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PLEASE NOTE ALL MINUTES POSTED ARE UNOFFICIAL UNTIL VOTED ON BY THE COMMISSION - PLEASE SEE TOWN CLERK FOR OFFICIAL COPIES OF MINUTES.
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
JULY 8, 2004
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, July 8, 2004 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman DiPace called the meeting to order at 7:33 p.m.
Present: Anthony DiPace, Chairman
Charles Duren
Robert Egan
James Hickey, Jr.
Karen Krebs
Karen Weseliza
Samuel McGill, Alternate
Kathleen Sarno, Alternate (7:45 p.m.)
Nicles Lefakis, Alternate (7:34 p.m.)
Also Present: Jose Giner, Director of Planning
Commissioner McGill was seated as a full voting member.
MINUTES:
A motion was made by Commissioner Krebs and seconded by Commissioner Hickey to accept the minutes of the meeting of June 3, 2004 as presented. Vote was 7-0-0.
A motion was made by Commissioner Krebs, seconded by Commissioner Hickey to accept the minutes of the meeting of June 17, 2004 as presented. Vote was 6-0-1 (Krebs).
4. Staff Comments
a. Town Attorney (in person)
Ms. Stavropoulos updated the Commissioners on the RYA, et al case. The Appellate Court has agreed to hear the PZC's appeal. It is anticipated that the case will be heard in October, 2004.
b. Zoning Enforcement Officer
Mr. Giner noted that Mr. Bickley was not able to be present. He briefly reviewed the ZEO's Report and mentioned that most of the businesses on the home business report are locations for phone answering type activities. No equipment is kept on sites. If Commissioners have a concern on a specific site, they should let Mr. Bickley know.
Chairman DiPace noted that it was erroneously reported that tattoo dye was being manufactured at a residential address. The address is the location of the website only. It is a home based office.
c. Director of Planning & Community Development
Mr. Giner noted that concerns have been raised over the ability of the Town to enforce the age restriction at "Over 55 Senior Housing" developments. These are on the land records as a Special Use Permit. It would be unethical of the seller to allow purchase by someone younger than age 55. Developers have agreed to supply proof that the first buyer is over 55, but no way to ensure that future purchasers qualify.
Mr. Giner suggested that future specific complaints be taken up on a case-by-case basis.
Mr. Giner noted that Bernie's on Route 5 has requested to change the sign. It will blend in with the roof line and will be on the showroom only. While this can be taken care of on the administrative level, he wanted the Commission to be aware of the change. It was the consensus of the members that as long as the sign meets the Town's sign requirements, no action by the Commission is necessary.
Mr. Giner noted that the Town has requested to add sidewalks to the Town Green. Commissioner Duren noted that the Memorial itself was never brought before the Commission.
In response to Mr. Giner's request of how this be handled, it was the consensus of the Commission that as long as the walks consist only of the three highlighted on the plan shown to them, it could be handled administratively.
The Raffia Road Service Station has already cut off one driveway to prevent people from cutting across the gas station to the adjacent parking lot. Because the added curbing needs site approval, this cannot be handled administratively. This item will be added to the July 22, 2004 agenda.
Mr. Giner reported that he has software and a digital camera available to produce photo ID's for the Commission members. Contact him to make an appointment.
Mr. Giner also reported that the Town Council met several weeks ago and voted to have the Planning & Zoning Commission act as Aquifer Protection Agency for the Town. No action is needed until the Agency rules are completed. Mr. Giner also informed the State of the Town's willingness to host a regional information meeting on the new Agency.
Mr. Giner asked when the Commissioners wish to hold a meeting on awning information. Chairperson DiPace requested that it be held in late September, 2004.
Mr. Giner noted that he distributed a draft agenda for the upcoming July 22, 2004 meeting.
5. Public Participation:
Richard Villeneuve of 10 Field Road expressed disappointment over the procedure of notification followed for PH #2436 and submitted 6 documents into the record. These included correspondence between various Town offices encouraging quick action on MassMutual's request of text amendment. He felt also that the notification system to residents for public hearings is inadequate and ineffective.
Ms. Evelyn Johnson of 71 Foxcroft Road began to speak about MassMutual but was stopped by the Chairman because this item is part of the evening's agenda.
6. Correspondence
Items of correspondence were as follows:
Copy of letter from Chairman DiPace to Richard W. Villeneuve regarding PH. #2436
06/23/04 Notice of Action by Historic District Commission
06/15/04 Notice of Action by Inland Wetlands & Watercourses
7. Commissioner's Correspondence:
There were no items of correspondence brought up by Commissioners for discussion.
8. PUBLIC HEARINGS - Continued from June 17, Notice 2004 meeting
a. PH#2450 - Special Use Permit for the un-merger of lots to allow the creation of an additional building lot at 41-43 Belmont Avenue, zoned R-33, Map 38, Lot 58, David Karat, Owner/Applicant. (Must close by July 8, 2004).
The applicant was not present. Mr. Giner reviewed his memo to the Commission, dated 7/8/04. He also provided photos of the site as it now exists. He noted that the driveway is still in existence, as it is the only means of access to house #41. The lot to be created would meet the regulations but that doesn't show the current lot with 2 houses on an even smaller, non conforming lot. He also expressed concern for off street parking availability.
At this time, the hearing was opened for public comment by Chairman DiPace.
Ms. Shannon Nicewater, 47 Belmont Avenue voiced concern over the parking issues and loss of private space. She asked if the lot is large enough to build on. The driveway has been removed. It was of blacktop material but the gravel and dirt remain. She assumed the driveway was removed to move the lot line. A grassed lot for the two homes is already being shared for parking.
This public hearing was closed at 8:02 p.m. A motion was made by Commissioner Duren and seconded by Commissioner Krebs to approve a special use permit for the un-merger of lots to allow the creation of an additional building lot at 41-43 Belmont Avenue. Vote was 0-7-0. Lack of parking and lot requirements (reference memo dated 7/8/04 by Mr. Giner) and 2 houses already on one lot were the stated reasons for denial.
