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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
NOVEMBER 7, 2002
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, November 7, 2002, in the Town Council Chambers, 820 Enfield Street, Enfield, Connecticut. Vice Chairman Duren called the meeting to order at 7:30 p.m.
PRESENT: Charles Duren, Vice Chairman
Anthony DiPace
Robert Egan
James Hickey, Jr.
Karen Krebs
Nicles Lefakis
Jeffrey Cooper, Alternate
ABSENT: James Howard, Chairman
Karen Weseliza, Alternate
Joseph Jedynak, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of October 3, 2002. The Minutes were approved by a 6 - 0 - 1 vote. Commissioner Cooper abstained.
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of October 17, 2002. The Minutes were approved by a 6 - 0 - 1 vote. Commissioner Cooper abstained.
STAFF COMMENTS
a. Town Attorney (in writing)
Mr. Giner stated item 4, Pappas v. PZC will be handled by the Town Attorney's Office and not an outside attorney.
Vice Chairman Duren asked about a time limit for Botticello v. ZBA. Mr. Giner stated all the approvals have been obtained and there are no violations currently pending. The Town Attorney's Office will be checking on this for a withdrawal.
Vice Chairman Duren asked about item three. Mr. Giner stated the reports in the newspaper concerned the DEP and not the court.
b. Zoning Enforcement Officer (in writing)
Commissioner Egan stated he does not see anything in this report regarding Rich's Oil. He asked if they have submitted an application. Mr. Giner stated they have not yet done so but they did meet with him and they are now preparing plans. They have an option on a building on Moody Road. Commissioner Egan requested an updated letter from Rich's Oil with some time frames as to when they plan to submit their application.
Commissioner Egan asked about Twin Oaks Auto Body and if the Zoning Enforcement Officer has visited the site and followed up on the existing violations. He would like a status report from the Zoning Enforcement Officer.
Commissioner Cooper asked about the status of Case #4305, Tire Country. It is the second violation and occurred over a month ago. Mr. Giner will check on this with the Zoning Enforcement Officer.
c. Director of Planning and Community Development
Mr. Giner introduced Neil Angus, the new Assistant Town Planner, to the Commission.
Mr. Giner reported A. W. Hastings came in for some landscaping modifications which he approved as minor. They included a flagpole to the front that will be added with related landscaping.
Mr. Giner stated there is an application from Public Works to change the roof color on J. F. Kennedy Middle School. They received approval for a blue colored roof and they are changing to a gray color. Mr. Giner stated he approved this as a minor modification.
Mr. Giner received a plan for upgrading the landscaping across the street for the day care center. He will approve this as a minor modification.
Mr. Giner had a request from Denny's for the same roof but a slightly different sign that will be approved by the Planning Department. The painted band is red similar to Burger King. Mr. Giner felt it will be compatible to the area and he asked about approving this as a minor modification. The consensus of the Commission was to allow Mr. Giner to approve this item administratively.
Vice Chairman Duren stated he received a copy of a letter dated November 5, 2002 to Jose Giner pertaining to PH#2345, zoning map amendment on Mullen Road, from David Berto withdrawing this application.
CORRESPONDENCE
Vice Chairman Duren reported receipt of a memo from Ray Warren dated November 5, 2002 concerning NU's Quick Tracts Program. Mr. Giner stated Mr. Warren would like a formal endorsement.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to put an item on the agenda this evening following Correspondence entitled item 7b. Presentation by Ray Warren regarding NU's Quick Tracts Program. The motion was approved by a 7 - 0 - 0 vote.
Mr. Giner presented the 2003 Meeting Dates for review by the Commission. Commissioner DiPace questioned if the Commission wants to meet the day after New Year's. The consensus was to schedule the January meetings for January 9 and 23, 2003.
Commissioner DiPace asked about July's meeting dates. The consensus of the Commission was to schedule the July meetings for July 10 and July 24, 2003.
Commissioner DiPace brought up the application for the Fermi High School sign located in the front. He felt it was a great sign but the application was denied due to the size of the sign. He asked if the Commission would have the ability to waive this sign regulation for a municipal use. Commissioner DiPace requested that Mr. Giner provide the Commission with a minor amendment to the regulations for municipal properties to allow them a greater amount of sign coverage. Mr. Giner stated it makes sense and a larger sign than what is presently allowed would be appropriate for those type of institutional uses. Mr. Giner stated all municipal permits are special use permits in a residential zone.
Commissioner DiPace stated the Quick Tract proposal also includes municipal properties. He suggested Mr. Giner draft something for presentation to the Commission regarding such municipal signs. Some discussion followed on the existing signs at Fermi High School and the variance process that would have to be followed under the present regulations.
Mr. Giner will draft an amendment regarding municipal signs and it can be discussed by the Commission at a public hearing.
Vice Chairman Duren noted the recent letter from Paul Fox regarding U-Save. He thought the Commission had decided that. Mr. Giner confirmed that the Commission previously stated they were not interested in changing the zone.
Vice Chairman Duren brought up the letter received from Ray Warren as well as the Notices of Action from Inland Wetlands, Enfield Historic District Commission and the Zoning Board of Appeals. Vice Chairman Duren noted that the Zoning Board of Appeals is receiving applications regarding lots of record and he questioned if they were varying the mathematical figures. Mr. Giner stated there was an application to vary the side yard on O'Hear Avenue which was denied. If this had been approved, it would still have had to come before the Planning and Zoning Commission.
Vice Chairman Duren brought up another ZBA application where the lot was split with half for Business on Hazard Avenue and the other half for residential on Southview. He stated when the regulations were changed, it was his understanding that lots of record would not go to ZBA but come before this Commission. Mr. Giner will check into this but he did not feel this particular situation fit into the lot of record definition. Commissioner DiPace stated the ZBA can do variances but cannot approve lots of record and this application would be invalid if this is what was approved by them. Lots of record must come before the Planning and Zoning Commission. Vice Chairman Duren asked that Mr. Giner advise the ZBA applicant as they may think they are approved.
PUBLIC HEARINGS - Continued from October 17, 2002
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 November 7).
Stephen Holter, the Service Manager, appeared before the Commission representing State Line Cycles. He stated they are interested in having a coffee shop as part of the bicycle shop.
