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DRAFT: The Minutes presented here are draft only and have not been voted on by the Commission. Official copies of the Minutes are available at the Office of the Town Clerk after the Commission has voted on them.
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
MAY 6, 2004
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, May 6, 2004, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Vice Chairman James Hickey called the meeting to order at 7:30 p.m.
PRESENT: Anthony DiPace, Chairman (arrived at 7:40 p.m.)
Charles Duren
Robert Egan
Karen Krebs
James Hickey, Jr.
Karen Weseliza (arrived at 7:35 p.m.)
Nicles Lefakis, Alternate (arrived at 8:35 p.m.)
Samuel McGill, Alternate (voting)
Kathleen Sarno, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of March 25, 2004. The Minutes were approved by a 4 - 0 - 2 vote. Commissioners Krebs and Sarno abstained.
STAFF COMMENTS
a. Town Attorney (in writing)
b. Zoning Enforcement Officer (in writing)
Commissioner Duren complimented the Zoning Enforcement Officer on his recent listing of home occupations and asked if it would be possible to have a further delineation of the home occupations in this report by street instead of by year.
Commissioner Duren asked if these home occupations are renewed every two years. He noted that in reviewing the report, some streets look like they are almost commercial. Mr. Giner noted the difficulty of the renewal system and he stated an expiration date for such home occupations would need to be included in the regulations.
Commissioner Duren asked if Fletcher Road has gone to the Town Attorney's Office. Mr. Giner reported it has.
Commissioner Egan requested a clarification because the regulations are somewhat vague regarding what constitutes a personal service business. He noted Mr. Bickley has approved a lawn service, a cleaning service, and a painting service yet the regulations state that the businesses provide services of a personal nature to individuals or their personal property. Commissioner Egan felt the lawn service or the cleaning service is a commercial business. He did not feel the home occupation is applicable to lawn services, painting services or a number of the other businesses that have been approved. He requested a clarification from the Town Attorney's Office regarding what constitutes such a personal service business.
c. Director of Planning
Mr. Giner reported the Johnson Surgery Center was approved in 2002 for an addition which included a larger addition to the front to the right and a smaller addition of a 10' x 14' area for a break room. The Commission previously extended this approval for a year. They now are not going to do the addition on the right and plan to reconfigure the break room. Mr. Giner approved this plan administratively.
Mr. Giner reported Costco will be installing a black ball above their main entrance with an American Flag. Mr. Giner stated he will approve this administratively.
Mr. Giner brought up the possibility of this Commission being designated as the Aquifer Protection Agency. Mr. Giner will be attending the May 17 Town Council Meeting and the first meeting in June where there will be a formal hearing on the aquifer protection area land use regulations. The state has adopted these regulations and is now directing the towns to do certain things including designating an Aquifer Protection Agency. Following further discussion and explanation by Mr. Giner, it was the consensus of the Commission that they would accept this Commission being designated as the Aquifer Protection Agency. Mr. Giner stated the water companies would have to do Level A mapping of the aquifer and well head protection areas. Once that is done, there will be ninety days to adopt that mapping as part of the town's zoning map. The other deadline will be that towns are waiting for DEP to establish model regulations that town's must adopt. There would also be training sessions involved. Chairman DiPace suggested offering the Town of Enfield as a site for the training sessions. Mr. Giner added that he will send Commission members the links to the DEP regulations and also provide them with a hard copy of the information.
Chairman DiPace noted receipt of a letter from Helen Henry, 12 Avon Street, dated April 26, 2004. Mr. Giner stated it appears that Ms. Henry would not meet the median for frontage or area if the lot was split. Mr. Giner brought up the possibility of a mother-in-law apartment instead of the separate dwelling requested. Mr. Giner also noted that there was a case that came before the legislature about a year ago that said that any subdivision that had commission approvals and was filed on the Land Records did not have to conform to any changes in the zoning regulations. The legislature changed that yesterday to read undeveloped lots. He noted if this lot showed up on an approved subdivision map approved and signed by a Planning and Zoning Commission, Ms. Henry may have entitlement to build according to the regulations that were in effect at the time. Chairman DiPace asked that Mr. Giner research this further. Mr. Giner stated he will respond to Ms. Henry on behalf of the Commission.
PUBLIC PARTICIPATION
Mary Ann Turner, 7 Meadow Road, brought up a commercial vehicle parked at 1690 Enfield Street in the front of the house. She was informed by the Zoning Enforcement Officer that he could not take action because this truck is parked just enough on the state right of way. Chairman DiPace stated this truck owner would be in violation of the town's zoning regulations which require trucks of a certain size to be parked behind the front building line.
Mary Ann Turner brought up Weymouth Road at the corner of Weymouth Road and Pheasant Hill. The area is not mowed and covered with trash that is blowing down the street. Ms. Turner noted people should not be dumping here and she asked if anything could be done about this. Chairman DiPace felt this should be sent to the Town Council and if there is littering on town property, there should be an investigation regarding who is doing it.
Mary Ann Turner discussed the Pheasant Hill buffer plan. She presented a booklet showing the history of the ongoing discussions with the developer and the town. She elaborated on the information dating from 1993 to the present day. She further presented an aerial view of Pheasant Hill showing what it looked like when the development was first built. Ms. Turner noted the landscaping map is dated 1999 and she would like a new one. She noted documents where the Pheasant Hill Association cited their own residents for violations indicating they know they are not supposed to cut the buffer or be in the 25' area. Ms. Turner stated the ongoing complaint that she has is that the residents of Pheasant Hill think that they own up to the property line. She discussed the particulars of what residents have done in Pheasant Hill and the need for a new landscaping plan.
Reg Leonard, 42 Fairfield Road, stated on the agenda this evening there is item 11a. Discussion of Referral of Grandview Drive. His interpretation is that the only time the Commission should limit public participation on this agenda is if it is a new or a pending application. If the Commission is going to receive reports and information concerning Grandview Drive, there are three homeowners present and they expect three other homeowners to be present later in the meeting. Mr. Leonard stated it would be nice if these residents were allowed to speak. If the Commission does not allow them to do so, he will continue at this time. Chairman DiPace stated the Grandview Drive discussion is later in the agenda and it is for the 8-24 which is the public improvements. He noted the Commission will not discuss this now because it is a decision pending. Chairman DiPace stated there are two issues. There is the back yard issue which has nothing to do with the 8-24 public improvements and Mr. Leonard can talk to that. The 8-24 is not a discussion item and the only way the Commission can hear comments is in writing.
Mr. Leonard stated if the Commission is going to get some reports for this discussion and listen to what Mr. Giner and his staff's analysis are, he would like to speak to that issue because he, personally, has issues with that. He would like to hear what is presented first.
Chairman DiPace stated the public improvements which include the road are a part of the decision that is pending. If it is regarding the other aspects of Grandview, that can be discussed at this time.
Mr. Leonard stated he will speak about it now but he would also like to speak about it after he hears any reports that are submitted to the Commission. Chairman DiPace stated that information is included in tonight's meeting packet and the public has privy to that information.
Mr. Leonard stated concerning topsoil, the regulations require seven inches of topsoil. The regulations state if it does not exist, the Commission has to see to it that it is put back.
Mr. Leonard stated he is commenting on 10 Grandview Drive. He presented a soil scientist's and environmental services report on 10 Grandview Drive. The homeowner went to the expense of doing this and he would like it included in the file. Mr. Leonard read the definition of topsoil which is the upper part of the soil profile that is rich in humas and known as the A horizon of the soil profile. It is rich in decomposed organic matter and organic soil. Mr. Leonard stated in assessing 10 Grandview Drive, they came up with tire irons and large rocks.
Mr. Leonard stated this report was prepared by a soil scientist with 20 years of experience who has been, since 1978, the principal soil scientist for Science and Environmental Services in Cheshire specializing in soil and wetlands investigation, assessments, permit applications, site plan evaluations, toxic wastes, etc. Mr. Leonard noted this is a well qualified and unbiased individual. His report states the depth of the topsoil was observed in hand dug holes. The topsoil was dark reddish brown and the sub soil was compacted in a reddish color. In the front yard, there were ranges from 5" to 7" and in the back yard there were ranges from 2" to 8" with an average of 5". However, the topsoil was about 2" deep throughout the middle of the back yard. There is a map and pictures from this report that will be presented to the Commission. Mr. Leonard noted this soil scientist spent three and a half hours on the property where Mr. Giner's representative spent approximately ten minutes on each property.
