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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
DECEMBER 4, 2008
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, December 4, 2008, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Duren called the meeting to order at 7:30 p.m.
PRESENT: Charles Duren, Chairman
Elizabeth Ballard
Nicles Lefakis
Kathleen Sarno
Michael Dumont, Alternate
Ronald Gregory, Alternate
Charles Ladd, Alternate
ALSO PRESENT: José Giner, AICP, Director of Planning
MINUTES
a. November 20, 2008
Commissioner Ballard made a motion, seconded by Commissioner Gregory, to approve the Minutes of November 20, 2008. The Minutes were approved by a 6 – 0 – 1 vote. Commissioner Lefakis abstained.
STAFF COMMENTS
a. Town Attorney (in writing) – Chairman Duren noted two date errors in the Town Attorney’s report. The dates should be 2009 on both cases.
b. Zoning Enforcement Officer (in writing)
c. Director of Planning
Mr. Giner received a request from the Housing Authority regarding a generator for Mark Twain. The generator will be located at the corner of Beech and South Roads. It will not be seen from the street. It is a stand by generator in case there is a loss of power. It is right next to an existing underground propane tank.
Commissioner Ballard made a motion, seconded by Commissioner Ladd, to allow the Director of Planning to approve the plans for the generator for Mark Twain requested by the Housing Authority. The motion was approved by a 7 – 0 – 0 vote with all alternates participating.
Mr. Giner stated the Zoning Enforcement Officer is handling the blight ordinance. More and more they are finding that the houses in poor condition are tied to houses that have been abandoned. The Zoning Enforcement Officer has been very good at tracking down the responsible parties.
CORRESPONDENCE
Chairman Duren reported receipt of the Capitol Region Council of Governments Summary of Zoning, Subdivision and POCD Referrals for 11/21/08 through 11/25/08. Also received was a letter from Carl Nelson Construction requesting the partial release of the bond for State Street. Mr. Giner has notified John Cabibbo and he is not sure the sewer authority has inspected the work yet. It was not put on the agenda this evening because the proper memos have not been received. Mr. Giner noted the Commission has not made it a policy to do partial releases but the regulations do not say it cannot be done.
Chairman Duren reported receipt of the Minutes from the Inland Wetlands Agency and the wetlands permit that was issued.
PUBLIC HEARINGS – NEW
a. PH #2658 –Text Change to Table 10.10.2 (Parking Requirements) of the Zoning Regulations to revise the parking ratio required for Medical Office Buildings larger than 10,000 s.f. from 6 per 1,000 s.f. of gross floor area to 5 per 1,000 s.f. of gross usable floor area; Enfield Planning and Zoning Commission Initiative.
Mr. Giner stated a couple of months ago, in response to some correspondence, the Commission requested that he come up with a proposal for reducing the parking requirements for medical office buildings. The Commission has a study before them that shows what the medical office building parking requirements are for various towns. The Town of Enfield requires more parking places than any of those towns. Mr. Giner stated the town has in the past been trying to lower their parking requirements for environmental purposes. He noted a lot of towns have been revising their parking requirements and the trend has been to reduce them.
Mr. Giner stated by using gross usable area, it would exclude common hallways, utility rooms, rest rooms, basements and cellars or things that typically don’t generate a lot of foot space or storage space for customers and, therefore, cars. Mr. Giner stated this was done for most other types of office buildings already when the regulations were revised in 2001. For some reason, medical office buildings were not considered at that time. This would be only for buildings over 10,000 square feet. It was felt that the requirements for medical offices in Enfield were way over what other towns in the area were requiring.
Chairman Duren stated the Commission has received a medical parking analysis which included regulations from South Windsor, Canton, Bloomfield, Glastonbury and also two buildings at Evergreen Walk and Hebron Avenue. Also, the Commission has received a letter from Philip Doyle regarding The CASLE Corporation.
Commissioner Ladd stated the request is to go from six spaces per thousand square feet to five spaces per thousand square feet. Mr. Giner stated it would still be slightly more than what other towns require. Mr. Giner stated the theory is if there are rooms that are not used by customers, they would not be counted.
Commissioner Dumont asked if Mr. Giner has gotten any feedback from owners of medical buildings as to preferences. Mr. Giner stated this is responding to a specific request.
Chairman Duren stated this initiative went through the Capitol Region Council of Governments and they have no problem with it.
Chairman Duren opened this hearing to the audience. No one spoke in favor or against this application. Chairman Duren closed this public hearing.
Commissioner Sarno made a motion, seconded by Commissioner Ballard, to approve PH#2658 for a text change to Table 10.10.2 (Parking Requirements) of the Zoning Regulations to revise the parking ratio required for Medical Office Buildings larger than 10,000 s.f. from 6 per 1,000 s.f. of gross floor area to 5 per 1,000 s.f. of gross usable floor area with an effective date of January 1, 2009. The motion was approved by a 7 – 0 – 0 vote with all three alternates participating.