Vice Chairman Duren stated the Health Department memo is talking about a bakery and a grease trap. Mr. Holter stated they have no intention of having this on the site. Vice Chairman Duren stated Water Pollution Control also talks about grease traps and a bakery. Mr. Holter stated the intent is to sell coffee and bring in pastries from elsewhere. There will be no baking on site.
Mr. Giner stated this application was previously approved for State Line Cycles' former location.
Commissioner Egan asked if this facility is going to be open to the general public and will there be a lot of additional traffic. Mr. Holter stated there will be a little more traffic than presently exists because it is going to be open to the public. The general intent is to have a social gathering spot for cyclists. It would be a ride destination where cyclists would ride to the shop, have some coffee and go on to the next stop. Mr. Holter stated there will be an increase in bike traffic and some increase in car traffic. Commissioner Egan had a concern about the neighbors in the back with increasing car traffic and the possibility of head lights shining into their homes. He stated if this is an infrequent operation with most cycle rides during the day, there would be minimal traffic at night. Mr. Holter stated during the summer they ride at 6:00 p.m. and return while it is still light. This year there may be group mountain ride bikes a couple of nights per week. He anticipated most of the coffee activity would be during the day.
Commissioner DiPace brought up the color change on the exterior of the building to purple and yellow. He noted the colors are a little bit bright and he has had a lot of people complain about them. Commissioner DiPace stated the Commission has imposed a design district for this area and the new colors do not blend in with this area of Enfield Street. He asked if a change of color to the building is an option.
Mr. Holter stated the purple and yellow have been the team colors for the cycle shop and it is a shop tradition to have these colors. Commissioner DiPace noted the former location did not have these colors. Mr. Holter will discuss the colors with the owner.
Commissioner Cooper asked if the coffee shop will be open the same amount of hours as the bike shop. Mr. Holter stated that is yet to be determined. The plan is to have the coffee shop open during normal shop hours which are 12:00 noon to 8:00 p.m. They might open the coffee shop in the early morning hours for passers by.
Commissioner DiPace asked if this hearing has to close this evening. Mr. Giner stated the Commission can request an extension. Following some discussion on procedure, Mr. Giner requested that the applicant provide the Commission with an extension in writing for two weeks or until the next Commission meeting.
Commissioner Krebs would like input not only on the colors of the building but also on the specific hours when the coffee will be served.
Commissioner Egan asked that the Zoning Enforcement Officer look at the site which contains two dumpsters not located on pads which seem to be moving closer to the neighboring residences in the back.
Vice Chairman Duren opened this hearing to the public.
Chris Herring, 37 Parker Street, stated he is in favor of the coffee shop at this location. He participates in the cycle rides and they begin at one location and travel to another bike shop that has a similar setup. It would be nice to give other bikes a place to come in Enfield while on their rides.
Commissioner Lefakis stated it seems the traffic being referred to is bicycle traffic as opposed to car traffic and this makes a big difference as far as the parking.
Mr. Giner confirmed that he has a written extension from the applicant.
Vice Chairman Duren continued this public hearing to November 21, 2002.
b. Quick Tracts Program - Ray Warren
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to draft a letter for the Chairman's signature to be reviewed by the Commission and the Town Attorney prior to approval, authorizing acceptance of the Quick Tracts Program presented by Mr. Warren in his memo dated November 6, 2002.
Commissioner Egan noted there are some time limits noted in the information presented and he suggested the Commission review whether those time limits meet the state statutes or the town's zoning regulations.
Commissioner DiPace stated the material states "to review the project within thirty days upon submission of a complete application." Commissioner Egan stated prior to the drafting of this letter, there has to be a review of state statutes and the town's ordinances to make sure they are not in violation. It should also be considered that by approval of this program, the Commission is not creating a situation that is more preferable to municipal applications than it is to the general public. Commissioner Egan stated he has no problem considering a special meeting to meet the time requirements but he doesn't think the Commission should be that specific in the letter without a confirmation there are no violations of the ordinance or state statutes.
Commissioner DiPace stated the properties being considered for this program are properties that are shovel ready with the infrastructure already completed. Following some discussion of the proposal, Vice Chairman Duren suggested the Commission have the draft letter reviewed by the Town Attorney.
Commissioner Lefakis requested an interpretation of the word "review." In his opinion, it could mean an ART meeting, that the Commission listen to the proposal or that the Commission has to vote on the proposal. He would like that clarified.
The motion was approved by a 7 - 0 - 0 vote.
c. PH#2345 - Application to amend zoning map to change zoning on 14.64 acre parcel on Mullen Road from Industrial (I-1) to R-33, westerly portion of Map 16, Lot 3, David Berto, Housing Enterprises, Inc., applicant/Carl and Kimberley Nowik, Owners. (Must close by November 21).
This application was withdrawn at the request of the applicant.
PUBLIC HEARINGS - NEW
a. 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 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. (Must close by December 12).
Attorney Joseph P. Capossela from the Vernon law firm of Kahan, Kerensky & Capossela, appeared before the Commission representing the applicant, Tolland Bank. Also present was Joseph Rossi, the President and CEO of Tolland Bank.
Attorney Capossella stated they are before the Commission tonight seeking approval for a new branch bank at 73 Hazard Avenue, the former Bickford's site. The site is located at the northwest corner of Hazard Avenue and Palomba Drive. Attorney Capossella submitted an affidavit to Mr. Giner confirming that the public hearing signs have been posted.
Attorney Capossella stated they are requesting four items from the Commission this evening. The first is a special permit under Section 3.40.1c. for changes to a nonconforming use regarding pavement and coverage. This site is paved to the street line and the town's regulations require setbacks. The plans they will present tonight will improve that but they are not going back to fully meet the regulations.
Attorney Capossella stated the second item being requested is a bank drive-through under Section 5.20. The third item is site plan approval for their proposed 4,100 square foot building and the fourth item is site plan approval for one Class C freestanding sign.
Attorney Capossella stated the site is bounded easterly by Palomba Drive, southerly by Hazard Avenue and westerly by Toner and Roberts. The site is .95 acres and is located in a BL zone.
Eric Peterson, Gardner & Peterson Associates, Tolland, Connecticut stated this firm is doing the civil engineering and land surveying on this project. He distributed a new set of plans with some minor revisions to the earlier plans submitted.
