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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
FEBRUARY 7, 2002
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, February 7, 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
Charles Duren
Karen Krebs
Robert Egan
Nicles Lefakis
James Hickey, Jr.
Karen Wezeliza, Alternate
Jeffrey Cooper, Alternate
ABSENT: Anthony DiPace
Joseph Jednak, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
Chairman Howard designated Karen Weseliza as the Voting Alternate for this evening.
MINUTES
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the Minutes of December 20, 2001. The Minutes were approved by a 6 - 0 - 1 vote. Commissioner Egan abstained.
Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of January 17, 2002. Two corrections were made to these Minutes. The first was on page sixteen, first paragraph. It should read: Commissioner DiPace made a motion, seconded by Commissioner Lefakis,…" The second correction was on page 11, second to the last paragraph. "Chairman Duren" should be changed to "Vice Chairman Duren." The Minutes, as amended, were approved by a 7 - 0 - 0 vote.
STAFF COMMENTS
Town Attorney
Assistant Town Attorney Maria Stavropolous noted the Commission received a written report dated January 28, 2002 for February. The only change since the report was sent out is on the second item. They received notice from the Court that the trial date will be in April for this case.
b. Zoning Enforcement Officer
Zoning Enforcement Officer Wayne Bickley noted the Commission received written reports for both December and January. He responded to Commission concerns.
Chairman Howard stated over near Casual Corner the trailer trucks are appearing again in the northern part of the parking lot near the building. There are two presently but there were up to four in the front and these should be parked in the back yard where they cannot be seen.
Chairman Howard also noted there are still vehicles marked "for sale" in the parking lot belonging to Porcello's. Mr. Bickley stated they have been cited and the "for sale" signs were removed.
Commissioner Duren stated that at U-Save Auto Rentals they are still parking in the dirt off the amesite. Mr. Bickley stated that was turned over to the Town Attorney's Office.
Commissioner Duren stated at the former Arco Station next to Taylor Rental, there are unregistered cars up against the building again. They were previously issued an order. Mr. Bickley will review this site.
Commissioner Duren stated regarding signs, the Bradlees and RX Drug Store signs have not been removed. Also, on Alden Avenue, at the auto parts store, Triple A Auto, the sign is still up.
Commissioner Egan asked about home occupations and if there is a list of the approved home occupations. Mr. Bickley stated he has a list begun in 1994 that is current through last year. Commissioner Egan asked that the Commission members be sent a copy of this list in their next meeting packet.
Director of Planning and Community Development
Following some explanation by Mr. Giner regarding the blue trim color for Lia Hyundai, Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the blue color as shown for the trim for the Lia Hyundai site on Palomba Drive recently approved. The motion was approved by a 7 - 0 - 0 vote.
Mr. Giner stated the Commission had requested they be provided with a list of items from the Plan of Conservation and Development and their goals. He asked if the Commission would want an update on those items over which they have control. He noted a lot of these items fall under the purview of other boards and it may be a good idea when meeting with these boards for the Commission to get an update from them with respect to those goals. One of the top goals the Commission had mentioned was to begin a village study of the Hazardville area. Mr. Giner noted he sent to the Commission the scope of services from Planemetrics and he had asked Bruce Hoben and their landscape architect to meet with the Commission in the near future regarding Hazardville. Mr. Giner stated a lot of the preliminary work in the scope of services for Hazardville has been done as part of the Hazardville street scape design. He added that the Enfield Revitalization Committee has a Hazardville subcommittee and they may be a good advisory board. The consensus of the Commission was to invite this subcommittee to any meeting with Mr. Hoben. A meeting was tentatively scheduled with Bruce Hoben from Planemetrics regarding Hazardville for Thursday, February 28, 2002, at 7:00 p.m. Regarding the time schedule, Mr. Giner stated the are hoping to get everything done and hold a hearing regarding the regulations prior to the August recess.
Discussion on the Commission's goals was tabled until later in tonight's meeting if time is available.
Commissioner Duren asked when the printed copies of the new ordinance would be available. Mr. Giner reported there are limited copies of the ordinance available. Copies should be available for the Commission by early next week. There are copies in the Town Clerk's Office and the new version of the Enfield Zoning Ordinance is available on the internet. Mr. Giner noted that all applications submitted prior to the effective date of the new regulations will still be heard under the old regulations. Mr. Giner stated the Commission will also receive updated copies of the Enfield Subdivision Regulations. Commission members requested loose-leaf copies of the ordinances.
Mr. Giner discussed the Town's trial participation in the virtual town hall on the internet. Residents will be able to sign up for a mailing list eliminating postage costs for the Town.
Mr. Giner stated there is a conference in Hartford a week from tomorrow during the day regarding legal issues and hot topics of land use law. He asked that Commission members contact him in the next few days if they would like to attend.
Mr. Giner reminded the Commission of the March 21, 2002 evening meeting of the Connecticut Federation of Planning and Zoning Commissions. The Commission usually attends this meeting in lieu of its regularly scheduled second meeting in March. He asked that Commission members contact him regarding their attendance.
CORRESPONDENCE
Chairman Howard stated he will put the Correspondence received at the end of the counter for Commissioners to review prior to the meeting or during the recess.
COMMISSIONERS' CORRESPONDENCE
Chairman Howard noted in tonight's meeting packet was a ruling regarding his vote on the Head Start application. It was turned down and the opinion was that Roberts' Rules have the final say on Commission actions.
Chairman Howard stated in November Commissioner Duren was appointed to the Enfield High School Building Committee. Commissioner Duren was not present at the time of that appointment and he had some concern as to whether Commissioners can be members of such committees. Commissioner Duren stated it was his understanding it was previously decided that Commission members should not be members of such committees. While it is a building committee, if they came back for an addition or related item, he would not be able to vote on the application. Chairman Howard asked that Mr. Giner look into this and give the Commission guidance regarding if Commissioners should or should not attend such committee meetings. Mr. Giner stated he will discuss this with the Town Attorney.
Regarding the Minutes of Commission meetings, Chairman Howard requested that when changes are made to the Minutes, that Commission members receive copies of the corrected pages for their information.
