|
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
OCTOBER 7, 2004
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, October 7, 2004 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Anthony DiPace called the meeting to order at 7:30 p.m.
PRESENT: Anthony DiPace, Chairman
Charles Duren
Jeffrey Cooper
James Hickey, Jr.
Karen Krebs
Karen Weseliza
Nicles Lefakis, Alternate
Kathleen Sarno, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
The Minutes of September 2, 2004 were tabled until the next meeting pending some minor corrections by Mr. Giner.
Commissioner Hickey made a motion, seconded by Commissioner Sarno, to approve the Minutes of September 16, 2004. The Minutes were approved by a 7 - 0 - 0 vote.
STAFF COMMENTS
a. Town Attorney (in person)
Assistant Town Attorney Maria Stavropoulous appeared before the Commission and reported on pending legal matters. She stated oral arguments will be held on the first case on October 19, 2004. The third case in her report is being handled by the carrier and under the town's policy, the carrier appoints counsel to handle that case.
Attorney Stavropoulous stated since there are a number of changes, it may be advisable to have an Executive Session discussion in the near future. An Executive Session was scheduled for November 4, 2004 at 7:00 p.m. to discuss legal matters with the Assistant Town Attorney.
b. Zoning Enforcement Officer (in person)
Mr. Bickley responded to a request from Commissioner Duren and noted he was able to obtain a picture of the logger.
Commissioner Weseliza asked about the lawnmower business at the corner of Till Street and Washington Road. Commissioner Duren stated it is his recollection that this business predates zoning. Chairman DiPace agreed and stated that use has been there for over twenty-five years. Mr. Bickley will check this out and respond to the Commission.
c. Director of Planning
Mr. Giner brought up proposed zone changes for the Commission's information. If they meet with the Commission's approval, Mr. Giner will start the process and send them to CRCOG.
Mr. Giner stated the first proposed zone change involves a remaining parcel from the Bigelow change of zone. The owner would like to rezone the property back to Residential. Mr. Giner felt this makes sense because it is not useable as an industrial piece. The parcel includes a vacant lot and a lot with a dilapidated vacant structure. The request is to change this zone to R-33 and Mr. Giner noted there is R-33 adjacent to this property. It is very close to Bigelow Commons and it presently doesn't fit the area in its present zone.
Mr. Giner stated the second proposed zone change involves some of the lots zoned R-44 that front on an unimproved town road 10' to 12' wide. There is no sewer or water available to these lots and Mr. Giner felt it would make sense to rezone them to R-88.
It was the consensus of the Commission to move forward with the two zone changes proposed by Mr. Giner. Mr. Giner will begin the process of the legal notice requirements and schedule a hearing in late November or early December.
Mr. Giner reported he had a request from the Hamlet regarding the end of Orlando Road. Once Orlando Road becomes a private road, there is no lighting. The request is to install two poles with higher wattage lighting to light the area. Mr. Giner does not believe this change would have any off-site impacts. He talked to CL&P and they believe the lighting is necessary because at this time many of the residents in the area are afraid to walk at night. The post office also plans to relocate the post office boxes due to vandalism. Mr. Giner will handle this lighting request administratively since the Commission has no problem with it.
Mr. Giner stated he had a request from Mass Mutual. They are redoing their cafeteria and wanted to install a dumpster pad outside. Engineering and the Fire Marshal have approved this addition and it is not visible from the street. It would involve some minor regrading. Mr. Giner will also handle this request administratively since the Commission was in favor of it.
Mr. Giner stated on Wednesday, October 27, 2004, there is a meeting at the West Hartford Town Hall regarding the aquifer protection plans.
Mr. Giner reported he is working on a draft of the proposed storage container ordinance.
Commissioner Duren asked if Somerset Development needs to appear before this Commission since they were before Inland Wetlands with changes. Mr. Giner confirmed that they do.
Mr. Giner acknowledged a request from the Director of Economic Development to take items out of order and consider the 8-24 referral after the staff reports.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to take items out of order and consider 13a. following Commissioners' Correspondence. The motion was approved by a 7 - 0 - 0 vote.
PUBLIC PARTICIPATION
Mary Lou Strom appeared before the Commission. She noted she distributed material to the Commission tonight regarding the Town of Enfield holding a forum on November 11, 2004 concerning the Center EDGE report. The Center EDGE Report was commissioned a little over a year ago and done by Myron Norfield. It studies the patterns of growth in Connecticut. It concerns many areas not limited to land use, taxes, transportation, schools and the effect that they have on the quality of life in this state. The first phase of Center EDGE was to gather information. The second phase, which is occurring right now, is to get the information out to the public. The goal was to have every town in Connecticut hold a forum and many towns have already done so. Ms. Strom stated she is before the Commission because one of the goals is to have as many sponsors as possible. Sponsorship means that the board or commission is behind getting this information out to the public and aware of the impact of a lot of these things on the Town of Enfield and the State of Connecticut. She discussed confirmed sponsors and asked for sponsorship from this Commission. She also apologized for appearing before the Commission at such a late date. She noted the flyer needs to be designed and distributed by October 11 with the forum scheduled for November 11, 2004. She asked that this item be added to tonight's agenda so that this Commission's name can be included in the flyer.
Following additional comments from Mary Lou Strom responding to questions, Commissioner Duren made a motion, seconded by Commissioner Weseliza, to add an agenda item tonight regarding the Commission's participation in Center EDGE. The motion was approved by a 7 - 0 - 0 vote.
Commissioner Duren made a motion, seconded by Commissioner Krebs, that the Enfield Planning and Zoning Commission participate as a sponsor in the program to be held at Asnuntuck Community College regarding Center EDGE. The motion was approved by a 7 - 0 - 0 vote.
CORRESPONDENCE
Correspondence received includes the following:
Inland Wetlands and Water Courses Notice of Action for September 7 and 21, 2004
Historic District Notice of Action for September 22, 2004
Zoning Board of Appeals Notice of Action for September 27, 2004.
Section 8-24 C.G.S. referral from the Town Council regarding proposed sale of Town owned property located at 92 Main Street in the Thompsonville Village Center Zoning District.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to recommend approval to the Town Council of the Section 8-24 C.G.S. referral for 92 Main Street in the Thompsonville Village Center Zoning District. The motion was approved by a 7 - 0 - 0 vote.
PUBLIC HEARINGS - Continued from September 16, 2004
a. PH#2465 - Application for Special Use Permit to fence in an area adjacent to the dumpster to store pallets and rigging equipment at 20 Cottage Road (Old Shaker Pines Fire Station), zoned I-1, Map 80, Lot 193, Cottage Road Associates, Applicant/Owner. (Must close by October 21)
Chairman DiPace noted the new plans submitted show the outside storage area which is 12' x 30' located on the east side of the property. The plans also identify the location of the concrete storage boxes. Mr. Giner stated this new drawing will supercede the plans distributed to the Commission earlier.