Mr. Leonard noted the soil scientist reports there is very little grass growing on the property. It appears mostly dead crab grass. The crab grass will seed but in his view there will not be any sufficient germination of any lawn species. There was never any blue grass, any fescue or even perennial rye grass planted. Regarding grading, the report states in review of the subdivision plan for 10 Grandview Drive and a recent as-built topographical map that he has inspected, he indicates the developer did not grade the lot according to the plans. Regarding erosion, the report states there are three active erosion channels on the lot. Two of these channels are in the eastern and western boundaries of the property. The swales have eroded because there was no established turf to stop any erosion. In order to prevent erosion prior to establishing any turf, an erosion fiber map with impregnated seed should be anchored to that channel. The report goes on to state because of the erosion of the swale, a drain pipe will have to be installed under the swale and connected with check dams and a rip channel in order to stop any erosion on the property. Mr. Leonard presented the report which he reiterated is an unbiased survey on 10 Grandview Drive.
Chairman DiPace asked that Mr. Giner make copies of this report for all Commission members.
Karen Camidge, 10 Grandview Drive, made comments regarding the Grandview Drive acceptance. She submitted a picture that her neighbor took of the fix that they did to the road. The picture indicates the problem at the bottom of the cul de sac. She noted this is something the Commission might want to consider when they come up and report to the Commission that it has been fixed.
CORRESPONDENCE
Chairman DiPace stated Correspondence includes the following:
A memo from Assistant Town Attorney Maria Stavropoulos dated April 21, 2004 regarding 66 Fletcher Road.
The Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter.
A letter from the Connecticut Water Company dated April 19, 2004 regarding the proposed zone change at 290 Enfield Street.
A letter from the State of Connecticut DEP dated April 16, 1004 regarding approval of authorization for a general permit for placement of utilities and drainage for intersection improvements on Route 190.
The Inland Wetlands and Watercourses Notice of Action for April 20, 2004.
The Zoning Board of Appeals Notice of Action for April 26, 2004.
PUBLIC HEARINGS - Continued from April 22, 2004 Meeting
a. PH#2440 - Special Use Permit to put in an 8 x 10 foot concrete or fieldstone outdoor patio under an existing porch at a licensed liquor establishment located at 41 Enfield Street, zoned BL, Map 35, Lot 194, William Accorsi (Jiggy's), Applicant, Carolyn McKelvie, Owner. (Must close by May 20)
William Accorsi appeared before the Commission regarding this application. He noted at the last hearing there were some concerns about the distances that were not shown on the sketch submitted and those have been added. The drawing with the new patio is actually a drawing showing the upstairs porch. The proposal is to locate the patio underneath the porch on that side.
Mr. Giner stated there was a question whether the fence could have lattice added. Mr. Giner checked and there were no issues with lattice as far as the building code. A six-foot high stockade fence could be constructed and lattice could be added above that.
Mr. Giner stated Fire Marshal Provencher did not have any issues provided the patio doesn't hinder any exit from the courtyard. There would be a gate which would sound if patrons opened it.
Mr. Giner stated he has included conditions based upon the concerns heard at the last hearing session. There was a concern about displaying signage in the patio area asking customers to respect the rights of the residents of the adjacent neighborhood. Conditions five and six are in regard to the fence with lattice and the exit gate for the outside patio. Noise is addressed in condition seven.
Commissioner Duren asked if the patio would close at a certain time each evening. Mr. Giner did not recall this matter being discussed previously.
Commissioner Egan stated it is 18' from the back of where the patio will be located to the stockade fence. He questioned why the patio could not be put on the Carl Street side somewhere in the area of the middle of the building and further away from all the residences. There are two residences in the back and the occupants have expressed their concerns. Commissioner Egan asked what is located on the other side. Mr. Accorsi stated that is dirt that goes to another stockade fence and there is a house on the other side of that.
Mr. Accorsi stated there are apartments upstairs and the fire escape comes down that way. Commissioner Egan stated he is suggesting the side of the building. Mr. Accorsi stated the zoning regulations required a distance of 20' from all existing property lines but because the porch is there, they can build underneath it. However, they cannot build anywhere else.
Commissioner Egan stated if there were concerns about the neighbors, this would be a way to address it and the problems would be minimized. Relocating the patio on the parking lot side would resolve the problems. Mr. Giner stated if you were to put a patio on this side, it would be closer to the front setback on Carl Street, infringe on the setback of the zone and it would require a variance.
Chairman DiPace opened this hearing to the audience. No one spoke in favor or against this application.
Commissioner Duren asked about the location of the lattice. Chairman DiPace stated the proposed conditions address the lattice.
Chairman DiPace noted the vote to rescind the no smoking law in restaurants and bars in Connecticut was defeated last night.
Chairman DiPace closed this public hearing.
Commissioner Hickey made a motion, seconded by Commissioner Krebs, to approve PH #2440 - Special Use Permit to put in a 8 x 10 ft. concrete or fieldstone outdoor patio under an existing porch at a licensed liquor establishment located at 41 Enfield St, Zoned BL, Map 35, Lot 194, William Accorsi (Jiggy's) applicant / Carolyn McKelvie, owner, with 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.
General Conditions:
3. 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.
4. Appropriate Signage shall be prominently displayed within the patio area asking customers to respect the rights of the residents in the adjacent neighborhood.
5. The fence around the patio shall be a 6 foot high stockade or similar solid material with lattice going from the top of the fence up to the overhang.
6. The exit gate from the outside patio shall be for emergency use only. Signage shall be posted to this effect and a warning alarm or buzzer shall be installed to indicate if the gate is opened.
7. The door to the patio from the bar area shall not be kept open.
8. The approval for an outdoor patio with no tables and chairs or food service. Any changes to the layout or function of the space shall require an amendment to the Special Use permit.
9. No outside sound system shall be permitted.
10. The use describe herein shall commence by April 22, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
11. 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.
Commissioner Hickey thought the state has imposed some hardships and a lot of businessmen have been adversely affected. He thinks in this situation the people will go outside to smoke whether or not there is a place for them to do so. He felt the conditions will improve a situation that is going to occur anyway.
Commissioner Egan agreed but noted the special permit criteria requires the Commission to consider the public health, safety, general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood. From what he can see and what has been proposed, this is going to be a negative under those criteria. He, therefore, cannot support the proposed patio in that location. If there was another proposal, he may consider that and he also was in favor of the applicant pursuing the variance in order to locate the patio away from the residents.
Commissioner Hickey stated he doesn't like the appearance that establishments have of people congregating outside smoking. The people will be outside smoking anyway and with this proposal, it is a reasonable way to try to mitigate a situation that was created by a law that has imposed a hardship on a lot of businesses.
Commissioner Egan stated if patrons were going to smoke anyway, they would go out front and smoke. By doing so, at least they would be away from the residences and would not disturb the people abutting this business. He would rather see them in the front than disturbing the residents all night long with the noise that could be generated.
Chairman DiPace felt when people buy a house that is that close to a bar, they have to know that they are going to have to withstand some type of noise. On the other hand, the establishment also needs to show some consideration for the neighbors. He suggested adding a condition that states the outdoor patio area shall be closed during the week no later than 12:00 midnight and no later than 12:30 on the weekends so there is some control.
Commissioner Duren stated he would have preferred to see this go to ZBA rather than having this patio located under the resident's window. With the people smoking in the area of the proposed outside patio, there will be difficulty for residents in the homes two to three houses down.
Following additional discussion, the motion was denied by a 3 - 4 - 0 vote. Chairman DiPace, Commissioner Hickey and Commissioner Weseliza voted in favor; Commissioners Duren, Egan, Krebs and McGill, Alternate, voted nay.
a. PH#2432 - Text Amendment to Zoning Regulations to allow A-frame signs under limited circumstances in Business General and Business Local Districts, Enfield Planning and Zoning Commission initiative.
Chairman DiPace opened this hearing to the audience. No one spoke in favor or against this application.
