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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
MARCH 15, 2007
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, March 1, 2007 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Vice Chairman Hickey called the meeting to order at 7:30 p.m.
PRESENT: James Hickey, Jr, Vice Chairman
Elizabeth Ballard
Jeffrey Cooper
Charles Duren
Jason Jones (arrived at 7:40 p.m.)
Karen Weseliza
Charles Ladd, Alternate
Kathleen Sarno, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Duren made a motion, seconded by Commissioner Cooper, to approve the Minutes of March 1, 2007, Aquifer Protection Agency. The Minutes were approved by a 6 – 0 – 1 vote with Alternates Sarno and Ladd voting. Commissioner Ballard abstained.
Commissioner Duren made a motion, seconded by Commissioner Cooper, to approve the Minutes of the Regular Meeting of March 1, 2007. Commissioner Ladd made a correction on page 8 and all related motions that he should be voting rather than Commissioner Duren since Commissioner Duren did not participate in this vote. Commissioner Duren made a correction on page 2 regarding attendance at the Connecticut Federation of Planning and Zoning Agencies and noted he was not planning to attend.
The Minutes were approved by a 6 – 0 – 1 vote. Commissioner Ballard abstained and Alternates Sarno and Ladd voted.
CORRESPONDENCE
Vice Chairman Hickey reported receipt of the following: a Summary of Zoning, Subdivision and POCD Referrals from the Capitol Region Council of Governments; two Zoning Enforcement Officer citations to 1 Moody Road dated March 5, 2007; a memo from Sgt. Robert Santanella regarding 1 Moody Road; a memo to Town Manager Matthew Coppler from Wayne Bickley concerning 167 South Road; the Notice of Action from Inland Wetlands and Watercourses Agency dated February 27, 2007; and a Notice of Action from the Enfield Historic District Commission concerning their February 28, 2007 meeting.
COMMISSIONERS’ CORRESPONDENCE
Vice Chairman Hickey noted receipt of the Planning Magazine dated March, 2007.
Commissioner Duren asked about the Mayfield development. Mr. Giner stated that was an approval under the Mayfield Inn which the Commission kept re-approving. Commissioner Duren asked if they are building both the single residences and the central building. Mr. Giner stated those are the conditions of approval. They would have to have the central building constructed before the first certificate of occupancy is issued. Mr. Giner stated Mass Development out of Branford is buying the project but they have been told they have to build what was approved. Mr. Giner stated this project will be monitored at the building permit stage. Mr. Giner further explained the project which will be a fifty-five and over development with continuing care added.
PUBLIC HEARINGS – NEW
a. PH#2593 – Change in previously approved Special Use Permit to increase the number of motor vehicles being sold or repaired on the premises to forty (40) on property located at 534 Hazard Avenue, zoned Business General (BG), Map 101, Lot 206, David R. Sarno, Applicant, Keith Prior and Martin Sullivan, Owners.
Commissioner Sarno did not participate in this hearing. Commissioner Ladd will be the voting alternate.
David Sarno appeared before the Commission regarding this application. He stated he plans on purchasing the building if he gets approved for the increased number of motor vehicles. He has an existing business in Somers for the last nine years. Regarding 534 Hazard Avenue, he plans on paving the existing lot, removing all the pumps, and enhancing the looks of the property. He does not plan to move in until the improvements are completed. Mr. Sarno stated his business will be primarily sales with minimum repairs which will be mostly in-house repairs of his own vehicles.
Commissioner Duren asked if the concrete pads located where the islands are facing Hazard Avenue will be removed. Mr. Sarno stated all five concrete pads will be removed along with the pumps.
Commissioner Duren discussed parking and access. Mr. Sarno stated he is removing the fencing and does not plan to have any towing. There is a middle entrance on Route 190 and that one will be closed. The entrance on Broad Brook Road will be right turn only.
Commissioner Duren requested a map showing what the property will look like following the proposed improvements.
Commissioner Duren asked where the additional parking will come from to make up the 40 spaces. Mr. Sarno stated there will be parking in the rear. Commissioner Duren had a concern about having a revised plan showing the improvements.