Commissioner Duren asked how the squares would be set in if the Inland Wetlands Commission advises there is to be no excavation. Mr. Giner stated they are existing and the stone is also existing.
Commissioner Duren stated the map from the last meeting did not show the pavers or the stone. Also, while the Commission now has a plan, there are no measurements included. Mr. Giner stated it is 30' x 10' for the concrete squares. The other stone area is approximately 7' x 8'. Commissioners Duren and Krebs requested a condition that the measurements be verified by Mr. Giner.
Chairman DiPace opened this hearing to the audience. No one spoke in favor or against this application. Chairman DiPace closed this public hearing.
Commissioner Weseliza made a motion, seconded by Commissioner Cooper, to approve PH#2465, application for a Special Use Permit to fence in an area adjacent to the dumpster to store pallets and rigging equipment at 20 Cottage Road (Old Shaker Pines Fire Station), zoned I-1, Map 80, Lot 193, Cottage Road Associates, Applicant/Owner with the following conditions:
Conditions to be met prior to signing of plans:
1. 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:
2. Two sets of paper plans, with any required revisions incorporated on the sheets shall be submitted to the Planning Department for signature of the Commission.
3. 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.
4. A pre-construction meeting with Town Staff shall be held unless waived by the Director of Planning.
5. If necessary, 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.
6. If necessary, 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.
7. If necessary, a landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
8. A final inspection is required.
General Conditions:
9. This approval is for the specific use 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.
10. Any materials stored on site shall be kept screened from public view at all times.
11. 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.
12. A Special Permit is valid for a period of one year from the effective date of approval. The approved construction and use must commence within this period or this approval shall be rendered null and void, unless an extension is granted by the Commission.
13. 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.
14. The measurements of the concrete pad, the gravel area and all measurements are to be verified administratively and added to the plans.
The motion was approved by a 7 - 0 - 0 vote.
PUBLIC HEARINGS - NEW
a. PH#2393.05 - Special Use Permit for a modification of an approved facade (former Ames store) for Dollar Tree Store at 130 - 136 Elm Street, zoned BR, Map 57, Lot 329, SEA Enfield Stateline Plaza, LLC, Applicant/Owner. (Must close by November 11)
Attorney Susan Hays, Updike, Kelly and Spellacy, appeared before the Commission regarding this application. She stated this is the last piece in the redevelopment of State Line Plaza. The request is for approval of the facade that is shown on the plans before the Commission.
Attorney Hays stated they were previously before the Commission with Costco's and Dick's. At this time, the Dollar Tree Store is relocating from Stop & Shop Plaza to State Line Plaza. The store will be increase from approximately 5,000 square feet to 20,000 square feet.
Jill Gregory presented a layout of what the proposed facade will look like. They are under construction presently on the interior and are about forty percent complete with their construction.
Attorney Hays stated the major change to the exterior facade will be the architectural element in the middle which includes a green dollar tree. Ms. Gregory stated the bump proposed on the front is the Dollar Tree signature.
Attorney Hays acknowledged that the sign will be a separate application. It will not be a Class C sign because the store does not have the required frontage. The plans are now being revised to assure that the sign complies with the regulations.
In response to questions, Ms. Gregory stated she does not have any color samples but the colors on the drawing are pretty true to what the colors will be. Attorney Hays stated the plans also refer to the colors and they were hoping to have a color board and materials to present.
Attorney Hays stated the interior space is a little odd shaped which made this space even more difficult to lease.
Commissioner Weseliza asked if the proposed bump on the exterior front of the building is higher than the other stores. Attorney Hays confirmed it is not and it is 34'4" in height.
Chairman DiPace opened this hearing to the audience. No one spoke in favor or against this application.
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve PH#2393.05, Special Use Permit for a modification of an approved facade (former Ames store) for Dollar Tree Store at 130 - 136 Elm Street, zoned BR, Map 57, Lot 329, SEA Enfield Stateline Plaza, LLC, Applicant/Owner with the applicable fifteen standard conditions of approval.
The motion was approved by a 7 - 0 - 0 vote.
PH#2467 - Special Use Permit for a church, school and parsonage within an existing structure at 177 Elm Street, zoned R-33. Assessor's Map 57, Lot 266, Steven E. MacCormack, Applicant; Lily Yeh Kalk and Renee Yeh, Owners. (Must close by November 11)
Steven MacCormack, appeared before the Commission regarding this request for a Special Use Permit for a church, school and parsonage within an existing structure at 177 Elm Street, zoned R-33.
Mr. MacCormack stated the current membership of the church is just his family, his wife, and two young boys. As soon as they get the special permit, they will canvass and invite people to join the church. He estimated that during the first year they would average from ten to twenty parishioners. He stated in year two or three he anticipates close to thirty members. At that time they plan to start a kindergarten and add a grade school. As the church grows and they reach a point of 40 to 45 attendees, they will request expansion of the building by buying additional adjacent property or relocating in a more appropriate place. The present building would only safely hold 45 - 49 people. Mr. MacCormack stated once the membership exceeds fifty, a different code criteria is used. They do not expect to reach that number for four to five years.
Mr. MacCormack stated he started a church in Raleigh, North Carolina and it took about seven years before they got thirty-five to forty regular established members. Through a lot of sacrifice and a couple donors who loaned them money, they were able to build a small church building.
Mr. MacCormack felt the property at 177 Elm Street is ideal for the church. They hope the Commission is in favor of the proposal and they will work with the Commission to inform them of any growth or changes.
Chairman DiPae asked where will the church members park should the membership go to thirty or thirty-five. Mr. MacCormack stated the current zoning requirement is that for every four seats in the main assembly, one parking space is required. Presently, they have two parking spaces in the front and seven spaces in the back. Once they reach thirty to thirty-five members, they will propose new plans to the Commission to remove the rear fence and to pave the entire back yard. This would increase the parking by approximately twenty-five parking spaces in the back.
Following questions from Commission members about the impervious coverage requirements for this lot, Mr. Giner stated this is a residentially zoned property and there are no impervious coverage limitations.
Mr. MacCormack stated the church services will be two hours Sunday morning, one hour Sunday night and an hour on Wednesday night. He does not believe this will cause a problem in the neighborhood.
Mr. Giner stated under the current regulations, the present amount of parking, nine spaces, would allow thirty-six people before they would run into any problems.
Commissioner Duren stated two of the cars would be located in the driveway. He does not see how these could be considered parking spaces.
Mr. MacCormack stated in the ART last month, one of the recommendations was that they would like to see the front driveway eliminated. He added when they get to the point where they are improving the rear of the property, they will eliminate that front section. At that time, they would also convert the garage into an assembly area.
Commissioner Duren asked if the church will have a day care use. Mr. MacCormack stated the only type of education they will have will be the typical Sunday morning Sunday school classes. Once they start the kindergarten, it will be for children five years old and up.
