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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
JUNE 7, 2007
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, June 7, 2007 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Vice Chairman Hickey called the meeting to order at 7:38 p.m.
PRESENT: Anthony DiPace, Chairman (arrived at 7:55 p.m.)
James Hickey, Jr., Vice Chairman
Elizabeth Ballard
Jeffrey Cooper
Charles Duren
Jason Jones
Kathleen Sarno, Alternate
Charles Ladd, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Cooper made a motion, seconded by Commissioner Ladd, to approve the Minutes of May 17, 2007. The Minutes were approved by a 6 – 0 – 1 vote. Commissioner Sarno abstained.
STAFF COMMENTS
a. Town Attorney
Mr. Giner reported on the last case in the Town Attorney’s report, Enfield PZC v. Auchy (167 South Road), an application was submitted today by a new buyer of the property. The Town Attorney’s Office was not pursuing the injunction on this case because there was a chance that the property would come into compliance.
b. Zoning Enforcement Officer Report
Vice Chairman Hickey stated the Zoning Enforcement Officer’s report for May included 35 complaints.
c. Director of Planning
Mr. Giner stated about three months ago, there was a meeting at Town Hall with ConnDOT. Mr. Giner was appointed to be on the advisory committee for ConnDOT. They are looking into the possibility of upgrading their existing service islands along the highways in Connecticut and perhaps installing new ones. Enfield was identified as a spot for perhaps a rest stop/welcome center. They are looking at southbound. Commissioner Duren stated there was one several years ago and it got soundly defeated by the town due to noise. Mr. Giner stated he went to his first meeting and they are also considering such a stop northbound between exits 48 and 49. Mr. Giner stated what is driving this statewide is the amount of trucks that are parked along the ramps and highways at night because of the lack of parking. Mr. Giner added that such state facilities would not be subject to local zoning approval. There will be preliminary public meetings held this summer and Mr. Giner will inform the Commission when they are scheduled.
Commissioner Ladd brought up Cooper Street. Mr. Giner stated that application will be on the next agenda. John Cabibbo informed the owner that there was an ordinance regarding a second driveway cut that had to be approved by this Commission. An application and plans were received and will be on the June 21 agenda. Mr. Giner noted that Engineering did not realize initially that it was a new driveway cut.
Commissioner Duren noted on page two of the Inland Wetlands and Watercourses Notice of Action, it quotes an application from Pappas. He asked if there will be a change necessary before this Commission. Mr. Giner had asked the Town Attorney for an opinion. There are two Pappas applications approved by the court. The three-lot cul de sac was approved with a pump station. Since the other one was also approved, they are putting in a sewer system there and can now have a gravity feed rather than a pump station. This is what the Water Pollution Control director is recommending. Mr. Giner asked the Town Attorney whether that constituted a resubdivision. One of the definitions of resubdivision says if there is a change in the plan that affects any land reserved for public purposes. The Town Attorney informed him this application should come back to the Commission because it was a court case and the plans were approved as such. It should be on the record that the Commission has approved this change. Mr. Giner stated it has to come back to the Commission but it does not have to go back to the court. It would be a plan modification.
PUBLIC PARTICIPATION
Mike Derish asked if he can comment on a public hearing that is on tonight’s agenda. Vice Chairman Hickey stated he would be allowed to comment during that public hearing.
James Breslin, Oakwood Street, addressed the proposed rest stop in Enfield under consideration by the State of Connecticut. He is very opposed to such a rest stop because of the noise and traffic and productive versus unproductive use of land. Vice Chairman Hickey stated the state will have extensive public input and Mr. Breslin can bring up his comments at that time.
James Breslin noted the need for places to build in town and he stated there has to be a balance. In the east end of town, a pretty good job has been done of preserving the agricultural character. The center is suburban and the west is suburban/urban with some unused portions. The concern is there needs to be in the next two to three years an increase in the stock of housing, specifically housing targeted towards people between the ages of twenty-two and thirty. He noted an article in the Connecticut Post that stated the state is going to be in trouble if there isn’t a place for housing to go. The result will be a decline in housing values in the longer term if things continue along the way that they are. This impacts Planning and Zoning in the way of lot sizes and in the way of how the streets are designed. The bottom line is the town that has the people is the town that has the taxpayers and secures the future. Mr. Breslin noted the younger population is moving out of the state in large numbers and this is of significant concern. If there isn’t a place for people to go, they will leave and instead of improving this town, they will improve some place else. Mr. Breslin would like the Commission to look towards preserving the areas of town that have a distinctly agricultural character but also look toward promoting denser development close to the highway and close to transit. This is what a possible rest stop for truckers would take away from. Whatever design is adopted has to encourage less car use because our highways cannot handle much more traffic.