Commissioner Krebs asked about nail salons, the neon lights associated with them and how those get approved. Commissioner Duren stated they are interior inside on the glass and are not considered signs. Mr. Giner stated they are not considered signs under the old regulations. The Commission may want to think about a change in this area. Some towns say you can only cover twenty-five percent of the area. Mr. Giner stated there may be things that have been missed with the regulation update. He suggested that could be something staff could look at - how to regulate window signs. Following further discussion, Mr. Giner stated the Commission has to make a policy decision. There is an application being accepted tonight to replace the canopies at three Mobil stations with not only a Mobil sign but also a lit band the size of the canopy and internally lit. Mr. Giner stated his initial feeling is this is a sign and the Zoning Enforcement Officer agreed. Mr. Giner stated he feels it is defined enough under the town's regulations but he is looking for guidance from the Commission as to whether the entire area would be a sign.
Mr. Giner stated another issue pointed out to him by Mr. Alsbaugh was there is currently a sign on one side of the canopy but not on the other side. The way signs are defined, they are only allowed on buildings. He questioned if the canopy would be considered a building. Mr. Giner stated there may be a need to change the regulations in this area. He will also look into the neon signs. Mr. Giner has directed Mr. Bickley to enforce flashing signs which are prohibited.
Chairman Howard saw a need for easels to be available in the Town Hall Council Chambers to display maps and site plans and aid visibility for both the public and the Commission.
PUBLIC HEARINGS
PH #2289 Application for a Special Use Permit to allow a drive-through window and related site work for a new restaurant in an existing vacant restaurant building located at 103 Elm Street (formerly known as Bruegger's Bagels), Assessors Map 43, Lot 4, Thomas Livingstone, applicant, Alaimo Family LLC, owner. (May be kept open until March 7)
The applicant's architect, Bill Cotter, appeared before the Commission representing Thomas Livingstone. He is requesting a special use permit to allow him to alter an existing Bruegger's Bagels and convert it into an Arby's Restaurant. Mr. Cotter noted the existing Bruegger's Bagels did not have a drive through. The existing restaurant has the entrance on the left and the exit on the right hand side with one-way traffic around the building. With the addition of the drive-through window, there is a need to reverse the traffic flow. They propose a change to the entrance from the left hand side to the right hand side with traffic coming around the front side of it and having the drive-through lane on the easterly side. They would remove part of the landscaping area to add the walk-in cooler and freezer and a call box. As traffic comes around the building, they would come to a drive-through window and it would allow stacking for ten cars. This is the purpose of adding the proposed island with landscaping coming around. It would direct people straight through so they are not going right into the drive-through and around the building.
Mr. Cotter stated there is an existing cooler and freezer enclosure on one side of the building with a concrete slab and dumpster enclosure. They would be knocking that down, stripping the concrete back to the building and relocating the walk-in cooler to the other side. They have met with the Fire Marshal and these changes would allow them to get fire truck access around the southwestern corner.
Mr. Cotter stated the existing utilities are going to stay the same. The electrical and gas service is adequate. The sanitary sewer discharges out to the front of the building. They propose to add a grease interceptor manhole in front of the building. Mr. Cotter is currently working with Dan Parisi regarding the elevations. They had some initial problems in this area because the town did not have sufficient information to size this grease interceptor. Mr. Cotter stated it is sized properly at 1,000 gallons and he will provide the necessary information to Water Pollution Control.
Regarding drainage, Mr. Cotter stated the site drains from north to south. There is an existing catch basin in the front area. They are removing some planting areas in the back portion and adding new plantings. The calculations are on the drawings regarding impervious surfaces. They will be increasing the planting area by 400 to 500 square feet and washing out the impervious surface.
Mr. Cotter stated the existing facility has an overhang around the entire building. They are proposing to remove the overhang around the building and all the decorative lights and to resurface the top portion of it with drive-it. He presented samples of the material. The top portion would be a drive-it in a banner type red with a white band at the upper and lower portions of the upper mansard. They will install canopies in the area of the existing canopies. These canopies will be aluminum 1 x 1 tubes and the fabric, a vinyl translucent fabric, is on the sample sheet. There is a lense below the canopy which provides a lit area where the walking surfaces are. There are also decorative lights on the corners which are two sixty-watt lamps which are primarily decorative. They plan to keep the brick on the portions of the building that they are not interfering with but they will take the piers down on the corners. Mr. Cotter presented a photo of an Arby's store located in the south.
Commissioner Duren asked if the red in between the bricks and around the doors is the same red color. Mr. Cotter stated yes. The window frames will all be painted the Arby red and will match the awnings and the red band on the top. On the front of the building, the windows have a different arrangement. They are trying to incorporate a glass store front in the front of the building and will be reworking the windows on either side to take them right down to the floor. All of these will be new window frames and there will be a new facade. On the portions where the brick is to remain, they are proposing to paint it the same color as the drive-it. The coolers have been relocated to the northern portion of the site and they will be wrapped with the drive-it material.
Mr. Cotter presented a drawing of the west elevation showing the drive-through window and the location of the bollards.
Commissioner Cooper felt there may be some traffic flow problems because if you are using the drive-through, traffic will be looping around the building almost twice. During peak hours, this could cause some problems. Mr. Cotter stated the purpose for that is to allow for proper stacking. If they did remove the island and let the traffic come straight in, there will be the same problem as other restaurants in that strip have. Traffic will back right out into the access easement for the shopping center. Mr. Cooper asked about customers coming out the front door that are not using the drive through. Mr. Cotter stated that is why the drive-through lane is located away from the building. It allows people to come out of the restaurant and not be in the traffic path.
Commissioner Egan asked about the comments from Water Pollution Control. The applicant has mentioned a 1,000 gallon grease trap but there were some other suggestions included. Mr. Cotter stated they are looking for the pipe size and invert elevations. They did not have updated records for that side of the road. The sewer is located on the south side of the road and it showed the laterals coming from the street but it did not show what the elevations were. Mr. Livingstone has an agreement with the owner of the building right now that he will lease the building upon obtaining their approval. This will take some exploratory work. They just found plans from when Bruegger's Bagels went in and they improved the sanitary line there. Neither Dan Parisi nor Mr. Cotter believe there is a problem. There is adequate depth and it is a matter of getting the exact notes and elevations on the plans.
Commissioner Egan stated there was some reference to a sink hole in the southeast corner. They said there was supposed to be some reference in the plans as to how this will be dealt with. Mr. Cotter stated he just found out about the sink hole and the plans presently do not contain a reference regarding it.
Thomas Livingstone stated he has discussed the sink hole with town staff. It was his understanding a tractor trailer truck backed into it and made a little indentation on the curbing in the area of four to five inches deep by a foot. That will be taken care of by these plans. Mr. Cotter said it is a matter of cutting out the paving, installing a new sub base, compacting it and repaving the area. Commissioner Egan noted drainage is a problem in this area. Mr. Cotter stated that will be looked at as well.
