THESE MINUTES ARE PRESENTED IN DRAFT FORM AND HAVE NOT
BEEN FORMALLY APPROVED BY THE ENFIELD PLANNING AND
ZONING COMMISSION. OFFICIAL COPIES OF MINUTES, WHEN APPROVED,
CAN BE OBTAINED FROM THE TOWN CLERK OR PLANNING OFFICE.
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
March 4, 2010
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, March 4, 2010 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Charles Duren called the meeting to order at 7:00 p.m.
PRESENT: Charles Duren, Chairman
Elizabeth Ballard
Peter Falk
Charles Ladd
Nicles Lefakis
Kathleen Sarno (arrived at 7:45 p.m.)
Michael Dumont, Voting Alternate
Ronald Gregory, Alternate
ALSO PRESENT: José Giner, AICP, Director of Planning
FIRE EVACUATION ANNOUNCEMENT
Chairman Duren gave the fire evacuation announcement.
MINUTES
Commissioner Falk made a motion, seconded by Commissioner Gregory, to approve the Minutes of February 18, 2010. The Minutes were approved by a 5 – 0 – 2 vote. Commissioners Ballard and Dumont abstained.
STAFF COMMENTS
a. Town Manager’s Annual Capital Improvement Plan report for Section 8-24 Review
Chairman Duren welcomed Town Manager Matthew Coppler for his annual Capital Improvement Plan report for Section 8-24 review.
Town Manager Matthew Coppler thanked the Commission for the opportunity to go over a charter requirement in preparing the budget for the upcoming 2010-11 year for an 8-25 review of the proposed capital improvement plans for the following year. He referenced his memo dated February 26, 2010 which outlines the proposed projects recommended in the 2010-11 budget proposal.
Mr. Coppler stated this year there is not a broad spectrum of projects because of the budget issues being faced this year. He is going to try to get as many of these things into the budget as possible.
Mr. Coppler stated the town is keeping their annual commitment of putting money aside for any unknown architectural or engineering projects that may come up over the next year. This year $25,000 was committed for that purpose.
Mr. Coppler stated the town looked at renovation and code improvements to municipal facilities. $50,000 is being set aside for that.
Mr. Coppler stated he is hopefully going to be coming to the Commission some time in the next year for the actual start of a project for the rail station and this is either the last or next to the last set aside for the rail station in Thompsonville. $120,000 is being allocated for that. Mr. Coppler reported they have just recently gone out for the Phase II RFQ for engineering and design for that project. That is advancing forward and another $986,000 was received from the federal government in this last year. The project is going to be somewhere near $4.5 million.
Mr. Coppler stated money has been put aside for the annual commitment for the town road paving project which is actually part of the referendum Roads 2005. This year’s budget item is $800,000.
Mr. Coppler stated the next item is funding of roads that were not part of Roads 2005. It is the future town road fund and $339,000 has been budgeted for that item. They are currently in the engineering phase to look at what roads will be considered for that.
Mr. Coppler stated the last item is public safety vehicles replacement for a budgeted item of $313,820.
Mr. Coppler stated in the current year they have budgeted nearly $2.6 million, $3 million the year before that and up to $6 million the year before that. They are definitely not putting a lot of money aside for capital improvements this year. There are a lot of buildings that are currently being looked at for next year’s or the following year’s capital improvements that need to be done and, hopefully, these projects will be coming forward in 2011-12.
Mr. Coppler stated this year there is a gap between expenditures and revenue of about $4.5 million. The Department directors have done a tremendous job in coming in with a budget that helps with that process but they still have a long way to go.
Commissioner Falk asked about the rail station. He is not sure where we are going and what the phases are. He only brings it up because although it is a very noble cause it is public transportation and people will only use it if it is convenient and if it is affordable. He questioned who is going to use this train. Mr. Coppler stated there are a number of issues with this. The first one is because of the way federal appropriations go, we’re not really talking about trains right now. We’re talking about buses. As part of the preliminary engineering study that was done, they started looking at the mobility of residents in and around the Thompsonville area. The consulting engineering firm found that there is a deficiency in public transportation for those individuals that live in the Thompsonville area and surrounding areas. There is a Department of Transportation bus that goes around between here, Windsor Locks and Hartford. That goes to the plaza by Bob’s.
Mr. Coppler noted between that stop and Thompsonville, there isn’t a convenient way to get people back and forth. What they found after a long study that was required by the Federal Transportation Study was that there is a deficiency there and that a place to have a transit facility in Thompsonville would help address that. Now, when they talked to the State of Connecticut, they talked about trains. If people catch a commuter train in Enfield, where do they go? They go to Hartford. There is public transportation in Hartford from where the stops would be. There are a number of rail stations being planned that aren’t in existence right now that ultimately would go from here down to New Haven where you can then board the Metro North line to New York City. Going back from there, somebody wanting to hop a train to Enfield – there is a deficiency. What they are trying to do under the early phases of the transportation is make a connection between the transit center in Thompsonville and the mall area. There has been some discussions in the past, although the state funding has not been there, to look at some type of circuit based system for transportation in Enfield that would probably go to the main employers within town and the shopping areas. It is something that has been identified as part of the study with the state as well as the Greater Hartford Transit District to try to identify ways to achieve that mobility within the Town of Enfield.