CORRESPONDENCE
Chairman DiPace reported receipt of a letter from Attorney Christopher Bromson regarding 480 Enfield Street, seminar information on zoning regulations, the Capital Region Council of Governments 5/17/07 to 5/24/07 and 5/31/07, a letter from Frank Dubish with photos, correspondence from the State of Connecticut DEP regarding permit number IW-200601083 for a stream channel encroachment, the Inland Wetlands and Watercourses Notice of Action dated May 15, 2007 and the Historic District Commission Notice of Action dated May 23, 2007. There is also the Zoning Board of Appeals Notice of Decision dated June 6, 2007. Chairman DiPace asked about the reason for the last item. Mr. Giner will find out why it was copied for the Commission. He believes it was for consideration of whether the Commission wants to exempt handicapped ramps.
Chairman DiPace reported receipt of seminar information from the Connecticut Economic Development Association and a letter from Town Manager Coppler regarding an 8-24 referral.
COMMISSIONERS’ CORRESPONDENCE
Chairman DiPace reported receipt of the American Planning Association Magazine for June and the College of Agricultural and Natural Resource Journal from the University of Connecticut.
Mr. Giner stated Mr. Cavanaugh is present from McDonald’s. He made a request to add an item to the agenda for discussion tonight regarding the facade of the new McDonald’s under construction. Following some discussion, Commissioner Hickey made a motion, seconded by Commissioner Cooper, to add a discussion on the facade of the new McDonald’s on Elm Street to tonight’s agenda. The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
PUBLIC HEARINGS – Continued from May 17, 2007 Meeting
a. PH#2601 – Petition for zone change from Industrial, I-1 to Residential R-33 for property located at southwest corner of the intersection of North Street and Taylor Road (Assessor’s Map 100, Parcel 1), Pace Construction, Applicant/Edward Carrera, Trustee, Owner.
Attorney Charles Parakilas and Paul Fox, Planning Consultant, appeared before the Commission regarding this continued public hearing.
Attorney Parakilas stated they are seeking a change of zone for two parcels of land at the southwesterly corner of Taylor Road and North Street. One is owned by Edward Carrera and the other is owned by Parkade Inc. of Manchester. The applicant has written authorization from both current owners to bring this application forward. The present zone classification of both these parcels is Industrial -1. The applicant is requesting a change of zone for both parcels to R-33.
Attorney Parakilas stated present tonight is Paul Fox, Steve Riley, the Vice President of the applicant, and William Belleck, the developer. Attorney Parakilas noted that signs depicting notice of this public hearing were posted at the intersection of Taylor Road and North Street in excess of ten days immediately preceding the date of this public hearing. The applicant has submitted a map showing both parcels and all property owners that come within a radius of 500’ of the proposed change of zone.
Attorney Parakilas stated regarding the thirty-five acre parcel of land, following the development of residential homes in the Green Manorville area in 1956-57, the Planning and Zoning Commission at that time approved this thirty-five acre piece which was then in an R-17 zone for 101 residential building lots. This subdivision was called Country Modern Estates and it was to be developed by Green Manor Estates. This subdivision is on file in the Enfield Land Records Book of Maps, Volume 5, page 195. This 101-lot subdivision never got developed due to the tight economy at that time and an over building of single family residential areas. The Town Master Plan was then revised and the zone changed to I-1 for these two parcels. In 1990, an attempt was made to resurrect this subdivision with fewer lots but it failed. Since that time, the zone has remained I-1.
Attorney Parakilas stated the reason for the zone change is housing for the elderly is not a permitted use within the I-1 zone. Housing for the elderly is permitted in R-33. The applicant’s intention is to develop this property for elderly housing under Article 4, Section 41 of the Enfield Zoning Ordinance. The applicant has also submitted an illustrative plan showing the intended use. This concept is a preliminary concept and is subject to a feasible use change. They recognize that merely changing the zone will not directly permit this intended use but it will require further review. The site plan and other required plans will be refined as a result of further study and they will comply with all applicable requirements. The applicants have been in close contact with the Connecticut Housing and Finance Authority and the Enfield Housing Authority. Both agencies were receptive but without commitment at this stage.
Attorney Parakilas stated the portion of the property which the applicant intends to develop for this use is the thirty-five acre parcel at the intersection of Taylor Road and North Street. The interior portion consisting of twenty-one acres is a land locked piece and is not accessible for any industrial use even though it has railroad frontage. This parcel is intended to be reserved as a conservation area of walking and nature trails. The development of this property as intended will entail the replacement and relocation of the sanitary sewer pump station presently located on the west side of Taylor Road. This improvement should be a benefit to the Town of Enfield. The concept plan also provides for a landscape buffer along Taylor Road in order to respect the privacy of both the elderly housing neighborhood and the existing single-family neighborhood east and fronting on Taylor Road.
Attorney Parakilas stated the major problem in keeping this property an industrial zone is that is presupposes a more intensive development of land more than the housing for the elderly use which is intended by the applicant. Industrial development would require a larger footprint, more paving, more impervious coverage and a greater storm water management challenge. To develop the site for industrial use would have a serious impact on the public safety in that the industrial traffic would share Taylor Road with the existing Green Manor neighborhood. Changing the zone from I-1 to R-33 will also reduce the likelihood of heavy truck traffic that would pass by an elementary school and a neighborhood playground. The subject property is reasonably close and convenient to many retail and commercial stores and services available in Scitico which elderly residents would utilize.