Attorney Capossella stated these plans being distributed have only a few minor revisions from the plans previously submitted and he elaborated on the revisions. The first revision is on page 1 and it is the revision date of 11/6/02. On page two, on sheet two, they now show the approximate location of the existing water service that extends from their site westerly to the Toner and Roberts site. That was not on the plan before and someone requested it. They are also showing on Sheet 2 an existing fire hydrant at the northeast corner of the intersection. Attorney Capossella stated there will be some discussion about the Fire Marshal's comments and he wanted the Commission to be aware of the existing hydrant across the street. On Sheet 3, they are showing the proposed water line that extends out to the west along with the existing hydrant. They are also showing on Sheet 3 proposed parking for no parking fire lane. Mr. Peterson added on Sheet 3, they show the specifications for the sewer lateral type of pipe and minimum slope.
Mr. Peterson stated on Sheet 4 they had to adjust the grading to provide adequate handicapped access to the building. Attorney Capossella added that was added after a comment from the Fire Marshal.
Mr. Peterson stated on Sheet 5, the landscaping plan, the symbol is CA and they added Crabapple trees where on the original set they had dogwood trees. This is also due to some of the Fire Marshal's comments.
Mr. Peterson reviewed the plans for the Commission. He noted the plan showing where they are located on the northwest corner of Hazard Avenue and Palomba Drive in a Business Local Zone with a parcel just under an acre.
Mr. Peterson stated what they are proposing to do is remove the existing pavement from their site and remove the building. Attorney Capossella stated when Tolland Bank became involved in this site, their intent was to use the existing structure. Through investigations of the building, because there were a lot of additions and patchwork construction done, the conclusion was to raze the building, leave the foundation and rebuild.
Mr. Peterson stated they will build on a portion of the foundation that is existing. They will try to keep the grades relatively the same as shown. They are changing the grades in the handicapped parking area to provide adequate slope for access for handicapped and for the drive-through area. There will be two drive-through lanes and an ATM lane and they need to fill that area a little to match the finished floor of the building. They will then repave and provide new landscaping. They will be reducing the impervious coverage by approximately fourteen percent and provide additional landscaping in addition to what is existing. Attorney Capossela stated they will go from 89% impervious coverage existing down to 75%. They are doing the best they can with what they have while also providing for their customers.
Mr. Peterson noted the zoning table on Sheet 3 of the plans. They are increasing the existing buffer on Hazard Avenue from one foot up to twelve feet. On Palomba Drive, they will increase the buffer by five times or from six inches to two and a half feet.
Attorney Capossela discussed the history of the site and noted the owner at one time owned the entire parcel and carved it up the way it is along with cross easements on the property. The entrance and exit to this site are what it are and they are not altering that in any fashion with this proposal. They will be utilizing the curb cuts on Palomba and the curb cut on Hazard Avenue.
Mr. Peterson stated they are also reducing the drainage leaving this site in all directions as shown on the drainage calculations they submitted initially with this project. They are not changing any structures on the site. There is an existing catch basin on the southeast corner of the site which will be collecting most of the flow from the site and then draining out to the state system. They are reducing that flow by one-tenth of a CFS. There is a catch basin on the northeast corner of the property which will be collecting flow from part of the drive-through and that flows northerly up to Palomba Drive. They would also not be increasing that flow.
Attorney Capossela discussed the drive-through and stated there was some question at the ART from the Police Department about traffic safety and stacking. They showed three cars at each teller and Lieutenant Boula had a concern about people backed out on to Palomba Drive. As a result of his comments, an additional lane was added along with directional arrows and a sign stating "do not block intersection." Mr. Peterson stated they created three lanes, one to turn into the drive-through, one for oncoming traffic and one for people exiting the site with a stop sign. Mr. Giner stated Lieutenant Boula verbally stated to him that his concerns had been addressed.
Commissioner Lefakis asked about the flow of traffic into the drive-through window. It looks like it is coming from Palomba Drive. Attorney Capossela stated the access would be from either Palomba Drive or Hazard Avenue. Commissioner Lefakis questioned if there would be space for three cars to stack at the window. Attorney Capossela stated it would be one car transacting business and two additional cars.
Commissioner Lefakis asked about the conversation they had against the opposite flow when they were deciding on this traffic flow. The architect responded there was a safety concern about bringing the traffic in front of the building because there would be customers parking and walking into the bank. Attorney Capossela added generally with a bank drive-through, the desire is to have the bank on the driver's side. The first discussion showed the drive-through on the right side of the building and upon further review, the bank felt it would be better with the drive-through in the back and additional green space on the right which would extend to the property line.
John Orsopolous, a landscape architect from Mansfield, discussed the landscaping for the site. One of the major considerations of this site was its location on the corner of two roads. He pointed out the location of the large shade trees on the site which have light foliage and flower in the summer. Throughout the plan there is a mixture of evergreen and non-evergreen plants along with many flowering species. The evergreens are two and a half to three feet maximum in height so there will be no sight line problems. There is also ground cover or shrubs against the building. In the drive-through area, one of the comments from the Fire Marshal was the original dogwood trees specified, while small, could grow out in years to come. Therefore, the species was changed to a crabapple tree which is very narrow and will better fit the site. There will be evergreen shrubs beneath the crabapples.
Following a question from Commissioner Cooper, Mr. Orsopolous stated the shade trees proposed will, in fifty years, grow to fifty or sixty feet tall by thirty-five to forty feet wide. He added there are no power lines in the area of these trees.
Commissioner Krebs asked about lighting, elevations and roof-top units.
Jim Bell from Moser, Pilon, Nelson Architects in Wethersfield discussed the building proposed. The existing building is being removed above grade. The existing building is about 5,600 square feet and the new building proposed is approximately 4,100 square feet. They are removing the building completely above grade but presently existing is a partial basement. They will remove a portion of that basement but reuse some of it. They will also remove a series of foundations and slabs that were added as the building grew.
Mr. Bell showed the extent of the basement they are keeping and stated the balance would be a crawl space for the new construction. The basement will be used for mechanical equipment and, possibly, some storage.