Commissioner Duren stated from the figures given, there would be 47 children plus four teachers at this location. He stated this is a corner lot and the if the back of the property is totally paved, he questioned where the children play would play. Mr. MacCormack stated they will address that when they reach that stage.
Commissioner Duren stated the Commission has to plan for the future. He sees 22 seats in the main area and then there are also 25 seats in the lower level. Commissioner Duren doesn't see the future for the parking or the use of the property by the children on this one small lot. Mr. MacCormack stated the church school proposed will be K-5 and would operate Monday through Friday during typical school hours.
Commissioner Duren asked about the serving of food. A kitchen is shown on the plans and he sees from the reports that they are not planning to serve food now. Commissioner Duren stated if the school use is allowed, they are going to have to be serving the students something. Mr. MacCormack stated they would bring their own lunches.
Commissioner Duren stated the plans also show a nursery. Mr. MacCormack stated this is for use during church services when members come with children.
Commissioner Duren stated the plan is for Mr. MacCormack to live upstairs in this building. Mr. MacCormack stated that is only for this year. They will be building a home in West Suffield and moving within a year.
Commissioner Duren asked if Mr. MacCormack has options for the other properties. Mr. MacCormack stated he doesn't but he stated at the ART that he hopes to get options on adjoining properties. If he does not, the church will have to relocate if it expands.
Commissioner Duren questioned if it would be better to find a more suitable location presently than to have to address all these concerns. Mr. MacCormack stated this is the fifth location in the last year and a half. They were going to buy the Italian Club but no assembly would be allowed on the second floor. He met there with the Fire Marshal and Building Official and reviewed the applicable codes. Mr. MacCormack stated there were also a couple of other properties that did not work out.
Commissioner Duren stated the Fire Marshal discusses sprinklers for the building. Mr. MacCormack stated once you get over 50 people, there are different code requirements.
Commissioner Duren stated according to the Fire Marshal, the present building is not handicap accessible. If approval is given for use of the church as a school, the occupant load of the building could not exceed 50 people. Commissioner Duren noted the plans show 47 plus four teachers in the upper level alone. Mr. MacCormack stated the church would not be meeting at the same time the school is in session.
Commissioner Duren stated the church shows 25 seats plus the nursery in the downstairs area. Mr. MacCormack stated the downstairs room and the upstairs area would not be used simultaneously.
Commissioner Duren stated there is still a parking problem.
Mr. MacCormack stated the codes for a school and a church assembly are a little bit different. There is no code for how many parking spaces are allowed for each student in that school. Commissioner Duren stated if there is a school on the property, there will be people coming and going dropping off their children. There would be no place for the people to turn in and let the children out. Commissioner Duren stated he has some major concerns especially reading the reports submitted.
Commissioner Hickey stated as part of the special use application, applicants have to proactively demonstrate they are not adversely impacting the character of the surrounding neighborhood. He asked if any traffic studies have been done. He noted growth is projected for this church and he asked if any study has been done to see what kind of impact the growth will have on traffic patterns.
Mr. MacCormack stated based upon his past experience, there would be six or seven cars. If there are forty parishioners, the average family has three to five people attending. Mr. MacCormack stated presently when he has a family birthday party, there are six cars in the parking lot. This has not resulted in any traffic jams. He noted once the church increases in size, that is when a traffic study will need to be done along with addressing all the other issues. Right now, the intent is to get started.
Mr. MacCormack did not see the school beginning for two years. He stated when he began the school in Raleigh, North Carolina, a city of more than a half million people, there seven students from K-12 the first year. The second year they had 12 students. He would imagine the school will probably start with 6 - 15 kindergarten and first grade students the first year. The third year the school will probably have close to 20 students and by that time, they are hoping to purchase the property from the current owners and seek options from the two abutting houses.
Commissioner Duren stated the problem is once the zoning permit is granted, it stays with the property. If a permit is given for the school, there is no playground identified on the plans and there is a need to plan for an area for students. Mr. MacCormack stated there is a fenced in back yard for this purpose.
Commissioner Cooper stated the back yard is the area Mr. MacCormack stated would be paved in the future. Mr. MacCormack stated you only have to pave once the assembly increases to more than 35 people. The school will grow twice as fast as the church because they will invite non-church people that want to enroll their students. By the time they have 30 - 40 students in the school, they will probably only have twenty church members. The parking lot won't be added until the school is getting ready to exceed the limit. By that time, with 25 or 30 parishioners and 40 or 45 students, they will still have sufficient parking. Once they get to 35 parishioners, the school will need to have facilities for about 70 students. They could not expand to this number without coming back to the Commission with plans for more parking, buying additional property, razing a couple of homes there for a playground or actually moving to another location. Mr. MacCormack acknowledged those are some aspirations. He stated he is unsure what will happen. He added he has been in the ministry for twenty-three years.
Commissioner Sarno stated the present lease for this building is for three years. If the church grows too much for this building within the three years, she asked what will he do. Mr. MacCormack stated they will continue paying the lease and they do have an opportunity to sub lease. They will have the cash flow at that time to purchase vacant land or another property to renovate with town approval.
Commissioner Sarno questioned if changes are made to the building and the church grows, they will outgrow the building. Mr. MacCormack stated no changes will be made to the building during the lease period. They are not allowed to change anything on the property. It has to stay as is until they purchase it.
Commissioner Sarno asked if they have an option to purchase within the three years. Mr. MacCormack stated they do. Once they have the cash flow, they could do that and then proceed to obtain options on adjacent properties. Mr. MacCormack stated he doesn't know of any church in the area with five or ten people that could purchase a $500,000 property.
Commissioner Sarno asked if there is a reason why Mr. MacCormack has moved from area to area. Mr. MacCormack stated his wife's family is from Massachusetts. He began in Indiana and from there he did missionary work in Puerto Rico. He received his master's degree in education and came back and started a church in Indiana in the second poorest town in the state. He then went to work for another church for five years and was able to get enough capital and start a church in Raleigh.
Commissioner Sarno asked if the kindergarten will be a full-time program. Mr. MacCormack stated it will be full time from 8:00 a.m. to 3:00 p.m. or typical school hours.
Commissioner Hickey asked if there has been a review of the building to determine how the building would be made handicap accessible and what will need to be done to comply with the current ADA requirements. Mr. MacCormack stated he is not sure what is required but his understanding from the Fire Marshal is as long as the assembly stays under fifty members, a lot of the present codes would not apply. His intent is to make everything as handicap accessible as possible. However, he noted in the past the chiropractor was able to operate his business with the current existing conditions. He feels as long as they stay small, they will do their best to accommodate handicapped by the addition of a ramp or a handicap bar in the existing bathrooms. He is not aware of any changes they need to make at this time with the current number of people proposed.
Chairman DiPace stated the chiropractor who had his office at that location also had to reside there.