Mr. Fox stated the motive for bringing this application is the desire to build housing for the elderly. If that is considered desirable to the Commission, it might be a reason for making this change of zone. They have looked at this situation and come to some conclusions about it. One of the implications of industrial development would be truck traffic on Taylor Road. Mr. Fox recalled the situation on Manning Road with Hallmark Cards. He presented some photographs of the existing conditions on Taylor Road opposite the site.
Mr. Fox stated the implications of the present zoning classification are the present zoning is inappropriate and very problematic. This is not to say that the other industrial property north of this could not sensibly develop given some new and direct access from Moody Road south to serve the area north of North Street. The pump station that would be replaced by the proposed development would be at the lowest corner of the site and could serve by gravity sewer all of the land to the north. The possibility of industrial development northwest of Green Manorville given proper buffering could become a reasonable reality. Right now, there really isn’t any provision traffic wise or sanitary sewer wise.
Commissioner Sarno asked if this is another active adult community. Mr. Fox stated this would be housing for the elderly that they are going to rent. It would be similar to what the Enfield Housing Authority has in the public sector.
Commissioner Ballard asked about the age requirements. Mr. Bellick stated the conceptual plan mimics two existing developments in Rocky Hill and Berlin, Connecticut. These are age restricted rental units ranging in size from 800 square feet to 1,200 square feet. Every unit is entered on grade and there are no stairwells. The age would be fifty-five or sixty-two. This is strictly age restricted elderly housing. There would be the ability to have a large open space for walking with pets. There would be a common area room for a meeting room. The market would be a mix of market and subsidized rental housing. They have not yet determined what that ratio would be. Mr. Bellick pointed out these would be nice large housing units.
At Attorney Parakilas’ request, Mr. Bellick addressed the parcel that abuts the railroad. Mr. Bellick stated there is a large land locked parcel to the west of approximately twenty-one acres. The site is predominantly wetlands and has a pond on it. It is for all intents and purposes undevelopable. Mr. Bellick stated for them it has a real value because it allows them to expand the open space and the ability to have a large walking area for a nominal amount of money. It would also put this property back on the tax rolls for a larger use.
Commissioner Hickey asked if the parcel is land locked by the railroad. Mr. Bellick stated it has no direct road access. The rail does go to the west. The subject property to the west also has a very significant wetlands border between the property they are proposing and the next industrial property. The idea of assembling this property with another property for an industrial use probably doesn’t make much sense. It has a significant wetlands buffer already in place which can be seen to the west side of the border.
Commissioner Duren read two memos relating to this application from two town agencies. One is a letter from Michael Dynia, Chairman of the Enfield Conservation Commission, dated May 15, 2007, and the second is a memo from Ray Warren, Director of Economic Development dated May 9, 2007. Both memos were negative toward the zone change. The second memo recommended changing all the parcels in this quadrant or changing none of them.
Mr. Giner stated this is something that Mr. Warren had asked that he put together a few years back when these parcels started going on the market. He wanted something in the GIS system to show the area and the topography. They had discussed these areas and Mr. Warren’s feeling was if the Commission was going to change anything, to limit it to the quadrant south of Moody Road. Mr. Giner noted there is one parcel that will probably never get developed. The only way you can get into it is through a residential neighborhood. This is not immediately adjacent to the subject parcel. It doesn’t have a lot of wetlands but it does have a lot of steep slopes near the road. You really can’t get any access through Moody Road so this one may make some sense to consider for residential because the only access is through a residential street.
Mr. Giner stated right now the area is zoned all Industrial. If you change one to residential, the next parcel has to limit its activities to 100’ off the property line. This is why Mr. Warren stated if it makes sense to change this zone, we probably should consider changing the remaining parcels to make it consistent in that quadrant. Mr. Warren wants to protect anything west of the tracks. Mr. Giner stated this parcel has some potential because it has some frontage on Moody Road and also the railroad tracks. Mr. Warren would like the Commission to be consistent in the area or not do any zone changes there.
In response to a question from Commissioner Sarno, Chairman DiPace noted the master plan called for this area to be Industrial. The master plan also stated there was not enough Industrial-1 land and that we should look into getting some more. This zone change goes against the plan of development. The master plan is scheduled to be reviewed again next year with a plan ready to adopt in 2009. Chairman DiPace noted the need to keep a balance of residential and industrial zoned land. He noted Enfield has been in balance according to the State of Connecticut.
Commissioner Sarno asked if the zone was changed for the quadrant, how would that affect the rest of the industrial land around it. Commissioner Jones felt it would have a negative effect on it. Commissioner Sarno asked how many acres are involved in the quadrant. Mr. Giner stated most of the useable land is this parcel and the one to the east. He would suspect the parcel where they are proposing the open space is all wetlands. The one to the south of that is escarpment and steep slopes with no access at all through Moody Road. The size is probably the acreage of the first parcel they are considering and about half of that for the other parcel. Mr. Giner estimated this is about fifty-four acres to sixty acres of really useable land. He did not think any of the other two parcels would be useable for industrial.
