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NOTICE OF ACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, JULY 22, 2004 - 7:30 P.M.
ENFIELD TWON HALL - COUNCIL CHAMBERS
820 ENFIELD STREET - ENFIELD, CT
AGENDA
THE MEETING WILL ADJOURN AT 11:00 P.M.
REGULAR MEETING 7:30 P.M.
1. Call to Order and Pledge of Allegiance - Chairman Anthony DiPace called the meeting to order at 7:30 p.m.
2. Roll Call - Chairman Anthony DiPace and Commissioners Charles Duren, Robert Egan, James Hickey, Jr., Karen Krebs, Karen Weseliza, Samuel McGill, Alternate, and Kathleen Sarno, Alternate, were present. Samuel McGill was designated as the Voting Alternate for tonight's meeting.
3. Approval of Minutes - July 8, 2004 - Commissioner Krebs made a motion, seconded by Commissioner Weseliza, to approve the Minutes of July 8, 2004. The Minutes were approved by a unanimous vote.
4. Correspondence
5. Commissioners' Correspondence
6. PUBLIC HEARINGS -
Continued from June 17, 2004 Meeting
a. PH#2433 - Application for Special Use Permit to operate a private heliport pad at 132 Moody Road, zoned Industrial-1, Map 93, Lot 18, Alexander K. and Maurine D. Chickosky, Owner/Applicant. (Must close by tonight.) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2433 - Application for Special Use Permit to operate a private heliport pad at 132 Moody Road, zoned Industrial-1, Map 93, Alexander K. and Maurine D. Chickosky, Owner/Applicants, subject to conformance with the specified plans and the following conditions:
Referenced Plans:
"Boundary Survey Private Heliport Plan Prepared for Alexander K. & Maurine D. Chickosky, 132 Moody Road, Enfield, Connecticut." Sheet 1 of 3, Scale: 1" = 100', by J. R. Russo & Associates, dated 3-34-04 and revised to 6-30-04.
"Site Plan Private Heliport Plan Prepared for Alexander K. & Maurine D. Chickosky, 132 Moody Road, Enfield, Connecticut." Sheet 2 of 3, Scale: 1" = 40', by J. R. Russo & Associates, dated 3-4-04 and revised to 6-30-04.
"Primary Approach/Take-Off Path Profile, Plan View and Location Map, Private Heliport Plan Prepared for Alexander K. & Maurine D. Chickosky, 132 Moody Road, Enfield, Connecticut." Sheet 3 of 3, Scale: "As Noted, by J. R. Russo & Associates, dated 3-4-04 and revised to 6-30-04.
Conditions to be met prior to signing of mylars and certificate:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
3. A detail for the proposed catch basin hood shall be added to the plans.
Conditions to be met prior to the issuance of permits:
4. One set of mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission.
5. This approval will become effective upon the filing of a Special use Zoning Certificate signed by the Commission Secretary on the Land Records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
6. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
7. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
General Conditions:
8. The hours for operation shall be limited to 6:00 a.m. to 4:00 p.m., Monday through Saturday. No helicopter takeoffs or landings shall occur outside these times.
9. A plaque with emergency shutoff procedures specific to the helicopter being used shall be located near the helicopter pad in a location approved by the Fire Marshal.
10. The helipad shall be for agricultural use only.
11. Take-off and landing paths shall be as specified in the application. No take-offs or landing approaches shall occur over the High School property to the west.
12. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
13. Construction of facilities approved herein shall commence by July 22, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
14. By acceptance of this permit and conditions, the applicant, land owners, and their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
15. This approval is limited to the use of a helicopter designated as Hiller UH-12E3.
The motion was denied by a 0 - 7 - 0 vote.
These are Commissioner Egan's comments which were identified as reasons for the denial of this application by the full Commission:
Commissioner Egan: Mr. Chairman, nobody I think is trying to put anybody out of business or regulate their operations. The residents and the residential developments in that area were there, some of them, were there when that was a turf farm. There was no aerial spraying. There was no heliport. Other residential areas came in there when it was a tobacco farm. There wasn't any aerial spraying. Those folks moved in without a heliport. I also think that Mr. Chickosky has demonstrated he doesn't need to spray. They can land apply. He has done that down on North Maple Street. He is one of the few in the state that has this permit so there are alternatives. Nobody is trying to put anybody out of business and, in fact, I think we want to encourage the rural nature of farm space in the Town of Enfield. But getting to the application, the special permit criteria in 9.20.2 has specific criteria which we need to evaluate to come to our decision. I did that based upon the testimony and the facts presented during the hearing.