Mr. MacCormack stated his intent is to reside at this location for the first year to year and a half. They will be living there to help pay the rent while the church is beginning. They are hoping they will have some people coming to pay for at least half the rent.
Mr. Giner noted this area is zoned Residential and churches are permitted in Residential zones.
Commissioner Duren had a concern that the applicant does not have options to purchase adjoining properties but only the desire to do so. There is also no report from the Traffic Safety Officer.
Commissioner Duren asked if holding religious services in a home is legal in the State of Connecticut without a permit. Mr. Giner stated he is not aware of any such ruling in Connecticut. Further discussion followed on other church services such as the one on Old Maple Road on Thursday evenings.
Mr. MacCormack stated the church wants to be as up front as possible. They do not want to start a church with fifteen people and have a complaint that this Commission will have to address. Their intent is to be an honest organization and not cause a traffic problem or hazards. Mr. MacCormack stated he invited the Fire Marshal prior to submitting an application in order to follow all the proper codes. Their situation is in order to start a church, you have to have an appropriate type of building and such buildings are limited. Mr. MacCormack stated if he had a better location for this church, he would do it. They are hoping this location will be a good starting point.
Mr. MacCormack stated he is a pastor and also a state certified commercial real estate appraiser. He knows the codes of many towns and he is doing his best to make sure the Commission does not hear any complaints. The request is for a special use permit to get the church started. Once they start getting members and a cash flow, they will then come back and make some revisions. If he sees the projections moving faster than planned, he will be the first to say to Mr. Giner that they need to come back to the Commission as their church grows.
Chairman DiPace opened this hearing to the audience.
Ruth Presto, 181 Elm Street, stated she is a neighbor of this property. She lives across the street across from Harvest Road and on the same side of the street two houses over. She has lived here for 37 years. Ms. Presto stated there have been two doctors in this home who lived there and had their practice there and at most there were only two cars in the parking lot. Ms. Presto questioned why anyone who has a dream of having a church with a large congregation would move into a one-story house with a basement that has been converted into offices. She wondered why a church would begin with those conditions where there is no room for expansion.
Ms. Presto stated if all the back yard is taken out and asphalt put in, she doesn't think you could get fifteen cars in that area. She questioned how they could have that much parking there. Also, if they are going to have a school there, aren't they going to want a nice healthy recreation area for the students? Ms. Presto stated as far as buying property around there, who knows if anyone wants to sell their residence.
Ms. Presto stated this sounds to her like a pipe dream. She noted Harvest Road is a very busy side street. If you are going to have people coming in and out delivering children to school or coming to church, she is not sure that this won't create a real traffic problem on the corner of Elm and Harvest. Ms. Presto added what if the church is really successful immediately. Where will the people park? Will they park on the side street, Harvest Road? There is a lot of pedestrian traffic in this area and there are no sidewalks. She doesn't think it would be advisable for people to park on the side street.
Ms. Presto questioned if this application is approved, will this property become a non-profit tax free piece of property. Also, will the owners be able to run any other type of business from the home in addition to the church, the school and the residence? If they are going to have a school at this location, are they certified by the State of Connecticut? Are they going to have certified teachers and is this something that has been given state approval? Ms. Presto stated she would like to know what is happening here that goes beyond just a dream of someone to have a congregation in a residential area.
Ms. Presto asked if they take out the back yard and put in more parking, what will be done with all the snow? Will they push it on to Harvest Road?
Ms. Presto questioned whether this property is suitable for a church. If you start taking out back yards, then the three neighbors whose back yards abut that back yard will be looking at a parking lot. Ms. Presto stated she can see this home being a professional office for a doctor or a lawyer but she really does not see where the property lends itself to a church and, especially, not a school. It doesn't seem safe and it doesn't seem healthy for the neighbors or for the people that are attending.
Mr. MacCormack stated the Fire Marshal and the Building Department official have inspected the property and there is nothing unsafe about the building as it is currently for a small congregation. In the first year, there would be five to ten parishioners and two or three cars. The services would be held in the basement. After they move out, the main assembly will be moved to the living room which would accommodate twenty to twenty-five parishioners. The following year, they will start the school with eight to ten kindergarteners that will have five to seven cars dropping off and leaving at the same time. Mr. MacCormack stated an increase in traffic problems is not foreseen.
Mr. MacCormack stated there will only be ten or twenty children initially and they will not be paving the back immediately. There will be ample area in the back yard for fifteen or twenty children. He stated their back yard is almost a half acre. He cited a day care center in this area which has a play area about the size of the Town Hall Council Chambers. He doesn't believe their school will have anywhere near that growth for five years or more. At that time, they will buy abutting property and build an appropriate playground area, put in the proper parking area and meet all the town codes and zoning requirements.
Mr. MacCormack stated currently existing is a six-foot privacy fence all the way around the back yard. No cars will be visible from the other homes. Mr. MacCormack did not feel Ms. Presto would be any more bothered by a church and school of this size since the first five years of the church's existence will be very small.
Mr. MacCormack stated if he is very successful, which he hopes to be, he doesn't project the school will see that growth for at least five years. By that time, they will have purchased the property or obtained options and would come back to the Commission to satisfy any other questions that may arise. They are requesting they be allowed to start a church in a residential property with a small Christian school with limited traffic and a limited number of people. After the growth, they would come back to the Commission to make changes and get other approvals.
Mr. Giner stated given the parking, the limitations to the special permit would be that the church assembly shall not exceed 36 parishioners at any given time.
Mr. Giner recommended continuing this hearing because of concerns he had regarding the Fire Marshal's report and the need for a clarification. He would like to get something from the Fire Marshal stating that the codes apply or do not apply at a certain number.
Commissioner Duren also requested input from the Traffic Safety Officer.
Commissioner Duren questioned how the Commission can limit what the church does once a special permit is issued. Mr. Giner stated the Commission would be approving the floor plan. Commissioner Duren noted with the floor plan submitted, there is no way with the present situation that he can fit those numbers in there.
Commissioner Duren had a concern that once the zoning goes there, it stays there. He asked if there could be some limitations or conditions put on this property.
Chairman DiPace continued this public hearing to October 21, 2004.
c. PH#2468/SAN #1184 - Special Use Permit for a child care center and parking lot and playground along with related signage at 18 Shaker Road, zoned I-1, Assessor's Map 64, Lot 105, David DiPiero, Applicant/Diane DiPiero-Saia, Owner. (Must close by November 11)
David DiPiero and Charlene Kelly appeared before the Commission regarding this application. Mr. DiPiero requested a special use permit for a day care center to operate at 18 Shaker Road and the associated parking, playground and signage. The actual center will be located in a former residence on the property. The actual structure will not undergo any major modifications except to bring it up to the fire code. The improvements would be handicap ramps and a change to the doors so they swing out. A door will be added to the back off the nursery as an added fire exit and for easy access for the children to go outside.