Commissioner Duren stated this property originally housed an Augie and Ray's before it was Bruegger's. It was also a Papa Gino's after that.
Mr. Giner stated the concern the Town Engineer had is included in the proposed conditions of approval. Condition number seven addresses the sink hole and how it will be handled. Mr. Giner also noted the plans received on February 5 have some of the notes required by the WPC.
Chairman Howard opened this hearing to the audience. No one spoke in favor or against this application.
Mr. Giner stated the Commission has written comments from the Fire Marshal. The only concern was that street numbers are added on the facade and this would need to be added to the conditions of approval. The Engineering comments are addressed in the proposed conditions.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2289, application for a Special Use Permit to allow a drive-through window and related site work for a new restaurant in an existing vacant restaurant building located at 103 Elm Street (formerly known as Bruegger's Bagels), Assessor's Map 443, Lot 4, Thomas Livingstone, Applicant, Alaimo Family LLC, Owner. This application is subject to compliance with the referenced plans and the following conditions:
Conditions to be met prior to signing of mylars:
All mylars submitted for signature shall require the seal and live signature of the appropriate professionals(s) responsible for the preparation of the plans.
The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
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.
A detail for sidewalk repairs should be added to the plan for the work at proposed drive-through lane.
The detail for the dumpster pad should be revised to call for an 8" depth concrete slab.
The Engineering standard town notes should be added to the plans.
There is still evidence of a sink hole next to the catch basin at the southeast corner of the parking lot. The sink hole next to the catch basin should be treated, as noted on the plans.
Conditions to be met prior to the issuance of permits:
Two sets of final mylars, with any required revisions incorporated on the sheets, shall be submitted for signature to the Commission. One set of signed mylars shall be filed with the Town Clerk and one set shall be retained by the Planning Department.
Final approvals shall be obtained from all relevant Town agencies, including, but not necessarily limited to, WPC, North Central District Health and Fire Marshal.
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.
A separate Erosion and Sediment Control bond, if deemed necessary by the Engineering Division, shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
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 Zoning Certificate of Compliance:
Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
No certificates of compliance shall be issued until the Enfield Water Pollution Control Authority has inspected and approved the sewer connection for the project.
The cracks in the parking area should be crack sealed.
General Conditions:
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.
Special Use Permits are valid for a period of twelve months from the effective date of approval. Failure to secure a building permit within twelve months of the effective date of approval shall render the Special Use Permit null and void. The Commission may grant an extension upon receipt of a written request from the applicant in accordance with Section 16-13 of the Zoning Regulations.
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.
There shall be compliance with the street numbers as requested by the Fire Marshal.
The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
Chairman Howard requested that the presentations in the future come from a corner of the room and that some easels be obtained so that both the Commission and the audience can see the proposed plans and maps.
PH #2283 - Application for a conversion from a two-family to a 3-family residence with a loft at 1657 King Street, Zoned R-33, Assessors Map 16, Lot 50, Christine Clark, applicant/owner. (May be kept open until March 7
Mr. Giner requested that this public hearing be kept open and tabled until the next meeting because the sign was not posted within the ten-day period. Also, he has met with the applicant. There is no record in the Assessor's Office of the third unit but the applicant is trying to obtain old records to show that the unit has existed for a number of years. This is a case where they want certification for mortgage purposes. In response to a question from Chairman Howard, Mr. Giner stated if this is resolved and the hearing proves to be unnecessary, the applicant can request a refund from this Commission.
Chairman Howard opened this hearing to the public. No one spoke in favor or against this application.
Commissioner Egan made a motion, seconded by Commissioner Krebs, to continue PH#2283 until the February 21, 2002 meeting. The motion was approved by a 7 - 0 -0 vote with Alternate Weseliza voting.
PH#2293 - Application for a Special Permit under Section 4-3 (change in nonconforming use) to allow an automobile sales display use with related site work on property zoned BL, located at 513 Enfield Street, Assessor's Map 33, Lot 257, Artioli Dodge, Applicant/Owner. (May be kept open until March 7.)
Attorney Thomas Tyler, 92 High Street, appeared before the Commission regarding this application. Also present was Dana Steele from J. R. Russo Engineering.
Attorney Tyler stated they were first before the Commission in October. He noted both Mr. Artioli and his son are present in the audience this evening. They operate a car dealership now going into the third generation and have been outstanding members of the community for decades.
Attorney Tyler presented background regarding this application for the benefit of the new Commission members. On October 4, 2001, Attorney Tyler appeared before this Commission on a preliminary basis to present a conceptual plan for the existing Artioli auto dealership to show two parcels north of it on Route 5/Enfield Street that Mr. Artioli was considering acquiring to expand his dealership. The subject properties are the old Keller Oil parcel and a parcel with a dilapidated building on it. The Artioli Dodge Dealership has now purchased these two parcels. On the opposite side of the parcels is the Serv-U parcel which was the object of a recent editorial in the Hartford Courant. Attorney Tyler elaborated on this editorial which criticized the use of this facility for the upcoming Chamber of Commerce home show.
Attorney Tyler stated they talked to the Traffic Safety Officer, Lieutenant Boula, prior to their October 4 appearance. Attorney Tyler showed him the area and his suggestion was that he wanted Mr. Artioli to consider giving up three curb cuts on Enfield Street. After discussing it with Mr. Artioli, he said he would do so because it would enhance safety in the area. It will improve the site line visibility and if the Town cooperates with Mr. Artioli expanding his business, it would present an opportunity to help get rid of some eyesores and make a less nonconforming use more conforming.
Attorney Tyler stated they showed the concept and in general the Commission was in favor of the expansion. Subsequent to that, they have gone through extensive engineering costs, met with the Administrative Review Team and Mr. Giner has been very helpful in terms of expediting the plans. Attorney Tyler corrected one item from the ART Minutes. Under Police, there was an implication that Lieutenant Boula was not that thrilled with the sight lines. Attorney Tyler contacted Lieutenant Boula and asked him about that and he issued a second memo. Attorney Tyler distributed this memo to the Commission. Attorney Tyler stated Lieutenant Boula was happy with closing two driveways and moving the parking back to ten feet. Attorney Tyler corrected that it is three driveways that will be closed and the parking is being moved back to fifteen feet. Attorney Tyler stated it was his feeling this plan will boost business in Enfield and shows what can be accomplished when government and private business cooperate.