READING OF THE LEGAL NOTICE
9. PUBLIC HEARINGS - NEW
a. PH #2453 - Application for Special Use Permit for modification of existing office facility to add surface parking, a parking garage structure and a heliport at 100 Bright meadow Blvd., Zoned BR, Map 35, Lot 220, Massachusetts Mutual Life Insurance Co., Applicant/Owner.
Attorney Susan Hays represented the applicant. Commissioner Lefakis was seated for this public hearing.
Ms. Hayes submitted a signed affidavit and certified letter receipt to Connecticut Water Company regarding PH #2453.
She explained that the purpose of the application is for modification of the site to add additional surface parking, a parking garage, and a heliport. The application was first submitted in mid-May, 2004 and the applicant has met numerous times with Staff and attended ART meetings. A wetlands permit was received from IWWCA on July 6, 2004.
Mr. Steven O'Neil of VHB reviewed the proposed plans with the Commission. He presented an aerial view of the 65.52 acre site. He explained that there are currently 1,175 parking spaces, equaling 2.7 spaces per 1,000 square feet of building. The typical allowance is for 5 parking spaces per 1,000 square feet. The existing building was utilized at approximately 70% capacity by the previous owner.
The applicant proposes to add a total of 1,825 spaces. 1,501 spaces would be located in a 6 story parking garage, located over ¼ mile from Brainard Road. The remaining 324 spaces would be created through utilizing 181 spaces in the area originally designated as "future parking", 82 spaces in an existing landscape island area, and 55 spaces by reducing the current space sizes from 9' wide to 8 ½' wide.
He stated that it would not be feasible for the applicant to come back in the future to request additional decks to the garage, so although there are no plans now to use all of the proposed spaces, they will likely be needed in the future and it is most logical to build them now.
Mr. O'Neil briefly reviewed the drainage of the various surface parking areas, all of which meet the IWWCA permit regulations.
The garage will have a fire lane around it and a fire hydrant as required.
The helistop will be located behind the garage, away from Brainard Road. It will be 80'x80'. A perimeter fence will be installed. Areas of the fence visible from Brainard Road will be ornamental fencing; other areas will be 6' tall chain link fence. There will be emergency access only from Brainard Road.
The applicant will use existing loading areas.
Additional landscaping will be provided for additional buffering for neighbors.
Parking and drainage meet or exceed the Town's design standards. The drainage infrastructure is already in place. A bio-filtration system is being added to drain into wetland #2, effectively feeding the wetlands. A particle separator is being added to help protect the wetlands from sediments.
A detention basin for the helistop and garage will catch runoff flows, then discharge into the wetlands.
Mr. O'Neil went on to explain that there will be no additional office space, only full use of the existing space.
The site is close to 4 signaled intersections. The applicant met with the D.O.T. and town Staff regarding existing and future forecast traffic. It was determined that 85% of the trips will access Route 91, 17% will head north on Route 5 and 12% will head south on Route 5. 96% of the trips out of Brightmeadow Blvd. will head left. A second left hand turn lane will be added through striping and minor signal phase timing changes will be made. A full report is on file and was submitted during the ART process.
Mr. O'Neill gave a quick review of the proposed garage elevations. The building will be 70' tall and include both an elevator and staircases. It will have a footprint of 200' x 400' and approximately 250 spaces per level. It will be of pre-cast concrete panels in a buff color. It will have a double ramping system. The roof level will have snow chutes for snow removal. The snow will then be hauled off site or in a snow stockpile area on site.
In response to a question by Chairman DiPace, Ms. Hays stated that no sign is currently planned for the garage. Most of the building will not be visible except from on the site so it would not serve much purpose.
Ms. Hays explained the proposed helistop. She stated that its' purpose will be to provide a place for pick up or drop off and then the helicopter would leave the site. There would be no flying over neighborhoods or sightseeing activities.
The applicant is aware of safety and noise issues regarding the flight operation. Ms. Hays provided specifications for the Sikorsky S76C+, the proposed helicopter to be used at the site. It is a 2 engine machine, holds 281 gallons of fuel to run 361 nautical miles. It holds a total of 14 - 2 crew members and 12 passengers but has been modified to hold only 2 crew members and 8 passengers. This is the smallest helicopter with 2 engines, a safety measure required by the applicant.
The proposal is for an average of 3 round trips per weekday and possibly 3 to 4 weekend round trip flights per month.
The 1st touch down would be shortly after 7:00 a.m. and the last return of the day, a bit before 6 p.m. On weekends, generally no flights would begin earlier than 11:00 a.m. or return later than 4:00 p.m.
Ms. Hays offered to restrict these plans further by limiting the number of flights per week to 25 and hours of operation to between 7:00 a.m. and 7:00 p.m. on weekdays and 11:00 a.m. to 6:00 p.m. The only exception would be in the case of an emergency.
She went on to explain that the flights have 2 pilots on board. One does the flying, the other checks the area when landing. Once landed, the engines go to idle and the co-pilot escorts the passengers on or off the aircraft and then the helicopter takes off. The process takes approximately 10 minutes.
After the last flight of the day, the helicopter heads either to Bradley Airport or to the Springfield, MA location.
The regulations require submittal of vertical and horizontal landing and takeoff plans.
Ms. Hays briefly reviewed the flight path intent. She noted that it is dependent on wind and the direction of the wind.
The flight will take off to the southwest and be re-directed by Bradley to get out of the flight path of aircraft flying into or out of Bradley.
She noted that the heliport site was established in an area with the least impact to neighbors. Other areas of the site were preferable, but they were located too close to neighbors.
The current site is a minimum of 2,000 feet from the closest dwelling.
Ms. Hays reviewed safety factors regarding the helicopter and flight procedures. She stated that there are 2 pilots on every flight, although the aircraft is rated for 1 pilot. It has twin engines; in case one fails, one would still be able to land the helicopter safely. She added that MassMutual has never had an accident in over 26 years.
