ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
DECEMBER 6, 2007
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, December 6, 2007, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman DiPace called the meeting to order at 7:30 p.m.
PRESENT: Anthony DiPace, Chairman
Elizabeth Ballard
Charles Duren
James Hickey, Jr.
Karen Weseliza
Kathleen Sarno, Alternate
Nicles Lefakis, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Ballard made a motion, seconded by Commissioner Duren, to approve the Minutes of November 13, 2007. Commissioner Lefakis made a correction to those Minutes noting he arrived at 6:50 p.m. The Minutes, as amended, were approved by a 6 – 0 – 1 vote. Commissioner Hickey abstained.
Commissioner Hickey made a motion, seconded by Commissioner Ballard, to approve the Minutes of November 15, 2007. The Minutes were approved by a 5 – 0 – 2 vote. Commissioners Weseliza and Lefakis abstained.
STAFF COMMENTS
a. Town Attorney (in writing)
Chairman DiPace noted the Commission has one case pending, Somerset Development Corporation v. PZC (“Stonegate”), and it should be withdrawn shortly.
b. Zoning Enforcement Officer (in writing)
Chairman DiPace noted on Exit 48, sometimes heading south and sometimes heading north, there is a tractor trailer truck with the name of Swift on the side of it that is parked on the side of the highway. Mr. Giner will check on the jurisdiction of this.
c. Director of Planning
Mr. Giner stated he sent the pool and pet grooming regulations to CRCOG. The earliest these could be on the Commission’s agenda is December 20, 2007.
Mr. Giner drew up the needed revisions for the Aquifer Protection Regulations. What they do is they have brought all applications to the same time frames as Planning and Zoning and Wetlands applications to avoid confusion. That had to be sent to the Commissioner and that cannot get on the agenda until January 17, 2007. There is some changing of regulations. The Commissioner has to get it and the two water companies have to get it and the Town Clerk has to have at least thirty-five days. The time frames for putting it in the newspaper are different from Planning and Zoning. Planning and Zoning is no more than fifteen nor less than ten and the aquifer regulations state no more than twenty-five nor less than fifteen.
Commissioner Duren asked if one person has been assigned to keep track of the dates and times because it will be confusing. Mr. Giner stated once the applications come in, they are going to be the same times. The changing of the regulations is different. Mr. Giner stated they are only going to change the regulations if the DEP tells the town they have to do so.
Chairman DiPace asked if the time frames for the legal notices are governed by DEP or the state legislature. Mr. Giner stated they would be governed by the state legislature. Chairman DiPace suggested sending them a letter requesting that they be made consistent with Planning and Zoning to avoid errors. Mr. Giner stated with the amendments they thought they had covered this but they left one thing. They made all the application time frames the same. The aquifer protection rules still require some minor revisions. Commissioner Duren requested that copies be sent to the representatives.
Mr. Giner stated he had a request from Building and Grounds regarding the Pearl Street Library. To keep the cars off the road in the winter storms, they would like to install a gravel area where their current driveway is on Franklin Street. The current driveway is paved but it only fits one car. The consensus of the Commission was to allow Mr. Giner to handle this item administratively.
CORRESPONDENCE
Chairman DiPace noted receipt of a copy of a Wetlands Permit IW#501 for Powder Hill Sand and Gravel, LLC, a copy of a Wetlands Permit - #505 for Jeff Adams, a CRCOG summary of zoning, subdivision and POCD Referrals from November 15, 2007 through November 21, 2007, the Notice of Action of the Historic District Commission for October 24, 2007, and the Notice of Action for the Inland Wetlands & Watercourses dated November 13, 2007. Commissioner Duren noted the CRCOG referral notes a proposed amendment to the Special Design District to allow a rental car business in the existing Sears Auto Center near Westfarms.
COMMISSIONERS’ CORRESPONDENCE
Chairman DiPace reported receipt of information from the American Planning Association and the American Planning Association newsletter. Mr. Giner noted there is correspondence from the Town Attorney regarding 74-76 Park Avenue. There is also a summary of zoning, subdivision and POCD Referrals from CRCOG and a schedule for the State of Connecticut’s mandated state economic strategy plan. Regarding the last item, Mr. Giner stated they will be doing public hearings regionally and the one for Hartford is on Thursday, January 17, 2007 which is a meeting night. They have been posting the transcripts on their web page and Mr. Giner felt it might be interesting to note what other towns are saying. Mr. Giner sent a copy of this to Ray Warren and he hoped the Town could send someone to attend the regional meeting.
PUBLIC HEARINGS – CONTINUED FROM NOVEMBER 1
a. PH#2610.02 – Application for modification of plans previously approved for 5 units additional to three units additional/office and future use only on first floor at 127 Pearl Street, zoned TVC, Map 22, Lot 9, Richard Binns, Applicant/Masonic Building Association, Owners.
