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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
JUNE 21, 2007
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, June 21, 2007 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman DiPace called the meeting to order at 7:40 p.m.
PRESENT: Anthony DiPace, Chairman
Charles Duren
James Hickey, Jr.
Karen Weseliza
Jason Jones (arrived at 8:30 p.m.)
Charles Ladd, Alternate
Nicles Lefakis, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve the Minutes of June 7, 2007. The Minutes were approved by a 3 – 0 – 3 vote. Commissioners Weseliza, Ladd and Lefakis abstained.
CORRESPONDENCE
Chairman DiPace reported receipt of a memo regarding the Farmers’ Market which starts on Wednesdays. Also received was a letter from Wayne Bickley to James O’ Donnell, 38 Roosevelt Boulevard regarding a commercial truck in a residential zone, the Notice of Action dated June 5, 2007 of the Inland Wetlands and Watercourses Agency, the Zoning Board of Appeals Notice of Action dated June 5, 2007, a letter to Frank and Suzanne Dubish, 42 O’Hear Avenue, from Mr. Giner responding to their letter, and a letter from Enfield Deck Hockey Park to Mr. Giner. Regarding the last item, Mr. Giner stated the original owner just purchased the property from the last owner of the Deck Hockey Park. He would like to come in for an informal discussion. Chairman DiPace requested that Mr. Giner put this on the next agenda.
COMMISSIONERS’ CORRESPONDENCE
Chairman DiPace reported receipt of the Connecticut Economic Development Association correspondence and the American Planning Association book for May/June, 2007.
Mr. Giner reported last month he received a call from CRCOG. There were some farm friendly regulations proposed and some meetings that CRCOG was going to hold. One of them will be on July 11 in Ellington. Mr. Giner asked if any Commissioners wanted to attend. He will find out the specifics and email them to the Commission. Mr. Giner stated CRCOG has been doing this agricultural viability project over the past couple of years and now they want to meet with commissions and plead their case for farm friendly regulations.
Commissioner Ladd brought up 33 North Maple Street. He has had some people ask him why the Commission allows this place to be in such a state of disrepair. There is no siding on the home and there is junk in the yard. Mr. Giner will ask Mr. Bickley if they have been cited previously. Commissioner Ladd felt this should be enforced under the blight ordinance.
Chairman DiPace brought up the commercial uses off Shaker Road. He noted concerns have come up in the area and the residents that live off Shaker Road had concerns about the noise generated. On a nice calm night, he can hear noise all the way to his home which is three times further from these residents. The noise ceases about ten o’clock. Mr. Giner stated the noise ordinance is administered through the Police Department. He has a meter in the office which he can use to check on the noise. Mr. Giner added complaints have been received about Martin Brower and their refrigerated trucks.
PUBLIC HEARINGS – CONTINUED FROM JUNE 7, 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. (Must close tonight)
Chairman DiPace stated he will put a five minute time limit on those members of the public that wish to speak regarding this public hearing.
Attorney Charles Parakilas and Paul Fox appeared before the Commission regarding this application. Attorney Parakilas stated there were some concerns raised by Ray Warren and Michael Dynia of the Enfield Conservation Commission. In response to that, he submitted a detailed letter to the Commission. They find no major faults with the concerns of these two town individuals provided that it applies to everything west of and north of the parcel being discussed. To leave this parcel Industrial would be a grave injustice to the Green Manor neighborhood. Also, it would have an impact on Route 190 and Scitico. Attorney Parakilas felt it was wrong to put it in an industrial zone classification several years ago and it is wrong to leave it in an industrial zone classification. In their opinion, the zone should be changed to residential.
Mr. Fox stated the objective is to avoid land use conflicts and public safety issues that are adverse. As he pointed out two weeks ago, the traffic an industrial use would generate would adversely affect the people along Taylor Road. It would be a repeat of the experience on Manning Road years ago. Mr. Fox noted converting this to a residential zone would eliminate that possibility substantially and would also make possible some compatible uses. If all the land between the railroad and Taylor Road, North Street and Moody Road was placed into one parcel, the issue of access would evaporate because you could access it from Moody Road. Failing that, a proper plan would be to provide some new separate access from Moody Road south to serve that area and not consider industrial traffic on Taylor Road. Mr. Fox stated these are things the Commission will have to consider in their review of the comprehensive plan.
Mr. Fox discussed several major projects in Windsor and he encouraged the Commission to view what is going on there. The Town of Windsor has addressed the problem of separating industrial and residential neighborhoods traffic wise. They have come forth with a clever and workable round about which enables access for any emergency vehicles but discourages tractor trailer traffic going from an industrial area through a residential area. Mr. Fox presented a picture of this to the Commission. That round about is located on Rainbow Road south of the airport. It would be, in Mr. Fox’s opinion, a good thing to install where Sheridan Road meets Taylor Road because that would separate quite a bit of Green Manorville from any future industrial traffic. Chairman DiPace noted Taylor Road is a state road. Mr. Fox stated the state can become involved and it is something to consider. Mr. Fox elaborated further on different areas of Windsor and he encouraged the Commission members to visit Windsor.