To me, the applicant has not demonstrated that the impacts of the proposed use will comply with the provisions of the special permit criteria as outlined in 9.20.2. Specifically, the areas that I evaluated in coming to that conclusion are that the location is of great concern, that it does impact public safety which is one of the criteria, and that it's only 524' from Park Street and 170' from Moody Road. Also, I think the fact that the residential house is 290' compared to other applications where the house was 2,000' away - that is pretty close and that does have an impact and there are are other houses on that street and not only that one. They are in close proximity to the propose takeoff and landing zones. There are other residential dwellings within close proximity. There is an insignificant buffer. It is not out in the middle of a field or a lot. It's right there close to the road and close to the dwelling units on that road. There are also two antenna towers and a heating oil storage tank that are in their flight path. There is a high school to the west and heavy residential neighborhoods to the south. Should the dominant winds, and those govern the direction in which they land - should those dominant winds change and the helicopter need to adjust its flight patterns, this could create a public safety issues. There is no air space over public lands, rivers, or highways that would allow the pilot to avoid objects or noise sensitive areas and protect the public.
The second item is there is substantial developable land in the area of the proposed use. Allowing this use will not be in harmony with and conform to the appropriate orderly general development of the town. This places limitations on development. That's a factor, a criteria, that we need to evaluate.
Three, the inconsistencies of the data and the lack of certification of data as far as noise levels and the effective noise level units. The information provided was inconsistent, some was low and some was high. The information concerning the particular helicopter was not certified. There was some lack of information.
The fourth item is the petition and testimony of the residents in the immediate neighborhood in particular. That is a factor in our criteria of evaluating to deny or approve a special permit and I think it should carry some weight in our decision. Some of these residents who spoke and signed the petition lived in the area during the period this very same helicopter - and Mr. Weber confirmed in his testimony that it was the same helicopter that was used three years ago - took off and landed. In fact, Mr. Weber stated they had no complaints during that period. There were many complaints at that time. The neighborhood organized and the town had to take them to court to stop the takeoffs and landings. So, these people are credible and they are speaking from real experience about the proposed use and not some hypothetical situation. The special permit requires that we take into consideration the residents of the immediate neighborhood in particular.
On that basis, I will vote to deny the special permit.
Another reason was the failure to meet the special permit criteria in Section 9.20.2)
Continued from July 8, 2004 Meeting
b. PH#2459 - Application for a Special use Permit to change one non-conforming use to another (restaurant/catering to hair salon and office) at 651 Enfield Street, zoned R-33, Map 32, Lot 25, Nancy and Thomas Brocuglio, Sr., Applicant/Flying Wings Realty, LLC, Owner. (Must close by tonight.) - This public hearing was closed.
Commissioner Hickey made a motion, seconded by Commissioner Krebs, to approve PH#2459 - Application for a special use permit to change from one nonconforming use to another (restaurant/catering to Hair Salon and Office), at 651 Enfield Street, zoned R-33, Map 32, Lot 25, Nancy and Thomas Brocuglio, SR., Applicant/Flying Wings Realty, LLC, Owner, subject to conformance with the record plans and the following conditions:
Conditions to be met prior to the issuance of permits:
1. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land Records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
Conditions which must be met prior to the issuance of a Certificate of Compliance:
2. Final inspection is required.
General Conditions:
3. This approval is for the specific use and structure identified in the application. Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.
4. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
5. Use of the facilities as approved must commence by July 22, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
6. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
7. The downstairs office shall be strictly for office use with no direct retail sales.
8. If the first floor Hair Salon vacates, the downstairs office use shall cease.
9. A letter from the Fire Marshal approving the use of the downstairs shall be submitted to the Director of Planning.
10. Any vehicle used by the businesses occupying the property shall be parked in the rear of the building.
The motion was approved by a 6 - 1 - 0 vote. Commissioner Duren voted nay and Alternate McGill participated in this vote.