Commissioner Duren initially made a motion that this application be withdrawn. However, there was no second to the motion. Commissioner Krebs noted that staff put a lot of time into this and she suggested tabling this application to a later date when interested business people may be present.
The consensus of the Commission was to table this public hearing to the second meeting in June.
PUBLIC HEARINGS - NEW
PH#2441 - Application for a Special Use Permit for parking lot expansion at 439 Enfield Street and 4 Brainard Road, zoned BL and R-33, Map 33, Lots 245, 246 and 251,North Thompsonville Fire District #10, applicant/owner. (Must close by June 10)
Dana Steele, a professional engineer with J. R. Russo, appeared before the Commission regarding this application. He presented an application for expansion of the parking lot at the North Thompsonville Fire Department. Mr. Steele noted this plan is essentially the same as the plan originally received by the Commission.
Mr. Steele stated this plan is for the North Thompsonvile Fire Department located at the corner of Route 5 and Brainard Road. Presently there are thirteen existing parking spaces on the east side of the building and the parking is undersized for the building. As a result, when fire fighters arrive, they have to park across the street and walk across the street to the building. This is a safety issue they would like to address. The Fire Department has purchased a parcel of property next door as well as a parcel of property on Colony Road. Taking the parcel to the east and a portion of the parcel to the south and merging it with the existing lot, they have increased the lot area. The lot is now in conformance in regard to lot area and it is more conforming regarding impervious area and building area. The driveway for the site is being moved further from the intersection and further from the existing driveway where the trucks come in. He noted an area that is designated for the fire fighters to park their vehicles.
Mr. Steele stated a question was raised about landscaping. They are proposing some landscaping in the front of the site. That area will be reserved for a fire fighters monument and will have brick pavers around it with plantings and a bench. The area will also help to better screen the existing transformer.
Mr. Steele stated in regard to the neighbors and providing buffering, a new vinyl fence is proposed. The existing fencing is chain link and stockade and the new vinyl fence will be an improvement. The fence will be located along the entire perimeter and along this property as well. The lighting will also be updated.
Mr. Steele stated this site has received a variance for lot area and this is noted on the plans.
Commissioner Duren asked how close the oil tanks of Miller Oil are to this site. Mr. Steele stated they have not received permission to survey the Miller Oil property but visually his recollection is the tanks are fairly close to the fence or approximately 10' to 15' from the fence.
Douglas Maxellon, Deputy Chief, stated that Miller's oil trucks are backed up to the chain link fence that abuts their property. Their fill unit is on the south side of Miller's building, between Miller's and the cleaners and away from their property.
Commissioner Hickey asked where they are parking now. Mr. Steele stated the fire personnel are parking across the street and walking across the street.
Chairman DiPace asked about the landscaping plan that is required by the regulations. Mr. Giner stated that was brought up during the ART and there is language in the regulations that gives the Commission some discretion in the expansion of existing facilities. The applicant was informed of the interior parking lot requirements contained in the regulations. Mr. Giner read from the regulations regarding the landscaping requirements.
Chairman DiPace stated the landscaping plan usually requires a buffering plan and an accurate landscaping plan would be a lot cleaner from the Commission's standpoint.
Mr. Maxellon stated one of their biggest concerns in going forward with this project is the safety of the fire fighters. The problem is when fire fighters are responding to an emergency call, they park their car across the street and run across Brainard Road to get to the apparatus. There have been a lot of close calls and it is a safety issue. Mr. Maxellon stated one of their goals is to improve the appearance of the corner of Brainard Road. They took out some of the parking spots in the front for a monument area to honor fire fighters. On the back, there is arborvitae and the fence along the east side of the property.
Mr. Steele stated he would like to make the point that the plan submitted does show landscaping. Landscaping is proposed in the front of the building around the monument area in addition to the fencing which will provide buffering to the neighbors. However, Mr. Steele stated if the Commission would like a landscaped buffer, they can do that. They feel a fence would provide better screening and safety. Mr. Steele also offered to do both the fence and plantings.
Chairman DiPace stated there is a requirement for a landscaping plan and the applicant was informed about it at the ART meeting. While a fence is nice, there is no history regarding the use of vinyl fencing over the long term.
Mr. Steele stated they have presented a plan with some landscaping and Mr. Giner has mentioned that the Commission has the leverage when there is an expansion to consider putting the landscaping in areas where it will have the most impact. If more landscaping is requested, they would do that.
Commissioner Duren asked if any of Neil Angus' recommendations have been incorporated into the plans. Mr. Steele stated he only received them this evening. He noted in the area where the Commission is talking about an interior landscaped island, they do have a painted island in the lower portion of the site that could be converted to a landscaped island. The reason it was not is that from time to time they need to be able to get trucks into this area for training purposes. If there is an island in the way, it makes it difficult for the vehicles to maneuver around it.
Commissioner Duren asked if the applicant can meet Mr. Angus' recommendations. Mr. Steele stated they can but it is not their preference. What Neil was suggesting is an island with no curbs. In Mr. Steele's opinion, if you do not have curbing to protect the grassed area, the grass will not grow very well and does not seem to be the best fit.
Mr. Steele stated from a snow plowing standpoint and from a training standpoint, when they do bring the trucks in, it is going to make it more difficult to maintain if there are interior landscaped islands.
Mr. Maxellon stated one reason they were trying to eliminate the curbing is occasionally they do use the area for training. Also, a couple of times a year they have to bring the apparatus back there for certification. One vehicle is the tower piece which in a stored position is 47' long. With the curbing, it would be difficult to get the apparatus through there. Regarding Mr. Angus' recommendation of no curbing, Mr. Maxellon stated they were hoping to receive approval to have painted islands. He noted there is no other place in the front or off-site to do this third party certification testing.
Commissioner Lefakis was not in favor of using pavers. He suggested additional landscaping be added on the side where there are residences.
Chairman DiPace stated he favored doing some plantings along the fence. There will be an increase in impervious surface by 5,532 square feet and there will be more runoff. Also, this plan does not meet the minimum fifteen percent landscaping requirement. He stated he has no problem with reducing the landscaping to allow better maneuverability for the trucks. He would like to see some plantings along the fence to break up the 300' white fence. He further agreed that the curbing would not hold up and may damage the trucks. Also, there is a need to use the area for training.
Mr. Maxellon responded to questions from Mr. Giner and stated the Fire Department still owns the property to the south but it is their intent to sell that property once this application goes through. Mr. Giner suggested adding arborvitae on that boundary so there will be more buffering for the future residential neighbor.
Mr. Steele offered arborvitae plantings along the length of the 300' white vinyl fence spaced at about 25' on center. The plantings along the property to the south would be planted on the residential side of the fence.
Chairman DiPace added that the proposed landscaping does not have to be only arborvitae and flowering bushes could be used. The Commission will word the condition that the landscaping plan be acceptable to the Director of Planning.
Commissioner Duren brought up John Cabbibo's memo dated May 6 referring to the plans dated March 31, 2004. If those plans are changed, the engineering department has problems because it shows activities within a private property. Mr. Giner stated that was discussed during the ART and there are two alternates. Commissioner Duren saw a need to get a letter from the abutting property owner or change the plans.
Mr. Steele stated this was discussed and the consensus was to revise the plan to show no grading on the adjacent lot. The only reason they are showing the grading is they are trying to work with the property owner as to what they want. Engineering felt there was a need to submit a plan showing the grading not going over the property line and that it could work. Mr. Steele stated that plan was submitted to assure them the grading can be kept on the property if there is a change in plans with the neighbors. Mr. Steele stated they are asking the Commission to approve the original plan with the understanding that if there is a problem, that the grading can be cut back.
Mr. Giner read proposed condition #3 which addresses this grading plan and the 4/29 plan revision.
Commissioner Weseliza asked where the fire personnel would park during the construction phase. Mr. Maxellon stated they are hoping to keep some of the thirteen spots open on the back side. They would use across the street at the paint store or the front side of Miller's.
Commissioner Egan read Section 10.10.7, parking area setbacks, on page 84, item d. regarding landscaping. This section gives the Commission the authority regarding the landscaping.
Chairman DiPace opened this hearing to the public.
