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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
SEPTEMBER 16, 2004
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, September 16, 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
Robert Egan
James Hickey, Jr.
Karen Krebs
Samuel McGill, Alternate
Kathleen Sarno, Alternate
ABSENT: Karen Weseliza
Jeffrey Cooper
Nicles Lefakis, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
CORRESPONDENCE
Chairman DiPace noted receipt of the following Correspondence:
A letter to Attorney Thomas Daniells from Jose Giner regarding the Red Robin Restaurant, Enfield Commons, Enfield, CT.
A letter to Don Ellis of the Enfield Fire District #1 from Jose Giner regarding a utility shed at 200 Phoenix Avenue.
A letter from Johnson Memorial Hospital dated September 13, 2004 to Jose Giner regarding a site plan extension request for Site Plan Review #1192.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to add item e. Johnson Memorial Hospital, Request for Extension, to tonight's agenda under Other Business. The motion was approved by a 7 - 0 - 0 vote with Alternates McGill and Sarno voting.
Mr. Giner also made reference to the Notice of the Public Information Meeting regarding the reconstruction of Post Office Road. Commissioner Duren asked if they would appear before the Commission with a design for the road prior to construction.
COMMISSIONERS' CORRESPONDENCE
Chairman DiPace noted receipt of information regarding an aquifer protection workshop. Mr. Giner stated the workshop is Wednesday, October 27, 2004 at the West Hartford Town Hall at 7:00 p. m. and he urged Commission members to attend. Chairman DiPace asked that Commission members contact Mr. Giner's office if they plan to attend.
Commissioner Duren noted the wetlands permit received for Oliver Road and he asked if this would be coming before the Commission in the near future. Mr. Giner stated he will check on this and stated it may be a culvert replacement which is considered routine maintenance.
PUBLIC HEARINGS - Continued from September 2, 2004 meeting
a. PH #2466 - Special Use Permit and modification of plans previously approved to construct a 42 ft. x 22 ft. wash bay addition, modify landscape islands, provide pedestrian access to adjacent Nissan dealership at 20 Palomba Drive, zoned BR, Map 57, Lot 335, LIA Auto Group, Applicant. (Must close by October 7)
Dana Steele of J. R. Russo and Eric Forish, the general contractor for LIA, appeared before the Commission regarding this modification requested by LIA Auto Group.
Mr. Steele stated they are requesting a modification to a plan that the Commission previously approved for 20 Palomba Drive which is now the Honda dealership.
Mr. Steele stated the applicant has three items they are requesting to modify. The first is the construction of an addition for a wash bay. Currently, the facility has no wash bay. In the service area in the back there is an overhead door and the cars are presently washed in the general aisle of that service area. The intent is to create a designated area that is more isolated for the washing of vehicles. There is an existing oil/water separator at the facility. The new location of the wash bay addition would be at the other end of the building and the floor drains for inside the building will need to be tied into the existing floor drains which will then run through the separator. There is no proposed increase in the amount of washing going on but the proposal is to move it to a more convenient and efficient location. Mr. Steele stated the 1,000 gallon tank is the minimum size allowed for the separator tank but their needs would be less than that.
Mr. Steele stated the second modification is a sidewalk between the Honda dealership and their other facilities for access by pedestrians. The proposal is a sidewalk which lines up from the Honda display area to the door for the Nissan building.
Mr. Steele stated the third request is regarding interior landscaped islands. The previous site plan showed islands proposed in the center of the large pavement area. The existing site does not have any islands. The applicant previously proposed to install these islands to encompass the existing light poles and to break up the pavement. However, following the construction process, the consensus was that these islands were creating a real problem. The request is to reduce the size of these islands and to compensate for that they would increase the size of the large landscaped area to the side of the site. There are no other changes to the landscaping being requested. There would be no reduction in landscaping, trees or related items. The trees shown on the plan in green are trees proposed in the previous application and those would still be proposed.
Mr. Steele stated Note #15 on the plan indicates all conditions of approval from Public Hearing #2331, the approval for the Honda sales area, shall remain in full effect as shown on the previous approved plans. Mr. Steele stated the intent is to only modify the landscape islands and keep everything else proposed the same. There would be no increase in impervious area for the site. The islands would be reduced but still protecting the light poles. They are also suggesting concrete curbing for the islands rather than bituminous curbing shown on the previous plan. Mr. Steele presented architectural elevations for the proposed wash bay.
