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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
APRIL 1, 2004
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, April 1, 2004 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman DiPace called the meeting to order at 7:30 p.m.
Present: Anthony DiPace, Chairman
Charles Duren
Robert Egan
James Hickey, Jr.
Karen Krebs (7:34 p.m.)
Samuel McGill, Alternate
Kathleen Sarno, Alternate
Nicles Lefakis, Alternate (7:33 p.m.)
Also Present: Jose Giner, Director of Planning
MINUTES:
A motion was made by Commissioner Duren and seconded by Commissioner Hickey to approve the minutes of the meeting of March 4, 2004 as presented. Vote was 5-0-2(McGill & Sarno).
STAFF COMMENTS:
a. Town Attorney (in person):
Ms. Stavropoulos updated the Commissioners on the RYA, et al case. The Appellate Court has granted the Town's motions for Articulation. The Town has also filed a Motion to Compel.
b. Zoning Enforcement Officer (in person):
Mr. Bickley reviewed a brief list of home occupation registrations received during the month of March, 2004. He noted that he is preparing an updated list to include all home occupations registered from 1994 through 2003. This will be available in his next report to the Commission. He also noted that he has processed 155 zoning permits since October, 2003.
In response to a question by Commissioner Duren, Mr. Bickley stated that not all of the businesses included on the upcoming list are still active. He is not notified if a business is closed. He estimated that half of the businesses on the list are inactive.
Commissioner Duren asked if Artioli Dodge was contacted regarding the parking of cars on the grass. Mr. Bickley stated that he had spoken to someone at the business and will follow up to make sure the vehicles are removed.
Commissioner Duren also noted that a residential house on Freemont Street seems to be used by Artioli. Mr. Bickley will also follow up on this.
Commissioner Egan asked how Mr. Bickley becomes aware of home businesses. Mr. Bickley responded that it is usually through complaints of neighbors, although he may also discover it by driving by properties.
Commissioner Duren stated that several members of the Commission have received anonymous packages regarding complaints. He noted that the Commissioners must work through the Zoning Enforcement Officer and complaints must be specific regarding the address of the violation.
c. Director of Planning & Community Development:
Mr. Giner stated that a CD has been provided to Commissioners. The CD includes Planning & Zoning Regulations as well as IWWCA Regulations and Bylaws.
He also stated that the Hazardville Banners issue will be added to the April 22, 2004 agenda.
Also, the King Road properties discussed during the Commission's public participation portion of the March 4, 2004 meeting are not lots of record.
He went on to explain that the lots were split in the 1970's and do not meet current frontage requirements, although they do meet area requirements. The owner is requesting an amendment to the regulations to allow non-conforming lots of this type.
Commissioner Hickey asked if an appeal could be made through the ZBA.
Mr. Giner stated that the regulations do not currently allow rear lots in existing subdivisions. If the Commission is not willing to change the regulations town-wide, then the owner would have to apply to the ZBA. The property is currently considered one parcel for tax purposes.
Mr. Giner also noted that he received a call from the Board of Education requesting permission for a one-time landing of an Army National Guard Helicopter to land at one of the schools for the DARE program.
Mr. Giner stated that the helicopter may have landed in past years, but he was never asked for permission. No complaints were ever received.
Chairman DiPace noted that the landing is mainly educational in purpose. He also noted that a helicopter lands during the annual 4th of July event on the Town Green with no complaints received.
Mr. Giner suggested that allowance for this type of activity could be added to the regulations.
Chairman DiPace noted that the landing at the school is supposed to take place on April 28, 2004. He asked what will happen if the landing takes place without regulations in place.
Mr. Giner responded that a letter would be sent if a complaint is received.
Chairman DiPace suggested that Mr. Giner draft an amendment to the regulations to address future situations such as this.
Mr. Giner reported that the NRCS has been called upon regarding Grandview. It will be no cost to the town for the NRCS to conduct soil testing. Mr. Giner has received permission letters from all but one of the property owners. Representatives of the NRCS will visit the site with Neil Angus, Wetlands Agent.
Members discussed the previous meeting minutes regarding whether or not the vote was to have an independent engineer or soil scientist study the site. Commissioner Egan insisted that an independent engineer be hired. He felt that the NRCS is not an independent entity. He stated that both sides had agreed to accept the findings of an independent engineer. A stamped report from a licensed engineer is necessary.
