|
THESE MINUTES ARE PRESENTED IN DRAFT FORM AND HAVE NOT BEEN FORMALLY APPROVED BY THE ENFIELD PLANNING AND ZONING COMMISSION
OFFICIAL COPIES OF MINUTES, WHEN APPROVED, CAN BE OBTAINED FROM THE TOWN CLERK OR PLANNING OFFICE.
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
FEBRUARY 15, 2007
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, February 15, 2007 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Vice Chairman James Hickey called the meeting to order at 7:30 p.m.
PRESENT: Anthony DiPace, Chairman (arrived at 8:00 p.m.)
James Hickey, Jr.
Jeffrey Cooper
Charles Duren
Jason Jones
Charles Ladd, Alternate
Nicles Lefakis, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Jones made a motion, seconded by Commissioner Duren, to approve the Minutes of February 1, 2007. The Minutes were approved by a 4 – 0 – 2 vote. Commissioners Ladd and Lefakis abstained.
CORRESPONDENCE
Vice Chairman Hickey reported receipt of the Connecticut Federation of Planning and Zoning Agencies quarterly newsletter, the American Planning Association brochure, the American Planning magazine, the Planning Commission Journal, and the College of Agriculture and Natural Resources Journal from the University of Connecticut.
COMMISSIONERS’ CORRESPONDENCE
Vice Chairman Hickey reported receipt of the Inland Wetlands and Water Courses Notice of Action dated January 30, 2007, and the Historic District Commission Notice of Action dated January 24, 2007.
Commissioner Ladd brought up information in the Planning magazine regarding exterior design of buildings that are not the cookie cutter approach. Commissioner Duren added there are some excellent articles on bike paths.
Vice Chairman Hickey reported receipt of the program for the 59th Annual Federation of Connecticut Planning and Zoning Association conference to be held at the Aqua Turf on Thursday, March 22, 2007. Mr. Giner asked that Commissioners who want to attend contact his office.
Mr. Giner stated on March 17, 2007 there is a program at Wesleyan sponsored by the American Bar Association. Mr. Giner asked Commissioners to contact his office if they plan to attend.
Commissioner Ladd brought up a site on Raffia Road where there is a truck business, a junk yard and a landscaping business being run in a residential neighborhood. He has received two complaints about it this week. Mr. Giner stated this is a preexisting nonconforming use but he will ask Wayne Bickley, Zoning Enforcement Officer, for a determination regarding the junk yard.
Commissioner Ladd stated the greenhouse on North Street is a mess.
Commissioner Duren brought up the intersection across from Elm Street where it goes down by the Police Station and the Senior Center and stated across the street there are a lot of trucks, a greenhouse and a trailer. He reported it once to the Zoning Enforcement Officer and Wayne said no one was living in the trailer yet it has a dish on it. Commissioner Duren asked that this activity be checked. Mr. Giner will have Mr. Bickley include this item in his written report to the Commission. Commissioner Duren stated Wetlands would probably be interested in this operation being located so close to the stream. He suggested Steve view the site.
PUBLIC HEARINGS – CONTINUED from February 1, 2007
a. PH#2504.02 – Modification of conditions imposed on previous special use permit for review of the neon mortise and pestle logo located inside the entrance tower at 2 Shaker Road, zoned BL, Map 64, Lot 70, Blake Investments, Applicant/Owner. (Must close by 3/1/07)
Douglas Palmer, Director of Construction for Galaxy Development, representing Blake Investments appeared before the Commission concerning the new Walgreen’s located on Shaker and Elm Streets.
Mr. Palmer stated at the Commission’s request, they uncovered the mortise and pestle located over the front door on Thursday morning of last week. It has been lit for the one week period the Commission requested.
Commissioner Duren asked if any complaints were received from any neighbors and Mr. Giner reported there have been none.
Commissioner Ladd viewed the logo and felt while it was bright, it was not throwing any light off-site causing a disturbance.
Vice Chairman Hickey stated it looked fine to him.
Vice Chairman Hickey opened this hearing to the audience. No one spoke in favor or against this application. Vice Chairman Hickey closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Cooper, to approve the modification of the condition imposed on a previous special use permit of the mortise and pestle logo located inside the entrance tower at 2 Shaker Road as heard in Public Hearing #2504.02. All other conditions will remain in effect.
Commissioner Duren made a motion, seconded by Commissioner Cooper, to modify the motion to add the condition that the mortise and pestle logo be left on only during Walgreen’s operating hours. The motion to modify was approved by a 6 – 0 – 0 vote with Alternates Ladd and Lefakis voting.
The main motion, as modified, was approved by a 6 – 0 – 0 vote with Alternates Ladd and Lefakis voting.
PUBLIC HEARINGS - NEW
a. PH#2590 – Special Use Permit and site plan for demolition and construction of new McDonald’s restaurant at 97 Elm Street, zoned BG/BR, Franchise Realty Interstate Corp., Applicant/Owner. (Must close by 3/15/07)
Attorney Susan Hays of Updike, Kelly and Spellacy and John Cusak of Bohler Engineering appeared before the Commission on behalf of Franchise Realty Interstate Corp. a/k/a McDonald’s.