Richard Binns, 1174 Blossom Street, Suffield appeared before the Commission regarding this application. He stated the final issue that has been resolved is the parking situation. He has revised the numbers for the parking and there are twenty-seven available parking spots after the apartment dwellers have parked. Enfield Zoning Regulation 10.10.2 allows for four attendees per available parking space. Mr. Binns is basing everything on 108 attendees.
Mr. Binns stated there are thirty-one parking spaces in total and with the removal of four for the apartments, it leaves 27 spaces.
Commissioner Duren would like to add to the conditions and have item 7 changed so that the assembly is clearly limited to 108 and it is clearly posted on the premises and included in the rental agreement. Under condition 8, Commissioner Duren would like added that the limit is clearly noted on any rental agreements.
Commissioner Duren would like the conditions shown on the paper plans. Condition 1 was changed to add “with the conditions incorporated on the plans”.
Mr. Giner stated the application meets the technical requirements of the regulations without the need for on-street parking.
Commissioner Duren asked if Mr. Binns had worked out any cross easements with next door. Mr. Binns stated they did not want to do it.
Chairman DiPace opened this hearing to the audience. No one spoke in favor or against this application. Chairman DiPace closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Ballard, to approve PH#2610.02 – Application for modification of plans previously approved for 5 units additional to three units additional/office and future use only on first floor at 127 Pearl Street, zoned TVC, Map 22, Lot 9, Richard Binns, Applicant/Masonic Building Association, Owners, subject to conformance with the referenced plans and the following conditions:
Referenced Plans:
“Zoning Location Survey Prepared for Richard Binns, 127 Pearl Street, Enfield, Connecticut”, Scale 1”=20’, by Gary B. LeClair, LLC, dated 6-19-07.
“Floor Plan- First Floor, Proposed Apartment Building, 127 Pearl Street, Enfield, Conn.” Sheet A-1, Scale 1/8”=1’-0”, by Architectural Design, dated 3/22/07.
“Floor Plans, Proposed Apartment Building, 127 Pearl Street, Enfield, Conn.” Sheet A-X, Scale 1/8”=1’-0”, by Architectural Design, dated 6-11-07.
Conditions to be met prior to the issuance of permits:
1. Two sets of paper plans, with any required revisions incorporated on the sheets, with the conditions incorporated on the plans, shall be submitted to the Planning Department for signature of the Commission.
2. Sheet A-X shall be revised to show the First Floor Plan consistent with what is shown on Sheet A-1 or a separate Sheet showing only the upper floors shall be submitted for signature.
3. The plans submitted for signature shall have the signature of the person responsible for preparation of the plans on them.
4. Final Fire Marshall approval shall be obtained.
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.
General Conditions:
6. The total number of apartment units in the building is limited to four (4)).
7. Occupancy of the Public Assembly area is limited to no more than 108 people. This limit shall be clearly posted on the premises and included in all rental agreements.
8. Events held in the Public Assembly room shall be finished by 11pm and the lot cleared by 11.30 pm. This limit shall be clearly noted on all rental agreements.
9. All events held in the Public Assembly room shall meet the requirements of the Town’s Noise Ordinance.
10. The serving of food and beverages in the Public Assembly room are governed by regulations of the North Central District Health Department. All necessary permits shall be obtained prior to the use of this area for food service.
11. 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.
12. 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.
13. Any necessary permits for the construction or operation of the use as approved must be obtained within a year of the effective date of this approval or this approval shall be rendered null and void, unless an extension is granted by the Commission.
14. The project shall be completed by December 6, 2012 or this approval shall be considered null and void, unless an extension is granted by the Enfield Planning and Zoning Commission.
15. 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.
The motion was approved by a 7 – 0 – 0 vote with Alternates Lefakis and Sarno voting.
FINDINGS
After due consideration of the hearing record including the comments of the Enfield Revitalization Strategy Committee, the Commissions finds that:
1. The Application meets the specific requirements Section 4.30.7 for the conversion of buildings for residential purposes. (Section 9.20.2 Ai.)
2. The premises are readily accessible for fire and police protection. (Section 9.20.2 Aii.)
3. The proposed use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties. (Section 9.20.2 Aii.)
PUBLIC HEARINGS – CONTINUED FROM NOVEMBER 15
a. PH#2628 – Special Use Permit to operate an Avis Rent A Car at the Sears Auto Center at 104 Elm Street (Enfield Square) zoned BR, Map 57, Lot 325. (Must close by December 20.)
Ginger Marquis appeared before the Commission on behalf of Avis Rent A Car. There was a review of the parking stalls.
Chairman DiPace stated the Commission has received a memo from Jose Giner stating this application meets the requirements. Commissioner Duren stated the aerial map showed the site more clearly. He added the last parking proposal was on the street along the side which was not good. Commissioner Duren asked about employees. Ms. Marquis stated there are two employees who will park on the site.
Mr. Giner stated the way the mall works is you take 4.5 spaces per thousand of net leasable area. There is no separation of the uses and there is a lot of shared parking between the uses.