Mr. Forish reviewed the architectural elevations. He stated the north elevation depicts the existing building which has been improved with stucco. In front of the existing service center is a lower profile addition which would be a continuation of the stucco on the side of the building. The west elevation is all split faced masonry block. There are three overhead doors positioned on the west elevation.
Commissioner Duren asked if there would be three wash bays and Mr. Forish confirmed this to be the case. Commissioner Duren asked for a confirmation that these wash bays would be strictly for the use of the dealership and not a use open to the public. Mr. Forish stated it would not be retail in nature and would be only for the conditioning of LIA's vehicles.
Commissioner Duren noted receipt of a memo from John Cabbibo regarding a cross easement and maintenance agreement between the two LIA parcels which the Commission is requesting. Also, the handrail detail needs to be added to the plans.
Commissioner Hickey asked about the status of the access easement agreement between the two parcels. Mr. Steele stated there are existing easements and LIA is requesting the incorporation of pedestrian access with that sidewalk as well. He added that easement has not yet been drawn up by LIA's attorneys but the easement would be between Lots #10 and #22 to identify who is going to maintain the sidewalk. Commissioner Duren noted such an agreement needs to be on file in the Land Records.
Chairman DiPace brought up the landscaping islands that were previously approved. With the removal of the landscaping islands, the light will be in the middle of where the parking spaces are located. He asked if there is a reason why the light is in this location and not at the end where the road is located. Mr. Steele stated the light poles are existing. They would not be positioned in this location if the plan represented new construction and not a renovation and it has been a problem to make the plan work while taking into consideration the location of the lights. Mr. Steele stated they considered relocating the light poles but it was not cost effective to do so.
Mr. Forish added the way the striping is presently shown is the way that LIA is currently storing the cars. There has been a reduction in the number of cars on the lot to allow for smooth travel between all of the parcels.
Mr. Giner informed the Commission two of the proposed conditions address Mr. Cabbibo's comments.
Chairman DiPace brought up the need for comments from the Fire Marshal. Mr. Giner stated the plans were sent on September 9, 2004 with a follow-up email and there were no additional comments from the Fire Marshal.
Chairman DiPace confirmed the Commission received no response in writing from the Fire Marshal or the Traffic Safety Officer.
A brief discussion followed on the need for letters to be received from staff regarding applications. Chairman DiPace stated if there are not letters in the future and comments are received from the Fire Marshal after the Commission's approval, the Commission's next letter should be addressed to the Fire Commission informing them the Commission is not getting the necessary cooperation.
Chairman DiPace opened this hearing to the public. No one spoke in favor or against this application. Chairman DiPace closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH #2466 - Special Use Permit and modification of plans previously approved to construct a 42 ft. x 22 ft. wash bay addition, modify landscape islands, provide pedestrian access to adjacent Nissan dealership at 20 Palomba Drive, zoned BR, Map 57, Lot 335, Lia Auto Group, Applicant. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans:
"Site Plan Modification (PH2466) LIA Honda Dealership 20 Palomba Drive, Enfield, Connecticut, Prepared for LIA Auto Group P.O. Box 5789 Albany, New York." Sheet 1 of 1, Sale: 1"=40' by J.R. Russo Associates, dated 7-20-04 and revised to 9-9-04.
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. A detail for the proposed stairs with handrails to the Enfield Nissan property shall be shown on the final plans.
3. A note regarding an access easement and maintenance agreement between the two separate parcels shall be placed on the final plans.
4. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the Final Motion with conditions shall be placed on the plans submitted for signature.
Conditions to be met prior to the issuance of permits:
5. One set of final mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning 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. A pre-construction meeting with Town Staff shall be held unless waived by the Director of Planning.
8. Any remaining issues with the WPC shall be resolved.
9. The applicant shall post a bond for Site improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town Attorney.
10. A Separate Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
11. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
12. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
13. All necessary easement documents shall be filed on the land records
14. The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
General Conditions:
15. 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.
16. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
17. A Special Permit is valid for a period of one year from the effective date of approval. A building permit must be obtained within this period 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 McGill voting.
PUBLIC HEARINGS - NEW
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)
Paul Williams appeared before the Commission regarding this request for a special use permit to fence in an area adjacent to the dumpster to store pallets and rigging equipment at 20 Cottage Road. He stated the identified area would be a very small area at the back of the building and the reason for this application is to block the view of this material from the road.