Commissioner Krebs asked if the Commission will be combining PH#2293 and PH#2294. It was the consensus of the Commission to do one public hearing and then do the second hearing referencing the same information into the record. The applicant was in agreement with proceeding in this manner.
Dana Steele, an Engineer with J. R. Russo and Associates, 1 Shoham Road, East Windsor, Connecticut, spoke to the Commission regarding the proposed plans. He stated Artioli Dodge is a car dealership located along Route 5 on the east side of the street. The parcels that these applications cover are two separate parcels and that is the reason for the two applications. They are referred to as Parcel A and Parcel B. Parcel A is the parcel immediately adjacent and to the north of Artioli Dodge. Parcel B is across Freemont Road and also on the corner. Parcel B was formerly the location of a gas station including a canopy and some small structures. Parcel A was the location of a residential structure that was converted to a business use. The buildings have since been removed on both parcels.
Mr. Steele stated Parcel A is approximately one-third of an acre in size and the address is 515 Enfield Street. Parcel B is a little less than one-half an acre in size and the address is 513 Enfield Street. Both parcels, including Artioli Dodge and the surrounding area, are in the BL zone.
Mr. Steele stated they met with the town staff and have had two ART meetings.
Chairman Howard stated one of the legal notices has an incorrect address of 525 Enfield Street. Mr. Steele stated 525 is the address of Artioli Dodge. Following some discussion, it was the consensus of the Commission to proceed with PH#2293 tonight but to readvertise PH #2294 with the correct address of 515 Enfield Street. PH#2294 would then be heard at the next meeting.
Attorney Tyler stated for the purposes of this evening, Mr. Steele is still going to talk about both parcels in order to show some continuity. Chairman Howard asked if the applicant would like to have both hearings at the next meeting. The response from Attorney Tyler was that they would like to keep the process moving tonight.
Mr. Steele stated they have had some ART meetings regarding 513 Enfield Street. It was determined by the town staff that this application would come under a special use permit under Section 4.3 for changing a nonconforming use to another nonconforming use. That section identifies two issues where the Commission is permitted to approve this type of special use permit. First, that the new use or structure is more nearly conforming to the ordinance than the previous use or structure. Secondly, that the use or structure is compatible with the abutting uses.
Mr. Steele described Sheet 1 of the plans. There are a number of issues for both of these sites where there are nonconformities. The first one is impervious coverage. The regulations for the BL zone allow a 60 percent impervious coverage. Lot A currently has an impervious coverage of 75.6%. Lot B, the subject of tonight's public hearing, has an existing impervious coverage of 90.9%. The Commission will see under this application what they have done to make that more conforming.
Mr. Steele stated regarding lot area, both of these lots are less than the minimum lot area of 30,000 square feet. Lot B, the subject of tonight's hearing, has a lot area of approximately 19,000 square feet. Lot A has an area of less than 16,000 square feet. These requirements relate to Section 11.8 of the regulations.
Mr. Steele stated at the time that their survey was completed, the structures on these lots were still on the site. He noted the locations of the concrete pads and canopy. There was a small structure under the canopy and on Parcel A, there was a residential home. These structures were nonconforming in regard to setback requirements.
Mr. Steele stated these sites were nonconforming in regard to Section 13-6.6 for access to the sites. The regulations require that accesses be no wider than forty feet for two-way traffic. As was mentioned, there are three accesses to these two sites, two for Parcel B and one for Parcel A. Those accesses do meet the regulation in terms of width. However, along Freemont Road, there is an existing situation where the entire parcel all the way to the corner and even beyond is one continuous curb cut. The parcel to the north, Parcel B, also has a large curb cut. There is an island up to a point but there is a distance of over forty feet and it is nonconforming in regard to that regulation.
Mr. Steele showed a plan of the site as they propose it. Regarding some of the nonconformities, they will demonstrate that this proposal is more nearly conforming to the regulations than the previous uses. In regard to impervious coverage, for Parcel A, the impervious coverage is reduced from 75.6% to 75% or just a slight reduction. Parcel B, the subject of this hearing, is reduced from 90.9% to 77.1%. There is a ten-foot buffer around the properties and a 35' buffer along the back side of the property. Because of the changes, they feel this site in regard to impervious coverage is more conforming.
Commissioner Weseliza asked if the proposed curb cut would now be 25' wide. Mr. Steele confirmed this to be the case.
Regarding lot area, Mr. Steele stated Parcel A is going to be combined with the existing Artioli Dodge property to the south and there will no longer be a nonconforming lot area problem.
Mr. Steele stated the buildings on the two parcels have been removed by the applicant.
Regarding curb cut access, Mr. Steele stated they now have a conforming curb cut for both of the parcels. Also, the three curb cuts along Enfield Street, two for Parcel B and one for Parcel A, have been eliminated. This is a safety issue and something the State DOT will look favorably upon in addition to the Town's Traffic Safety Officer.
Mr. Steele stated they did have some comments from town staff that they feel they have addressed. He spoke to John Cabbibo earlier this week and he had some minor comments which included the addition of notes to the plans. They are willing to do this.
Commissioner Duren asked if the fence that borders the ServU lot is Artioli's or ServU's. Mr. Steele stated the fence has portions on ServU's property and portions on Artioli's property. He would say the fence in all likelihood belongs to the applicant. Commissioner Duren stated it is in deteriorating condition and should be replaced. Attorney Tyler stated they would have no problem with the removal of this fence if it is theirs. He is unsure if it is at this time. If ServU indicates to them that they do not care or it is Mr. Artioli's fence, they will remove it. Attorney Tyler will pursue this.
Commissioner Duren asked if Mr. Artioli is proposing any fences to protect his vehicles. Mr. Steele stated no fences have been proposed and the applicant has informed him they do not intend to install any fences.
Chairman Howard asked about the notes the applicant intends to put on the plans and the correct procedure if there is a vote this evening. Mr. Giner stated the Commission can vote on this application tonight or vote on both applications at the next meeting. The notes that should be on the plans are incorporated into the proposed conditions of approval as condition #5. The Town Engineer will then review the mylars or a paper copy of the plans to make sure those notes are included.
