|
|
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
NOVEMBER 21, 2002
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, November 21, 2002, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Howard called the meeting to order at 7:30 p.m.
PRESENT: James Howard, Chairman
Anthony DiPace
Charles Duren
Robert Egan
James Hickey, Jr.
Karen Krebs
Jeffrey Cooper, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of November 7, 2002. The Minutes were approved by a 7 - 0 - 0 vote.
CORRESPONDENCE
Mr. Giner reported the Commission received a memorandum from Roger Alsbaugh with some proposed language with options for reviewing signs. Commissioner Duren suggested the Commission have a work session to discuss this. The consensus of the Commission was to discuss the sign options at their next meeting.
Mr. Giner reported there were some letters from the Town Manager's Office regarding the reappointments to the Regional Planning Commission. Following some discussion in which Chairman Howard brought up the possibility of a staff person being appointed, Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the appointment of Joseph Jednak as the CRCOG member and Anthony DiPace as the Alternate. The motion was approved by a 7 - 0 - 0 vote.
Chairman Howard reported receipt of a letter regarding the Denny's facade.
COMMISSIONERS' CORRESPONDENCE
Chairman Howard reported the Commission received correspondence regarding the pending lawsuit, Pappas vs. Enfield Planning and Zoning Commission.
Chairman Howard noted there is American Planning Association web training available to Commission members. Mr. Giner will look into this.
Commissioner Duren reported he attended a meeting of the Enfield Revitalization Committee last week and they still would like a meeting with the Commission. Mr. Giner stated he spoke to Bill Lee and initially he only wanted to meet with the officers and the Town Manager. Mr. Giner has such a meeting scheduled for tomorrow afternoon and he will report back to the Commission on the outcome of that meeting. Some discussion followed regarding the previous appointment of Commissioner Duren as the liaison to the Enfield Revitalization Committee. Commissioner Duren stated if the agenda contains items that may come before this Commission, he will leave the meeting.
Commissioner Duren requested that the Planning Office mail him the agendas for these meetings.
PUBLIC HEARINGS
a. PH#2341 - Application for a Special Use Permit to allow an accessory coffee shop in an existing bicycle shop at 270 Enfield Street, zoned BL, Map 34, Lot 161, State Line Cycles, Owner/Applicant. (Must close by December 12).
Mr. Giner reported the applicant did return the public hearing sign and received his money back. He also stated the gentleman who returned the sign stated they did not want to proceed with the application. However, Mr. Giner has not received this information in writing from the applicant as he requested.
Mr. Giner stated the applicant granted the Commission a two-week extension to today so it is necessary for the Commission to act on this application.
Chairman Howard asked for input from the public. No one spoke in favor or against this application. Chairman Howard closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2341, application of State Line Cycles for an accessory coffee shop. The motion was denied by a 0 - 7 - 0 vote.
The reason for denial is the applicant is not present and the public hearing sign was down before the public hearing was closed. Chairman Howard stated this application was denied without prejudice and the applicant may reapply at a later date.
b. PH#2347/SPR#1196 - Application for a Special Use Permit to allow a modification to a non-conforming use for the construction of a bank with drive-through window at 73 Hazard Avenue, at the northwest corner of Palomba Drive, property zoned BL, Map 56, Lot 6, Tolland Bank, Applicant; Joseph J. Seremet, Jr., Owner. (Must close by December 12)
Attorney Dorian Reiser from Kahan, Kerensky & Capossela appeared before the Commission regarding this application. She stated on November 7, Joe Capossela made a full presentation on this application. It is her understanding the hearing was held open so the Town Planner could draft a motion with suggested conditions.
Attorney Reiser had two comments regarding two conditions suggested in the motion that was mailed to her prior to this hearing. Item #6 deals with two double face no parking fire lane signs on the edges of their landscaped area to the west of their building. Attorney Reiser stated Tolland Bank will have no objection to posting those signs on the edges of their property at the landscaped island. She reiterated that all of the property to the west of it is not property that will be controlled by Tolland Bank. They do have a common driveway easement as well as the right to share underground utilities but they don't have any control over the parking that is there. Tolland Bank will post the signs but when it comes to enforcement they really don't have any ability to do that. Attorney Reiser did not feel this will be a problem because it is part of the travel way and she doesn't expect people to be parking there. The parking as it used to be was really more on Tolland Bank's property and now with the landscaping, parking would not be a possibility because it would impede the travel way.