Commissioner Duren stated he is not clear regarding the actual storage area. All that is shown is a fence and the storage area is not defined.
Mr. Williams stated the storage area will be located right next to the brook in a paved area 10' x 20' in size.
Commissioner Duren noted the plans show the paved parking and the fence line but do not identify the storage area. Mr. Williams stated the storage would be located in the area on the plans identified as S025646 west. Commissioner Duren stated that is a large area and the 10' x 20' is not properly identified on the map.
Commissioner Duren stated the proposal includes fencing in an area adjacent to the dumpster. With the location of the dumpster presently, he did not feel the fencing is adjacent to the dumpster. Mr. Williams stated the dumpster is on cement slats and the fence would run parallel to the driveway.
Commissioner Duren stated he has a concern with the location of the storage which is not drawn on the map. The other issue he has is with the wetlands permit. Commissioner Duren stated Wetlands Permit AAA008 states it is for landscaping improvements. He did not feel the addition of a storage area would be considered a landscaping improvement. Mr. Williams stated Wetlands recommended he install a small curb.
Commissioner Duren would like confirmation that Wetlands has authorized this storage. Item #6 of the Wetlands approval states no equipment or materials including, without limitation, fill, construction materials or debris shall be deposited, placed or stored in any wetland or water course on or off site unless specifically authorized by this permit. Commissioner Duren did not see anywhere in this permit that they authorized this storage. Mr. Giner stated it was not a permit but an agent approval because the use is within 100' of a regulated area. Commissioner Duren again asked where the actual storage area will be located.
Commissioner Duren saw a need for a permit because this area is located within 68' of the brook. Mr. Giner stated an authorized approval was received because it was within a regulated area but it was not actually inside the wetlands.
Chairman DiPace asked what the Commission is being requested to approve. Mr. Giner stated the storage boxes and dumpster areas for this site were approved previously. One of the conditions of that approval was they could not do any outside storage. Chairman DiPace stated the plan submitted showed the storage boxes and dumpster areas taped to the plans rather than drawn on them. Commissioner Sarno stated they are taped on to show what presently exists at the site.
Commissioner Duren read condition #10 of the wetlands permit and noted there is no gravel pad shown as required. Mr. Williams stated the gravel pad would be adjacent to the dumpster to allow him to drive his folk lift there. This pad was shown on the wetlands plan but that revised plan was not received by this Commission. Mr. Williams stated those plans were submitted to the Wetlands Commission. Chairman DiPace saw a need for an area to be marked on the plan submitted showing where the storage area will be located and the size of the area. Mr. Giner stated he was unaware that the wetlands plans were different.
Chairman DiPace stated he noticed on the plans on Cottage Road it states concrete posts. Mr. Williams stated these are bollards that are a border for the property. He made a parking area for the school bus. The area was in a shabby condition when he purchased the property and he dressed it up. Chairman DiPace stated that is not Mr. Williams' property but is the Town right of way. Mr. Williams stated the Town has not maintained it and the existing grade there was three to four inches below the road.
Chairman DiPace stated improvements cannot be made to the Town right of way without requesting permission from the Town. The Town would probably grant such permission but they may not want structures so close to the road because of snow plowing concerns.
Commissioner Duren asked what rigging equipment is. Mr. Williams stated they include pipes, skids and a few metal beams and would be stored in the 10' x 20' area with the pallets.
Commissioner Duren stated he likes the vinyl fence proposed and asked if it will screen everything. Mr. Williams stated he believes it will. If it does not, he would be willing to add whatever fencing is needed to screen the entire area.
Commissioner Duren requested maps showing exactly where the storage area will be located and drawn to size. There is also a need to show where the gravel area will be located and it should also be drawn to size.
Mr. Williams stated that is all included on the plans submitted to the Wetlands Commission. Those plans were done after the submittal of the original plan to this Commission.
Chairman DiPace asked for audience input regarding this application.
Laurie Parker, 105 Cottage Road, spoke in favor of this application. She stated Mr. Williams has done a lot to improve the area and she feels the fence would be a great addition to help keep some of the children off the property. Ms. Parker noted there are a lot of problems with children in the neighborhood getting into people's property and littering the areas.