Commissioner Egan asked about the drainage. There is a reference that the time of concentration will be increased to five minutes regarding the calculations. Commissioner Egan added it also states in most cases it would be significantly less than that or two to three minutes. He felt it looks like the applicant is putting in a conservative number. Mr. Steele stated the standard engineering practice for rational method calculations is a minimum of five minutes. That is a standard which is in the DOT drainage manual for paved areas. For paved areas it is five minutes and for areas with significant lawn contributions, it would be ten minutes minimum. Commissioner Egan questioned why they used the five minutes when there is more impervious surface here. He stated during the winter the flow will be greater and the change if any very minimal. Regarding the engineering, Commissioner Egan stated this would go into the storm sewer and not the sanitary sewer system since the sewer system has been disconnected in this area. Mr. Steele confirmed this to be the case. Commissioner Egan asked if the Town Engineer has reviewed these drainage calculations. Mr. Giner stated he believed he has because there have been a number of ART meetings. Commissioner Duren noted receipt of comments from Jeff Bord dated January 16, 2001.
Commissioner Egan stated because the improvements are so minimal, there is additional potential with the cars that will be parked on the property. However, the concern is the flooding and the flooding of neighboring properties. Mr. Steele stated a car parked over an impervious surface is not going to increase the amount of runoff from the paved area. If anything water would adhere to the car and there would be less runoff. Regarding the calculations referring to the five-minute time of concentration, that is the least conservative number that can be used. He cannot make that number any higher. Commissioner Egan stated there is another method for this type of situation where there is more potential for flooding. Mr. Steele stated he feels the method they utilized was appropriate for this site. Typically, the rational method is intended for small watersheds which this is.
Mr. Giner stated there is no direct reference to the calculations but they were submitted with the application on January 20 and referrals were sent to the Town Engineer on January 21. An ART meeting was held after that.
Commissioner Egan requested that before any permit is issued, that this should be addressed regarding the comments from the Engineering Department. Mr. Steele stated in terms of the drainage calculations, the reason why they are showing in their calculations that there is a decrease is because they have less impervious coverage. That is a standard design approach.
Commissioner Duren asked if they would be going into the state storm water system or the town's. Mr. Steele responded the state storm water system which will require a state DOT permit because they are working within the right of way. These calculations will be submitted to the state.
Chairman Howard opened this hearing to the audience. No one spoke in favor or against this application.
Commissioner Duren stated there is a question about the sidewalks and he asked if a waiver was being requested. Mr. Giner stated during the ART the issue of sidewalks was raised. The only remaining issue, which is a policy issue of the Commission, is on the northern parcel, the one being considered tonight, there are existing sidewalks. As a matter of policy, the town staff would recommend that sidewalks be reinstalled even though there are no adjacent sidewalks. Mr. Giner stated ServU will probably be coming before the Commission in the near future for redevelopment. There are now no sidewalks in the area and the staff would like to get a good pedestrian system along this heavily traveled route. The staff recommendation would be to require sidewalks in the right of way. The northern parcel has sidewalks and the southern parcel does not. Commissioner Duren noted the drawings submitted show the sidewalks being removed. Mr. Giner stated this decision is up to the Commission.
Chairman Howard stated if a sidewalk was to be required, how far away would be the next sidewalk. Mr. Steele stated there are sidewalks on the opposite side of Enfield Street but on this side of Enfield Street, if you go to the north, there are no sidewalks all the way to the state line. Chairman Howard noted if ServU was purchased and a sidewalk required, there still would not be a sidewalk all the way to Brainard Road.
Attorney Tyler addressed the sidewalks. He viewed the area today and from Troiano's garage heading north, there is a sidewalk at the bakery. There are then no more sidewalks until just past Enfield Federal at a residence. From the bakery, going through the church there are no sidewalks. Going through the medical building area and the former Friendly's site, there are no sidewalks. There's no sidewalk until you get pretty close to the brook and there is one house there that has a sidewalk. There are no more sidewalks until you get to this parcel. Attorney Tyler noted even if someone came in for the ServU property and sidewalks were required there, they would not connect to anything. At the corner of Brainard Road, there is the fire department and going to the highway, there are no sidewalks. Attorney Tyler noted the westerly side of Route 5 has a well developed sidewalk route the entire way from here north.
Chairman Howard stated he thinks it would be nice to have a bicycle route or something going the length but he personally cannot see the sidewalk requirement in this case. Mr. Giner stated on subdivisions there is often a requirement to install sidewalks to nowhere because they anticipate a link in the future. Chairman Howard did not see the possibility of a link in this area. Further discussion followed regarding sidewalks.
Chairman Howard's opinion was the sidewalk coverage would not be fixed by forcing this applicant to install sidewalks.
Attorney Tyler stated in this particular area of Enfield Street, there is the sidewalk on the other side of the street for pedestrians. This side of the street is basically businesses that do not have sidewalks. To install a sidewalk on this site would mean a part of Artioli Dodge is not going to have a sidewalk and the other part is which leads from nowhere to nowhere. He felt in this case, common sense would dictate that there is nowhere this sidewalk would be going and it would perhaps be better to approve the plan as is without the sidewalks.
Commissioner Weseliza asked if anything in Public Hearing #2294 will impact what the Commission has heard in PH#2293. Chairman Howard stated it would not.
Chairman Howard closed Public Hearing #2293.
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve PH#2293 - application for a Special Permit under Section 4-3 (change in nonconforming use) to allow an automobile sales display use with related site work on property zoned BL located at 513 Enfield Street, Assessor's Map 33, Lot 257, Artioli Dodge, Applicant/Owner. This application is subject to compliance with the referenced plans as may be required to be modified, and the following conditions:
Conditions to be met prior to the signing of mylars:
All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
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.
The plans shall be revised to show a 1" lip along the driveway aprons along the edge of Freemont Road as requested by the Engineering Division.
Evidence of State DOT approval for the plans, as revised, shall be submitted to the Planning Department. Any major revisions required by the DOT may require reapproval of the plans by the Commission.
Conditions to be met prior to the issuance of permits or start of construction:
Two sets of final mylars, with any required revisions incorporated on the sheets, shall be submitted for signature to the Commission. One set of signed mylars shall be filed with the Town Clerk and one set shall be retained by the Planning Department.
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.
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.
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 Zoning Certificate of Compliance:
Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
General Conditions:
No uses of the property as approved herein shall occur without a Certificate of Zoning Compliance.
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.
Special Use Permits are valid for a period of twelve months from the effective date of approval. Failure to secure a building permit or begin construction within twelve months of the effective date of approval shall render the Special Use Permit null and void. The Commission may grant an extension upon receipt of a written request from the applicant in accordance with Section 16-13 of the Zoning Regulations.
