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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
JUNE 6, 2002
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, June 6, 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
Robert Egan
James Hickey, Jr.
Karen Krebs
Jeffrey Cooper, Alternate
Joseph Jednak, Alternate
ABSENT: Charles Duren
Anthony DiPace
Nicles Lefakis
Karen Weseliza, Alternate
ALSO PRESENT: Jose Giner, Director of Planning and Community Development
MINUTES
Commissioner Krebs made a motion, seconded by Commissioner Hickey, to approve the Minutes of April 25, 2002. The Minutes were approved by a 5 - 0 - 1 vote. Commissioner Jednak abstained.
Commissioner Krebs made a motion, seconded by Commissioner Cooper, to approve the Minutes of May 16, 2002. The Minutes were approved by a 4 - 0 - 2 vote. Commissioners Hickey and Jednak abstained.
STAFF COMMENTS
a. Town Attorney
Assistant Town Attorney Maria Stavropolous reported the Commission received a written report from the Town Attorney's Office dated May 28, 2002. The only change is the Superior Court has approved the settlement that was discussed in item four, Foxx v. PZC.
The Town Attorney's Office had filed a couple of motions to dismiss in RYA et al. v. PZC and the co-defendant also filed a motion to dismiss. Pending rulings on the motions to dismiss, the new trial date is set for August.
b. Zoning Enforcement Officer
Zoning Enforcement Officer Wayne Bickley reported he spoke to the engineer working with Artioli Dodge who said the DOT permit has been issued. Mr. Giner is presently reviewing the plans for Artioli Dodge.
Commissioner Egan asked about 179 North Maple Street. Mr. Bickley stated it is not listed in the written report because it is not a new case. He has issued a cease and desist and delivered it to a Manchester address. The cease and desist was received and Mr. Bickley is waiting for the site plan to be filed.
c. Director of Planning
Mr. Giner reported on work that was brought to his attention that was taking place in the small plaza next to the Hazardville Institute. The contractor did not realize he needed approval to extend a sidewalk around the building by approximately 24". This was being done because there were some problems with trucks coming in and hitting the roof overhang. Mr. Giner had the Fire Marshal review the property and he had no problems with access to the building. Mr. Giner approved this change administratively. The Commission agreed with this procedure.
Mr. Giner reported on the paving on North Maple Street that was brought up by Commissioner DiPace. He stated the Wetlands had approved that as a remediation measure to bring the water down to a catch basin. There was existing gravel parking and the paved parking was a way to allow the runoff to concentrate and run into the catch basin. Mr. Giner stated there was parking on this site prior to this work being done and the only change was paving of the existing parking. Mr. Giner recommended to Mr. Northrup that if a Wetlands action involves some site plan improvements, that they inform this Commission in the future.
Commissioner Egan stated the work they had done on North Maple Street putting in the drainage and seeding the area was a requirement from the Wetlands Commission. What Commissioner DiPace was referring to was they took all the trees down on the side embankment, leveled it off and they installed some reinforcement pillars. They are also storing trailers on the site. Mr. Giner stated he will look into these other matters.
Mr. Giner reported the case for the Henshon Wingard tennis courts was approved by the court. He will be drafting a revised special use permit with stipulations. He did meet on site today to review the landscaping. The stipulation was to plant the additional landscaping to meet the "B" buffer yard or that the Town Planner make a determination that this was already met. Mr. Giner noted that visually you cannot see anything. There is a ten-foot berm with thirty-foot pines on top of that and dense woods. Mr. Giner will present a detailed report at a later date. Mr. Giner stated he could take another look in the fall to confirm the denseness of this landscaping. He plans to take more detailed pictures from Davis Avenue. He added that there might be one area to the south of the street where vehicles may be visible.
PUBLIC PARTICIPATION
Gordon Doug, 160 Elm Street, stated he is before this Commission regarding Saturn of Enfield that built next door to his property. He fought them for two years and lost. The problem now is that they do not maintain their property like they promised. They planted shrubbery between Mr. Doug's home and their business and it is all overgrown. The grass is not cut and they allow Somers Sanitation on the site at 4:00 a.m. and 5:00 a.m. Mr. Doug stated the people in the immediate area have to contend with all this noise. Chairman Howard requested that Mr. Giner look into this and also check on the conditions of approval regarding the times for trash removal. Mr. Giner stated he will have the Zoning Enforcement Officer visit the site.
CORRESPONDENCE
Chairman Howard reported receipt of a meeting notice that has since been postponed to September, the Zoning Board of Appeals Notice of Action for their May 20, 2002 meeting and the Historic District Notice of Action from their May 22, 2002 meeting.
PUBLIC HEARINGS - Continued from May 16, 2002
a. PH#2309 - Application for a Special Use Permit under Section 4.30.19 and Section 9.20 for a Senior Residential Development consisting of 57 units with related site work to be located on property zoned Residential 44 located on the southwest corner of Elm Street and Moody Road, Assessor's Map 75, Lot 1, Elm Development, LLC, Applicant/Owner. (Must close by 6/20)
John Reveruzzi and Dana Steele of J. R. Russo and Associates, 1 Shoeham Road, East Windsor, Connecticut appeared before the Commission regarding this application.
Mr. Steele stated this application was before the Commission two weeks ago. The project is a fifty-seven unit, age restricted development under the Senior Residential Development section of the regulations. It is on an eighty-one acre parcel which was formerly the proposed location of the second phase of Oldefield Farms condominiums. The project calls for the northern half of the parcel to be developed with the southern half to be put into conservation or open space.
Mr. Steele stated the project will be serviced by two roads. The first phase of the project is Quail Hollow which has two accesses on to Elm Street. A revised traffic report was submitted at the last meeting indicating that there would be no significant impact to traffic on Elm Street with this project. The project is located across the street from the Police Station and also the southern access driveway is directly across from the driveway for the proposed Senior Center.