Attorney Parakilas discussed the developers and stated they are no strangers to the Town of Enfield. Bill Bellock was the principal who developed the Scitico Gardens apartments. The other man, Steve Riley, used to work for Nick Dellaquilla of Enfield Road Construction.
Bill Bellock presented some material to the Commission. He noted that Scitico Plaza was developed approximately twenty years ago. He believes this was the last age restricted rental project in the Town of Enfield. He distributed some information based on some of the comments and questions from the last public hearing. The property is currently assessed as farming/open space pursuant to Public Act 490 of the Connecticut General Statutes. The taxes are currently $640.40 per year. It is currently being farmed on an annual basis by a local farmer. The second parcel which is part of the application which is the old Cranston Parkade property which is the land locked portion is currently in arrears for taxes for a few years and has a negligible assessment. The question came back about the buffer requirements between industrial and residential zones. With this property, it would be to the west side of the property which would be the Calibash LLC property towards the rail to the west. Mr. Bellock noted the Town of Enfield regulations require a 150’ setback. That portion of their site is well over 300’ from their closest unit to that area. It’s a function of topography and wetlands. In effect, they have doubled on their property the setback requirements prior to any other industrial setback on the other side. Mr. Bellock added as a transitional use, he has done four age restricted projects in other towns and in each of those towns the age restricted portion was a location between a commercial use. Part of the emphasis was that it was a transitional use. It is still residential in nature but it is a more intensive use.
Mr. Bellock stated going back to the Plan of Conservation and Development, the last time it was updated was 1998. He has been in real estate for thirty years and in 1998 the concept of age restricted active adult communities was very limited. The Plan of Conservation and Development which is up for revision doesn’t specifically discuss age restricted housing in any form. The only time that senior housing shows up in the Plan of Conservation and Development in any form is in the community opinion portion where they say there is a strong support for senior housing within the town. Mr. Bellock agrees with that and noted it has been twenty years since the Town of Enfield has built an age restricted rental property. He noted we are facing an aging Enfield population. Mr. Bellock stated he hopes this project will ultimately be approved by this Commission. He noted he showed the Commission projects in Rocky Hill and Berlin. The one in Berlin is 120 units on ten acres and it is age restricted subsidized with some market rents. Enfield doesn’t have this type of project and is an ideal community for this type of project because of its size of the population base and all the amenities in the town. This is age restricted rental and it is for the most part for people who sell their homes and want to stay in the community on an affordable basis. Regarding the site, you need a site large enough to allow the number of units to support the amenities such as a club house with an activity room or walking trails. There are specific projects that they are modeling this application after and that is what Mr. Bellock tried to present to the Commission today.
Chairman DiPace opened this hearing to the audience.
Patricia Olsen, Taylor Road, stated she doesn’t care to see a change in zone. It is zoned industrial for a very good reason. She has lived in her home for forty-seven years. She discussed the problems with pesticides in the area and the cancer that has permeated the neighborhood. She knows there were problems with pesticides on that property and her husband wrote many letters to DEP. She was in favor of a nice industrial plant on the parcel.
James Breslin, Oakwood Street, spoke against the proposed zone change. There are some issues he would like to address. The first one is the logic being offered by the applicants as to why this needs to happen. The application is for a zone change from Industrial to Residential and they say it is a detriment to the town to leave the zone Industrial. Mr. Breslin read the Planning and Zoning regulations and they state that a site plan approval shall be required for all industrial uses. Right now the use is agricultural so any individual developer would need to submit a site plan to this Commission. They want to push things from zero to fifty and to this Mr. Breslin is opposed.
Mr. Breslin stated the second issue he would like to cite is the false precedent raised by the applicant at the last meeting. The applicant stated the area had been planned for residential construction in 1956. Well, that was before the adoption of the Plan of Development. Enfield then said they have to control how we build and where we build. Mr. Breslin stated there is also an environmental issue which includes the loss of agricultural land and the loss of Enfield’s character. He visited the site and the applicant said one of its highlights was closeness to Scitico Village. Well, it is at least a half mile to a mile from the proposed location to Scitico Village. It is not going to be accessible for senior citizens who are transient dependent.
Mr. Breslin is concerned that as time goes by the demand for social services will increase. He noted although this is senior housing, the public units in the development must first be offered to those on SSI before they go market rate. This is of concern. For these reasons, Mr. Breslin opposes this development and he submits these comments to the Commission for their consideration.