Commissioner Falk stated it is a transit station and not a train station.
Mr. Coppler stated that is correct. All the funding being received from the federal government is bus money from the capital improvement fund. What the state is looking at in that area is all commuter rail. Mr. Coppler stated this is not high speed rail which is a little different from the commuter rail that they are talking about.
Commissioner Ballard asked where are the Town Farm Road project and South Maple Street included. Mr. Coppler stated both projects have received all their local funding as part of the budget process from the past. They have just recently bid out the Town Farm Road/Post Office Road project. The award is going to be happening any day now and they will begin construction on that project April 1 of this year. What they are being told by the State of Connecticut is that the local match will not be necessary and the project is going to be 100% funded by federal and state monies. That project will start April 1 and it will be an eighteen month construction process.
Mr. Coppler stated regarding the South Maple Street bridge, the final design engineering bid package is supposed to be submitted to DOT on Monday. They are looking to get that bid out sometime in the mid part of April. Hopefully the contract will be laid out sometime in mid to late May and they can start construction sometime after July 1.
Commissioner Ballard stated she hasn’t seen the plans for the bridge and she asked if it is going to be a two-way bridge. Mr. Coppler stated it will be a two-lane bridge and the Commission will be seeing the plans very soon. They are going to be filing their application with Inland Wetlands and once it goes through that process, they will be coming in for a presentation to this Commission.
Mr. Coppler stated there was a lot of discussion of what that bridge looks like. Because of the reduction in the weight, they truncated the design on that to get it out so that they can get it done. Hopefully, by January of 2011 that bridge will be reopened.
Commissioner Ladd stated tonight the Commission is going to have some discussion about closing the unpaved part of Barrett Road. He asked what is the advantage to the town of doing that. Mr. Coppler stated at the present time the town has no plans for the continuation or development of Barrett Road between where the pavement ends and all the way to South Road. There’s been a development proposal that they would like to acquire a portion of that property that would be left after the road is abandoned. That is what brought this forward to the Town Council. The Council has not really taken up the issue in terms of what they want to do but they have forwarded it to the Planning and Zoning Commission as an 8-24 to get an opinion from the Commission. The Council has been provided with a memo and if they decide to abandon it, it would be sold at public auction. The plans for the South Road development are still before Inland Wetlands.
Mr. Giner stated he understood that someone would be here this evening if there are any questions from the Commission.
Mr. Coppler stated one of the issues that has been talked about is the residents at the end of Barrett Road would not appreciate that road connecting to South Road because it could become a very busy connector road. One of the thoughts is this would end the possibility of that road connecting to South Road and increasing traffic through that neighborhood. At the same time, one of the issues the Commission is probably going to be taking up is looking at the ability for ingress and egress and the safety of vehicles to different points. Mr. Coppler thinks the developer is going to be presenting something to the Commission that would achieve that but not create a lot of traffic flow in the neighborhood that doesn’t have a lot of traffic right now.
Chairman Duren stated he had heard about the development watching the Inland Wetlands and the Council meeting the other night but the Commission has not seen it yet. He had no knowledge of the effect it would have on the plans.
Commissioner Ladd stated it seems kind of illogical with the traffic light already there. It would seem an ideal access to get on South Road as the traffic increases on South Road. Commissioner Falk stated all the traffic would end up on Barrett Road and that would be a disaster.
Mr. Coppler stated that road itself is not designed for a lot of traffic to begin with. He thinks there are a number of things that the Commission will be looking at to make sure there is a logical sense to have a development and to make sure that you don’t have any offset intersections which tend to be safety issues. The Commission will have a lot of things to review as part of that whole process.
Chairman Duren asked if the Council plans to do anything about Barrett Road until this Commission acts or sees the plans. Mr. Coppler stated this process is not going to be a quick one. Once the Commission decides, it will go back to Council. Council will start to debate on what they are going to do with it once they receive the opinion from this Commission. Mr. Coppler stated he doesn’t see this happening in one meeting. It could be two or three meetings before they ultimately do anything. The public hearing would have to be held by Council and there’s a process. The developer and his representatives recognize that there’s going to be a time frame they are going to have to go through with the legislative process before it can get to a conclusion.
Commissioner Ladd stated his only concern was how it would actually benefit the town itself and not necessarily the developers. Mr. Coppler stated as it stands now, he is not able to speak for the Town Council because they haven’t taken this up. The biggest benefit is if it does help promote good development and that is something the Commission will be looking at. The Commission has a long road ahead of them and Council has a long road as well. There could be benefits if a good development comes out of it.