Attorney Reiser stated the second item is #13 referring to final Fire Marshal approval before the issuance of permits. One question that arose at the hearing was regarding the travel way to the very north edge of the property right beyond their drive-through. They are showing it at 22' and the Fire Marshal at one point was requesting 24'. Attorney Reiser stated at the last hearing there was testimony from their engineer that because of the grading on that landscaped island, it is very steep and to make it even shorter would compound the possible erosion problem. They are hoping that the Commission has heard enough to satisfy them that 22' to the rear will be sufficient. Attorney Reiser noted one of the purposes of this application is to reduce a nonconformity having to do with insufficient landscaping within the parking area. She is concerned that if they were required to shorten that area, due to the erosion problem, they might lose some additional landscaping that they are trying to enhance in the parking area. She requested that the Commission make a determination on the 22' and leave the other items regarding fire hydrants and related items to the Fire Marshal.
Mr. Giner clarified the site plan elements are covered under conditions prior to the signing of the mylar certificates. He did not present any conditions that further widen that area Attorney Reiser discussed. He suggested a rewording of the condition to read: "Final Fire Marshal approval of building plans shall be obtained." It would then be clear that the site plans signed by the Commission were exactly what were approved. Commissioner DiPace suggested an addition that "the lane between the two buildings shall be 22'.
Commissioner Egan stated he raised the issue about this area. It was a traffic flow issue that impacted the other businesses in that plaza. Attorney Capossela stated their plan is to improve the site from what it is today and he was going to ask about whether or not that extra two feet could be gained there. Commissioner Egan noted that is a traffic flow problem as well as a fire truck access problem. The result will be there is not going to be a smooth traffic flow. Attorney Reiser stated she was not aware if Attorney Capossela spoke to the owner of the adjoining property about this. What he told her is that when the traffic comes in here, right now because of the angle, it really is only conducive to one-way traffic anyway. She pointed out the slope of the island and the fact that the paving lines for the parking are sloped that way now. The only direction traffic would be coming in would be going west. They do not expect traffic to be coming east and out to Palomba.
Eric Peterson, Gardner & Peterson, the engineer for this project, stated one other thing they brought up at the previous meeting is that the purpose of this curb is to actually protect the parked cars and if they were to cut this back, it would leave the cars unprotected. Commissioner Duren stated the Commission also discussed the picnic table and tree located in this area.
Attorney Reiser stated under the common driveway easement they have for that northern access way, they do not have any parking rights on their property nor do they have parking rights on Tolland Bank's property. It is just a travel through there. Tolland Bank really doesn't have any control over what they do for parking on their property.
Commissioner Egan felt it would make more sense to take that out to get a smoother flow of traffic.
Mr. Giner stated Fire Marshal Censki has reviewed the proposed conditions and was in agreement with them. Mr. Giner explained to him that the reason they cannot force any striping on that side is because it is not their property. Mr. Censki stated he would enforce that on the other property. He would like to have at least the two double faced signs. Mr. Giner pointed out conditions five and seven which address the Fire Marshal's concerns.
Mr. Giner noted receipt of a memo from the Traffic Safety Officer Lieutenant Boula indicating he is happy with the proposed plan. He added that the Engineering conditions are contained in the conditions of approval.
Chairman Howard opened this public hearing to the audience. No one spoke in favor or against this application. Chairman Howard closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner DiPace, to approve PH#2347/SPR#1196 - Application for a Special Use Permit to allow a modification to a nonconforming use for the construction of a bank building with drive-through window at 73 Hazard Avenue, at the northwest corner of Palomba Drive, property zoned BL, Map 56, Lot 6, Tolland Bank, Applicant; Joseph J. Seremet, Jr., Owner. This approval is subject to conformance with the referenced plans as contained in the memo from Jose Giner dated November 19, 2002 as may be required to be modified by this motion, and the following conditions:
Conditions to be met prior to signing of mylars and certificate:
1. All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
3. The Public Hearing file number "PH 2347/SPR#1196" shall be displayed prominently on all final plan sheets either in the title block or in the area around it.