Michael Parker, 105 Cottage Road, spoke in favor of this application for fencing. He agrees it would be an attractive addition and help make the neighborhood cleaner and neater as well as keep the children away from Mr. Williams' property. Mr. Parker also noted the improvements to the property since Mr. Williams purchased it.
Mr. Giner will provide the plans submitted to Wetlands for this Commission's next meeting. Mr. Giner reiterated that Mr. Williams is requesting a modification of the last approval which stated no outside storage. Such outside storage is allowed by special permit and is limited to a specific area.
Chairman DiPace requested the conditions from the last approval for the Commission's next meeting.
Chairman DiPace continued this public hearing to October 7, 2004.
OLD BUSINESS
a. SPR #1279 - Site Plan Review application to finish siding house 53-57 College Street, Zoned TVCZ, Map 27, Lot 103, Kenneth Swart, Applicant/Owner.
Mr. Giner stated while the applicant is not present this evening, Mr. Swart did provide a drawing of the proposed improvements to finish siding the house at 53-57 College Street. Mr. Giner stated there was some question regarding the aluminum cornice above the door frame.
Chairman DiPace requested that Mr. Giner work out the details with Mr. Swart and he recommended tabling this application to the next meeting.
Commissioner Duren had suggested to Mr. Alsbaugh that the specific windows be shown by using pictures from a magazine. Mr. Giner stated Mr. Swart is claiming there was a metal cornice there previously and Mr. Alsbaugh thought it was wood. Chairman DiPace confirmed that it was wood.
Mr. Giner stated an extension has been granted on this application and the extension expires tonight.
Commissioner Hickey made a motion, seconded by Commissioner Duren, to approve SPR#1279, site plan review application to finish siding house at 53-57 College Street, Kenneth Swart, Applicant/Owner.
Chairman DiPace stated Mr. Swart is headed in the right direction by trying to clean up this property. Commissioner Krebs agreed that he is trying to improve the building. She suggested a denial without prejudice to allow a new application.
Chairman DiPace requested that a new application be submitted and that the Commission waive the re-application fee. Some discussion followed regarding the waiving of the fee and the procedure. Chairman DiPace emphasized that the problem with this application is the Commission ran out of time. He did not have a problem with a new application.
The motion was denied by a 0 - 7 - 0 vote.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to deny SPR#1279 without prejudice and waive the re-application fee. The motion was approved by a 7 - 0 - 0 vote.
NEW BUSINESS
a. SPR #1283 - Application for an addition to the existing building at 198 Freshwater Boulevard, zoned IP, Map 55, Lot 003, John Morgan, AIA, Applicant.
John Morgan appeared before the Commission regarding a proposal for an addition to the existing building at 198 Freshwater Boulevard. He stated this application has received approval from the Wetlands Commission.
Mr. Morgan stated there is an existing building at 198 Freshwater Boulevard built about twenty years ago consisting of approximately 7,000 square feet. The building was acquired three years ago by MSC, a business that does high tech filters. The proposal is to construct an addition on the back of approximately 4,000 square feet which would be largely concealed from the street with the exception of a small area at the front which will be built in the same masonry construction as the existing building. The building intrudes a little on the wetlands but that intrusion was approved by Wetlands.
Mr. Morgan stated they had an ART in August that was sparsely attended. There was comment from the Fire Department. The main question was whether an access road would be required and there was not in this case due to the small size of the building. The other items that have arisen since are two items from John Cabbibo. One was he conducted a site survey and noted that the paving which had been increased three years ago to allow trucks to turn had not been installed exactly as approved. As a consequence, the curb line is in a somewhat different location. Mr. Morgan presented a survey plan so the Commission could compare the present location to the approved drawing. Mr. Morgan stated the area is about the same but the present curb line is somewhat closer to Freshwater Boulevard.
Mr. Morgan stated Mr. Cabbibo questioned the fact that this building has a roof that pitches to the rear and goes into a gravel splash block at the bottom. The engineers offered a solution which actually reduces the runoff on the site. Mr. Morgan stated the new roof dumps all the water into the retention basin at the back reducing the runoff. The final plan has not been developed.
Mr. Morgan submitted an enlarged version of the survey plan and noted the curb line in the different location. The concrete pad is the same and the plan shows how the existing pavement comes up and the new building fits in at the back without much site disturbance.