READING OF THE LEGAL NOTICE
7. PUBLIC HEARINGS - NEW
a. PH#2457 - Special Use Permit to unmerge two lots of record to create one new building lot at 138 Windsor Street, zoned R-33, Map 30, Lot 19, Bob Alaimo, Applicant/Ron Chmura, Owner. (Must close by tonight - extension available). - The applicant requested an extension of this hearing to September 2, 2004.
b. PH#2460 - Resubdivision for a waiver of required sidewalks at the Old Post Estates Subdivision on the south side of Post Road, zoned R-44, Assessor's Map 54, Lot 74, David Fredrick d/b/a Old Post Road Acres LLC/Applicant. (Must close by tonight - extension available). - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2460, the request for a waiver of required sidewalks at the Old Post Estates Subdivision on the south side of Post Road, zoned R-44. The motion was denied by a 0 - 7 - 0 vote with Alternate McGill voting.
c. PH#2461 - Special Use Permit to install a new playscape at Green Manor Park on Taylor Road, zoned R-33, Map 110, Lot 7, Town of Enfield. - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve PH#2461 - Special Use Permit to install a new playscape at Green Manor Park, on Taylor Road, zoned R-33, Map 110, Lot 7, Town of Enfield, Applicant/Owner, subject to conformance with the record plans and the following conditions:
Conditions to be met prior to the issuance of permits:
1. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land records. Proof of such filing shall be in the file prior to the issuance of any permits.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
2. Final Inspection is required.
General Conditions:
3. This approval is for the specific use and structure identified in the application. Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.
4. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
5. Construction of the facilities as approved must commence by July 22, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
d. PH#2463 - Special Use Permit to install a community playscape and tot lot at Brainerd Park on Brainard Road, zoned R-33, Map 58, Lot 88, town of Enfield, Applicant/Owner. (Must close tonight - extension available.) - This public hearing was closed.
Commissioner Weseliza made a motion, seconded by Commissioner Hickey, to approve PH #2463 - Special Use Permit to install a Community playscape and tot lot at Brainerd Park, on Brainard Rd, zoned R-33, Map 58, Lot 88, Town of Enfield, Applicant/Owner, subject to conformance with the record plans and the following conditions:
Conditions to be met prior to the issuance of permits:
1. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land records. Proof of such filing shall be in the file prior to the issuance of any permits.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
2. Final Inspection is required.
General Conditions:
3. This approval is for the playscape and tot lot as specified in the application. Any other improvements indicated as part of the Master Plan are not approved at this time and will require further review and approvals. Any change in the nature of the use or the structures as approved will also require new approvals from the Enfield Planning and Zoning Commission.
4. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
5. Construction of the facilities as approved must commence by July 22, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
8. Old Business
9. New Business
a. SPR#1278 - Application for modification of previously approved plans for atrium, patio, fire lane at 100 Phoenix Avenue, Retail Brand Alliance, Applicant/Owner. - Commissioner Hickey made a motion, seconded by Commissioner Krebs, to approve SPR#1278 with the 17 conditions contained in the memo from Jose Giner to the Commission dated July 22, 2004. The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
b. SPR#1280 - Application for cell tower antennas and equipment shelter at 1111 Enfield Street, zoned HR-33, Nextel, Applicant, Connecticut Water, Owner. - Commissioner Weseliza made a motion, seconded by Commissioner Krebs, to approve SPR#1280 with the conditions that all previous conditions for this site shall remain in full force and effect and that the work will be completed in accordance with the plans submitted. The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
SPR#1281 - Application for installation of a concession stand at Powder Hollow Park Little League Field, Dusthouse Road, zoned R-88, Assessor's Map 83, Lot 139, Town of Enfield, Owner, Applicant. - Commissioner Hickey made a motion, seconded by Commissioner Duren, to approve SPR #1281 - Application for Installation of a Concession Stand at Powder Hollow Park Little League Field, Dusthouse Road, Zoned R-88, Assessor's Map 83, Lot 139, Town of Enfield, Owner/applicant., subject to conformance with the record plans and the following conditions:
Conditions to be met prior to the issuance of permits:
1. Any Permits required by the North Central Health District shall be obtained.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
2. Final Inspection is required.
General Conditions:
3. This approval is for the specific use and structure identified in the application. Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.
4. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
5. Construction of the facilities as approved must commence by July 22, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
d. PH#2393.04/SPR#1282 - Application for modification of plans previously approved for modification of grading of pavement in front of liquor pod to bring it flush with the edge of the sidewalk at 130-136 Elm Street (Costco). Zoned BR, Map 57, Lot 346, SEA Enfield Freshwater Plaza LLC, Applicant/Owner. - Commissioner Weseliza made a motion, seconded by Commissioner Sarno, to approve to approve PH #2393.04/SPR #1282 - application for modification of plans previously approved for modification of grading of pavement in front of liquor pod to bring it flush with the edge of sidewalk at 130-136 Elm St.(Costco), Zoned BR, Map 57, Lot 346, SEA Enfield freshwater Plaza LLC, Applicant/Owner, subject to conformance with the record plans and the following conditions:
Conditions to be Met Prior to Signing of Plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. Sheet C-2A should indicate the proposed area of disturbance to the existing pavement and sidewalk shown over the as-built topo in that area.
3. The Applicant's Engineer should address the effects, if any, of the additional impervious area to the site drainage and chart the proposed impervious area change on a Zoning Chart.
4. Revised Plans should be submitted for review by the Engineering Division.
5. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
Conditions to be met prior to the issuance of permits:
6. Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
7. Final Inspection is required.
General Conditions:
8. This approval is for the specific use and structure identified in the application. Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.
9. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
10. All previous conditions of approval for PH 2393 et seq. not specifically modified by this approval shall remain in full force and effect.
The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
10. Bond Releases
a, SPR#1183 - Request for release of Pizza Palace Engineering bond in the amount of $1,100 at 524 Enfield Street. - Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve release of SPR#1183, engineering bond in the amount of $l,100 for Pizza Palace, 524 Enfield Street. The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting
b. PH#2209 - Request for release of Lego Erosion and Sediment bond in the amount of $11,770 for the fulfillment center project on the corner of Moody and North Maple Street. - Commissioner Duren made a motion, seconded by Commissioner Weseliza, to release the bond for PH#2209, Lego, erosion and sediment bond, in the amount of $11,770 for the fulfillment center project on the corner of Moody and North Maple Street. The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
c. PH#2133 - Request for release of Tristate Diesel Engineering Bond in the amount of $903,500 and Erosion and Sediment in the amount of $7,800 at 1 Depot Hill Road. - Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the release of PH#2133, Tristate Diesel Engineering Bond in the amount of $903,500 and Erosion and Sediment in the amount of $7,800 at 1 Depot Hill Road. The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
d. SPR#1237 - Allessee Orthodontics, 6 Niblick Road. (This item was added to the agenda by the Commission by a unanimous vote.)
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the release of the bond for Allessee Orthodontics, 6 Niblick Road, with the condition that Mr. Jose Giner or his designated representative inspect the site to make sure the striping has been painted. The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting. (The amount of this bond will be supplied by Mr. Giner.)
11. Other Business
a. Applications to be accepted - The following applications were accepted by the Commission:
PH#2465 - Application for a Special Use Permit to fence in an area adjacent to the dumpster, to store pallets and rigging equipment at 20 Cottage Road (Old Shaker Pines Fire Station), zoned I-1, Map 80, Lot 193, Cottage Road Associates, Applicant. - A public hearing will be scheduled for the first meeting in September.
PH#2466 - Application for a Special Use Permit and modification of plans previously approved to construct a 42' x 22' wash bay addition, modify landscape islands, provide pedestrian access to adjacent Nissan dealership at 20 Palomba Drive, zoned BR, Map 57, Lot 335, Lia Auto Group, Applicant. - A public hearing will be scheduled for the first meeting in September.
SPR#1283 - Application for an addition to the existing building at 198 Freshwater Boulevard, zoned IP, Map 55, Lot 0003, John Morgan, AIA, Applicant.
SPR#1284 - Application for a site plan review and modification of plans previously approved (PH#2417) to include a vestibule (dog house walkout dormer) on the existing hatchway to gain full use of the basement as was approved at 171 Elm Street, zoned R-33, Map 57, Lot 201, Stephen Travali, Applicant.
12. Adjournment - Commissioner Weseliza made a motion, seconded by Commissioner Sarno, to adjourn. Following a unanimous vote, the Commission adjourned at 10:40 p.m.
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