Attorney Hays stated they are here with a Special Permit/site plan application to demolish the existing McDonald’s on Elm Street and to build a new McDonald’s facility. Prior to that, they will be doing a lot of site work to resituate the building. Attorney Hays noted this McDonald’s was built in 1972. Over time there have been some modifications but the building itself is thirty-five years old. McDonald’s has since had significant modifications in food preparation and other items. McDonald’s would like to demolish the existing building and replace it with their new prototype building.
Attorney Hays stated two ART meetings have been held and most of the issues are worked out. They decided rather than modify the plans with changes that are technical in nature that they would come tonight to the hearing and following approval prepare a final set of plans with those modifications for the mylars.
John Cusak of Bohler Engineering stated he would like to review some of the existing features to point out some of the improvements they will be making to the building. The existing building is 35 years old and the layout is not conducive to what you would build for a new restaurant today. The building is located on the western portion of the site serviced by two driveways. The one on the northwest is access only and handles eighty percent of the traffic. The driveway to the north is access and egress. There is presently an odd circulation pattern. Mr. Cusak noted when the cars are coming in one-way, drive through traffic is coming out another way and there is a large storage cooler blocking the view of motorists. Once you want to get out of the site, you have to cross the twenty percent of the traffic that might be entering the site at that driveway. This is a conflict point they want to try and address.
John Cusak stated the existing building is about 4,800 square feet with the playscape located on the western side of the building. The drive-through is not optimal and was an add on after the building was constructed. There is only one window. The parking stalls are about 15’ wide and there is a 17’ drive aisle making it a narrow situation with potential conflicts coming around the corner. With the present drive-through location, the menu board is right at the front of the site. Mr. Cusak noted all of the parking setbacks are nonconforming, impervious area on site is nonconforming and the internal landscaping and the pylon sign are also nonconforming. All of these they will either comply with or make better with the new construction.
Mr. Cusak stated the new building will be 3,900 square feet with 74 seats. The building will be centrally located which will help to alleviate some of the present circulation issues. The two driveways remain from their existing location with one enter only and the other an enter/exit. A car that would want to come in and park could do so without having any conflict like there was previously. There will be two windows as well as the menu board being to the rear of the building.
Commissioner Duren noted if he were to enter the site off the entrance road, he would have to make two trips around the parking lot in order to get to the window. Mr. Cusak confirmed that to be the case. He stated the Town Engineer did have a comment on that. Mr. Cusak stated he feels totally confident that this layout far exceeds the existing layout due to conflict points. Commissioner Duren saw a need to make things better.
Mr. Cusak stated another option would be to flip the building. If the building is flipped, what you have is the back of the building facing Elm Street and you have a reduced queue lane going into that. If there is a backup, it would affect the driveway. The benefit of this is you have a ten-car queue in the line itself and all the area is on-site. Further discussion followed regarding this possibility.
Mr. Cusak stated some of the existing nonconformities will be eliminated with the new proposal. They have pulled the front yard setback totally outside and the side was moved from three feet to six feet to comply with the rear setback. Impervious area has been reduced from 77% to 67%. The existing 37 square foot pylon sign is being taken down and a new 33 square foot sign will be installed 20’ high. Some of the flat spots will be re-graded to make sure there is no ponding on site. Utilities are all available. The drainage is what it was previously. Due to the decreased impervious area, they have decreased the flow leaving the site. There is also some additional treatment of the new catch basins with sump pumps and hoods which are not there today. Further, there is some recharge proposed in some of their piping. There is more landscaping that is proposed with this scenario including some shade trees and shrubs to accent what is out there today. Lighting will be full shielded fixtures. Mr. Cusak presented a material board to show the exterior building materials.
Commissioner Duren stated the Town Engineer had comments about the pipe slope and the coverage over the pipes. Mr. Cusak stated any technical comment like that they will address. They have not yet revised the plans but those comments will be addressed. Mr. Giner stated he talked to the Town Engineer today and he stated the site is limited as to how much cover you can get. He says it is not going to get any worse. It has been like this for years and he has not encountered any problems there. The Town Engineer mentioned it because he wanted a stronger pipe than is usually installed. He noted while it was not a big concern, it did not technically meet the town’s regulations for slope and cover.
Mr. Cusak stated what is out there now is the traditional double mansard roof of red, white and yellow. He presented a rendering of the new prototype building and a material board. Mr. Cusak stated the building will be brick and there will be different colored elements on the building. There will be awnings located on the front and side to accent the doorways. There will be a McDonald’s sign and emblems. Mr. Cusak felt the new building is a lot more tasteful than the existing building.
Vice Chairman Hickey asked if they are occupying the property pursuant to a ground lease. Attorney Hays stated it is partially a ground lease and partially ownership in fee. There is a 100-year lease for a portion of the property and then there is a fee interest in the front portion of the property. There is a cross easement for access and an easement in favor of their property for parking on the shopping center parcel. Vice Chairman Hickey asked if they need to go back to the owner regarding the easements. Attorney Hays stated they do not and there are no issues with the adjoining property owner.
Mr. Giner stated it is a little unusual to see a building crossing over a property line. In BR you can do that and this is sort of a split zone. The current building has elements which cross over the line also. In the past the Commission has treated the 100-year lease part of it as being equal to a fee simple and, therefore, as one piece of property. Mr. Giner stated the other question was in regard to the elements shown on the building and whether they constituted a sign or were just architectural elements.