Mr. Steele stated two phases are proposed for this project. At the last meeting, they reported they had an ART review and addressed the recommendations from that review and incorporated them into the present plans.
Mr. Steele stated the applicant is in agreement with the proposed conditions of the motion. Regarding the performance bond, this project is being built in two phases. They had discussed this with John Cabbibo, the Town Engineer, and he agreed the bond amount should be divided between Phase I and Phase II.
Mr. Giner stated he also spoke to John Cabbibo. He had done a total bond and the town's regulations do allow for bonding and phasing. He suggested the Commission could add to the conditions that the bonding be phased in accordance with the Town Engineer's recommendations.
Commissioner Egan asked if the plans dated April 1, 2002 and revised May 7, 2002 are those that will be approved by this Commission. Mr. Steele confirmed those are the plans they are requesting be approved.
Commissioner Egan stated there was a memo to Mr. Giner from John Cabbibo about the drainage calculations noting they were not signed and sealed by a professional engineer. Mr. Steele stated he also received a copy of that and they would be happy to accept that as a condition of approval. Mr. Giner suggested adding a condition that prior to the signing of the mylars and a certificate of the special use, that the drainage calculations signed and sealed by a professional engineer shall be submitted to the satisfaction of the Town Engineer.
Commissioner Cooper asked if there will be future requests for additional units beyond the fifty-seven units proposed with this application. Mr. Giner stated they would have to come back for any additional units. Mr. Reveruzzi stated proposed condition #3 and #13 requires this.
Commissioner Cooper asked about comments made by Mr. Reveruzzi at the last hearing session regarding the project being taken over by the association. Mr. Reveruzzi clarified those comments. He stated legally there are two things that restrict any future development. One is the regulations themselves and beyond that, there isn't any other land to develop except the common areas. It would be impossible for the association to go beyond the fifty-seven units. Mr. Reveruzzi stated the way they structured the plan, the association can't build anything without coming back to this Commission. They have done every possible to prevent the association from coming back to add structures or decks. These have been incorporated into the original plans.
Commissioner Egan stated the Wetlands Commission is requiring that they put that land into a conservation easement. Mr. Reveruzzi confirmed that once the forty-two acres go into the conservation area, there is nothing left but the common areas and there is no ability to expand the common areas.
Chairman Howard opened this public hearing to the public. No one spoke in favor or against this application. Chairman Howard closed this public hearing.
Commissioner Egan made a motion, seconded by Commissioner Krebs, to approve PH#2309 - application for a Special Use Permit under Section 4.30.19 and Section 9.20 for a Senior Residential Development consisting of 57 units with related site work to be located on property zoned Residential-44 located on the southwest corner of Elm Street and Moody Road, Assessor's Map 75, Lot 1, Elm Development, LLC, Applicant/Owner. This approval is subject to conformance with the referenced plans submitted by J. R. Russo and Associates dated 5/23/01 and 4/01/02, and revised 5/07/02 (as listed in the memorandum dated June 3, 2002 from Jose Giner, Director of Planning and Community Development to the Enfield Planning and Zoning Commission), 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. A finalized Management Plan based on the one presented at the Public Hearing shall be offered for staff and Commission review and approval. Any subsequent changes to the terms of the Management Plan shall require the Commission's approval as an amendment to the approved Special Permit.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
4. The Public Hearing file number "PH 2309" shall be displayed prominently on all final plan sheets either in the title block or in the area around it.
Conditions to be met prior to the issuance of permits:
5. 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. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit to the Planning Director, final plans as approved by the Commission in a digital format prescribed by the Director.
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. 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 of $901,800 with surety acceptable to the Town Attorney.
9. A Separate Erosion and Sediment Control Bond shall be submitted in the form of cash or a passbook, pledged to the Town, in the amount of $19,900.
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. All street signs and traffic safety signage shall be installed prior to the issuance of the first certificates of zoning compliance.
General Conditions:
13. 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.
14. This project is approved and shall be maintained as a Senior Residential Development, subject to the requirements and limitations of Section 4.30.19 of the Zoning Regulations.
15. This project is also subject to conditions found in its Inland Wetlands Permit #362.
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 June 6, 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. The applicant shall post a bond for site improvements and the amount is to be phased in accordance with the recommendations of the Town Engineer.
20. Prior to the signature on the mylars and the issuance of the permit, the drainage calculations shall be signed and sealed by a certified engineer.
The motion was approved by a 5 - 0 - 0 vote with Commissioner Jednak abstaining from this application.
PUBLIC HEARINGS - NEW
a. PH#2311 - Application for a modification to a Special use Permit for PH#2271to allow a change of use for the first floor of a mixed use building from professional office-residential to beauty salon on property located in a Business Local (BL) District at 442 Enfield Street, Map 33, Lot 161, Thi Pham, Applicant; Helen Kope, Owner. (Must close by 7/11).
Thi Pham, 19 Birch Hill Drive, Ellington, appeared before the Commission regarding this application. She proposes to purchase this property at 442 Enfield Street, live on the second floor and operate a beauty salon on the first floor. Her business is presently located on Enfield Street.
Ms. Pham stated there would be no exterior changes to the structure. The changes she plans to make will be interior ones.
Mr. Giner stated the Commission previously approved this building as a mixed use. When the owner, Mrs. Kope, came in to renovate the house, the first floor was to be used as professional offices in the front and residence in the back. It is a split of commercial and residential on the first floor and residential on the second floor. Because the residential was nonconforming, it came in under a change to a nonconforming use and was approved. The applicant is here because the floor plans previously approved by this Commission show that mixed use on the first floor. There was also a stipulation that any changes had to come back to the Commission for approval. Ms. Pham would be making the first floor more commercial and more conforming with the regulations.
Commissioner Krebs questioned the parking. Mr. Giner stated the parking was also nonconforming to the extent that it is located in the town right of way. There were nine parking spaces with a three-bay garage on the side. The town came in and repaved that area as part of the Road 2000 program. There are three on-site parking spaces with most of the parking spaces being on the street.