Mr. Bell stated the main floor of the building is the bank and the tenant space. The bank will utilize about 2,900 square feet with five teller stations, a main covered entry with some decorative columns and support spaces of offices and conference rooms. There will be approximately 1,200 square feet of tenant space. There will be three drive-through lanes. The first is the direct deal drawer and there is a remote station with a pneumatic tube and an ATM station along the back.
Mr. Bell stated the building is a one-story brick building with wood frame backup, a gable trussed roof with shingles with some various gables on the ends and the covered entry and the decorative columns for the bank and the tenant entry. Regarding material, they are proposing to use a split-faced concrete block and he presented samples. Above that would be brick and he presented red brick samples. For the sign band and inside the gable ends, they would use a synthetic stucco. There will be an asphalt shingled roof. The windows would be pre-finished aluminum windows. They are not proposing any roof top units.
Attorney Capossela stated the mechanicals have been relocated to the northwest area where there is a grassed area and not in the parking area.
Mr. Bell stated there are signs in three locations on the building over the main entry for the bank and the tenant and then along the side facing Palomba Drive. All signs meet the regulations. Regarding lighting, a lighting plan was submitted. There are three types of lighting. There are shoe-box type light poles which utilize cut-off shields along Route 190 and Palomba Drive. There are some building mounted lights over the entries in the front and some recessed lighting in the canopy around the back.
Attorney Capossela stated the only remaining issue unresolved is in regard to comments from the Fire Marshal. He reviewed the November 6, 2002 memo from the Fire Marshal. Item one dealt with the dogwood trees and they have addressed that. He had asked if the building would be sprinklered and the answer is no. In his initial comments he asked about a fire hydrant. In their comment back, they noted the location of the fire hydrant across the street. Attorney Capossela elaborated on how they pointed this out to the Fire Marshal and also the economic concerns of Tolland Bank. With regard to item four and five, the Fire Marshal's concerns centered on who is in charge of the entrances and exits. Attorney Capossela stated they are the way Mr. Smyth created them many years ago and will remain the same way. Regarding the defined area of the easement, there is none. When Smyth conveyed the property, he stated both parties have the right to use the existing driveway. Whatever has gone on previously will continue to go on there. As to who will maintain it in the future, Attorney Capossela could not tell the Commission because they have not yet purchased the property. He assured the Commission that when the bank opens for business, there will be some understanding to deal with the common maintenance issues. The only defined easement is a twenty-foot easement across the back.
Attorney Capossela brought up the fire lane on the northern western side. On the north side, there is a driveway north of the drive-through island. It is a driveway and not a parking area. On the west side, when the landscaping is completed, it is someone else's property so with regard to striping or painting it, it is not theirs to deal with. Where there is green on the west side of the building, there are parking spaces now which will be removed. However, they cannot deal with items located off their site. If someone feels it is important to stripe that north 20' common driveway as a fire lane, they can do it but they do not feel it is necessary. The driveway has to be left open for people to get in and out. The site to the north contains angled parking in and the driveway has to be kept open as part of their obligation to maintain that easement.
Commissioner DiPace suggested they might want to post no parking signs on that side of the building because people are going to pull in and park there. Attorney Capossela stated that would not be a problem.
Attorney Capossela stated if there is something they need to do on their site to preserve and protect for fire they can do so but off-site they cannot. They feel they have adequately addressed it but that is up to the Commission to decide.
Attorney Capossela stated the catch basins are not going to be changed. They have a remaining issue with regard to the width of the twenty-foot strip on the north boundary. What exists there now is in the back of that building there is a porch or deck. The distance between the end of that and the existing island on the adjacent property is under 22' or 21.6'. They are making that 22'. When the Fire Marshal reviewed the plans, he said it would be nice to get 24'. Attorney Capossela stated they have a problem with the increase to 24'. If this Commission says they have to do so, they will but they are resisting this because they are improving the entire situation and the two feet is of importance to Tolland Bank. They have a grade of the drive-through and a grade of the driveway that is about four feet lower. They have an eight-foot island they are planting so they have eight feet to drop four feet. If they make that six feet and add two more feet to the width, they make the grade steeper. There is a question if the trees proposed will fit and there is also the possibility of potential erosion problems. Attorney Capossela stated Tolland Bank wants to be a good neighbor but they do not think the additional two feet is needed for the width but they feel in the final analysis, it would have a long-term negative effect.
Commissioner DiPace asked if there are any fire hydrants on their side of Palomba Drive. Attorney Capossela did not know. Commissioner DiPace could understand the Fire Marshal's concern because to run hoses across that road would present additional concerns. Commissioner DiPace discussed the traffic on Hazard Avenue and the difficulty in accessing this road. Attorney Capossela stated he would expect the Commission to tell them they have to install an additional fire hydrant. However, he does not feel the increase from 22' to 24' is a life threatening situation and it is a design problem for Tolland Bank.
Commissioner Egan noted all the existing buildings are wood frame buildings and if one should ever have a serious fire, quick access to this area would be needed. He stated the additional fire hydrant would minimize the risk especially if the fire department can gain immediate access.
Commissioner Egan stated as far as the drive off Palomba Drive, it looks to him like there is still going to be a traffic problem with cars coming in to go to the other businesses and the cars to the bank trying to get in and out. There will be some congestion at peak hours and it might be of benefit for both parties to talk about reducing that green area island that Attorney Capossela has stated they don't control. This would get the extra two feet and it would improve access for customers to enter and exit the site.
Attorney Capossela stated if the island is removed, the size remaining is about the size of a car and you would have a car there. It would not be a gain to 24' with a car located there. Commissioner Egan felt the access will be difficult and it will have an impact on the other businesses in this plaza. Attorney Capossela stated their plan is to improve the site from what it is today. They can ask about this island.
Commissioner Hickey stated there are a number of easements and cross easements on the site plan. There is an easement in favor of the property to the north of twenty feet plus the driveway. On the western side of the property, there is an easement in favor of this property. Attorney Capossela stated they can use the driveway located on the piece to the west and the abutters can use the driveway located on the east. The easement states each party can use the existing driveway but it does not specify the width. It also says both parties can maintain it. Commissioner Hickey asked in the event that something happens, what would be Attorney Capossela's position regarding the property to the west. Attorney Capossela stated regarding maintenance, he would say they do not have to but they can. However, they have not yet had those discussions. Someone has been plowing the snow and they are the newcomers. Attorney Capossela stated the question from the Fire Marshal was who has the duty to maintain these easements and he could not say but maintained that both parties have the duty under such a common easement.