The reasons for approval are it brings Enfield’s parking regulations more in line with the neighboring towns and also with the occupation of the building. It will change the impervious surfaces.
b. PH #2659 – Special Permit for Commercial Recreation activities consisting of an amusement machine arcade; a roller skating rink; and a pool hall to be located in vacant units of an existing commercial center located in a Business Local (BL) District at 138 South Road, Map 55, Lot 9; 138 South Road LLC, applicant/owner. (Must close by January 8, 2009)
Ira Nagle of New York City stated the shopping center under consideration has been in complete disrepair for a number of years. He recently purchased the shopping center and has been completing many repairs to the facility. They are cleaning up the facade and the roof and he noted the pot holes will all be fixed tomorrow. Mr. Nagle felt the environment would best be served with some recreation for the community. He thinks a roller rink for the children in the neighborhood would be a good fit. He has spoken with the day care center and they are happy to send their road trips to the center.
Mr. Nagle stated the pool hall will be recreation for adults. The hours will be after the hours of the school. He believes these will be two very suitable uses for the neighborhood.
Commissioner Sarno asked if there will be open pool at the pool hall or will there be leagues. Mr. Nagle stated it will depend on what the public will desire.
Commissioner Ballard asked about the arcade machines. Mr. Nagle stated those are up for discussion. They would be Nintendo games and it would be at the discretion of the operator who would do what the neighborhood prefers. Commissioner Ballard asked if the regulations contain something about the number of machines. Chairman Duren stated they are entitled two machines and they have to come in for anything above that. Mr. Giner confirmed they are entitled to two machines without a special use permit. Beyond that they have to come in for a special permit.
In response to a comment from Commissioner Ladd, Mr. Nagle stated he has spoken to the fire marshal. He had specific issues because there is a major fire wall and he was concerned that they would not be breaking through that wall. Mr. Nagle assured him they were not. The only issue left with the fire marshal is the amount of occupancy. They agreed at the time the plans were drawn up that it would all meet code.
Chairman Duren stated on the arcade there is an up and down staircase. Mr. Nagle stated this was a former grocery store and this was an old office that was sitting on the second floor that is not being used. It is not meant to be used by the public and will be left there vacant and not built out. Mr. Nagle stated the area will be used for storage.
Chairman Duren stated the location of the counter for the arcade is way up in the front and that leaves a lot of possible problems down in the back. Mr. Giner asked about supervision. Mr. Nagle stated there will be someone supervising in the back. They will employ two people at all times.
Commissioner Sarno asked if they will have cameras. Mr. Nagle stated those could be installed if it is the desire of the Commission. Chairman Duren noted the need for some type of supervision. He asked what will happen on the tables. Mr. Nagle stated they will be table games like air hockey.
Commissioner Dumont asked if there will be an age limit. Mr. Nagle stated anyone supervised by a proper adult could come in but he doesn’t think anyone should come in under the age of four or five.
Chairman Duren asked if there will be joint access to the video arcade and the roller rink. Mr. Nagle stated they will have to go out and reenter.
Chairman Duren stated there was a previous pool hall business at this location and they left because they were unable to obtain a liquor license. He asked if Mr. Nagle intends to obtain a liquor license. Mr. Nagle stated he does not. Patrons would be able to go next door to Frankie’s.
Chairman Duren noted the concession stand and asked what will be sold. Mr. Nagle stated they would sell pre-packaged items.
Chairman Duren stated the pool hall shows eleven tables. Mr. Nagle thought he had requested twelve and he asked if he can have twelve.
Chairman Duren noted none of these three businesses will be accessed between each other. Mr. Nagle confirmed that is correct.
Commissioner Sarno asked about music at the roller rink. Mr. Nagle stated there will be music via a cd player and they will be renting skates.
Commissioner Gregory asked about the rest rooms. Mr. Nagle stated there are three restrooms. One is a handicapped bathroom. These rest rooms already exist and need to be remodeled.
Chairman Duren asked about the hours for the video arcade. Mr. Nagle suggested 12:00 noon to 9:00 p.m. Sunday through Thursday and 11:00 a.m. to 10:00 p.m. on Friday and Saturday. Mr. Nagle stated the operator will cooperate with the town if they have an under age child at the arcade during the day.
Mr. Nagle stated the roller rink would have the same hours of operation as the arcade.
Chairman Duren asked about the hours of operation for the pool hall. Mr. Nagle suggested 5:00 p.m. until 12:00 midnight on Monday through Friday, Saturday would be 12:00 noon to 12:00 midnight. Mr. Nagle confirmed that the upstairs will be used for storage.
Chairman Duren opened this hearing to the public.
Ernie Maynard, 21 Southwood Road, stated he is not in favor of the pool hall or anything else like that. He questioned what the youth will do afterwards. He also noted a lot of money was spent on the day care center. He noted patrons at the pool hall may get kind of rowdy. He doesn’t think it is going to be a good place for these businesses. With the kids coming in, he did not feel that two people are sufficient for monitoring. Mr. Maynard stated he is against this whole thing and he did not feel it was a good place for it.
Scott Faren, 309C Halliday Drive, West Suffield, stated he is speaking in opposition. He is currently involved in trying to restore the former Babbs roller rink in West Suffield. It is about a 6,000 square foot rink with an arcade and out buildings. Chairman Duren stated if it is competition, this Commission cannot consider that. Mr. Faren stated Babbs would be a better venue. They are going to great lengths to bring the building up to code. Chairman Duren stated the Babbs building has nothing to do with this application. Mr. Faren stated his only statement would be that he is opposed to this development.