All pilots are certified and have first class medical certificates and most have over 5,000 hours of experience. They are well trained to deal with emergency situations and would try to take the helicopter to the closest airport first, if in the air, or if on the ground, would stay on the ground until it was repaired. The pilots are in constant contact with MassMutual flight operations in Springfield, MA.
The company holds $300,000,000 of insurance per occurrence.
There will be no maintenance or fueling of the helicopter on site.
As Section 7.10 of the Enfield Zoning Regulations require, the helicopter and associated activities will conform to the Town's noise ordinances. Ms. Hays added that the applicant must also comply to federal FAA requirements regarding noise. The proposed type of helicopter does comply with these and Town regulations. It cannot exceed 99.97 decibels. Levels during take off, landing, and flyover are lower than this.
Ms. Hays continued that the helipad site is near forest, grass, shrubs and the proposed garage all of which will work to dampen the noise. The intent is to fly in at a height and manner so as not to disturb the neighbors. She added that MassMutual belongs to the Helicopter International Association which has processes and procedures to minimize impact to neighbors. They also participate in the "fly neighborly" program.
The applicant's application packet includes current noise levels and noise levels of the helicopter in Springfield, MA, although it is a totally different situation here.
Commissioner Weseliza asked if there would be weekend business flights.
Ms. Hays responded that there would be occasional flights of employees, consultants, and vendors.
Commissioner McGill noted that the noise report showed that emergency sirens rated louder than the helicopter in Springfield.
In response to a question regarding maintenance, Ms. Hays stated that the helicopters would receive maintenance when scheduled or otherwise required at either the hanger at Bradley Airport or the facility at Springfield, MA MassMutual.
At this time Chairman DiPace opened the hearing for public comment and reminded speakers of the 5 minute time limit on comments.
Mr. Paul Vaneisenbron of 11 Colony Road noted that it was not long ago that the Town Council was fighting Bradley Airport over changes in the flight paths and now the same noises are being put "in our backyard". He feels this is benefiting only a few businessmen and not the community at large. Springfield is not a long drive.
Terry Ginsberg of 8 Roy Street spoke against the application commenting on the noise waking her children and making dogs bark.
Ray Charland of Fairlane Road felt it would have a negative impact on his neighborhood.
Kim Kuwalcheck of 35 Foxcroft Road stated that having the garage would be okay but sees no benefit to the neighborhood for the helicopter. It is only 9 miles to Springfield.
Howard White of 14 First Avenue worked at Emhart and stated that all customers and clients flew in and out of Bradley Airport.
Evelyn Johnson of 71 Foxcroft Road stated that her house is her retirement investment and doesn't want declining property value because of the noise. She suggested the applicant use the train in Windsor or fly from Springfield. She wants a quiet neighbor, not a disruptive one. She added that she feels the Town of Enfield is not helping her protect her property.
Todd Mangini of 41 First Avenue noted that the intended flight path interferes with the Bradley flight path and will be in the path of two daycare centers. He feels the conditions are too "wishy-washy", not specific and that the rules could be stretched out because they are not black & white.
Juliet of 3 Catherine Road feels that the neighborhoods are beautiful and the helicopters would lower the quality.
Susan Smith of 115 Brainard Road strongly objects to the helicopter coming and going from MassMutual. Her backyard has numerous types of wildlife and would like an environmental impact study. It is only 10 minutes to Springfield and 20 minutes to Bradley.
Karen Chung, widow of Reverend Chung who served at the church on Brainard Road noted how shocked he was at the noise level of a jet flying over during a sermon. She is against the helicopter application.
Joyce Baker of 33 Foxcroft Road agrees with the others. Her home is close to the heliport and asked that the peacefulness not be taken away.
John Rinaldi of 20 Ridge Road noted that as a town official, he was representing himself only and asked that the standards for heliport design be submitted. He takes no position.
Mr. Villaneau noted that he is also a town official, on the Ethics Commission and submitted a written statement from Cheryl Lash of Brainard Road. He also read parts of the Enfield Regulations pertaining to Special Use Permits and referenced PH 2310, Lia Volkswagon where it was established that an application that is not in harmony with the neighborhood can be denied. He referenced also the Plan of Conservation and Development which showed that residents did not want commercial entities in residential areas.
Jim Undergood of 43 Foxhollow Road stated that he has worked with sonar and bands for sound and the kind of noise from the helicopter needs to be considered. He feels that they will be flying low at times because of the Bradley flight path.
Marjorie MacNeal of 10 Lancer Drive is pastor for the United Methodist Church and asked if changes made to the MassMutual property would affect the church's future plans for expansion.
Carol of 17 Impala Drive is opposed to the helipad noise and depreciation of property. She has family members who sleep during the day.
V. Dion of 59 First Avenue is used to the noise of Rte 91 and the flight patterns but is concerned over the added tension and stress of helicopter noise.
Ms. Hays stated that she did not feel that the future use of the church property would be affected by MassMutual's application.
The applicant will comply with the Town and Federal requirements and if not, there will be enforcement action and the activity will have to stop.
She added that residents have a private right to sue if all Town and Federal regulations are met and they still feel it is a nuisance.
Mr. O'Neil added that because of the density of employees (2,400+), the applicant needs quick access to other areas.
Ms. Hays added that it is not only high ranking officials that would use the helicopter. Also, employees from New York would be coming in and also, the company needs to be efficient and competitive.
The public was again given opportunity to comment.
Jim Undergood of 43 Foxhollow Road still feels that traveling by car to Springfield is better and also noted that most residents could not afford to take private action.
Mr. Villaneau felt that the elevations on the map are deceiving and also feels the decibel level is inaccurately represented and not less noisy than current flight traffic. He also asked what would happen if the company purchased a larger helicopter, or if clients came in on their own helicopters. He feels that there are too many variables that the Town cannot control.
