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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A SPECIAL MEETING
JULY 31, 2002
A Special Meeting of the Enfield Planning and Zoning Commission was held on Wednesday, July 31, 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
Nicles Lefakis
Karen Weseliza, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Weseliza made a motion, seconded by Commissioner Hickey, to approve the Minutes of July 11, 2002. The Minutes were approved by a 5 - 0 - 2 vote. Commissioners Krebs and DiPace abstained.
PUBLIC HEARINGS
PH #2320 - Application for a rear lot (Lot#11) in a proposed open space subdivision on property off Bridge Lane and Riverview St. (Meetinghouse Lane), Zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc. applicant/Margaret Pappas, owner.
PH #2321 - Application for a rear lot (Lot #24) in a proposed open space subdivision on property off Bridge Lane and Riverview St. (Meetinghouse Lane), Zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc. applicant/Margaret Pappas, owner.
PH #2319 - Application for a Special Use Permit for 24 lot open space subdivision on property off Bridge Lane and Riverview St. (Meetinghouse Lane), Zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc. applicant/Margaret Pappas, owner.
PH #2318 - Application for a 24 lot resubdivision on property off Bridge Lane and Riverview St. (Meetinghouse Lane), Zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc. applicant/Margaret Pappas, owner.
Following some discussion on the appropriate date to consider for a public hearing extension request of the above four applications, Commissioner Duren made a motion, seconded by Commissioner Krebs, to accept the extension request and continue PH#2320, PH#2321, PH#2319 and PH#2318 to September 5, 2002.
Commissioner DiPace asked about the public hearing calendar for the September 5 meeting. Mr. Giner suggested the four hearings be continued to September 5 rather than September 19 because only one extension of thirty-five days can be granted. Chairman Howard suggested a special meeting in August. Commissioner DiPace felt an alternative would be to hold three meetings in September. Some discussion followed on the applications to be heard on September 5.
Chairman Howard requested that any public input on the four hearings be done on September 5, 2002. There was no audience input at this time.
Commissioner Egan asked if the Commission has received stamped plans from this applicant. Mr. Giner stated the latest plans have been stamped and are under review by the Engineering Department. Mr. Giner will provide the Commission with these stamped plans for the next hearing session.
Commissioner Duren requested that Mr. Giner contact the Board of Education to provide information on the number of buses that would use the back entrance to Enfield High School. One of the audience members noted the bus traffic in this area.
Commissioner DiPace had some questions since he was not present at the last meeting. He asked if there would be one lot coming off Riverview. He also noted there is some work being done to the detention basin and he asked about the extent of that. He would like to know what changes are being made to keep the water from going elsewhere. Chairman Howard stated the Commission is waiting for information from the Engineering Department on these applications.
Commissioner Egan stated with the amount of material to review, he would reserve the right to come back to the drainage calculations. He also noted he is planning to ask his questions at the next hearing session.
Commissioner DiPace stated he will not be present at the next meeting and he has a concern about where this water is going to flow.
Mr. Giner stated there was some discussion about the new drainage project at the high school. They are decreasing the amount of drainage that is going into the property. Mr. Giner will provide the Commission with the drainage information. Commissioners DiPace, Egan and Duren would like to see the full drainage report.
Commissioner DiPace stated the proposed cul de sac exceeds the town's limitation of 600' for a cul de sac. Mr. Giner stated during the preliminary determination, the Commission decided it did not exceed the maximum length because it was a loop. One of the questions that was asked was whether a loop road met the regulations and the Commission determined it did.
Commissioner DiPace stated therefore it is not a cul de sac. He brought up the sidewalk regulations. They state that sidewalks can be waived on both sides of a cul de sac but on other roads, they are required on one side. Mr. Giner stated it is a loop road and does require sidewalks on one side but the applicant has requested a waiver. Commissioner DiPace noted the proximity of this proposed development to the two schools in the area.
The vote to continue these four public hearings was approved by a 6 - 1 - 0 vote. Commissioner DiPace voted nay.
PUBLIC HEARINGS - NEW
PH#2323 - Application for subdivision of 7 frontage lots and remaining land located east of Taylor Road, south of Moody road, and west of Somers Road, zoned R-44, Map 111, Lot #234, 245 and 246, H.I.O. Trust, Inc. Trustee, Applicant/John and Mary Leveille, John Shlatz, Cybulski Estate, Owners.
PH#2322 - Application for a Special Use Permit/Site Plan Review east of Taylor, south of Moody and west of Somers Road for a 77 Senior Residential Development, zoned R-44, Map 111, Lot #234, 245 and 246, H.I.O. Trust, Inc. Trustee, Applicant/John and Mary Leveille, John Shlatz, Cybulski Estate, Owners.
Sans Aeschliman appeared before the Commission representing Chet Ladd, the developer of this project. Len Norton, the project engineer, was also present.
Mr. Aeschliman stated this application is for a project consisting of 51.38 acres on the east side of Taylor Road just south of Moody Road. It will be a seven lot R-44 subdivision which has frontage lots along Taylor Road and a 77-unit senior residential condominium complex in the back. They are proposing to install approximately 5,600 linear feet of 24' wide private road on the interior. The project will be serviced by public water and sewer. Presently the area is an overgrown meadow and heavily wooded area. There has been some excavation in the area previously. Because of the deep holes on the site, there intent is to do some regrading prior to the road work commencing.
Mr. Aeschliman stated they have met all the comments from the Water Pollution Control Authority. The engineering comments either have been or will be addressed with the exception of the water service. The reason they did not show the water service is because at the ART meeting in June the fire company was in the process of commissioning a firm to do a study on the requirements of this site. Just this afternoon, Mr. Ladd met with Hazardville Water and the Fire Department and received some direction on what they are looking for regarding the water. They will be incorporating those requirements in the plans for this project.
Mr. Aeschliman stated this project meets all the zoning requirements with the exception of about 350' of entrance road. The requirement is for an eight percent maximum grade. They have a grade of nine percent. The reason for this is that the Engineering Department doesn't want eight percent right to the intersection of Taylor Road. They want to put in a three percent grade for a safety factor. In order for the applicant to meet that requirement, they need to go to the nine percent maximum grade which will require a variance. Mr. Aeschliman clarified that one percent is one foot every 100' in length. This would mean it would be a difference of three and a half feet higher than an eight percent grade.
Mr. Giner stated it would not be a variance that is needed by this applicant concerning the grade but it would be a waiver from the town's Subdivision Regulations.
Commissioner Duren asked if the applicant has a letter from the water company that they will be able to service this project. Mr. Aeschliman stated they do.
Commissioner Duren stated Water Pollution Control had some problems and he asked if those have been addressed. Mr. Aeschliman confirmed that they have. Mr. Giner stated the WPC has sent a letter dated July 29, 2002.
Commissioner Duren asked if pumps would be used in this project. Chet Ladd responded the pumps being referred to by WPC are off-site in their pump station. With this application, they may have to increase the size of their fire flow pump to service this area. They are also interested in the triangle of homes in the nearby area which has low water pressure. When they bring the water in, it will be a loop system out to the street in order to increase the water pressure for these abutting homes.
Commissioner Egan had a concern about water service because of the low pressure throughout the whole system in this area. He also had a question regarding supply because Hazardville Water Company has had a problem with DEP by pumping additional gallons without getting the proper permits. He would like to see something from the Hazardville Water Company in writing that they can achieve the pressure level there and that they have an adequate supply and will not need to increase their permitted amount of water from their wells.
Mr. Ladd stated the Hazardville Water Company is well aware of the problems they have out here and this is an opportunity to do the development and also raise the water pressure for the nearby residents. Mr. Ladd stated as he understands it, Taylor Road is on the low pressure side of the system and Green Manor is on the high pressure side. Their development would be on the high pressure side. As far as the gallons, he cannot address that. Mr. Ladd stated they do have a letter from Hazardville Water Company and he will share it with the Commission. Mr. Ladd added the Hazardville Water Company has taken over control of the Somers booster station and it now belongs to them.
Mr. Ladd discussed the type of homes that will be in the senior development. They are similar to the existing Abbewood development. All the options will be on the plan initially so there won't be any future problems.
Mr. Ladd showed a typical interior of one of the homes. All homes would have two-car garages. There is ample parking in the front. There is a galley kitchen, all cathedral ceilings, two bedrooms and two bathrooms in the standard unit. There are upgrades available. They will also offer a sun porch in addition to a deck. At no time would they exceed the side yard or rear yard limits for development. The specific lot has a lot to do with the design that would be allowed and they are flexible on a per-lot basis. One of the other options is a media room to be located upstairs which is a room with no facilities or closets but it is for housing a computer and associated systems. This would be the only room located upstairs. All others are at ground level.