Commissioner Krebs asked how many employees will this business have. Ms. Pham stated there would be three, her husband, her brother and herself. The hours of operation would be from 9:00 a.m. to 7:00 p.m. Monday through Friday and Saturday from 9:00 a.m. to 4:00 p.m.
Following a question from Commissioner Cooper about who will reside at this location, Ms. Pham stated it would be her and her husband only.
Commissioner Krebs asked if there is any lighting in the windows proposed. Ms. Pham stated there will be signs in the windows. There is an "open" sign and a nail sign in the windows that will be hanging. There will be no neon signs.
Chairman Howard stated there are two hair stations and three nail stations and the maximum would be five customers at one time. Ms. Pham stated all work would be by appointment only. Also, two of the employees are part-time. She stated there will be three employees most of the time.
Mr. Giner stated Mrs. Kope came in previously and received an approval for this location. It was a somewhat rundown house and she did a nice job renovating the structure. It was very speculative as to what would be located here and the applicant is now before the Commission with a use for this home.
Commissioner Egan bought up the proposed parking. Mr. Giner stated there are probably twelve parking spaces but the site could probably accommodate about fifteen cars. Ms. Pham confirmed there are residences across the street. Mr. Giner stated it is zoned BL across the street. This was previously the subject of a public hearing in September, 2001 and it was approved by the Commission.
Chairman Howard referred to the email from the Fire Marshal. Mr. Giner presented a plan showing what the first floor looked like when it was approved by the Commission. It was all residential in the back on the first floor. All this applicant is doing is taking the area that was approved as residential and making it business or more conforming.
Chairman Howard opened this public hearing to the audience. No one spoke in favor or against this applicant. Chairman Howard closed this public hearing.
Commissioner Cooper made a motion, seconded by Commissioner Krebs, to approve PH#2311, application for modification to a Special Use Permit for PH#2271 to allow a change of use for the first floor of a mixed use building from professional office/residential to beauty salon on property located in a BL District at 442 Enfield Street, Map 33, Lot 161, Thi Pham, Applicant; Helen Kope, Owner. All previous conditions of approval listed in Volume 1492, page 20, of the Enfield Land Records not specifically modified by this approval shall be adhered to and maintained on the property.
Mr. Giner stated the Commission previously required the dumpster pad and screening to be located on the east side of the driveway rather than up against the residences. Mr. Giner stated Ms. Pham will receive the special permit and will have to file it on the Land Records. She will get a copy of the previous conditions of approval for this location.
The motion was approved by a 6 - 0 - 0 vote.
b. PH#2310 - Application for a Special Use Permit to allow the construction of an auto dealership with related site work at property located in a Business General (BG) District at 140-148 Elm Street, Map 57, Lots 322, 324, 327 and 328, LIA Auto Group, Applicant/Owner. (Must close by 7/11).
Eric Forish of Forish Construction, Westfield, Massachusetts, Scott Hesketh from F. A. Hesketh & Associates, Inc., Dana Steele from J. R. Russo, and Michael Lia, representing his Father, William Lia, Sr., the owner of the property at 140-148 Elm Street, appeared before the Commission regarding this application.
Mr. Forish stated they have been before the Commission previously for other properties in Enfield. Most recently, 40 Palomba Drive was developed as a Hyundai dealership. They are here tonight for a project located at 140 - 148 Elm Street in a Business General zone. The parcel is approximately 2.5 acres. They are proposing to develop a car dealership in excess of 12,600 square feet for the sale of new automobiles and specifically Volkswagens.
Mr. Steele stated this property is located near the corner of Palomba Drive and Elm Street. The property is located on five existing parcels. At one time, there were individual homes on each of those five parcels. This was a site that was previously approved for a Pep Boys. Mr. Steele noted there are a lot of similarities between this application and that one. The access for the parcel on Elm Street is proposed in the exact location that was approved for Pep Boys. This is a project that Scott Hesketh will be discussing in more detail but it has received preliminary approval from the DOT in terms of location. It also has almost the same impervious coverage as the Pep Boys' application and the same drainage concept. Mr. Steele discussed the exact location of the parcel adjacent to the Enfield Honda dealership with the property to the west occupied by State Line Plaza and TGI Friday's. He described the access drive on the site plan.
Mr. Steele stated the property is in the Business General zone. It is surrounded to the south and west by a Business Regional zone. The utilities for this parcel will be public water, city sewer, gas service and electrical service. The Fire Marshal has requested a fire hydrant near the entrance. Mr. Steele noted that some of the comments from the ART review are not in the plans before the Commission but they are addressed on the plan on the board. The reason for that is one of the main issues at the ART review had to do with the access to the site. There was a concern that there was only one access to the site. Lieutenant Boula recommended an additional access. This was discussed at the ART. When they first submitted the plans, they showed a driveway connection on the side. After the owner reviewed that further, they found it really was not conducive for putting a driveway in this narrow area and would disrupt the parking of vehicles. They looked at another option and it was agreed the access shown on the latest plans is the best location to put the second access. It would provide traffic flow between the two parcels and Palomba Drive.
Mr. Steele stated some of the other minor comments have not been addressed yet because they were waiting to see what direction they would go regarding the access. They have tried to come up with a solution that was not going to restrict or cause problems with the existing parcel for Enfield Honda at 10 Palomba Drive.
Mr. Steele stated they will be submitting revised plans addressing the comments and showing the driveway.
Regarding parking, Mr. Steele stated they propose thirty-five parking spaces for customers and employees. The regulations require twenty-nine spaces. The facility has a sales area and a service area with nine bays. Mr. Steele stated there is also an additional paved area for the display of vehicles along the front and side.