Attorney Hays stated they look upon the elements as an architectural feature and there is no internal illumination but there is up lighting. The feature is over the front and the main entrance on the side. Mr. Cusak stated where they have the arcade element, there are some ground lights up lighting the building. Along the trellis there are some wall sconces which are full cutoffs which aim down. The McDonald’s sign and the M’s are internally illuminated.
Mr. Giner felt the architectural element makes the box look better. He was not sure the Commission would consider it a sign. Mr. Giner stated the Fire Marshal suggested moving some of the handicapped spaces out of the way to provide additional room for stacking. This is not included in the conditions and could be added.
Mr. Cusak stated the issue was coming through there is a ten-car stack and the Fire Marshal thought they could get a little more parking if they moved one of the handicapped spaces. Commissioner Duren felt that is a way to go for a handicapped person. Mr. Cusak agreed and stated he preferred the original design. Further discussion on this point followed.
Commissioner Jones stated he would prefer the khaki brick which is a lighter color rather than the terra cotta proposed. Mr. Cusak stated they would change the color if that is the preference of the Commission. Following some discussion, the consensus of the Commission was to go with the khaki brick color scheme. Mr. Cusak stated everything else would remain the same as in the rendering.
Commissioner Jones asked about putting some landscaping in the back. Mr. Cusak stated the reason none is shown is because of truck and emergency access. The area was originally striped and to landscape the area would interfere with loading and emergency vehicles.
Commissioner Duren asked that north, south, east and west be shown on the elevation drawings to clarify the plans. Also, on pages D-2 and A-1.6 the north arrows are missing. Mr. Cusak stated those will be added to the plans.
Chairman DiPace asked if the rumble strip shown in the back will be flush with the driveway with the rest being striping. Mr. Cusak stated that is correct. Chairman DiPace felt the striping proposed will not stop the cars. Mr. Cusak stated they can make that area a rumble strip also if the Commission would like.
Commissioner Duren asked where the trucks for delivery will be located. Mr. Cusak stated there are two doors to the rear of the building. The back door goes directly into the freezer and the one directly in front of that goes into the stock room. Commissioner Duren asked why there can’t be a landscaping area next to the handicapped section instead of striping. Mr. Cusak stated they would like to keep that area open for emergency vehicles and loading.
Commissioner Duren stated he is talking about landscaping between the driveway and the building right next to the handicapped area. He felt there is a lot of striping proposed which will detract from the building. Mr. Cusak felt a truck would be pulling over that area. Commissioners offered alternative routes for the trucks.
Ed Behler, Construction Manager with McDonald’s Corporation, stated the trucks are 55’ long and they take about an hour to do their deliveries. If they are parked in the drive-through lane, they would have to shut down the drive-through for that hour. To park it out in the travel lane where cars can’t circle around the building would create traffic congestion on the site causing the whole site to be shut down. This would be the concern with putting a landscaped island next to the building.
Further discussion followed on the merits of adding landscaping near the drive-through entrance. The consensus of the discussion was that they are going to show a design for a landscaping island in the ten feet plus the five foot area next to the handicapped parking and drive-through entrance.
Commissioner Duren noted the playground has been eliminated.
Commissioner Jones asked about the outdoor tables. Mr. Cusak stated there will be four tables located on the western side in the landscaped area.
Attorney Hays stated the plans show the sign they are proposing. They have not submitted a sign application. Mr. Alsbaugh instructed them to have the Commission approve the signage as included in the site plans. They submitted the sign application and fee but it did not get on the agenda. That application is also in front of the Commission if they choose to add it to the agenda tonight. Mr. Giner stated signs do not require a public hearing and it can be added to the agenda. Chairman DiPace confirmed with Attorney Hays that the signs meet all the requirements of the regulations. Mr. Giner stated Mr. Alsbaugh sent a memo today dated February 15 stating the signs are okay for approval by the Commission. A review of the signage package by the Commission followed.
Attorney Hays summarized there are a total of seven signs which include four M’s, two McDonald’s and the freestanding sign. There is an M on the back of the building and according to Mr. Alsbaugh that would be permitted since there is a sign now on the back of the building. The freestanding sign will be 20’ high and the existing is 30’. They are lowering the height by ten feet to comply with the town’s regulations.
Commissioner Ladd was not excited about the proposed awnings.
Chairman DiPace opened this hearing to the public. No one spoke in favor or against the application. Chairman DiPace closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Jones, to approve PH #2590/ SAN 1335 –Special use permit and site plan for demolition and construction of new McDonald’s restaurant with related signage at 97 Elm Street, Zoned BG/BR, Franchise Realty Interstate Corp., Applicant/Owner, subject to conformance with the Referenced Plans as may be required to be modified by the following conditions:
Referenced Plans:
“Proposed Site Plan for Site Plan Approval, McDonald’s Corporation, 97 Elm Street Map: 043 Lots: 2 and part of Lot 1, Town of Enfield, Hartford County, Connecticut.” Sheet C-1 Key Map, Area Map, Sheet Index, by Bohler Engineering, dated 9/05/06, revised to 11/03/06.