Commissioner Lefakis asked if the porch will be on a full foundation like the rest of the structure. Mr. Ladd stated it would be put on concrete but it would not have a full basement. If such a room was requested to be a four-season room, it would be heated and air-conditioned.
Mr. Ladd stated they plan to try to maintain as much of the original growth as they can. They are proposing sidewalks up each one of the circles and back down to Taylor Road. They plan to expand the existing sidewalk to their property all the way to the corner. They have an emergency access for fire trucks only which will be manned with a break away chain and no curb cut. There will be gravel for a portion and after that, they will install pavers and loam and seed the area. This has been worked out with the Fire Marshal. They plan to clear it thirty feet wide but there would be no traffic in this area except in an emergency.
Mr. Ladd identified the retention ponds on the plans. Commissioner Duren asked if the responsibility for the maintenance of the ponds is listed on the plans. Mr. Ladd stated it will be the responsibility of the community. He will so note it on the plans along with the recommended schedule of maintenance but stated it will also be included in the declaration.
Mr. Ladd stated the roads in this development will be private roads.
Commissioner Egan had a question regarding the drainage. On the contours, everything drains down to Taylor Road and goes from 250 to 200. Mr. Len Norton confirmed that to be correct. He stated the whole site doesn't drain toward Taylor Road but there is a ridge and half runs west and half east. The bottom half of the ridge would drain to the front lots. Commissioner Egan asked how the storm runoff would be handled from the top of the ridge. Mr. Norton stated the road system will collect the road water and bring it into the detention basins. Regarding anything behind the units, they will make sure they create swales for each lot line to direct the water away from the foundations.
Mr. Norton stated their preference would have been to put one swale down the property lines but he is hearing that sometimes that creates problems between neighbors. He stated that is certainly easily handled on the permit plans.
Commissioner Duren asked if this development would be built in phases. Mr. Ladd pointed out the area of the first phase on the plans. He has the lot numbers and he will share this information with the Commission. Phase II would be another cul de sac. Mr. Ladd stated they are attempting to keep their construction in one drainage area at a time. Phase III would incorporate the emergency access. Mr. Ladd pointed out the area of Phase IV and Phase V on the plans.
Commissioner Duren requested that the Commission receive a specific phasing plan so that it can be incorporated in the bonding.
Commissioner Duren asked if there are any traffic figures for Moody Road at the intersection. He noted there is a lot of traffic going through there and a lot of traffic coming up Moody Road. Mr. Aeschliman stated there is a traffic report by David Spears but he was not able to be present this evening. Mr. Ladd stated he does not have those numbers but if the Commission requests them, he will provide them.
Mr. Giner stated he can also ask Lieutenant Boula if any local traffic counts have been done for this area of Moody Road.
Commissioner Duren stated in the draft of rules there are a lot of errors that need to be corrected. Mr. Ladd stated those are guidelines and when they get somewhere near the approval process, he will make the necessary revisions and provide the final document to the Commission. They would meet all the regulations.
Mr. Ladd noted the age limit for this development is age 55 and one person under the age of 55 can reside here.
Commissioner Egan requested a description of the open space area. Mr. Ladd stated the open space is casual and is a conservation easement. They have attempted in the past to include recreation but it has been his experience that people fifty-five and over have no desire for recreational facilities. Regarding the open space that has to be provided, Mr. Ladd stated he believes they will exceed it.
Mr. Giner stated the way it was explained was that the open space was the exterior and was passive open space. Mr. Aeschliman confirmed that the open space is in excess of the requirements or approximately twenty acres. Commissioner Egan requested a confirmation of this open space.
Mr. Hickey asked if there will be deed restrictions limiting the age requirement to 55. Mr. Ladd stated there would be. Mr. Hickey asked based upon marketing studies if this will be a viable project. Mr. Ladd stated they have done them in the past and pretty much know what they are up against.
Chairman Howard opened this public hearing to the audience.
Ben Perreault, 24 Iroquois Road, spoke in favor of this development and noted the need for such housing in Enfield. He noted Mr. Ladd's Abbewood development is a quality project and this looks to be similar. Regarding whether this is a viable project and if it will sell, from others he has talked to, he would say this project is already sold due to the demand. Mr. Perreault stated he would like to stay in Enfield and there are not too many projects of this type available to seniors. He requested immediate approval of this project.
Angela Sanchez stated she is a resident on Taylor Road. She is the second to the last home abutting the new homes. Both she and her neighbor already have a water problem between her driveway and toward the front of his property. This occurs primarily during the spring time with the snow melt. Ms. Sanchez noted there is no sewer system in this section of Taylor Road and nowhere for water to drain. The street levels toward her property instead of away from it and across the street is farmland. Ms. Sanchez stated another concern is the main entrance would be on Taylor Road and she believes there is supposed to be a street off North Street called North Street Extension. Commissioner Duren stated North Street Extension is a paper street that was never built. Ms. Sanchez questioned if the main entrance could be moved to this road because as it stands now, they have a lot of traffic in the morning, around noon time and in the evening. Her mailbox is on the opposite side of the street and with the increasing traffic, it is very dangerous.
Ms. Sanchez stated the applicant is leaving some trees between the properties already existing and the new property. She is curious to see exactly what footage he would be leaving. He did say to her that they would not be able to see the houses but she would like to know the actual footage. She noted her property goes to a high incline and then there are trees. There are red tail hawks in the area and she would hate to see them disrupted. She also noted if they are going to reside on a busy road, it would be nice to have some privacy.
Commissioner DiPace stated there is an 80' width of trees from his property line. Ms. Sanchez reiterated her concern about the main entrance being located on Taylor Road.
Commissioner Duren stated the road Ms. Sanchez is referring to is on the edge of the applicant's property. Ms. Sanchez stated it would divert a lot of traffic if the entrance was changed. Right now traffic would either be going left or right.
Sandy Machinski, 249 Moody Road, stated she has low water pressure and she is interested in what will be done regarding the water pressure. Also, the access road will be coming out right in front of her neighbor's house at 247 Moody Road. Her neighbor was unable to be present this evening. She stated it shows the access road closer to James Smith's house. She questioned what is the delta between his property line and where the access road is going to be and then from the access road to where the next two properties are. Would that area remain a wooded area and is there a possibility later on that someone could go in and build in that area. She would like those concerns addressed. Ms. Machinski stated she also gets a lot of water in her cellar and the drainage on Moody Road is really bad.
Eleanor and Tom Inis, 240 Moody Road, appeared before the Commission. Eleanor stated they are the first house on the corner on the right. She has lived in her home for fifty years and has watched the traffic increase. They have reached the point where they cannot get out of their driveway due to the traffic. Ms. Inis stated she is tired of the gestures and obscene language and tired of trying to get her mail across the street. They addressed this with the Police Department a few weeks ago. With the new homes proposed, Ms. Inis felt the situation will get even worse. Her daughter lives close by and also cannot back out of her driveway. Ms. Inis stated they would like to stay in their home but the current situation regarding the traffic is frightening.
Terry Vella, 27 Marion Place, stated she has a concern as to what the buffer zone is going to be to her backyard. She also has a concern about traffic. They are having problems at the bottom of Sheridan with the two stop signs that are on Taylor. If you call the Police Department, they are told there is nothing they can do because it is a state road. They cannot install larger stop signs and people run through the stop signs constantly. If a three-way stop sign will not be located at the bottom of the senior housing development, her concern is the cars travel extremely fast on Taylor Road and the elderly may get hit coming out of that road. She has a concern about her neighbors because people do not obey the speed limit and there is nothing that can be done about it.
Commissioner Krebs questioned if Taylor Road is a state road. Ms. Vella stated she was told by whoever is in charge of traffic control that it is a state road and a flashing light or larger stop signs cannot be installed by the town. Mr. Giner stated he will verify this but it is his understanding that it is a town road.
Sue Plukinger, 15 Somers Road, had some questions regarding this application. She would like to know if the Commission could answer if at any time any additional development could go in the lower corner at the corner of Somers Road and Moody Road. She noted there are a lot of problems with the traffic but she felt the amount of traffic going in and out of such developments is fairly low. She has a special needs child and has had the police install a handicapped child sign which worked for only about two weeks.
Commissioner Duren responded the large open space in back of Ms. Plukinger's house is open space and will be a conservation area that cannot be built on.
Beatrice Canal, 26 Iroquois Road, spoke in favor of this application. She felt the town is in need of this type of development for residents fifty-five and older. She disagreed with comments made by Mr. Ladd and stated seniors enjoy walkways and bike trails. If there is excess land, a park area could be included for residents.
Mr. Ladd assured the residents that they will bring high water pressure to Moody Road through a loop system. He stated whether the water company turns that valve on or not is beyond his power. It was his understanding the water company wants to energize that whole corner with high pressure.
