owner, the excavator (if different) and all abutters 2. The plan shall address all applicable requirements of Section 18.3 of these regulations 3. Existing and proposed internal access roads, including width and surface materials 4. The elevation of the highest annual average ground water table within or next to the proposed excavation 5. Test pits that extend to the seasonal high water table, ledge, or a minimum of six feet below the maximum proposed excavation depth, including location, C:\Users\twilliams\AppData\Local\Temp\INITIAL INQUIRY 8-2-11_46559\INITIAL INQUIRY 8-2-11.doc soils data and boring logs. Test pits shall be located within the proposed excavation area. A minimum of three permanent benchmark monuments shall be set outside the limits of excavation prior to the start of excavation. 6. Proposed fencing, including height and materials 7. Plans for equipment maintenance 8. A listing of all required municipal, State, Federal permits 9. A listing of all equipment which will be used on the site 10. The area in acres to be disturbed, quantity to be removed in cubic yards, depth and slope of the excavation 11. The Commission or the Planning Director may require a traffic impact study 12. The plan shall contain a property boundary survey and a vertical control survey with T-2/T-3 contour accuracy ( See Appendix “D”) Reclamation Plan 1. The Applicant shall submit a Reclamation Plan prepared by a Connecticut licensed Professional Engineer which shall address the effects of the proposed excavation on soil, surface and groundwater, vegetation, overburden, topography, fill material, and should address future land use consistent with the Zoning District and the Plan of Conservation and Development 2. Final topography of the area proposed for reclamation, at contour intervals of two feet or less, which shall comply with T-2/T-3 contour accuracy standards ( See Appendix “D”) 3. Final surface drainage patterns, including the location and physical characteristics of all artificial and or modified drainage facilities 4. Schedule of final reclamation activities including grading, seeding, cover vegetation ,maintenance and disposition of buildings and equipment Quarry Operations 1. The Applicant shall submit a Quarry Plan prepared by a Connecticut licensed Professional Engineer which shall address the overall stability of the excavation based on the rock strengths, the jointing and discontinuities with in the rock mass, failure modes, the external influences including hydrogeology, and internal stressors such as old mining, landslip, use of explosives, proximity of housing and infrastructure and equipment to be used. 2. Bench elevations shall be selected to minimize the production of large rocks at the highest face elevations 3. Details of excavation method C:\Users\twilliams\AppData\Local\Temp\INITIAL INQUIRY 8-2-11_46559\INITIAL INQUIRY 8-2-11.doc 4. The competencies, duties and authority of those involved in the design of the quarry and how they fit into the management structure 5. Details of what must be done before the quarry ceases operations or is abandoned to ensure that it is left, in so far as is reasonably, in a safe condition. 17.8.2 No excavation shall be permitted within fifty feet (50') of a street or be located within fifty feet (50') of an interior property line unless the finished grade conforms to the street grade or will be the same as the grade of the adjoining property along the property line. No excavation shall be located within 100 feet of a residence on an adjoining property. The maximum area allowed by permit shall be ten acres, exclusive of areas occupied by buildings and sorting areas. The maximum area allowed by permit for a working excavation area shall be five acres. Each five acres shall be reclaimed in accordance with the approved reclamation plan before excavation of the next five acre unit may begin. 17.8.3 No equipment used for the processing of excavated material such as a crusher or grader, shall be located closer than 500 feet to any structure used for residential purposes. The crushing of earth products for commercial sale from the property shall be permitted only in Industrial and Light Industrial Zones. Requirements for screening and crushing in residential and commercial zones A. Screening may be accomplished at a valid excavation site, such as the construction of a new road in a Residential and/or Commercial District when the following conditions are met: 1. The processing (screening equipment) shall be portable and self contained. 2. Only material excavated at the permitted site may be screened on site. 3. The processing (screening) activity shall take place only between 8 A. M. and 4 P. M. No processing shall be permitted on weekends or holidays. B. The use of a portable self contained crusher may be allowed by special permit at a valid excavation site, such as the construction of a new road, for a maximum of four weeks per site each calendar year: 1. The lot size shall be a minimum of 10 acres. 2. No crushing shall be permitted from June 15 to September 15. 3. There shall be no washing of materials on site. 4. The proposal shall be found to comply with Section 17.3. 5. The processing (crushing activity) shall take place only between 8:00 A.M. and 4:00 P.M. No activity shall be permitted on weekends or legal holidays. C:\Users\twilliams\AppData\Local\Temp\INITIAL INQUIRY 8-2-11_46559\INITIAL INQUIRY 8-2-11.doc 6. Only material excavated and unearthed at a site in accordance with a valid excavation permit shall be permitted to be processed (crushed) on said site. 17.8.4 For sites located within an Industrial of Light Industrial Zone excavations and processing shall only be conducted between the hours of 7:00 A. M. and 6:00 P. M. No excavations or processing shall take place on Sundays or on the following Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Hour and Day restrictions do not apply in the case of Municipal, State or Federal Emergencies. 17.8.5 Where an excavation will have a depth of ten or more feet and or slopes of one to one or greater, there shall be a suitable fence at least six feet (6') in height with suitable gates and such fence shall be located fifty feet (50') or more from the active edge of the excavation. 17.8.6 Excavated Topsoil and subsoil shall be stockpiled on the site. These soils may not be sold or exported from the site until a Connecticut licensed Professional Engineer has certified that the reclamation of the site is complete in accordance with the approved Reclamation Plan. 17.8.7 Before a special permit for an excavation is issued, the applicant shall post a bond, letter of credit, cash bond or passbook account in accordance with Section 18.5.10 of these Regulations in an amount approved by the Commission as sufficient to guarantee conformity with the applicable provisions of these Regulations. 17.8.8 Any access road within the area of operations shall have a dustless surface which is maintained at all times. Provisions shall also be made to prevent dust from blowing onto neighboring properties from excavation operations. 17.8.9 Locations for access roads, stockpiles and equipment storage shall be selected so as to minimize effects of surrounding properties. 17.8.10 The Commission may require a landscaped buffer strip along neighboring property lines. Such a strip shall consist of an inter-planting of evergreen and deciduous trees, shrubs, and/or opaque fencing suitable, in the judgment of the Commission, to provide in a reasonable time a visual barrier. 17.8.11 A Soil Erosion and Sediment Control Plan meeting the requirements of Section 16.3 of these Regulations shall be prepared and approved. 17.8.12 Special permits for excavations shall not be issued for periods exceeding 0ne (1) year for a new excavation and may be renewed by the Commission for a period of five (5) years if it can be shown that the operation has been conducted in compliance with the provisions of the Regulations.