“Demolition Plan” McDonald’s, Sheet C-2 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Site Plan” McDonald’s, Sheet C-3 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Grading & Drainage Plan” McDonald’s, Sheet C-4 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Utility Plan” McDonald’s, Sheet C-5 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Landscaping Plan” McDonald’s, Sheet C-6 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Lighting Plan” McDonald’s, Sheet C-7 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Erosion & Sediment Control Plan” McDonald’s, Sheet C-8 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Construction Details” McDonald’s, Sheet D-1 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Construction Details” McDonald’s, Sheet D-2 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Construction Details” McDonald’s, Sheet D-3 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Construction Details” McDonald’s, Sheet D-4 of 12, Scale: “As Shown”, by Bohler Engineering, dated 9/05/06, and revised to 11/3/06.
“Boundary & Topographic Survey, McDonald’s Corporation 97 Elm Street, Lot 2 & part of Lot 1, Map 43, Town of Enfield, Hartford County, Connecticut.” Dwg. 1 of 1, Scale: 1”=20’, by Control Point Associates, dated 5-20-05.
“2006 Standard Building 4587 –Wood/Wood” prepared for McDonald’s USA, LLC, Sheet A1.6 Seating Plan, dated 10/6/2006.
“2006 Standard Building 4587 –Wood/Wood” prepared for McDonald’s USA, LLC, Sheet A2.1 Elevations, dated 10/6/2006.
“2006 Standard Building 4587 –Wood/Wood” prepared for McDonald’s USA, LLC, Sheet A2.0 Elevations, dated 10/6/2006.
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. Elevation Drawings shall reference compass bearings (North, East etc. rather than Directional (Front, Back etc.)
3. Final Plans shall show types of wall-pack lighting with fixtures indicating no direct glare onto adjoining roads, drives or properties.
4. The plans submitted for signature shall include the Application Number “PH 2590 displayed prominently on the final plan sheets either in the title block or in the area around it.
5. The Plans shall be revised to indicate that where the proposed pipe does not have the minimum two feet required ground cover over the piping system, class V reinforced concrete pipe in a processed stone backfill running up into the pavement base shall be installed.
6. For all sewer pipes, show on the drawing(s) the length, diameter, slope, location, and type of pipe; for inverts show elevation in and out, and for frame(s) show elevation at the top. Sewer system shall conform to Town of Enfield, Subdivision Regulations, revised as of February 12, 2002, and on the Town of Enfield Public Works Department drawings titled Typical Details I, II and III.
7. Show on diagram(s) - “WPC shall be notified 24 hours in advance for all inspections required for installations of sewer system{s} – Sanitary Sewer from facility to the street and FOG Management System. Please call 860-253-6450 – if no one is there, please leave a message.”
8. The plans shall be revised to show a vent for the inlet and outlet of the FOG interceptor and show a crushed stone base under the interceptor.
9. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the Approval and conditions shall be placed on the final plans submitted for signature.
Conditions to be met prior to the issuance of permits:
10. One mylar set and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission Secretary.
11. All remaining concerns of the North Central District Health Department shall be addressed.
12. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
13. 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.
14. A landscaping bond, in an amount to be determined by the Planning Department and with surety acceptable to the Town Attorney shall be submitted to the Town.
15. 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:
16. 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.
17. 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.
18. 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.
19. 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.
General Conditions:
20. 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.
21. 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.
22. 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.
23. All improvements required on the approved site plan must be maintained in good order and repair and in proper appearance, on a continuing basis. All landscaped areas and plantings, including any planters or like receptacles, shall be maintained free of debris, sand, salt, litter, weeds and other unsightly or deleterious vegetation, growth or matter. Required plantings shall be replaced when the same have died. All parking areas, sidewalks, walkway areas, light standards, berms, curbs, bumpers, signs and all parts of storm drainage systems shall be maintained in good order and repair and in proper appearance on a continuous basis. The site shall be maintained free of debris, sand, salt, litter, weeds and other unsightly or deleterious matter.
24. A building permit for the construction of facilities as approved must be obtained within one year of the effective date of the Special Use Permit or this approval shall be rendered null and void, unless an extension is granted by the Commission.
25. The project shall be completed by February 15, 2012 or this approval shall be considered null and void, unless an extension is granted by the Enfield Planning and Zoning Commission.
26. 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.
27. The landscaping next to the handicapped spaces shall be installed as discussed during the public hearing and approved by Jose Giner.
28. The khaki stucco color scheme is to be used on the building exterior.
The Commission noted the handicapped spaces will remain close to the building as originally proposed.
The motion was approved by a 7 – 0 – 0 vote.
Commissioner Hickey felt the plan is a good one because it decreases the overall nonconformity of the present operation. It also adds to the overall attractiveness of the area.
Commissioner Duren noted there was always a problem with the location of the playscape and that will be removed.
Commissioner Duren made a motion, seconded by Commissioner Jones, to approve the signage as shown in PH#2590 at the 97 Elm Street, McDonald’s. The motion was approved by a 7 – 0 – 0 vote.
PH#2592 – Special Use Permit and final site plan review for a proposed restaurant with a Class 1 restaurant liquor permit on the previously approved BR-1 development located at 20 Phoenix Boulevard at its southwest intersection with Hazard Avenue, zoned BR, Map 45, Lot 12, Benderson Property Development, Inc. and Sullivan Hayes Companies NE, Inc. Applicants; Enfield Lodging, LLC, Owner. (Must close by 3/15/07)
Attorney Susan Hays, Daniel Bradanini and Jerry Johnson with Longhorn Steakhouse appeared before the Commission regarding this application.