Mr. Aeschliman noted the drainage area that is draining down into this area now is going to be less of an area because the road system will be intercepting any water that is going down there now. The drainage will not get any worse on these frontage lots. Regarding the buffer area, there is about 30' from this property line to the access road and it is going to be kept wooded except for the cleared area for emergency access. There won't be any additional building in this area because it will be open space with a conservation type easement. The buffer area on Buckin Road is at the closest about fifty feet from the property line.
Mr. Ladd stated he has no objection to walking trails if the Commission feels they are necessary. His only concern is whether they will be maintained or become overgrown.
Mr. Ladd pointed out Buckin Road, a paper street, and noted on the other end they turned it back to the land owner so there is no through street. It is the town's property. Mr. Ladd stated because this is the highest point of the property, if you try to build a road in there to get to that point, you would have to grade into the people's yards fifty to sixty feet to do so. This is why, in his opinion, the road was terminated.
Commissioner Egan asked about the width of Buckin Road. Mr. Ladd stated it is fifty feet. He noted if the town was to abandon that road, there could be no building back there.
Chairman Howard questioned if the walking trails were put in, wouldn't they be maintained by the association. Mr. Ladd stated what happens with associations is they can make it so expensive that residents cannot afford to live there. The more they are given, the more they have to maintain in the future. Mr. Ladd saw a need to be sensitive to the cost of maintaining some of these items as well as providing some type of passive recreation.
Mr. Ladd stated they are proposing sidewalks on one side of the road down to Taylor Road and all the way to the end. At the ART meeting, they did not feel they were necessary on one of the short streets. Commissoner Duren noted the senior residents could walk on the sidewalks.
Chairman Howard asked if the project would have sewers. Mr. Ladd confirmed this project has sewers. He felt the resident was addressing storm sewers and there are also storm sewers.
Mr. Aeschliman stated in this proposal, they are putting in storm drainage. There is existing storm drainage to a point on Taylor Road. They will be replacing that section and coming up to the identified area with storm drainage. They are not proposing anything in the area where the road rolls over both ways and the drainage is not needed to meet the regulations. However, if the Commission desires it, they could extend that drainage.
Angela Sanchez, 482 Taylor Road and a previous speaker, stated regarding the sewer system, there is one and it is closer to North Street. She had forgotten about it because it is overgrown. The street does grade towards their side of the street and not towards the other side of the street. She is the second to the last house before the new development and she always has a huge ice puddle at the end of her driveway during the winter. There is no sewer drainage all the way up Moody Road until you reach the newer development where the raised ranches are located. Ms. Sanchez questioned how this development will affect their property values. Chairman Howard discussed the previous project of this developer, Abbewood. As far as the storm system, he noted this development will not change Ms. Sanchez's situation. Regarding property values, Chairman Howard stated the developer will comment further on that.
John Capiello, 18 Somers Road, stated he is in favor of this project but has some questions. He noted there are two drainage ponds. On the top of the hill east, he asked if all the runoff from the street is supposed to be caught in the two ponds. He stated that in the back of his house there is additional swamp. If the two ponds need extra drainage, there could be a pipe put under the road. His road does not have any city water or sewer for the additional overflow. Mr. Capiello discussed his location and stated he is located across from the vacant lot.
Paul Santalago, 37 Somers Road, had a question about the buffer area. He would like to know how much is there and how it would be delineated. He stated he and his neighbors own quite a bit of open wooded area. His concern is that their property will become part of the community property if it is not delineated properly. He asked if people walk in the woods, are the residents liable if someone is hurt. He questioned shouldn't that be part of the responsibility of the association. Mr. Santalago shared the previous speaker's concern about the drainage because his property is downhill from this area. He noted the Vono complex had problems with water running downhill. He stated this is a more level piece but he had a concern.
Mr. Ladd stated his understanding regarding the retention ponds is that they would not be sending any more water down that hill than presently goes there now. What they will do is collect it and meter it out. In metering it out, it will take between eleven and thirteen hours for the same amount of water to leave instead of just rushing down that hill.
Mr. Ladd stated he is sure that the water will not go up to the corner across the street. Beyond that, the engineer can further address the concerns.
Mr. Ladd stated the homes on the street will be in the 2,400 square foot to 3,000 square foot range and sell in the $300,000 range. The senior homes will be in the $200,000 range. He gave the example of Abbewood where some of the units are now selling for $300,000.
Mr. Ladd stated regarding the property lines, they would all be pinned and staked. He added if there is anything else they can do to help the neighbors out, they would be glad to accommodate whatever it is. He assured the speaker that if they do put in trails, they won't go down on his property at all.
Commissioner DiPace asked how far is the tree line from the property of the gentleman who just spoke. Mr. Aeschliman stated almost 200' in one area and in another area it is approximately 110'.
Len Norton, the applicant's engineer, stated the site has a ridge running through it north to south. They have used the flood calculations to determine the peak flow rates and they routed through a hydroflow program to analyze the detention basins. In summary, if you look at the easterly watershed which runs towards the top of the map and through a double detention basin system, the pre-development for the two-year storm is 2.7 cubic feet per second. The post development is 1.6 or a decrease of a little less than half. The ten-year storm predevelopment is 15.6 cubic feet per second and the post development is 7.1 or about half. They retain the water in the basin and regulate the flow out so they don't create any problems downstream for any facilities. A fifty-year storm is 35.7 cubic feet existing and 14.8 feet post development. A l00-year storm is 46.5 cfs with post development conditions 18.7 cfs. Mr. Norton noted it is pretty much the same with the westerly flow. The ten-year storm is 10.63 predevelopment and 7.6 post development. The fifty-year storm is 24.23 predevelopment and 14.3 post development. The 100-year storm is 31.6 predevelopment and 17.6 post development. They have maintained post development conditions a good deal less than the peak predevelopment flow rates.
Commissioner Egan stated those are designed to be dry basins most of the time and only utilized in a rainstorm so there's no standing water in these basins. Mr. Norton confirmed the invert elevations are at the bottom of the pond or basin elevations so it is meant to be a dry basin. When it is not raining, it will be dry. As it rains, the basin will slowly fill with water by regulating the flows out from smaller orifices and as the water level raises in the basin, more water gets pushed out. As the storm ends, the basin slowly meters the flow out.
Mr. Giner stated the figures and a verfication from the water company are still outstanding. John Cabbibo also had some outstanding items and a memo from the Fire Marshal is needed. He requested that the applicant grant an extension to keep the hearing open so that the Commission can receive the necessary staff reports.
Chairman Howard noted the need to check on the status of Taylor Road and the speeding mentioned.
Chairman Howard requested that the September 5, 2002 meeting begin at 6:30 p.m. He asked that this application be the first item on the September 5th agenda.
Some discussion followed regarding whether or not to close this public hearing. Mr. Giner stated because the Commission is requesting information from a third party, there is a need to keep the public hearing open and request an extension.
Mr. Ladd stated they do have a letter in their file from the Hazardville Water Company confirming that they can service this project. Mr. Ladd added if they have engineering concerns off site, he doesn't have any control over that. Mr. Giner stated the special use permit requires that the applicant show the water delivery system on the plans. Commissioner Duren added that the street lighting and utilities should be shown on the plans along with the details. Mr. Aeschliman stated the water is not presently on the plans.
Mr. Ladd stated he reviewed the plans today with the water company and they agreed to the piping and related items. He reviewed the fire hydrants with Mr. Flanigan.
Commissioner Egan stated as far as the water company, the concerns have been about the pressure. He would like to see a confirmation that they are going to pressurize the other side of Moody Road and that they will have under their DEP requirements and guidelines enough water to supply this project. Commissioner Egan stated he is not satisfied with the standard letter from the water company because there are specific issues here that need to be addressed and specifically stated in their letter. They need to state that they are going to pressurize these lines and there will be no adverse impact to the pressure of homes in the area. Secondly, there has to be a confirmation that the water company is able to supply water within the permit level without impacting the rest of the people on that service.
Mr. Ladd stated he does not want to get caught in the middle if he has a high pressure system and the water company does not want to extend it to someone else. Commissioner Egan stated what was said previously was that the water company was going to charge the area and improve the water pressure to existing residents. Mr. Ladd stated that is what he was told. Commissioner Egan asked that the water company put this in writing.
Mr. Ladd agreed to an extension of this public hearing and will submit such agreement in writing.
Chairman Howard continued this public hearing to September 5, 2002 at 6:30 p.m.
The Commission recessed at 9:20 p.m. and reconvened at 9:30 p.m.
c. PH#2324 - Application for a Special Permit to allow a wireless communication facility, including a 180' high telecommunication tower, on land located at 37 Bacon Road in an Industrial 1 District, Map 94, Lot 62. Shaker Pines Fire Department, Owner/Applicant. The applicant will be displaying a balloon at the site to the proposed height of the tower at least three days prior to the hearing.