4. A schedule and description of responsibility for maintenance of the storm water system shall be on the mylars.
5. In lieu of widening, the final plans shall indicate that the common driveway to the north of the drive-through shall be striped and signed as a fire lane "No Parking" area and shall be a minimum of 22' wide.
6. The final plans shall indicate that two double faced "No Parking Fire Lane" signs shall be placed at the edges of the landscaped island located to the west of the proposed new building.
7. The final plans shall show the addition of a fire hydrant adjacent to the property in a location to be coordinated with the Town Engineer, the Fire Marshal and the Hazardville Water Company.
8. The detail for the monolithic curb and walk on the final plans shall be revised to indicate a reveal of six inches.
9. All the details which call out "process aggregate (gravel)" shall be revised to "process aggregate (crushed stone)."
10. The typographical error on sheet 6 of 6 which states the Project Dates with project completion before the start of construction shall be corrected.
11. The conditions of this approval shall be incorporated on to the final mylars submitted.
Conditions to be met prior to the issuance of permits:
12. One set of final mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission. The signed mylars shall be filed with the Town Clerk prior to the Special Permit becoming effective.
13. Final Fire Marshall approval shall be obtained.
14. 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.
15. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
16. The applicant shall post a bond for Site improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town Attorney.
17. A Separate Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
18. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
19. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit to the Planning Director, final plans in a digital format prescribed by the Director.
20. All traffic and fire safety signage shall be installed prior to the issuance of the certificate of zoning compliance.
General Conditions:
21. All individual signs must obtain permits after review of plans that comply with current sign regulations.
22. 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.
23. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
24. A building permit for the construction of facilities as approved must be obtained November 21, 2003 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
25. 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 motion was approved by a 7 - 0 - 0 vote.
PUBLIC HEARINGS - NEW
PH #2349 - Application for a modification to an existing Special Permit to allow the replacement and enlargement of existing decks at Nutmeg Village Condominiums located at 288 Broad Brook Road, Zoned R-88, Map 88, Lot 114, Nutmeg Village Condominium Association, Inc. applicant/owner. (Must close by December 12)
Bettyanne Janelle, the Secretary/Treasurer of Nutmeg Village Condominium Association appeared before the Commission regarding this application. She stated their decks are in need of repair and at the last meeting of the unit owners, it was determined that they would like to seek an application for modification of the decks. They would like to enlarge them from 6' x 8' to 8' x 10'. The reason for this is to better utilize the decks by the unit owners. The decks are proposed for all four buildings or a total of sixteen decks that would be replaced.
Commissioner Duren asked if any of the deck enlargements would go into any of the common areas. Mr. Giner confirmed they do not and the enlargements would be minimal.
Chairman Howard opened this hearing to the public for their input.
Debbie Daigle, 288 Nutmeg Village, spoke in favor of this application. She has been a resident of Enfield all her life. She noted the present decks are in dire need of replacement and they would appreciate the extra two feet. The replacement decks would not impede on any neighbor's property and she would request the Commission's approval.
Rose Colli, 288 Broad Brook Road, Unit #3D, President of the Nutmeg Village Association, stated she is in favor of replacing and increasing the size of the decks.
Mr. Giner reported the closest building which is the one up against the Broad Brook Road residences is over 90' away from the back line so there would be no encroachment by the expanded decks.
Commissioner Duren noted receipt of Minutes of the Meeting of the Nutmeg Village Association dated August 18, 2002 where the Association voted to approve this deck expansion proposal.
Chairman Howard closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2349, application for a modification to an existing Special Permit to allow the replacement and enlargement of existing decks from 6'8" to 8'10" at Nutmeg Village Condominiums located at 288 Broad Brook Road. The motion was approved by a 7 - 0 - 0 vote.
b. PH #2354 - Application for a Special Use Permit to allow the unmerging of one lot containing 16 lots of record into 4 lots under Section 3.20.2 of the regulations for property located on Kalish and Bernardino Avenues, Zoned R-33, Map 34, Lot 78, J&L Builders, LLC applicant/owner. (Must close by December 19)
c. PH #2357 - Application for a 4-lot subdivision for property located on Kalish and Bernardino Avenues, Zoned R-33, Map 34, Lot 78, J&L Builders, LLC applicant/owner. (Must close by December 19) - This public hearing was continued to December 5, 2002.