Chairman Duren stated the Commission has a memo to Mr. Giner from Pamela Brown dated November 24, 2008 with a copy to Karen Edelson. He read the letter which was in support of the improvements to the shopping center.
Mr. Giner stated he received a phone call from Thomas Donahue. His concern was the hours of operation since he had a daughter at the day care center. He would have no objection if it were open after the hours of the day care center.
Chairman Duren stated the Commission has a memo from Fire Marshal Ed Shirley stating he is all set for now and will be working with the applicant in the future. Chairman Duren stated an email was sent on Friday, November 21, 2008 to all department heads and Robert Santanella requesting comments. Mr. Giner stated he sent a copy of everything in the file to the police chief and the traffic safety officer and he did not receive anything back.
Chairman Duren closed this public hearing.
Commissioner Sarno made a motion, seconded by Commissioner Lefakis, to waive the site plan requirements of Section 9.10.2 for PH#2659 because the information is not necessary in order to decide on the application’s conformance with these Regulations. The motion was approved by a 7 – 0 – 0 vote with all alternates participating.
Commissioner Ballard made a motion, seconded by Commissioner Ladd, to approve PH #2659 – Special Permit for Commercial Recreation activities consisting of an amusement machine arcade; a roller skating rink; and a pool hall to be located in vacant units of an existing commercial center located in a Business Local (BL) District at 138 South Road, Map 55, Lot 9; 138 South Road LLC, applicant/owner. This approval is subject to conformance with the submitted record and the following conditions:
Conditions to be met prior to the issuance of permits:
1. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
2. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this approval motion shall either be incorporated onto the final plans.
General Conditions:
3. This approval is for the specific use and layout identified in the application. Any change in the nature of the use or the layout will require new approvals from the Enfield Planning and Zoning Commission.
4. The commencement of the use as approved must occur within a year of the effective date of this approval or this approval shall be rendered null and void, unless an extension is granted by the Commission.
5. The hours of operation for the facilities shall be 12:00 noon to 9:00 p.m. Sunday through Thursday, and from 11:00 a.m. to 10:00 p.m. on Friday and Saturday for the roller rink and the arcade. The pool hall hours of operation shall be limited to 5:00 p.m. to 12:00 midnight Monday through Friday and from 12:00 noon to 12:00 midnight on Saturday and Sunday.
6. No sign package has been specifically approved with this application. Permits for signage that conforms to the Enfield Zoning Regulations must be obtained separately from the Planning Office.
7. This project shall be constructed and maintained in accordance with the submitted plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
8. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
9. There shall be a minimum of three employees supervising the video arcade at all times.
10. The use of the upstairs of the video arcade shall be limited to storage use.
The applicant stated he had no problems with the conditions.
The motion was approved by a 7 – 0 – 0 vote with all alternates participating.
The reasons for approval are they are accessible for fire and police protection. It is a proper use for the building which has been vacant for a number of years. The nearest roller rink is in Vernon and this will offer the youth of the town something to do.
c. PH #2660 – Petition for Text Change to Section 5.50 (Special Requirements for BP Districts) of the Zoning Regulations to allow limited right turn only access onto Middle Rd. from lots in a BP district where such access is fully contained within the twenty-five foot exception for lots in more than one district pursuant to Section 3.00.5 of the regulations; LADA, P.C. applicant. (Must close by January 8, 2009)
Philip Doyle from LADA, 104 West Street, Simsbury, and Steve Ulman from Purcell Associates in Glastonbury appeared before the Commission regarding this application.
Mr. Doyle stated they have been employed by OR&L Commercial Real Estate Development Company who has a contract with Hartford Hospital to seek to develop a medical office building in the Town of Enfield. They are looking to craft a building that would have a number of their specialties and would be about 25,000 square feet. If it were not for a question of access, they would be before the Commission with a site plan application. In the BP zone when you look at the use list, there are various special permit uses but the permitted uses are professional business offices, governmental offices and medical laboratories. It was crafted as a business zone and one of the primary issues in developing a business zone is safe access. They are aware through OR&L and conversations with town staff that there have been other parties in the past that have looked at developing the particular site that OR&L has under contract and it has been controversial for a number of reasons. These include use and access. In the Town of Enfield zoning regulations, there is a particular passage in the BP zone that indicates that one cannot take access to Middle Road. When you look at the Town plan of conservation and development, there are various indications that there are conflicts that happen between a mall area and the residences nearby. Those conflicts are probably traffic conflicts. Mr. Doyle noted the town plan has looked to protect the residences. But at the same time, the Commission has to decide if the proposal is consistent with the Plan of Conservation and Development. Mr. Doyle believes that it is because this particular area has been designated in the economic development section as an economic development zone.
Mr. Doyle stated they made an application for a generic text amendment that would apply to any lot that would be large enough in the BP zone where it would extend across the zone and would be a big enough lot where it would have the R-44 land in it as well as the BP land. Mr. Doyle stated when one looks at the area of Middle Road, there is really only one lot that applies. The zoning regulations allow if you have a large enough lot that extends across various zone lines that the use of the Business zone can extend twenty-five feet into the residentially zoned land. Mr. Doyle stated they have made a proposal to allow a right hand turn lane on to Middle Road. They have done that because of needs for access.