Members reviewed the wording of the motion and found that it stated "soil scientist". Members stated that the contractor's engineer was to provide flow calculations.
Commissioner Egan still felt strongly that an independent engineer be hired to get the situation resolved.
Presentation of Proposed Capital Improvement program by the Town Manager:
Mr. Shanley presented 4 proposed projects under 8-24 Referral.
5. Mr. Shanley listed the following proposed projects:
a. Ball field maintenance - move fence and other improvements to Brainerd Park;
b. Install automated scale on Town Farm Road
c. South Maple Street Bridge replacement
d. Various drainage improvements - Fletcher Road.
Mr. Shanley reminded members that these projects are proposals only. They are not yet in an approved budget.
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to accept the proposed referrals. Vote was 7-0-0 with Commissioners Lefakis and McGill voting.
PUBLIC PARTICIPATION:
After Chairman DiPace reminded all present that nothing on the agenda could be discussed during public participation, no one came forward to speak.
CORRESPONDENCE:
Seven items of correspondence were received. Mr. Giner noted that Commissioners become familiar with the new D.E.P. Land Use regulations as they will be required in the future.
The following items of Correspondence were received:
Letter from Neil Angus to Somerset Development regarding Bush Lane Subdivision
Copy of permission letter to Grandview residents
Notice of Tri-State Kenworth Named 2003 Dealer of the Year
Notice of Adoption of Aquifer Protection Area Land Use Regulations
02/23/04 Notice of Action by ZBA
02/25/04 Notice of Action by Historic District Commission
03/02/04 Notice of Action by Inland Wetlands & Watercourses
COMMISSIONER'S CORRESPONDENCE:
Chairman DiPace noted several items of correspondence.
The following items of Commissioner's Correspondence were received:
The Landmark Newsletter
2004 Book of Planners catalog
CRCOG Packet
A letter from Joey's Pizza was received by Chairman DiPace requesting outside table service in the front of the restaurant. Mr. Giner noted that regulations have been adopted and he will follow up with the owner regarding application requirements.
READING OF THE LEGAL NOTICE
PUBLIC HEARINGS
- Continued from March 4, 2004 meeting
a. PH #2428 - Application for re-subdivision of a previously approved lot (Lot 1) zoned R-44, west side of Broad Brook Road, south side of Salerno Drive, Map 103, John Tittarelli, Applicant/Owner. (Must close by April 8)
Mr. Giner explained that the applicant could not meet with IWWCA due to their meeting being canceled. Mr. Tittarelli is requesting an extension.
A motion was made by Commissioner Hickey and seconded by Commissioner Krebs to approve the extension and continue the public hearing until the Commission's next scheduled meeting, April 22, 2004. Vote was 7-0-0 with Commissioners Lefakis and McGill voting.
The hearing was opened to the public for comment. No one in the audience came forward.
Chairman DiPace continued the hearing until April 22, 2004.
10. PUBLIC HEARINGS - NEW
a. PH#2430 - Special Use Permit for modification to plans previously approved to add a pre-pay drive-thru window addition, a driveway modification and fascia change at 90 Elm Street, zoned R-BR, Map 43, Lot 17, Wendy's Old Fashioned Hamburgers of New York, Inc., applicant,/ May Department Stores, Owner. This hearing was closed.
Dana Steele, Engineer for J.R. Russo & Company of East Windsor and John Mack from Cedar of New England, represented the applicant.
Mr. Steele explained that the applicant would like to construct a 6'x8' pre-pay window at the drive-through to improve service and appearance. The addition would be large enough for a cash register and employee.
They are also proposing reducing the width of the driveway around the window to allow wider curbing. The menu board will be moved to accommodate this change.
The applicant is also requesting a change to the fascia and Mr. Steele provided a color rendering and photos of a similar property, and an actual sample of the fascia material.
Engineering comments from the ART meeting have been addressed with plans revised to March 23, 2004.
The changes do not allow for large trucks to maneuver the new drive through. This was done so that potential damage of the fascia can be avoided.
After some discussion, it was determined that signage will continue to be visible on all four sides of the building.