Lewis Fiore, 14 Cartier Road, stated he is present to speak on behalf of this applicant. He is hoping the Commission will look favorably on this application and approve it. In his opinion, this is an enhancement to the neighborhood and to that area of town. He has also witnessed many times the safety issue at this location and he felt this expansion should be allowed. The abutting building that will be torn down had a fire and is vacant. This will be an enhancement to the area and a safety improvement from which everyone in that section of town will benefit.
Earl Provencher, Fire Chief at North Thompsonville, spoke in favor of this application. He stated there was a lot of discussion about the plantings. He saw Mr. Angus' memo this evening and noted there was a brief discussion at the ART meeting he attended relative to the plantings. He had the feeling when he left the ART that this landscaping was not a big issue because of the regulation cited by Commissioner Egan. Mr. Provencher made it very clear at the ART meeting that they want to make this area what their neighbors want. They have demonstrated that they have done their work at this location and they will do what is requested. Mr. Provencher noted the house at 3 Colony was one of the worst looking homes on the street. It now is one of the better looking homes on the street. Their intent is to make the area look better, keep things up and work with the neighbors.
James Trip, 5 Colony Road, stated both he and his wife are in favor of this application going forward. He noted the Fire Department has proven to be an excellent neighbor and he is appreciative that they have kept the neighbors involved in the process.
Chairman DiPace closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve PH #2441 - Application for a Special Use Permit for parking lot expansion at 439 Enfield Street and 4 Brainard Road, Zone BL & R-33, Map 33, Lots 245, 246 & 251, North Thompsonville Fire District #10, applicant/owner, with the following conditions:
Conditions to be met prior to signing of Mylars and Certificate:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
3. Applicant's Engineer submitted an alternate site plan, revision dated April 29, 2004, which would keep all the proposed activities within the subject property. This approval is based on this plan. If a signed letter of permission is submitted from the abutting property owner there is no concern with the original site plan dated March 31, 2004.
4. The pavement cross section should be revised to show a minimum depth of 8" of processed stone under the pavement courses.
Conditions to be met prior to the issuance of permits:
5. One set of mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission.
6. A letter of approval from the Connecticut DOT to increase discharge into the State system be submitted prior to the standard preconstruction meeting.
7. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
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. 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. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
General Conditions:
14. Applicants should investigate the feasibility of incorporating the stormwater management techniques described in he Assistant Planner's memo dated May 4, 2004. Any changes to the plans that may result should be incorporated into the final mylars or into an administrative amendment if appropriate.
15. 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.
16. Construction of facilities approved herein shall commence by May 6, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
17. 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.
18. A landscaping plan shall be submitted with plantings 25' on center along the east and south boundaries, in addition to the fencing proposed, that is acceptable to the Director of Planning.
The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
PH#2442 - Application for a Special Use Permit for change of use from retail to auto dealership with improvements to utilities, landscaping and building facade at 481 Enfield Street, zoned BG, Map 33, Lot 256, LIA Auto Group, Applicant/Owner. (Must close by June 10).
Attorney Thomas Fahey, Eric Forish, Construction Supervisor, Robert McCutchey, Operations Manager for LIA, and Dana Steele of J. R. Russo, their engineer, appeared before the Commission regarding this application.
Attorney Fahey stated on February 5, they received a zone change from BL to BG. The use of this property at 481 Enfield Street for an auto dealership is permitted in the BG zone. He introduced Dana Steele, who will review the site plan.
Dana Steele of J. R. Russo stated this property is located on Route 5 north of Artioli Dodge. It is bounded to the north by Colony Road, to the east by Dover Road and to the west by Route 5/Enfield Street. It is a large lot and the applicant proposes to use a portion of the building known as 481 Enfield Street as a car dealership for Pontiac. The existing parking lot and utilities will be utilized with improvements made to the interior of the building as well as to the facade front of the building.
Mr. Steele stated the site is accessed by two curb cuts on Route 5 which are spaced out in a reasonable manner. One of the concerns that they are aware of that the Commission has regarding car dealerships in Enfield is in regard to the loading and unloading of vehicles. Mr. Steele noted they recognize on this parcel there is the opportunity for loading and unloading on the site without any difficulty. The two driveways are located so that trucks can pull into the site, drive around the parking area and then come back out. They have designated an area on the plans.
Mr. Steele distributed revised plans to the Commission that incorporate all the comments they received this past Wednesday from staff. The first page shows the existing building and the size of the parcel, four acres. The site contains two parcels. The second parcel is .9 acres resulting in the total acreage for the site being almost five acres.
Mr. Steele stated they have designated an area on the plans, note #12, for loading and unloading of vehicles. Based on the size of the building and the number of display areas for vehicles, the number of parking spaces required for this site is 60 spaces. They are proposing 69 spaces. The area to the north is proposed for a double row of inventory holding as well as the two bays with parking to the south and along the edge of the pavement.
Mr. Steele stated the existing building is known as 483 Enfield Street and the intent for that building would be to store vehicles until another compatible use is established.
Mr. Steele stated there are residential properties surrounding this use and one of the concerns is the buffering along with the aesthetics and appearance of the site. They have eliminated some pavement in the front in order to meet the regulations regarding buffering. Along the north side, there will be five feet of pavement that will be removed to meet the regulations and provide the required buffer along Colony Road of 25'. The site is heavily vegetated on the north and east side and they have proposed seventeen white pines along the north side to add to that buffer area. On the other side, they do have the adequate width for buffering. The Fire Department has indicated they want to be able to get to the back of the building and they required a fire lane and pavement markings. This area is shown on the revised plans. Mr. Steele noted along all three sides of the building a fire lane is being proposed.
Mr. Steele stated in the back of the building there is a dumpster pad and that is proposed to be screened with a chain link fence with privacy slats. A new oil water separator is proposed. The Water Pollution Control Authority issued a letter requesting that the detail be modified. The Police Department had no real concerns with the site but did request that some "no parking" signs be placed along Route 5 so that there can be enforcement.
Chairman DiPace asked about the vegetation on the south side. Mr. Steele stated some of the neighbors have fences up and some of the trees are actually on the neighbors' property. Some are on the LIA property. The trees are quite large and because of the shading, new plantings would have a difficult time growing. Mr. Steele stated their feeling is the building is existing and they are willing to do whatever they can to make it look better.
Chairman DiPace was in favor of additional screening so the neighbors are not affected. Mr. Steele stated they would not touch that area at all. If there are improvements to be made, something could perhaps be done on the neighbors' property. Mr. Steele noted the property on the corner does have a line of sight and that is probably where the biggest concern would be. He would be open to any suggestions.
Commissioner Egan asked if there would be an auto repair shop and where would it be located. Mr. Steele stated they do have an auto repair shop and Mr. Forish will review the floor plan. There is an overhead door proposed in the front for vehicles to go in for service and there's an overhead door in the back to help the traffic flow.
Commissioner Duren noted there is nothing on the plans indicating the responsibility or schedule of inspection for the oil and water separators. Mr. Steele stated that would be added to the plans.
Mr. Forish explained he also has amended elevations of the floor plan since the ART meeting with staff.
Mr. Forish presented a facade drawing along with a color swatch indicating the changes and improvements to the building. He noted the entire west elevation will be painted as well as the part of the north elevation that is closest to the side street. The color will be an off white with a gray tint to it called spare white. There would be a blue stripe where the building jogs in and he showed on the drawing the extent of the blue stripe. The entry element is part of the feature of the Pontiac brand identity. The generic one presented indicates three different symbols, a General Motors symbol, a Pontiac symbol and a third symbol. Because this is only a Pontiac dealership, the only element would be the red shield and it would be a 54" shield mounted as shown on the drawing. The other two would not be part of the entry. There would also be the dealership name, LIA, on the right hand side.
Mr. Forish stated the entire facade is now a yellow painted brick with off white stucco and gable ends. Those gables would be removed and the building would be restored to its original low profile appearance. The uniform color of this light gray, off white would be applied to the entire facade and along the north side. In addition to that, on the north side, some windows are being added along with a store front door and an emergency egress.
Mr. Forish stated service would be at the rear (east elevation) of the building and there is one overhead door proposed. That door would be the service drive-out exit.