Mr. Steele stated this application meets the requirements regarding building coverage, impervious coverage, parking and landscaping. They have submitted sign information. They propose a freestanding sign in the northwest corner of the parcel and there will be some signs on the building. There will be a service sign in front of the canopy and a dealer name sign on the building. All signs conform to the area requirements of the ordinance.
Mr. Steele stated there is an "A" buffer in front of the parcel or a twenty-five feet buffer. Site lighting is shown on the plans and a photometric plan has been submitted as requested at the ART.
Mr. Steele stated the site will drain from north to south. He noted with the Pep Boys' application, there was a proposal to send the drainage out to Elm Street and that was turned down by the state. They subsequently made an agreement with State Line Plaza. Mr. Steele stated they are proposing the same type of drainage system with perforated pipes with stone around them to allow the storm water to get back into the ground and to detain the storm water. They submitted their drainage report to the Town Engineer who asked for some additional year storms. They will provide that information to the Town Engineer. Mr. Steele spoke to John Cabbibo today and he was waiting to see the results regarding their access drive.
Commissioner Krebs asked where the access drive is proposed. Mr. Steele stated the access driveway is not on Palomba but it is connecting the Honda property and the new Volkswagen property. One of the concerns was providing another way for cars to get out besides going out on to Elm Street. This allows cars to go through the Honda property and on to Palomba Drive. Commissioner Krebs asked if people would only enter the access on Elm Street. Mr. Steele stated the plan as presently proposed allows for entering and exiting in both directions on Elm Street. The main concern was that they provide a second access. Mr. Steele stated they are waiting for the Town staff to offer their comments on this access proposal.
Commissioner Hickey asked who owns the Honda property. Mr. Steele responded the Honda property is owned by the same entity, Mr. William Lia. Commissioner Hickey asked if there would be an easement for this second access. Mr. Steele stated the town staff wanted to see a connection between the two parcels. The reason they did not show a second access initially was because the Pep Boys' application had been approved with a single access on to Elm Street. Because the adjoining parcel was the same ownership, there was an opportunity to work out a second access. Mr. Steele suggested the addition of the access drive be a condition of the special use permit. This would mean if this site were to be sold at some point or change ownership and a different use was proposed, the original approval would no longer apply and the new application would have to meet whatever was required by the town at that time. Mr. Steele stated rather than provide an easement through the property, they would suggest that it be made a condition of approval.
Commissioner Egan and Commissioner Krebs would like to see a copy of the drainage calculations. Commissioner Egan stated it was his opinion that the Commission should be provided with such calculations similar to the way plans are provided. He noted there is a lot of pavement in this area and there have been some flooding problems.
Commissioner Egan asked about the maximum number of cars that will be parked for sale both new and used. Mr. Steele stated that will depend on how tightly they are parked together. The display area totals 13,280 square feet. That would calculate to space for approximately eighty vehicles.
Commissioner Egan stated Mr. Steele made a comment that the coverage area of this project would be the same as the Pep Boys' application. Mr. Steele confirmed that to be the case or a coverage of 64.8%. The Pep Boys' application was 65%.
Commissioner Krebs asked about lighting and rooftop units. Mr. Steele stated the lighting would consist of 25' high poles with 1,000 watt lamps. Regarding the roof top units, they will be screened and completely hidden from view.
Scott Hesketh, a licensed engineer in the State of Connecticut with the firm of F. A. Hesketh & Associates, discussed the traffic impact report submitted with this application. Mr. Hesketh stated they researched the files at the DOT to determine the traffic volume counts on local roadways. The traffic counts were done in 1998 which indicate Route 220 carries a daily traffic volume of 56,700 vehicles with approximately 1,800 during the morning peak hour and 2,100 vehicles during the p.m. peak hour. In addition to those traffic volumes, they also conducted manual turning counts at Route 220 and Freshwater Boulevard, Route 220 and St. James and Route 220 and Palomba Drive. They used those volumes and the state volumes and applied a growth factor of three percent to a design year of 2003 to determine the background traffic volumes which would be occurring in the area. They presented turning movement volumes for the p.m. peak hour and a Saturday peak hour.
Mr. Hesketh stated the proposed facility is approximately a 12,600 square foot automobile sales dealership. From the Institute of Transportation Engineers' Trip Generation Repoirt, which is a standard engineering reference, they have determined that the proposed land use will generate approximately 473 new trips on an average day with 28 trips during the morning peak hour, 35 trips during the p.m. peak hour, approximately 265 new trips on a Saturday and 37 peak hour trips during the Saturday peak hour.
Mr. Hesketh stated they took these volumes and distributed them to the local roadways and intersections to determine the operational effectiveness of those intersections. The results of that analysis are presented in the report submitted in table two. The important thing to note here with the levels of service is that with the addition of this particular development, there is not a significant impact on traffic operations at the intersections in the immediate vicinity. The average delay in any of the surrounding locations is less than one or two seconds per vehicle as a result of the new development. Mr. Hesketh pointed out that the driveway of this facility to Route 220 will operate at very good levels of service as a full movement driveway with the exception of the left turn exiting the site on to Route 220. This will experience a level of service of E or F during peak hours with delays of up to 113 seconds per vehicle. Mr. Hesketh noted that the amount of traffic volumes they anticipate to be making these movements during the peak hour is a maximum of twelve to fifteen vehicles. One vehicle every four minutes would be attempting to make a left turn out of the site.
Mr. Hesketh suggested the driveway to Route 220 remain a full movement driveway because the volumes are relatively light with the suggestion of the secondary access through the Honda facility to be used for vehicles wishing to make a left hand turn. Vehicles can have another means of access by going through the Honda facility, exiting out to Palomba Drive, heading north up 220 and making a left turn at the signalized intersection. These levels of service would occur during peak hours or one or two hours a day. The remainder of the day the delays will be significantly less than that and the ease of movement will be much greater than shown during peak hours.