Chairman DiPace asked if the Sears Auto Center was an accessory use and would this be adding an accessory to an accessory. Mr. Giner stated motor vehicle repairs are allowed as a principal use in Business Regional. The Sears Auto Center is permitted as a principal use in BR. It is a stand alone principal use.
Chairman DiPace stated if Sears Auto Center leaves, Avis Rent A Car will also go too. Mr. Giner stated Avis would have to come back to the Commission if they wanted to expand their use.
Commissioner Weseliza asked where the cars would be detailed. Ms. Marquis stated they do have a bay in the garage. The cars will be hand washed and floor drains are proposed.
Commissioner Duren made a motion, seconded by Commissioner Lefakis, to approve PH #2628 –Special Use Permit to operate a Avis Rent A Car at the Sears Auto Center at 104 Elm St. (Enfield Square), Zoned BR, Map 57, Lot 325. This approval is subject to conformance with the submitted record and the following conditions:
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.
2. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this approval motion shall either be incorporated onto the final plans.
3. This approval is for the specific use and layout identified in the application. Any change in the nature of the use or the layout will require new approvals from the Enfield Planning and Zoning Commission.
4. The commencement of the use as approved must be occur within a year of the effective date of this approval or this approval shall be rendered null and void, unless an extension is granted by the Commission.
5. No more than ten (10) rental vehicles may be located on the property at any given time.
6. No sign package has been specifically approved with this application. Permits for signage that conforms to the Enfield Zoning Regulations must be obtained separately from the Planning Office.
7. 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.
8. 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.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to waive the site plan requirements of Section 9.10.2 because the information is not necessary in order to decide on the application’s conformance with these Regulations.
The motion was approved by a 7 – 0 – 0 vote with Alternates Sarno and Lefakis voting.
The main motion was approved by a 7 – 0 – 0 vote with Alternates Sarno and Lefakis voting.
PUBLIC HEARINGS - NEW
a. PH#2631 – Special Use Permit to add an outdoor hockey rink to an existing business, on an existing cement pad. The rink consists of boards, netting, a sports surface, lights and benches at 101 North Street, zoned I-1, Map 93, Lot 0021, Enfield Dek and Roller Hockey Rink Applicant/Jim McKinney, Owner. (Must close by December 20.)
Robert Baillargeon appeared before the Commission regarding this application. He was before the Commission for an informal discussion a few months ago and since then they have gone forward with the project. They had an administrative review meeting and they have complied with the requests of that meeting. Mr. Baillargeon stated they submitted a new set of plans after the administrative review meeting to change a couple of things. They changed some of the parking. The Commission had the appropriate plans.
Commissioner Duren asked if the question about the building, the wind and the fence was resolved. Mr. Baillargeon stated the Building Department was questioning if they put up glass, would the wind affect it. He told them they would go into fencing so the wind will go through the fencing. It will be a four-foot high chain link fence. Their concern was if the wood was over six feet, it becomes a building but it is only four feet. The Building Department said it would not be a problem.
Commissioner Hickey asked about the hours of operation. Mr. Baillargeon stated they are not putting up lights. The theory is to put the rink outside and let the kids come and play pickup games without admission. The earliest time they would start on Saturday and Sundays is 8:00 a.m. Chairman DiPace recommended the hours of operation be 8:00 a.m. to sunset.
Commissioner Weseliza stated her son plays here and loves it. Commissioner Ballard felt it is a great use.
Mr. Baillargeon stated this is a controlled environment with supervision and no admission. They charge $5 for two hours on the inside.
Commissioner Duren asked if they will be publicizing this so that the kids hear about it. Mr. Baillargeon stated they have been advertising in the Journal Inquirer every day. Their youth league is run by the parents. It’s a non-profit group. They are not out to make money. The rink is mostly run by volunteers.
Mr. Giner stated after the packet went out, he did get a fax from the North Central Health District. Their concerns are there would be no portable bathrooms and the bathrooms have to be available for both inside and outdoor players. There was another condition about the grassed area that is the site of the septic tank. Conditions 14 and 16 cover these concerns. Condition 15 was requested by the Health Department and it states there shall be no sale of food other than the sale of prepackaged food and drink from vending machines.
Commissioner Duren stated the plans require that the conditions be on them. Mr. Giner stated that is covered under Condition 5.
Chairman DiPace opened this hearing to the audience.
Rich Carvella, 93 Town Farm Road, stated he has a couple of concerns. They include the safety of the children on that road. He asked how far it would be from the road. He asked if the septic is capable of handling both events. He understood they had some problems with it. He asked if there will be lights and the Commission informed him there will be no lights proposed. Mr. Carvella asked if there would be additional parking on that side and if there are handicapped access ramps to get to there. Chairman DiPace stated no additional parking is proposed. Mr. Carvella asked if there would be a ramp for the handicapped. He also checked with the town and no permit had been obtained but there is a new cement pad poured over there without any permits.
Mr. Giner stated the cement pad was existing. There were greenhouses there and they are using the pad from the existing greenhouses. Mr. Carvella stated there is a brand new cement pad that has been extended out without a permit. He is concerned with how close this use is to the road.