Eileen Cybulski, 27 Somers Road, and also having property on Cybulski Road, is opposed to this zone change. They are talking about 200 apartments. They say now they are age restricted but what is to happen if they come in with an application for low income housing. Ms. Cybulski thinks that 200 apartments would generate a lot of traffic. If there is any chance for low income, that is an opportunity for more trouble similar to what has happened in Thompsonville. The town would need more taxes because they would need additional police. There would be more impact on the schools and an increase in property owners’ taxes to support all that.
Ms. Cybulski noted Suffield has in the past year saved about eight or nine farms. She thinks Enfield should look into this instead of developing every square inch of the town and especially with this type of development. She does not think Enfield needs 200 apartments.
Gretchen Pfeifer Hall, 4 Somers Road, stated she was not at the last public hearing and Attorney Parakilas mentioned the letters from Ray Warren and Mike Dynia. She asked if those letters were read into the record. Just for clarification she stated the letter was not just from Mike Dynia. It was from the Commission. There was some brief mention of the taxes that were generated because of the agricultural use. She would like to state that although farm land doesn’t generate a lot of taxes, it certainly doesn’t use the services either.
Mr. Giner noted today an affidavit was submitted regarding the sign posting.
Chairman DiPace closed this public hearing. Action was tabled due to the handouts distributed this evening.
PUBLIC HEARINGS – NEW
a. SPR #1405 – Application for conversion and restriping of parking lot off Print Shop Road to accommodate parking of trailers at Lego Campus at 555 Taylor Road, Zoned I-1, Map 99, Lot 11, Equity Industrial Enfield LP, Applicant/Owner. (Must Close and Decide By 7/26/07 meeting)
Mr. Giner stated although this is a public hearing, it was advertised with an SPR#1405 number.
Mark Friend of Megson and Hegle, Glastonbury, and Hunter Emerson from Equity Industrial Partners appeared before the Commission regarding this application.
Mr. Friend stated this is a site plan review for a change in use of an existing parking lot to convert it from parking for 481 cars to parking for 94 box trailers and 99 cars. It is located on the Lego campus at the end of Print Shop Road. This was previously the manufacturing building employee parking lot. Mr. Friend pointed out on the site plan the location of this parking lot. He noted there is a smaller parking lot that accesses from Print Shop Road and that has 45 spaces. That is still proposed to be parking for employee cars.
Mr. Friend pointed out the site landscaping on the site plan and the mature trees. He presented some aerial photos to help the Commission see the vegetation on the site. There is an extensive amount of trees around the parking lot which screens the parking lot completely from the surrounding properties.
Hunter Emerson stated Hasbro approached them about relocating their warehouse operation which is located two and a half miles down the street. They are looking to upgrade their operations by coming to this building. They are interested in taking approximately two-thirds of the building which is 587,000 square feet. Hasbro is interested in approximately 300,000 square feet. The use would be to store toys. They manufacture the toys and during the busy season between August and November, they store the toys in the warehouses prior to shipping out to retailers.
Mr. Friend stated what they are proposing in the parking lot is to restripe the parking lot. First, they would remove the existing islands which are located along each end of the rows of car spaces. These islands are simply curbing with crushed stone in them. There is no landscaping other than one small tree on the last island. They are pervious and there is no pavement under the stone. The proposal is to remove the end islands to allow the circulation and parking shown for the trailer boxes, cut the pavement and create new islands on the end. The new islands would prevent any increase in impervious surfaces. They would restripe the parking lot for the trailers. The existing car spaces in two areas will remain for a total of 99 spaces for cars and 94 spaces for the box trailers.
Mr. Friend stated at the entrance road where the tractor trailers would come in from Print Shop Road, they are going to have to cut the curbing back and extend the pavement out slightly for those turning movements. There is a catch basin that will have to be moved back approximately eight feet to put in the new curb line they are proposing. The Town Engineer has made comments regarding the existing pavement and the durability of that pavement for this. The applicant understands that the pavement life may be shortened by this proposed activity although right now this is a short term lease. If it ends up being a longer term lease, Equity realizes they may have to repave the parking lot. They are not ready to do that yet because the commitment is not long enough.
Mr. Friend stated there are some waivers they are requesting. The first one is to accept the plan submitted which is not a CAD drawn plan but which does have all the details of what they are proposing. The other waiver is regarding the fifteen percent landscaping requirements around the interior parking lot. It is an existing parking lot and they feel there is substantial vegetation and landscaping around the perimeter to meet the requirements and intent of the regulation. As far as interior islands in the parking lot, since it is going to be parking of trailers, Mr. Friend did not feel it was necessary to have interior islands with trees and landscaping.
Commissioner Hickey asked about the length of the lease. Mr. Emerson stated it is now four years.