Mr. Hesketh pointed out that the previous application for this parcel for a Pep Boys' facility is an application F. A. Hesketh did an aerial report on and the application was approved with an access at that location. Mr. Hesketh stated the traffic authority of the town had some concerns at that time and he has similar concerns about this application. Because the two property owners are the same, there is an opportunity to provide an alternate means of access. In Mr. Hesketh's opinion, it still should not warrant eliminating those movements.
Mr. Hesketh stated at the time of the Pep Boys' application, they submitted preliminary plans to the Department of Transportation and negotiated with them for improvements at that location. They had received preliminary approval to provide a full movement driveway at that time.
Mr. Hesketh noted the State of Connecticut and the Town of Enfield are currently in the process of planning to improve the intersection of Route 220, Freshwater Boulevard and St. James to make it a more conforming intersection. With those improvements, the left turn lane to Route 220 on to Freshwater Boulevard will be extended down to about the point of this proposed driveway location. That left turn lane would be extended slightly north to provide an area of refuge for people waiting to turn left into the facility so that they would be able to move from the traffic flow along Route 220. In Mr. Hesketh's opinion, although there will be some delay of people exiting the site during peak hours, the intersection should operate safely and efficiently during most hours of the day. During those hours when there is a significant delay, there is an alternate means of access.
Mr. Hesketh requested that the Commission approve the plan as presented with the full movement access to Route 220 and the alternate access through the Honda site to Palomba Boulevard.
Chairman Howard stated he has a lot of concerns. He also does not want to compare the previous application and this application. Having bought cars previously, he stated he has done so during the busy times or on his way home from work. He thought traffic coming in and out of this site on to Elm Street is going to be a nightmare. Regarding the solution of using the alternate back driveway, Chairman Howard stated he doesn't think the customers will go out to the back of either building to get to the main roads. He sees it as an out if people can be attracted to use it.
Mr. Hesketh stated when the Commission has an opportunity to review the traffic report, they will see that they have tried to be conservative in their approach. They have put all of the west bound vehicles making a left turn out of the site driveway and did not assume anyone would use the rear exit in order to give the Commission a view of what the numbers will be. The only traffic that they did put through the Honda site is the traffic that would be traveling down Palomba Drive anyway heading south when exiting the site. They have 85% of the site traffic exiting on to Route 220 and the remaining 15% through the Honda site.
Mr. Hesketh stated although there are lengthy delays for people exiting the site and making a left hand turn, it is under two minutes per delay. They anticipate such a movement will be made once every four minutes during peak hours. Mr. Hesketh did not anticipate a large volume of queing vehicles and with the signals on either side of the driveway at Palomba Drive and Freshwater Boulevard, there will be opportunities and gaps created in the traffic stream because of the platooning effect of the traffic through this location. Although a vehicle would have to wait a substantial period of time on occasion, there will be gaps in traffic created because of the traffic lights. Therefore, they feel it will operate efficiently.
Chairman Howard questioned if they want people going to the back of the site during the winter. Mr. Hesketh stated it is not their first choice but the access was provided at the request of town staff. It is an alternate means of access. It could be utilized during peak hours and probably not so much during non-peak hours.
Commissioner Jednak stated he has a concern about the traffic coming out. He sees the same problem here as at Johnson Memorial where they had to put in a traffic light. He noted traffic does come through this area at a high rate of speed.
Commissioner Cooper stated he does not recall any other place on Elm Street where there is the opportunity to pull out other than Asnuntuck College which has a traffic light. This proposal seems dangerous to him and he noted Elm Street is busy not only during peak hours but all day long.
Commissioner Hickey asked if the DOT has issued a permit for the curb cut on the state road. Mr. Hesketh stated they had preliminary approval for that but it did not go far enough to have the construction plans submitted. A permit has not been granted at this time for that curb cut.
Mr. Hesketh stated with the improvements for Route 220 and the St. James intersection. there was a minor sliver widening in order to extend the left turn lane east of this driveway location to provide the sheltered area for left turns into this particular driveway. Those were the types of improvements they were looking at as they began but did not finish the Pep Boys' application. They have not yet initiated discussions with the DOT for this application.
Commissioner Egan stated he agrees with the previous comments of other Commissioners. The problem is that exit on to Route 220 or Elm Street. In the analysis provided, safety issues are not addressed and the report centers on traffic flow. Commissioner Egan noted realistically many people tend to pull out under many hazardous circumstances and this gives them an opportunity to do that. Commissioner Egan felt the peak traffic flow is significantly longer than what was projected. He drives this road every day and the flow of traffic on Elm Street is increasing continuously as the shopping areas, malls and car dealerships are expanded. This is a concern to him.
Commissioner Egan asked if the traffic flow study was only two days. Mr. Hesketh stated they did turning movement counts with people sitting at the intersection counting the cars during the peak hours. They did not install tubes for significant periods of time.
Commissioner Egan asked if there would be any circumstances where traffic would exit on to Palomba Drive. Mr. Hesketh stated the site does not have frontage on Palomba Drive. Commissioner Egan stated the people that own that adjoining property are making this proposal and they certainly have control over that property in order to do that. He asked that they think about that.
Chairman Howard stated the Commission is here to work with the applicant and not against the applicant. He noted they show a driveway coming from the back of one building to the back of another building. He asked if anyone has considered a drive right through that little parking lot to Palomba Drive. This would make so much more sense and there would be so much more visibility to everyone.
Mr. Hesketh noted if the idea is to provide an access for people to make a left hand turn on to Route 220, the median on Palomba Drive would prohibit that.
Mr. Forish stated this was considered. They have spent some time on this and all options were considered. They wanted to find the one that they felt, based on their consultant's recommendations, would be most effective to solve the concerns and issues at hand and, specifically, address safety. Mr. Forish noted they chose the option they did because it had a clear driveway all the way through. They felt the proposal before the Commission is the safest. Mr. Forish stated it is possible to move the driveway and they can increase the aisle width but traffic will then be limited to a southern turn only on Palomba Drive and will have to make a u-turn. Mr. Forish stated the Lia's are interested in finding the best solution for this development. A lot of thought has been put into it. They have been utilizing the comments from their traffic engineer and they are also interested in the Commission's opinions.