Chad Blackiston, 413 Beacon Street, Boston, Massachusetts and Fire Chief Thaddeus Soltice of the Shaker Pines Fire Department appeared before the Commission regarding this application.
Mr. Blackiston stated he is representing the application for Metro Tower and the Fire Department. He stated the tower would be owned by Metro Tower and they would have the rights to lease space on the tower. They are seeking a special permit under Section 820 of the Enfield Zoning Ordinance. Mr. Blackiston stated he was asked by the town to provide some updated drawings.
Chairman Howard asked if these drawings have been reviewed by staff. Mr. Giner stated they include minor changes requested by staff that were based on John Cabbibo's memo that the Commission has in their meeting packet. These were included in the proposed conditions but the plans have since been revised. Commissioner Duren suggested going by the previous maps for the Commission review.
Mr. Blackiston presented a letter from their engineering firm that addresses the issues that John Cabbibo had raised.
Mr. Blackiston stated part of the application requirements under Section 820 are to provide evidence of the notice of the raising of the balloon and some photos. They did raise the balloon last Thursday and also today at approximately 2:30 p.m. Mr. Blackiston presented a photo of the balloon raising to the Commission. Mr. Giner stated the Commission was informed that the balloon would be raised July 23. They raised it at that time and did raise it again today.
Mr. Blackiston presented a letter from the Enfield Department of Public Safety in support of this telecommunication tower.
Mr. Blackiston stated the reason for this tower is it will upgrade emergency communication equipment for the Town of Enfield for EMS, Police and Fire. Also, Cingular Wireless and Verizon would like to locate on this tower to address a gap in coverage.
Mr. Blackiston stated the plans comply with all Section 820.3 requirements except for the setbacks from the property lines. They would be asking the Commission for a waiver of that requirement as listed in Section 820.3e. This section states the Commission may waive this requirement when there is adequate documentation that the tower structure has been designed to collapse in a manner which will not impact adjacent properties. Mr. Blackiston noted monopoles are designed to bend like a banana if anything ever happens to them. They feel this location is a good one because it is the fire department and it would enhance public safety. It is an industrial area and goes along with the present land use.
Commissioner Egan asked if they will be leasing the land from the Fire Department. Mr. Blackiston stated they would be leasing it and the Fire Department would be getting a fee for the use plus the use of the tower.
Commissioner Egan questioned why the towers along Route 91 and Route 190 were not included in his report. Mr. Blackiston stated the search area was in and around the fire department. Once you get too far away, it is covering another area and not the area needing coverage. They examined the towers closest to the area.
Commissioner Duren asked if there will be a light on this tower. Mr. Blackiston stated there will be no light. Commissioner Duren noted there are helicopters going in and out of the prison and he questioned if they have checked with the Department of Corrections. Mr. Blakiston stated they have not but they are required to do an air space study for the FAA to determine the closest airport. They could light the tower if the Commission requested it. Commissioner Duren stated he sees helicopters in the area. Mr. Blackiston stated there is a corporate helicopter that flies high enough where it would not affect this pole. Regarding the prison, there are pads there should there need to be a reason for landing Lifestar. The facilities are far enough away from the fire station where it will not impact the helicopters going over the area.
Commissioner DiPace also had a concern about the helicopters and stated a simple solution would be to put a light on top of the tower. Mr. Blackiston stated they completed the FAA study and it came back that they did not have to light this tower and that the closest hazard was five miles away. Commissioner Duren stated when there are prison escapes, the helicopters come down pretty low in the area. Mr. Blackiston felt that the FAA would mandate that they light the tower if it were a hazard but they will also not care if a light is added.
Chairman Howard opened this public hearing to the audience. No one spoke in favor or against this application.
Chairman Howard closed this public hearing.
Mr. Giner stated Mr. Cabbibo will review the final mylars to make sure they address the remaining concerns. This is covered under proposed condition #4.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve to approve PH#2324 - Application for a Special Permit to allow a Wireless Communication Facility, including a 180' high Telecommunication tower, on land located at 37 Bacon Road in an Industrial 1 District, Map 94, Lot 62. Shaker Pines Fire Department 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:
Referenced Plans:
"Metro Tower, Proposed Wireless Facility, Title Sheet, Shaker Pines Fire Department, Enfield, CT, 06082", Sheet T-1, Sheet No. 1 of 4, Scale: "As Noted" by Maguire Group, Inc., dated April 15, 2002.
"Metro Tower, Proposed Wireless Facility, Location Plan, Shaker Pines Fire Department, Enfield, CT, 06082", Sheet C-1, Sheet No. 2 of 4, Scale: 1"=40', by Maguire Group, Inc., dated April 15, 2002.
"Metro Tower, Proposed Wireless Facility, Site Plan, Shaker Pines Fire Department, Enfield, CT, 06082", Sheet C-2, Sheet No. 3 of 4, Scale: 1" =10' by Maguire Group, Inc., dated April 15, 2002.
"Metro Tower, Proposed Wireless Facility, Elevations, Shaker Pines Fire Department, Enfield, CT, 06082", Sheet C-3, Sheet No.4 of 4, Scale: "As Noted" by Maguire Group, Inc., dated April 15, 2002.
Conditions to be Met Prior to Signing of Mylars:
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 conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this approval motion shall be filed on the land records prior to the signing of the plans.
3. The Public Hearing file number "PH 2324" shall be displayed prominently on all final plan sheets either in the title block or in the area around it.
4. The final mylars shall include the items requested by the Assistant Town Engineer who shall review and approve the plans prior to signing.
Conditions to be met prior to the issuance of permits:
5. Two sets of final plans, with any required revisions incorporated on the sheets, shall be submitted for signature to the Commission.
6. 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.
7. An engineering bond for removal of the wireless telecommunications facility including the tower and base components in an amount to be determined by the Town Engineer shall be submitted to the Town. Any need to use the bond by the Town of Enfield shall be binding in the site regardless of the name of the bond obligee.
8. The applicant shall post a bond for any required Site improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town.
9. A Separate Erosion and Sediment Control passbook shall be submitted in an amount to be determined by the Town Engineer.
10. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
11. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
Conditions which must be met prior to the Issuance of a Zoning Certificate of Compliance:
12. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
13. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit to the Planning Director final as built plans in a digital format prescribed by the Director.
General Conditions:
14. This approval is for the specific use and structures identified in the application. Any changes or additions to the site and the structures will require new approvals from the Enfield Planning and Zoning Commission in addition to any other required State approvals.
15. The wireless communication facility shall not interfere with existing or proposed public safety communications, commercial television and radio signals or other forms of communication transmissions. Any such interference shall void the approval of the facility.
16. The wireless communication facility shall comply with the standards promulgated by the federal communication commission (FCC).
17. All generators installed in conjunction with the wireless communications facility shall comply with all state and local noise regulations.
18. On or before August 31 every year, the applicant or Wireless Telecommunications Service Provider shall submit information to the Planning and Zoning Commission file for annual review in support of the following:
A. Maintenance of facilities - A certified inspection report shall be filed to ensure the continuing structural integrity of the Tower and accessory structures. If the report recommends that repairs or maintenance are required, then a letter shall be submitted to the Town to verify that such repairs and/or maintenance have been completed. The Town of Enfield may require repair or removal of the Tower based on the inspection report. The Town shall have no responsibility regarding such repairs and/or maintenance. Existing non-conforming Towers shall be subject to current approval requirements if replacement is required.
B. Continued use - An affidavit of continuing use of the Wireless Communication Facility to establish renewal and continuation of the Special Use Permit.
C. Propagation Plan - A system wide plan showing a regional perspective of Wireless Communications Facilities, both existing and proposed accompanied by a narrative explanation of the service provider's strategic plan for the ensuing year.
D. Copies of all reports filed with the FCC or the Connecticut Siting Council on EMF emissions shall be filed with the Planning and Zoning Commission. Automatic revocation of any approval given under this Chapter shall result for any Wireless Communication Facility that reports EMF emissions exceeding FCC standards.
19. If the wireless communications facility is not in use for 12 consecutive months, it shall be removed within 90 days from the end of such 12 month period, including base components by the last service provider using the site or owner, whichever has a contractual obligation to perform the removal. The site shall be restored to an appearance that is compatible with the surrounding neighborhood and where appropriate, re-vegetated to blend with the surrounding area.
20. The special use permit for a commercial wireless telecommunication service shall be valid for a maximum period of 10 years (July 31, 2012) with a right of reapplication under regulations in effect at that time.