Mr. Forish stated the north end of the building is what has been designated as a showroom. He noted the entrance, the seating area, office support and retail parts counter in the back. The service area is through an overhead door in the front.
Mr. Forish stated this building is fully heated and air conditioned and there would be no reason to leave the doors open in the summer. The doors are all on automatic electric openers.
Mr. Forish stated the entire south side is proposed as vehicle storage area and there are notes on the floor plan that state that the public is not allowed access to this storage area. There is an area at the front of the site that is proposed for new car delivery. When a person purchases a vehicle, they are escorted into this area to receive their vehicle and it is driven out the front of the building.
Mr. Forish stated there is a cellar under part of this building and he pointed it out on the site plan. They have had their structural engineers look at this cellar. Because of the former use as a supermarket, the weight loading of a supermarket is a greater capacity than that of a parking garage or an area that needs to support the weight of a car. That does not eliminate the need they still have to address some building code issues. The basement will be used for parts storage only.
Commissioner Egan stated there was some reference to the south building and finding a compatible use. Mr. Forish stated all of the car dealership brands now require independent facilities. The brands do not want to intermix. The concept of having multiple brands at this location is not being considered. This site is conducive to growth for the Pontiac brand and the Pontiac brand only. To Mr. Forish's knowledge, the proponent has not been pursuing any other compatible uses.
Mr. Forish stated the question was raised regarding the buffer on the south side of the property. The proponent is glad to add any additional plantings there. They would also consider additional modifications to the fencing along that property line. They will work with the Commission and/or neighbors relative to that south side of the property.
Commissioner Sarno asked about the number of bays. Mr. Forish noted there are a total of eight bays. The Pontiac dealership will now be separating from Nissan on Palomba Drive.
Bob McCutchey stated the hours of operation will be Monday, Tuesday, and Thursday 8:00 a.m. to 8:00 p.m. for sales and 8:00 to 5:00 p.m. on Monday and Tuesday for service and Wednesday, 8:00 a.m. to 7:00 p.m. for service. On Friday and Saturday, they would be open from 8:00 a.m. to 6:00 p.m. with service from 8:00 a.m. to 12:00 noon and on Sunday from 11:00 a.m. to 4:00 p.m. for sales only. Mr. McCutchey stated they would welcome any brand of vehicles for service.
Mr. .McCutchey stated the layout of this lot is more conducive for parking than Palomba Drive and he did not feel this site would have the issues they are having on Palomba. As soon as they finish the renovations on Palomba Drive, those issues should be alleviated. Mr. McCutchey stated he has removed all the storage trailers and dumpsters and acquired off-site parking for some of the inventory on Palomba Drive during the construction period.
Mr. McCutchey stated they have instructed their general managers to contact their manufacturers and their transport companies to eliminate the removal of the incoming vehicles on Palomba Drive. Commissioner Krebs stated the unloading of vehicles on the street has not ceased and on a daily basis vehicles are being unloaded on Palomba Drive. Mr. McCutchey stated their manufacturer contacts a third party trucker to transport the vehicles and sometimes it takes time to get the word out regarding deliveries.
Commissioner Krebs stated she drives Palomba Drive five days a week and cars are constantly being unloaded. Mr. McCutchey stated they are addressing the situation with their manufacturer.
Commissioner Duren stated this Commission was assured when the construction was authorized for Honda that they had plenty of room to off load on this site. However, trucks are unloading on the street. Commissioner Krebs added a stipulation was also added for the Volkswagen dealership and it doesn't work.
Mr. McCutchey stated they have acquired off-site parking and they are presently moving inventory to the off-site location to allow delivery vehicles to enter the lot. Due to the cyclical business they have, manufacturers ship them more cars at this time of year. They are trying to remove them from the location while they are undergoing this construction.
Chairman DiPace asked Commissioner Krebs the last time she saw unloading on the road and she responded this past Tuesday. Mr. McCutchey stated they have five franchises delivering vehicles on Palomba Drive. Commissioner Krebs questioned why Toyota doesn't unload on the street nearly as much as the LIA dealerships.
Mr. McCutchey stated the manufacturers have been contacted. He will contact them again. Commissioner Duren stated he saw one of LIA's workers in the middle of Elm Street stopping traffic to let the truck back out.
Chairman DiPace stated part of the problem for the trucks to get in and out is there are cars parked in the driveway. There are cars parked on the landscaped islands at the Nissan dealership. At Honda, the cars are in the driveway and those are not approved parking spaces. Mr. McCutchey stated they are losing a lot of their parking spaces due to construction. Chairman DiPace saw a need for LIA to address the road safety. Mr. McCutchey stated they are proposing the same signage for Palomba Drive that is being proposed for Route 5.
Following additional discussion regarding the unloading of cars, Attorney Fahey suggested there be marking on the pavement designating the area for loading and unloading of vehicles. It would make it easier to enforce if there was a complaint. They would be happy to include this on the plan.
Mr. Giner agreed if there was something on the pavement, drivers would be directed where to unload. The morning he saw a truck on one of the dealership sites, there was not a place for the driver to unload the cars. With the loading and unloading area designated, a police officer would be able to issue a violation notice because something was obstructing the loading area. Mr. Steele pointed out the area they would be designating for the unloading of cars.
Commissioner Duren noted if the car carriers cannot access the lot, the fire trucks also would not be able to do so.
Commissioner Lefakis asked if there would be body shop at this location and Mr. McCutchey stated there would not.
Attorney Fahey stated he will reserve his final comments for rebuttal following comments from the public.
Chairman DiPace opened this hearing to the audience.
Rudolph Messier, 1 Dover Road, stated he lives right behind this building. This building was put up 46 years ago and in all that time he has been fighting the owners regarding early morning rubbish pickup and other items. He felt it won't be long where they will be unloading cars in the neighborhood. The shrubbery in the area is so overgrown that they cannot use the sidewalk. There are also mice and everything coming out of this area. He noted these applicants have not said anything about cleaning up this area. As far as the rubbish in the area, even the Town would not assist Mr. Messier in helping to clean up the sidewalk. At one time he went to the Chief of Police and he was told to move. He requested that unless there are proper conditions in place, that this use not be allowed at this location.
Paul Van Eisengrine, 11 Colony Road, asked about the lighting and if they are changing all the lighting. The service area was addressed and it was noted that the door would be closed at all times. Mr. Van Eisengrine hopes this is true because that door is just about in his front yard. Regarding the buffer zone, it presently is nothing more than a couple of trees and scrub brush and you can see right through it. He asked if there would be a public address system as part of this dealership. Mr. Van Eisengrine stated he already has a bad taste in his mouth from having Artioli Dodge on Route 5. On Tuesday, he saw them parked on the other side of the street in front of Dunkin Donuts unloading cars. He did not feel it would take long for this to occur with LIA Pontiac. Also, the east side buffer zone will not stop any sounds or any sights.
Jack Sheridan, Buchanan Road, suggested the Commission put a maximum amount of vehicles that are allowed on the property for this use in order to alleviate the concerns of the residents. If they deliver cars, the driver has to be able to get to the unloading zone. While the intentions might be to have a nice loading spot, Mr. Sheridan noted many times there is insufficient room for the truck to enter the designated area. He asked how full this lot is going to be because he sees problems arising at other dealerships with the unloading of cars. He stated the excuse about telling the drivers is ridiculous because you could have a turnover of drivers monthly and you would never attain your goal. They should be able to send the driver's company a configuration of where the loading area is prior to the driver reaching the site. Mr. Sheridan also asked who will enforce ticketing cars that are parked on private property in a loading zone.
Chairman DiPace stated when the Commission approves car dealerships, they approve a number of vehicles allowed for cars on display. If they exceed that number, there can be enforcement. The Zoning Enforcement Officer can also communicate with the Department of Motor Vehicles when dealerships are over that limit and they come out and check. Additional remarks followed from Mr. Sheridan.
Russell Burgess, 3 Dover Road, stated his main concern is the loading and unloading of cars in a residential neighborhood. He asked if they can set limits stating that the trucks will be off loaded when the dealership is open rather than at 4:00 a.m. Also, the trash trucks are heard at 5:00 a.m. As far as the existing buffer, Mr. Burgess noted it is in disarray. There are trees growing through the fence and the sidewalk is hard to access. He also asked if the site will be lit up like daytime all night long. Mr. Burgess noted they have had that problem with Artioli Dodge and he asked if they will have similar problems with LIA.