Vice Chairman Duren requested input from the public. No one spoke in favor or against this application.
Mr. Giner asked if there is a seating area in the island for the ice cream store patrons. Vice Chairman Duren stated there is a rock and a tree and the children climb in the area. Commissioner DiPace added the area also contains a picnic table. Mr. Giner stated the island being discussed to take two feet off is adjacent to the ice cream shop and people use that area to sit and eat ice cream. Mr. Giner stated Fire Marshal Paul Censki is present this evening. They did have an ART meeting and most of the concerns have been addressed. He does not have anything in writing from Lieutenant Boula, the Traffic Safety Officer. He will provide that for the next meeting along with a suggested motion. He recommended continuing this hearing for two weeks. Attorney Capossela expressed his concerns about a delay longer than two weeks but had no problem with action by the Commission on November 21.
Mr. Giner reiterated the conditions which include the installation of no parking signs along the northern island and the addition of a fire hydrant to be coordinated with the Town Engineer, the Fire Marshal and the Hazardville Water Company.
Vice Chairman Duren continued this hearing to November 21, 2002.
a. 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.
Following some discussion about an incorrect address of 258 Broad Brook Road in one of the legal notices advertising this public hearing, the Commission requested that this public hearing be re-advertised and heard on November 21, 2002. Some comments from the applicant followed and they will appear at the next meeting.
b. PH #2350 - Town of Enfield Staff initiative to amend Section 10.10.7 of the Zoning Regulations to allow flexibility in side parking setbacks in Industrial Districts. (Must close by December 12 PH #2350 - Town of Enfield Staff initiative to amend Section 10.10.7 of the Zoning Regulations to allow flexibility in side parking setbacks in Industrial Districts.
Mr. Giner stated this is a proposed amendment to the regulations. As a result of Mr. Warren's attempt to bring a top notch industrial client to Anngina Drive, their requirements for parking necessitated their moving their lot line. There was no flexibility on the setbacks and the applicant had to go to the Zoning Board of Appeals for a variance. Mr. Giner felt it would make sense to give this Commission the option of modifying the side parking setbacks under limited circumstances as is done presently in the Thompsonville Village District.
Mr. Giner read the proposed additional language proposed to be added to the ordinance. It states:
"The Commission may also reduce or waive the required side yard parking setback for any Lot in any Industrial District that abuts another lot in such District if there is a shared access agreement between the properties or it is determined that there will be no adverse impacts to the abutting property from such reduction or waiver."
Commissioner DiPace felt this would be a good tool for the Commission to use with future applications.
Mr. Giner stated this is a good modification to address properties that have a shared access.
Commissioner Egan stated the one company identified has received a variance and is all set to proceed. He questioned why change the regulations when there is a mechanism in place for dealing with such situations and the situation referred to by Mr. Giner had a positive outcome. Vice Chairman Duren stated this Commission would have control over the final outcome rather than the Zoning Board of Appeals.
Commissioner Egan stated there is a process in place and there should not be an ordinance change every time an exception arises. The present process works and Commissioner Egan questioned why the Commission would want to consider a change when the Zoning Board of Appeals can deal with those exceptions. Commissioner Egan stated he would have been in favor of the proposed change if this was the only way to accomplish the objective but it would have to have strict guidelines and only apply to industrial areas. With a change from industrial to residential, there is the buffer issue. Commissioner Egan stated constant changes to the regulations weaken the well publicized ordinance revision.
Vice Chairman Duren stated such businesses would be able to constantly obtain a variance from the Zoning Board of Appeals but with the proposed change, they would have to come before this Commission. Mr. Giner stated the concern with the variance process is the hardship is difficult to show.
Further discussion followed with Commissioners Egan and DiPace discussing their alternate views on the proposed ordinance change. Commissioner DiPace was in favor of giving this Commission the opportunity to either approve or deny a particular request in connection with future industrial development.
Vice Chairman Duren opened this public hearing to the audience.
Ray Warren, the Director of Economic Development for the Town of Enfield, spoke in favor of the proposed amendment. He felt it is a very carefully worded amendment that gives Planning and Zoning absolute discretion to be used in very precise circumstances when it is a property abutting industrial uses. This matter was brought before the Zoning Board and if the Commission passes this ordinance amendment, it would be an insurance policy in the future. Mr. Warren stated if this amendment was adopted, there is a particular property that would make use of it. There is a business that has been trying to move to Enfield for a year. This business has been frustrated in their attempts to find land to build a building and in their attempts to find a building to convert for their purposes. There is now an opportunity and it has been a priority in Enfield to recruit companies where there are skilled workers with superior wages. This company will relocate from Massachusetts, open up in Enfield, employ fifty people at excellent wages and they can grow. This is a desirable company and this amendment to the zoning regulations gives another tool in the land use process that would be helpful given the tough land and building resource situation in Enfield. It may also be useful with other businesses in the future. Mr. Warren stated it would be used in very narrow circumstances.
Mr. Giner pointed out Section 10.20c. which governs buffer yards between zoning districts. It states "the Commission may modify the buffer yard standards when in the opinion of the Commission the adjoining land uses are sufficiently protected. When the zoning ordinance was being revised, one of the comments from a business person was the concern about the requirement to put evergreens and plantings in front of forests. The Commission requested that ability to modify be included so that they could review individual situations and determine whether or not additional plantings are necessary or address wetland areas. Mr. Giner noted that there are other sections of the regulations where the Commission has the ability to modify but he doesn't believe they have been used to date.
Commissioner DiPace made a motion, seconded by Commissioner Cooper, to approve PH#2350, amendment to Section 10.10.7 of the Zoning Regulations to allow flexibility in side parking setbacks in Industrial Districts as proposed by the Town of Enfield Planning staff.
Commissioner Egan still maintained it is not necessary to change the regulations for one specific case when there is a process in place to deal with such hardship cases. The provisions were included to protect the residents and the buffers are there to protect the aesthetic value of the area and now the Commission is going to reduce the buffer zone.