Commissioner Duren asked about the hours of operation. Mr. Emerson stated they have two shifts – 7:00 a.m. to 3:00 p.m. and 3:00 p.m. to 11:00 p.m. Commissioner Duren had a concern about trucks idling at 11:00 p.m. Mr. Emerson stated his understanding is they bring the tractors around, they pick up the boxes, they bring them around to the warehouse, and either leave or bring them back to the parking lot until they are ready to ship. Then the tractors leave. They don’t stay idling in the parking lot. Commissioner Duren stated he is concerned about the neighbors in the area. Mr. Emerson pointed out the sixteen loading docks at the back of this building. Mr. Friend stated this facility has had tractor trailers. There are loading docks on one end and along the back of the building. It is a facility that has had this type of activity. Commissioner Duren stated the intensity was not the same. Mr. Emerson stated they can tell Hasbro they can’t idle trucks in their parking lot and the only place they can keep tractors is on the back side of the building by the dock.
Commissioner Duren noted there is night movement of the boxes up until 11:00 p.m. The other thing is a concern about the boxes on this crushed stone and the crushed stone is not going to be able to bear the weight. Mr. Emerson stated there won’t be any trailers on crushed stone. They will be on pavement. Mr. Friend noted the Town Engineer was talking about the pavement was designed for just cars. Commissioner Duren stated with the box trailers, there will be some sinking of the pavement. It will shorten the life of the parking lot. Mr. Friend stated the applicant is aware of that and if it becomes a problem, they will have to rebuild the parking lot.
Commissioner Duren asked about the security for this area. Mr. Emerson stated Hasbro is planning on having twenty-four hour security on site outside. They are talking about putting a security booth in the area. They may keep the existing gate but that doesn’t satisfy Hasbro’s needs. They want a security person to monitor tractor trailers entering and exiting the parking lot.
Mr. Giner noted the pictures he took from Cybulski Road and from inside the parking lot showing what it looks like.
Chairman DiPace opened this public hearing to the audience.
Eileen Cybulski, 27 Somers Road and Cybulski Road, stated her main concern is the noise. The Commission was talking earlier about the noise on Shaker Road and she would bet the noise that is heard is from Martin Brower. They have trucks that are running all the time. Ms. Cybulski is worried that by approving this, Martin Brower could piggy back on to that and lease part of that parking lot to store or park their refrigerator trucks. There will be a lot more truck traffic on Moody Road. On Somers Road, they hear the trucks all the time. Ms. Cybulski is concerned about trucks coming down Cybulski Road. There are tractor trailers that come down this road and the only way out is for them to back out. While they can say we will prevent that from happening, it will happen. Ms. Cybulski reiterated her major concern is the noise and the moving of trucks until 11:00 p.m.
Gretchen Pfeifer Hall, 4 Somers Road, voiced the concerns raised previously. Her husband complains all the time about the truck noise from Martin Brower. She thought 94 tractor trailers being parked and moved around will cause a lot of noise and a lot of traffic. She would like to know where these trucks are coming from. Are they just going to be coming from East Longmeadow up and down Taylor Road? With the opening of a truck stop off I-84, there’s a tremendous amount of tractor trailer traffic. There are Fed Ex trucks coming up and down Somers Road. Martin Brower comes down Somers Road from 190 and then takes a left on to Moody Road. Ms. Pfeifer Hall suspects there will be trucks coming from all over the place. Last year the Connecticut Water Company put in a new water line on Taylor Road which came down Somers Road and out Moody Road into Somers. Now there’s a great big depression in front of her mailbox. This truck traffic will exacerbate that condition. Ms. Pfeifer Hall’s other question is regarding runoff. Will there be any upgrade to their storm water system? She stated she is opposed to this.
Mr. Friend stated regarding the noise, there was discussion earlier for a different item regarding the noise regulations. He believes there is a need to table this hearing to give them time to do some additional research. Where the trucks are coming from and the frequency needs to be addressed. Rather than try to give the Commission an answer when they really don’t know the answer, they should really find this out from Hasbro.
Chairman DiPace asked if any of these trucks are going to be refrigerated. Mr. Friend stated none will be. Chairman DiPace stated this can be a condition of approval.
Commissioner Hickey asked how many employees this use will generate. Mr. Emerson responded six to ten. It is purely distribution.
Chairman DiPace asked if there is another parking lot in the rear. Mr. Emerson stated there is another forty-five to forty-eight spaces on the far left side of the building by the loading dock. Mr. Friend stated around the back there are car parking spaces. There was a gravel lot that’s below the distribution center that was approved for trailers. It is a smaller lot and is proposed to be used by Hasbro. Mr. Emerson stated they have to move a lot of toys in a short amount of time.
Commissioner Duren asked if the intent is to move all the trucks from East Longmeadow to this location. Mr. Emerson stated this is around the corner from their present manufacturing facility. He pointed out the location on the site plan. Some discussion followed of the parking in place.
Commissioner Ladd suggested they ask Hasbro if they can do their movements by 9:00 p.m. Also, they should put a sign on Cybulski Road so that the truckers can see it.
Chairman DiPace stated he drove down both of these roads today and the area is not made for this use. The work they are doing to preserve what is there should continue. There is a need to see to it that the Shaker building stays the way it is.