Mr. Giner confirmed to Commissioner Sarno that the net impact to industrial land would be sixty acres. He reiterated the information about the other parcels noting that two parcels are really useable.
Commissioner Duren stated he received a memo from the Conservation Commission and he wondered what they were basing it on. He went on line with CRI and it is forested and non-forested wetland in that area. It is poorly or very poorly drained soils. They are prime farmland soils or important farmland soils. Commissioner Duren stated he can see the reasons for some of the recommendations from the Conservation Commission.
Chairman DiPace stated there is no aquifer in the area. He thinks that is why it was zoned industrial because in the future you are not going to be able to build anything industrial over an aquifer. The time is going to come when some of the industrial land will have to be rezoned to residential because of these aquifer requirements.
Mr. Giner stated there is a definition in the regulations for housing for the elderly on page 9, definition 46. There are specific regulations on section 4.30.11 which govern that. The amount of acreage would be two and a half acres. There is a maximum density of 16 dwelling units per acre allowable, 25% lot coverage, 60’ front yard setbacks, 50’ side and rear setbacks, and 35’ maximum building height. The minimum floor area for a studio efficiency is 600 square feet, one bedroom is 800 square feet and two bedroom is 1,000 square feet.
Mr. Fox stated he is extremely familiar with all of this land and the problems and opportunities it presents. He presented a letter that addresses some of the points raised. He noted the building ground coverage that is shown on the site plan totals approximately fifteen percent which is far below what would result with industrial development. He submitted the letter for the record.
Commissioner Jones noted the fifteen percent would include the undevelopable parcel.
Mr. Fox stated what immediately became apparent with bringing this application is the need to review the block south of North Street to see what reasonably might result in terms of industrial development and the problems that would result from that. The parcel to the west that has frontage on North Street and the railroad has wetlands in the eastern part. As the letter mentions, the only interest in that property that Mr. Fox was privy to some fifteen years ago was a transfer station for hazardous waste from rail to truck. It might have been a rumor or an actual inquiry but if you do look at the block north of North Street, Moody Road on the north, Taylor Road on the east, the Commission ought to look at getting some access directly off Moody Road into the heart of that so that you are not traversing Taylor Road. This would be similar to the Manning Road situation with Hallmark Cards with conflict between residential and industrial. Mr. Fox discussed post World War II and if there had been zoning, all of that land should have been an industrial park rather than a residential neighborhood.
Mr. Fox stated this property has been available for a long time. What they are trying to do here is something that is friendly to the neighborhood and very desirable and needed in town. This is an application about a change of one use class to another and not about an elderly housing development yet. Mr. Fox did some sketching as far as R-33 versus R-44. It is not practical to subdivide this land with construction of a new road to the interior. There is no return on that. The difference in the lot yield between R-33 and R-44 is fourteen lots versus twelve. This is the exposure if the elderly housing did not happen. This is setting aside the sewer issue. Mr. Fox cannot see anybody doing anything like that with the property because it would not economically work. They would have to replace the pump station for a few homes.
Chairman DiPace opened this hearing to the public.
John Schlatz, South Road, stated right now all this water that comes down Taylor Road goes through that field out into the back of the woods. There was nothing mentioned if they are going to change that. He doesn’t feel like having any more water on his property from across the road. Mr. Schlatz stated he had people looking at his land from the Midwest. They were interested in it but they said it wasn’t feasible to build because of energy costs, high taxes and high relocation costs. Mr. Schlatz stated he has lost three sales already.
Mike Derish, 424 Taylor Road, asked if it would be one family on three-quarters of an acre or one building with twenty-five families. He asked how many units and families we are talking about inside that area. Mr. Derish stated you have Shaker Heights and you have Green Manor that go along North Street, it takes a sharp left into the fields and into the pond. This is where all the storm sewers dump into. They talked about making a path through there and with storm sewers, Mr. Derish did not feel you want to do that. He has no objection to these units but he is hoping they plant trees and shrubs. He asked who would be responsible for the maintenance of this elderly housing project once Pace builds it. They are going to have two entrances. Are they going to come out on North Street? Obviously, they are going to come out on Taylor Road. Mr. Derish stated Taylor Road is a terrible road and the town has done nothing in two years to help out the residents regarding the tractor trailers. If they can put these housing units in and get rid of the tractor trailers, Mr. Derish is for it. He would rather look at these houses than look at industrial buildings that go vacant in ten years after they are built.