Dan Justice of 17 Brainard Road noted that the church has long term plans to expand and asked if removal of the trees in the buffer would affect those plans.
Chairman DiPace responded that it is a whole different issue and that would be the Church's buffer, not that of MassMutual.
Mr. Paul Vaneisenbron of 11 Colony Road felt that based on the number of proposed flights and seating capacity, this will benefit only about 18 people, not 2,400. Is there a limit of landings at the heliport by other helicopters?
Doris Justice of 17 Brainard Road expressed concern for her daughter who attends the church daycare center.
Commissioner McGill noted that all take off and landings are below 90 decibels.
Ms. Hays noted that the applicant is not using any portion of the church site and will not limit their use of their own property. Also, there is a daycare on site at both Springfield and Enfield. The Springfield site has mostly employees' children. The company is very concerned with safety.
Ms. Hays added that MassMutual is a property owner also and as such, has as many rights as the neighbors. The Enfield Regulations for heliport use will be adhered to.
The only ones permitted to use the helipad will be for MassMutual use or others as an accessory use or State Police, Life star, or some other emergency use.
The applicant is agreeable to use less than the hours permitted and feels there is no adverse impact on the immediate neighborhood. This is a 65 acre site and more than ¼ mile from the closest dwelling. The use is consistent with the commercial area to the north of the site.
Members held brief discussion of Mr. Giner's memo dated July 8, 2004 regarding modification of the buffer yard standards near 237 Brainard Road. The applicants have requested a waiver of the requirement.
Mr. Giner also noted that he received an e-mail from the Fire Marshal who said that the application meets specifications but he will have additional comments when the building permit is applied for, as will the Town Engineer.
There has been no response from the Water Company and they have had 35 days to respond.
Commissioner Egan asked if the permit could be approved for 1 year with conditions.
Mr. Giner stated that the Town's attorney has discouraged this in the past, unless the applicant offers this option.
Commissioner Egan asked when the year would start.
Mr. Giner stated that the permit is valid for 1 year from the start of activity.
Commissioner Egan asked what the Commission is being asked to vote on. Is it both the garage and helicopter as one or separately.
Mr. Giner responded that they are being presented as one, however the Commission has the authority to modify, approve, and condition the permit.
Commissioner Weseliza asked if there were any way to mediate to help the residents.
Ms. Hays noted that if the residents don't want the heliport under any circumstances, there is nothing to mediate. There is no common ground.
Commissioner Duren read a letter from resident David Smith of 35 Montana Road, received June 30, 2004. He is against the heliport.
Commissioner Krebs asked the members to consider waiting until the July 22, 2004 meeting to vote on this application.
A member of the audience asked if any research had been done and submitted by someone other than the applicant and asked if other municipalities could provide information on the impact of similar activity and development.
This public hearing was closed at 10:11 p.m. A motion was made by Commissioner Hickey and seconded by Commissioner Duren TO APPROVE PH #2453 - Application for Special Use Permit for modification of existing office facility to add surface parking, a parking garage structure and a heliport at 100 Bright Meadow Blvd., Zoned BR, Map 35, Lot 220, Massachusetts Mutual Life Insurance Co., Applicant/Owner. This approval is granted subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans
"Massachusetts Mutual Life Insurance Company 100 Bright Meadow Boulevard, Enfield, Connecticut, Site Plans Issued for: Planning & Zoning Commission; Date Issued: May 12,2004; Latest issue: June 25, 2004" Index Sheet w Site Location Map - by VHB, Vanasse Hangen Brustlin, Inc.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Legend and General Notes", Sheet C-1, by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Overall Site Plan", Sheet C-2, Scale 1"=100', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Existing Conditions Plan", Sheet C-3, Scale 1"=100', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Layout and Materials Plan", Sheet C-4 Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Layout and Materials Plan", Sheet C-5 Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Layout and Materials Plan", Sheet C-6 Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Grading, Drainage and Utility Plan", Sheet C-7, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Grading, Drainage and Utility Plan", Sheet C-8, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Grading, Drainage and Utility Plan", Sheet C-9, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Sediment and Erosion Control Plan", Sheet C-10, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Sediment and Erosion Control Plan", Sheet C-11, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Sediment and Erosion Control Plan", Sheet C-12, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Landscape Plan", Sheet C-13, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Landscape Plan", Sheet C-14, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Landscape Plan", Sheet C-15, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Site Details 1", Sheet C-16 Scale: "As Noted", by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Site Details 2", Sheet C-17 Scale: "As Noted", by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Site Details 3", Sheet C-18 Scale: "As Noted", by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Site Details 4", Sheet C-19 Scale: "As Noted", by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Site Details 5", Sheet C-20 Scale: "As Noted", by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Profile of Garage", Sheet C-21, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Helistop", Sheet H-1, Scale: "As Noted", by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Heli-stop Flight Path", Sheet H-2, Scale: 1"=300', by VHB, Vanasse Hangen Brustlin, Inc., dated May 12, 2004, revised to 6/25/04.
"Massachusetts Mutual Financial Group Company, Enfield, Connecticut, Issued For: ALTA/ACSM Land Title Survey, Property Line Survey 100 Bright Meadow Blvd, Brainard Road", Sheet Sv-1, Scale 1"=80', by VHB, Vanasse Hangen Brustlin, Inc., dated March 24, 2004, revised to 5/12/04.
"Massachusetts Mutual Financial Group Company, Enfield, Connecticut, Issued For: ALTA/ACSM Land Title Survey, Property Line Survey 100 Bright Meadow Blvd, Brainard Road", Sheet Sv-2, Scale 1"=80', by VHB, Vanasse Hangen Brustlin, Inc., dated March 24, 2004, revised to 5/12/04.
"Massachusetts Mutual Financial Group Company, Enfield, Connecticut, Issued For: ALTA/ACSM Land Title Survey, Topographic Survey 100 Bright Meadow Blvd, Brainard Road", Sheet Sv-3, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated March 24, 2004, revised to 5/12/04.