21. The applicant, and his successors and assigns shall maintain the antennae and related facilities in a manner to blend in with the tower so as to minimize any visual intrusion into the surrounding properties.
22. The approval of an application for special use permit shall be void and of no effect unless construction of the project commences within one year from the date of the approval granted by the commission, (July 31, 2002).
23. 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.
d. PH#2326 - Application to construct a fueling facility in the southwest corner of the main parking lot of 54 Hazard Avenue (Stop & Shop Plaza), zoned BR, Map 56, Hazard Avenue Associates LLC, Applicant/Owner.
Attorney Thomas Tyler, 92 High Street, Enfield, appeared before the Commission representing Stop and Shop and Hazard Avenue Associates LLC. They are seeking the approval of a special use permit to construct a fueling facility in the southwest corner of the main parking lot at 54 Hazard Avenue, the Stop and Shop Plaza. This Commission's approval is applied for under the ordinance and is the third part of a four-part process required to make this project a reality.
Attorney Tyler stated the Inland Wetlands and Water Courses Agency gave its approval on June 18 and issued a wetlands permit on July 8. On July 29, 2002, the Zoning Board of Appeals unanimously voted to approve the proposed fueling facility location as required by state statute. In its approval, it issued a specific finding that the proposed location is suitable for the sale of gasoline and other products referred to in Section 14-319 of the General Statutes with due consideration being given to the proximity of schools, churches, theaters or playhouses or other places of public gathering, intersecting streets, traffic conditions, width of highway, the effect of public travel and that such use of the proposed location will not imperil the safety of the public. Attorney Tyler added that several ZBA members requested that he share other traffic pattern suggestions for the plaza with Lieutenant Boula which he did yesterday. These suggestions are not relevant to this application but are more in terms of the traffic pattern for the entire Stop and Shop plaza.
Attorney Tyler incorporated by reference all of the information, application, letters, correspondence, emails and other documents from both the Inland Wetlands and Water Courses Agency and the Enfield Zoning Board of Appeals into the file of this hearing.
Attorney Tyler stated their application to the State Traffic Commission follows the approvals once received from Inland Wetlands, ZBA and this Commission.
Attorney Tyler stated at the ZBA meeting this past Monday, he entered an exhibit which was a letter from Lieutenant Boula and attached to that letter was the traffic and parking investigation done by Langan Engineering. Lieutenant Boula in his letter indicated to Jose Giner that he has read the plans regarding the gas station at Stop and Shop. Also, he had read the report dated July 22, 2002. The reason it was not put into the file immediately was that Lieutenant Boula was gone last week. He came back Sunday night, came into work Monday and reviewed this application and issued his letter for the Monday, July 29, 2002 ZBA meeting.
Attorney Tyler stated this project has been in the works for over a year. They did meet with the Commission last year on a preliminary basis to get the Commission's feelings on the matter. There has been a substantial change in membership since that time. Subsequently, they have met with every health, safety and welfare agency connected with this proposal and adopted their recommendations on the final plans.
Attorney Tyler stated present this evening is Robin Pearson, an attorney with the firm of Levy and Droney. She will handle the state STC process. Also, present is John Plant, an engineer from Langan Engineering who is their traffic expert. Robert Nowak from Langan Engineering is also present and he has been involved in the project from the beginning. Kendall Cardwell, an expert regarding tank safety is present along with Frank Quigley. Frank has assisted Stop and Shop in obtaining over thirty approvals of this type in other areas throughout New England during the past six years.
Frank Quigley, Project Manager with Stop and Shop, stated they are proposing to construct a self-service fueling facility in the southeast corner of the parking lot of the Super Stop and Shop located between the intersections of Hazard Avenue and Freshwater Boulevard. Stop and Shop has been in the gas station business for approximately six years and has added this feature as a convenience to their customers. Stop and Shop presently has approximately thirty-five gas stations in Connecticut, Massachusetts and Rhode Island. There are ten constructed in Connecticut with another five in the permitting stages.
Mr. Quigley stated the facility is a self-service fueling facility and is under the control of the management of the Super Stop and Shop. All employees are union employees and will be trained and under the control of the store manager. The fueling facility is operating between the hours of 6:00 a.m. to 11:00 p.m. Monday through Saturday and 6:00 a.m. to 10:00 p.m. on Sunday.
Mr. Quigley stated the gas station is to be located approximately two hundred fifty feet away from the store and under Connecticut regulations, it must have a bathroom for the employee which is located adjacent to the fueling facility. In laying out the fueling facility, one of the things done is a parking utilization study to make sure that the entire shopping center retail area has a sufficient number of parking spaces to handle the retail. If this particular location did not have enough parking for retail, they would not be able to propose the gas station. The store is still the number one business to them with gas being an additional convenience item.
Mr. Quigley stated the station will occupy approximately forty-one parking spaces leaving 637 spaces or well above the 558 spaces required under the zoning ordinance. The fueling facility will meet all of the state, federal and local requirements regarding the installation and delivery of fuel to the motor vehicles. It is a three-dispenser island and will have the ability to fuel six vehicles at one time with a waiting capacity of an additional six. There is a kiosk building attached to the island. The kiosk building is approximately forty square feet and is only intended for the use of the operator to visually watch the fueling and have the safety controls within his reach. Items that would be sold in the kiosk building would be items associated with fueling or oil, antifreeze, windshield washer fluid, cigarettes and candy.
Mr. Quigley stated they have met with the local fire marshal and between the fire suppression system and other features in place, it does meet the local fire marshal's requirements with one addition. The fire suppression system is normally done from the canopy down and he has added a ground sweep so that they will have the ability from the top as well as the bottom.
Mr. Quigley stated customers would have the ability to purchase fuel at the gas pumps either through a credit card or cash. There is also the ability to purchase gas inside the store. Patrons would receive a receipt with a number and they could go to the pump, punch in the number and access the fuel. At all times, this facility is a fully attended station.
Mr. Quigley stated they have aligned the parking lot making sure that all of the existing access points to the center are being maintained. There are no new entrances into the facility. They do this specifically because they know that the number of vehicles entering and exiting have already been reviewed by this Commission as well as the State Traffic Commission. They have positioned this facility to allow the tanker driver to have safe access to be able to swing through the parking lot and then exit again without conflicting with parking areas.
Mr. Quigley discussed the truck route. The truck will enter from Freshwater Boulevard, take a left hand turn, and come along the back side of the fueling area. All the fueling is done off the passenger side of the vehicle. That way he can keep the truck between himself and the fueling facility and any passenger cars that would be coming around the outside would then be able to traverse safely without cutting through the fueling area. He would then traverse around the top of the property, circle back around and have a direct exit back out on to Freshwater Boulevard.
Kendall Cardwell, a licensed professional engineer, went into additional detail regarding the safety features of the gas station. He stated he has been involved in these fueling facilities for the last three years in the areas of design and construction oversight.
Mr. Cardwell stated there is a two-compartment, thirty thousand gallon underground storage tank. It is fiberglass, non-corrosive and has a space between the wall called an inner statial space. It is filled with a brine solution that is dyed bright green so they can check for leaks. That solution is monitored at all times and should there be any change in the level of that solution, an alarm would sound. All the alarms are sounded in the kiosk and also to a monitoring company. With the basic fueling operations, the tanker truck will pull up, connect the hose to the fill port and to a stage one vapor recovery vent. These connection points are located in a five-gallon spill containment manhole. Offloading is by gravity and as the fuel flows in, the level rises and forces vapors back. When the level of fuel gets to ninety percent, there is a flapper valve that restricts the flow of the fuel and the operator will turn the valves, stop the flow of fuel and disconnect the hoses. Any fuel still in the hoses will be captured in the spill containment buckets and there are hand pumps to put the fuel back into the tank. On top of the submersible fuel pumps, there is an automatic tank gauging system. The functions of this system are to do tank testing and act as a pressure sensor. The piping is double walled piping inside double walled piping. Any product that would escape the product piping would be captured in the outside piping, flow by gravity back to the sump which is water tight and trigger a sensor which would sound the alarm. At the base of each dispenser, there is a double pop-it valve. Should something hit the dispenser, this valve snaps and stops the flow of fuel. With a temperature change, this valve will also close in case of a fire or extreme heat. The dispenser hose has a two-piece valve. If someone should pull away with the hose in their tank, this separates and restricts the flow of fuel from the dispenser and also contains the fuel in the hose section.
Mr. Cardwell stated surrounding each dispenser is eighty feet of positive limiting barrier which are containment grooves which hold a gallon of gasoline for twenty-feet of grooves. The entire system is covered by a lighted canopy with recessed lights and the fire suppression system is located above and below. Each dispenser has three seventy-five pound bottles and the system is activated by heat sensors and it can be activated by the attendant manually.