Mr. Doyle pointed out where they are located on the site plan. He also put up the Town Plan of Conservation and Development economic development map. He also put up the drawing on an air photo that identifies the site. The Town Planner has a schematic plan and the idea of showing that plan was to give an indication of what their intentions are. They understand that no requested text change can be conditioned on a site plan but they wanted to give people an idea of what the thought process was with this application.
Mr. Doyle presented an enlargement of the particular piece of the town zoning map. They took the property line map and superimposed it on the zoning map so that people can see the various lot lines as they exist along Hazard and Middle Roads. He pointed out the area in pink which is the BP zone. The site they are interested in for the development of a medical office building with Hartford Hospital is the site that is almost on the corner of Middle Road and Hazard Avenue. The site extends back to Middle Road. Part of the property is zoned R-44 and part of the property is zoned BP. There are three other lots in the area that have the same situation. Mr. Doyle pointed out the gray line on the map which would be the twenty-five foot area where they would be asking for this text change. It would allow a driveway that could extend to Middle Road. Mr. Doyle stated the only spot where the text change would apply would be at one point close to the end property line with the package store.
Mr. Doyle stated the town plan had indicated that there are certain areas circled in blue that are called principal economic development areas. The economic development zone is unlike the zone line that currently exists. This line is defined in a much broader area and it starts to run almost along the zone line. The economic development area constitutes this entire area. Mr. Doyle stated access is critical to be able to implement the Plan of Conservation and Development. If one doesn’t have safe access, then they can’t develop the site and it would be unlikely that other people will be able to develop the site safely. Mr. Doyle stated the concept that they have had is to create a medical office building that would have primary access from Hazard Avenue. They have had conversations with the state DOT and they have indicated to them that they will be able to get right hand turns in and out and a left hand turn in if you are progressing westerly along Route 190 and turn into the site. However, because of the busyness of the road, they are unlikely to grant them the ability to turn left. For a medical office building, they expect the residents of Enfield and Suffield to be using this site. If someone wants to leave this property and turn left, they need a way to go to the left. There are really two options. One would be to turn right, drive down the street and turn around in someone else’s driveway or to progress further down the street, probably about a mile, and make a right hand turn and come back on Middle and come out at the light. A third alternative would be to find some other way that is more convenient and not intrusive for the neighbors.
Mr. Doyle stated they had looked at extending the driveway and angling it so that it would be a one-way turn out and you would not be set up so that people could make a left hand turn. They would have a right hand turn in and use all of the remaining R-44 land as a buffer. That also shows on the air photo. They would like to have the ability to turn out and progress right to the light. One of the reasons they used the particular map was because it shows the buildings around them. It shows the nearest residential home on Middle Road and the business uses. The town has open space which connects into Middle Road and they would be looking to extend out right at a point near that leg and opposite the undeveloped piece of property.
Steve Ulman, Traffic Engineer, stated the air photo shows the department’s concerns very well. Right now, you come to the intersection of Middle Road and Palomba heading east and there are two through lanes that are dropping down to one lane right along their site frontage. Heading westbound you have two through lanes and a right turn lane into Big Y. Their driveway would be somewhere in this neighborhood and the DOT would be very unlikely to grant a left turn out. This is because you have to cross traffic that is merging. Traffic would have to come out and go into one of two lanes which is heavily biased to the left side. Mr. Ulman stated from their perspective, turning left from this site on to Hazard Avenue is not a good idea. If the Commission allows this exit on to Middle, right only, it then allows them to come to the signal. If you want to go left on to Hazard, you have the signal to turn left and continue west. If you want to go to Route 220, you go straight through at the signal.
Mr. Ulman stated he has just gotten the traffic counts. The amount of traffic from the east to the west is probably biased a little bit toward the left.
Mr. Doyle stated they have had conversations with the owner of the existing building to see if they would be interested in sharing their driveway but so far they have not had a positive response.
Commissioner Ballard stated on the aerial view it looks like the property line goes right to Middle Road. It goes from Route 190 and it makes a left hand turn. She asked if the corner actually touches Middle Road because if it does, why can’t the driveway come out there. Mr. Doyle pointed out the package store. Their property line comes down and right where the property line turns, the zoning line starts from that property line. They have no part of the BP zone that actually touches. It is in the 25 foot extension that it could extend back into that area and that is what they are proposing as a text amendment to allow them to make a driveway within twenty-five feet of that point of the corner. They were hoping that they could avoid any existing residential development and direct all traffic through the intersection and not disrupt the residential areas. Mr. Doyle stated the dashed line on the site plan shows the twenty-five feet.
Commissioner Dumont stated one of the challenges he sees is people will always try to go where they are not supposed to go. He asked if there will be any provisions made to prevent people from going in on Middle Road. Mr. Doyle stated in terms of the site development, they are only going to be proposing a driveway that will be one lane wide and it will be signed exit only so that you will not be able to drive in. It’s going to be angled in such a way that you won’t be able to make a left hand turn out and someone won’t be able to make a right hand turn in. There will be a sign that says do not enter.