Virginia Higley, 48 Saphire Street, noted that Taylor Road is a state road and you cannot stop tractor trailers from going on a state road. Ms. Higley shared a listing of the largest taxpayers in Enfield. They are Hallmark Cards, Lego Systems, Mass Mutual and Enfield Square. None of these are in residential zones. Ms. Higley has also read that the Town of Enfield is struggling to keep its taxes down and its services up. She did a little research and found out that the industrial tax rate on land is approximately three times as much as the residential tax rate on land is. If industrial land is turned into residential land, citizens will be deprived of relief on their taxes. Businesses will not come to a town that has a high tax base. Nearby parcels are currently zoned industrial. Ms. Higley called the Commission’s attention to the zoning domino effect – change one and others will follow. A perfect example is Elm Street which was previously all residential and now is significantly business. Ms. Higley feels if one industrial parcel is changed, someone else is going to come through that door and make the same case. She believes that industrial districts have fewer demands on town services such as police, ambulance services, schools and senior services. Once a district is zoned R-33, anything that is allowed in R-33 can be built. There is nothing to stop it from becoming an R-33 subdivision or an R-33 open space subdivision which has more housing on less land. Regular housing will impact our schools while senior housing will tax our already overburdened senior services. Ms. Higley also has a concern on drainage issues with the proposed zone change. The Commission is aware of the drainage issues in Shaker Heights. She found out that this runoff affects property all the way to Hazard Avenue. All the runoff on the roads goes into catch basins that are collected throughout Taylor Road including Green Manor. These storm drains gather and funnel all the water under the railroad on to a parcel of property which she owns that fronts on Hazard Avenue. This is a parcel that they plan on turning back into farmland.
Ms. Higley stated the 2005 storm was mentioned and it caused the catch basins in that neighborhood to flood. She has concerns about future development impacts because it is all flat. The Commission has been dealing with irate concerned citizens whose quality of life has been lessoned due to the damage at Shaker Heights. The runoff flooded several of the houses in the surrounding neighborhood and they are still dealing with the problems. If the zone change request is successful, Ms. Higley feels there will be less impervious surface and more water runoff. The catch basins still will run directly on to private property and spread out. There will be a greater increase in volume of water which will result in a runoff having a larger force which will impact soils, including farmland soils. Ms. Higley pointed out in the Plan of Conservation and Development, this area is designated industrial. Town employees and town citizens worked hard putting this document together. This proposed zoned change is not in keeping with the Plan of Conservation and Development. Ms. Higley urged the Commission to deny this application.
James Breslin, Oakwood Street, asked a question about the proposed elderly housing specifics and was directed by Chairman DiPace that this is only a zone change application. Mr. Breslin stated the question is whether or not residential is appropriate for this area. His inclination is that it is not because it is in the east end of town where the uses are agricultural and industrial. There really isn’t the infrastructure in place to support development there. Mr. Breslin asked what is going to be the impact on utilities and town resources for all of this. They speak of it being senior housing. Will this increase the social services budget? Will it increase the budget for any of the other town departments? To what extent will this be offset by the rents being collected? Mr. Breslin stated before the Commission votes, they should get substantiation about these questions from the applicant. If this is going to bring senior citizens from out of town into town and increase the dependency on senior services, this is not the place to put it. The larger issue is the agricultural nature of the property which does produce a very high yield in terms of tax considering the impact. Mr. Breslin is opposed to a use that isn’t going to provide an equally high yield to the town.
Mr. Breslin noted the property owners are located out of state and he has less sympathy for them. These people want to develop property to the adverse benefit to the residents. The concern is will these be more out of town landlords. Mr. Breslin is really opposed to this unless the applicant can provide better substantiation on what the impacts to the community are going to be. The applicant has laid out on the table that it is a zone change to R-33 with the idea of senior housing being constructed on the property. The developer does not have to follow up on this. Mr. Breslin questioned the long-term demand for senior rental property. His concern would be the impact of possibly vacant units occupied by non-senior citizens like SSI recipients. He noted the impact versus the infrastructure just isn’t in place.
Karen LaPlante, 166 North Maple Street, thought the Conservation Commission letter was right on the money. It doesn’t follow the Plan of Conservation and Development. She thought Chairman DiPace’s comments were significant regarding the industrial land being restricted under the Aquifer Protection Act. This will have a big impact on the industrial use in Enfield and that has to be a consideration when we are rezoning valid industrial land to a different zone. Ms. LaPlante also felt Ms. Higley made some valid points this evening and she asked that the Commission consider all these things before voting on changing the zone.
Mr. Fox stated they were aware going into this of the issues that were imbedded in this whole proposition. They will have to handle the storm water management issue so there isn’t any impact at all downstream. There is an engineering review and the Inland Wetlands Agency will see it first. To satisfy them, they will be meeting a very high standard. Mr. Fox thought this Commission really has to look at the lots south of North Street in terms of possible changes to the Plan of Development. He doesn’t think that has been thought out too well in terms of this particular block and what it means to develop it from an industrial standpoint. Mr. Fox thought there would have to be investments made to the north of North Street in order to make that happen.
Mr. Fox stated as far as housing for the elderly is concerned, it has been more than twenty-five years since the last private opportunity surfaced with Scitico Gardens. This is something that doesn’t come along very often. They believe there is a demand for such housing of indefinite duration. Mr. Fox asked that the Commission read the letter he handed out which may answer some of the questions that have arisen. It might be a good idea to continue this hearing to another night because there may be questions from the letter.