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 fence on the north side, if it is owned by the applicant, shall be removed.
The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
PH#2294 - Application for a Special Permit under Section 4-3 (Change in nonconforming use) to allow an automobile sales display use with related site work on property zoned BL located at 525 Enfield Street, Assessor's Map 33, Lot 263, Artioli Dodge, Applicant/Owner. (May be kept open until March 7).
This public hearing was continued in order to readvertise the legal notice with the correct address.
Commissioner Weseliza made a motion, seconded by Commissioner Hickey, for a recess. The motion was approved unanimously and the Commission recessed at 9:20 p.m. The Commission reconvened at 9:30 p.m.
OLD BUSINESS
PH#2291 Staff initiative for an amendment to the Subdivision Regulations to provide for technical changes to the public improvements standards to include: upgrading the road way cross-section; replacing granite curbing with bituminous curbing; adopting “tear-drop” shaped cul-de-sac; revising the minimum road width for residential roads; revisions to the road repair details and notes; allowing use of state approved HDPEP (plastic pipe) along with the existing RCP (concrete pipe); removing the 1987 bonding figures for the regulations; other minor technical and typographical changes. (Town initiative: no deadline)
Mr. Giner stated the changes have been made to the regulation draft as requested by the Commission at the last meeting. He recommended this application be approved effective upon publication in the newspaper. He estimated this would be published on Tuesday, February 12, 2002.
Commissioner Duren asked how the question Commission DiPace had regarding street directions was handled. Mr. Giner stated the way that section was worded it was left up to the discretion of the 911 Coordinator. The language is on page 29 of the Subdivision Regulations.
Commissioner Duren noted the other concern was the width of streets and that was taken care of on page 17.
Chairman Howard stated the Commission heard a very detailed presentation at the last meeting. He suggested that such a detailed presentation not be part of a public hearing in the future but rather a workshop or preliminary session be held. Commissioner Egan stated there were some members of the public that thought this detailed presentation was a good idea.
Commissioner Egan made a motion, seconded by Commissioner Lefakis, to accept the amendments and changes to PH#2291, the Amendment to the Subdivision Regulations, which will become effective when published in the newspaper. The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
Review of possible amendments to Enfield Planning and Zoning Commission Bylaws. (Continued from 1/03/02)
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the Enfield Planning and Zoning Commission Bylaws as presented in a draft to the Commission dated January 1, 2002. The motion was approved by a 7 - 0 -0 vote with Alternate Weseliza voting. Chairman Howard requested that the Commission be provided with the final Bylaws document in the next meeting packet.
SPR #1167 - Application for modification of plans for florist wholesale at 294 George Washington Road, Zoned I-1, Map 64, Lot 103, Montgomery Wholesale Florist, Inc., applicant, Floral Realty Inc., owner. (Legal Deadline for Action: March 7)
Charles Blanchard, President of Montgomery Wholesale Florist, Inc., 350 Russell Street, Hadley, Massachusetts, appeared before the Commission regarding this application.
Mr. Blanchard stated at the request of the Commission he did bring some drawings that show everything they plan to put on the roof. He has added the condenser units for the refrigeration units. He submitted a drawing to the Commission.
Mr. Blanchard stated the first drawing entitled 1a. revised is the same drawing presented at the last meeting with the addition of the condenser units at the very back of the building. They had their engineer do a drawing showing the side of the building. He presented the side view with the perceived elevation from eighty feet and from 100 feet. Mr. Blanchard noted even at 100' the condenser units cannot be seen.
Chairman Howard stated he drove by this site and the rooftop units were not very noticeable to him. Commissioner Duren did the same and stated he has no problem with the rooftop units.
Mr. Giner stated he looked at it from the sidewalk and you cannot notice them from the front elevation. They are noticeable from Pearson Way but the interior buildings have rooftop mechanicals right out in the open.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1167 for a modification of plans for florist wholesale at 294 George Washington Road, zoned I-1, Map 64, Lot 103, Montgomery Wholesale Florist, Inc., Applicant, Floral Realty Inc., Owner, for the installation of rooftop mechanicals in accordance with the plans submitted. The motion was approved by a 7 - 0 -0 vote with Alternate Weseliza voting.
Bond Releases
PH#1947 - Request for release of Erosion and Sediment Bond for Phase I of Misty Meadow Subdivision.
Mr. Giner stated this was a passbook bond and there is a question as to whether the Commission can use this erosion bond to take care of some of the drainage. An opinion has been requested from the Town Attorney because some rip rap and one catch basin were not completed. Mr. Giner recommended not releasing this bond until a more detailed memo is received from the Engineering Department with the possibility of using these funds to complete the work. Mr. Giner stated Phase I was a TAR Associates bond and it is a passbook bond. The consensus of the Commission was to table this bond release until the February 21, 2002 meeting.
PH #2209 Request for release of Lego Engineering Bonds in the amounts of $26,180.00 and $559,260.00 to cover Moody Road Warehouse and road improvements.
This bond release was tabled to the February 21, 2002 meeting pending a clarification by Mr. Giner of the email memo from Engineering.--------------
PH #1962 - Request for release of Combination Bond in the amount of $8,692.82 for 3-lot subdivision on Olmstead Road.
Commissioner Lefakis made a motion, seconded by Commissioner Krebs, to release the combination bond in the amount of $8,692.82 for PH#1962. Mr. Giner reported the only outstanding item to be completed was the inspection of the landscaping. Mr. Northrup inspected the landscaping and reported it met the requirements. The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
PH #1972 - Request for release of Engineering Bond in the amount of $9,110 and Erosion & Sediment Bond in the amount of $3,120 for 5-lot subdivision on Campania/Edmond.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to release the engineering bond in the amount of $9,110 and the erosion and sediment bond in the amount of $3,120 for the five-lot subdivision on Campania/Edmond as recommended by the Engineering Department in a memo dated January 28, 2002. The motion was approved by a 7 - 0 - 0 vote.
NEW BUSINESS
SPR#1169/FLD #012 - Application for modification of plans previously approved for reconstruction of a portion of the former Bradlees space to accommodate a Barnes & Noble bookstore, reconstruct front facade and install dumpster pad in rear of store at Enfield Commons, 25 and 39-41 Hazard Avenue, Map 45 and 56, Lots 8, 1 and 2, zoned BR, Parkside Associates Limited Partnership, Applicant/Owner.
Stan Glantz, Vice President of Konover Development, Patrick Moore of Peppin Associates, and David Ziaks of F. A. Hesketh appeared before the Commission regarding this application.