James Trip, 5 Colony Road, stated this is the third time in two years he has appeared before the Commission to discuss issues with regard to what is happening to his neighborhood. The only good he has seen tonight coming from the changes is the neighbors have united. He praised the Fire Department earlier for being a good neighbor and using their time effectively working with the neighborhood. This applicant has had ample time to share their plans with the neighborhood and discuss concerns but rather than show plans, they have shown disinterest. It disturbs Mr. Trip to hear what is going on with their current businesses on Palomba Drive. He had a concern that if they are a bad neighbor there, what kind of neighbor will they be in this neighborhood. Mr. Trip stated he is willing to allow his property to be devalued for the greater good of the community with what is happening with the Fire Department; however, he is not willing to allow his property to be devalued for the greater good of a car salesman. Security concerns are an issue when you have a lot full of new cars. Mr. Trip is also concerned that with the new parking lot going in behind his house and a very well lit parking area going in front of his house, that he may not know when the sun goes down. Mr. Trip emphasized that this is a residential neighborhood. He had an additional concern that people may view the cars after hours and he stated he is not comfortable with people openly parading through his neighborhood at all hours of the night to view those cars. Mr. Trip stated this application is for a change of use and he has heard nothing compelling this evening regarding a benefit to the community at large and he sees no reason to approve this application.
Chairman DiPace asked Mr. Trip how many years he has lived at 5 Colony Road and his response was two years. Chairman DiPace stated Mr. Trip was not residing there when there were problems with the roller skating rink which attracted gangs and violence. The Commission is trying to put a use to this property that will not attract that.
Mr. Trip stated he did not see how this auto dealership is going to be any better than what the Commission has zoned this space for. He does not see how a change in the zoning laws would improve the situation at all. There was previously an incredible retailer, a baby store, and there are plenty of retailers that would be better neighbors and create a safer atmosphere.
Donald Lango, 33 Cook Avenue, stated in his opinion Route 5 is going to become another East Windsor. Two hundred people petitioned against this change and four people on the Commission approved it. This is not a development area but an old neighborhood. Going back about twenty years when these car type businesses left Route 5, the consensus was there would be no more. Mr. Lango noted this is going against the Master Plan and he would think the neighborhood should come first.
Mr. Forish responded to concerns about the lighting. He noted at this time other than retrofitting fixtures that are no longer operational, there are no plans for adding additional fixtures or additional lighting.
Mr. McCutchey stated the lights at their other facilities are on a timer and this would be the case at this dealership. Mr. Forish stated they would be sensitive to a condition requiring hours of limitation as far as the lighting is concerned.
Chairman DiPace asked if the applicant would accept a condition regarding the hours of unloading and that no unloading shall occur after a certain hour. Mr. McCutchey stated they do not accept any overnight deliveries because they have to be signed for regarding any damage. As far as he knows, they are not accepting any deliveries of vehicles after hours.
Mr. McCutchey stated they would like to start out as a good neighbor. While he understands there have been some issues in the past, they are willing to concede to some of the neighbor's concerns.
Chairman DiPace saw a need for the area where the sidewalk is located to be cleaned up and he offered some suggestions.
Mr. Forish stated the condition the neighbors are talking about is a condition that has occurred over many years. They would be willing to include a buffer on the south and east side. He noted the condition of the other LIA facilities regarding the landscaping and the quality of the buildings. LIA is not investing millions of dollars in the Town of Enfield to see their businesses fall into disrepair. It is not conducive to selling cars. They would be glad to restore the buffer zone in the manner in which it was originally intended because it will be an asset to the operation of their business and a benefit to the neighborhood. He apologized for not meeting with the neighbors in advance and stated now that the concerns are heard, they are glad to address them.
Mr. Forish stated one other comment was made regarding the p.a. system and he noted that p.a. systems are not in existence at LIA dealerships and they are prohibited. In terms of the delivery of cars, the Commission has heard that LIA does not allow cars to be delivered after hours and there would be no issue with a condition that car carriers cannot make deliveries after hours. Mr. Forish stated the hours are typically from 8:00 a.m. to 8:00 p.m. but they would say 7:00 a.m. to 9:00 a.m.
Chairman DiPace stated he would like to see the plans modified showing the removal of some of the black top along the back of this site and planting some arborvitae. He would like the area cleaned up in the area of the fence in order to make it look presentable. Mr. Forish stated they are glad to do that and did not propose it earlier because they were reluctant to remove the mature trees on the site. If it is a question of pruning or supplementing or even removing some of them and replacing them with more suitable landscaping, they would do so. Mr. Forish noted you cannot now walk on the existing sidewalk but this is not the result of the LIA group owning the property previously but, instead, many years of non-care in this area.
Chairman DiPace would like to see a plan for what the property could look like from a landscaping basis, particularly in the area abutting the residents, prior to the Commission making a decision.
Mr. Forish spoke about what the LIA group could offer the community and stated the LIA group is offering the community an opportunity to have a group that is successful take over a property, refurbish it and improve it. There would be less vehicle traffic, less people walking through that parking lot and shorter business hours than would be proposed under any other acceptable type of use. He noted the retail store is leaving because they could not make the sales necessary to operate the business.
Commissioner Krebs asked if the applicant would stipulate to a time when the lights would be shut off at night such as 9:00 p.m. or 10:00 p.m. Mr. Forish stated if this hearing is extended, they would come back with specific times for the lights to be shut off.
Commissioner Egan brought up a situation on Palomba Drive where there was blasting music playing for a dealership promotion. He asked if the applicant would agree that this is something that would not be done. Mr. Forish stated neither he nor Mr. McCutchey could make a stipulation regarding the promotional events they would consider in the future. There is a noise ordinance in town and if there was a specific day where such an event was held, they would need to meet that noise ordinance and get the necessary permits. It may not have been the dealership hosting that event but, instead, a radio station.
Commissioner Egan stated Palomba Drive was supposed to house all the car dealerships because it is away from all the residential areas. This was part of the Master Plan. The plan is now being changed and there are dealerships allowed in other areas than Palomba Drive.
Commissioner Duren asked where the dumpster is located. Mr. Steele stated it is located in the back with a fence proposed around it. Commissioner Duren suggested a stipulation be included in any approval regarding the times for dumpster pickup. Mr. Forish stated that would be agreeable.
Mr. McCutchey noted deliveries for oil and petroleum products are monthly. Parts would be delivered more often.
Commissioner Duren summarized that the following five conditions need to be added to the present 25 conditions: responsibility for the oil water separator, hours of service and sales, dumpster times, hours of delivery of the vehicles (7:00 a.m. to 9:00 p.m. was suggested) and hours of lighting.
Mr. Giner confirmed that this application presently does not include any signage. They would come back at a later date for approval of such signage.
Commissioner Egan requested a revised set of plans that includes everything discussed this evening. Commissioner Egan asked that the plan include a photometric study.
Attorney Fahey stated he will reserve any additional comments until the next hearing session.
Chairman DiPace stated this hearing will be continued to June 3, 2004.
Chairman DiPace recessed this meeting at 11:00 p.m. and the meeting reconvened at 11:10 p.m.
Commissioner Hickey made a motion, seconded by Commissioner Duren, to extend the meeting to 12:00 midnight. The motion was approved by a unanimous vote with Alternate McGill voting.
OLD BUSINESS
a. SPR#1259 - Application to split existing two floor structure from one tenant to two - top floor retail or office, ground level retail at 270 Enfield Street, zoned BL, Map 34, Lot 161, Brian Torpey, Applicant/Owner. (Tabled from 4/22/04)
Andrew Kloughman appeared before the Commission regarding this application. They are looking to take an existing building that has two floors, a basement and a first floor, and split it into two uses. TheRe would be an office space proposed in the downstairs and retail space on the first floor.
Chairman DiPace asked how many access points there are to the basement. Mr. Kloughman stated currently there is one access and they would propose adding a second.