Commissioner Falk made a motion, seconded by Commissioner Ballard, to approve the Capital Improvement Plan projects as presented by the Town Manager for the 2010-2011 budget. The motion was approved by a 7 – 0 – 0 vote with Alternates Dumont and Gregory voting.
b. Town Attorney (in writing)
c. Zoning Enforcement Officer (in writing)
Chairman Duren stated it looks like there were a lot of holes present while the Zoning Enforcement officer was absent. Mr. Giner responded that when Ginny was out, a lot of people were trying to pitch in. For the most part everything was approved that should have been approved. There might have been some lag in the paperwork.
Commissioner Falk asked about the use log and the notations that state no copy of actual paperwork. Mr. Giner stated there are some permits waiting to be filed. The paperwork is there. Mr. Giner noted permits were issued and the paperwork is in the office. It just hasn’t been filed. Mr. Giner stated with the hiring of the new secretary, they are beginning to catch up. One of the things that they are doing is to try to improve things when Ginny was out. It was difficult to find things and Mr. Giner elaborated on examples. He has one person working on just coming up with recommendations for standard logs that everybody is accessing. If Mr. Giner or Mr. Alsbaugh go on an inspection, everything will get entered into the same spread sheet. Everyone else is working more transparently within the department. Mr. Giner noted the department learned some lessons while Ginny was out. They will come up with a better system so that when someone is out, they can easily get to the files.
Mr. Giner stated the way the computers work they have a local hard drive and also a shared drive. They are going to start doing most of the department’s work on that shared drive so that everyone can access the information. Mr. Giner stated they are also working on coming up with a system for computer filing. They are also working on the procedures for how they intake zoning enforcement complaints. They have a mock up of a page that will have an on-line form so that people will be able to put in complaints on property maintenance, zoning enforcement and wetlands violations. This will free up the Zoning Enforcement Officer. The secretary will be able to handle the complaints and delegate them to the proper person.
Mr. Giner stated there is an extra phone line in the office that they have designated as a hot line for complaints. It will be advertised as such on the town’s web page and people will be able to call that number and leave complaints. The secretary will be able to answer it and take all the information down. Mr. Giner also plans to farm out to people on the staff some of the inspection duties. Ginny is still going to be the prosecutor as the Zoning Enforcement Officer but there is nothing that prevents other staff members from going out and doing inspections.
Mr. Giner stated the town hall is going to use MUNIS software and there is a module that they signed up for that is for permitting and tracking. It allows complaints to be entered so that they can be kept track of. Until that time, they will use a spread sheet and post that spread sheet on the town’s web page. If any of the public wants to know where a certain complaint stands, they will be able to get that information and it will be updated in the shared drive and then posted on the web. People will know to go to the web site first and this may avoid a few phone calls. Mr. Giner noted if we can get more information out and more transparency, they can become a little more efficient. He expects a lot of complaints to come in once the spring comes especially regarding property maintenance.
Commissioner Ballard asked if Mr. Giner would want some of that information to go in the policy book maybe under a separate category of information. Mr. Giner stated the policy book is more for applications to the Commission. They are working on a parallel within the department which concentrates on the enforcement procedures and how can we be more efficient and transparent so people will know where things stand. It doesn’t hurt to mention it in as many places as we can.
Commissioner Ballard stated maybe Lori and she can put it in under a separate little paragraph type thing so that even an applicant would know there was a complaint telephone line.
Mr. Giner stated they have noticed when people are out for medical reasons it is difficult if there are not standardized procedures that are spelled out and easy to access. When Ginny was out, the items were there but it was tough to find them. Chairman Duren noted that Mr. Giner saw that he needed to make adjustments.
Commissioner Ballard asked if anything has been done about that big sign on South Road. Mr. Giner will find out the status of this sign. He noted they have been cited a couple of times.
Mr. Giner stated most of the red clothing bins are gone. There are a couple left and he has been talking to the company. Chairman Duren stated he noticed the other day that the ones by Dick’s are still out there. Mr. Giner stated their approach is they are going to be renting retail space in the plaza to sell clothing and they want to come in as an accessory use to that. The other ones don’t have anything related like the Salvation Army or Allied Attic. They could claim one of those clothing boxes is an accessory to their principal use. The other bins didn’t have any principal use to be an accessory to. Mr. Giner hasn’t heard back from them but he noted where they are now, they couldn’t be located there under the regulations. Accessory structures in commercial zones have to be behind the principal building line which in Dick’s plaza’s case would be the closest building to the road. They would have to find a spot that met the town’s regulations and then apply for a site plan review by the Commission.
Chairman Duren stated in the same plaza, the Circuit City sign is still up and that is misleading for people that are traveling in town.
Commissioner Ladd stated Five Guys has a for hire sign out in front that is supposed to be in the window. It is a banner. Mr. Giner stated you can apply for a banner sign for a limited time. There are provisions in the regulations where people can apply for banner signs for grand openings or hiring. Commissioner Ladd stated in the ordinance it says signs for hiring have to be in the window. Mr. Giner stated you can put banner signs up. They don’t limit what a banner sign can say. They are allowed to put up a banner sign no more than fifteen days straight and not more than 60 days in any given year. Commissioner Ladd asked if the banner sign would be removed next week. Mr. Giner hopes so. They called ahead of time and were told they needed a banner permit.