Chairman DiPace asked if the applicant would like to respond to Mr. Carvella’s concerns.
Mr. Baillargeon stated there is a minimum of forty feet for the setbacks and this is no different than any soccer field in town. Any recreational use has to be within the legal setback per the zoning requirements.
Mr. Giner stated in terms of the ADA requirements, the zoning regulations do not cover that. It is up to the building code and they are the ones that require the handicapped ramp. There are no standards in the regulations and it is the purview of the Building Department.
Mr. Baillargeon stated the handicapped ramp is already there in the existing building.
Regarding the concrete pad, Mr. Baillargeon stated there was an asphalt pad there that was pretty warped. They did tear that up and pour a cement pad. Mr. Carvella did the work for them. He came over and his bill was paid. There was some asphalt that was there and it was during the tear-down of the greenhouses. There was some additional cement that was there that they must have removed when they removed the greenhouses. He is trying to say there was additional cement that was poured. That was ripped out when they tore down the greenhouses so it was still existing. They took the rest of the asphalt and had Mr. Carvella rip it out. Mr. Baillargeon was unaware that they needed a permit but he is the contractor that was hired. He will have to check with the Building Department to see if he was required to pull a permit for that work.
Mr. Baillargeon stated as far as the overflow of bathrooms, they are not running this rink simultaneous with the other rink. When they are open, they will have someone there. As far as the bathroom concerns, this rink was set up in 1992. In 1998 there were seventy teams there at ten guys per team. This meant 700 people walking through their doors per week. There was never once a problem with the bathroom facilities or the parking. Today when he bought the place because the other owner was going out of business, he bought the place with thirty teams. They have shrunk the teams to nine per team which would average 300 people per week. They would have to have four hundred more customers before they even get near the levels they were at in 1998 to have any concerns whatsoever with the plumbing or the parking. They are not putting in any more parking because it is not required right now.
Mr. Baillargeon stated this is his full-time job and he is there for the kids. He coaches three hockey teams and the town benefits when there is a place for the kids to hang out. They are not using lights. Events are not going at both times. Regarding the safety from the road, Mr. Baillargeon doesn’t know why they should be singled out for that.
Chairman DiPace noted the six-foot arborvitae located in the front. Mr. Baillargeon thought they would dress the place up. It is not exactly the nicest looking building in town but they are getting there. They plan to paint the building to improve its appearance.
Commissioner Duren asked if there should be a change to condition 2. He recommended it state that any new light locations shall require new approval.
Chairman DiPace closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Ballard, to approve PH #2631 – Special use permit to add an outdoor hockey rink to an existing business, on an existing cement pad. The rink consists of boards, netting, a sports surface, lights and benches at 101 North Street, zoned I-1, Map 93, Lot 0021, Enfield Dek and Roller Hockey Rink Applicant/ Jim McKinney, Owner, subject to conformance with the submitted record, the referenced plans and the following conditions:
“Site Plan, Enfield Dek/Roller Hockey Park, 101 North Street, Enfield, CT 06083.”, Sheet S-01, Scale: 1”=20’, by AECON, Inc., dated 9/27/07, revised to 11/5/07.
Conditions to be Met Prior to Signing of Plans:
1. The plans shall be revised to remove any references to new paving, (See Notes # 6 and 7 of the plan).
2. Any new light locations shall require new approval.
3. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
4. The Application number “PH 2631” shall be prominently displayed on each sheet submitted for signature, preferable above or near the Title block.
5. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the approval with conditions shall be incorporated in the final plans.
6. One mylar and three sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.
7. 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
8. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
9. If required, an Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
10. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. 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.
11. No Certificate of Occupancy or other final approval may be issued until the applicant has received a Certificate of Site Plan Compliance from the Planning Department. When minor site work cannot be completed because of weather or other pertinent reason, a conditional Certificate of Site Plan Compliance may be issued for a period not to exceed 180 days, providing satisfactory surety shall be posted with the Town of Enfield in an amount sufficient to complete the site work and with surety acceptable to the Town Attorney and Finance Department.
12. A request for Certificate of Site Plan Compliance from the Planning Department must be made at least 10 days before a Certificate of Occupancy or other final approval is requested from the Building Official.
13. This approval is for the specific use and improvements identified in the application. Any change in the nature of the use or the improvements will require new approvals from the Enfield Planning and Zoning Commission.
14. There is no additional parking or paved areas approved with these plans. Any proposed paving or expansion of the parking areas will be subject to additional reviews and approvals.
15. There shall be no sale of food other than the sale of prepackaged food and drink from vending machines.
16. When the outdoor rink is open, in use, the indoor public restrooms must be available for the public. Portable toilets are not permitted.
17. The approved hours of operation are: 8:00 a.m. to sunset.
18. 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.
19. Construction of facilities as approved must be commence within one year of the effective date of this approval or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 9.20.3 of the Enfield Zoning Regulations.
20. All work associated with this approval shall be completed by December 6, 2012.
21. The facility shall be operated at all times in conformance with Town of Enfield Noise regulations.
22. 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.