Mr. Bradanini stated their application is for the approval of the tenant in this location. This was originally town land and they were the selected developer for a hotel and restaurant use. This Commission approved the overall site plan that depicted the hotel and the restaurant on September 22, 2005. Since then, they have been working with the Army Corps and now they are under construction. The site has been partially cleared and they are in the process of surcharging the pads and getting them ready for development this spring. Everything on the site has been approved to date with the exception of the restaurant user which the town reserved the right to approve making the requirement that it had to be a sit-down restaurant.
Mr. Bradanini stated they are bringing an application tonight for approval of the Longhorn Steakhouse.
Jerry Johnson, Engineering Director for the parent company of Longhorn Steakhouse, Rare Hospitality, stated Longhorn Steakhouse is one of three restaurant chains owned by Rare Hospitality. They also own Bugaboo Creek Steakhouse and the Capital Grill. All the Rare Hospitality concepts are wholly owned by the company and there are no franchise locations. They have been looking to locate in the Connecticut market for some time and they are excited to be coming to Enfield.
Mr. Johnson stated the restaurant would be their standard prototype building which uses a combination of stone, brick and stucco. Since the electronic renderings don’t come out to the exact color, they brought a material board for the Commission’s review. The darker brick is the primary brick.
In response to a question from Chairman DiPace, Mr. Johnson stated there is a Longhorn Steakhouse on Riverdale Road in West Springfield. Enfield would be the first restaurant in Connecticut.
Mr. Johnson stated they have seven stores in Massachusetts right now with more being planned.
Mr. Johnson stated the lighter color brick will be used for the accent on the top of the building. The stucco color is represented on the material board as well as the awning material and a picture of the stone.
Commissioner Duren asked that north, east, south and west be labeled on the plans.
Commissioner Duren asked about the front of the building and where it is facing. Mr. Johnson stated the front of the building faces north or towards Hazard Avenue. They discussed shifting the building twenty or thirty degrees to face into the cross street in order to give the best visibility to all the surrounding streets. Commissioner Jones noted the building would face Starbucks.
Mr. Johnson stated they have room to turn the building and still maintain the same impervious ratios and green space. The curb line would remain the same. Their feeling is that the sides of the building would be more visible from Hazard and Phoenix with the front of the building facing into the actual intersection. This location would also make for a better dumpster enclosure placement by hiding that enclosure from public view.
Commissioner Ladd asked if it would be possible to move the door under the sign in the front. Mr. Johnson stated the way the interior lays out, there is a hostess and waiting area just inside the door and then the bar area. The sign is now moved a little more over the door. Commissioner Ladd did not feel it was very symmetrical. Chairman DiPace stated this is their corporate layout and design. Mr. Johnson confirmed that the way the front works inside, it would be very difficult to relocate the front entry because it would eliminate a large portion of the waiting area, some of the hostess area and, potentially, some of the bar area.
Chairman DiPace asked about the time frame for construction. Mr. Bradanini stated they expect the restaurant pad to be ready by May and the hotel pad by July or August. Mr. Johnson stated based on the outcome of tonight’s hearing, they would launch construction and building drawings by the first of next week. That is a thirty-day process with internal review and then they would submit them. If they were able to obtain building approvals, they should be out of construction by approximately September 1 for the restaurant. The restaurant will be constructed first and while the hotel is under construction, they will provide an avenue of ingress and egress to pass along the east side of the hotel area.
Commissioner Jones asked if there are any plans for a freestanding sign. Mr. Bradanini stated part of the package includes all the building signs.
Commissioner Duren noted the trade of five additional rooms in the hotel for some parking spots. Mr. Bradanini stated they had approved 235 seats for the restaurant. When they changed the rooms, the restaurant seating dropped to 210. They ended up with one or two extra parking spaces.
Some discussion followed on the hours of operation. Mr. Johnson gave the particular hours of operation proposed. Chairman DiPace suggested making the hours of operation from 11:00 a.m. to 12:00 midnight seven days a week.
Chairman DiPace opened this hearing to the public. No one spoke in favor or against this application. Chairman DiPace closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve PH#2592 – Special Use Permit and final site plan review for a proposed restaurant with a Class 1 restaurant liquor permit on the previously approved BR-1 development located at 20 Phoenix Boulevard at its southwest intersection with Hazard Avenue, zoned BR, Map 45, Lot 12, Benderson Property Development, Inc. and Sullivan Hayes Companies NE, Inc. Applicants; Enfield Lodging, LLC, Owner. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
*Referenced Plans:
“Longhorn Steakhouse Prototype LH 70107 – Seating & Floor Finish Plan” Sheet A3 by WD Partners.
"Longhorn Steakhouse LH-7 Prototype Elevations, Enfield, Connecticut” Front and Right Elevations, by WD Partners, stamped received by the Planning Office on Jan 12, 2007.
"Longhorn Steakhouse LH-7 Prototype Elevations, Enfield, Connecticut” Rear and Left Elevations by WD Partners, stamped received by the Planning Office on Jan 12, 2007.
“Site Development Plan, Hazard Ave & Phoenix Ave, Enfield Connecticut 06082” Sheet C1, by WD Partners.
“Landscape Plan, Hazard Ave & Phoenix Ave, Enfield Connecticut 06082” Sheet L1, by WD Partners.
* Referenced Plans to also include list of Plans approved under PH 2520.
Conditions to be Met Prior to Signing of Plans:
1. The file number “PH 2592” shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
2. 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:
3. Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.