Commissioner Duren stated this amendment change will not affect residents. Commissioner Egan stated there are residents that are along industrial zones so it is having an impact. There is a system in place which works and he would not vote to change it.
Commissioner DiPace did not see how there would be any impact to residential. He read the amendment noting that it affects the side yard parking setback only. It states there shall be no adverse impact on the abutting property and if there is, the Commission can vote no. Further discussion followed about previous applications.
The motion was approved by a 6 - 0 - 1 vote. Commissioner Egan abstained.
c. PH#2351 - Application for a resubdivision and site plan review to reconfigure existing lot lines and construct additional parking for an existing industrial building located at 3 Anngina Drive, zoned I-1, Map 82, Lots 26 and 27, Robie Staples, Owner/Applicant. (Must close by December 12).
Commissioner DiPace stated this was on the agenda previously and it was withdrawn. Mr. Giner stated there was some talk at that time of doing some parking easement which, upon further review, would have still required variances to accomplish. Mr. Giner did not know why the application was withdrawn.
Robie Staples, 1145 Enfield Street, stated to answer the Commission's question, the engineer came up with a plan where they would give an easement to one property and an easement to another property. They were not in favor of doing so and they would also have had to come before this Commission and the Zoning Board of Appeals anyway. The application before the Commission tonight is a much better plan. It keeps both pieces in conformance with zoning regulations except the variance they had approved and it also keeps the impervious coverage in conformance.
Commissioner DiPace stated two weeks ago, the attorney said the easements would work. Following some explanation from Mr. Giner, Vice Chairman Duren asked that the Commission proceed with tonight's application.
Mr. Staples stated he is requesting a resubdivision and site plan review to reconfigure the existing lot lines for additional parking for the industrial building located at 3 Anngina Drive.
Mr. Giner stated looking at the site, the way the present lot lines are configured, there is no place to add more parking other than the eight spaces in the area shown on the westerly side of the property. He noted the requirement for parking is not a requirement of the regulations but, instead, it is a need by the potential client for his employees. They needed additional parking to accommodate their existing staff. The only way they could do that on the site and not go over on impervious coverage was to add more area. They thought they had solved the issue by moving the lot line but in doing so, they violated the setbacks on both this lot and the adjoining lot. The adjoining lot has no new construction proposed. By moving the line, the side setback would have been violated on that parking lot where it now conforms. There is an existing driveway that does cut through that setback area and it is Mr. Giner's understanding that driveway will be eliminated to allow for additional parking on the southerly side.
Mr. Giner noted the Commission has a memo from the Town Engineer requesting certain conditions. Mr. Giner stated his suggested motion incorporates those conditions. One concern is the plans currently has mislabeled as builts and he would ask that before the mylars get submitted, that they be re-identified as a resubdivision/site plan rather than an as built. This is covered in condition #3.
Mr. Staples stated he has tried his best to keep this business owner attracted to this building. He has given him seventeen feet of another lot. Vice Chairman Duren stated the Town appreciates this. Mr. Staples stated the plan now proposed does not adversely affect either lot or anyone in the area.
Vice Chairman Duren opened this hearing to the public.
Ray Warren, Director of Economic Development, thanked Mr. Giner for his efforts on working with him on this matter. He appreciates the flexibility and consideration of the Planning and Zoning Commission as well. Mr. Warren urged the Commission's speedy approval of this plan. He stated this has been a one-year process due to the real estate market in Enfield. This is the most determined business man he has ever run into that wants to locate in Enfield despite some of the roadblocks he has had to endure. This business man wants to get into an arrangement with Asnuntuck Community College and he employs skilled and motivated young people. This is a positive for the town from an owner who wants to invest in a business investment recession and create jobs here. Mr. Warren asked for an approval from this Commission.
Mr. Giner stated he has not received anything in writing from the Fire Marshal but that was addressed in the suggested motion.
Vice Chairman Duren closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2351, application for a resubdivision and site plan review to reconfigure existing lot lines and construct additional parking for an existing industrial building located at 3 Anngina Drive, zoned I-1, Lots 26 and 27, Robie Staples, Owner/Applicant. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Conditions to be met prior to signing of plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The PH file number "PH#2351" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3. The final plans submitted for signature shall be retitled from "As Built" to "Resubdivision/Lot Line Revision."
4. The plans submitted for signature shall show the details for the proposed pavement.
5. The final plans shall show curbing to protect the edge of pavement and contain runoff. A detail for curbing should be added to the plans.
6. The final plans shall show a grading plan to show how the proposed paved parking will drain.
7. The Standard Town notes should be added to the plans.
8. The Town Engineer shall approve the final plans prior to their signature.
9. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the Final Motion with conditions shall be placed on the plans submitted for signature.
Conditions to be met prior to the issuance of permits:
10. Two sets of final mylars, with any required revisions incorporated on the sheets, shall be submitted for signature to the Commission. One set of signed mylars shall be filed with the Town Clerk and one set shall be retained by the Planning Department.
11. Signed mylars shall be filed with the Town Clerk no later than ninety (90) days from the expiration of the appeal period or this approval shall be null and void. The applicants shall provide such mylars to the Planning Department sufficiently in advance of this deadline to allow for review of the plans and the arrangement for the Commission Secretary to sign the mylars. The applicant may request an extension of the filing deadline in accordance with Section 8-25 of the Connecticut General Statutes. Any extension requests must be received in time to allow the Commission to act on them before the original deadline expires.
12. The applicant shall post a bond for site improvements in an amount to be determined by the Town Engineer with surety acceptable to the Town Attorney.
13. 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.
Conditions which must be met prior to the issuance of a Certificate of Compliance:
14. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
General Conditions:
15. This approval is for the specific use and improvements identified in the application. Any change in the nature of the use or the improvements will require new approvals from the Enfield Planning and Zoning Commission.
16. 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.
17. Any changes to the existing vegetation line or other landscaping as approved on the plans will require additional reviews and approvals.
18. Construction of facilities as approved must start by November 6, 2003 or this approval shall be rendered null and void unless an extension is granted by the Commission.
19. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter the subject property for the purpose of determining compliance with the terms of this approval.
The motion was approved by a unanimous vote.