Commissioner Dumont asked if there was any possibility of installing a center island that would block access. Mr. Doyle stated since Middle Road is a town road, they would have to work with the Engineering Department if the text amendment is approved.
Commissioner Ladd stated most of the people present this evening he suspects are worried about the traffic problem. Historically, that light when it goes green from Middle Road, it lets maybe three or four cars out. He asked if they are going to be able to deal with the state on changing the pattern of the light. Mr. Ulman stated that will be part of his traffic study and that is a recommendation that he will make. Commissioner Ladd noted that in the last three years, there have been close to thirty accidents, most of them rear enders coming up to that light. Officer Santanella has that study. Commissioner Ladd stated during rush hour, you may have a line of cars twenty cars long so the pattern of the light will have to change. Mr. Ulman stated he will be looking at that intersection as part of this site. Commissioner Gregory believed the state did change the pattern of that light to accommodate seven or eight cars. The audience did not agree.
Commissioner Dumont asked if they feel certain that the state would not allow a traffic light on Hazard. Mr. Doyle stated they are positive of that. From their point of view, this site is going to remain a difficult site to get a conforming use like this unless they find a way to get access. Without access, this property will sit fallow and won’t achieve the goals of the plan of economic development.
Chairman Duren opened this hearing to the public.
Alan James, 18 Middle Road, opposed the new driveway proposed in a residential area. He also opposes moving a parking lot into a residential area. He questioned why don’t they make their building fit the area of the Business zone. Mr. James thought the lot should be left alone. It was approved some twenty years ago as a buffer. Mr. James did not feel a right hand turn ever seems to work. There is one on the gas station at Hazard Avenue and so many cars take a left hand turn. If this is approved, Mr. James felt it will be a short cut from Hazard Avenue to Middle Road. Mr. James discussed the light and stated it takes a long time. He disagrees with this proposal completely.
Mae Slupecki, 12 Middle Road, objected to allowing access to Middle Road near the intersection of Hazard Avenue and Palomba Drive. As the intersection is already dangerous and congested with traffic, many accidents have occurred there. Traffic backs up at the stop light on Middle Road. Ms. Slupecki has counted 11 cars backed up and watched as four additional cars with impatient drivers got out of their lane and headed north in the southbound lane toward the gas station facing oncoming traffic. If a car came across Palomba or around the corner of Hazard Avenue before they made it safely, there would be a head on collision. Cars from the gas station and Long Radio that want to head north frequently come into Ms. Slupecki’s driveway to turn around. The traffic counter placed across Middle Road on November 19 and 20 was placed some distance south of the intersection. Cars entering or leaving the gas station that just pass through the intersection under the light would not have been counted. Because of the uniqueness of the business curb cuts and the intersecting roads, Ms. Slupecki thought it was difficult to visualize how dangerous it is unless you see it daily. Ms. Slupecki discussed accidents in the area that happened recently. She noted backup traffic is dangerous. The building proposed is large and could have 80 patients driving. If half came out on to Middle Road, that would be 40 more per hour. Some years ago, Johnson Memorial Surgery Center applied for access to Middle Road and was denied. If the Commission allows this access, Ms. Slupecki felt they would set the precedent for another vacant parcel. Changing the text will perhaps permit Johnson Memorial Hospital and other medical offices on Hazard Avenue to come back asking to be allowed access to Middle Road. This will cause great harm to the street. Middle Road is a residential street. Ms. Slupecki asked that the Commission consider the increased danger to the community versus the increased convenience to the developer. There is a school and library on the street.
Ms. Slupecki read a letter from her neighbor, Michael Agruso, 16 Middle Road who had concerns about the exit on to Middle Road from the new proposed medical building.
Maynard Reynolds, 32 Middle Road, stated this is his third time before the Commission for the same thing. The last two times the Commission promised a right only turn out of the Mobil gas station on to Middle Road. It’s still not there. The traffic light which he went through today at 7:20 a.m. allowed two cars to go through on the green and one on the yellow. The new building having a right turn only would not be entertained until the traffic light is fixed and not before the right turn for Mobil is put in place. Mr. Reynolds stated the previous times what killed this was the Johnson Memorial request on to Middle Road if someone else gets access. If you give it to one, you have to give it to the others. Mr. Reynolds thinks everyone on Middle Road would love a sign that says no through traffic on Middle Road.
Pat Nepora, 28 Middle Road, stated she is very aware of the traffic at the intersection. She is a retired nurse and she knows that medical buildings are important but they should have good quick access to an ambulance. If an ambulance had to get to one of the residents and had to get out of that intersection quickly, it would be a disaster because of the busy intersection. Ms. Nepora discussed her own experience with needing an ambulance and asked that the Commission consider that.