Chairman DiPace thought this was a wonderful proposal to keep kids off the streets, give them something to do and keep them out of trouble. The town is fortunate to have someone willing to do this and it is a win-win situation for the town.
NEW BUSINESS
a. SPR#1430 – Application for men’s barbershop, grooming and cutting, men’s and women’s hair at 27 North Main Street, zoned TV, Map 27, Lot 116, Marc Wilson, Applicant/ Panella’s Plumbing and Heating, Inc. Owner. (Decision by December 20)
Marc Wilson appeared before the Commission regarding this application. He is proposing a barbershop with four chairs. The parking would be in the rear. There are four parking spaces in the rear.
Commissioner Duren asked if approval from the Health Department is necessary. Mr. Giner stated if it was, this would be handled at the Building permit level. Chairman DiPace stated the only time the Health Department becomes involved is if they are serving coffee or food. Mr. Wilson stated there are no plans to serve coffee or food.
Mr. Giner stated the Enfield Revitalization and Strategy Committee did recommend favorably. The only condition is that the new sign be approved by staff and that it is in place prior to occupancy.
Mr. Giner stated there is plenty of parking available within 500’. The requirement from ERSC is included in the proposed conditions.
Commissioner Weseliza made a motion, seconded by Commissioner Hickey, to approve SPR #1430 – Application for men’s barbershop, grooming & cutting, men’s and women’s hair at 27 North Main Street, Zoned TV, Map 27, Lot 116, Marc Wilson, Applicant/Panella’s Plumbing & Heating Inc., Owner. This application is subject to conformance with the submitted record and the following conditions:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
2. This approval is for the specific use and improvements identified in the application. Any change in the nature of the use or the improvements will require new approvals from the Enfield Planning and Zoning Commission.
3. This project shall be constructed and maintained in accordance with the submitted plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
4. The new signage shall be approved by staff and in place prior to occupancy.
5. Any changes to the exterior require additional review by the Enfield Planning and Zoning Commission and the Revitalization Committee.
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.
b. SPR#1431 – Application for 8,732 s.f. garage and 4,284 s.f. office building with associated parking, loading and drainage facilities at 38 Post Office Road, zoned I-1, Map 47, Lot 31, Spazzarini Construction Company, Applicant/Owner. (Decision by January 17)
Dana Steele with J. R. Russo and Mark and Ed Spazzarini appeared before the Commission regarding this application. Mr. Steele stated the application is for a new office building for the Spazzarini Construction Company business. Their offices are presently located at 50 Post Office Road in an old farmhouse. They would like to construct a new modern office facility with a garage area for their equipment and a construction area for their business.
Mr. Steele presented the site plan and discussed it in detail. The cover sheet of the plans states the site is a five and a half acre parcel located on the south side of Post Office Road. It is bordered to the west by I-91 and it is just to the east of the intersection with Post Road. The applicant would like to construct a building with office space in the front and garage area in the rear with overhead doors in the back for the trucks. There will also be a wash bay for cleaning of the vehicles and floor drains are proposed along with an oil water separator. The site includes a parking area in the front and on the sides of the building with a curb cut on the west side of the site for the parking lot area and a larger curb cut for the trucks on the eastern portion of the site. This is in the I-1 zone and the address of the parcel is 38 Post Office Road.
Mr. Steele stated sheet 2 of the plans shows a boundary survey and the existing conditions on the site. The existing site driveway is on the western end of the property and very close to the intersection with Post Road. They will be moving the truck access further away from the intersection and cleaning up that area. Secondly, the house to the east occupied by the Spazzarini parents is going to remain. It currently has a circular driveway with two curb cuts and one of those curb cuts is proposed to be eliminated. They are going to maintain the access through to be able to connect up to the driveway.
Mr. Steele stated the site is bordered to the west by I-91. The town has a drainage system which goes through the house property and discharges in the southeast corner of the site. This is where all the drainage from the site currently goes and they will be tying into that. The site is their current construction field office and yard. There are a couple of small outbuildings that are going to remain. There is an existing fueling area in the rear that will remain.
Mr. Steele stated the coverage conditions for the site are a gravel surface in the rear and the front portion has material stockpiles. Page three of the plan set shows the demolition plan and shows what is proposed to be removed from the site. The house curb cut is going to be removed and the area will continue to be paved through but the pavement is going to be replaced. There are trees in the front of the site that will be removed for the road to come in and for the parking area. There are some nice street trees that are planted along the road and they will remain. There is one in the way of the driveway that will be transplanted. Mr. Steele pointed out an existing gravel area that is proposed to be removed, loamed and seeded in order to comply with the impervious coverage requirements of the I-1 zone.
Mr. Steele stated sheet four of the plan set is the layout plan. He pointed out that the site does include a parking area in the front around the office portion and the back portion of the site is going to be gravel. The entrance is a 30’ entrance and they designed this road particularly for the possibility in the future of subdividing this area for an industrial subdivision. They are unsure if that will occur but the area has been designed like it is going to be an industrial town road. They are not asking for any approval of anything further at this time but they wanted to let the Commission know their thoughts for the future.