Chairman Duren noted he sees that Ginny is working with the furniture company on their vehicles. He hopes they are able to work out something on that. He saw that the Fire Marshal had checked on the automobiles at State Line. They are parking on the grass strip between the sidewalk and the street now. He doesn’t know if the state would be interested in this. Mr. Giner stated if there is a limit in the zoning, they would go after it as a zoning violation. Chairman Duren stated Ginny has been after them and she also says that she can go to Motor Vehicles. Mr. Giner stated if they are exceeding their approved premises, then the Motor Vehicles have said they could pull their license. Chairman Duren advised Mr. Giner to keep on it. He would like to see a better impression coming into town.
d. Director of Planning
Mr. Giner reminded the Commission that on March 16 there will be a meeting on the Plan of Conservation and Development at 7:00 p.m. at the J. F. Kennedy Middle School Auditorium. It will be officially a Town Council meeting although it will also be noticed as a public informational meeting on the Plan of Conservation and Development. This is not the hearing that the Commission is required to hold. It is a meeting to present it. At the last Plan of Conservation meeting, there was a discussion about having other people come in and ask questions before the formal meeting is held. This will be a chance for people to ask questions and formulate opinions in preparation for the public hearing. Once the Council gives a recommendation, which they have the opportunity to do, the Commission can then hold their formal hearing on the Plan of Conservation and Development. Chairman Duren asked if this notice is going to be on the web site. Mr. Giner stated it will be on the web page and there will be a press release issued.
Mr. Giner was asked by Buildings and Grounds to present to the Commission their plan for some maintenance at the gazebo. They wanted to put a small concrete walkway around the gazebo so people can get around it a little bit easier. He presented a diagram of the new walk they would be installing and he asked if this could be handled administratively. Chairman Duren stated they are pulling out the pavers and putting in poured concrete. He asked if it is blacktop. Mr. Giner noted it says concrete. He was not told it would be blacktop. Chairman Duren stated the sidewalk will be increased to five feet.
Commissioner Falk made a motion, seconded by Commissioner Dumont, to allow Jose Giner to handle administratively the installation of a sidewalk around the gazebo at Town Hall as proposed by Buildings and Grounds. The motion was approved by a 6 – 0 – 1 vote. Commissioner Sarno abstained and Alternate Dumont voted.
Mr. Giner stated Eppendorf would like a second roof top antenna that will go right next to the existing one. It is a minor change and Mr. Giner asked that he be allowed to approve it administratively. He presented the plans to the Commission. Mr. Giner stated it is a small antenna.
Commissioner Falk made a motion, seconded by Commissioner Ballard, to allow Jose Giner to handle administratively the application from Eppendorf for a second roof top antenna. The motion was approved by a 7 – 0 – 0 vote with Alternate Dumont voting.
Mr. Giner stated a couple of meetings ago he mentioned that the Commission needs to start looking at residential wind energy systems. He passed out some excerpts that he found from different towns. Mr. Giner noted there is a gentleman present who will touch on this wind energy system during Public Participation. At a subsequent meeting, Mr. Giner will discuss the ordinances further. He stated there are a variety of ordinances available.
PUBLIC PARTICIPATION
Steve Moriarty, 24 Cedar Drive, appeared before the Commission and stated he is a member of the Clean Energy Committee. Today he is speaking as a private resident. The general consensus on wind energy is the lot size should be at least a half acre and in most places it says it should be an acre. He is hoping we can get it down to where with appropriate waivers that you can get it in a quarter of an acre lot. This will greatly open the use of wind energy since there are so many smaller lots in this community.
Mr. Moriarty stated there are some things in these zoning ordinances that he has seen but some things he doesn’t see covered. One of them is the aesthetics. After looking at several different types, there are some people that make their own and they are ugly. He wouldn’t want them in his neighborhood even though they are doing their part for the environment. Mr. Moriarty hopes the Commission considers that when they are making these ordinances. Another thing he doesn’t see is the relation of the site to power lines. You wouldn’t want it so that if the seventy foot tower falls, you wouldn’t want it to fall on a power line.
Mr. Moriarty stated he has a quarter acre lot and he wants a wind turbine. He knows all his neighbors are encouraged by what he does. He already has solar power and geothermal. He wants to be carbon neutral and this would be the last step he has to take. He offered his assistance to the Commission. He stated he will leave his name and number with Mr. Giner.
Chairman Duren stated the Commission has zoning requirements on communication towers and they allowed for aesthetics on that as well as certain size lots. Mr. Moriarty stated you wouldn’t want it to fall on a residence. Chairman Duren advised Mr. Moriarty to take a look at the zoning regulations pertaining to communication towers. Mr. Moriarty stated another thing along with the cell phone towers is signage. You don’t want anyone flying banners off the side and that would have a bad effect on the turbine itself. Mr. Moriarty stated roof mounted turbines are a bad idea because they shake the house and houses aren’t built for them. Chairman Duren thanked Mr. Moriarty for his comments.