"Massachusetts Mutual Financial Group Company, Enfield, Connecticut, Issued For: ALTA/ACSM Land Title Survey, Topographic Survey 100 Bright Meadow Blvd, Brainard Road", Sheet Sv-4, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated March 24, 2004, revised to 5/12/04.
"Massachusetts Mutual Financial Group Company, Enfield, Connecticut, Issued For: ALTA/ACSM Land Title Survey, Topographic Survey 100 Bright Meadow Blvd, Brainard Road", Sheet Sv-5, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated March 24, 2004, revised to 5/12/04.
"Massachusetts Mutual Financial Group Company, Enfield, Connecticut, Issued For: ALTA/ACSM Land Title Survey, Topographic Survey 100 Bright Meadow Blvd, Brainard Road", Sheet Sv-6, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated March 24, 2004, revised to 5/12/04.
"Massachusetts Mutual Financial Group Company, Enfield, Connecticut, Issued For: ALTA/ACSM Land Title Survey, Topographic Survey 100 Bright Meadow Blvd, Brainard Road", Sheet Sv-7, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated March 24, 2004, revised to 5/12/04.
"Massachusetts Mutual Financial Group Company, Enfield, Connecticut, Issued For: ALTA/ACSM Land Title Survey, Topographic Survey 100 Bright Meadow Blvd, Brainard Road", Sheet Sv-8, Scale 1"=40', by VHB, Vanasse Hangen Brustlin, Inc., dated March 24, 2004, revised to 5/12/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Exterior Elevations", Drawing No. A1, Scale" 1/16"= 1'-00", by Carl Walker, Inc., revised to 6/25/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Exterior Elevations", Drawing No. A2, Scale" 1/16"= 1'-00", by Carl Walker, Inc., revised to 6/25/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Level 1 Floor Plan", Drawing No. A3, Scale" 1/16"= 1'-00", by Carl Walker, Inc., revised to 6/25/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Level 2 Floor Plan", Drawing No. A4, Scale" 1/16"= 1'-00", by Carl Walker, Inc., revised to 6/25/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Level 3 Floor Plan", Drawing No. A5, Scale" 1/16"= 1'-00", by Carl Walker, Inc., revised to 6/25/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Level 4 Floor Plan", Drawing No. A6, Scale" 1/16"= 1'-00", by Carl Walker, Inc., revised to 6/25/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Level 5 Floor Plan", Drawing No. A7, Scale" 1/16"= 1'-00", by Carl Walker, Inc., revised to 6/25/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Level 6 Floor Plan", Drawing No. A8, Scale" 1/16"= 1'-00", by Carl Walker, Inc., revised to 6/25/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Photometric Plan", Sheet Ph-1, Scale: 1"=40' by Lighting Affiliates., dated May 12, 2004, revised to 6/10/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Photometric Plan", Sheet Ph-2, Scale: 1"=40' by Lighting Affiliates., dated May 12, 2004, revised to 6/10/04.
"Massachusetts Mutual Life Insurance Company, 100 Bright Meadow Boulevard, Enfield, Connecticut, Issued For: Planning & Zoning, Photometric Plan", Sheet Ph-3, Scale: 1"=40' by Lighting Affiliates., dated May 12, 2004, revised to 6/10/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Photometric Plan Typical Level", Drawing No. PH-4, by Carl Walker, Inc., revised to 6/25/04.
"Massachusetts Mutual Financial Group Bright Meadow Campus Parking Structure, Enfield, Connecticut, Photometric Plan Typical Level", Drawing No. PH-5, by Carl Walker, Inc., revised to 6/25/04.
Conditions to be Met Prior to Signing of Mylars:
1. All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
3. The applicant shall submit fiver paper copies of the draft mylar for final review by the Fire Marshall, Town Engineer, Traffic Safety Officer, Water Pollution Control Division and Planning Department Staff.
4. 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.
5. The final Mylar shall contain the application number (PH #2453) prominently displayed on the Index Sheet and above the Title Block.
6. A schedule and description of responsibility for maintenance of the storm water system shall be on the mylars.
Conditions to be met prior to the issuance of permits:
7. One sets of final mylars, and two set of paper plans, with any required revisions incorporated on the sheets, shall be submitted to signature to the Commission. The signed mylars shall be filed with the Town Clerk.
8. 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.
9. A pre-construction meeting with Town Staff shall be held.
10. The Engineering Division shall review and approve the final detailed drainage calculations and plans for the parking structure.
11. 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.
12. 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.
13. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
Conditions which must be met prior to the Issuance of a Zoning Certificate of Compliance:
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. Helicopter flights shall be limited to a maximum of 20 round trips per week.
17. Except for emergencies, the permitted hours for take-offs and landings shall be limited to between 7:00 a.m. and 7:00 p.m. on weekdays and 11:00 a.m. to 6:00 p.m. on weekends.
18. 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. This includes modifications that may be required by either State or Federal Agencies.
19. The Helicopter operations shall be conducted and maintained in accordance with the plans submitted and the requirements of Section 5.20.1, Note 25 of the Enfield Zoning Regulations.
20. This project is also subject to conditions of Inland Wetlands Permit approval.
21. Failure to secure a building permit by July 8, 2005 shall render the Special Use Permit null and void. The Commission may grant an extension upon receipt of a written request from the applicant in accordance with the Zoning Regulations.
22. 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.
23. Permit shall be restricted to a Sikorsky S76C+ aircraft in accordance with the corresponding item submitted for the record. Any changes in aircraft must come before the Commission. Vote was 7-0-0 Reason for approval was that the applicant demonstrated that it met all the requirements for approval.
b. PH #2454 - Application for a change of use from auto repair to auto repair and sales, and renovations to building interior and façade at 809 Enfield Street, Zoned BL, map 29, Lot 72, Dana Steele, Applicant/Linda Ronan, Owner (Must close by 7/22)
Attorney Tom Tyler, Dana Steele of J. R. Russo & Associates and Steve Draculos represented the applicant.