Attorney Parakilas stated he has been a proponent for applicants before this Commission for the past fifty years and he has learned where there is opposition, they have a way of dumping all the ills of the neighborhood on the applicant. Attorney Parakilas would like to allude to the two letters that were submitted by the Director of Economic Development and the Chairman of the Enfield Conservation Commission. This is once again dumping the ills of the neighborhood on the applicant. Attorney Parakilas finds no quarrel with what they say but he finds that these concerns are valid for every property north of North Street and Taylor Road. He questioned if the Commission wants tractor trailers driving down at the intersection of Scitico and I-190. It would be a nightmare.
Attorney Parakilas stated whether the Commission changes this to industrial or anything else, they had better do something in revising the master plan because there is a serious problem south of North Street and Taylor Road.
Chairman DiPace continued this hearing to June 21, 2007.
OLD BUSINESS
a. Bond Releases
1. PH#2516 – Request for release of $296,400 Engineering Bond and $4,500 Erosion and Sediment Control Bond for Medical Building at 7 Elm Street.
Frank Troiano appeared before the Commission regarding this bond release. Commissioner Duren noted the information says that a copy of the response from ConnDOT should be submitted for the file. He asked if that should be a condition.
Chairman DiPace read a letter from John Cabibbo dated April 13, 2007 noting two items that need to be addressed. Mr. Giner stated everything has been done. He left the meeting to get additional correspondence.
Commissioner Jones made a motion, seconded by Commissioner Ballard, for a recess. Following a unanimous vote, the Commission recessed at 9:14 p.m. They reconvened at 9:21 p.m.
Mr. Giner stated on April 13 Mr. Cabibbo stated the block island needs to be repaired and there was a sign missing on the western most driveway. He recommended release of the erosion and sediment control bond.
Mr. Troiano stated the block island was repaired and accepted by DOT. They have not submitted anything in writing.
Chairman DiPace asked about the cost of the block island repair. Mr. Troiano stated it would probably be under $1,000. The reason why the repair was needed was to have it be a more permanent item. Mr. Giner stated Mr. Cabibbo did not have any issues with the island. The island was formerly paving stones and they were changed to concrete.
Commissioner Cooper made a motion, seconded by Commissioner Jones, to release the $296,400 Engineering Bond and the $4,500 erosion and sediment control bond for PH#2516, Medical Building at 7 Elm Street. The motion was approved by a 7 – 0 – 0 vote. Commissioner Ballard was not present. Alternates Sarno and Ladd voted.
b. Preliminary Discussion with a representative of Brinker International, the Developer for “On the Border”. (Tabled from May 3, 2007 Meeting.)
Kurt Overmyer, 6820 LBJ Freeway, Dallas, Texas, and Donald Ukers appeared before the Commission regarding “On the Border” Restaurant. Mr. Overmyer stated they are back to discuss building elevations that came up in the May meeting. He presented color copies of the proposed building. Chairman DiPace noted the Commission’s concerns have been addressed.
Chairman DiPace asked if the dumpster enclosure is near the stop bar. He asked if it could be moved to the other side of the building to get it away from the intersection. Mr. Overmyer stated the rear exit is on the lower left side of the building. Because of the building setback and the size of the building, there is not much room between the back of the building and the curb to provide the secured access for trash.
Chairman DiPace stated he is happy to see they have addressed the driveway coming out. The new plan is a much more workable site plan.
Commissioner Duren asked about the front of the building and whether it is north or south. Mr. Overmyer stated the front elevation faces north or faces Elm Street. Commissioner Duren asked that north be designated on the plans submitted.
There were no other concerns from the Commission.
b. Discussion of Somers Road/Shaker Heights Drainage Issues
Chairman DiPace stated he received an email today from Mr. Giner and the pipe and necessary materials to fix the Somers Road drainage issues have been delivered to the site and they are planning on starting Monday to install the pipe.
Mr. Giner stated completion would be at the maximum six days from the start of the project. Chairman DiPace noted by the Commission’s next meeting that pipe will be installed.
Mr. Giner stated the construction was put off until Monday due to the weather conditions. Some discussion followed regarding the rainfall that occurred during the week.
Mr. Giner stated there was an issue from one of the neighbors of the access road and that it would create sort of a dam out there. They are going to install an equalizer pipe once the work is completed. By the next meeting, this should be in place.
Chairman DiPace asked if any c.o.’s are being issued. Mr. Giner stated none are as far as he knows. He will check with the Zoning Enforcement Officer.
Mr. Giner stated the pipe to the spreader will be blocked but there will still be an overflow possible. The detention basin will still be there as an emergency spillway. During construction there will be someone from Engineering inspecting the process. Any improvements will be up to the town to maintain.
Mr. Giner brought up the maintenance plan for the town. Public Works stated they do maintenance on a rotating three year basis for catch basins and outfalls.
John Cappiello, 18 Somers Road, asked who is going to put some rip rap where the water spills out. He asked if that is the developer’s responsibility or is that the town’s. Mr. Giner advised Mr. Cappiello to contact Jeff Bord in the Engineering Department who will be inspecting the project.