Mr. Sarno stated the impound lot is presently dirt and he would like to pave it if he can. Mr. Giner stated this would increase the impervious coverage to more than the regulations would allow.
Mr. Giner instructed the applicant that the Commission needs a better plan showing what he wants to do. He asked that the applicant redraw the plan, show the improvements and mark up what is to be removed. Mr. Giner stated Mr. Sarno can fix up the parking lot but if there are any grass or dirt areas now, they would not be able to be paved.
Commissioner Ballard questioned if she lives on Broad Brook Road, how would she get down the street if there is no entrance on Broad Brook Road. Mr. Sarno stated there is an entrance on Broad Brook Road but the exit is right turn only. Commissioner Ballard noted people that live on Abbe Road would have to come out on to Hazard Avenue to the traffic light. Mr. Sarno stated his business will not be a high traffic business. There will not be a lot of traffic going through the parking lot.
Vice Chairman Hickey stated this is an unsightly corner that needs to be cleaned up. He further noted the request for a waiver of the site plan review plans. Mr. Giner stated the plans are not complete for a new approval. He suggested continuing this hearing in order to receive an improved plan.
Commissioner Cooper asked if there will be building improvements. Mr. Sarno stated he plans to put on a new roof and paint the building. He plans to keep the same color.
Commissioner Jones would like to see a plan of what this area is going to look like.
Commissioner Ladd asked if there will be signs. Mr. Sarno stated there is one freestanding sign existing and he plans to use the existing sign.
Vice Chairman Hickey stated the issue before the Commission is to increase the number of vehicles that are going to be sold on the property. Mr. Giner showed the plan that was approved previously. It would be the same plan with cars added in various locations. The change is there would be double stacking and less customer parking. Vice Chairman Hickey noted that even though the proposal is to increase the number of cars being sold, it will be a less intensive use than was previously.
In response to a question from Commissioner Weseliza, Mr. Giner stated this is a special use permit because the request is to increase the number of cars being sold on the property.
Commissioner Weseliza asked about repairs. Mr. Sarno stated he will do minimum repairs on the property and repairs are not a priority.
Commissioner Ballard would like to see the final plan showing the driveways.
Mr. Sarno stated he will not have any reclaim cars on the property.
Commissioner Cooper would like to see what 40 vehicles would look like in this parking lot.
Mr. Sarno stated when he drew up the plans, he did not realize at the time that he was going to close the center driveway. Commissioner Jones stated this may change the way the cars are located on the property. He would like to see this on paper.
The Commissioners requested that Mr. Sarno meet with Mr. Giner regarding an improved plan.
Vice Chairman Hickey stated one of the conditions that Mr. Sarno needs to demonstrate for the special use permit is that the use is harmonious with the character of the neighborhood and is not going to be injurious to surrounding properties.
Commissioner Jones noted the entrance on Hazard Avenue and asked that Mr. Sarno be careful about the farthest southerly parking spots on Broad Brook Road and how close they are to the entrance. There may be a need to lose a couple of spaces.
Vice Chairman Hickey opened this public hearing to the audience.
Anthony Minalga, 527 Hazard Avenue and diagonal to the property, stated Mr. Sarno definitely addressed some of his concerns as far as fixing up the property. Mr. Minalga has lived here for about six years and in the last five years the property has turned into a junk yard. He understands he lives near a business district and is not trying to stop business. He would like to see the property improved as paint has been peeling on the building, there have been dumpsters over filled with trash, and towed in junk cars have piled up. Mr. Minalga would prefer that the existing freestanding sign be removed and a sign located on the building in order to make this use harmonious with the area. Mr. Minalga asked if there is any gas left in the abandoned tanks. Mr. Sarno stated he will address the tanks in the near future but at this time the tanks are empty.
Commissioner Duren felt the tanks should have been removed previously.
Vice Chairman Hickey stated if Mr. Sarno is purchasing the property, he should have as a condition of the sale to address any environmental issues that might exist. Commissioner Duren noted the applicant does not know if the tanks may have leaked in the past.