4. 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.
5. Final Fire Marshall, Water Pollution Control and North Central District Health approvals shall be obtained.
Conditions which must be met prior to the Issuance of a Zoning 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.
8. All traffic safety signage shall be installed prior to the issuance of any certificates of zoning compliance.
9. Final inspection and Approval from Water Pollution Control Division shall have been satisfied.
10. Final inspection and Approval from the Fire Marshall shall be obtained.
11. Final Approval from the North Central District Health department shall be obtained.
General Conditions:
12. The conditions of approval for PH 2520 not specifically modified by this approval are to remain in full force and effect for this project.
13. 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.
14. The approval for the Class 1 Liquor license is in conjunction with a bona fide restaurant only. Any changes to the interior layout or functions of the space shall require an amendment to the Special Use permit. However, the seating may be increased to 210 as previously approved prior to the CO for the Longhorn Steakhouse only. Any increases in seating capacity after the issuance of a CO may require prior Commission review and approval.
15. Hours of Operation Shall be limited to: 11:00 a.m. to 12:00 midnight Sunday through Saturday.
16. Permits for signage that conforms to the Enfield Zoning Regulations must be obtained separately from the Planning Office.
17. 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.
18. A Special Permit is valid for a period of one year from the effective date of approval. A zoning permit must be obtained within this period or this approval shall be rendered null and void, unless an extension is granted by the Commission.
19. 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.
Mr. Bradanini asked about the sign package. Chairman DiPace stated the signs can be approved by Mr. Alsbaugh administratively.
OLD BUSINESS
a. PH#2573 – Special Use Permit and site plan review for a 73-unit senior residential development at the east end of Mayfield Drive and north of Westview Drive, and west of Shaker Pines Lake, Map 79, Lot 11, Stonegate Associates, Applicant/Angelina J. McGillivray, Owner. (Hearing closed – Deadline for Decision 3/1/07 meeting)
Action on this application was tabled to a later meeting.
BOND RELEASES
a. SPR#1249 – Request for release of $25,260 Landscaping Bond for PTI Industries at 2 Peerless Way.
Chairman DiPace stated the landscaping has not been in for twelve months and he recommended tabling this bond release. He would like to see what the landscaping looks like in the spring.
b. PH#2309 – Request for reduction of landscaping bond from $15,000 to $3,000 for the Autumn Fields Senior Residential Development project.
This bond release was tabled.
c. PH#2323 – Request for release of Landscape Bond in the amount of $39,449 for Shaker Heights Subdivision – Taylor Road
This bond release was tabled.
NEW BUSINESS
a. SPR#1388 – Site Plan Review for a change of use from a vacant former bar/lounge to a Used Furniture Store at 26 Pearl Street, zoned TVCD, Map 24, Lot 84, Kevin Paradise, Applicant; Anthony and Frank Troiano, Owner.
Kevin Paradise appeared before the Commission regarding this application.
Mr. Paradise stated there is the Country Store front and the restaurant is vacant. Mr. Giner noted this was originally supposed to be an upholstery company but it never happened.
Mr. Paradise stated he had a store where Thompsonville Drug used to be and he is proposing to move the store to 26 Pearl Street. This would not be furniture on consignment. It would be affordable furniture for people in the neighborhood. It is low end furniture and most of the antiques will be sold on EBAY.
Mr. Paradise stated he is not proposing a sign at this time.
Mr. Paradise stated the vacant restaurant has been totally gutted and he plans to use the big box area for his furniture sales.
Mr. Giner stated this has been approved by the Enfield Revitalization and Strategy Committee. Their only comment was if there are any exterior changes, they would like to be able to review them.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve SPR#1388 for a change of use from a vacant former bar/lounge to a used furniture store at 26 Pearl Street. The motion was approved by a 7 – 0 – 0 vote.
Chairman DiPace stated this is a much better use for the now vacant restaurant.
Commissioner Hickey felt the potential market is there to make the business succeed.
OTHER BUSINESS
a. Informal discussion with representatives of the Holy Cross Parish to informally outline and discuss a proposal to establish residential housing for elderly persons on its property at 723 Enfield Street.
Mr. Giner stated he received an email today and Holy Cross Parish representatives requested that this item be removed from the agenda until they are ready to proceed.
b. Discussion of Somers Road/Shaker Heights Drainage Issues.
Chet Ladd and Mark Sparandio appeared before the Commission to respond to concerns regarding drainage issues in the area of Somers Road/Shaker Heights.
Chairman DiPace stated there are some drainage issues. Commission members have been watching the area for several months and water is coming off pretty fast and running down all the way to Somers Road.
Mr. Sparandio stated they built the drainage plan in compliance to the approved plan. Chairman DiPace stated their engineer assured the Commission that it would work and it is not working. Mr. Ladd stated he thinks it is working exactly the way it was designed.
Commissioner Jones questioned if it is designed to overflow. Mr. Ladd stated it does not overflow and has never overflowed.
Chairman DiPace stated the water is bypassing the detention basin and it is running down and washing out the area. There are silt fences knocked over. There is rip rap where the water has gone through that and it is washing down the side of the hill.
Mr. Ladd stated those are things you do during construction. Mr. Sparandio stated the silt fences have all been replaced. He met with Steve and they went through what Steve wanted replaced. They put in more biers and checks. Steve was out the day before it snowed to inspect the area.