Ernie Maynard, 21 Southwood Road, stated traffic on Middle Road is now about all it can stand. Traffic comes from the library, the schools and Indian Run. When the mail truck is going through dropping off mail at the road side, you have to wait until the traffic is clear. You have to stop and let the vehicle pass. If an oil truck is there, it ties up the traffic. No matter where you go on Middle Road, it is not wide enough for another lane. Mr. Maynard stated the people in the state house have a lot of children who go to school and walk up and down the street. He is afraid one of the children may get hurt because of the traffic. Mr. Maynard discussed the traffic from Raffia Road on to Beech Road. He also noted that people go through the package store driveway. He felt Hazard Avenue has a good name because it is a hazard all the way through. Mr. Maynard did not feel Middle Road can take any more traffic.
Catherine Cane, 85 Middle Road, stated as she is considering driving and possibly exiting, she would have to turn to the left to turn out that way and then she would begin to proceed into traffic. Many of us that travel down that road frequently often have to give way to people coming out of the other businesses. Ms. Cane is concerned that she may come across a person exiting to some of those other areas. She asked the Commission to be concerned that that is a little hot spot being created there.
William Bostick, 20 Middle Road, stated in looking at the proposed plans tonight is the first time he has seen them. The intersection of Hazard and Middle Road comes to mind. There is what appears to be a race track across Hazard Avenue past Middle Road to get to the merge. Mr. Bostick sees that as a future problem for the turn in to the facility. Looking at the proposed right hand turn, he is unsure what type of services would be offered. It is a gradual right turn and if you are looking back to look at traffic, that’s a forty-five degree angle. Mr. Giner stated these are only conceptual plans and anything that came through would have to have engineered designs.
Mr. Bostick stated it was mentioned about the amount of cars that can get through the light. That had been addressed and you could get about three cars through, the third being on the yellow light. Then it went to the point where the light was longer. Traffic on Hazard was impaired. Now they are back to two or three cars maximum through the light. As a property owner, Mr. Bostick stated he is looking at possible devaluation of his property. If a precedent is set, there is the possibility of Johnson and some other businesses asking for that same request.
Robert Lemieux, 28 Middle Road, asked if this is the same development that attempted to get passed previously. Chairman Duren stated it is an entirely new development. Mr. Lemieux stated he doesn’t see any changes from the last time where they got rejected for the access to Middle Road. Chairman Duren stated the proposal tonight does not require the developer to disclose what they plan to put here. They did but it is an entirely different proposal. Mr. Lemieux stated the mayor told him the last time they had a meeting that there was a buffer zone to prevent this from happening. He asked what has changed.
Mr. Giner stated where the zone line meets the property line, it does come up right up against the Middle Road frontage. Parking could go there. Under the current regulations, you can’t have an access there.
Mr. Lemieux stated he is opposed to this text change.
Sandy Ounia, 22 Middle Road, stated he is a new buyer and he is certain he will be losing one of his neighbors because of the traffic. A lot of people use his driveway to turn around. He bought a basketball hoop for his son and he can’t even play basketball in front of the house. If they put in a driveway, Middle Road is going to be so congested. He would like the Commission to deny this request.
Jim Scalia, 47 Beech Road, stated one of his concerns would be that traffic is going to increase and it would open it up to Johnson. As a resident of Beech Road, if it was opened up to Johnson and the other medical park, now Beech Road becomes a cut through which it already is. As far as the gentleman from LADA saying you’re not going to develop that site, if you were to develop it into residential which it is zoned as, it would also help the gentleman who applied for the roller rink. Mr. Scalia questioned if there was space in the industrial park for such a medical building. He did not feel this should be done in a residential area.
Chairman Duren stated it has been raised that this could happen all the way down. Mr. Giner stated this particular text proposal applies to a very narrow area. The current regulations do allow the provisions of the least restrictive zone to go twenty-five feet into the most restrictive zone. In fact, Johnson Memorial does have parking in a residential zone. Any other lot would not be able to come out here. Mr. Giner discussed the lights and stated that it would be very difficult to get DOT approval for an additional traffic light at this location because of the proximity to the existing light at Middle and Hazard.
Chairman Duren asked if, without this access, is this lot developable. Mr. Giner stated any type of development that goes on that lot would have a significant number of cars that want to go left or westbound. This is a conforming proposal. Prior proposals were for a change of zone to allow retail. Mr. Giner stated getting the driveway past that area is probably the most efficient and effective way of getting traffic westbound if this lot is ever going to be developed.
Chairman Duren noted changing the text would have no effect on whether Johnson Memorial would have an access. Mr. Giner agreed and stated there are only two lots other than this one that are not developed that have the same situation. The problem here of getting left hand turns is you do have a merge. Going westbound you have two lanes coming into one and having a full left turn there would interfere with that traffic and would have very little chance of approval from ConnDOT.
Jennifer James, 18 Middle Road, opposes this text change and having the road put through to take the right turn. The traffic is so bad now and if this happens it will be worse. Ms. James stated if she looks out her living room window, she is going to see a parking lot. She is opposed to this.
Richard Chmura, 39 Middle Road, stated Middle Road is dangerous. From the south there is a high volume of traffic from Raffia and South Road coming down Beech Road combined with the library and school traffic from the east. Combine this with the Route 190 and Palomba Road intersection and you would think this area does not need any more commercial traffic to compound the problem. Before commercial traffic encroaches into a residential neighborhood, residents’ safety should be kept in mind.