Mr. Steele stated they did receive some comments today from the Fire Marshal and he had some concerns about the location and access to the parking area. In meeting with him, they came up with a revision to the plan today. They faxed over the revisions to him which include widening the entrance from 24’ to 30’ and then to move an area down ten feet and widen it to thirty feet. Mr. Steele stated they would be willing to consider this as a condition of approval for these revisions that the Fire Marshal has approved – the widening of the curb cut and moving the access point down to provide better circulation through the site for fire equipment. This would be subject to staff review and approval.
Mr. Giner stated the comments were received after 4:30 p.m. but they can be added as an additional condition.
Mr. Steele stated truck traffic is now going to be coming out further away from the intersection. There is a curb cut that is further away than the previous one was and it provides for better circulation.
Commissioner Weseliza noted they are not changing the use but only proposing a new building.
Mr. Steele noted the architectural plans and the elimination of the mechanical units on the roof. The mechanicals would be located on the ground.
Mr. Steele stated the utility plan on sheet five shows a proposed storm drainage system with a sub surface detention system on the side of the building. The drainage system includes a maintenance schedule which is number thirteen on this sheet. It addresses the responsibility of the property owner to maintain the drainage system. The site is serviced by public water and public sewer. There is a wash bay inside the building with floor drains and an oil water separator that ties into the sanitary sewer. The electric utilities will come from the overhead wires across the street and will be brought overhead to a new pole and then brought underground to the building.
Mr. Steele stated there is a zoning table on sheet five which demonstrates they meet all the zoning requirements, the impervious coverage and the parking requirements. Parking was done in two calculations both as office space and as industrial space or the whole thing as industrial. In Mr. Steele’s opinion, the whole thing is an industrial use. It is not an office. They did the calculations both ways to show they meet the requirements.
Mr. Steele noted the grading plan and he pointed out that this main entrance has been designed so that in the future it could be a town road.
Mr. Steele stated sheet seven, the landscaping and lighting plan, shows the parking area is going to be lit by light poles around the perimeter of the parking and the sides and rear of the gravel construction yard area. As far as the landscaping, they did include the landscaping requirements of street trees, landscaped islands and canopy trees within the parking lot.
Commissioner Duren asked if the lights point down. Mr. Steele confirmed that all the lights are the shoe box style full cut-off fixtures and they are down lights.
Mr. Steele noted the erosion and sediment control plans. This site is an existing construction yard and already somewhat disturbed. They do meet the minimum requirements for erosion control and that is demonstrated on the plans.
Mr. Steele stated the next four sheets include construction details. Engineering did respond with a comment that was included in the conditions of approval. They agreed to provide eight inches of processed stone under the pavement section. That revision is reflected on sheet eleven.
Mr. Steele stated the rooftop mechanicals have been eliminated. The building has split faced block on the lower portion of the wall and the upper portion is metal panel. Even in the back, there is the block going up to the height of the doors. The garage is a higher elevation, about 22’ in height, and the front office portion is about 12’ in height. Mr. Steele presented a rendering of the building from Post Office Road and a view of the two sides of the building as well as the rear. The colors for this building are going to be the neutral earth tone colors of tans, grays and browns. The browns and grays would be used for the block and metal portion. Mr. Steele pointed out the wash bay and the office area on the plans.
Commissioner Duren asked if there is a maintenance schedule on the plans for the oil water separator. Mr. Steele did not include a maintenance schedule for the oil water separator. Before they will issue a certificate of occupancy, they are required to register it with the DEP. They are also required to get approval from WPCA for the hook-up. They inspect it. As far as ongoing maintenance, the DEP is the one who regulates that. They are required to keep records and if the DEP comes out and finds they haven’t been keeping the records that they should, there are penalties. Commissioner Duren stated it is going into the town’s sewer system. Mr. Steele offered to add some wording to say that Note 13 on page 5 to indicate the oil water separator also needs to be inspected. Commissioner Duren suggested a condition that the maintenance schedule shall be added to the plans.
Commissioner Duren stated he would like to have the conditions shown on the plans. Mr. Giner stated that is included in the conditions.
Commissioner Duren was in favor of a nice local company expanding in this manner.
Commissioner Duren made a motion, seconded by Commissioner Sarno, to approve SPR #1431 – Application for 8,732 s.f. garage and 4,284 s.f. office building with associated parking, loading and drainage facilities at 38 Post Office Road, Zoned I-1, Map 47, Lot 31, Spazzarini Construction Company, Applicant/Owner. This approval is subject to conformance with the referenced plans, as may be required to be modified by these conditions, and the following conditions:
Referenced Plans
“Industrial Office & Garage 38 Post Office Road , Enfield, Connecticut.” Cover Sheet with Drawing Index and Location Map, by J.R. Russo & Associates, revised to 11-16-07.