Chairman DiPace continued this hearing to July 12, 2007.
OLD BUSINESS
a. Update on Somers Road/Shaker Heights Drainage Issues
Mr. Giner reported according to the Town Engineer, everything was completed last week for Shaker Heights. The rip rap had not been put in and according to Jeff Bord, they were going to put it in when they finished the paving. Mr. Giner will check when the rip rap is going to be installed. The outlet to the spreader is blocked off. Chairman DiPace stated the next step is to wait for a good downpour and monitor the area to see what occurs.
Charles Cybulski, 27 Somers Road, stated at the end of the cul de sac the land is pitched down and it’s collecting water – not in the pond but above the pond. He has not seen the developer to talk to him about it.
BOND RELEASES
a. SPR #1249 – Request for release of Landscape Bond in the amount of $25,260 for PTI Industries on Peerless Way.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to release the landscape bond in the amount of $25,260 for PTI Industries, Peerless Way, SPR#1249. Reference is made to a memo from Steve Sadlowski dated June 6, 2007 recommending release. The motion was approved by a 7 – 0 – 0 vote with Alternates Ladd and Lefakis voting.
b. SPR #1376 - 4 Peerless Way – request for release of Engineering Bond in the amount of $87,000 (check) and an E&S in the amount of $4,960 for Sterling Machine (aka Senior Aerospace).
Chairman DiPace stated there is nothing in the meeting packet regarding this bond release and he recommended tabling. Mr. Giner later provided the necessary documentation recommending release.
Commissioner Duren made a motion, seconded by Commissioner Hickey to release the engineering bond in the amount of $87,000 (check) and an erosion and sediment control bond in the amount of $4,960 for Sterling Machine a/k/a Senior Aerospace as recommended in a memo from John Cabibbo to Jose Giner dated June 18, 2007. The motion was approved by a 7 – 0 – 0 vote with Alternates Ladd and Lefakis voting.
NEW BUSINESS
a. SPR #1403 – Application to convert former Hamilton Sunstrand Credit Union into Pizza Restaurant at 410 Enfield Street, Zoned BL, Map 33, Lot 206, Harry Bacopoulos, Applicant/Hamilton Standard Federal Credit Union, Owner. (Decision by 7/12/07 meeting)
Harry Bacopoulos, owner of Baco’s Pizza on Brainard Road, stated he has been there for over twelve years. His lease is currently up. He runs a take-out and delivery business and he has eight seats in the pizza shop for the lunch crowd. He is looking to move his business to 410 Enfield Street for better exposure and to own his own property. Everything will pretty much remain the same except for the additional seating to twelve seats.
Commissioner Weseliza asked about the drive through on the property. Mr. Bacopoulos stated there is a drive through but they are not going to use it. It is on the plans because it is existing. Commissioner Duren suggested a stipulation that the drive through is not to be used. Mr. Bacopoulos stated the window will be removed. In the plan there is an exit door which might be an emergency exit.
Chairman DiPace stated there is the addition of the freezer to the rear and that is going where the landscaped area is. He asked about the impervious surface coverage and what number was it and how it will be affected. Will this exceed the maximum allowable impervious coverage?
Mr. Giner stated there is no site plan that shows the entire impervious surfaces accurately depicted on there. They could not find an old set of plans in the file.
Commissioner Weseliza asked about the previous use which was Northern Connecticut Bank.
Chairman DiPace saw a need to know what the impervious coverage is for the site. He thought the island in the back where the freezer is going was there for a reason – because they needed to reach the 66% for impervious coverage.
Mr. Giner will try to figure it out by aerials. He asked that the Commission continue the hearing. The second option would be to require that a survey be done. Mr. Giner stated he knows the lot area and can tell the Commission if it is close to 66% or not.
Chairman DiPace suggested a condition that the impervious surface coverage be checked and that it does not exceed the 66%. Commissioner Duren would rather check it first in order to do the waiver at the same time should one be needed.
Mr. Giner stated he knows the building dimensions and can calculate the impervious coverage. Chairman DiPace asked that Mr. Giner verify the impervious coverage to make sure it is okay.
Mr. Giner stated the only exterior change proposed was the walk-in freezer.
Commissioner Weseliza brought up the pick up window. Commission members stated that is a window that you walk up to for picking up your order. That is located on the parking lot side where the ATM’s are now.
Commissioner Duren asked about the hours of operation. Mr. Bacopoulos stated he would be open until 9:30 a.m. during the week and on weekends it will be 10:00 p.m.
Chairman DiPace tabled this application until the impervious surface coverage number is available.
b. SPR #1407 – Application for used truck dealer with accessory towing and storage for cars, trucks, equipment at 167 South Road, Zoned I-1, Map 55, Lot 81, Joseph Bosco, Applicant/Contractors Group, Owner. (Decision by 7/26/07 meeting)
Chairman DiPace stated he does mechanics and not auto body work but he would recuse himself if the applicant wanted him to do so. Mr. Bosco agreed that their businesses are not alike.