Chairman DiPace stated he was at the site two weeks ago and at that point more than fifty percent of the silt fence was down on the ground and dirt had washed right under or over it. Mr. Ladd asked where this occurred. Chairman DiPace stated it was behind the construction trailer and all down in the back. Mr. Ladd stated some of the intermediary fencing might be down but all around the whole property is tightly fenced and in a lot of places it is doubled up. They police any fencing that is down and they go in and put it back up.
Commissioner Duren brought up Steve’s memo of January 30. When the spring thaw comes, this is a major problem and the people on Somers Road have a major problem. He read from Steve’s memo which noted the greatest concern is Watch Hill because the whole area is frozen mud. Several of the check dams are also already full of silt.
Mr. Sparandio stated when Steve came out on Tuesday, they walked all through that area. The topography is steep until they get it established. They’re in the construction phase right now and trying to get the roads finished. Commissioner Duren stated he thinks there is a memo from the Chairman of the Inland Wetlands Commission that states she saw mud flowing down on to Taylor Road.
Chairman DiPace stated the gravel that is up at the top of the hill ends up on Somers Road after a heavy rain. It is washing through everyone’s back yards.
Mr. Sparandio stated he walked through that site with Neil after a heavy rain. He went to both detention ponds and his comment at that time was that the coloring that is coming down through is not acceptable for what the detention pond is supposed to do. There is no question it is discolored but he said the detention ponds are doing what they are supposed to do. They are one and a half feet lower than they are going to be when the project is finished and the purpose of that is to catch the major silting. Mr. Sparandio walked down into those ponds in October, 2005 and the pond never even came close to breaching the banks.
Chairman DiPace stated he doesn’t think the problem is the ponds overflowing but the problem is the sheathing coming off. The water is coming off behind the detention pond and is missing the detention pond and running straight down.
Commissioner Duren noted the curbs are not in and it is too bad the roads were not finished before the asphalt plants closed.
Mr. Sparandio stated on Watch Hill when they initially went in, Hazardville Water wanted a twelve-inch main which now goes out to Moody Road and ties in to the old line. That had to be open from the start while work was done and that is where the water source was coming from. It is a large project and they want to finish it to resolve the problems. Mr. Sparandio called Steve to make sure they had addressed the issues.
Commissioner Duren noted Steve’s statement is until the road is completed, it has to be monitored very closely especially with the melting of snow which could cause a large mess. Commissioner Duren asked what are they prepared to do if and when this happens.
Mr. Sparandio stated with what they have in place right now, it is reinforced more than it’s ever been. They put in additional checks to divert the water to the detention pond. They put down stump mulch on part of the slopes to slow down the water before it hits the road. There are silt fences at the very end. There are barriers all the way down. They were added upon Steve’s request and they are in place now.
Commissioner Hickey noted it appears they are not maintaining the silt fences. Mr. Sparandio stated they have replaced the silt fencing several times. Commissioner Duren asked how often this is done.
Chairman DiPace stated he has been to the site four times and the silt fencing was down in the area of Watch Hill Drive looking down. Almost half of it was down. Mr. Sparandio stated it is all up tonight.
Mr. Ladd stated all that silt fencing is extra stops. They were down there a month ago before the frost. Mr. Sparandio offered to walk the site again with Steve.
Chairman DiPace saw a need to slow down the water.
Commissioner Hickey asked about enforcement. Mr. Giner stated when they see silt fencing down, they request them to fix it. If they don’t fix it, the town has an erosion and sediment control bond that can be used.
Mr. Sparandio asked that the Commission ask Steve about this. Anything he’s asked them to do has been done and they then call Steve to tell him it has been done. Steve asked on Tuesday for some additional stump mulch on Watch Hill Drive. That would be as you look down to the first detention pond, there is a slope to the left. He wanted them to fix it in one spot. There were some hay bales and they installed some stump mulch in a horseshoe shape. As the hill comes down from the very top, they took a dozer and cut to stop the water in stages. Steve asked them to add some more stone chips in this area.
Commissioner Duren stated that has been done since Steve’s memo of January 30 and he requested an update for the Commission.
Chairman DiPace stated he has seen the water in this area and it is a concern. Mr. Ladd stated it is also their concern.
Mr. Sparandio stated the water that is coming down through there is not something that just started coming down through there. It is definitely discolored from disturbing the site. Chairman DiPace stated the water is coming down a lot faster and heavier than it was before.
Commissioner Duren noted the pictures that were given to the Commission show the silt coming down on to Somers Road. Mr. Ladd stated the water is discolored. They had Neil come out and Neil walked the area and noted the water is discolored and there was no silt. Commissioner Duren read Steve’s memo of January 30 which says the water runs to the residences below. Mr. Sparandio stated there was a break in the silt fence that had pushed through.
Chairman DiPace asked if there is another detention pond. Mr. Sparandio stated there are two detention ponds. One collects water and slows it down and that goes into the second one. Chairman DiPace stated the silt fence behind that was down when he viewed the site. Mr. Ladd stated they do police it. Chairman DiPace had a concern for those residences where the water is running down into their backyards and driveways.
Mr. Sparandio stated there is the first pond and then the second pond and there is a level spreader which comes out about 100’. It slows the water from the pond. That’s the water that is making its way through the woods.
Commissioner Hickey felt they have to police the problem so that the town doesn’t have to use the bond to remedy the problem.