Chairman DiPace noted this application states top floor and ground level. It is not ground level but it is below ground level. Mr. Kloughman confirmed that to be correct. He stated this level was originally set up for retail with only one entrance. Since the building is under fire restoration, they are requesting to put the front entrance in for a second means of egress in case there is an emergency. They also propose to add the ADA ramp to the first floor.
Chairman DiPace noted the present exterior colors and stated those were not colors approved by this Commission. Mr. Kloughman stated this building came under new ownership in October, 2003. The current color of the building is white with purple on the top. The owner proposes to remove the purple and replace it with white and make the color of the building cape cod gray.
Mr. Kloughman stated he spoke to the Fire Marshal last week and he was told he did not have any plans. Mr. Kloughman supplied him with the necessary plans last week. He has not heard from him since submittal of the plans. Commissioner Duren stated the Fire Marshal has since submitted a memo. Chairman DiPace read this memo which stated the Fire Marshal did not have any outstanding issues at this time but that full code review would be required by the Building Department and his office prior to actual construction if this application goes forward.
Commissioner Duren noted there is a memo from John Cabbibo received today. Chairman DiPace read this memo which contained concerns regarding the handicapped accessibility ramp being too steep and the necessity for submittal of drainage plans and plans for the retaining wall. The plan and calculations also need to be signed by a professional engineer. Mr. Kloughman stated he understands these stipulations.
Mr. Giner asked about the retaining wall. Mr. Kloughman stated there is a partial retaining wall that is in disrepair. They are looking to install a new retaining wall.
Commissioner Hickey asked if there are prospective tenants for this building. Mr. Kloughman stated the owner has prospective tenants depending upon what they are allowed.
Commissioner Duren stated the basement is proposed to be used for offices and the ground floor for retail. Chairman DiPace stated the application should be reworded because it is a one-floor structure with a basement.
Mr. Giner stated the previous bike shop had something downstairs. Mr. Kloughman stated there were bikes on display in the basement after the fire.
Chairman DiPace stated the Commission has the discretion if they feel this application should require a public hearing.
Chairman DiPace asked if there has been any construction going on at this location. Mr. Kloughman stated the owner is still in the process of fire restoration, has had a 50-year rubber roof put on and is trying to rebuild the interior. Regarding parking, the pavement is sized for no more than 15 spaces and there is one handicapped accessible bathroom. Regarding exits, there is a walk out to the driveway on the basement level and they are looking to put in another access in the front.
Mr. Giner stated his previous memo assumed both floors would be retail requiring parking of 19 spaces. With the proposed configuration, by converting the downstairs to an office uses, the parking would be 17 spaces. There are 11 spaces existing plus whatever can be accommodated in the rear parking area.
Commissioner Duren asked about the dumpster location. Mr. Kloughman stated currently there is public pickup and there are no dumpsters on the site. There were dumpsters when the bike shop was at this location but they were not located on the bike shop property. Those dumpsters were removed. A prospective tenant may request a dumpster in the future.
Commissioner Hickey asked Mr. Giner for his opinion on whether this application should be tabled. Mr. Giner stated there are some unresolved issues with the Town Engineer. Unless the Commission receives an extension, they have to act on this application tonight. Mr. Kloughman stated he is representing the applicant who is away on business. There were some concerns as to whether Mr. Kloughman could grant an extension. Commissioner Duren saw a need for additional information regarding this application.
Commissioner Hickey made a motion, seconded by Commissioner McGill, to approve SPR#1259 with the standard applicable conditions and approvals by the Fire Marshal and the Town Engineer. The motion was denied by a 1 - 6 - 0 vote. Commissioner Egan voted in favor. All other Commissioners, including Alternate McGill, voted nay.
SPR#1262 - Application for a temporary outdoor recreation event for a Fanelli Amusement Co. Carnival - set up on 5/17 - 5/19m operate 5/20 -5/31 at 90 Elm Street, zoned BR, Map 43, 45, 47, Lot 3, 16, 20, 21, Westfield Shoppingtown Enfield, Applicant/Owner. (Tabled from 4/22/04)
Chairman DiPace noted receipt of a memo from the Traffic Safety Officer and the Police Chief indicating that the area will be fenced and there will be a barricade protecting pedestrians from the traffic. Signs will be posted around the perimeter and there will be a minimum of two uniformed officers.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1262, application for a temporary outdoor recreation event for Fanelli Amusement Company Carnival. The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
Commissioner Lefakis left the meeting at 11:35 p.m.
NEW BUSINESS
a. SPR#1263 - Application for modification of previously approved plans for conversion from two family to one family with removal of one door and residing of property at 114 - 116 High Street, zoned TVC, Map 25, Lot 74, Richard Binns, Applicant/Owner. (Deadline for decision - June 3, 2004).
Richard Binns appeared before the Commission regarding this application. He is converting a two-family home to a one-family and the request is to go from two doors on the front to one door on the front. The Enfield Revitalization Strategy Committee has given their approval to this renovation and suggested the door be relocated to the middle. Mr. Binns stated the door will be placed in the center as requested and the porch would stay the same. Mr. Binns stated regarding the back, he will probably reduce it to one door in the back also.
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve SPR#1263, application for modification of previously approved plans for conversion from two-family to one-family with removal of one door and re-siding of property at 114-116 High Street, zoned TVC, Map 25, Lot 74, Richard Binns, Applicant/Owner. The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
SPR#1268 - Application for an 8,000 square foot medical office building with paved parking areas, sidewalks, driveways, storm drainage facilities, utility connections, landscaping and related improvements at 170 Hazard Avenue, zoned BR, Map 74, Lot 251, LeConche Design and Construction LLC, Applicant, Robert E. Berger, Edward McGuire and Frank Santy, Owners. (Deadline for decision - June 17, 2004).
Ray Nelson, a professional engineer with Messier and Associates, Inc., and Glenn LeConche of LeConche Design and Construction, appeared before the Commission regarding this application.
Mr. Nelson explained the proposal is for an 8,000 square foot medical office building consisting of two floors. It will have the driveway egress from Hazard Avenue. Because of traffic concerns, they have designed the driveway so that it is one way in and one way out with no left turns allowed on to Hazard Avenue. However, coming west on Hazard Avenue, it is possible to make a left turn into the site.
Mr. Nelson stated they have provided a cobblestone island separator at grade so that emergency access can be had from any direction but it will prevent regular traffic from turning left on to Hazard Avenue.
Mr. Nelson noted the site is serviced by all utilities, water, sewer and gas. A parking area will surround the building on two sides. There are a lot of wetlands on this property which was a concern in designing this site.
Mr. Nelson stated the site has been the proposal of other more intensive uses. In order to address any previous concerns, they have located this building in the center of the site and are including landscaped buffers in the natural area around there but also a large conservation easement area dedicated on either side of the building. This easement area will remain undeveloped in perpetuity. Over the past few years, the site has had additional growth and most of the site is completely vegetated. There are mature trees around the back of the property abutting the residential properties and those will remain and be incorporated into the landscaped buffer. The wetlands and most of the buffer areas will remain undisturbed and be included in the conservation area.
Mr. Nelson discussed the storm water management proposed for this site. He noted this proposed project will have no adverse effect on the adjoining properties.
Mr. Nelson stated they have included a landscaping plan and there is a landscaping buffer required along the residential area and along the front yard. Although they have shown a strip of landscaped buffer in the back with a list of plantings and the new plantings would be interspersed within the existing vegetation.
Mr. Nelson stated this is a proposal for a medical office building for a local doctor and it is a fairly low intensity use. The parking complies with the zoning requirements and the application has received Wetlands approval. They have addressed all comments from town staff. They have also submitted plans to the State Department of Transportation. The State noted town approval is necessary before a final decision from them.
Chairman DiPace reported the Commission received a memo from John Cabbibo dated May 4, 2004 and he read this memo. Mr. Giner stated the requirements of that memo are included as proposed conditions.
Mr. Nelson stated he has submitted a waiver request for the sidewalk and curbing along Hazard Avenue. There are no sidewalks now. Installing a sidewalk would leave a section of sidewalk in the middle of nowhere. Where it ends, it would actually go down several feet into a wetlands on either end. Chairman DiPace asked if there are sidewalks in front of the Johnson Memorial building. Mr. Nelson stated there are sidewalks further down the street. Just to the west of this site is a very large wetland area with a large pipe and ditch. If it was ever developed, it would require quite a bit of fill to make that sidewalk section able to be constructed in that area.