Mr. Chmura stated the applicant’s plan of development shows a building of twice the square footage and with twenty more parking places than the previous application which was defeated. A development of this size is not going to coexist with the neighborhood or the intersection. The acreage along Middle Road is zoned R-44 with one acre lots and should continue that way without any commercial access. Mr. Chmura felt it would be counterproductive to allow a large commercial development in this tight area.
Mr. Chmura presented correspondence from the Commission of Agriculture explaining the right to farm law. Mr. Giner stated it would put any neighbors on notice that there is a farm next door. It would put the new development on notice that there is a farm next door so that the new development doesn’t come in and say they have a nuisance next door. Mr. Chmura presented this correspondence to Mr. Giner.
Alan James, 18 Middle Road, had a question regarding the site plan. The last time there was a proposal it showed quite a bit of wetlands in that area and this time he sees none at all. Chairman Duren stated this is not pertaining to development of the area but pertains only to access or a change in the regulations. If this should pass and they come back in, there would be complete plans.
Ron Ounia, 22 Middle Road, noted no one stated anything about weather and wildlife. There are deer on the property. It is getting cold and that snow is coming and the roads are covered. It is almost impossible for her to get out of her driveway. She thought the medical building would be a big hindrance to 22 Middle Road if you are taking into consideration wildlife and weather.
Mr. Doyle stated the Chairman and the Town Planner have described what they were going to describe in terms of the Johnson Memorial relationship. They do not see a connection between this request for a text change and anything to do with the Johnson Memorial Development which is further east on Hazard Avenue. They have a different lot configuration and the zone split on their property does not come within twenty-five feet of Middle Road. This text change would have no impact on the Johnson Memorial property. This would be singularly appropriate for this site and they have crafted it so that it would be appropriate for only this site.
Mr. Doyle stated one of the pieces that they have noticed in working on medical site developments is that the peaks for these projects do not necessarily coincide with the general peak traffic patterns that you see at between 4:00 and 6:00 on Hazard Avenue. The peak utilization of many of these medical office buildings tends to be 11:00 a.m. and 2:00 p.m. when doctors tend to see their patients. Later in the afternoon and early in the morning the utilization numbers are relatively low and they don’t send large influxes of traffic out on to the highway systems. If they were to move forward and if the Commission were to approve this text change, one of the issues that they would be looking at would be preparing a detailed traffic study. They would be looking at the timing of the light to see if that could be adjusted to accommodate the residential areas. They would also take a look at the peak issues because not all of their traffic would be able to utilize the driveway they are proposing which is going west. A good deal of the traffic will be going east. Mr. Doyle stated they do need this access to the west if this site is to be developed for their purposes.
Mr. Doyle stated one of the issues that happened in the past was an application for a change of zone. In coming before the Commission for a text change, the only thing you are required to do under state statutes is to just provide the text. If you do that and provide no other supplemental information, the whole situation becomes a rumor mill. In the spirit of the recent election that has occurred, they felt it was fair to let the Commission and the residents know of their intentions.
Mr. Doyle thanked the Commission and residents for their comments.
Chairman Duren reported receipt of a letter from Ray Warren, the Director of Developmental Services, supporting this text change. Mr. Giner stated the letter is available for anyone to review.
Chairman Duren opened this hearing to the public again.
Patricia Napora discussed doctors’ hours. She has worked for several doctors and noted doctors’ hours are based on their availability. She has known doctors to be in their offices as late as 6:00 in the evening and as early as 8:30 a.m.
Chairman Duren requested that Mr. Giner talk to the Town Manager about reactions to agendas and what’s on the agenda. Mr. Giner stated he sent out a memo on November 21, 2008 and scanned everything in the file. They had copies of the whole application.
Commissioner Ladd would like a comment from Mr. Santanella as to how this would affect the traffic patterns. Mr. Giner stated he would get another shot at it when the site plan came through. Commissioner Dumont thought we should find out more about the traffic patterns now. Mr. Giner sent a memo out on November 21 to the Police Chief and the Traffic Safety Officer and he received no comments back.
Commissioner Sarno did not feel a traffic study was necessary to know that there are traffic problems in that area. She travels the road all the time and she knows the area. She is concerned about the traffic taking a right turn on to Middle Road and she is concerned about taking a left turn into the building from Hazard Avenue because of the traffic. It is right before that little race track that goes into one lane and they are going to be trying to turn in there. Commissioner Sarno stated she is not sure that lot is even developable for what it is zoned for. It is zoned for a medical office but you can’t really accommodate a medical office there because of the traffic. She doesn’t need a traffic study to know about the accidents in the area. She also agrees with the woman that spoke about doctor’s hours. Her last appointment was at 8:30 a.m. Commissioner Sarno stated maybe the town in doing their ten year plan should look at this parcel again.
Chairman Duren closed this public hearing.
Commissioner Sarno made a motion, seconded by Commissioner Ballard, to approve PH#2660 – Petition for a Text Change to Section 5.50 (Special Requirements for BP Districts) of the Zoning Regulations to allow limited right turn only access on to Middle Road from lots in a BP district where such access is fully contained within the twenty-five foot exception for lots in more than one district pursuant to Section 3.00.5 of the regulations with an effective date of January 1, 2009.