CORRESPONDENCE
Chairman Duren stated Correspondence includes referrals to the Capitol Region Council of Governments from various towns from 2/19/10 through 2/25/10. There is a referral from the Town of Ellington.
Commissioner Sarno presented some minutes from the Enfield Revitalization and Strategy Committee. She is the liaison to this Committee. She noted she wasn’t aware there was a meeting. Mr. Giner stated he gave Peter Bryanton Commissioner Sarno’s email for future mailings. Chairman Duren stated this Committee used to send the Commission their Minutes and he asked what has happened. Mr. Giner will check on this. Commissioner Sarno stated there is information for the Commission on current items like clothing bins and it might not be a bad idea for the Commission to receive copies of the minutes. Mr. Giner will make sure the Commission receives them. Chairman Duren stated he would also like to see the Minutes from the Zoning Board of Appeals and Inland Wetlands.
BOND RELEASES
a. Correspondence regarding landscaping at 155 Hazard Ave. SPR #1401 – Karios Properties.
Mr. Giner stated the Commission has some correspondence from Katie Bednaz regarding some discussions she had with Mr. Tartsinis. One of the things she recommended was there were some areas where it may be appropriate to substitute arborvitae instead of some of the required species of the “C” buffer because of narrowness. It would also provide more protection to the residents by doing that. She requested the Commission’s feelings on this change. Katie’s recommendation was that the applicants propose to plant arborvitae along the area of concern three to four feet apart. This plan sounds acceptable and may provide a better barrier than a partial Type “C” buffer.
Commissioner Ladd asked if she recommended holding the bond until this is completed. Mr. Giner confirmed the town still has a bond. Chairman Duren asked about the maximum height that will be installed. Mr. Giner stated they will be six feet according to the regulations. Further discussion followed on the height of the arborvitae. Chairman Duren stated as long as they meet the height requirement, he would be in favor of the change.
It was the consensus of the Commission that it would be acceptable to substitute arborvitae in the buffer zone as part of the landscaping plan for SPR#1401.
NEW BUSINESS
a. BAN #322 – Application by PetSmart for 4 temporary Grand Opening Balloons (type “C” sign) for property located at the Brookside Shopping Plaza, 10 Hazard Ave. in a BR District, Map # 56, Lot 22; PetSmart applicant, Equity One LLC, owner.
Mr. Giner stated PetSmart wanted to put up the same balloon signs that were approved for Petco a few months ago. Chairman Duren stated most of the correspondence was put on the table tonight and the Commission has to have time to look at the material.
Chairman Duren noted that Roger says they haven’t put in display dates. In the motion, they will have to have display dates and the Commission will be approving some kind of balloons. Mr. Giner stated the gentleman told him it would be one day only.
Jason Gillis appeared before the Commission and stated the balloons would be put up on early Saturday morning, about 4:00 a.m., and taken down on Sunday of this coming weekend. Mr. Giner recommended giving them from March 5 to the following Monday for both the balloons and the banners.
Chairman Duren asked if the balloons are similar to what Petco used. Mr. Giner stated they are exactly the same. There will be four balloons.
Commissioner Sarno made a motion, seconded by Commissioner Ladd, to approve BAN#322, application by PetSmart for 4 temporary grand opening balloons (Type “C” sign) for property located at the Brookside Shopping Plaza, 10 Hazard Avenue, in a BR District. The balloons shall be up between Friday, March 5, 2010 through Sunday, March 7, 2010, and will be taken down on Monday, March 8, 2010. The motion was approved by a 7 – 0 – 0 vote with Alternate Dumont voting.
b. SPR #1489 – Change of use for an empty storefront to Personal Services (Tattoo Parlor) for property located at 54 Pearl Street, aka 48 High St., in a TVC District, Map 24, Lot 102; Unearthed Tattoo, applicant; G&P Associates, LLC, owners.
Doug Fuller of 11 Sharon Lane, Enfield, appeared before the Commission regarding this application.
Chairman Duren asked about 54 Pearl Street also known as 48 High Street. Mr. Giner stated it is a corner lot and the official address of the lot is 54 Pearl Street. It goes around the corner and the store front is actually on High Street. Chairman Duren stated this use would be located between the tailor and the Creamery.
Chairman Duren noted receipt of a note from Peter Bryanton to Mr. Giner regarding this application. Mr. Giner stated there is also an email marked Exhibit 8.
Commissioner Falk asked if there used to be a tattoo parlor across the street. Mr. Fuller stated there was but they are gone. The one around the corner, B-52, went out of business.
Commissioner Ballard noted the hours of operation are 12:00 p.m. to 8:00 p.m.
Chairman Duren stated it says a letter of recommendation will be forwarded to P&Z. Mr. Giner stated he talked to Peter Bryanton today and he hadn’t had a chance to do the letter but he did send an email.
Mr. Giner stated he did ask Peter Bryanton if there was anything else beyond what was mentioned in his note and were there any special conditions. He said no. It was pretty much as he described the summary of the meeting.