Joseph Bosco, 49 Steele Road, Enfield when handed the memo from the Town Attorney felt this is another example of staff problems. This paperwork should have been given to him prior to tonight’s meeting so that he could review it. He stated this was scheduled as a site plan review and then was changed to a public hearing. Mr. Bosco discussed the time line that occurred and expressed his displeasure with the events that are occurring. He employs twenty-three people and will probably employ another six and he felt the business should be treated better.
Mr. Bosco stated since 1972 this site was Liquore Brothers Construction who did sand blasting and painting on the property. On June 21, 1978, it was issued a certificate of suitability for a truck dealership. In 1982 there was another public hearing or site plan review and it was determined that it did not need another hearing and it was passed for a truck dealership. In the nineties is when Tri-State went out and it was then used by a construction company illegally who never got the necessary permit. The last approved used of the property was a truck dealership.
Mr. Bosco stated their main purpose would be to do towing. They have to have a license by the State of Connecticut to be able to do the towing and whatever repairs are necessary on these vehicles. This would allow him to get the vehicles out of Simon Road. Mr. Bosco stated with this property they would be 600’ back from the road and it is all surrounded by industrial areas. The garage itself is 900’ from the road.
Mr. Bosco stated he is before the Commission for a site plan review to use the property like it’s been used for the last thirty years. He discussed the location and stated the main part of their towing business would be done out of this location. It will clean up Simon Road.
Commissioner Jones asked if Mr. Bosco has an intent to sell there. Mr. Bosco stated he doesn’t intend to sell but he would hold the privilege to sell. He has two dealership licenses already and really doesn’t need the third license but he has to have it. A lot of the cars that are towed are abandoned and need to be sold. A wholesale license would be acceptable. Mr. Bosco stated you have to have the license to register the wreckers and to be able to dispose of the vehicles.
Commissioner Weseliza asked if it is the same use, why does it need a public hearing. Mr. Bosco did not know.
Mr. Giner stated they always thought the last legal use of this property was Tri-State. The files show that they got an approval in 1981 for the transfer of license. Mr. Giner has always advised people that it was a pre-existing nonconforming use and to change it or expand it would have to come back to the Commission for a public hearing. When they got the site plan application, Mr. Giner looked at the plans and saw that the parking lot was in fact bigger than the existing parking lot. The plans show that the parking lot was going to the south. Mr. Giner did call the Chairman and Mr. Bosco the Friday after the last meeting and said this may be an expansion of the nonconforming use with this parking lot and this does require a public hearing. The next thing he knew the Town Manager, Councilman Nelson, Mr. Bosco, his brother and Mr. Giner met on Monday morning in the Manager’s Office. At that point, Mr. Bosco stated he had papers that showed he had a variance on the property. The Manager then asked if he has a variance, does that mean he is allowed the use without having to go through another public hearing. Mr. Giner stated if the variance is generic and doesn’t show a specific site plan for the property, as long as nothing is expanded, he can come in and use the property. Mr. Giner looked through his files and saw what happened was in 1978 a ZBA approval was issued to a manufacturing and assembly use. They had to go to the ZBA not for a variance but for a locational approval that allows ZBA’s to act as an arm of the state motor vehicle department in issuing permits. They got that and if you look at the Minutes, the Commission made it pretty clear that what was being proposed as a used car dealership was not a permitted use in this zone and they were concerned that it not be expanded beyond that. It was stated that it was an accessory to a manufacturing and assembly use. Three years later there was an application to transfer the license of Tri-State which was a principal use of operating with used cars. What happened then is, relying on the planners testimony at the time that a variance had been given and only a transfer was necessary, the Board said fine we’re going to transfer the license. The only reason Mr. Giner had asked the Town Attorney for an opinion was that the Town Manager had asked him that Mr. Bosco was looking for a letter before the meeting for his bank that everything was okay. Having read those minutes, Mr. Giner felt he had to wait for the Commission to act and he asked the Town Attorney for an opinion.
Mr. Giner stated there was a vote that allowed Tri-State to operate. There was a misrepresentation at the meeting because it was stated there was a variance. Mr. Giner’s only reason in asking the Town Attorney’s opinion was they were looking for some certification that the property complied.
Chairman DiPace discussed it being a site plan review and Mr. Giner feeling it needed a public hearing. He did not agree with him and felt it should be a site plan review. To go from a site plan review to a public hearing is a drastic change and the applicant should have been informed. Chairman DiPace noted the legal opinion that went through and the fact that he did not concur with this legal opinion. He discussed Enfield Street where the Commission had no legal jurisdiction and yet the building is being changed. With this application, there was a truck place at this location and somewhere down the line, mistakes were made and the Commission has to straighten this out.