The hearing was opened to the public for comment. No one in the audience came forward to speak for or against this application.
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to approve PH#2430 with the following conditions as proposed by Mr. Giner, with the exception that condition #2 be eliminated and the remaining conditions be re-numbered:
Conditions to be Met Prior to Signing of Mylars and Certificate:
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 final mylars shall be revised to address the Assistant Town Engineer's concerns as expressed in an e-mail dated March 31, 2004.
3. 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:
4. One set of final mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission. The signed mylars shall be filed with the Town Clerk prior to the Special Permit becoming effective.
5. Final Fire Marshall approval shall be obtained.
6. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
7. 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.
8. 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 :
9. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit to the Planning Director, final plans in a digital format prescribed by the Director.
10. All traffic and fire safety signage shall be installed prior to the issuance of the certificate of zoning compliance.
General Conditions:
11. Any changes to individual signs must obtain permits after review of plans that comply with current sign regulations.
12. 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.
13. 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.
14. A building permit for the construction of facilities as approved must be obtained April 1, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
15. 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 with Commissioners Lefakis and McGill voting.
PH#2431 - Text Amendment to Zoning Regulations to allow Places of Worship in the Industrial 1 (I-1) District, Open Gate Ministries, Applicant.
Attorney John Zabrowski and Pastor Michael Trazinski represented the applicant.
Mr. Zabrowski explained that the church is a recognized religious organization under Federal Guidelines and the ministry devotes itself to families and youth.
He began to explain the applicant's request to use a building at 1 Anngina Drive, located in Industrial I zone.
Chairman DiPace explained that the application is for a town-wide amendment to the regulations and is not site specific.
Mr. Zabrowski continued his presentation stating that the Industrial zone does not exclude a place of worship, however, it is also not included in the list of approved uses. The organization does not create a product or market a service, but he believes that the service provided is very valuable.
Mr. Zabrowski went on to say that the regulations required for Industrial I zone are very stringent and the church will not be conducting any activities that are considered dangerous.
Mr. Trazinski added that the church is looking to expand and reach out to additional young people and there do not seem to be any other facilities available.
It was again explained to Mr. Zabrowski and Mr. Trazinski that the application before the Commission is for a town-wide amendment to the regulations, not site specific. Mr. Zabrowski apologized and stated he did not realize this.
Mr. Giner explained that due to the location of the proposed site, a map change would have created more problems. A church is allowed in all zones except industrial I or Business Professional. In order for the applicant to pursue permission at this type of location, the proposed amendment is necessary.
Members discussed federal laws pertaining to regulations to allow churches in various zones. Mr. Giner felt that an amendment or special use permit is still necessary.
Chairman DiPace was concerned that a change to the regulations could be detrimental to the Town, since it already has a shortage of industrial space.
Mr. Giner suggested that the application could be modified by the Commission to consider it as a Special Use Permit application.
Mr. Zabrowski was agreeable to this and requested that the public hearing be continued to the meeting of April 22, 2004.
At this time, the hearing was opened to the public for comment.
Jesse Allen of 48 Booth Road, Enfield spoke in favor of the application. He stated that the ministry has the ability to reach out to youths with drug and alcohol problems and is a positive influence on the kids.
This public hearing was continued until the meeting of April 22, 2004.
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:
Mr. Giner stated that the Town is the applicant for the hearing and is a result of meetings with business owners last summer. Mr. Giner has investigated regulations in other towns and the proposed regulations are drafted from those. He noted that they will be difficult to enforce but should help.
Commissioner Duren noted that the Commission had discussed that applications would be submitted in January of each year.
Mr. Giner replied that this would be difficult to enforce, especially for new businesses that came in after January. Also, some businesses don't plan their sales that far ahead.
Commissioner Krebs suggested that applications could be accepted twice per year, perhaps January and July.
Commissioner Lefakis suggested that businesses could apply for multiple sales in one application.
Mr. Giner stated that he had not come across any other towns that limited the time of application.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak for or against this application.
Commissioner Krebs stated that she had received phone calls from people concerned that real estate agents are using balloons and streamers on their signs to advertise open houses.
Chairman DiPace noted that this practice is distracting to drivers and illegal. He continued the hearing until the meeting of May 6, 2004. Mr. Giner will provide a compilation of the regulations of other towns.