Mr. Tyler explained that the building is the former Brake King located directly across from the Town Hall. The applicant has met all of the requirements except those of the Fire Marshal and feels the demands are not within the law to some degree, particularly the fire lane. No law allows the Fire Marshal to dictate the fire lanes for this type of structure and use.
The building has an interior sprinkler system and the applicant is willing to install an alarm system as well. This satisfied the Assistant Fire Marshal but will not likely satisfy the head Fire Marshal.
It was noted that the actual applicant is 809 Enfield Street, LLC, not Dana Steele.
The property is located on the east side of Enfield Street with the driveway directly across from the Town Hall entrance.
The zone was changed to B General and the proposed use is within the permitted use. It is currently empty and the applicant proposes to return it to a car dealership.
The applicant hopes to address the appearance of the building.
Safety, sidewalks and landscaping issues were addressed through ART meetings. There is a state highway line along the front of the property. It is not feasible to eliminate pavement along the front. Work at the site does require approval from D.O.T. after Town approval is received.
There was a site line issue on Park Avenue in regards to the trees located there. The branches and smaller trees have been removed. Staff has requested and the applicant has agreed to install sidewalks, but there is no continuation onto the next property.
The islands are very narrow and no changes are possible to the layout of the site.
The applicant proposes planting short ornamental grasses (18-24") and mulch. If the trees need to stay, the sidewalks could not be installed. The applicant is willing to remove the trees. The utility poles' location create the need for a curved sidewalk.
The site does not have ideal access. It is understood that loading and unloading of vehicles is not allowed on Park Avenue or Enfield Street. There will be a designated area on site - painted and marked "no parking". For a 50' wheel base truck, there may be slight encroachment on the curbs. If the truck moves slowly enough, though, the driver should be able to make the turns without hitting the curbs. If a larger truck delivers, it will be directed to the applicants' other property and the cars will be individually driven to this site.
There are 12 existing parking spaces and no handicap spaces. As a repair facility, it actually required 30 spaces. If this were a new building, it would require 28, however the regulations only require that the applicant provide the difference between existing and what is required for the new use. Since that was more than what is required for new, there is no net increase. The applicant will also provide handicap parking and this will be located near the front door. Total parking spaces will be 19 regular and 1 handicap.
Mr. Steele presented a drawing which highlighted areas for vehicles on display.
A new dumpster and screening will be installed as will access to the side of the building, as requested by the Fire Marshal.
Mr. Steele reviewed the proposed conditions of approval.
The applicant proposes 5 building mounted lights with full cutoffs. They will be 12' high. Also, there will be new soffit lighting on the building. The applicant would also like to reserve the possibility of lighting on utility poles in the future, as part of a future modification.
Hours of operation were discussed. The applicant would like the hours of 7:30 a.m. through 9:00 p.m., Monday through Saturday but would agree to what the Commission rules.
Mr. Draculus provided a drawing of the front elevation with the front of the building being of an earth tone color stucco material with a lighter color offsetting the showroom. New insulated glass would be installed and the applicant would possibly keep some of the existing windows.
The strip fluorescent lighting would be replaced with new lighting under the soffit to shine on the building. It would be a white light, not colored.
Mr. Steele noted that there is no sign application at this time, but the proposed sign does meet the Town's regulations.
Commissioner Lefakis preferred that the trees be removed. It is inappropriate for them to be under the power lines. He also asked what screening would be used behind the dumpster as a buffer for the neighbor.
Mr. Steele responded that the trees are actually located on the neighbor's property. The pavement goes to the end of the property line. The dumpster has a chain link fence and privacy slats.
This is not part of the Thompsonville Design.
Chairman DiPace agreed that the trees along Park Avenue need to be removed. A sidewalk in that area would be better. Also, this was originally a car dealership and he is pleased that it will revert to that use.
After discussion of delivery times and days, it was the consensus of the Commission that deliveries could be made from 7:30 a.m. to 10:00 p.m., seven days per week.
Commissioner Duren asked that the catch basin cleaning schedule be put on the plans.
Chairman DiPace reported that he received a letter from the Fire Marshal. He noted that many of the items in the letter are not related to Fire Marshal issues.
Mr. Steele stated that the pipe on the outside wall remains for a sprinkler system but it is not required. It needs a connector. What ever is required by the Building Code will be addressed.
Mr. Tyler noted that the fire department has access to the building from 2 streets. He also noted that he had tried to get in touch with Lt. Boula to make sure there are no outstanding issues but has had no response.
At this time, Chairman DiPace opened the hearing for public comment. No one in the audience came forward to speak.
This public hearing was closed at 11:07 p.m.. A motion was made by Commissioner Duren and seconded by Commissioner Hickey TO APPROVE PH #2454 - Application for a change of use from auto repair to auto repair and sales, and renovations to building interior and façade at 809 Enfield Street, Zoned BG, Map 29, Lot 72, Dana Steele, Applicant/Linda Ronan, Owner This approval is granted 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, Proposed Change of Use Motor Vehicle Sales Facility, 809 Enfield Street, Enfield, Connecticut, Prepared For 809 Enfield Street, LLC, 525 Enfield Street, Enfield, Connecticut." Sheet 1 of 3, Scale: 1"=20', by J.R. Russo & Associates, dated 5-19-04, revised to 6-30-04.
"LANDSCAPING & LIGHTING PLAN, Proposed Change of Use Motor Vehicle Sales Facility, 809 Enfield Street, Enfield, Connecticut, Prepared For 809 Enfield Street, LLC, 525 Enfield Street, Enfield, Connecticut." Sheet 2 of 3, Scale: 1"=20', by J.R. Russo & Associates, dated 5-19-04, revised to 6-30-04.