Mr. Ladd stated no one ever anticipated that October storm with the excess water. There was also one night where there was a four-inch rain storm in an hour and a half. They do address the silt fencing and have installed miles of it.
Commissioner Hickey stated we’re in the middle of winter right now and the spring thaw is a concern. Mr. Ladd stated they will address it. They want to finish the project.
Chairman DiPace stated during the original public hearing, the neighbors concern was drainage coming into their yards. The Commission was told it would not be increased and it has definitely increased. The side of Somers Road is in really bad condition. Mr. Sparandio stated as far as the pond itself, Engineering stated it is doing what it is supposed to do. He added there is no drainage on Somers Road itself.
Chairman DiPace suggested perhaps the drainage wasn’t designed right. There is a great deal of runoff going into the people’s backyards and on to Somers Road. There is a lot that is cleared there now and the concern is the damage that is being done to the road.
Mr. Ladd stated he will work with the Engineering Department and do anything they suggest to remedy the situation within their scope.
Chairman DiPace stated what occurred is Mr. Ladd’s engineer had designed the plans. Town staff said the system works going by the calculations they had. If the calculations were wrong, it is not going to work. There is this water running down and there is a need for someone to take a look at it.
Mr. Ladd stated this water problem was evident in the files in 1983. There was a memo from this Commission to the Council to have the thing looked at and repaired. The Council gave it to Public Works in 1989, the storm sewers, and since 1989, it has not been done. Chairman DiPace stated it is worse now and there is a need to slow it down and get it back to where it was.
Mr. Ladd stated as they develop the site and get the grass and curbs in, it will get back to where it was. Once the roads are in, they catch the water and there is not so much runoff. The water is a lot cleaner. The asphalt plants open in May to do the roads. They are not quite ready for the roads. The sewers are in and they have to do utilities and gas and then they can begin to gravel the roads.
Chairman DiPace asked Mr. Giner to have Engineering go back to the site and have Steve go back up there again during an upcoming heavy rain storm. Commissioner Duren requested feedback in writing regarding Steve’s latest report.
Chairman DiPace stated the Commission asked Engineering to get the Commission a report a couple of meetings ago. Mr. Giner stated they sent an email and were given additional pictures which were received from the Chairman of Inland Wetlands and Mr. Mercier. Mr. Giner will have Steve give a written update on what occurred since his last memo. Mr. Giner will also visit the site with the Engineer and Steve and give the Commission a written report on that.
Mr. Ladd requested that any time there is a problem, that he be notified. The Commission thanked Mr. Ladd and Mr. Sparandio for coming in.
c. Applications to be Accepted.
Mr. Giner brought up an application received today for a change of use on Broad Brook Road to car sales and repairs. Chairman DiPace asked that it be scheduled for March 15, 2007.
Discussion of Somers Road/Shaker Heights Drainage Issues (continued)
Jack Sheridan requested an opportunity to speak regarding Somers Road drainage issues. Mr. Mercier was also present.
The Commissioners explained to Mr. Mercier that they are holding a cash bond in case the work does not get done. Mr. Mercier stated they have not fixed the detention pond. He has been there every day.
Jack Sheridan, Buchanan Road, stated one of the things he knows first hand is Mr. Ladd said the ponds never overflow. Mr. Sheridan is present to tell the Commission that he saw the detention pond overflow twice and once he was up to his knees in water in a basement in the house next to Mr. Mercier’s hooking up two pumps. This never happened before and the people have been there for forty years. The silt is the least of the problem. The big problem is water. This house had a water problem and it happened once a year if there was a wet spring and a big thaw. Yesterday or the day before, the neighbor had to have the septic tank pumped because of water. Mr. Sheridan asked if that detention pond was designed for a twenty-five year storm since it has overflowed twice in the last two years that he knows of.
Mr. Sheridan noted all the trees that have been taken down and all the homes that have yet to be built which will create more of a problem.
Mr. Mercier stated when they build the homes on the cul de sac, the water will go into that retention pond and it won’t be able to take it. Chairman DiPace stated some will go into the storm drains.
Following additional discussion, Chairman DiPace noted the detention ponds are way too small. Mr. Sheridan agreed and stated everything from the top of the hill east flows down into that retention pond. It doesn’t overflow the walls of the pond because they have a pipe.
Chairman DiPace stated the Commission was told that the detention pond is a foot to a foot and a half lower now during construction than the final plan so it will overflow even faster after construction.
Mr. Mercier made several comments ending with a request that the problem be fixed.
Commissioner Duren asked about the name of the agency for soil and water conservation. They have done design work.
Mr. Giner stated the approximate bonds for the erosion and sedimentation control and engineering total approximately $300,000. The bonds are phased and there are several smaller bonds totaling approximately $7,000 for erosion and sedimentation control and there is $300,000 in engineering bonds.
Chairman DiPace asked Mr. Giner if Engineering can do the drainage calculations and come up with suggestions.
Following additional discussion on the size of the pipe, the mechanics of the system, the removal of trees and other items, Chairman DiPace asked that Mr. Giner bring the applicants back with their engineer.
ADJOURNMENT
Commissioner Hickey made a motion, seconded by Commissioner Cooper, to adjourn. Following a unanimous vote, the Commission adjourned at 9:55 p.m.
Respectfully submitted,
___________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
jmr
|