Commissioner DiPace made a motion, seconded by Commissioner Hickey for a recess. The Commission recessed at 9:35 p.m. and reconvened at 9:55 p.m.
d. PH #2353 - Application for a modification to an existing Special Use Permit to allow the construction of a concrete pad and fenced trash compactor at the Hoyt's Cinemas, Westfield Shoppingtown, located at 90 Elm Street in a BR District, Map 43, Lot 16, Hoyt's Cinemas Corp., applicant; Westfield Corp., owner. (Must close by December 12).
James Circanowicz of BL Companies, the project engineer, and Dan Augden of Hoyt's Cinemas, appeared before the Commission regarding this application.
Mr. Circanowicz stated the location of the dumpster pad proposed is tucked in an alley way located between Hoyt's Cinema and the Filene's Men's and Home Store or formerly J. C. Penney. It is on the south side of the mall and not visible at all from the parking area because of the corner location.
Mr. Circanowicz stated they are proposing to install new concrete curbing to surround the perimeter of the enclosure, a new concrete pad and a six-foot high chain link fence with beige vertical privacy slates. There would be a four-foot wide swing gate to allow access to the enclosure area. Within the enclosure area would be a set of steel stairs and a platform to allow access to the compactor unit. The compactor is an eight cubic yard Marathon Vertipack unit. There would also be a six cubic yard cardboard dumpster in this enclosure. The existing pavement would meet the new concrete pad that would be installed and the existing drainage pattern of draining away towards the existing catch basin would continue. One modification that was made yesterday does not affect the enclosure but addresses the concerns of Fire Marshal Paul Censki regarding egress. Adjacent to where the fence and the swing gate will meet the face of the building, there is an exit from one of the theaters. The fence does stay clear of that but Mr. Censki was requesting some additional clearance for this area and also for the set of double doors in an interior hallway. In order to maintain enough width for egress for emergency purposes, he asked that they widen the existing ramp and existing concrete walk. They plan to do so by 1.7'. Mr. Censki did approve the plan as modified and indicated his approval in a letter to Mr. Giner.
Mr. Circanowicz stated the application included some photos of the area. This should given the Commission a clear indication of what they are talking about in terms of the type of unit that is to be installed and what the existing site looks like.
Commissioner Cooper stated the dumpster would eliminate the existing trash cans.
Commissioner Egan asked if the cardboard dumpster location would affect fire access. Mr. Circanowicz stated they are not reducing the ability of a fire truck to get back there any differently from what it would have needed. He pointed out the access on the plans and stated the access is approximately 22' wide. This width is acceptable to the Fire Marshal.
Vice Chairman Duren opened this application to the public. No one spoke in favor or against. Vice Chairman Duren closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2353 with the following conditions:
1. All plans submitted shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The standard town notes shall be added to the plans prior to the signing of the mylars.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
Conditions to be met prior to the issuance of permits:
4. A pre-construction meeting between the applicant, site contractors, project engineer and Town staff shall be held.
5. 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.
Conditions which must be met prior to the issuance of a Certificate of Compliance:
6. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
General Conditions
7. 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.
8. A building permit for the construction of facilities as approved must be obtained by (November 7, 2003) or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.
9. 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.
The motion was approved by a 7 - 0 - 0 vote.
OLD BUSINESS
a. Bond Releases
1. PH #2086 - Request for release of $3,200 Landscaping Bond for Bank of Boston ATM Kiosk at Stateline Plaza.
No action was taken on this application.
2. PH #2212 - Request for release of $10,000 Landscaping Bond, $8,270 Engineering Bond and $300 for Erosion/Sediment Control Bond for Savings Bank of Rockville ATM Kiosk at Scitico Plaza.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve release of the $10,000 Landscaping Bond, $8,270 Engineering Bond and $300 Erosion/Sediment Control Bond for PH#2212, Savings Bank of Rockville. The motion was approved by a 7 - 0 - 0 vote.
3. SPR #1119 - Request for release of $18,850 Engineering Bond for Connecticut Water Pumping Station on Brainard Road.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve release of the $18,850 Engineering Bond for SPR#1119, Connecticut Water Pumping Station on Brainard Road. The motion was approved by a 7 - 0 - 0 vote.
4. PH #1915 - Request for release of $850 Erosion & Sediment Control Bond for Hampton Chase by Abraham George.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the bond for PH#1915 in an amount to be determined by the Town Planner. The motion was approved by a 7 - 0 - 0 vote.
b. PH #2331 - Application for a Special Use Permit for modification of plans previously approved to allow construction of a 7,234 S.F. addition to the existing car dealership building at 20 Palomba Drive, Zoned BR, Map 57, Lot 335, LIA Auto Group, applicant/owner.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2331, Application for a Special Use Permit for modification of plans previously approved to allow construction of a 7,234 square foot addition to the existing car dealership building at 20 Palomba Drive, zoned BR, Map 57, LIA Auto Group, Applicant/Owner, with the referenced plans included in the memo from Jose Giner dated November 7, 2002 and subject to 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 "PH2331" 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. The conditions of this approval shall be incorporated on to the final mylars submitted.
Conditions to be met prior to the issuance of permits:
6. 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.
7. Final Fire Marshal approval shall be obtained.
8. 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.
9. A pre-construction meeting between the applicant, site contractors, project engineer and Town staff shall be held.
10. 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.
11. 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.
12. 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:
13. 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.
14. All traffic safety signage shall be installed prior to the issuance of the certificate of zoning compliance.
General Conditions
15. While a general sign theme was reviewed, all individual signs must obtain permits after review of plans that comply with current sign regulations.
16. There shall be no parking, loading or unloading of car carriers along any public right of way at any time.
17. 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.
18. 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.
19. A building permit for the construction of facilities as approved must be obtained November 1, 2003 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
20. 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.
Commissioner Egan stated this building proposed is a much better looking building than the one they are putting up on Elm Street. He wished he had heard the concerns about protecting the rural character during that application. However, he does support this application and thinks it is a better looking building in the right zone on the right street.
Commissioner DiPace stated he did take a ride and look at some of the other dealerships. There are a few new ones but they are primarily older dealerships that have preserved what they had. He stated even though he had initial concerns, it is a nice looking building and he is in favor.