"DETAILS, Proposed Change of Use Motor Vehicle Sales Facility, 809 Enfield Street, Enfield, Connecticut, Prepared For 809 Enfield Street, LLC, 525 Enfield Street, Enfield, Connecticut." Sheet 3 of 3, Scale: 1"=20', by J.R. Russo & Associates, dated 5-19-04, revised to 6-30-04.
"Architectural Floor Plan, Renovation t 809 Enfield Street, For: 809 Enfield St., LLC. 525 Enfield St. Enfield, CT." Scale 3/16"= 1'-0", Sheet A1 of 4, by Roy S. Brown Architects, dated 5/18/04.
"Exterior Elevations: West, Renovation t 809 Enfield Street, For: 809 Enfield St., LLC. 525 Enfield St. Enfield, CT." Scale 3/16"= 1'-0", Sheet A2 of 4, by Roy S. Brown Architects, dated 5/18/04.
"Exterior Elevations , Renovation t 809 Enfield Street, For: 809 Enfield St., LLC. 525 Enfield St. Enfield, CT." Scale 3/16"= 1'-0", Sheet A3 of 4, by Roy S. Brown Architects, dated 5/18/04.
"Exterior Elevations, Renovation t 809 Enfield Street, For: 809 Enfield St., LLC. 525 Enfield St. Enfield, CT." Scale 3/16"= 1'-0", Sheet A4 of 4, by Roy S. Brown Architects, dated 5/18/04.
Conditions to be Met Prior to Signing of Mylars:
1. The final plans shall indicate that the proposed catch basin be hooded and a detail for such shall also be added.
2. All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
4. The applicant shall submit five paper copies of the draft mylar plans for final review by the Fire Marshall, Town Engineer, Traffic Safety Officer, Water Pollution Control Division and Planning Department Staff.
5. The final Mylar shall contain the application number (PH #2454) prominently displayed on each Sheet preferably above the Title Block.
Conditions to be met prior to the issuance of permits:
6. One sets of final mylars, and two set of paper plans, with any required revisions incorporated on the sheets, shall be submitted to signature to the Commission. The signed mylars shall be filed with the Town Clerk.
7. 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.
8. 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.
9. A pre-construction meeting with Town Staff shall be held.
10. 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.
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 Zoning 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. If the Applicant cannot realign the proposed sidewalk to avoid removal of the two trees, permission from the Town Tree Warden is required for the tree removals proposed.
15. No parking of cars or inventory or any other obstruction shall be permitted at any time in the area designated for car carrier unloading.
16. No lighting other than as shown on the site plan shall be permitted including any flood lighting on utility poles in the State Right of Way.
17. All site parking area lights must be turned off by 10:00 p.m..
18. There is to be no outside speakers permitted.
19. Dumpsters may only be serviced between 8:00 a.m. and 8:00 p.m.
20. Delivery of vehicles are limited to between 7:30 a.m. and 10:00 p.m.
21. 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. This includes modifications that may be required by either State or Federal Agencies.
22. Failure to secure a building permit by July 8, 2005 shall render the Special Use Permit null and void. The Commission may grant an extension upon receipt of a written request from the applicant in accordance with the Zoning Regulations.
24. 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. Vote was 7-0-0. Reason for approval was that the Permit brings the property back to its' original intent, site improvements, and addition of sidewalks.
At this time (11:10 p.m.), a motion was made by Commissioner Duren and seconded by Commissioner Lefakis to extend the meeting. Vote was 7-0-0.
Special Use Permit to allow parking of a commercial vehicle in a residential driveway at 22 Oxford St., Zoned R-33, Map 58, Lot 292, Christopher J. Cutter, Applicant/Owner. (Must close by 7/22)
Mr. Cutter came before the Commission. He explained that he has met the requirements of the regulations and has the support of his neighbors. He has a 2000 GMC box truck. He is self-employed to sell tools. His vehicle is in good condition and the lot is screened to the south and north. He presented photos to show the Commissioners. A photo of the actual truck is on file from a previous ZBA application.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak.
Commissioner Duren noted that the neighbor across the street does not have a direct view to the driveway of the applicant.
Mr. Giner added that there is existing vegetation to screen the truck from the neighbors.
This hearing was closed at 11:15 p.m. A motion was made by Commissioner Duren and seconded by Commissioner Hickey TO APPROVE PH #2455 - Application for Special Use Permit to allow parking of a commercial vehicle in a residential driveway at 22 Oxford Drive, Zoned R-33, Map 58, Lot 292, Christopher J. Cutter, Applicant/Owner.. This approval is subject to conformance with the application record and the following conditions:
Conditions to be Met Prior to Signing of Certificate:
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. This approval will become effective upon the filing of a Special Use 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.
General Conditions:
3. This approval is for a 2000 GMC VW5500 Matco Tools white and red truck having a Gross vehicle weight of 17,950 lbs, with a length of 25 feet 4 inches feet, a wheelbase of 176 inches and a height of 10 feet I inches. Any changes to the vehicle specifications as approved shall require a new approval by the Commission.
4. The vehicle shall be parked as indicated on the application record.
5. All landscaping and screening for the vehicle shall be maintained as indicated on the application record.
6. No hazardous materials or waste may be stored in the commercial vehicle.
7. No maintenance or repair of the commercial vehicle shall be allowed on the residential property.
8. There shall be no loading or unloading of commercial vehicles between the hours of 9 p.m. and 7 a.m.
9. The operation of this commercial vehicle shall comply with the Town's Noise Ordinance.
10. This permit is valid only as long as the commercial vehicle is owned or operated by the permanent resident of the property on which it is to be parked.
11. The use describe herein shall commence by July 8, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
12. By acceptance of this permit and conditions, the applicant, land owners, and their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval. Vote was 7-0-0.
c. PH #2456 - Application for modification of plans previously approved for the anticipated placement of temporary classroom trailers (2) at 1264 Enfield Street, Zoned HR-33, Map 19, Lot 68, Town of Enfield, Applicant/Owner. (Must close by 7/22):
Ms. Colleen Brand of the Public Works Department and Mr. Art Pongratz represented the applicant.