Mr. Bosco stated he brought letters with him to the Town Manager’s office from Liquore Construction and Tri-State Diesel to show they used the front for parking. If you go out behind his uncle’s place, he uses the back of his property for parking. Mr. Bosco stated what probably happened was when M&N Construction went in there illegally, Scott said there was a gravel surface that they parked on. M&N was probably using it to bring their fill in and when they moved, they spread the top soil on top of the gravel. Tri-State parked on that and the curb was not there when Tri-State was there. Mr. Bosco used to bring the trailer trucks in on the back of his wrecker, pull straight in and pull out. The curbs were never there. Mr. Bosco’s biggest issue with this whole thing is Mr. Giner should have looked at the whole file. He discussed other circumstances that occurred in Mr. Giner’s office.
Mr. Bosco stated he has spent $20,000 so far on this building and now he finds out he can’t use it. He stated this is not fair and no one should have to go through the expense and time he went through.
Mr. Bosco stated they plan on installing doors in the building again. The contractors blocked the doors in and they are planning to open them up but they may put the doors off to the side of the building. They have not yet decided if they are going to do that.
Mr. Bosco stated he is taking a building that does not conform and putting in a use that does conform. There is a building in front of him that’s doing the same use and he is away from all the residents. His big trucks are running down the driveway up South Road to Hazard Avenue. This will cut the truck traffic in the residential area drastically. Mr. Bosco stated he has outgrown Simon Road.
Commissioner Duren asked who the applicant gets a change of address from. Mr. Giner stated that is handled by Engineering.
Commissioner Duren made a motion, seconded by Commissioner Jones, to approve SPR#1407, application for a used truck dealer with accessory towing and storage for cars, trucks, equipment at 167 South Road, zoned I-1, Map 55, Lot 81, Joseph Bosco, Applicant/Contractors Group, Owner.
Chairman DiPace stated this would be correcting what was done wrong.
Commissioner Duren stated Mr. Bosco’s use is no more intense than what has always been there. Chairman DiPace agreed and he discussed the Tri-State Diesel use he was familiar with. Commissioner Ladd stated it will be a good use for the property and Simon Road will improve.
The motion was approved by a 7 – 0 – 0 vote with Alternates Ladd and Lefakis voting.
OTHER BUSINESS
a. Request for Approval of Second Driveway at 8 Cooper St.
Mr. Giner stated this lot on Cooper Street was approved before the requirement was in place that frontage be contiguous. The lot has two frontages and it was gerrymandered to get the approval from zoning way back. This person actually owns what you would normally think would be someone else’s back yard. It comes out on Cooper Street.
Chairman DiPace asked who supplied the map received on June 7, 2007. It shows the existing driveway and the proposed driveway. This also has a letter attached to it by the gentleman who owns the home, Ron Cote. In his letter he states that he has a driveway 17’ x 31’. The map shows 17’ x 21’. Chairman DiPace felt that Mr. Cote lied to the town when he applied for the permit to put the second driveway in. He told them it was an existing driveway and he was repaving it. Chairman DiPace caught this and called it in and had it stopped. If the applicant is not going to be honest, Chairman DiPace recommended denying the application.
Chairman DiPace stated the applicant has enough room to park eight cars. He’s lying to us in the letter and on the map.
Chairman DiPace stated Ginny sent a letter out stating that he needed to come before the Commission to get a permit. He told the town it was an existing driveway which was wrong.
Following further discussion, Commissioner Weseliza made a motion, seconded by Commissioner Hickey, to approve the request for a second driveway at 8 Cooper Street. The motion was denied by a 0 – 7 – 0 vote with Alternates Ladd and Lefakis voting. The reason for denial was incomplete and false information provided by the applicant. Chairman DiPace noted the curb is already cut on the town road and he asked that Mr. Giner makes sure it gets repaired.
b. Discussion of Regulations
1. Signs in Design Districts
Mr. Giner stated the issue with signs is we now have only externally lit signs. The option was to remove that or have people come in and get a special permit for internally illuminated signs. By getting a special permit, the Commission can look at the design and see if the sign is compatible. Mr. Giner acknowledged the problem right now is there are a lot of preexisting signs. In some areas it may be appropriate because that’s all that’s there are internally illuminated signs. In other areas that have more residential homes but are zoned Business Local, you might want to have something different.
Following some discussion regarding the agenda for July 26, 2007, it was the consensus that the signs in design districts will be handled on September 6, 2007.
2. Boulevards
3. Moratorium on Senior Residential Developments
Commissioner Duren felt the Commission should consider a moratorium on senior residential developments. Mr. Giner stated it has to be advertised as an amendment to the regulations with a hearing held. Chairman DiPace recommended a public hearing on July 26, 2007.
Commissioner Weseliza felt the moratorium will give the Commission a chance to go back and look to see if it makes sense to remove it altogether from the regulations.