The motion was approved by a 6 - 0 - 1 vote. Commissioner Cooper abstained.
The reasons for approval are it conforms to the zoning regulations and is consistent with the immediate neighborhood.
11. New Business
12. Other Business
a. PH #2265 - Request for six month extension for approval of tennis club on
Shaker Road for Henson Wingard.
Commissioner DiPace made a motion, seconded by Commissioner Lefakis, to approve the request for a six-month extension for approval of the tennis club on Shaker Road for Henshon Wingard.
Commissioner DiPace read the letter received from Mr. Korecki who noted that legal issues kept their development process on hold for an extended period of time and they have lost the ability to begin construction this year. They would like to begin construction in the spring.
The motion was approved by a 6 - 0 - 1 vote. Commissioner Egan abstained.
c. 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 and a second reading, unless there is a unanimous vote, in which case the amendment may be approved tonight.)
Following a brief discussion in which Commissioner DiPace recommended keeping the meeting time at 7:30 p.m. for the balance of this year, the Commission tabled this proposed change to the next meeting.
Applications to be received:
PH#2356 - Application for modification of plans previously approved to request change in roof color at 155 Raffia Road, JFK Middle School, zoned R-33, Map 68, Lot 149, Town of Enfield, Applicant.
The Commission discussed scheduling a joint meeting with the Enfield Revitalization Committee on an off meeting night at 7:00 p.m. with refreshments.
ADJOURNMENT
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to adjourn. Following a unanimous vote, the Commission adjourned at 10:20 p.m.
Respectfully submitted,
______________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
jmr
Commissioner DiPace made a motion, seconded by Commissioner Cooper, to approve PH#2350, amendment to Section 10.10.7 of the Zoning Regulations to allow flexibility in side parking setbacks in Industrial Districts as proposed by Town of Enfield staff. The motion was approved by a 6 - 0 - 1 vote. Commissioner Egan abstained.
e. PH #2351 - Application for a re-subdivision and site plan review to reconfigure existing lot lines and construct additional parking for an existing industrial building located at 3 Anngina Drive, Zoned I-1, Map 82, Lots 26 and 27, Robie Staples, owner/applicant. (Must close by December 12) - This public hearing was closed.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2351 with the nineteen conditions included in the memo from Jose Giner to the Planning and Zoning Commission dated November 6, 2002. The motion was approved by a 7 - 0 - 0 vote.
Commissioner DiPace made a motion, seconded by Commissioner Hickey for a recess. The Commission recessed at 9:35 p.m. and reconvened at 9:55 p.m.
f. PH #2353 - Application for a modification to an existing Special Use Permit to allow the construction of a concrete pad and fenced trash compactor at the Hoyt's Cinemas, Westfield Shoppingtown, located at 90 Elm Street in a BR District, Map 43, Lot 16, Hoyt's Cinemas Corp., applicant; Westfield Corp., owner. (Must close by December 12) - This public hearing was closed.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2353 with the following conditions:
2. All plans submitted shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The standard town notes shall be added to the plans prior to the signing of the mylars.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
Conditions to be met prior to the issuance of permits:
4. A pre-construction meeting between the applicant, site contractors, project engineer and Town staff shall be held.
10. 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.
Conditions which must be met prior to the issuance of a Certificate of Compliance:
11. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
General Conditions
12. 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.
13. A building permit for the construction of facilities as approved must be obtained by (November 7, 2003) or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.
14. 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.
The motion was approved by a 7 - 0 - 0 vote.
OLD BUSINESS
d. Bond Releases
5. PH #2086 - Request for release of $3,200 Landscaping Bond for Bank of Boston ATM Kiosk at Stateline Plaza. - No action.
6. PH #2212 - Request for release of $10,000 Landscaping Bond, $8,270 Engineering Bond and $300 for Erosion/Sediment Control Bond for Savings Bank of Rockville ATM Kiosk at Scitico Plaza. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve release of the $10,000 Landscaping Bond, $8,270 Engineering Bond and $300 Erosion/Sediment Control Bond for PH#2212, Savings Bank of Rockville. The motion was approved by a 7 - 0 - 0 vote.
7. SPR #1119 - Request for release of $18,850 Engineering Bond for Connecticut Water Pumping Station on Brainard Road. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve release of the $18,850 Engineering Bond for SPR#1119, Connecticut Water Pumping Station on Brainard Road. The motion was approved by a 7 - 0 - 0 vote.
8. PH #1915 - Request for release of $850 Erosion & Sediment Control Bond for Hampton Chase by Abraham George. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the bond for PH#1915 in an amount to be determined by the Town Planner. The motion was approved by a 7 - 0 - 0 vote.
e. PH #2331 - Application for a Special Use Permit for modification of plans previously approved to allow construction of a 7,234 S.F. addition to the existing car dealership building at 20 Palomba Drive, Zoned BR, Map 57, Lot 335, LIA Auto Group, applicant/owner. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2331, Application for a Special Use Permit for modification of plans previously approved to allow construction of a 7,234 square foot addition to the existing car dealership building at 20 Palomba Drive, zoned BR, Map 57, LIA Auto Group, Applicant/Owner, subject to the 20 conditions as stated in the memo from Jose Giner to the Enfield Planning and Zoning Commission dated November 7, 2002. The motion was approved by a 6 - 0 - 1 vote. Commissioner Cooper abstained.
11. New Business
12. Other Business
a. PH #2265 - Request for six month extension for approval of tennis club on
Shaker Road for Henson Wingard. - Commissioner DiPace made a motion, seconded by Commissioner Lefakis, to approve the request for a six-month extension for approval of the tennis club on Shaker Road for Henshon Wingard. The motion was approved by a 6 - 0 - 1 vote. Commissioner Egan abstained.
b. 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 and a second reading, unless there is a unanimous vote, in which case the amendment may be approved tonight.) - No action. The Commission tabled to the next meeting.
The Commission discussed scheduling a joint meeting with the Enfield Revitalization Committee on an off meeting night at 7:00 p.m. with refreshments.
13. Adjournment - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to adjourn. Following a unanimous vote, the Commission adjourned at 10:20 p.m.
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Last Modified: 11/5/2004 3:46:04 AM
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