Commissioner Duren requested elevations. Mr. Morgan stated he did not bring any elevations because the building is located in the woods and would hardly be visible. Commissioner Duren asked that elevations be submitted to show the appearance of the building, the number of windows or doors, whether there are rooftop mechanicals and, if so, will they be screened.
Mr. Morgan stated the building would not be visible from the street. Commissioner Duren cited the need for building elevations and floor plans.
Commissioner Duren stated the Fire Marshal had some concerns on July 14, 2004 and he asked if those have been addressed. Mr. Morgan stated the items have been solved in terms of the building and the fire safety code. Those will not come up again until they reach the building permit process.
Commissioner Duren stated Mr. Giner submitted a memo dated September 16, 2004 which contains many of the questions he has raised. The application presently lacks a police report, a fire marshal's report or a report from Water Pollution Control if floor drains are included.
Chairman DiPace read a memo from Mr. Giner indicating there are no updated plans on file addressing the engineer's comments. Mr. Morgan stated the Wetlands Commission approved this application with their standard conditions and four comments.
Commissioner Duren read a memo from Engineering stating this plan is not accurate regarding the parking lot layout and dimensions. The plans note that the boundary and topography Class A-2 survey was supplied by the Town of Enfield. The Town Engineer adds the applicant should supply an accurate and updated survey certified by a licensed land surveyor and remove the note about the Town supplying the survey. The memo adds the applicant has not made drainage considerations for the proposed addition of impervious areas.
Commissioner Duren noted the need for the plans to be signed and sealed by a licensed land surveyor before he, as Secretary, would sign off on the plans.
Mr. Morgan stated the calculations submitted show a decrease in runoff. He reported receipt of the memo from John Cabbibo on approximately September 1, 2004.
Mr. Giner asked Mr. Angus if any new plans were submitted to Wetlands since their Minutes indicated there were some changes made.
Chairman DiPace cited receipt of the Wetlands approval which has fourteen conditions. Commissioner Duren cited condition #11 which requires submittal of a statement from a qualified professional which determines there has been no net increase in peak and total runoff leaving the site as a result of the proposed addition. Mr. Morgan stated such a statement will be submitted.
Chairman DiPace requested the Commission's concerns regarding the submittal of revised plans be addressed by the applicant. He recommended tabling this application for action at the Commission's next meeting.
b. SPR #1286 - Application to close off a section of drive way located at #105 Raffia Road at Raffia Road Service Center, Zoned BG, Map 67, Lot 4, George Raffia & Sons Inc., Applicant/Owner.
Gary Raffia appeared before this Commission regarding this application to close off a section of driveway located at 105 Raffia Road. He stated they are proposing to close a small curb cut just south of the Post Road/Raffia Road intersection of the Raffia Shopping Center located at 105 Raffia Road, the Raffia Service Center. What has occurred is it becomes a short cut for a lot of people who try to bypass the stop sign at Post and Raffia. The proposal is to close that off to make the area safer and more aesthetically pleasing.
In response to a question from Chairman DiPace, Mr. Raffia stated the curbed island will match the existing ones and will be loamed and seeded. The island has been installed.
Mr. Giner stated the Traffic Safety Officer was in favor of this verbally at the recent ART meeting. Commissioner Duren stated the Minutes should show the Commission did not receive a letter from the Fire Department or the Traffic Safety Officer.
Commissioner Duren made a motion, seconded by Commissioner Sarno, to approve SPR#1286 to close off a section of driveway located at #105 Raffia Road at Raffia Road Service Center, zoned BG, Map 67, Lot 4, George Raffia & Sons, Applicant/Owner. The motion was approved by a 7 - 0 - 0 vote.
c. SPR #1287 - Application for a Change of Use to allow the production and selling of air-brushed and printed tee shirts, custom license plates, key chains, at 94 Pearl Street in a TVCZ District, Map 24, Lot 116.
Marcel and Cheryl Shuman, 50 Sharon Road, appeared before the Commission with a request for a change of use to allow the production and selling of air-brushed and printed tee shirts, custom license plates and key chains at 94 Pearl Street.
Ms. Shuman stated this building includes a beauty salon. Their business would be located on the other side of the existing shoemaker's business.
Ms. Shuman stated the present use of the space is an office space. It is used an as office for Mr. Shuman's father's cleaning business.