Mr. Sarno stated he is purchasing the property and the building. He called DEP and there were no issues. There are tanks in the ground and they are empty.
Vice Chairman Hickey stated he believes Mr. Sarno can purchase the property with the tanks existing. It is a matter of the real estate transaction and a prudent buyer would have a phase one environmental study to ensure the property they are acquiring does not have potential contamination. He suggested Mr. Sarno talk to his attorney about this. This is regulated by the DEP.
Mr. Giner stated if a bank is involved they would be concerned with such issues. Mr. Sarno stated a bank is not involved. Mr. Giner suggested Mr. Sarno make his own inquiries as to what may be there. If he purchases the property, he would be liable for any possible pollution. Vice Chairman Hickey noted Mr. Sarno could potentially be acquiring a liability that he may not want to take on.
Mr. Minalga stated he was concerned with the previous owners because they sometimes had people working at late hours. However, it doesn’t sound like Mr. Sarno is going to be doing a lot of repairs.
Commissioner Weseliza asked about the hours of operation. Mr. Sarno anticipated 7:00 a.m. to 8:00 p.m. with Sunday sales and repairs ending at 4:00 p.m.
Commissioner Ladd stated when Mr. Sarno closes off the entrance, if he extends the grass from one island to another it would help with the impervious coverage.
Vice Chairman Hickey continued this hearing to April 5, 2007. He requested that Mr. Sarno return with a more detailed plan to respond to the concerns this evening.
BOND RELEASES
a. PH#2323 – Request for release of Landscape Bond in the amount of $4,200 for street trees for 7 frontage lots for Shaker Heights Subdivision – Taylor Road.
Commissioner Sarno stated this past week she saw Mr. Mercier and he asked that she drive by his house. She noted it was very warm Sunday and everything had melted. When she drove by Mr. Mercier’s house, it was like an ice skating rink. She felt it was an accident waiting to happen with all this frozen water. It also looked terrible. Commissioner Sarno felt this is an unacceptable situation.
Commissioner Sarno mentioned that one of the owners of the seven homes on Taylor Road contacted her and stated they had water in their basement. This is something they had never had before and Commissioner Sarno did not know if it was coincidental or if it had anything to do with the drainage in the area. Commissioner Sarno is concerned with the drainage issues which may be bigger than anticipated. She felt it really needs to be addressed especially on the Somers Road side.
Mr. Giner reported the Town Engineer, Steve and he went to the site last week during the recent storm. The detention ponds were working the way they were supposed to. The problem they observed was with the level spreader. When the water gets out from the detention basin, there is about 100’ of level area and the water is supposed to spread out. The idea is there is no increase in peak runoff but the level spreader is not supposed to concentrate in one area. The Engineer was going to go back when it is drier and make some recommendations to the owner. Where the water was coming out, the level spreader was on the north side so the water was getting out by a couple of houses before Mr. Mercier’s house and working its way down. This is where they saw the water making its way past the silt fencing. About 11:30 just before the rain stopped, the water was up above the two pipes. It was not overflowing. The problem is something is not working in the level spreader.
Mr. Mercier appeared before the Commission.
Mr. Giner stated the ground was frozen and there was nothing going into the ground. Everything was going on top and into the basins. The level spreader seemed not to be working the way it should. It seemed to be concentrating at one corner of the site. At other areas, there were some breakdowns in the silt fencing and some sedimentation going down. Mr. Giner stated a lot of it is the fact that the road was boxed out and utilities put in and some of it is bypassing the drainage. There are stock piles of dirt that are not protected. There should be silt fencing around them in order not to lose a lot of topsoil. Mr. Giner stated staff is pursing this and he would hope to have a written report to the Commission by the next meeting.
Mr. Mercier stated there is a river going in the back. He presented some pictures of his property and the adjoining property taken this past Sunday. He noted his whole street was frozen solid. Vice Chairman Hickey stated Mr. Mercier can appear before the Commission during public participation at the next meeting. Mr. Giner has indicated the town is pursuing this. Mr. Mercier stated his whole street is getting broken up. Vice Chairman Hickey suggested Mr. Mercier return to the Commission next month and voice his concerns during public participation.