Chairman Howard stated if the town staff recommends this plan is truly safe, he will accept their recommendation. However, he does have his concerns.
Commissioner Krebs asked about the delivery of vehicles and where that would take place. Michael Lia stated his family is the owner of the site. He noted they have tried to design this based upon what they saw previously on this site. There were a lot of options considered. Regarding new car deliveries, he pointed out where they would enter on the site. He identified the customer area and vehicle display area. Commissioner Krebs asked if the applicant would be willing to document that new car delivery area in the conditions because the Commission has had a lot of problems with unloading of vehicles on Palomba Drive in the past. Mr. Lia did not have a problem with such a condition.
Mr. Forish stated the Lia's will be coming before the Commission with projects for the properties that the Commission is concerned about which are currently in existence. The Commission will have further opportunity to make their comments known in the near future.
Commissioner Krebs asked about the blue color proposed and if it would be similar or matching to the Hyundai blue. Mr. Lia stated it is not exactly the same but it is fairly similar. Mr. Forish described the rendering of the front of the Volkswagen showroom. It is white stucco with yellow.
Mr. Lia stated they had discussed the various traffic options and felt one of them might be a little dangerous if there was an access very close to the corner. The proposal before the Commission with the entrance in the location proposed would limit the curb cut.
Chairman Howard questioned if they could take some of the property from Honda and use it for the Volkswagen site. Mr. Lia stated they had considered that but it would make the Honda property unusable for storage. Mr. Forish added that the parcels cannot move property lines because of the difference in zone. Mr. Lia pointed out another traffic pattern on the site plan that they had considered for better visibility but it was the same distance to get out on to Palomba.
Commissioner Egan asked if they had considered a right turn only out to Route 220. Mr. Forish stated all options have been considered and they are deferring to the recommendation of their traffic engineer. Based on his statistics, what they are hearing is it should be at the discretion of the driver. The driver would be provided with two opportunities and if it is a busy time, the driver has the opportunity to go out the rear entrance. Mr. Forish acknowledged that they are not locked into a specific solution.
Commissioner Egan again noted that safety is an important issue.
Mr. Steele stated the parts deliveries would take place around the rear of the building. In terms of maintaining traffic flow around the building and avoiding clutter, there is a need on the part of the operation of this facility to maintain an open drive for new car delivery. They have to be able to go around the building because they will not be able to back up. This would assure an open drive scenario.
Chairman Howard noted receipt of the memo from Robert Boula dated Thursday, May 2, 2002 to Jose Giner, Director of Planning in which he recommends the access be one way only. Mr. Steele stated they plan to meet with Mr. Boula tomorrow to discuss the new plan. At that time, they will have a better idea of which direction to go regarding the Route 220 access.
Mr. Forish discussed the site plan and pointed out the sales area and main entry. The canopy represents the service entry. A customer would come in for service and park under the canopy. A service technician takes care of the customer and the technician drives the vehicle away. The only entry into the building is under one door where the technician is controlling the vehicle. Upon completion of the service, the vehicle will exit through the building and be parked in one of the service spots awaiting the customer's return. There is a display area within the building and sidewalks around the perimeter.
Mr. Forish presented the elevations. He stated this is one of the new prototype facilities that Volkswagen is now constructing throughout the country. There is a large glass area, a featured entryway with the light yellow coloring and the balance of the building would be a low profile on each side with a white stucco finish. The color is white linen. The service building has all stucco facade on the street elevation, on the side elevation facing State Line Realty and also on the elevations facing Palomba Drive. The rear of the building does have white clad steel siding for the back of the service building only. The front glass of the showroom has a slope to it so that it is not a vertical glass wall but a sloped wall sloping back.
Regarding the rooftop units, Mr. Forish stated the upper building has parapets around the perimeter. The units would be located in the rear and hidden by the parapet.
Regarding signage, Mr. Forish stated there is the Volkswagen identity emblem on the face of the building and a service entrance indicator sign that is also on the face of the canopy along with the brand ownership of Lia. There will be a pylon sign at the street entry.
Mr. Forish stated they are interested in moving forward expeditiously on this project and appreciate the efforts of this Commission and the Planning Department.
Chairman Howard brought up the shrubbery in the front since it is residential across the street. Mr. Steele stated the regulations require a twenty-five foot landscaping buffer or an "A" buffer and that is what they have provided. The landscaping calculations also refer to interior landscaping or green space within the parking area and canopy trees within the parking area have been provided. There are some low lying shrubs and some smaller trees which are ornamental along with larger canopy trees to provide a buffer for the area. There is also a sidewalk proposed even though a sidewalk did not exist in front of the residential homes previously.
Chairman Howard asked about maintenance of the landscaping. Mr. Lia stated they have a landscaping company that does spring and fall cleanup and regular maintenance. There are also proposals that will be coming forward regarding the Hyundai and Nissan sites that will enhance those properties as well.
Mr. Giner stated staff has not had a chance to review the plans and he would suggest continuing this hearing until July 11, 2002.
Mr. Steele stated the plans are prepared at this time and they can submit them tomorrow. Mr. Giner suggested the Commission could continue this hearing to June 20, 2002 but he was unsure if staff could complete their review in time for that meeting. Following a brief discussion, Mr. Forish requested that they be on the June 20, 2002 agenda and if everything is not complete, that it be continued to July 11, 2002. Commissioner Egan would like to see the drainage calculations and the plans prior to the meeting. It was the consensus of the Commission to continue this hearing to June 20, 2002.
Chairman Howard opened this hearing to the public.