Anthony Spazzarini, 40 Post Office Road, and Laurie Longi, 1427 Enfield Street, appeared before the Commission regarding the above applications.
Mr. Spazzarini stated this was originally a sixteen-lot area and they are trying to get two lots on Bernardino Avenue and two lots on Kalish Avenue.
Commissioner Duren asked if the area of the sixteen-lots is presently empty. Mr. Spazzarini confirmed it is all empty land and was formerly a sand bank.
Commissioner Duren asked about the designated right of way to the town and the purpose of that right of way. Mr. Spazzarini stated the plans have changed and they decided to use dry wells. The Commission should have new plans. Mr. Spazzarini noted at the ART meeting there was a lot of discussion about this and the fact that the town would have to maintain the area. At that meeting, he suggested dry wells be used.
Commissioner Duren stated the Town Engineer has a problem. He states a drainage calculation sheet has been submitted and proposed dry wells are designed based on assumed percolation rates. He would suggest the percolation test be performed to verify the proposed capacity of the dry well system. He also had a concern about the proximity of the dry wells to the property line.
Mr. Spazzarini stated he had the property surveyed. He also dug the test holes for the engineer and Mr. Spazzarini thought all of that was addressed. He added the entire area is sand. Mr. Spazzarini stated they can perform the perk tests.
Commissioner Egan asked if the work has begun on this property. Mr. Spazzarini stated they cut all the trees down this summer and they did take some of the hill down.
Commissioner Duren stated there is a fence and a shed encroachment. Mr. Spazzarini stated that will be taken care of by them.
Commissioner Egan asked if there was any more detail information on the drainage regarding the use of dry wells. Mr. Spazzarini stated it was noted at the ART meeting that the Town and the Planning Office did not really like a drainage on private property where the town would have to maintain it. He suggested the use of dry wells and that is how the change came about.
Commissioner Egan stated there is some mention about tying in the roof drains. Mr. Spazzarini stated his proposal was they would drain on the ground. Commissioner Egan suggested Mr. Spazzarini talk to his engineer and find out what he has planned regarding the roof drains.
Commissioner Egan stated the problem is the drainage on to the neighbors' property. They have removed much of the hill already and the concern is the drainage from this site to the neighboring property. Mr. Spazzarini stated Mr. Nasti, an resident downhill, seems to be happy about the use of dry wells.
Mr. Spazzarini confirmed there will be two dry wells for the four proposed residences. The dry wells would be maintained by the property owner. The Commission discussed the necessary maintenance for dry wells. Laurie Longi stated on a previous project they completed, the maintenance for the dry well was written into the deed.
Commissioner Egan asked if there are calculations on the coverage of the lots. Mr. Spazzarini stated they are planning on homes of 1,300 square feet and any capes would be 864 feet on the first floor.
Mr. Giner stated on subdivisions, they usually do not get into the specific coverage details until the people choose particular home designs. Commissioner Egan noted the regulations require that the Commission look at coverage of the lot. Mr. Giner stated there is a general area noted where the house could be located and this is reviewed by the Zoning Enforcement Officer. However, the detailed analysis doesn't come until the permit is issued. Commissioner Egan stated he would like to know the coverage details prior to voting on this application.
Chairman Howard opened this hearing to the public. No one spoke in favor or against this application.
Mr. Giner stated using the median in the area, the figures are slightly less. For the most part, the frontage requirements are met. On Bernardino, the applicant did not need any waivers for the lot areas. On Kalish there was no question about the median. On Bernardino the median was 84.94 and on Kalish it was 87.36. The lot areas comply and there was some minor frontage variations with the largest variance of 6% on one of the lots. Mr. Giner stated ten percent is the allowed level.
Mr. Giner stated some of the lots are crossed off because the median is calculated by using only the developed lots.