Mr. DiPiero stated the playground will be located at the back of the property and will be fenced in. It is approximately 2,100 square feet. The property itself is just under an acre. The playground is a sufficient distance from the parking area and the road.
Regarding signage, Mr. DiPiero stated they are allowed 120 square feet of signage space and the sign they are proposing is ten square feet.
Regarding parking, Mr. DiPiero stated the parking was designed with the one space for every six children ratio and one space for every staff member. The Fire Marshal approved an occupancy of thirty. There will be five staff members and approximately twenty-five children. The parking lot was designed based upon those ratios and the measurements that are set forth by the town. The entrance to the parking lot was also designed with a wider entry way so that traffic coming down Shaker Road doesn't have to come to a complete stop to make a turn.
Mr. DiPiero stated the drainage for the parking lot includes a catch basin that will be installed across the front of the property which will drain into the sewer line in the street. Based upon the drainage calculations, the runoff is not significant. The existing driveway on the property will remain and be expanded.
Commissioner Duren stated he did not see anything on the plans regarding a maintenance schedule and responsibility for the cleaning of the detention pond. He added this basin is near the road and he asked if it is going to be fenced or otherwise protected.
Mr. DiPiero stated based upon the drainage calculations, not much water will ever make it to the catch basin. Commissioner Duren had a concern that even a small amount of water is dangerous to children.
Mr. DiPiero stated he cannot foresee the pond filling up with two feet of water as Commissioner Duren suggests. A larger drainage pipe was requested and they went from a four-inch pipe to an eight-inch pipe. This would eliminate any build up of water.
Commissioner Duren stated he read in one of the memos that there is the possibility for this basin having two feet of water.
Mr. DiPiero stated the amount of runoff projected to come off the driveway is .02.
Commissioner Sarno stated the plans do show a maintenance plan and a connection detail.
Commissioner Sarno asked about the location of this property. Mr. DiPiero stated it is a tan ranch right across from Henry Barnard School.
Chairman DiPace stated there is a play area out back but there is also someone painting cars next door. Whether this use is legal or illegal, those paint fumes are harmful.
Mr. DiPiero stated there is a wooded area and a stockade fence surrounding the property.
Commissioner Duren read a description of the detention area noting it is approximately 50' x 15' and 2' deep. Mr. DiPiero stated Engineering requested an 8" pipe because they were afraid that a 4" pipe might clog. The 8" pipe goes from the retention area to Shaker Road.
Mr. Giner reported this applicant received a wetlands permit on September 30, 2004.
Commissioner Duren requested that a notation be added to the plans regarding who is responsible for maintenance of the catch basin.
Chairman DiPace opened this hearing to the audience. No one spoke in favor or against this application.
Mr. Giner discussed the catch basin and stated it is not a 2' drop but it will be two feet gradual incline over a five foot square area. It is well designed for a significant rain storm and about four to five feet in width at the bottom.
Mr. DiPiero stated the play area is in the back of the house. These catch basins are also seen all over town in front of commercial properties.
Chairman DiPace stated if additional concerns arise, the applicant can come back or install a decorative fence. Mr. DiPiero stated their intent is to serve prepared snacks. Their goal is to try to keep the area looking the same as it does now. The hours of operation will be 6:30 a.m. to 5:30 p.m.
Mr. DiPiero stated they have been in discussion with the Health Department and they have been given a waiver on the grease trap. They also have a dumpster with a pad and screening to minimize trash reaching the wetlands. There will also be no transporting of older children to other locations.
Mr. Giner referred to the signage and stated Mr. Alsbaugh believes it is similar to another type of sign and he wanted to make sure the Commission approved it. The notation said it was not clear but it was similar to an existing sign. Mr. DiPiero stated the bottom part of the sign would only be up during the fall and spring enrollment times.
Chairman DiPace closed this public hearing.
Commissioner Hickey made a motion, seconded by Commissioner Duren, to approve PH#2468/ SAN #1184 - Special Use Permit for a child care center and parking lot and playground along with related signage at 18 Shaker Road, zoned I-1, Assessor's Map 64, Lot 105, David DiPiero, Applicant/Diane DiPiero-Saia, Owner. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Site Plans:
"Existing Condition Plan Prepared For 18 Shaker Road, Enfield, Connecticut", Sheet 1 of 3, Scale: 1" =20', Prepared by William R. Palmberg & Son, LLC, dated 07-28-04, revised to -09-03-04.
"Improvement Location Plan Prepared For 18 Shaker Road, Enfield, Connecticut", Sheet 2 of 3, Scale: 1"=20', Prepared by William R. Palmberg & Son, LLC, dated 07-28-04, revised to 09-03-04.
"Detail Sheet Prepared For 18 Shaker Road, Enfield, Connecticut", No Scale, Sheet 3 of 3, Prepared by William R. Palmberg & Son, LLC, dated 07-28-04, revised to 09-03-04.
Referenced Sign Plan:
Elevation Drawing for San 1184 "This is the Way Learning Center" Stamped "received" by the Planning Department on August 13, 2004.
Conditions to be Met Prior to Signing of Mylars:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The file number "PH 2468" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3. A schedule and description of responsibility for maintenance of the storm water system shall be on the mylars.
4. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the approval with conditions shall be placed on the plans submitted for signature.
Conditions to be met prior to the issuance of permits:
5. One set of final Site Plan mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission. The signed mylars shall be filed with the Town Clerk prior to the Special Permit becoming effective.
6. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
7. Final approvals from ConnDOT shall be obtained.
8. A pre-construction meeting with Town Staff shall be held.
9. The applicant shall post a bond for Site improvements in an amount of $23, 800 with surety acceptable to the Town Attorney.
10. A Separate Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount of $1,150.
11. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
12. Any remaining concerns of the Water Pollution Control Division shall be addressed.
13. Any remaining Fire Marshall concerns shall be addressed.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
14. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
15. The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
General Conditions:
16. 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.
17. This project is also subject to conditions of Wetlands Permit #23.
18. This approval is also for the Sign as shown on the referenced plans. Any additional signage or changes t the approved plans must obtain approval from the Commission or its staff.
19. 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.
20. A Special Permit is valid for a period of one year from the effective date of approval. A zoning permit must be obtained within this period or this approval shall be rendered null and void, unless an extension is granted by the Commission.
21. 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.
Commissioner Duren stated this is a good location for the use and the Town needs this type of operation for working parents. Commissioner Hickey added the presentation before the Commission conformed to the standards for a special use permit.
The motion was approved by a 7 - 0 - 0 vote.
d. PH#2469 - Special Use Permit for a rear lot behind 1655 and 1657 King Street, zoned R-33, Map 16, Lots 33 and 50, Chris Clark, Applicant, Nicholas A. and Tammy Sorensen Duray (#1655) and Larry R. and Christine L. Clark (#1657), Owners. (Must close by November 11)
The Commission heard PH#2469 and PH#2470 together.