Commissioner Dumont stated he does have a safety concern. He doesn’t feel it is in the Commission’s best interest to have an easy out on to Middle Road. He thought there would be traffic issues and more accidents. He is not in favor of this text change.
Chairman Duren stated it is a tough decision because the Commission has had other proposals for this property. He felt this use is better.
Commissioner Ballard would like to see a longer light from Middle Road on to Hazard Avenue.
Commissioner Dumont would like to see the exit changed somehow so that you make a better attempt to prevent people from going in and out of that exit only. Even if you make the driveway just the width of one car, you still have the chance of someone in a rush going in and there is the potential for an accident. This is seen all the time on Elm Street.
The motion was denied by a 1 – 6 – 0 vote with all alternates participating. Chairman Duren voted in favor.
The reasons for denial are traffic and safety concerns.
d. PH #2661 – Special Use Permit to allow entertainment with a liquor license at property located in a Business Local (BL) District at 1658 King Street, Map 13, Lot 36; Thomas J. Parker, applicant; Tri-State rentals, LLC, owner. (Must close by January 8, 2009)
Tom Parker, 250 Elm Street, Wethersfield, stated they are going into the former Iron Door restaurant and they would like music on Friday and Saturday nights and holidays to make it a little more appealing. They don’t have a band stand but an area with tables and chairs. They don’t have a dance floor so there is no dancing. He is talking about acoustics with the playing of a guitar and noted it is not big enough to have four or five band members. The restaurant only seats 102 people.
Commissioner Ladd confirmed that the live entertainment will be clothed.
Chairman Duren opened this hearing to the audience. No one spoke in favor or against this application.
Mr. Giner requested hours of operation. Mr. Parker stated they would open at 11:30 a.m. and remain open Sunday through Tuesday until 12:00 midnight, Wednesday and Thursday until 1:00 a.m. and Friday and Saturday until 2:00 a.m.
Chairman Duren closed this public hearing.
Commissioner Ladd made a motion, seconded by Commissioner Dumont, to waive the site plan requirements of Section 9.10.2 C for PH#2661 because the information is not necessary in order to decide on the application’s conformance with these Regulations. The motion was approved by a 7 – 0 – 0 vote with all alternates participating.
Commissioner Ballard made a motion, seconded by Commissioner Ladd, to approve PH #2661 – Special Use Permit to allow entertainment with a liquor license at property located in a Business Local (BL) District at 1658 King Street, Map 13, Lot 36; Thomas J. Parker, applicant; Tri-State rentals, LLC, owner. This approval is subject to conformance with the application record and the following conditions:
Conditions to be met prior to the issuance of permits:
1. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
General Conditions:
2. The hours of operation for the establishment shall be limited to:
Sunday through Tuesday from 11:30 a.m. to 12:00 midnight; Wednesday and Thursday from 11:30 a.m. to 1:00 a.m. and Friday and Saturday from 11:30 a.m. to 2:00 a.m.
3. Any live entertainment is also subject to the Town’s Noise Ordinance.
4. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
5. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
6. The approval for musical entertainment in connection with a Class 1 restaurant liquor license. Entertainment is therefore limited to the time that food is being served. Any changes to the functions of the space shall require an amendment to the Special Use Permit.
7. By acceptance of this permit and conditions, the applicant, land owners, and their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
The reason for approval is the premises are accessible for fire and police protection. It has been used for a restaurant in prior times.
The motion was approved by a 7 – 0 – 0 vote with all alternates participating.
NEW BUSINESS
a. Possible calling of the Erosion and Sediment Control Bonds to remedy erosion and sediment problems at the construction site for the American Inn project located on North Maple Street - ($5,060. in PH2092 and $600. in PH2404).
Mr. Giner stated the property construction at North Maple Street has been stopped for some time. The town got the developer to fill the large hole on the site. The sand piles have remained and when the wind blows, it gets pretty bad. Mr. Giner had John Cabibbo go out there and inspect the site and confirm that the site is unsecured. Mr. Giner asked the Town Attorney for some advice as to how to proceed. Mr. Giner would like the Commission to schedule a public show cause hearing for the first meeting in January with notice to the applicant as to why the town should not call the bond. Mr. Giner already has one estimate to knock down the piles and stabilize the site.
Mr. Giner stated this hearing would give the applicant notice that the town is calling the bond. He did get a copy of this agenda but is not present.
Commissioner Sarno made a motion, seconded by Commissioner Lefakis, to schedule a show cause hearing for the January 8, 2009 meeting for the American Inn project located on North Maple Street. The motion was approved by a 7 – 0 – 0 vote with all alternates participating.
OTHER BUSINESS
Commissioner Sarno made a motion, seconded by Commissioner Ballard, to cancel the Commission’s December 18, 2008 meeting. The motion was approved by a 7 – 0 – 0 vote with all alternates participating.
Applications To Be Received
There were no applications to be received.
ADJOURNMENT
Commissioner Sarno made a motion, seconded by Commissioner Ballard, to adjourn. Following a unanimous vote, the Commission adjourned at 10:00 p.m.
Respectfully submitted,
_____________________
Peter Falk, Secretary
Enfield Planning and Zoning Commission
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