Mr. Glantz stated they are before the Commission tonight to explain what they would like to do with the former Bradlees space. They have an opportunity to fill 25,000 square feet of the space to relocate Barnes and Noble and that is shown in the brown color on the plans. They will locate Barnes and Noble on the right hand side and they are working with other tenants to take the balance of the space but do not have a specific tenant at this time.
Mr. Glantz pointed out the existing facade currently has a sign and gable for the Bradlees area. The balance of the space is a horizontal synthetic drive-it panel. They are proposing to incorporate some additional green roofing which is throughout the center to help tie in this bland area. They have added a new gable in keeping with the balance of the architecture. They have maintained the canopy and sidewalk and moved some columns around to accommodate the new gable. They have also incorporated the Barnes and Noble signage and their prototype colors of white and green. This will be a brand new storefront in an area where there is presently a blank wall. Mr. Glantz felt this will be an improvement to the existing facility.
Mr. Glantz stated there are some minor site plan changes that they will be making. There are a couple of pads in the rear of the center, one to accommodate a dumpster and one to accommodate the loading area which will be flat with the pavement. There will be no changes to drainage or elevations in the rear. The materials are the same that are out there today - the synthetic stucco, the metal canopy, the masonry that will tie back in between the window panels. The columns are the same. They have modified the colors very slightly and Mr. Glantz offered samples of these colors to the Commission. It will be very similar to what is existing but will help to emphasize the Barnes and Noble sign and their entrance way.
Mr. Glantz stated they are also applying for a flood permit because they are in a flood zone. He emphasized they are not making any changes to the site that have drainage effects. They addressed the handicapped parking by creating a cut in the existing landscaped island in front of Barnes and Noble, having a cross walk go to it and designating those parking spaces closest to the store as handicapped.
Mr. Glantz discussed their schedule and stated they are on a fast track. They are seeking approval this evening if possible because they are ready to start demolition next week, obtain a building permit and begin construction approximately March 1. Completion is scheduled for the beginning of June and the store would like to open prior to the holidays. This new Barnes and Noble will accommodate music and video areas and a café. Mr. Glantz stated they have tried to expand at their current location but it is not feasible. This vacancy has provided them that opportunity.
Commissioner Duren asked if there is sign color coordination for this shopping center. Mr. Glantz stated that was also brought up to him by Roger Alsbaugh. Their recollection is the criteria that was established for the center was that the signs would always fall within the horizontal band below the gables. They would not be permitted within the gable areas. In addition, there was a strong interest of some tenants to break that horizontal line and go up within the gable area. The Commission did not allow this. Bob's was the first tenant that wanted to break that elevation and it was not allowed. The other aspect was the signage all had to meet code. However, there was no specific color designated for the entire plaza. It happened that the tenants have their particular national colors and most of them are red. Mr. Glantz stated they have such strong architecture at this site that it is almost better to have a little bit of variety and allow the tenants their national recognition. Commissioner Duren noted the plaza is so far back and the use of such colors would make the stores easier to spot from the highway.
Commissioner Duren noted the sign proposed for Barnes and Noble is a white faced sign with a green return.
Patrick Moore with the architectural firm of Peppin Associates in Bloomfield responded to the question. The paint colors will all match the existing. The reason they spelled out paint is because some of the trim which matches existing is a synthetic material and that would be painted. The column bases would be painted and the concrete to match the existing. Mr. Moore noted that anywhere there is reference to paint, it would be matching the existing colors.
Mr. Glantz stated to satisfy the flood hazard permit requirements, they have submitted an appraisal letter to Jay Northrup. He has sent a memo to Mr. Giner indicating they do not require flood proofing of the building because of the value of the improvements relative to the value of the structure. Also, at Mr. Alsbaugh's request, they have updated their sign package summary so he has a book of every sign that is out there.
Commissioner Duren asked if the dumpster pad is new. Mr. Glantz stated they will be putting in new concrete pads where there is existing asphalt. Mr. Ziaks pointed out their locations on the site drawings. Commissioner Duren stated normally they also show the concrete depth according to town standards. He suggested a condition of approval that they meet the town standards.
Commissioner Weseliza made a motion, seconded by Commissioner Hickey, to approve SPR#1169 with the following conditions:
Conditions to be met prior to signing of plans:
All plans submitted shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
Conditions to be met prior to the issuance of permits:
One set of 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.
Conditions which must be met prior to the issuance of a Certificate of Compliance:
Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
General Conditions:
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.
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.
A building permit for the construction of facilities as approved must be obtained by February 7, 2003 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.
The standard notes for the construction of the concrete pad for the dumpster required by the Town Egineer shall be added to the plans prior to signing.
The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve compliance of FLD#012 with the flood prevention standards in accordance with a memo submitted from Jay Northrup to Jose Giner dated February 7, 2002. The motion was approved by a 7 - 0 - 0 vote.
OTHER BUSINESS
8-24 Referral Request from Town Council for recommendations on proposed Family Resource Center at 110 High Street.
Mr. Giner recommended tabling this to the next meeting. He reported a subcommittee of the Town Council had a meeting on January 30, 2002 on the process. It was noticed in the paper and the Council followed the same rules the P&Z would have followed. A sign was posted. They did the added step of having the community police deliver notices to abutters and anyone that was within a certain radius. One person showed up from the neighborhood at the hearing saying they were in favor of tearing down this building. The subcommittee of the Council was concerned that there is a property fence that someone has built on the existing property. The Council people requested that Mr. Giner contact that property owner and make sure they understand what is occurring. Mr. Giner met with the property owner, Mrs. Preble, yesterday afternoon and showed her the plans. She is concerned because she has had a nice back yard for over twenty years. The fence will now be eight feet from the property line. Mr. Giner stated the Council had requested some other memos and the hearing was continued. Mr. Giner stated it is not necessary for the Commission to act this evening as the thirty-five days are not up until the next meeting.
Mr. Giner asked if the Commission would like a presentation from the Director of Family Services, Dorothy Allen, and the architect. Chairman Howard stated he would.
Commissioner Egan suggested that this Commission make a recommendation to the Town Council that they return all municipal projects back to the jurisdiction of the Enfield Planning and Zoning Commission. Commissioner Egan felt there have been concerns that the people's rights and concerns are not being addressed and this sends the wrong message to all who follow the rules and regulations. He strongly recommended this Commission recommend to the Town Council that they take a vote and return to this Commission and its jurisdiction all of the municipal projects. This would eliminate all the back and forth. Also, the Town Council has indicated that they want professionals on this Commission and they want the members trained. Commissioner Egan does not think the Town Council members have time with all they have to do to be up on the zoning regulations.