Mr. Giner stated because this is a subdivision, there is a waiver of sidewalks on both Kalish and Bernardino. Also, the Commission would have to address fees in lieu of open space.
Commissioner Duren suggested leaving the subdivision hearing open but acting on splitting the lots of record. Commissioner Egan felt the Commission should leave both hearings open until the necessary information is received.
Mr. Giner stated there are overlapping issues in the two applications. One of the findings to approve a special use permit for the division of merged lots is that the resulting development of the parcel will not adversely affect the traffic patterns or storm water runoff. He suggested keeping both hearings open.
Following further discussion, Mr. Giner asked if under 320g. would the Commission be able to make a finding that it doesn't affect storm water runoff.
Chairman Howard polled the Commission regarding action. The opinions were mixed. Commissioner Egan felt there were still open issues on the unmerging of the lots regarding the storm water management.
Commissioner DiPace noted not too long ago, there was an application in this same area and he asked if the Commission was provided with any drainage calculations for that application and if there have been any problems. Mr. Giner stated that was not a subdivision but a one-lot split. This is usually the case and technically under state statutes, they are not subdivisions. Mr. Giner added on the previous one-lot split, he is not aware of any complaints.
Chairman Howard continued this public hearing to the next meeting.
BOND RELEASES
1. PH #2086 - Request for release of $3,200 Landscaping Bond for Bank of Boston ATM Kiosk at Stateline Plaza.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the landscaping bond in the amount of $3,200 for the Bank of Boston ATM Kiosk at Stateline Plaza. The motion was approved by a 7 - 0 - 0 vote.
2. PH #2040 - Request for release of $8,888 Landscaping Bond for George A Colli, Jr., Your Home LLC, Katie Lane Subdivision (off Hazard Avenue).
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the landscaping bond in the amount of $8,888 for George A. Colli, Jr., Your Home LLC, Katie Lane Subdivision (off Hazard Avenue) upon the recommendation of Jose Giner. The motion was approved by a 7 - 0 - 0 vote.
3. PH #2198, 2199, 2200/IW #323 - Request for partial release of the erosion and sediment bond for Birch Hill Development Phase II, off Abbe Road, Bob DiGennaro, applicant.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the $57,900 erosion control bond for PH#2198, 2199, and 2200/IW#323 Birch Hill Development Phase II off Abbe Road, Bob DiGennaro, Applicant, per a recommendation from the Engineering Department dated November 21, 2002.
Commissioner Duren questioned the release of partial bonds. Mr. Giner stated the applicant can request and the Commission can allow a phasing of bonds. Mr. DiGennaro is requesting the release since the work has been completed.
The motion was approved by a 7 - 0 - 0 vote.
NEW BUSINESS
Applications to be accepted:
PH #2358/#2359 - Application for Resubdivision and for a Special Use Permit for Rear Lot In An Open Space Subdivision at 340 Elm Street, Zoned R-44, Map 74, Lot 237, Jeffrey Buckley, applicant, Francis D'Aleo, owner.
PH #2360 - Application for Special Use Permit FOR Home Occupation/Professional Office Use with 2 Non-Resident Employees at 55 Sharren Lane, Zoned R-33, Map 62, Lot 97, Neal Peterson, owner/applicant.
OTHER BUSINESS
a. Proposed Change of Enfield Planning and Zoning Commission By-laws ARTICLE VIII MEETINGS - Section 1. Regular Meetings will normally be held on the first and third Thursday of each month at 7:30 7:00 p.m. at the Town Hall but shall be consistent with the meeting schedule filed with the Town Clerk. (Requires a 2/3 vote)
It was the consensus of the Commission to leave the 7:30 p.m. meeting time as it is and reconsider a time change in January, 2003.
b. Proposed dates of meetings for 2003
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the 2003 meeting dates as amended at the previous meeting. The motion was approved by a 7 - 0 - 0 vote.
The next Commission meeting is Thursday, December 5, 2002
ADJOURNMENT
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to adjourn. Following a unanimous vote, the Commission adjourned at 8:35 p.m.
Respectfully submitted,
_______________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
|
|
Last Modified: 11/5/2004 3:44:22 AM
|
|
|