“Boundary Survey, 38 Post Office Road, Enfield, Connecticut” Sheet 2 of 13, Scale: 1”=40’ by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Demolition Plan, 38 Post Office Road, Enfield, Connecticut” Sheet 3 of 13, Scale: 1”=40’ by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Layout Plan, 38 Post Office Road, Enfield, Connecticut” Sheet 4 of 13, Scale: 1”=20’ by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Utility Plan, 38 Post Office Road, Enfield, Connecticut” Sheet 5 of 13, Scale: 1”=40’ by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Grading Plan, 38 Post Office Road, Enfield, Connecticut” Sheet 6 of 13, Scale: 1”=20’ by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Landscaping & Lighting Plan, 38 Post Office Road, Enfield, Connecticut” Sheet 7 of 13, Scale: 1”=20’ by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Erosion & Sediment Control Plan, 38 Post Office Road, Enfield, Connecticut” Sheet 8 of 13, Scale: 1”=40’ by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Erosion & Sediment Control Notes, 38 Post Office Road, Enfield, Connecticut” Sheet 9 of 13, Scale: “As Noted” by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Detail Sheet, 38 Post Office Road, Enfield, Connecticut” Sheet 10 of 13, Scale: “As Noted” by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Detail Sheet, 38 Post Office Road, Enfield, Connecticut” Sheet 11 of 13, Scale: “As Noted” by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Detail Sheet, 38 Post Office Road, Enfield, Connecticut” Sheet 12 of 13, Scale: “As Noted” by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“Detail Sheet, 38 Post Office Road, Enfield, Connecticut” Sheet 13 of 13, Scale: “As Noted” by J.R. Russo & Associates, dated 10-10-07 revised to 11-16-07.
“First Floor Plan,” Sheet A101,Scale: 1/8” =1’-0”, by Stephen Jager Associates, LLC, dated 3/1/2007.
“Mezzanine Plan,” Sheet A102,Scale: 1/8” =1’-0”, by Stephen Jager Associates, LLC, dated 3/1/2007.
“Exterior Views,” Sheet A510,Scale: 1/8” =1’-0”, by Stephen Jager Associates, LLC, dated 3/1/2007.
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 application number, SPR #1431 shall be added to the plans above the title block.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns, a copy of the Conditions of Approval shall be incorporated on the plans submitted for signing.
4. The detail sections for the parking lot pavement and the processed gravel surface should have at least an 8" base section of processed stone. The parking lot detail section shows 4" and the gravel surface detail shows 6".
5. Three sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.
6. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
7. An Erosion and Sediment Control and Site Restoration Bond shall be submitted in the form of cash or a check, in an amount to be determined by the Town Engineer.
8. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
9. The CT department of Environmental Protection (DEP) general permit for vehicle maintenance wastewater must be processed before the Certificate of Occupancy can be signed by the Water Pollution Control Division.
10. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. The as-built plan shall also contain a certification by a Professional Engineer that they have inspected the site improvements and that they have been installed in accordance with the approved plans. Any deviations or omissions must be noted.
11. 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.
12. No Certificate of Occupancy or other final approval may be issued until the applicant has received a Certificate of Site Plan Compliance from the Planning Department. When minor site work cannot be completed because of weather or other pertinent reason, a conditional Certificate of Site Plan Compliance may be issued for a period not to exceed 180 days, providing satisfactory surety shall be posted with the Town of Enfield in an amount sufficient to complete the site work and with surety acceptable to the Town Attorney and Finance Department.
13. A request for Certificate of Site Plan Compliance from the Planning Department must be made at least 10 days before a Certificate of Occupancy or other final approval is requested from the Building Official.
14. Upon placement of the foundation or lowest floor, including the basement, and prior to backfilling or further vertical construction, the builder shall submit documentation prepared, signed and sealed by a Connecticut registered land surveyor showing the location of the foundation as well as the as-built elevation of the lowest floor, including basement, and the elevation of the top of the foundation wall. The as-built document shall also include the locations and elevations of any footing-drain outlets when footing drains are required by soil conditions or shown on the approved site plan. The elevations shall be not lower than those on the approved site plan and not more than six inches higher than those on said plan. Any deviations from these tolerances shall subject the site plan to further review. A signed and sealed recommendation and explanation from the Connecticut registered professional engineer who designed the approved site plan shall be submitted prior to approval of any changes.
15. 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.
16. 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.
17. All work associated with the construction of facilities as approved must be completed by December 6, 2012 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
18. 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.
19. The maintenance schedule shall be shown on the plans.
20. The plans shall be revised to reflect the Fire Marshal’s comments.
c. SAN#1375 – Request for Internally Lit Sign in the Enfield Street Design Overlay District for The Jarrett Agency located at 657 Enfield Street, zoned R-33, Map 32, Lot 29, Donald Deni and Thomas Zarcaro, Owner.