Mr. Shuman stated the office space will be in the back per the picture submitted. Mrs. Shuman stated there is a room in the back for storage. The business has a desk with a telephone setup. Their intent is to use this same area for their business. There will be no signage on the outside of the building. A sign on the interior of the building will not be illuminated.
Chairman DiPace asked about the paints that will be used. Ms. Shuman stated they are acrylic and non-toxic with no odor.
Mr. Giner stated this applicant went before the ERSC and they stated they had no issues with the proposed business.
Mr. Giner noted there is a municipal parking lot right next to this business.
Commissioner Duren made a motion, seconded by Commissioner Sarno, to approve SPR#1287 for a change of use to allow the production and selling of air-brushed and printed tee shirts, custom license plates, and key chains at 94 Pearl Street in a TVCZ District, Map 24, Lot 116. The motion was approved by a 7 - 0 - 0 vote.
BOND RELEASES
a. PH #2151/2158 - Request for landscape bond release in the amount of $6,900 for Riverview Estates (off Old King St).
This bond release was tabled to October 7, 2004.
b. PH #2265 - Request for Erosion & Sediment bond release in the amount of $4,700and Engineering Bond in the amount of $116,500 for Tennis Club at 226 Shaker Road.
This bond release was tabled to October 7, 2004.
OTHER BUSINESS
a. Preliminary discussion with Michael O'Brien regarding parcel of property on corner of Shaker and Elm.
Michael O'Brien appeared before the Commission regarding a proposed use for the parcel of property on the corner of Shaker and Elm Streets which was formerly the Lutwinas Farm.
Mr. O'Brien stated over the last few years, the uses they have pursued have not been suitable. They bought all the property from the Lutwinas' except for the two homes on Shaker Road. This totaled approximately fourteen acres. Their property purchase does include the former pool company and the shoe repair business.
Mr. O'Brien stated what they would like to bring forward is an idea that would allow them to utilize the tip of the property with a change of zone to Business Local which is compatible with the zone across the street. In exchange for that, they would like to donate all of the remaining ten or eleven acres to the Town for use as open space, soccer fields or similar uses.
Mr. O'Brien would like to hear comments from the Commission prior to having detailed plans done.
Mr. McGill asked about the proposed access. Mr. O'Brien stated everything is preliminary but their intent is to have an access on Elm Street directly across from the condominium development and to push one access as far out on Shaker Road as they could from the signal light.
Chairman DiPace asked if it would be possible to take the front triangular area so that it would line up with Ganny Terrace. This would line up the intersection with Shaker, Elm and Ganny Terrace. Chairman DiPace asked if it would be a possibility that the town would receive that small triangular area of land to line up the intersection so that the state can come in and realign the area and install a light.
Mr. O'Brien stated it is their property and that could be done. This would probably fix any problem of those located very close to the light and probably also help the 711 because the road comes in. If the light is relocated, it would be a good situation for everyone in the area.
Mr. Giner suggested by designing it so that it goes back would be worthwhile.
Mr. O'Brien stated that would be acceptable to them. They have the land and the ability to do that if it is the wish of this Commission. Chairman DiPace stated if the project could be shifted back and the town received the piece in the front where the triangle is located, if the state ever came in and wanted to do something, the town would own the property and could line up Ganny Terrace and Elm Street.
Mr. Giner stated the existing zone is I-1 which makes the property difficult to develop because it forces development to the back which is wet.
Mr. O'Brien stated the pink area on the site plan is the land proposed to be donated to the Town of Enfield. It is approximately eleven acres. He noted a trucking or manufacturing facility could be built at this location and he did not think the neighborhood would be happy about such uses.
Commissioner Hickey asked about the prospective tenants. Mr. O'Brien stated they have had discussions with a bank and they have a commitment from a major drug store company which has given them the economics to make this happen.
Regarding a proposed zone change, Mr. Giner noted the Commission cannot condition a zone change on something else occurring.
Chairman DiPace asked for a consensus from the Commission.
Commissioner Hickey stated this is a prime corner and based upon some of the comments from the neighborhood in previous applications about the character of the eleven acre rear piece, a lot of people wanted the land to remain as is.
Chairman DiPace and Commissioner Duren agreed this is a better application than the last one which was a multi-family project.
Mr. O'Brien stated this idea would eliminate the total use of the parcel because the land would be donated to the town. Also, if the town decided to build a ball field, it would be located directly across from the school.