Commissioner Duren discussed the need to require sidewalks with a look toward the future. Chairman DiPace added for lots like this on a state road, the Commission recommends sidewalks.
Mr. Giner stated when this subdivision was approved, there was a note that sidewalks would be considered on an individual basis. Mr. Giner stated this site is across the street from the Growth Company.
Commissioner Krebs asked if there will only be one tenant in this building. Mr. LeConche stated currently the owner of the building, a local pediatrician, is going to be occupying the first floor. On the second floor, he is proposing to do a light medical service such as family counseling. This would mean two tenants, one on each floor. There will be no basement to this facility.
Commissioner Weseliza asked about the parking lot configuration. Mr. Nelson stated sheet 4 of the plans shows the actual detail of the parking lot and cobblestone island. He stated the town is responsible for the maintenance and operation of the drainage easement along the property going down to Middle Road and the owner is responsible for the maintenance of the storm water collection system on this site.
Commissioner Egan stated this plan seems to address the concerns of the residents about keeping the water away from them during construction and the erosion and sedimentation plan will be followed.
Commissioner Krebs asked about the color of the building. Mr. LeConche stated it will be a light beige tone and there will be a wainscoting approximately three and a half feet high of used red brick. The roof is a slate blend.
Commissioner Duren made a motion, seconded by Commissioner Hickey to approve SPR #1268 - application for an 8,000 sq. ft. medical office building with paved parking areas, sidewalks, driveways, storm drainage facilities, utility connections, landscaping and related improvements at 170 Hazard Avenue, Zoned BR, Map 74, Lot 251, LeConche Design & Construction LLC, applicant/Robert E Berger, Edward McGuire & Frank Santy, owners. 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:
"Development Plan for Medical office Building Located at 170 Hazard Avenue (Connecticut Route 190) Enfield, Connecticut, September, 2003" Sheet Index and Location Map. Revised to 4-29-04.
"Existing Site Conditions Prepared For: LeConche Design & Construction, LLC, Lot 251, 170 Hazard Avenue, Connecticut Route 190, Enfield, Connecticut." Sheet 2 of 8, Scale 1"=40', by Messier & Associates, Dated 09/03 and revised to 04-29-04.
"Improvement Location Plan Prepared For: LeConche Design & Construction, LLC, Lot 251, 170 Hazard Avenue, Connecticut Route 190, Enfield, Connecticut." Sheet 3 of 8, Scale 1"=40', by Messier & Associates, Dated 09/03 and revised to 04-29-04.
"Improvement Location Plan Prepared For: LeConche Design & Construction, LLC, Lot 251, 170 Hazard Avenue, Connecticut Route 190, Enfield, Connecticut." Sheet 4 of 8, Scale 1"=20', by Messier & Associates, Dated 11/03 and revised to 04-29-04.
"Proposed Sidewalk and Drainage Construction & Roadway Improvements Prepared For: LeConche Design & Construction, LLC, Lot 251, 170 Hazard Avenue, Connecticut Route 190, Enfield, Connecticut." Sheet 5 of 8, Scale 1"=20', by Messier & Associates, Dated 11/03 and revised to 04-29-04.
"Landscape Plan Prepared For: LeConche Design & Construction, LLC, Lot 251, 170 Hazard Avenue, Connecticut Route 190, Enfield, Connecticut." Sheet 6 of 8, Scale 1"=40', by Messier & Associates, Dated 09/03 and revised to 04-29-04.
"Construction Notes & Details Prepared For: LeConche Design & Construction, LLC, Lot 251, 170 Hazard Avenue, Connecticut Route 190, Enfield, Connecticut." Sheet 7 of 8, Scale: "as noted", by Messier & Associates, Dated 09/03 and revised to 04-29-04.
"Construction Notes & Details Prepared For: LeConche Design & Construction, LLC, Lot 251, 170 Hazard Avenue, Connecticut Route 190, Enfield, Connecticut." Sheet 8 of 8, Scale: "as noted", by Messier & Associates, Dated 09/03 and revised to 04-29-04.
"Medical Office Elevations, Lot 251, 170 Hazard Avenue, Enfield, Connecticut." By LeConche Design & Construction, Dated April 14, 2004.
Conditions to be Met Prior to Signing of Plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The SPR file number "SPR 1268" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3. The final plans shall have a note stating "WPC shall be notified 24 hours in advance for all inspections required for installations of sewer systems. Please call 860-253-6450 -if no one is there, leave a message."
4. The plans shall be revised show the sewer trench detail as required by the WPC.
5. For all sewer pipes, show on the drawing(s) the length, diameter, slope, location, and type of pipe; for inverts show elevation in and out, and for frame(s) show elevation at the top. Sewer system shall conform to Town of Enfield, Subdivision Regulations, revised as of February 12, 2002, and on the Town of Enfield Public Works Department drawings titled Typical Details I, II and III.
6. The sidewalk detail has been revised to 5" thick concrete on 8" of processed aggregate stone base. That detail should also show 3/8" expansion joints that meet the Town Standards.
7. Details for handicap ramps have been added along with some general notes. The notes should be revised to indicate that the handicap ramps have 8" thick 4000 psi concrete with wire mesh reinforcement on 8" processed aggregate stone base.
8. Sheet 3 calls for 6' wide walks along Hazard Ave and sheets 4 and 5 indicate the standard 5' wide. The plans shall be revised to show uniform sidewalk width.
9. 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:
10. Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission.
11. Final site plans to be reviewed and approved by the Engineering Division, WPCA and Fire Marshall.
12. A pre-construction meeting with Town Staff shall be held.
13. 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.
14. 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.
15. 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:
16. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
17. The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
General Conditions:
18. 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.
19. This approval is also subject to conditions of Inland Wetlands Permit #402.
20. 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.
21. Construction of facilities as approved must commence by May 6, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
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.
The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
BOND RELEASES
a. Request for de facto release of expired bonds per Finance Director.
OTHER BUSINESS
a. Discussion of 8-24 Referral for Grandview Drive.
Attorney Len Jacobs and Mr. Spazzarini appeared before the Commission regarding this referral. Attorney Jacobs noted the Commission has the memo from the Town Engineer indicating everything is done with the exception of one item which is more than covered by the maintenance bond.
Chairman DiPace stated the Commission has received the drainage calculations and the plans showing where the drains are located. The Commission has received everything they requested. Mr. Giner stated John Cabbibo pointed out one concern and there is bonding in place for that.
Commissioner Weseliza asked if this has anything to do with the other issues on Grandview Drive. Chairman DiPace confirmed that this is strictly for the road and the public improvements. There are two backyard drains that were tied into that and those are now shown on the plans.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve the 8-24 Referral for Grandview Drive and recommend approval to the Town Council. The motion was approved by a 7 - 0 - 0 vote with Alternate McGill voting.
Applications to be Received
The following applications were received by the Commission:
PH #2449 - Application for a Special Use Permit to change one non-conforming use to another (restaurant/catering to offices), Zoned R-33, Map 32, Lot 25, David Karat, Applicant, Flying Wings Realty, LLC, Owner.
PH #2493.03 - Application for Special Use Permit for a Class 3 permit for package store for sale of all alcoholic beverages; modification of previous plans for package store addition at 130-136 Elm Street, Zoned BR, Map 57, Lot 346, SEA Enfield Freshwater Plaza, LLC, Applicant/Owner.
SPR #1271 - Application to replace an existing delivery ramp with a lower pitch and install a loading dock for winter safety reasons at 5 Niblick Road, Zoned IP, Map 55, Lot 92, Cox Communications, Applicant/Owner.
SPR #1272 - Application for a proposed building elevation change, addition of building signage and modification of fenced outdoor storage sales at 51 Palomba Drive, Zoned BL, Map 56, Lot 7, Glen P. Oxford, Applicant/DEVCON Freshwater, LLC, Owner.
ADJOURNMENT
Commissioner Krebs made a motion, seconded by Commissioner Sarno, to adjourn. Following a unanimous vote, the Commission adjourned at 12:00 midnight.
Respectfully submitted,
__________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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