Thomas Zarcaro appeared before the Commission regarding this application. He requested a permit to install an illuminated sign at 657 Enfield Street. The proposed sign is a little smaller than what was there. The Jarrett Agency had a sign at one time that was shared with Remax and it was located on the building. The Remax sign was eventually removed. The Hartford Insurance Company came along and asked if they would like a sign. They accepted it and are before the Commission for approval.
Chairman DiPace stated internally illuminated signs were previously not allowed on Enfield Street but the Commission changed the ordinance a few months ago and now they are allowed.
Commissioner Duren noted the Jarrett Agency will have two signs on the building. Mr. Zarcaro stated one says Safeco Insurance.
Commissioner Duren made a motion, seconded by Commissioner Lefakis, to approve SAN#1375 for an internally lit sign in the Enfield Street Design Overlay District for The Jarrett Agency located at 657 Enfield Street. The motion was approved by a 7 – 0 – 0 vote with Alternates Sarno and Lefakis voting.
BOND RELEASES
a. PH#2462 – Request for release of Troiano Professional Building (Enfield Federal Savings & Loan) Engineering bond for $235,000 and Erosion and Sediment Bond in the amount of $3,000 for 851 Enfield Street.
Commissioner Duren read the memo from Engineering recommending this bond release. Commissioner Duren made a motion, seconded by Commissioner Hickey, to release the Engineering bond for $235,000 and the Erosion and Sediment Bond in the amount of $3,000 for PH#2462, Troiano Professional Building. The motion was approved by a 7 – 0 – 0 vote with Alternates Sarno and Lefakis voting.
OTHER BUSINESS
a. Adoption of 2008 Meeting Schedule
Mr. Giner stated he is requesting some changes to the 2008 meeting schedule to conform to the Inland Wetlands and Watercourses Schedule. He is recommending May be the second and fourth Thursdays. July 10 and 24 would be proposed. The other month that doesn’t match up is October and what is proposed is October 9 and 23.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to accept the 2008 Meeting Schedule with the proposed changes by Jose Giner for May, July, October, 2008 and January, 2009. The motion was approved by a 7 – 0 – 0 vote with Alternates Sarno and Lefakis voting.
Commissioner Duren requested that Mr. Giner work out a schedule for the upcoming 2009 revision to the Master Plan. Mr. Giner stated he has to meet with the Town Manager to see how it will be funded. Commissioner Duren would like to see a time line for completion.
Commissioner Hickey made a motion, seconded by Commissioner Duren, that items b, c, d, and e on tonight’s agenda under Other Business be postponed due to the eminent re-composition of the Commission. The motion was approved by a 7 – 0 – 0 vote with Alternates Sarno and Lefakis voting.
b. Discussion of Regulations
c. Hazardville Design District
d. Boulevards
Chairman DiPace stated you can’t do boulevards with a 50’ right of way like you do a road because if you do, every time you have a problem with the utilities, you are cutting up the road. You need a 70’ easement for a boulevard. Chairman DiPace did not feel you should have houses located on a boulevard because if you do, the people that live at the beginning have to drive all the way down and turn around and come out. He asked that the Commission consider this in future discussions.
e. Funeral Homes
f. Applications to be received
The following applications were received by the Commission:
Public Hearings:
PH #2632 – PZC initiative to amend Section 4.30.10 to allow pet grooming as a home occupation subject to special use permit.
PH #2633 – PZC initiative to amend Section 2.30 (Definitions) to exempt above ground pools from building coverage calculations.
PH #2466.02 – Application for car wash addition with modification of dimensions at 20 Palomba Drive, Zoned BR, Map 57, Lot 335, Forish Construction for Lia Auto Group, Applicant/ C&S Owner.
Mr. Giner noted all three applications will be heard at the December 20, 2007 meeting.
Site Plan Reviews:
SPR #1432 – Application for a 25x30 Concrete Block Water Pumping Building at 246 Shaker Road, Zoned I-2, Map 94, Lot 13, CT Water Company, Applicant/K & W Truck Sales & Service, Owner. – The Commission directed Mr. Giner to handle this item administratively. Mr. Giner showed the Commission where the pumping station will be located on the plans.
SPR #1433 – Application for 20x50 dining room addition at 739 Enfield Street, Zoned BL, Map 29, Lot 39, Russo Bakery, Applicant/Owner.
Chairman DiPace stated there is a tractor trailer that parks on this site every night. Also, all the landscaping has been removed. Mr. Giner stated the proposal will reduce the impervious coverage.
SPR #1434 – Application to convert a building currently used as residential to a professional office. No building alterations (exterior) or site improvements are proposed, at 264 Hazard Avenue, Zoned BL, R-33, Hazardville Design District, Map 83, Lot 49, David J. & William R. Palmberg, Applicants/Eileen M. Figueroa, Owner.
Commissioner Duren asked that Mr. Giner check on CVS on Route 5. They have two rental trucks in the back that they may be using for storage.
ADJOURNMENT
Commissioner Hickey made a motion, seconded by Commissioner Lefakis, to adjourn. Following a unanimous vote, the Commission adjourned at 9:05 p.m.
Respectfully submitted,
__________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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