Joe Derby, a real estate broker representing the family, appeared before the Commission regarding this application and the following application, PH#2470. Mr. Derby stated the father of Christine Clark and Tammy Sorensen Duray purchased these properties forty years ago. Tom Sorensen lived in the small house on the south side and built a brick house known as 1655 King Street. The children ended up buying these properties years ago. The land is three acres in size. Ms. Duray owns the single family at 1655. Her sister, Christine Clark, and Larry own the property on the southern side. The request is to build a house on the rear lot.
Mr. Derby stated he was asked to represent the family because this application became very complicated. He noted the memo he received yesterday regarding this property and addressed each item.
Mr. Derby stated in the overall plan before the Commission, he asked that they look at the plan to see what their plans are. They have prepared legal documents and they back up in detail the horizontal descriptions shown on the map. It is the intention of Tammy to give Adam the 25' right of way for all utilities as shown on that plan. It is the intention of Christine Clark to give the 25' right of way for the drive access on the flagged lot to the rear. Regarding the specifics that they did not show, that was due to his advice. He has strong feelings about not adhering to a strongly engineered plan until he sees where the land is, the location of the trees and other specifics of the property. The right of way as it is shown will be the bearer of the 12' or 14' paved driveway. Mr. Derby stated he is an advocate of impervious surfaces being smaller on residential lots and not to have 25' wide driveways. The reason they need the width of the right of way is for a snow shelf for plowing.
Mr. Derby stated they presently have the bituminous as it is shown on the plan. Adam, the new home owner, intends to come in the existing drive to go by that. Whether there will be two cars in one area and two cars in the back is something they would like to work out in the field. Mr. Derby asked for approval tonight with a condition that they must provide the location of the car parking for the four-family home and that it is satisfactory to the Town. Mr. Derby stated their intent is not to damage some of the beautiful existing trees on the property.
Mr. Derby stated regarding the details of showing a specific location of sewer and water, the as built plans are a lot different that what is initially proposed. He stated they have to sit down with the various utility companies to find out exactly where these will go and they will provide an as built survey prior to receipt of a c.o. for the property.
Mr. Derby stated regarding screening on the buffer, Adam, the new home owner, proposes to plant his yard in an area where Tom Sorenson previously raised small horses. There was previously a barn on the property which has been taken down. Adam plans to replant this in coordination with the other properties and the buffer will be very good because family members are involved.
Mr. Derby stated a soil scientist's letter is unnecessary because the soil maps of the town identify that this is not a wetland area. Mr. Derby personally confirmed this is not a wetland area and is dry ground.
Mr. Derby stated the driveway continuation proposed will include a 20' right of way but it is not their intent that the 20' will be paved as shown on the plan.
Regarding the southern drive, Mr. Derby stated there is no way that anyone should ever try to install a larger curb cut for the DOT than what is shown on the plan. The curb cut is adequate and very large for a single-family and a four-family home. To enlarge the curb cut would go against the plans of the State of Connecticut. Mr. Derby added this is not a big traffic issue.
Regarding the grading plan, Mr. Derby stated he really can't address that. The grade existing is a 4% steady grade front to rear and when you're building a house, the location may vary one foot either way.
Regarding the accuracy on the vertical, they have an A-2 survey and Mr. Derby cannot address what the Town requirements are for the T-2. They had asked their surveyor to go out and try to redo this immediately in the field. He did an overlay for a 1991 town topography map which in most towns is satisfactory for such a minor grade of four percent. The engineer is redoing the overlay to satisfy the Town staff.
Mr. Derby stated the existing hydrant is exactly where the word "King Street" is shown on the plan and it is 600' from the front door of this house. If someone had to enter the property with a hose in case of a fire, they would go right beside Tammy's house to reach the house.
Mr. Derby stated the town wants rear lots to have sprinklers under certain conditions. The wording in the ordinance gives the discretion to the Commission regarding sprinklers. Mr. Derby stated they are on a very gradual slope with a very accessible lot through Chris or Tammy's land or up the driveway with a fire hydrant 600' away. Mr. Derby further noted that today's homes are built with much better fire retardant products and he would think most homes do not have a hydrant 600' away. He questioned this sprinkler requirement. He discussed other units that he has assisted in building that do not include sprinklers.
Mr. Derby stated all vehicles can be supported because they have a driveway that goes directly to the house and they are located right off Route 5. He doesn't see where emergency vehicles would have a problem and a school bus could go up this driveway. In most towns, if a school bus can go up a driveway, that is a requirement of the fire department.
Mr. Derby stated the vegetation free zone will be there. The house number is a big question. They own 1655 and 1657 and are willing to take any number issued. Chairman DiPace stated the Police Department issues the number.
Mr. Derby stated the way they will keep their snow off any Route 5 access is they will have plenty of snow shelf area adjacent to the proposed driveway.
Mr. Derby requested approval so that the children can begin construction of their new home this fall.
Commissioner Duren referred to Neil Angus' findings dated October 4, 2004 confirming there are no wetlands on the property.
Commissioner Duren stated in John Cabbibo's memo of October 5, 2004 he states the plan has to be certified for a T-2 class. Mr. Giner stated this is a subdivision requirement. Adam stated their engineer will take care of this requirement.
Mr. Giner stated he did not provide the Commission with a memo including conditions because he was expecting revised plans. The Town Engineer and the Fire Marshal wanted to see the details of the driveway on the plans. While these are now family owned properties, they could be sold in the future. Chairman DiPace suggested a condition that the plans be acceptable to the Town Engineer and the Fire Marshal.
Mr. Giner stated in the last memo from the Fire Marshal, he wanted to see the final plans to make sure the fire equipment could go over it.
Mr. Derby stated they have been in touch with the Fire Marshal and he asked that the Commission condition their approval upon their satisfying the Fire Marshal.
Chairman DiPace opened this hearing to the public. No one spoke in favor or against this application.
Chairman DiPace questioned if the two items mentioned by the applicant's representative can be conditions. Mr. Giner stated the Commission could continue this hearing and obtain the comments or include such conditions in their approval. He added that the mylars won't be able to be filed or the certificate filed until all of the plans are in place.
Mr. Derby stated their intent is to meet with the necessary town staff. Chairman DiPace stated the Commission will condition it but if the Town Engineer and Fire Marshal decide the plans should change, that is the final decision. Mr. Derby was sure that the town and those involved will be fair regarding this application.
Mr. Giner stated the Commission also has to decide whether sprinklers will be required.
Commissioner Duren stated the Commission has in the past approved such applications without sprinklers as long as the fire hydrant was within a certain distance.
Chairman DiPace closed these two public hearings.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve a Special Use Permit for a rear lot behind 1655 and 1657 King Street as heard in PH#2469 per the plans submitted with the applicable standard conditions of approval and the following additional condition: The plan details shall be provided and the driveway deemed acceptable by the Town Engineer and the Fire Marshal. A T-2 plan shall also be provided.