Chairman Duren stated this is 12:00 p.m. to 8:00 p.m. seven days a week. Mr. Fuller stated it will be six days a week, Monday through Saturday.
Chairman Duren asked if Mr. Fuller has the paperwork from the Health Department. He stated he has the paperwork and he has to wait for the okay. Chairman Duren asked if Mr. Fuller has a doctor and Mr. Fuller stated he does.
Commissioner Sarno asked if each station has one tattoo recipient. Mr. Fuller stated that is correct. He plans on starting off with two artists and if it gets big enough he would go to four stations. It is strictly tattoos and there will be no piercing and no merchandise.
Mr. Giner stated the conditions require that Mr. Fuller file proper medical certificates with the staff before he can operate and maintain it.
Commissioner Ladd asked if Mr. Fuller has seen the proposed conditions. Mr. Fuller stated he has.
Chairman Duren stated the hours of operation, 12:00 p.m. to 8:00 p.m. Monday through Saturday will be condition number seven.
Chairman Duren noted he will not be having any sales of merchandise and he questioned if that should be added to the motion. Mr. Fuller stated the only merchandise would be tattoo care – lotions and whatever. He won’t be selling inks. He will be supplying the creams for the tattoos.
Commissioner Ladd made a motion, seconded by Commissioner Falk, to waive the full submission requirements of Section 9.10.2 for SPR#1489 because the Commission finds that the information is not necessary in order to decide on the application’s conformance with these Regulations. The motion was approved by a 7 – 0 – 0 vote with Alternate Dumont voting.
Commissioner Ladd made a motion, seconded by Commissioner Sarno, to approve SPR #1489 – Change of use for an empty storefront to Personal Services (Tattoo Parlor) for property located at 54 Pearl Street, aka 48 High St., in a TVC District, Map 24, Lot 102; Unearthed Tattoo, applicant; G&P Associates, LLC, owners, subject to the following conditions:
1. Any internal Fire Code requirements shall be addressed prior to the issuance of a Building Permit and/or a Certificate of occupancy, as the case may be.
2. 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.
3. This approval is only for interior change of use. Any new exterior construction must obtain additional Site Plan approval from the Enfield Planning and Zoning Commission.
4. Copies of all required medical and Health Department certifications must be provided to the Planning Department and maintained throughout the time this use exists.
5. Piercing is not approved under this application.
6. 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.
7. The hours of operation shall be 12:00 p.m. to 8:00 p.m. Monday through Saturday.
The motion was approved by a 7 – 0 -0 vote with Alternate Dumont voting.
c. Request by Ronald Lindman for Second Driveway cut at 18 Spring Garden Rd.
Ronald Lindman appeared before the Commission with a request for a second driveway cut at 18 Spring Garden Road. He stated the kids now have cars and you can’t park on the road and they need more parking. Chairman Duren stated he went by there today and Mr. Lindman has an enlarged driveway which should hold about four cars. He also has a large garage. He questioned how many vehicles does Mr. Lindman have. Mr. Lindman stated there are always two cars in the garage and three in the driveway. You can’t park ahead of the garage doors.
Chairman Duren stated there was a car that was covered on the property. Mr. Lindman stated that is a 1970 Challenger and there is also a van.
Commissioner Falk asked if there is some restriction on lot coverage. Mr. Giner stated there are no impervious coverage restrictions on residential. There is only building coverage.
Chairman Duren stated the problem is a lot of the front is paved already because the driveway is enlarged. He doesn’t know what it would do to the property values but he doesn’t know how large he wants to pave the area.
Mr. Lindman stated he submitted a diagram with dimensions. There is a lot of grass in between the two driveways. The sidewalk that goes to the front door of the house he would continue over to the driveway. Chairman Duren stated there is 100’ of frontage and the house is 15’ from the lot line. The drawing doesn’t state how wide he wants that driveway. Mr. Lindman stated the Commission must not have the drawing he submitted.
Some discussion followed regarding the amount of pavement requested. Mr. Giner stated if you look at one of the pictures where the cars are parked on the mud area is where the driveway will be. It will be the width of two cars toward the neighbor’s property line.
Chairman Duren stated he has a front bedroom and it looks like there is a garage in back of that. Mr. Lindman stated that is a tent that is falling apart and that is going to go.
Chairman Duren stated he feels the proposal would be a detriment to the neighborhood. He would end up with no front yard.
Commissioner Ballard asked if looking at the garage, to the left, is that paved. Mr. Lindman stated it is paved on both sides. Commissioner Ballard stated it is paved on both sides and you can fit a car. Mr. Lindman stated the garage door is 16’ wide and there is four feet on either side so it is approximately twenty-four feet wide.
Commissioner Ballard stated he can fit a lot of cars in that driveway.
Commissioner Gregory stated the biggest problem he has is getting out of his garage. Mr. Lindman stated he gets up at 4:00 a.m. to go to work. Chairman Duren stated let the kids park in the garage. Commissioner Ballard stated he should set up a routine.