Mr. Cappiello stated it is not tied in yet but once it gets tied in, it is going to be a problem. He noted it is an incomplete project again and he is going to have water and will have to contact the town to come down. Mr. Giner stated it is the town’s outfall right now and they are responsible for it. Mr. Cappiello suggested fixing the problem before it becomes a problem.
Chairman DiPace stated he asked Mr. Giner to have Engineering and staff go out and take a look at the area. Mr. Cappiello stated he took a walk out there with Jeff Bord a couple of weeks ago. He is noting the way it is now and the way it will be after it is completed. Mr. Cappiello showed Mr. Bord that there is going to be a problem. There is silt there now and when you triple the volume coming out of that pipe, there’s going to be a problem. There’s a steep bank there and it drops down six feet. Chairman DiPace advised Mr. Cappiello to come back before this Commission if there are additional problems. Mr. Cappiello felt it would be cheaper to address the problem now.
Commissioner Jones noted the Commission does not have the plans and it is a project through Engineering so it is difficult to respond to the questions. Chairman DiPace felt the area should have rip rap. Mr. Cappiello stated the concern is if a fifteen inch pipe is going to have the capacity to handle the volume. In his opinion, it is going to erode more and it would be smart to put something there before it does. Chairman DiPace stated this is the town’s problem.
Mr. Cappiello stated the pipe ends right at the edge of the road and before it becomes a problem, some stone should be put there.
Mr. Giner stated the control the Commission has is over the development. The other items become a Public Works project which is through the Town Council. This Commission has to rely on the Town Engineer’s report.
Commissioner Jones asked if the Commission can follow up with the Town Manager.
Chairman DiPace stated for the next meeting, the Commission would like to know if they are going to do something to address Mr. Cappiello’s concerns. Mr. Cappiello stated his concern is the fifteen inch pipe and tripling the volume with a chance that the road will collapse. Mr. Giner will have Mr. Bord inspect the outfall before it goes in and report on the condition.
Chairman DiPace stated the pipe will come down Moody Road and tie into the intersection. Mr. Cappiello stated it will tie in where Dan Wright’s yard meets with the Smith estate. Mr. Giner stated there will be a new catch basin at the corner of Moody and Somers Road.
Joanne Divenero, 23 Somers Road, stated as she drives by the access road, she sees the grass on the flat level but all along the side is still all the mud and the silt that’s completely exposed. She has been flooded again this week from the rain. The cause is from the project. She asked about all that mud. Even after they put the pipes in, if there is a hard rain, where is all the silt going to go. It will still be running into her yard.
Mr. Giner stated the report he received from Engineering indicated the ground cover is starting to take along the sides of the road. This should hold back a lot of that. The whole upper part of the road should be paved by the end of July.
Ms. Divenero stated that is on the top level but she is talking about the sides. The embankments are all open silt that comes down to her area. The whole street was flooded again with silt and mud last week. Mr. Giner stated that may be coming through the level spreader and the level spreader will be blocked.
Ms. Divenero stated she is really in a hardship from all of this. Her home is the worst on the street. She is trying to sell her home and this is causing her such a hardship. She thanked the Commission for being a champion for the residents of Somers Road.
Chairman DiPace stated hopefully by the end of the week the project will be completed and the water table will start coming down. The Commission will keep a close eye on this.
NEW BUSINESS
a. Section 8-24 Referral from the Town Council regarding the sale of Asnuntuck Community College property to the State of Connecticut
Commissioner Duren made a motion, seconded by Commissioner Jones, to recommend approval to the Town Council of the Section 8-24 referral regarding the sale of Asnuntuck Community College property to the State of Connecticut. The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
OTHER BUSINESS
a. Discussion on an additional condition of approval for all carnivals, circuses, etc. to allow list of names of all employees with date of birth for Fire Marshal and Police Chief review.
Chairman DiPace stated currently Mr. Giner handles carnivals and circuses administratively. There have been a few crimes and unfortunately with the problem in town recently with the child missing, there were concerns from the Police Department. They requested in the future that they be given a list of all employees’ names and dates of birth for checking purposes. Mr. Giner stated the concern was whether this could be handled by ordinance or land use. Normally the Commission does not deal with the person. Chairman DiPace stated the Commission can approve their part and then send it to the Town Council.
Commissioner Duren stated the Commission should add it to their regulations. Mr. Giner will check with the Town Attorney. He is worried that someone will claim it is grandfathered because they have been doing it for years. As a zoning issue, you run into those kinds of problems. Mr. Giner will write something up and run it by the Town Attorney.
a.1. Discussion regarding McDonald’s.
Mark Cavanaugh, Construction Manager with McDonald’s and George Gomez, the franchisee, appeared before the Commission regarding this discussion.
Mr. Cavanaugh stated the project is under construction. When the project was approved, there were a number of color photographs passed out and the decision was made that this was the approved color scheme. As they are moving forward in construction, Mr. Gomez has asked if they can change to a different color scheme. Instead of the choice selected, the change would be to a terra cotta brick instead of the khaki color approved. Mr. Cavanaugh showed the color to the Commission.