Ms. Brand explained that these are temporary classrooms until the construction of Enfield High School is complete, in approximately 3 to 6 months.
Commissioner Duren asked how the students get back and forth to the main school in in-climate weather.
Mr. Pongratz stated that there is no overhead covering planned at this time. Also the units for heat and air conditioning are side mounted.
The hearing was opened to the public for comment. No one in the audience came forward to speak.
This public hearing was closed at 11:22 p.m. A motion was made by Commissioner Duren and seconded by Commissioner Lefakis to approve this application with the conditions that there be no rooftop mechanicals and the trailers are to be removed prior to graduation of the class of 2005. Vote was 7-0-0.
d. PH #2458 - Application for Special Use Permit for a retail outlet to sell overstock or damaged (packaging) merchandise at 7 Moody Rd., Building #2, Unit D, Zoned I-1, Map 75, Lot 37, Jette Rasmussen, Applicant/Denis Lessard, Owner. (Must close by 7/22)
Ms. Rasmussen explained that she occasionally has requests to sell her products on a retail basis, although her main business is wholesale through her website, mail order and spas. The hours would be 9:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to noon on Saturdays.
The hearing was opened to the public for comment. No one in the audience came forward to speak.
This public hearing was closed at 11:27 p.m. A motion was made by Commissioner Duren and seconded by Commissioner Krebs TO APPROVE PH #2458 - Application for Special Use Permit for a retail outlet to sell overstock or damaged (packaging) merchandise at 7 Moody Rd., Building #2, Unit D, Zoned I-1, Map 75, Lot 37, Jette Rasmussen, Applicant/Denis Lessard, Owner., in accordance with the application record and the following conditions:
Conditions to be Met Prior to Signing of Certificate:
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. 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.
3. The applicant shall comply with any applicable requirements of the Building or Fire Codes.
General Conditions:
4. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
5. The sales use shall be operated in compliance with Section 6.30.4 of the Enfield Zoning Regulations.
6. Construction of facilities or initiation of the use approved herein shall commence by July 8, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
7. By acceptance of this permit and conditions, the applicant, land owners, and their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval. Vote was 7-0-0.
PH #2459 - Application for a Special Use Permit to change one non-conforming use to another (restaurant/catering to Hair Salon & Office), at 651 Enfield Street, Zoned R-33, Map 32, Lot 25, Nancy & Thomas Brocuglio, Sr., Applicant/Flying Wings Realty, LLC, Owner.
Mr. Giner explained that the applicant did not get the public hearing sign up in time so the hearing will have to be continued.
This hearing continued.
9. Old Business:
None
10. New Business
None
11. Bond Releases
a. PH #2148 - Request for erosion & sediment bond release in the amount of $4,430 for Neelans Road subdivision.
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to release this bond. Vote was 7-0-0.
b. SPR #1225 - Request for erosion & sediment bond release in the amount of 2,300 for Sterling Tool, 4 Peerless Way. .
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to release this bond. Vote was 7-0-0.
c. PHN#1753.04 - Request for release of $93,390 - Erosion & Sediment bond for expansion of the distribution center at 555 Taylor Road. .
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to release this bond. Vote was 7-0-0.
d. SPR #1223 - Request for release of $6,400 Engineering bond and $550 Erosion & Sediment bond for 71 Hazard Ave .
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to release this bond. Vote was 7-0-0.
13. Other Business
a.
b. Applications To Be Accepted The following applications were accepted by the Commission:
PH #2460 - Application for a re-subdivision to allow for a waiver of sidewalks on the Post Rd. 7 lot subdivision (Olde Post Road Acres - south side of Post Rd. - APPLICATION #PH 2308 - approved 5/16/02), Zoned R-44, Map 54, Lot 74, David Fredrick, Applicant. (Scheduled for July 22 Hearing)
PH #2461 - Application for a special use permit and site plan review for installation of a community (recreation) playscape and tot lot at Green Manor Park, Zoned R-33, Map 110, Lot 7, Town of Enfield, applicant/owner. (Scheduled for July 22 Hearing)
PH #2462 - Application for a special use permit for redevelopment of lots 22 & 23 on Enfield Street to accommodate new home for Enfield Federal Savings & Loan Bank at 851 & 867 Enfield Street, Zoned BL, Map 26, Lot #22 & 23, Troiano Professional Center LLC, applicant/owner. (Scheduled for September 2 Hearing)
PH #2463 - Application for Special Use Permit & Site Plan Review for installation of a playscape and tot lot for Brainard Park, Brainard Rd., Map 58, Lot 88, Town of Enfield, applicant/owner. (Scheduled for July 22 Hearing)
SPR #1278 - Application for modification of previously approved plans for atrium, patio, fire land at 100 Phoenix Avenue, Retail Brand Alliance, Applicant/Owner. (Scheduled for July 22 Agenda)
SPR #1279 - Application to finish siding on house at 53-57 College St., Zoned TVCZ, Map 27, Lot 103, Kenneth Swart, Applicant/Owner. To be determined
SPR #1280 - Application for cell tower antennas and equipment shelter at 111 Enfield Street, Zoned HR-33, Nextel, applicant/ Connecticut Water, owner. (Scheduled for July 22 Agenda)
SPR #1284 - Application for Installation of a Concession Stand at Powder Hollow Park Little League Field, Dusthouse Road, Zoned R-88, Assessor's Map 83, Lot 139, Town of Enfield, Owner/applicant. (Scheduled for July 22 Agenda).
14. Adjournment:
A motion was made by Commissioner Weseliza and seconded by Commissioner Krebs to adjourn the meeting at 11:34 p.m. Vote was 7-0-0.
Respectfully Submitted,
____________________________
Charles Duren, Secretary
Enfield Planning & Zoning Commission
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