Mr. Cardwell stated inside the kiosk are automatic shutoffs for the entire system that stop the power. There are also fire suppression nozzles, television monitors and an emergency spill response plan with phone numbers available. There is also a spill containment kit which is used for minor spills under five gallons. On each end of the underground storage tank pad, they have monitoring wells. There is also an oil water separator. All these safety features meet or exceed the local, state and federal guidelines for storing fuel.
John Plant, an engineer with Langan Engineering, gave an additional overview of the site. He noted the site itself undergoes exhaustive research to determine the best location for such a fueling facility. Stop and Shop has as much concern about ease of access, customer satisfaction, safety and convenience. They did a parking study that is part of the traffic report that was submitted. It indicated that this area of the parking lot was underutilized during peak periods and was well suited for locating this fueling facility. They are reducing the total parking count by 39 spaces.
Mr. Plant stated Stop and Shop has conducted a study evaluating the operations of several existing gas stations. That study has indicated that at no time at those facilities are there greater than two vehicles waiting at the pump. They have accommodated for that and a little more in the circulation pattern. Mr. Plant presented a rendering showing reconfiguring of the landscaped islands to provide isolation and protection of the fueling facility from the main drive aisles around it. They have provided a raised concrete strip to further delineate the drive aisles around the facility and this is mountable allowing the truck to access its delivery point in the tank.
Mr. Plant stated the three pump dispensers are covered by a canopy with a forty-four square foot kiosk and the restroom. They are expanding some of the landscaping. The drive aisles as they come out into the main aisle would be stop sign controlled with a stop bar sign and lettering. The facility has been graded to enter into a closed drainage system. The entire drainage system in this area will enter into a catch basin and that runoff would pass through a state-of-the-art oil water separator recognized by the DEP to be an effective system in protecting the environment.
Mr. Plant stated with the series of safety factors, they will address the occurrence of a possible spill. Prior to any runoff entering into the wetlands to the east of the property, there are special treatment and response procedures set in place.
Regarding traffic, Mr. Plant stated they took a look at what is anticipated to be generated here. Their next step is getting approval from the STC. This shopping center has an STC certificate and any work they do within it requires a modification of that certificate. They will also review the traffic. Regarding the traffic generated from such a fueling facility in conjunction with retail, there is no data that presently exists. Stop and Shop has conducted a significant study of a number of their facilities. They have used those trip generation numbers and they are also accepted by ConnDOT. What ConnDOT does not take into account is the fact that a majority of the users are already somewhere on this site. They will allow them a twenty percent pass by credit but their studies have shown the numbers are significantly higher. Mr. Plant noted this site is not exactly a high visibility site from Hazard Avenue and it is not intended to draw people off Hazard Avenue. The majority of the users will be existing patrons to the center. In the study, they used ConnDOT's requirement of twenty percent and even with that, there is no significant impact at all to the operations of the roadway network. There would be no change in the level of service during peak hours.
Mr. Quigley stated in conclusion they have worked with staff to make sure they have a proposal that is the best one for the Town of Enfield.
Commissioner Egan stated from an observation point of view, that roadway in the Plaza is pretty dangerous. He suggested that be considered and at the very least, traffic controls be implemented to slow down the traffic.
Attorney Tyler stated Lieutenant Boula recommended a stop sign in two locations to slow down the traffic. The other concern that the ZBA members raised was on the corner with the tree they were concerned about sight line views. Attorney Tyler has given that message to Lieutenant Boula.
Mr. Plant stated during the ART reviews there were specific discussions with the Traffic Safety Officer regarding circulation. They have indicated on the plan the issues they wanted addressed with stop bars and stop signs at any of the egresses out to the drive aisles.
Commissioner Egan asked where does the runoff go. Mr. Plant stated there are two drainage systems on the site. A portion of the site drains into the state system but a majority of the site drains through a closed catch basin and pipe system and eventually outlets at the property line and there is a wetland there. Commissioner Egan stated if for some reason there was a spill, would that be the direction. Mr. Plant stated they would be placing that unit which has the capacity to handle about 3,000 gallons of fluid on the site for oil water separation. It is a concrete chamber with multiple chambers inside. Commissioner Egan asked how it handles hydrocarbons. Mr. Plant stated it traps them within the three-chambered structure. The first chamber traps it. The next chamber is at a different elevation and if oil, water or gas is in the liquid, it is baffled so that the water will not release at a certain level. There are different levels that the water comes out through the baffles. The water level in that chamber does not get below the release of that water so that any oil or hydrocarbons do not get released into the stream.
Mr. Plant stated these oil water separators have to be maintained and Stop and Shop has a significant storm water maintenance plan that includes regular inspections and maintenance checks on a routine basis.
Commissioner Egan was interested in receiving information on this system.
Commissioner Durn asked that the maintenance schedule and responsibility be put on the plans. Mr. Plant stated it is a book but they will refer to the document on the plans regarding maintenance.
Commissioner Duren asked if customers will be allowed into the kiosk. Mr. Quigley stated they would not. Customers would go to the front window of the kiosk if they were paying by cash or credit card and chose not to pay at the pump.
Commissioner Duren asked about the materials for sale in this area. Mr. Quigley stated they are stored on a sales shelf area adjacent to the kiosk building. At the end of the day, the display is moved inside the bathroom area which is also a storage area. The bathroom is adjacent to the end of the pump island or about twenty feet off the end of the pump island. Commissioner Duren asked if there is a reason the bathroom facility was not included as part of the kiosk building. Mr. Quigley stated the decision was based on circulation and this is not an uncommon way in Connecticut. Mr. Quigley added that the attendant cannot leave the kiosk without permission from the store manager who then substitutes another person in the kiosk.
Commissioner Weseliza asked if there is a security measure in place for the employee in the kiosk to shut down the facility. Mr. Quigley confirmed there is. The attendant can also stop the flow of gasoline by pushing one button. The kiosk is 250' away from the store and the attendant is in full communication with the store.
Commissioner Weseliza asked if there have been any incidences of theft at any of their existing facilities. Mr. Quigley stated there have not.
Mr. Hickey stated the applicant is Hazard Avenue Associates LLC who is the property owner and Stop and Shop is leasing. Mr. Quigley confirmed that to be the case. The gas station would be an additional lease to their main lease. Attorney Tyler later stated any sub lease will be subject to the same benefits and burdens of any approval the site receives. It is also subject to the owners' concerns and they will not want to do anything to deteriorate the overall value of the plaza.
Commissioner DiPace stated he was impressed that the proposed fueling facility will have both air and rest rooms. He acknowledged the sophistication of the equipment at this location and does not think these systems are in place anywhere else in the town.
Attorney Tyler added the rest room is only for the use of the personnel in the kiosk. It is not a public rest room.
Attorney Tyler stated they initially had public rest rooms designed for this facility but as the result of input at the ART meeting, they did not fit. The rest rooms were then deleted and the rest room was moved to the present location to accommodate traffic safety concerns and recommendations. Further discussion regarding whether public rest rooms are required for gas stations in the State of Connecticut followed. Mr. Giner stated it was determined that there were facilities inside of the Stop and Shop store for the customers.
Chairman Howard opened this public hearing to the audience. No one spoke in favor or against this application.
Mr. Giner stated wetlands did a thorough review of the drainage issues and the containment. He would suggest an additional condition that the maintenance schedule be referred to and noted on the final mylars. Also, that appropriate staff review the final mylars.
Chairman Howard asked about colors of the building. Attorney Tyler showed a rendering of the proposed gas station facility which will be gray and white.
Commissioner Duren asked about the sign. Mr. Quigley stated the letters are internally illuminated and the band is not lit. The lights would be under the canopy with a direct down light. They do plan to submit a separate sign application.
Chairman Howard closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Duren, to approve PH#2326, application to construct a fueling facility in the southwest corner of the main parking lot of 54 Hazard Avenue (Stop and Shop Plaza), zoned BR, Map 56, Lot 26, Hazard Avenue Associates LLC, Applicant/Owner. 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 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 "PH2326" shall be displayed prominently on all final plan sheets either in the title block or in the area around it.
4. The plans shall show two stop signs placed in accordance with the Traffic Safety Division's comments of July 29, 2002.
5. The approved motion with conditions 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. 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.
8. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
9. 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.
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.
11. 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:
12. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
13. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit to the Planning Director final as built plans in a digital format prescribed by the Director.
14. All traffic safety signage shall be installed prior to the issuance of a certificate of zoning compliance.
General Conditions:
15. 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.
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. A building permit for the construction of facilities as approved must be obtained by July 31, 2003 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
18. 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.