PH#2434- Special Use Permit under Section 3.40.1 C of the Zoning Regulations to allow the conversion of one non-conforming use to another for a proposed automotive general repairer's license in an existing limited repairers facility at 33 Palomba Drive, zoned BR, map 57, Lot 343, Enfield Ford, Inc. dba Quick Lane, applicant/Manchem LLC, owner.
Chairman DiPace excused himself from discussion on this application due to a potential conflict of interest. Commissioner Hickey acted as Chair for this application.
Attorney Richard Cottone and James Horrigan, Enfield Ford General Manager represented the applicant.
Mr. Cottone explained that the Enfield Ford building was constructed in the 1960's and is now too small to house all of Ford's operations. A vacancy at 33 Palomba Drive, units 7 & 8 exists and the applicant is seeking to expand the existing permit for Limited Repairer's License to a General Repairer's License.
Enfield Ford has expanded its services to include emergency vehicle service and would like to conduct this activity at the 33 Palomba Drive location.
Mr. Giner explained that the site currently allows only one repair garage per property, however the entire site was approved as a car care mall. Firestone has a General Repairer's License, as does Action Transmission.
Commissioner Egan asked if the applicant is required to meet with IWWCA.
Mr. Giner stated that the use has not changed, but he would discuss it with Mr. Angus.
Commissioner Egan shared his concerns over hazardous fluids, which is not addressed in the application.
Mr. Horrigan stated that the current license allows for grease jobs and oil changes. Containers are built into the basement for used fluids. The used oil is used for heating and other fluids are removed by a licensed vendor. Only the nature of the work performed at the site will change.
He noted that the company has outgrown the Hazard Avenue site and this addition will allow a quicker turn around for public use vehicles.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak for or against this application.
Members discussed the location of the site. It is surrounded by other vehicle maintenance facilities, as well as new and used car dealers.
This public hearing was closed.
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to approve PH #2434 with the following conditions:
Conditions to be Met Prior to Signing of Mylars and 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. Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.
3. Any required Fire Marshall approvals shall be obtained.
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.
General Conditions:
5. Any changes to individual signs must obtain permits after review of plans that comply with current sign regulations.
6. 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.
7. 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.
8. A building permit for the construction of facilities as approved must be obtained April 1, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
9. 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 with Alternate Commissioners Lefakis, McGill, and Sarno voting.
After the vote, Commissioner Duren noted that the proposed use conforms with the general area and original uses planned for Palomba Drive. Commissioner Hickey agreed and felt it a good use for the area.
Chairman DiPace returned to the meeting after the vote was taken.
PH#2435- Text Amendment to Zoning Regulations to modify parking space size standards in limited circumstances, Massachusetts Mutual Life Insurance, Co., applicant.
Attorney Susan Hays of Updike, Kelly & Spellacy , P.C. and Steve O'Neill of VHB represented the applicant.
Ms. O'Neill explained that the applicant is requesting a change to smaller parking spaces in certain situations. This application is not site specific, but she referred to the Mass Mutual building as an example.
She stated that the standard parking space is 9'x18'. The proposed regulation amendment would be very restrictive and would not be applicable to medical offices buildings, shopping centers or other places with high vehicle turnover. She provided a statement from the ITE (Institute of Traffic Engineers) that recommends a width of 8.5' per parking space. 25% of the existing parking spaces at the Mass Mutual site are already 8.5' x 16' for "compact" cars.
Commissioner Egan asked if there would be any change to fire lanes or the entry & egress.
Ms. Hayes responded that this request is not site specific, but the applicant would make sure that all fire lane and egress regulations will be met.
Commissioner Sarno asked if the daycare would be affected.
Ms. Hayes stated that in this case, the daycare is a separate building and those spaces would not be affected.
Mr. Giner stated that any changes to the site plan would have to come before the Commission. These are narrowly written regulations and not many buildings or businesses would qualify. He does not foresee any issues with the amendment.
At this time, the hearing was opened for public comment. No one in the audience came forward to speak for or against this application.
This hearing was closed.