Chairman DiPace stated this is one of the two choices the Commission was originally given. He stated the actual brick does look lighter. The proposal is to do the red brick with the dark brown stripe. The net effect is it is a darker looking building from the original approval.
Following further discussion, Commissioner Hickey made a motion, seconded by Commissioner Cooper, to accept the modification of the dark terra cotta brick option for McDonald’s on Elm Street. The motion was approved by a 7 – 0 – 0 vote.
b. Discussion of Regulations
a. Signs in Design Districts
Mr. Giner will write up a change to the regulations regarding signs in design districts and it will be discussed at the next meeting.
b. Boulevards
Mr. Giner presented a copy to the Commission previously of what Somers does regarding boulevards. It is a public road but they set up a private association to maintain the center line. The town doesn’t have to expend any funds. Mr. Giner stated boulevards would be more for those properties that are left over with one way of getting in. Enfield’s regulations require two ways in and out. Following additional discussion, Chairman DiPace directed Mr. Giner to provide this information to the Commission in their next meeting packet.
c. Accessory Buildings in Industrial Districts
This item will be scheduled for a public hearing on July 12, 2007. It has been sent to CRCOG.
d. Funeral Home Regulations
Chairman DiPace stated funeral homes are proposed to be allowed in R-33 and R-44 with a minimum acreage. Chairman DiPace would like to know if the Commission can be shown the vacant parcels left in the town where such funeral homes could be located. Mr. Giner will do this.
Mr. Giner noted if the acreage is five acres, it may put the Leete Stevens Funeral Home into nonconformity. Chairman DiPace stated the HR-33 was a mistake for funeral homes. Chairman DiPace asked that Mr. Giner schedule this item for a public hearing on July 26, 2007.
e. Hazardville Design District
Mr. Giner stated there are some design guidelines for Hazardville that were attached to a study done on Hazardville.
f. Other
Commissioner Duren brought up the possibility of adding a moratorium on senior housing.
Mr. Giner stated he had a call from Integrity Marshal Arts who is working with the Police Explorers. They want to have a safe children event at the mall on June 30, 2007 and they wanted to bring in a helicopter to show the children. When the Commission adopted the temporary landing regulations, they limited them to residential zones. He asked if the Commission would like to add commercial zones to be able to do temporary landings. Mr. Giner has told the Police Explorers that it is not now a permitted use. Further discussion of other helicopter landings followed. Ms. LaPlante in the audience suggested adding that state or federal organizations do not qualify for the restriction. Chairman DiPace stated the regulations were changed to allow landings for municipal and non-profit organizations.
Applications to be Accepted
The following applications were accepted by the Commission:
PH #2604 – Petition for a text amendment to Table 4.20 and Table 4.10 to taking/funeral establishments as permitted uses in HR-33 and allow in R-44 and R-33 to increase building coverage maximum from 15% to 20% in R-44, Town of Enfield Planning & Zoning Commission, Applicant.
A public hearing will be scheduled for July 26, 2007.
PH #2605 – Petition for text amendment to Section 3.30.7 to allow accessory structures in Industrial and Business District to be located behind the front building line, Town of Enfield Planning & Zoning Commission, Applicant.
A public hearing will be scheduled for July 12, 2007.
PH #2606 – Application for a Special Use Permit for medical office for patient service facility at 54 Hazard Ave., Zoned BR, Map 56, Lot 26, Quest Diagnostics Inc., Applicant/C/O Samuels & Associates, Owner.
A public hearing will be scheduled for July 12, 2007.
SPR #1404 – Application for modification for installation of an above ground fuel oil storage tank adjacent to the southwest corner of the building at 101 Phoenix Ave., Zoned I-1, Map 46, Lot 1, Retail Brand Alliance, Applicant/ Owner.
SPR #1405 – Application for conversion and re-striping of parking lot to accommodate parking of trailers at 555 Taylor Rd. (Lego Campus), Zoned I-1, Map 99, Lot 11, Equity Industrial Enfield LP, Applicant/Owner.
Commissioner Sarno made a motion, seconded by Commissioner Ladd, to schedule a public hearing for SPR#1405 for June 21, 2007. The motion was approved by a 7 – 0 – 0 vote.
SPR #1406 – Application for opening a martial arts school at 95 High Street (Unit #8), Zoned TV, Map 25, Lot 6, David J. Ciemniewski, Applicant/SRT Associates, Owner.
SPR #1407 – Application for a used truck dealer with accessory towing and storage for cars, trucks and equipment at 167 South Road, Zoned I-1, Map 55, Lot 81, Joseph Bosco, Applicant/Contractors Realty Group, LLC, Owner.
SPR #1408 – Application for expansion of existing parking at 25 Bacon Road, Zoned I-1, Map 95, Lot 2, Hallmark Cards, Inc., Applicant/Owner.
ADJOURNMENT
Commissioner Jones made a motion, seconded by Commissioner Ballard, to adjourn. Following a unanimous vote, the Commission adjourned at 10:25 p.m.
Respectfully submitted,
_________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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