Gordon Doug, a resident of 160 Elm Street for 47 years, had some questions for the Commission and the developers of this property. He asked when the property was sold to Dr. Palomba thirty plus years ago, they were going to make Palomba Drive automobile row and sporting facilities. That fell by the wayside. Now they are starting to put in restaurants and they have all the automobile facilities. He has no objection to these car dealerships on Palomba Drive but he does object to putting them on Elm Street. He noted Saturn is on Palomba Drive and doesn't have a cut to get on to Elm Street from their facility. Mr. Doug does not think the Volkswagen dealer should have a curb cut either. He questioned why they don't locate this dealership between Nissan and Hyundai since there is a large open lot there.
Mr. Doug has noticed at Enfield Honda quite often cars are parked on the grassy areas. He called the enforcement officer many times about this and he said he has visited the site and written letters but to no avail. They just do as they please.
Mr. Doug asked why all the trees were cut down. There was no approval for this site and yet every tree on the five properties was removed. He doesn't think this is right and they should have had an approval from the town to do this. Mr. Doug stated one of the things they are all forgetting about is Asnuntuck Community College. There are over 2,400 students that attend that school every day. Mr. Doug noted every night there is a traffic jam from Palomba Drive down to the school. They are talking about making it seven lanes in front of the school. He asked what are they then going to do between Freshwater and Palomba. Mr. Doug felt something has to be done there also. He suggested they could eliminate the right turn on to Elm Street or from Elm Street on to Palomba Drive. Eliminating that right turn on red will help the traffic flow.
Mr. Doug stated he is not for or against this dealership because he knows he will have to move eventually. He is getting forced out.
Commissioner Egan made a motion, seconded by Commissioner Krebs, to continue PH#2310 until the next Enfield Planning and Zoning Commission Regular Meeting on June 20, 2002. The motion was approved by a 6 - 0 - 0 vote.
OLD BUSINESS
a. Bond Releases
1. PH#2176 - Kids Kare Daycare, 601 Hazard Avenue - Request for release of Site Bond in the amount of $101,130 and Landscape Bond in the amount of $8,219.
This bond release was tabled pending receipt of a memo from John Cabbibo recommending release. Mr. Cabbibo had a concern that the plans did not conform to what was built. The reason for this, according to Mr. Giner, is the Commission informed the owner that because the regulations were about to change, she did not have to install all the parking. Mr. Giner stated the Commission needs to hold on to the landscaping bond because the year has not yet expired.
Later in the meeting, Mr. Giner presented the memo from Mr. Cabbibo. He noted he has also talked to Mr. Cabbibo and he had no problems with the release of the site bond. Commissioner Egan stated he does not see a recommendation to release the bond and would, therefore, vote against it. The Commission tabled action on this bond pending a written confirmation from Mr. Cabbibo recommending release.
2. PH#1804, 1805, 1806 - Strawberry Lane - Grant Road - Request by George Colli for release of Engineering Bonds in the amounts of $6,178.60, $35,674.20, $39,667.20 and $29,502.00.
Commissioner Krebs made a motion, seconded by Commissioner Hickey, to release the engineering bonds in the amounts of $6,178.60, $35,674.20, $39,667.20 and $29,502.00 for PH#1804, 1805, 1806, Strawberry Lane, Grant Road. The motion was approved by a 5 - 0 - 1 vote. Commissioner Egan abstained.
NEW BUSINESS
a. Preliminary discussion with Enfield People for People, Inc. to explore the possibility of amending the Town Zoning Ordinance to allow one low-to-moderate income, planned unit development per year of not more than 15 units.
This item was tabled, at the request of the applicant, until the June 20, 2002 Commission meeting.
b. SPR#1172 - Application to allow a temporary outdoor recreation event at 90 Elm Street for a Fanelli Amusement Co. Carnival - June 7, 2002 - June 16, 2002, Westfield Shoppingtown, Applicant/Owner.
Angela Cussoneau, 775 Main Street, Ellington appeared before the Commission regarding this application. She stated they are having a carnival on the Enfield Square site beginning on Wednesday, June 12, 2002 sponsored by the Enfield Square. It will run through Sunday, June 16 and end at 5:00 p.m. The plans are the same as previous years but the area to be used is a little smaller.
Ms. Cussoneau stated the reason the Commission did not receive this in advance is the carnival people had a cancellation and the event became available. She stated they will make a monetary donation to the Enfield Food Share and also request that patrons of the carnival bring a can of food to the event.
Mr. Giner stated he had no complaints from last year. It is in the same location and the same people are running the carnival.
Commissioner Krebs made a motion, seconded by Commissioner Jednak, to approve SPR#1172 to allow a temporary outdoor recreation event at 90 Elm Street for a Fanelli Amusement Company Carnival. The motion was approved by a 6 - 0 - 0 vote.
12. Other Business
a. Discussion with Tunxis Management regarding landscaping for Brookside Plaza.
Town Planner Jose Giner requested that this item be tabled to a later meeting and he will contact John Reveruzzi about original plans in the interim. Chairman Howard stated he cannot be convinced that any trees have to be removed at Brookside Plaza.
b. Resolution authorizing Secretary to sign mylars for Misty Meadow Subdivision for purposes of town road descriptions.
Mr. Giner stated he has been reviewing the Misty Meadow Subdivision with the Town Attorney. He noted during the time between Town Planners, the second phase of Misty Meadows with revised plans was approved. The mylars were put in the Planning Office but never signed. Somehow the properties got sold without those mylars. Mr. Giner stated the deeds were not approved as to form because the maps on file did not conform with the actual roads. There is no map on file that actually shows the roads as eventually approved. The subdivision expired and the question was how to get something on the record so that the Town can file the necessary deeds. Assistant Town Attorney Mark Cerrato suggested that the mylars be signed to have a map that shows accurate road descriptions to tie the deeds to. Mr. Giner stated Secretary Krebs is not comfortable signing these mylars. However, without the signed mylars, they will not be able to file an accurate deed.