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to modify Section 10.10.6.B to add a New Subsection iv as follows:
"Notwithstanding the foregoing, in the BR, BP, I-1, I-2 and I-P Zones, the dimensions of a parking space may be decreased to 8.5 feet wide by 18 feet long in a professional office building complex provided that the professional office building complex has at least 300,000 SF of gross floor area and at least eighty percent (80%) of the gross floor area is occupied either by not more than three tenants or by the owner of the building and its affiliated entities and that the complex has at least 1,100 parking spaces."
Renumber existing Subsection 10.10.6.B.v. Effective upon publication.
Vote was 7-0-0 with Commissioners Lefakis and McGill voting.
PH#2436- Text Amendment to Zoning Regulations to allow heliports in a BR District under limited circumstances, Massachusetts Mutual Life Insurance, Co., applicant.
Attorney Susan Hays of Updike, Kelly & Spellacy , P.C. and Steve O'Neill of VHB represented the applicant.
Ms. Hays explained that this request for a "helistop" or heliport is not site specific. No regulations of this type currently exist in the Town's regulations relating to business regional zones, but are allowed in several other zones.
The applicant proposes to add this amendment with the requirement of a special use permit and list of conditions.
During review of the proposed conditions, Chairman DiPace noted that the proposed end time of 10:00 p.m. is very late and asked that it be moved to 8:00 p.m. Ms. Hays agreed to the change.
Commissioner Egan asked that noise and pollution issues be addressed.
Ms. Hays replied that each applicant would need a special use permit and would have to comply with those required regulations as well. She mentioned willingness to add a reference to such in the text amendment. She noted that in the case of Mass Mutual, it is the applicant's intent to use the Route 91 corridor but weather and FAA rules will be a concern.
Commissioner Egan requested a layout of the general flight plan as part of the Special Use Permit application.
Commissioner Duren noted that low flying helicopters are a concern to surrounding neighbors due to the vibrations, causing windows and dishes to rattle.
In response to a question by Commissioner McGill, Ms. Hays stated that the Mass Mutual heliport would be ground based.
Mr. Giner noted that he has researched regulations on this matter in other towns. The few towns that do have such regulations, have those that are similar to what is proposed. They all mention FAA guidelines and required distance from residential areas. He suggested that these standards also be adopted for other zones where helicopters are already approved.
At this time, the hearing was opened for public comment.
Ms. Joan White of 3 Ridge Road expressed concern over safety and noise. She asked how many trips per day would take place.
Chairman DiPace noted that this change is not site specific. Each applicant would have to apply for a Special Use Permit.
Laura Therrialt of 2 Drummond Road expressed concern over the location on the property where the heliport would be.
Chairman DiPace again noted that each applicant would have to apply for a Special Use Permit and provide this type of information as part of the application process.
Jack Sheridan of Buchanan Road asked if this would be for a heliport or helistop or both.
Chairman DiPace answered that the application is for a heliport but that the proposed regulations would not allow for fueling or repairs of the helicopter. It would be strictly for landing and take-off. The helicopter would have to meet the Town's noise ordinance.
Mr. Giner added that the decibel level allowed would be determined by several factors, including the time of day of the occurrence.
John Gephart of 5 Oxford Drive asked that the FAA altitude requirements be spelled out in the regulations. He does not want his windows or dishes to rattle.
Ms. Hays stated that the word "heliport" was used because that is the term already used in the regulations.
She also stated that the number of flights and location of the helipad would be part of the Special Use Permit application.
Mr. Giner noted that a Special Use Permit process will include a public hearing and that all information will be available in the Planner's Office.
Mr. Giner also noted that CRCOG did not need to be notified because there are no BR zones within 500' of other CRCOG municipalities.
After the vote, Commissioner Hickey noted that the provision fills a void and encourages large corporate development
This hearing was closed.