Chairman Duren noted the GIS is off. Mr. Giner stated in terms of property lines, yes. He would not use those property lines as a gauge. If you look at the neighbor on the GIS, the line is probably more to the right. He probably has more room between his property line and his garage.
Chairman Duren asked if there was a variance on this property. Mr. Giner stated there was a variance granted for a seven foot setback on the side. There is no setback for driveways, just for structures.
Commissioner Ballard stated Mr. Lindman wants to put in a driveway as you face the house to the left side in front of the bedrooms. It will be a driveway for the whole yard. Mr. Lindman stated it is going to be on the side of the house and not in front of the rooms.
Mr. Lindman stated there is still going to be approximately fifty feet between the two driveways.
Some discussion followed on the exact location of the proposed driveway.
Chairman Duren stated he plans to vote against this because it will do a lot of damage to property values in the area.
Commissioner Sarno did not think it would look good. She thinks it is too much driveway and she doesn’t think the neighbors would be happy with it. Mr. Lindman stated they don’t care. He investigated that.
Commissioner Dumont asked how far from the property line is Mr. Lindman going to start the pavement. Mr. Lindman stated at least two feet. Commissioner Dumont stated he would have a hard time also with this request. He doesn’t see putting in that much pavement in the front yard.
Commissioner Ballard made a motion, seconded by Commissioner Sarno, to approve a second driveway cut of 18’ x 34’ at 18 Spring Garden Road as requested by Ronald Lindman. The motion was denied by a vote of 0 – 7 – 0 with Alternate Dumont voting.
d. Section 8-24 referral from the Town Council regarding the proposed abandonment of an undeveloped portion of Barrett Road from the ending of the existing paved portion to its intersection with South Road.
Chairman Duren stated he had some questions about this. He questioned if it was proper to have the developer present tonight. Mr. Giner stated yes, for the purposes of explaining what the abandonment is for. Chairman Duren stated he hates to abandon something that someone is planning on using for safety. Mr. Giner stated they have some plans and as long as the Commission keeps it to the right of way issue, the Commission can ask whatever questions they want to. Perhaps the Commission can have the applicant’s attorney come up and explain to the Commission what the purpose of the abandonment is. It was at their request that the Town Council is considering this abandonment.
Chairman Duren stated he has been watching some of the Wetlands and he is concerned that the cart is before the horse. He didn’t know what effect it would have on things. He would be in favor of abandoning it right out but he doesn’t know the effect it would have.
Mr. Giner stated the plans before Wetlands include that portion and their intent is if it is not abandoned, they would have to come back and get an amendment. Mr. Giner stated there are thirty-five days to act on the 8-24. Obviously, this project is not going to go through the process in 35 days so it is proper that the Commission hear the issues about the right of way.
Attorney Thomas Fahey representing Frank Troiano, who is present, and Dave Ziaks, the project engineer appeared before the Commission. Attorney Fahey stated they have an application to the Enfield Town Council to abandon that section of Barrett Road. That letter that the town has through the Council consented to them participating with the Wetlands Commission since it is a town road and there is a small piece of it that is within the wetlands. They did sign off without prejudice meaning that if for some reason the application is denied, that it would go back to the status quo and they would have to proceed with an application that didn’t include the road.
Attorney Fahey stated the application that they filed with Wetlands and will file with this Commission includes the abandoned road as part of the application. When you abandon a road, the abutting owners own up to the center line. So that center line portion would be part of their project. Dave Ziaks will focus the Commission in on where the road is. The abutting owners that live to the east have participated in the Wetlands discussions and they are quite happy and will be supporting the abandonment at the Town Council level.
Dave Ziaks with F. A. Hesketh stated they have been preparing the plans. He presented an aerial photo showing the zone line that runs through the property from an Industrial-1 zone to an R-44 zone. He indicated the subject property on the map and showed the intersection with Freshwater Boulevard. Down here within the residential neighborhood you have Alaimo Drive coming in and Barrett Road is a short road which has six homes on it. There is a paper right of way that extends from where the paved portion of their road ends out to a location just west of the intersection with Freshwater Boulevard. A survey map has been submitted which shows the shaded portion is the portion of the paper street, the Barrett Road right of way, that they are requesting to be abandoned. Mr. Ziaks noted, as Tom pointed out, traditionally the new boundary line is drawn down the center of the abandoned right of way and half goes to each side of the right of way. In this case its about 16,000 square feet that would go to the property on the west side and just under 16,000 square feet on the easterly side.
Mr. Ziaks stated there is a sanitary sewer that runs down the middle of the roadway. Barrett Road would end permanently at the location Mr. Ziaks pointed this out on the map. The two slivers of land would be deeded over to the two property owners and there would be no access out to South Road at that location.
Mr. Ziaks stated they met with the Fire Marshal and the police and they have indicated no concerns in the ART meetings from a public safety point of view. In conversations with the neighbors along Barrett Road that participated in the process, they are very much in favor of permanently closing off the roadway to make sure there’s no possible way that Barrett Road could be extended or reoriented a bit so that it lines up with Freshwater Boulevard and prevent a new short circuit into that neighborhood. Everyone is very happy the way it is right now and it seems like it is a surplus piece of land and that is the reason for the abandonment.