Commissioner Hickey felt the proposal is an intriguing idea. Chairman DiPace agreed.
Commissioner Duren stated there would also be the possible improvement of the Ganny Terrace intersection.
Commissioner Egan asked if the land would be given to the Town or would the applicant consider a land trust. Mr. O'Brien stated he would do whatever would be of benefit to the Town.
Commissioner Egan had a concern that the donation of eleven acres of land to the Town would result in possible liability issues. He noted many towns are looking at the land trust to take over such land.
Chairman DiPace suggested the Commission inform the Town Council of this and ask them about their preference regarding the land proposed to be given to the town.
Mr. O'Brien thanked the Commission and stated he will be back with a formal application in the near future.
b. Discussion of Regulations relating to measuring distances between uses.
Mr. Giner noted the ordinance contains three sections which discuss distances. He outlined those three areas, liquor regulations, garages and service stations, and the measurement for commercial recreation uses and the various ways of measuring. He questioned if there should be a uniform distance for all three uses.
Mr. Giner stated the measurement for the commercial recreation area is included in the ordinance to address a previous application for a stadium. While that section has since been amended, the separation requirement was never addressed or changed.
Mr. Giner stated he has had preliminary discussions with an applicant for a proposed commercial recreation use. They have requested a possible change to that section to use the same system of measuring that is used by the liquor regulations. Such a change would allow them to proceed with an application for a special use permit. Without the change, the application would not be possible.
The Commission instructed that Mr. Giner submit a proposal for an amendment to the Commission for their review regarding a change to the regulations for measuring distances between uses. Chairman DiPace noted in discussion that he would not have a problem with using a 2,000' separation distance and having the distances measured similar to what is done for a liquor permit or from door to door. The Commission also cited the need to address Section 7.2 of the ordinance.
Mr. Giner will submit a proposed amendment which will require CRCOG approval and a public hearing.
c. Discussion and approval of 2005 meeting dates
The Commission recommended a change to the September, 2005 meeting dates or to September 8, 2005 and September 22, 2005. The June, 2005 meeting dates were not changed but kept at the first and third Thursday.
d. Applications to be received
The following applications were received by the Commission:
PH#2471 - Application for a special use permit approval of a 4th apartment as an efficiency apartment at 31 South Street, zoned R-33, Map 24, Lot 125, Gian & Lucy Improta, Applicants/Owners.
A public hearing will be scheduled for October 21, 2004.
PH#2472 - Application for a special use permit to keep commercial vehicle on property at 2 Cornfield Lane, zoned R-44, Map 86, Lot 301, Earl Reynolds, Applicant/Owner.
A public hearing will be scheduled for October 21, 2004.
PH#2473 - Application to petition for a zoning text change regarding the Business Professional Zoning District, Michael J. Trazinski, Pastor, Open Gate Ministries, Applicant.
A public hearing will be scheduled for October 21, 2004.
PH#2474 - Application for a special use permit for operation of a place of worship in an existing building in the Business Professional (BP) District. It is a change of use of existing floor space at 139 Hazard Avenue, Building 4, zoned BP, Map 65, Lot 76, Michael J. Trazinski, Pastor, Open Gate Ministries, Applicant/Denis LeTourneau, Owner.
A public hearing will be scheduled for October 21, 2004.
SPR#1288 - Application to review area for ramp at 7A and 2K Thistle Lane, zoned R-33, Map 25, Lot 133, Arthur Lawson, Applicant/Freshwater Pond Ltd. Housing, Owner.
This item will be handled administratively by Mr. Giner.
SPR#1289 - Application for site plan review (Administrative Approval Requested) for shed at 200 Phoenix Avenue, zoned I-1, Map 46, Lot 18, Enfield Fire District, Applicant/Owner.
This item has been approved administratively by Mr. Giner.
e. Johnson Memorial Hospital - Request for Extension - SPR#1193
Commissioner Duren made a motion, seconded by Commissioner Krebs, to extend the approval of SPR#1193, Johnson Memorial Hospital, for one year. This was an application to add a small break room and to rearrange some interior space. The motion was approved by a 7 - 0 - 0 vote.
ADJOURNMENT
Commissioner Krebs made a motion, seconded by Commissioner Hickey, to adjourn. Following a unanimous vote, the Commission adjourned at 9:16 p.m.
Respectfully submitted,
_____________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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