The consensus of the Commission was to have a moratorium on senior residential developments. The reason is review the regulations to address the concerns of the development and future of the Town of Enfield.
Chairman DiPace saw a need to fine tune the regulations as far as the quantity of them. Commissioner Jones would like to make sure that the regulations are reviewed during the time of the moratorium. He saw a need to look at the long-term impact.
Commissioner Duren requested the number of units that are built and the number of units planned. This would include Mayfield. Mr. Giner stated Mayfield is not senior housing but assisted living. Further discussion followed on the lack of landscaping at the Mayfield development.
A public hearing will be scheduled on July 26, 2007 regarding a six-month moratorium on Senior Residential Developments.
4. Hazardville Design District
This item will be discussed at the September 6, 2007 meeting.
a. Discussion of Proposed Home Depot Outdoor Event.
Chairman DiPace stated this outdoor event at Home Depot is something they have done in the past. Commissioner Jones did not like the area where the outdoor event is proposed. He would like to see it moved down to the other end where it is protected on three sides. Mr. Giner stated Costco has been asking for this and was rejected. Chairman DiPace stated the difference is Costco wanted to display RV’s which they don’t sell. All they are doing is referrals.
Commissioner Jones would like to change the location and put it on this island where it is protected from the traffic. It would be right near the stop bar. Mr. Giner noted that would be the north side of the building.
Commissioner Jones made a motion, seconded by Commissioner Weseliza, to have Jose Giner handle the proposed Home Depot outdoor event administratively with the agreement that the location be changed to the location suggested in the meeting or to the north side of the building.
d. Applications to be Accepted
The following applications were accepted by the Commission:
PH#2607 - Application for a Special Use Permit to build a new house on a farm in Industrial Zone at 114 North Street, zoned I-1, Map 100, Lot 4, Neal C. Peterson, Applicant/Owner.
A public hearing will be scheduled for July 12, 2007.
PH#2608 – Application of plans previously approved for 1)modification of the design of the Central Service/44 Unit Apartment building, 2) modification of the design of the cottage units, 3) seeking permission for a use of a temporary Central Service Building to allow the issuance of Certificate of Occupancies for the cottage units, after receiving the certificate of occupancy of the proposed temporary central service building at property located on the corner of North Maple Street – Mayfield Drive “Mayfield Park”, zoned R-44, Map 78, 79 and Lots 30 and 95, M&J Developers, LLC, Applicant/Owner.
A public hearing will be scheduled for July 26, 2007.
PH#2479.02 – Application of a Resubdivision to revise previously approved resubdivision plans to replace pump station and force main with a gravity sanitary sewer at River Overlook Resubdivision, west side of Riverview Street, zoned R-33, Map 19, Lot 10, Margaret Pappas, Applicant/Owner.
A Public hearing will be scheduled for July 12, 2007.
PHN#2609 – Application for a Special Use Permit to put a licensed day care (approximately 3,100 square feet) within the existing facility (Healthtrax) at 3 Weymouth Road, zoned I-1, Map 17, Lot 86, Stephen Capezzone of Healthtrax, Applicant/Health Care Property Investors, Inc. Owner.
A public hearing will be scheduled for July 26, 2007.
PH#2610 – Application for a Special Use Permit for conversion of existing rooms into 5 additional apartments at 127 Pearl Street, zoned TVC, Map 22, Lot 9, Richard Binns, Applicant, Masonic Building Association, Owner.
A public hearing will be scheduled for July 26, 2007.
Site Plan Reviews:
SPR#1409 – Application for modification of plans previously approved for site modifications to meet State DEP Storm Water Requirements under the MS4. Modifications include drainage system improvements and extension of utilities to serve a future vehicle wash facility at Town Garage, 40 Moody Road, zoned I-1, Map 75, Lot 27, Town of Enfield (Colleen Brand) Applicant, Owner.
SPR#1410 – Application for expansion of the parking lot at the Compass Building at the Lego Systems, Inc. complex at 555 Taylor Road, zoned I-1, Map 99, Lot 11, Lego Systems, Inc., Applicant/Owner.
Following some discussion, Commissioner Duren asked if Lego could show the Commission a master plan.
SPR#1411 – Application for expansion of the parking lot at the GBS Building of the Lego Systems, Inc. complex at 555 Taylor Road, zoned I-1, Map 99, Lot 11, Lego Systems, Inc., Applicant/Owner.
The Commission directed Mr. Giner to not schedule the funeral home amendments for a public hearing on July 26 but to provide the Commission information on the impact the proposed change would have.
Mr. Giner stated NADA wanted to come before the Commission on July 26 but he has not yet received an application.
ADJOURNMENT
Commissioner Jones made a motion, seconded by Commissioner Weseliza, to adjourn. Following a unanimous vote, the Commission adjourned at 10:00 p.m.
Respectfully submitted,
___________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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