Mr. Giner stated Misty Meadow was approved under PH#1947 in approximately July, 1998. The properties have been conveyed and the banks issued mortgages.
Chairman Howard stated when the new Commission took over in January, Secretary Krebs was asked to sign these mylars. She was not comfortable doing so. This has been going on since January and a lot of work has gone into it to prove that it is legal. Chairman Howard recommended that the Secretary not sign anything that the Commission doesn't vote on. He requested that the Commission make a proposal to allow the Commission Secretary to sign these documents. There will also be something on record in the Minutes to justify her action. He asked that the Commission vote tonight to agree to have the Secretary sign these Misty Meadow mylars.
Chairman Howard stated everything is done and the properties are all conveyed. If this is not done, the town roads are in jeopardy.
Commissioner Krebs requested that when she signs mylars in the future, she would like the actual conditions on the mylars. Presently she has to compare what is in the file with what is on the mylars.
Commissioner Krebs noted regarding the Misty Meadow issue, since it dates back to 1998, she is not comfortable signing these mylars without Commission approval.
Mr. Giner stated by doing this in an open meeting with a motion voted upon by the full Commission, the record will be complete and show why the mylars were signed four years after approval of the application.
Mr. Giner recommended a resolution authorizing the Secretary to sign the mylars for PH#1947. This is for the sole purpose of providing a record for deeds to be drawn up for acceptance of town roads.
Commissioner Egan stated the Commission is being asked to approve something that they were not involved in. There are references to all kinds of plans and deeds and he has no idea what is correct and what is incorrect. He would feel just as uncomfortable voting to approve these mylars as Commissioner Krebs was uncomfortable in signing them. Commissioner Egan would like someone to come forward and explain the documents to the Commission. He noted there have been significant changes in the plans because of the wetlands and detention basin located behind the police station. He stated at this time the Commission does not know if the plans reflect those changes.
Mr. Giner stated he will bring in the mylars at the next meeting along with the file that was approved. Commissioner Krebs requested that Assistant Town Attorney Mark Cerrato also be present. Commissioner Egan stated the Commission needs the mylars and the minutes showing approval.
c. Applications to be accepted by Enfield Planning and Zoning Commission June 6, 2002:
PH#2313 - Application for Special Use Permit/Site Plan Review for Shaker Recreation Area, Phase II athletic field improvements, to include: three new soccer fields, new gravel parking area, new nature trails (including boardwalks), at site of existing Shaker Soccer Field Recreation Area, zoned I-1, Map 99, Lot 13, Town of Enfield, Applicant/Owner.
Scheduling of this hearing was tabled until authorization to conduct this hearing is received.
PH#2314 - Application for resubdivision of 4.12 acre parcel off the 18.76 acre lot at Mullen Road, zoned I-1, Map 16, Lot 3, Glassworks Ltd., Applicant/Owner.
A public hearing will be scheduled for July 11, 2002.
PH#2316/FLD #014 - Application for a Special Use Permit at 170 Elm Street to install 4 light poles at the little league ballpark that is located at Asnuntuck Community College at 170 Elm Street, zoned R-44, Map 57, Lot 315, Town of Enfield and Thompsonville Little League, Applicants/Town of Enfield, Owner.
Scheduling of this hearing was tabled until authorization to conduct this hearing is received.
PH#2317 - Application for a Special Use Permit to convert the existing third floor of a two-family to a third apartment at 18-20 Grant Avenue, zoned R-33, Map 22, Lot 37, Leeann Bergeron, Applicant/Owner.
A public hearing will be scheduled for July 25, 2002.
PH#2319 - Application for a 24-lot open space subdivision on property off Bridge Lane and Riverview Street (Meetinghouse Lane), zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc., Applicant/Margaret Pappas, Owner.
A public hearing will be scheduled for July 25, 2002.
PH#2320 - Application for a rear lot in an open space subdivision on property off Bridge Lane and Riverview Street (Meetinghouse Lane), zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc., Applicant/Margaret Pappas, Owner.
A public hearing will be scheduled for July 25, 2002.
PH#2321 - Application for a rear lot in an open space subdivision on property off Bridge Lane and Riverview Street (Meetinghouse Lane), zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc., Applicant/Margaret Pappas, owner.
A public hearing will be scheduled for July 25, 2002.
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 to be called Shaker Heights, zoned R-44, Map 111, Lot #234, H.I.O. Trust, Inc. Trustee, Applicant/John and Mary Leveille, John Shlatz, Cybulski Estate, Owners.
A public hearing will be scheduled for a Special Meeting to be held by the Commission on August 22, 2002.
PH#2323 - Application for subdivision of 7 frontage lots and remaining land zoned R-44, Map 111, Lot #234, H.I.O. Trust, Inc. Trustee, Applicant/John and Mary Leveille, John Shlatz, Cybulski Estate, Owners.
A public hearing will be scheduled for August 22, 2002.
SPR#1173 - Application for construction of a 12,000 square foot industrial building and associated drainage and utilities, Lot 17, Mullen Road, zoned I-1, Map 16, Lot 3, DLA Enterprises, Applicant/Glassworks, Owner.
SPR#1174 - Application for modification of conditions imposed on previous special use permits to allow a martial arts studio as well as an application for a sign at 9 North Main Street, zoned TV, Map 24, Lot 59, Myron Levy, Applicant/Francis Padrevita, Owner.
Following a recommendation from Mr. Giner, it was the consensus of the Commission to begin the July 11, 2002 meeting at 6:30 p.m. for a Hazardville Study work session with refreshments. A Special Meeting of the Commission was also scheduled for August 22, 2002.
ADJOURNMENT
Commissioner Krebs made a motion, seconded by Commissioner Hickey, to adjourn. Following a unanimous vote, the Commission adjourned at 10:10 p.m.
Respectfully submitted,
_______________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
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Last Modified: 11/5/2004 4:10:00 AM
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