The bond release was tabled.
b. PH#2198.06 – Request by Elm Development, LLC for reduction in Landscaping Bond for Autumn Fields from $15,244 to $3,000.
Commissioner Jones made a motion, seconded by Commissioner Weseliza, to approve the request for Elm Development, LLC for reduction in the landscaping bond for Autumn Fields from $15,244 to $3,000 – PH#2198.06.
Commissioner Duren noted this Commission does not do partial bond releases.
The motion was denied by a 0 – 7 – 0 vote with Alternate Sarno voting.
NEW BUSINESS
a. Bed Bath & Beyond – Request for Commission review of facade signing at Brookside Plaza, 10 Hazard Avenue in a BR District.
Mr. Giner responded to Commissioner Duren’s questions and stated the regulations state if staff does not approve a sign, the applicant can come before the Commission and appeal.
John Holden, Architectural Project Manager for Bed Bath & Beyond, stated he was responsible for the project just completed at Brookside Plaza. At the time that they designed the building, the facade was unusual in that the existing canopy was designed by the landlord and their building was beyond the front wall. They had no involvement with the design of the front canopy. If you look at the elevation on the Bed Bath & Beyond store, there are three arches with the entrance in the left hand arch. When they looked at the elevation when they were designing the building, they wanted to balance the other two arches by installing display cases with graphics. They would be 7’ x 7’ display frames in each of the two arches to balance the building. When they applied for the signage permit for those display cases, they were told it would require a variance. This is the reason for tonight’s application.
Commissioner Duren asked if the display cases will be changed. Mr. Holden stated they will be changed and he presented pictures of some they are presently doing.
Commission members were in favor of the proposed display frames. Mr. Giner stated it is really not a sign but more done to break up the facade for pedestrians.
Commissioner Jones made a motion, seconded by Commissioner Ballard, to approve SAN #1343 as presented for Bed Bath & Beyond. The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
Commissioner Jones made a motion, seconded by Commissioner Ballard, to amend the agenda to add a discussion regarding waiving the mylars for the town’s schools. The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
Mr. Giner stated the mylars cost about $85 per sheet and the schools have 30 sheets for each set of plans adding between $6,000 and $8,000 to the cost of the project. The reason for doing mylars is to put potential buyers on notice as to what the approved plans are. Mr. Giner requested waiving the mylars for the schools and there will be a couple of sets of paper plans for the Secretary to sign. The conditions would be filed on the land records.
Commissioner Duren asked if there was any state requirement for mylars and Mr. Giner responded there was not.
Commissioner Jones made a motion, seconded by Commissioner Cooper, to waive the mylar requirements for school properties. The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
OTHER BUSINESS
a. Applications to be accepted
The following applications were accepted by the Commission:
PH#2597 – Application for resubdivision to separate 3.2201 acres from the property located at 96 Steele Drive, zoned R-44, Map 52, Lot 1, Michael Nelson, Applicant.
A public hearing will be scheduled for April 5, 2007.
PH#2598 – Petition to change zone from BP and R-44 to BL and R-44 on properties at 88 Hazard Avenue and 17 Middle Road, Galaxy Development Group LLC, Poway Associates, Clementine Harris, Mary Witson and Elizabeth Mobley, Owners.
A public hearing will be scheduled for April 19, 2007.
SPR#1393 – Application for soft serve ice cream shop with slide window service at 46 High Street, zoned TVCD, Map 24, Lot 103, Sean Gondarowski, Applicant, Jeff and Angela Foss, Owners.
Commissioner Duren and Mr. Giner discussed the transfer of development rights regulation which is a method of increasing density in urban areas.
The consensus of the Commission was to approve an appraiser, David Bearce of KRC Associates, for the application of Tim Fortune.
ADJOURNMENT
Commissioner Weseliza made a motion, seconded by Commissioner Sarno, to adjourn. Following a unanimous vote, the Commission adjourned at 8:35 p.m.
Respectfully submitted,
___________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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