The motion was approved by a 7 - 0 - 0 vote.
e. PH#2470 - Resubdivision for one new building lot and to reconfigure two existing lots at property located behind 1655 and 1657 King Street, zoned R-33, Map 16, Lots 33 and 50, Nicholas A. and Tammy Sorensen Duray (#1655) and Larry R. and Christine L. Clark (#1657), Owners. (Must close by November 11)
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2470, resubdivision for one new building lot and to reconfigure two existing lots at property located behind 1655 and 1657 King Street, zoned R-33, Map 16, Lots 33 and 50, Nicholas A. and Tammy Sorensen Duray (#1655) and Larry R. and Christine L. Clark (#1657), Owners, subject to the applicable standard conditions of approval and the following additional conditions: (16) The details shall be provided and deemed acceptable by the Town Engineer and the Fire Marshal; (17) The final mylars shall be according to the requirements of the subdivision regulations; and (18) A sprinkler system is deemed not required. The Commission also noted that this rear lot is being transferred to an immediate family member for no consideration and, therefore, the fee is waived.
The motion was approved by a 7 - 0 - 0 vote with Alternate Sarno voting.
Chairman DiPace left the meeting at 9:50 p.m.
OLD BUSINESS
a. SPR#1283 - Application for an addition to the existing building at 198 Freshwater Blvd., zoned IP, Map 55, Lot 003, John Morgan, AIA, Applicant.
Mr. Giner stated this application was tabled because the Commission wanted to see some elevations and floor plans. The Town Engineer met with the applicant and Mr. Cabbibo is now satisfied with a conditional approval. Mr. Giner stated this is a proposed addition to an existing building.
Commissioner Duren asked about the materials being used and if they would match the existing building. Mr. Giner stated this is a site plan review and he is unsure how much the Commission can get into regarding colors. Commissioner Duren stated this is an addition to an existing building and he would think the materials would match what is existing.
Mike Asmus, the owner of the building, and John Morgan appeared before the Commission regarding this application. Mr. Morgan stated the plans submitted to the Commission include a drawing titled "East Elevation." The portion of the building that is visible from the street which has an overhead door is made out of the same material as the existing building which is a split faced beige block. This corner of the site is generally buried into the cul de sac and the turning radius of the vehicles. The other three sides are a beige metal panel and they will not be visible from any side. Commissioner Duren stated the building may not always be that way and he cited the changes to Elm Street.
Mr. Morgan stated regarding air conditioning and heating units, there is nothing on the roof. The floor plan shows a pad in the back which shows the position of the air conditioning condensers which are set on the ground in the back. They are shielded from the two street sides by the woods and the existing building.
Commissioner Duren asked if on the west elevation, the existing building is split faced. Mr. Morgan confirmed the older building is split faced and the newer building is metal panel in the same color but with a different texture.
Vice Chairman Hickey stated there was previously a need for the plans to be signed and sealed by a licensed surveyor and there were other outstanding concerns. Mr. Morgan stated in the package presented to the Commission, all the necessary information is included.
Vice Chairman Hickey stated the Wetlands Commission had a Condition #11 concerning a statement from a qualified professional determining there is no net increase in peak and total runoff. Mr. Morgan stated the first page of his submission tonight addresses that. The next two pages address the infiltrators to the back. He noted there is a net decrease in the total runoff from the site.
Commissioner Duren stated the sheets are in need of a signature and seal. Mr. Giner stated the final plans will require a signature.
Mr. Morgan stated they have submitted revised plans. Commissioner Hickey asked if they've been reviewed. Mr. Giner stated the Town Engineer had some issues. Commissioner Duren read from the Town Engineer's memo regarding his concerns.
Mr. Giner stated the Town Engineer spoke to the applicant by phone and he stated he was satisfied they were addressing the concerns.
Some Commission members noted they did not all receive the revised plans. Mr. Giner stated the revision date was not accurate. He stated the Town Engineer has no problem and these are all items that have to be added to the plans. The Town Engineer is satisfied that the proposed addition will not have an impact.
Following some discussion on how to proceed, Mr. Giner stated this is a site plan review but the Zoning Enforcement Officer has to sign off on the zoning permit and unless the conditions are met, he will not sign off. Mr. Giner also read the email received from the Town Engineer. A review of the proposed conditions followed. Mr. Giner stated the concerns of the Commission would be covered by Conditions 3 and 4.
Commissioner Duren asked that all four plan sheets have a seal and are signed. Mr. Morgan stated they will all be stamped.
Mr. Giner stated there is a need to confirm that the final plan filed is correct. The final as built will be filed. The problem started when they used the old plan that was approved to draw the addition on and the as built showed something different. The Town Engineer wants to make sure the final plan shows everything as existing.
Vice Chairman Hickey stated the Commission has been given the answers to satisfy their concerns from the last hearing.
Commissioner Cooper made a motion, seconded by Commissioner Sarno, to approve SPR #1283 - Application for an addition to the existing building at 198 Freshwater Blvd., Zoned IP, Map 55, Lot 003, John Morgan, AIA, Applicant. This approval is subject to conformance with the submitted record and the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans:
"M.S.C. Liquid Filtration, 198 Freshwater Blv. Owner, Mike Assimus 198 Freshwater,. Enfield, CT 06082, S1 Site Plan." Prepared by Wilson M. Alford, Jr.. Dated "Rev July 04", and stamped Received by the Planning Office on October 1, 2004.
"Existing Conditions Prepared for MSC Liquid Filtration 198 Freshwater Boulevard, Enfield, Connecticut." By Alford Associates, Inc. Dated Dec 21, 2001
"Floor Plan, MSC , 198 Freshwater Blvd, Enfield, CT 06082", Sheet A-01, by AECON Inc., dated 8/31/04.
"Elevations, MSC , 198 Freshwater Blvd, Enfield, CT 06082", Sheet A-02, by AECON Inc., dated 8/26/04.
"Section, MSC , 198 Freshwater Blvd, Enfield, CT 06082", Sheet A-03 by AECON Inc., dated 8/28/04
"Schedules & Details, MSC , 198 Freshwater Blvd, Enfield, CT 06082", Sheet A-04, by AECON Inc., dated 8/27/04
Conditions to be Met Prior to Signing of Plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The SPR file number "SPR 1283" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3. All concerns cited by the Assistant Town Engineer in his correspondence dated October 06, 2004 shall be satisfied.
4. Any remaining site issues of the Fire Marshall shall be satisfied.
5. 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:
6. Four sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.
7. Unless waived by the Planning Department, a pre-construction meeting shall be held between the applicant, contractors and relevant staff.