Chairman Howard applauded Commissioner Egan's remarks and stated he concurs one hundred and ten percent. Chairman Howard stated he too would like a memo to go forward to the Town Council. Chairman Howard also reported he received a call from the attorney handling the Head Start matter. Chairman Howard directed him to go forward and find out what they have to offer.
Commissioner Duren asked if there had been a response to the letter the former Chairman sent. Mr. Giner stated he did get a copy of an opinion from the Town Attorney and it was sent to Attorney Willis. It disagreed with Attorney Willis' position about picking and choosing which applications. Attorney Willis proposed that the Town Council could pick and choose which applications due to a lack of case law. The Town Attorney researched it and went back to the legislative event and Tom Byrne's testimony and found out that was not the intent. Mr. Giner will provide copies to the Commission of this memo from the Town Attorney as well as Attorney Willis' original letter. Commissioner Duren asked that the new members be provided with all the documentation regarding Head Start.
Chairman Howard repeated the request of the Commission that a memo be sent to the Town Council with the Commission's message regarding the return of municipal projects to this Commission.
Commissioner Lefakis stated Commissioner Egan has expressed his sentiments accurately. Also, in reference to the letter, he is not sure this Commission was picking and choosing but they were asking to take back the authority over all municipal projects with the exception of the Head Start project.
Commissioner Egan stated if you read the state law that the Town Council is relying upon, it does take total jurisdiction for all municipal projects. Now, they have themselves in a dilemma because they have now negated the Planning and Zoning Commission with regard to their municipal projects and if they decide to do some but not others, they now have the pick and choose problem. Commissioner Egan reiterated the Town Council should return all the projects back to the Planning and Zoning Commission.
Mr. Giner will draft a letter to the Town Council for the Chairman's signature and provide Commission members with a copy of this letter. Commissioner Duren requested that the questions the Commission had previously regarding skate board parks and other municipal improvements the Town Council has been doing without coming before this Commission be addressed. There was a memo from the Town Attorney that some projects were covered and some were not but it did not make a difference at this time because the Town Council had taken over all municipal projects.
Chairman Howard requested a presentation at the next meeting regarding the Family Resource Center.
8-24 - Referral request from the Town Council regarding State of Connecticut, Department of Transportation, project for Asnuntuck Community College & Road Improvements on Elm Street.
Commissioner Lefakis withdrew from this item. Alternates Weseliza and Cooper will be voting.
Mr. Giner stated this is technically from the Town Council but it is a state project. The State of Connecticut is planning to do some improvements to Route 220. They need some right of way in front of Asnuntuck College that the town owns to provide some highway improvements which include increased left turn lanes. Since this does involve the town selling property, it is before this Commission for approval.
Mr. Giner stated they are requesting some land from the town in order to complete their plans. The plans include eliminating the existing driveway and putting in a two-way road so that it lines up with the light at Spring Garden Road. The state has purchased the brick house that is adjacent to the college and it will be removed and the road will go through that area. Mr. Giner stated the state needs a sliver of land from the town to be able to provide the four lanes. The state is talking about widening Elm Street on the college's side to provide exclusive left and right turn lanes.
Regarding the sign, it is not part of this project but there is hope of removing the sign and installing another one.
Commissioner Hickey asked if it is customary to waive compensation on projects of this nature. Commissioner Duren stated that is up to the Town Council. Further discussion followed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to recommend approval to the Town Council of the highway agreement with the State DOT regarding disposition of town land for the project for Asnuntuck Community College and road improvements on Elm Street. The motion was approved by a 7 - 0 - 0 vote with Alternates Cooper and Weseliza voting and Commissioner Lefakis not participating.
Chairman Howard reported receipt of a letter requesting to add to the Commission's agenda at the February 21, 2002 meeting the review of the preliminary development for an active adult community to be located on Taylor Road. Mr. Giner stated the regulations require a preliminary application similar to what was just done for the Pappas Subdivision. Mr. Giner stated they will give a preliminary review of their application and request guidance from the Commission.
The Commissioner accepted the following applications and requested that they be on the agenda for the first meeting in March:
PH #2296 - Application for modification of plans previously approved for change to overhead canopy for facade change with illuminated lighted signing at Mobil Gas Station at 100 Elm Street, Map 43, Lot 15, Zoned BR, Bohler Engineering (for Mobil) applicant / Dunkin Donuts, owner.
PH #2297 - Application for modification of plans previously approved for change to overhead canopy for facade change with illuminated lighted signing at Mobil Gas Station at 1594 King Street, Map 17, Lot 2, Zoned BG, Bohler Engineering (for Mobil), applicant / Anthony Troiano & Sons, Inc., owner.
PH #2298 - Application for modification of plans previously approved for change to overhead canopy for facade change with illuminated lighted signing at Mobil Gas Station at 76 Hazard Avenue, Map 56, Lot 16, Zoned BL, Bohler Engineering (for Mobil), applicant / Mobil Oil Corp., owner.
Mr. Giner stated the Commission has accomplished the goal of updating the standards for subdivision streets. He brought up another of the Commission goals which was to meet with the Chamber of Commerce. He asked how the Commission would like to proceed with meeting this goal. A brief discussion followed and a meeting will be scheduled to meet with the Chamber of Commerce and Small Business Alliance. Chairman Howard stated he would like to do this at a Commission meeting in a public hearing format at the beginning of a meeting with a block of time scheduled and an advance agenda issued prior to the start of the meeting.
Mr. Giner suggested the Commission also meet with the different town commissions and boards regarding the goals in the Plan of Conservation and Development which have not yet been accomplished in order to solicit input. Commission members were in agreement regarding the scheduling of such a meeting sometime in April. A meeting was tentatively scheduled for April 25, 2002. Mr. Giner will send out a check list to all boards and commissions and have them identify whatever items pertain to their particular group.
Chairman Howard brought up the upcoming meeting of the Connecticut Federation of Planning and Zoning Commissions on March 21, 2002 and asked if the Zoning Board of Appeals has been invited. Mr. Giner will look into this.
ADJOURNMENT
Commissioner Krebs made a motion, seconded by Commissioner Duren, to adjourn. Following a unanimous vote, the Commission adjourned at 10:35 p.m.
Respectfully submitted,
___________________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
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