19. A maintenance schedule for the oil water separators shall be added to the mylars.
20. The final mylars shall received appropriate staff review and approval.
The motion was approved by a 7 - 0 - 0 vote.
e. PH#2327 - Application for modification of a Special use Permit for facade changes to an existing Kentucky Fried Chicken franchise located at the Brookside Shopping Plaza at 16 Hazard Avenue zoned BR, Map 56, Lot 22, Springfield Food Systems, Inc., Applicant/Owner.
Justin Linear of Springfield Food Systems, Inc. appeared before the Commission regarding this modification. They are requesting a facade change to upgrade their existing Kentucky Fried Chicken restaurant. They would be removing the mansard and refinishing the building with stucco painted with the normal canopy colors. They would also be adding a second concept which is A&W as part of this upgrading.
Mr. Linear stated there will be some color changes associated with this modification. He pointed out the use of teal on the awning. There is also one blue stripe underneath the red and white stripe on the KFC tower.
Commissioner DiPace's opinion was the proposed modifications are too busy for this site. He thinks the tower looks good but he was not in favor of the entrance proposed with the A&W signage. Mr. Giner stated staff has not reviewed the signage to determine whether it is within the allowed square footage. Commissioner DiPace noted there are three signs on the front, one on one side, two on the other side and one in the rear. Mr. Linear stated those would be replacements of the existing KFC signs.
Commissioner DiPace reviewed all the A&W, KFC and American Food signs proposed on the site plan and noted at this time there is only one KFC sign on each side of the building.
Mr. Linear stated the sign on the rear elevation does not exist today.
Commissioner Duren asked for a description by direction. Mr. Giner stated the north elevation would be facing Hazard Avenue. The left elevation would be the rear that is facing the parking lot. The rear elevation would be the side facing D'Angelo's. The front elevation would be looking west.
Commissioner Duren felt the two shades of brown color proposed is too much. Commissioner DiPace added the entrance looks like a big flag and that should be eliminated. He asked that the applicant blend that top border which is stucco and leave the teal on the top for a more aesthetically pleasing appearance.
Commissioners Krebs and Weseliza were in favor of the KFC remaining as it is now.
Commissioner Hickey asked if the interior of the KFC restaurant would be changing. Mr. Linear stated the furniture would change.
Commissioner Hickey stated he has seen the store in Springfield and it looks like there's a Kentucky Fried Chicken and the A&W is separate. He asked if this will be one operation. Mr. Linear stated it will be one operation but with two different themes of furniture the same as the store in Springfield.
Mr. Linear stated he does not have any control over the colors. Those are A&W colors. They can, however, make modifications to the tower.
Commissioner Duren stated he doesn't mind the A&W sign.
Commissioner Lefakis asked about considering a combination where the bottom part would be stucco and the checkerboard pattern would just surround the top part.
Following additional discussion regarding proposed changes to the color plan, Commissioner DiPace summarized that the suggestion is to leave the plaid in the area where it says All American Food and paint the bottom a solid color. Commissioner DiPace stated the traffic counts in front of this shopping center are extremely high and there have been numerous accidents in this area. Commissioner DiPace felt the proposed colors would attract the attention of motorists. He felt the proposal is a great enhancement but he has a concern about the entrance.
Chairman Howard opened this hearing to the public. No one spoke in favor or against this application.
Mr. Giner stated it is a matter of taste regarding the colors and there are no technical requirements here. What Commissioner DiPace was emphasizing was that these things are meant to attract attention. There have been studies done regarding the graphics on a given highway and this is why the DOT will not allow certain signage between exits. They try to limit the amount of visual stimuli given to a motorist in a dangerous area.
Commissioner DiPace asked if the directional signs are existing. They also have product identification on them similar to other businesses in the area. The plans note to relocate signage and if they are relocating signs, it does not include A&W signs. Commissioner Duren noted there aren't any A&W signs up at this time. Commissioner DiPace stated the plans show more signage than what is being applied for.
Mr. Giner summarized there will be two KFC 5x7's, one A&W 3x6, on split KFC/A&W 4x8 and the total signage is 172 square feet according to the application.
Mr. Linear stated they did not finalize the signage and were waiting to see how the tower would come out. However, the directional signs are already existing and they are not additional signs. Commissioner Duren noted they are being changed so that KFC and A&W both are on those signs. Mr. Linear stated that is correct.
Mr. Linear asked if they were to redo this, would it be in order to request an extension of this public hearing. Commissioner DiPace stated that would be the procedure.
Chairman Howard questioned what is negotiable regarding the changes. Mr. Linear stated the A&W tower is negotiable but the colors are not from a trademark standpoint.
Mr. Giner asked if the applicant could take the Commission's suggestions into consideration and that they have the A&W corporate identification but not over the entire tower. Mr. Linear stated he has heard that over the door is the concern.
Commissioner DiPace stated his suggestion was one color in one area, the beige background on the tower, keep the teal up top and put the two signs in.
Commissioner Lefakis requested with the software available that the Commission be provided with a few combinations. He suggested the applicant come back with some variations so that the Commission is provided with a hard copy and can make their decision. Another option would be to have the bottom part consistent with the rest of the building and then the top of the tower containing the checkerboard pattern. Commissioner Lefakis felt it would be easier to vote on a modification if the options were available in hard copy to the Commission.
Chairman Howard would like to see the final rendering proposed. He felt that Shaw's has set the precedent and this proposal is the other extreme. He stated the Commission can extend this public hearing to allow the applicant to present additional variations. He requested an extension from the applicant to continue this public hearing to September 19, 2002.
Mr. Linear stated he will continue this application. He asked for a summary of the options suggested by the Commission.
Commissioner Duren stated there are two or three Commissioners who were not in favor of having the checkerboard detail of different browns. He doesn't think there is a problem with the signage. As long as the signage complies, he has not heard any concerns.
Chairman Howard asked if the applicant has photos of other sites. Mr. Linear stated the one in Springfield is only the second one in New England that has been done. There are some others around the country.
Commissioner DiPace discussed the corporate colors and noted that in different parts of the country they change the color to comply with local aesthetics.
Commissioner Duren emphasized that he was not in favor of the checkerboard. Commissioner DiPace also was not in favor of the checkerboard on the front entrance. If that was a beige color, he would not have a problem with it.
Commissioner members requested they be provided with color copies of any future renderings.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to continue this public hearing to September 19, 2002. The motion was approved by a 7 - 0 - 0 vote.
Commissioner Duren made a motion, seconded by Commissioner DiPace, to extend the meeting beyond 11:00 p.m. to consider any item that must be completed tonight. The motion was approved by a 7 - 0 - 0 vote.
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to change the order of the agenda and consider the two Special Use Permit applications at this time. The motion was approved by a 7 - 0 - 0 vote.
OLD BUSINESS
a. SPR#1180 - Application for modification of original site plan to construct a 6' x 6' enclosure for trash cans next to the kitchen exit door of the existing Ruby Tuesday Restaurant (Westfield Shoppingtown) at 90 Elm Street, zoned BR, Map 43, Lot 16, Ruby Tuesday, Applicant/Westfield Shoppingtown, Owner.
The applicant was not present but Mr. Giner noted the need for the Commission to act on this application tonight.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve SPR#1180 for a modification of the original site plan. The motion was denied by a 0 - 7 - 0 vote.
NEW BUSINESS
SPR#1176 - Application for car wash at 585 Hazard Avenue: portion of Scitico Plaza east of McDonald's Restaurant and west of abutting Allen Lawnmower inclusive of access to this portion of Plaza, zoned BL, Map 110, Lot 12, Alan K. Tracy, Applicant/P&D Realty, Owner.
Attorney Charles Parakilas, Guy Hesketh of F. A. Hesketh, Paul Fox, the planning consultant and the applicant, Alan Tracy, appeared before the Commission regarding this application.
Attorney Parakilas stated the applicant seeks approval for a six-bay self-service car wash and an additional thirteen parking spaces, eight of which are reserved for vacuum service. This activity is proposed on a leased site within the Scitico Plaza owned by P&D Realty. The site abuts Hazard Avenue on the south, McDonald's on the west, Alan Lawnmower on the east and a substantial portion of the shopping plaza on the north.
Attorney Parakilas stated on May 16 this Commission granted a change of zone from Business General to BL for the proposed site. On June 26, 2002 they had an administrative review team meeting where all issues of concern were addressed.
Guy Hesketh stated they are before the Commission tonight to request approval for a special permit for construction and operation of a car wash facility. The site is between the McDonald's facility and Allen Lawnmower. To construct this facility, they are looking at a redevelopment of an existing plaza. They are proposing to develop the portion of the plaza which is currently undeveloped by constructing a six-bay car wash. There are 37 parking spaces located in this area and they are proposing to relocate those behind the main building. They are required to have 40 paved spaces for the stalls which includes four per bay and two for each of the vacuum units. They have adequate parking to meet the ordinance.