8. Final site plans to be reviewed and approved by the Engineering Division and Fire Marshall.
9. The applicant shall post a bond for Site improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town Attorney.
10. A Separate Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
11. If needed, a landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
12. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
13. The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
General Conditions:
14. This approval is for the specific use and structure identified in the application. Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.
15. This approval is also subject to conditions of Inland Wetlands Permit #420
16. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
17. Construction of facilities as approved must commence by October 7, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
18. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and Lefakis voting.
NEW BUSINESS
a. SPR#1236.02 - Application to expand a boardwalk approximately 100 feet into Freshwater Pond on top of recently completed gabion on property located off North Main Street, zoned TVCZ, Map 25, Lot 7, Town of Enfield, Owner/Applicant.
Harry Jones, a professional engineer from Bay State Environmental Consultants, appeared before the Commission regarding this application. He stated they have been working with the Town for the past six years working toward a restored and enhanced Freshwater Pond.
They are reaching the finish line and they have one issue to bring before this Commission. Mr. Jones presented a 2002 master plan illustration for the reconstruction of the north shore of the pond. At the time, they envisioned the construction of a boardwalk pier that would extend out into the pond. That element was not included in the original permitting or construction documents because of cost considerations. They now have an opportunity to reinstate it into the project.
Mr. Jones presented two photos. He stated a prior project they constructed in the early 1990's was at Center Springs Pond in Manchester. He presented an illustration of what that boardwalk looks like. He stated they have made some modifications to the proposal before this Commission but the plan is essentially the same.
Mr. Jones also presented a newspaper article with a photograph showing what that boardwalk would look like when constructed. He added the boardwalk is very popular at Center Springs Pond in Manchester and children fish from it frequently and it is used for their fishing derby. Some Enfield people have also personally viewed the Manchester boardwalk and were enthusiastic about it. Mr. Jones felt it would work very well for Freshwater Pond.
Commissioner Cooper asked if there have been any safety issues. Mr. Cooper stated there have not. They have been through DEP and Inland Wetlands and the only possible item that could be construed as a safety issue is whether this could be a flood issue that would alter the flood way along the river and cause additional backup. In order to demonstrate that to DEP, they had to go through an extensive engineering evaluation. The DEP concurred that there would not be an impact.
Mr. Jones stated the structure at the pond is a gabion wall which is now under water and isolates the entry area for the pond. That structure is a rock filled basket and the boardwalk is proposed right across the top of this. It is the same detail that was used in Manchester.
Commissioner Duren stated this would go on wood pilings and he asked about the life expectancy. Mr. Jones stated at a minimum, there is a life expectancy of twenty-five years. The Manchester boardwalk is twelve to thirteen years old and looks fairly new. The decking is beginning to show some warping. One of the improvements made here is the use of a trex product rather than pure wood decking. The piers do sit in the water but the wood is all pressure treated.
Commissioner Duren stated in the Inland Wetlands permit, it says the boardwalk will be all concrete piers. Mr. Jones stated there are concrete filled sonitudes at the very end where the piers widen out over the boardwalk with a little seating area. This is the only concrete construction proposed.
Commissioner Lefakis stated approximately two and a half to three years ago, part of that wall washed out. He asked what went wrong. Mr. Jones stated the actual wall was undermined because the construction was only partially completed. The wall was actually in place but none of the soils surrounding it or the rip rap below it had been installed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1236.02, application to expand a boardwalk approximately 100 feet into Freshwater Pond on top of the recently completed gabion on property located off North Main Street, zoned TVCZ, Map 25, Lot 7, Town of Enfield, Owner/Applicant, in accordance with the plans submitted. The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and Lefakis voting.
BOND RELEASES
a. PH#2293 - Request for release of Engineering Bond in the amount of $36,820 and Erosion and Sediment Bond in the amount of $360 by Artioli Dodge for 513 Enfield Street.
b. PH#2294 - Request for release of Engineering Bond in the amount of $46,970 and Erosion and Sediment Bond in the amount of $360 by Artioli Dodge for 515 Enfield Street.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve release of the $36,820 engineering bond and $360 erosion and sediment bond for PH#2293 and the $46,970 engineering bond and $360 erosion bond for PH#2294, Artioli Dodge, 513 Enfield Street as recommended by John Cabbibo in a memo dated September 14, 2004. The motion was approved by a 7 - 0 - 0 vote.
c. PH#2430 - Request for release of Engineering Bond in the amount of $21,250 for Wendy's at 90 Elm Street.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to release the engineering bond in the amount of $21,250 for Wendy's, 90 Elm Street, as suggested by John Cabbibo in a memo dated July 2, 2004 to the Enfield Planning and Zoning Commission. The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and Lefakis voting.
d. PH#2376 - Request for release of Engineering Bond and Erosion and Sediment Bond; check totaling $30,000 by Enfield Shade Tobacco for Park Street and Moody Road.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to release the engineering and erosion and sediment bonds for PH#2376, Enfield Shade Tobacco for Park Street and Moody Road totaling $30,000 as outlined in the memo to Mr. Giner from John Cabbibo dated September 15, 2004 and the memo from Marvin Sierra dated September 23, 2004. The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and Lefakis voting.
e. SPR#1239 - Request for release of Erosion and Sediment Bond in the amount of $650 by Tilcon for 246 Shaker Road.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to release the erosion and sediment bond in the amount of $650 for SPR#1239, Tilcon, 246 Shaker Road as recommended in a memo from John Cabbibo dated September 27, 2004.
The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and Lefakis voting.
OTHER BUSINESS
Commissioner Duren requested a revised schedule of the 2005 meeting dates.
a. Applications to be received
The following applications were received by the Commission:
PH #2475 - Application by the Town of Enfield for a text change regarding distances between commercial recreation uses, section 6.30.1Aiii. (November 74 Hearing)
PH #2476 - Application for a resubdivision to allow creation of a 39,000 + sq. ft. building lot from a 80,000 + sq. ft. at 6 Third Street, Zoned R-33, Map 36, Lot 306, Walter Dubish, Applicant/Owner.
PH #2477 - Petition for rezoning of approximately 4 acres of land from I-1 to BL at 2 Shaker Road, Zoned I-1, Map 64, Lot 70, Galaxy Management, Applicant/Owner. (November 4 or 18)
PH #2391.02 - Application for modification of plans previously approved to existing site lighting. (existing poles will be replaced with new poles & 2 new poles will be added) at 10 Palomba Dr., Zoned BR, Map 57, Lot 334, Lia Auto Group, Applicant/Owner. (November 4 Hearing)
SPR #1290 - Application to open a real estate office at 287 Hazard Ave., Zoned HVBL , Map 83, Lot 60, Duncan Campbell, Applicant/American Wholesale/Owner.
ADJOURNMENT
Commissioner Weseliza made a motion, seconded by Commissioner Sarno, to adjourn. Following a unanimous vote, the Commission adjourned at 10:25 p.m.
Respectfully submitted,
________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
jmr
|
|