Commissioner Falk stated when the Commission had earlier discussions with Matthew Coppler, he was talking about the land being auctioned off to the highest bidder. Now, Mr. Ziaks is talking about the land being split by adjacent property owners. He asked what is the case. Mr. Ziaks stated their proposal is that the land be abandoned. That is the way they want it. Chairman Duren stated that is why he had some concerns about it.
Commissioner Falk stated he thinks it is a good idea because if you had made that a main road, everybody would be using that road.
Chairman Duren stated the Commission’s job is the abandonment. The Commission cannot consider what their action with the Council may or may not be. Mr. Ziaks stated it would radically alter the traffic patterns in that neighborhood.
Mr. Troiano stated some of the neighbors that he spoke with said the same thing. They were concerned and they didn’t want to have it reopened for that same purpose.
Commissioner Falk made a motion, seconded by Commissioner Ballard, to approve the Section 8-24 referral for the proposed abandonment of an undeveloped portion of Barrett Road as proposed. The motion was approved by a 7 – 0 – 0 vote with Alternate Dumont voting.
OTHER BUSINESS
a. Temporary Storage Containers for Public Uses
Mr. Giner gave the Commission copies of the proposed regulations that would allow temporary storage containers for public uses. A public hearing will be scheduled for April 1, 2010 regarding temporary storage containers for public uses.
b. Report from Policy Review Committee
Commissioner Ballard asked if there is an Economic Development Meeting tomorrow morning. Mr. Giner stated there is.
c. Report from Signage Policy Review Committee
d. Discussion of Tag Sale regulations
Mr. Giner will reissue the excerpts from other towns.
e. Discussion of Draft Plan of Conservation and Development
f. Zoning Enforcement Procedures
Chairman Duren stated he just received his copy tonight. Mr. Giner will reissue these procedures to the full Commission.
APPLICATIONS TO BE RECEIVED
The following application was received by the Commission:
XZA 10-3 – Proposed Zone Change from R-33 to Thompsonville Village Center District.
A public hearing will be scheduled for April 1, 2010.
Mr. Giner stated this is the zone change that Mr. Froment was proposing to do in that neighborhood as a trial run. The areas shown in orange are the areas he discussed at the last meeting. It would require a couple of text changes to deal with the development he was proposing. It is footnote 10 and table 4.10 that would allow the Commission to reduce the minimum area to 4,500 square feet by special permit pursuant to Section 4.30.21. That section right below would include restrictions to any sub sections. Only owner occupied single-family and duplex residences will be allowed on lots that are approved in this section. This restriction shall be noted on the mylar plans signed for signature as well as the conditions of the special use permit certificate. The second part says you have to address the Thompsonville Village guidelines.
Chairman Duren asked if this would be changing the zone. Mr. Giner stated yes, you’re asking for a zone change of that particular neighborhood from R-33 to TVZ. Chairman Duren asked why can’t we do the whole thing that they’ve been talking about for many years. Mr. Giner stated that would take a lot more effort and study to do so. Mr. Froment has the backing of the ERSC for the zone change. That study is being worked on. It is a question of getting the personnel to do the study.
Mr. Giner stated Mr. Froment has appeared before ERSC and Mr. Giner felt this would be a good test before everything was done. Mr. Giner stated eventually the idea is to get everything that is R-33 to be TVZ. One of the items that they want to make sure of is that TVZ allows commercial uses also. Mr. Giner stated this would be a test rezoning for that orange parcel only. There’s a gentleman who wants to put in some investment and build a couple of houses. This would be a good chance to see what can be done.
Commissioner Lefakis made a comment about an observation he made. In this area, there is quite a mix of housing. Some are four-family and some are two-family. But when he went down Church Street and Windsor Street, it looked like there were a number of single-family homes. He looked for the number of electric meters on the outside wall and front doors. It looked like there were a number of single-family homes so he doesn’t know if the Commission would be skewing it at all. Commissioner Lefakis stated on Church Street there are a lot of four family units. He doesn’t know if anyone else has any concerns about that.
Chairman Duren stated he thinks across the street might have been originally Bigelow property that built the houses for the mill. Mr. Giner stated Mr. Froment did a study that shows how many properties in that area are actually being used as one-family, two-family, three-family and four-family. He has a color coded study that he did.
Commissioner Sarno stated Windsor Street is like half and half. The first half of the street is primarily multi-family. When you get further down the street, you start getting into single-family homes. Commissioner Ladd felt that type of mix is not a bad thing. Having the single-family homeowners would tend to take better care of their properties.
Following additional discussion, Mr. Giner stated he would put this application on for a public hearing on April 1, 2010.
ADJOURNMENT
Commissioner Sarno made a motion, seconded by Commissioner Ballard, to adjourn. Following a unanimous vote, the Commission adjourned at 8:55 p.m.
Respectfully submitted,
________________________________
Peter Falk, Secretary
Enfield Planning and Zoning Commission
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