Mr. Hesketh stated there is some impervious area that has been added. He has included in the master plan a green space analysis. They are adding additional impervious area indicated by the checkered pattern. To make up for that, they are going to take some of the areas that are currently paved and add green space so that the net increase in green space is 950 square feet. They have provided the necessary landscaped buffers adjacent to the residential zone as required.
Regarding storm drainage, Mr. Hesketh stated they will be adding some additional storm drains to handle the storm water runoff. There will be three new catch basins that will be connected by sub surface storm drains and they will tie the roof leaders from the building into those. Those will be connected to the existing storm drain system which currently serves the plaza. They are proposing a new sanitary sewer service that will be connected to an existing manhole located on Hazard Avenue across from McDonald's. They will construct new manholes and have an intricate system of oil grit separators which are part of a car wash recirculation recovery system that will recycle water. The waste from that water will discharge into the sanitary sewer system. They will also be required to apply for a DEP permit and following approval from this Commission, they will submit their application to the DEP for the car wash waste water permit.
Mr. Hesketh stated electric, telephone and gas will be underground service. The existing site lighting will be relocated as shown on the grading and utility plan. They do incorporate erosion and sediment controls and best management practices. They have done a storm drainage analysis which was sent to the Commission previously. Because they will have no increase in the impervious area and the watershed for the site does not change, there is no increase in runoff. They have reviewed this plan with staff at the ART meetings and there have been memos generated by Water Pollution Control and from the Traffic Safety Officer. Those comments have been addressed and they have made modifications to the plans.
Commissioner Duren stated there is a fax from Hazardville Water Company dated July 29, 2002. He asked if their concerns regarding advising secondary spill containment on all chemical storage containers have been addressed. Mr. Tracy stated he spoke to a representative from the Hazardville Water Company confirming that they will comply with that requirement. He was to submit a memo to Mr. Giner. Mr. Giner stated that could be added to the conditions of approval.
Commissioner Duren stated he did not see on the plans the notes regarding maintenance and inspection of the oil and water separators. Mr. Giner stated that could be added to the plans.
Commissioner Egan stated one of these car wash facilities was proposed at a different location on Hazard Avenue previously. He asked if all the equipment would be the same. Mr. Tracy confirmed it would be the same type of system and that system was previously approved by this Commission.
Commissioner Duren made a motion, seconded by Commissioner DiPace, to approve SPR #1176 - Application for car wash at 585 Hazard Avenue: Portion of Scitico Plaza east of McDonald's Restaurant and west of abutting Allen Lawnmower inclusive of access to this portion of Plaza, Zoned BL, Map 110, Lot 12, Alan K. Tracy, applicant / P&D Realty, owner. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans:
"Proposed Car Wash at Scitico Plaza 585 Hazard Avenue, Enfield, Connecticut, June 12, 2002 Revised t July 10, 2002. List of Drawings"
"Master Plan Prepared for Car Wash - Scitico Plaza, Hazard Avenue, Enfield, Connecticut" Sheet MP-1, Scale 1"= 40', By F.A. Hesketh & Associates, Inc., dated 06-12-02, revised to 07-10-02.
"Layout Plan Prepared for Car Wash - Scitico Plaza, Hazard Avenue, Enfield, Connecticut" Sheet LA-1, Scale 1"= 40', By F.A. Hesketh & Associates, Inc., dated 06-12-02, revised to 07-10-02.
"Landscape Plan Prepared for Car Wash - Scitico Plaza, Hazard Avenue, Enfield, Connecticut" Sheet LS-1, Scale 1"= 40', By F.A. Hesketh & Associates, Inc., dated 06-12-02, revised to 07-10-02.
"Grading & Utility Plan Prepared for Car Wash - Scitico Plaza, Hazard Avenue, Enfield, Connecticut" Sheet GR-1, Scale 1"= 40', By F.A. Hesketh & Associates, Inc., dated 06-12-02, revised to 07-29-02.
"Limited Topographic Survey Prepared for Scitico Plaza, Hazard Avenue, Enfield, Connecticut" Sheet TS-1, Scale 1"= 40', By F.A. Hesketh & Associates, Inc., dated 05-21-02.
"Details Prepared for Car Wash - Scitico Plaza, Hazard Avenue, Enfield, Connecticut" Sheet SD-1, Scale: N.T.S., By F.A. Hesketh & Associates, Inc., dated 06-12-02, revised to 07-10-02.
"Details Prepared for Car Wash - Scitico Plaza, Hazard Avenue, Enfield, Connecticut" Sheet SD-2, Scale: N.T.S., By F.A. Hesketh & Associates, Inc., dated 06-12-02, revised to 07-10-02.
"Notes and Details Prepared for Car Wash - Scitico Plaza, Hazard Avenue, Enfield, Connecticut" Sheet SD-1, Scale: N.T.S., By F.A. Hesketh & Associates, Inc., dated 06-12-02, revised to 07-10-02.
"Tracy Car Wash Scitico Plaza 585 Hazard Avenue, Enfield, Connecticut, Building Plans & Elevations" Sheet A-1 by Joseph D. LaGrasse & Associates, Inc. Dated June 13, 2002.
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 SPR file number "SPR 1176" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3. Since the drainage pipe does not have two feet of cover, class V reinforced concrete pipe shall be used instead of the corrugated polyethylene pipe shown on the subject plans. The plans shall be revised to show the appropriate details.
4. The final plans shall be revised to show stop signs or similar devices acceptable to the Traffic Safety Division for vehicles exiting the Car Wash and entering into the main access isle.
5. 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:
6. 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.
7. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
8. 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.
9. 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.
10. 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 :
11. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
12. The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
General Conditions:
13. This approval does not include the Free-Standing sign as shown on Sheet LA-1. A zoning text amendment or variance would be required for the sign to comply.
14. This approval is for the specific use and structure identified in the application. Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.
15. 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.
16. Any changes to the existing vegetation line or other landscaping as approved on the plans will require additional reviews and approvals.
17. A building permit for the construction of facilities as approved must be obtained by July 31, 2003 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
18. 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.
19. The applicant shall comply with the Hazardville Water Company memo dated 7/29/02.
20. A schedule and responsibility of maintenance of the grid and oil separators shall be on the mylars.
The motion was approved by a 7 - 0 - 0 vote.
BOND RELEASES
1. PH #2086 - Request for release of $3,200 Landscaping Bond for Bank of Boston ATM Kiosk at Stateline Plaza.
The Commission took no action on this bond release.
2. PH #1915 - Request for release of three (3) Landscaping Bonds in the amounts of $6,619.02*, $4,000**, and $4,000** for Hampton Chase Condominiums (*Phase II and **Phase III).
The Commission took no action on this bond release.
3. PH #2212 - Request for release of $10,000 Landscaping Bond for Savings Bank of Rockville ATM Kiosk at Scitico Plaza.
The Commission took no action on this bond release.
4. PH #2185 - Request for release of erosion and sediment bond in the amount of $300 and landscape bond in the amount of $4,500 for AT&T Wireless 100 ft. flagpole telecommunications tower at the American Legion at 566 Enfield Street.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the bonds for PH#2185, AT&T Wireless, in the amounts of $300 for erosion and sediment and $4,500 for landscaping. The motion was approved by a 7 - 0 - 0 vote.
5. PH #1947 - Request for release of Erosion & Sediment Control Bonds in the amount of $3,500 for Section II, $4,600 for Section III for Misty Meadow Subdivision off North Street and off North Maple Street.
Commissioner Duren made a motion, seconded by Commissioner DiPace, to release the bond for PH#1947, Misty Meadow Subdivision, Section III, as recommended in the memo from John Cabbibo dated July 31, 2002. The motion was approved by a 7 - 0 -0 vote.
OTHER BUSINESS
a. Section 8-24 - Referral for acceptance of open space and easements associated with Olde Post Road Estates Open Space Subdivision (PH#2308) located on the south side of Post Road, zoned R-44, Map 54, Lot 74.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to recommend approval to the Town Council of acceptance of the open space and easements associated with Olde Post Road Estates Open Space Subdivision (PH#2308) located on the south side of Post Road. The motion was approved by a 7 - 0 - 0 vote.
ADJOURNMENT
Commisioner DiPace made a motion, seconded by Commissioner Weseliza, to adjourn. Following a unanimous vote, the Commission adjourned at 11:25 p.m. Chairman Howard called the meeting to order at 7:30 p.m.
Respectfully submitted,
_____________________
Karen Krebs, Secretary
jmr Enfield Planning and Zoning Commission
Respectfully submitted,
_____________________
Karen Krebs, Secretary
jmr
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Last Modified: 11/5/2004 4:02:05 AM
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