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to approve modification of 5.20.1 Notes to Use Table by adding the following:
25. Heliports in the BR Zone are permitted only in planned commercial developments consisting of more than 50 acres and must meet the following criteria:
a. The heliport shall meet the criteria set forth in the Federal Aviation Administration's Heliport Design Guidelines, Advisory Circular NO. 150/5390-2A dated January 20, 1994, Chapter 2 - Private Use Heliports, as may be subsequently amended.
b. The heliport shall receive and maintain any and all federal and state licenses required for the operation of a private heliport.
c. The heliport may be used for private use service only and only as an accessory use to the primary use on the property. A revenue producing public helicopter passenger service shall not be permitted.
d. The heliport shall not be within a 300-foot radius, as measured from the center of the heliport pad, of a residential building, school building or other structure housing a place of worship located outside of the planned commercial development.
e. Except in the case of emergency, landings and take-offs shall be restricted to between the hours of 7:00 a.m. and 8:00 p.m.
f. No maintenance activities other than for emergency purposes and no supply facility for fuel shall be permitted on the site.
g. The flight paths of the incoming and outgoing helicopters shall be established by the applicant with due consideration for minimizing disturbance to surrounding residential properties, if any.
h. The heliport shall be designed, operated and maintained in such a manner as to prevent volatile levels of flammable liquids or the vapors of such liquids from entering buildings, spreading onto automobile parking areas, roads and drives and from entering the drainage systems of the site, roads or adjacent properties.
i. The heliport shall comply with all requirements set forth in Section 7.10 -Performance Standards.
j. The applicant shall provide a plan that illustrates the vertical and horizontal landing and take-off zones.
Vote was 7-0-0 with Commissioners McGill and Lefakis voting.
Old Business: None
12. New Business
a. SPR #1260 - Application for modification of approved plans at 524 Enfield Street (Enfield Pizza Palace) for an awning with signing on the building, Zoned BL, Map 33, Lot 65, Leisure Time Canvas, Applicant / J. B. Balis, LLC, Owner.
Mr. John Vogol of Leisure Time Canvas and Mr. Balis, owner of Pizza Palace presented their proposal to replace the existing awing. The proposed print on the awning does comply with the regulations.
Members reviewed photos that were included in their packet. Mr. Vogel provided samples of the material to be used.
Commissioner Duren asked if the signs located above the awning will need to be removed in order to comply with signage requirements.
Mr. Vogel stated that the sign above the awning is include in the proposed 156 square feet of signage. One hundred ninety square feet is allowed.
Mr. Giner noted that the restaurant is currently non conforming to the front set-back line.
A motion was made by Commissioner Duren and seconded by Commissioner Krebs to approve SPR #1260 with the following conditions:
Conditions to be Met Prior to Signing of Plans:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
Conditions to be met prior to the issuance of permits:
2. Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission.
General Conditions:
3. The new and replacement awnings shall not protrude any further into the front setback than the current awnings.
4. All signage on site is to conform with the Assistant Planner's calculations as shown in a memo dated March 8, 2004.
5. This approval is for the specific structures 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.
6. 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.
7. A building permit for the construction of facilities as approved must be obtained by April 1, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.
8. 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 with Commissioners Lefakis and McGill voting.
b. SPR #1261 - Application to install 500 gallon above ground oil tank at 241 Hazard Avenue in a BL District, Map 83, Lot 52, Alliance Energy Corp. Applicant/Owner.
The applicants were not present. Mr. Giner explained that the site is an Exxon Station at the intersection of Elms Street and Route 190. There is 19' clearance to the back curb.
Members reviewed the site plan. One parking space will need to be eliminated. The area is lined for one-way traffic.
Chairman DiPace noted that the fence surrounding the dumpster pad is falling down and needs to be repaired.
A motion was made by Commissioner Duren to approve SPR #1261 with conditions.
The motion was not seconded.
Members discussed a possible need of a lip on the concrete pad and possible roof over the tank.
After further discussion, Mr. Giner was instructed to obtain more information and detail from the applicant.
This item was continued.
13. Bond Releases
a. Request for de facto release of expired bonds per Finance Director.
14. Other Business
a. Discussion of 8-24 Referral for Grandview Drive.
Mr. Giner reported that he received a memo from John Cabibbo, Town Engineer on this matter, however, he did not have any copies available for the members. He briefly read through parts of it for the Commission.
Chairman DiPace stated that the Commission had asked for drainage calculations at the last meeting.
Dana Steele, engineer, stated that he can provide an approximate location of the pipes.
Chairman DiPace stressed the need for an exact set of plans.
Mr. Steele explained that the "as builts" that were prepared were for the road itself. The yard drains were done after the "as builts" were submitted.
Chairman DiPace asked the Commissioners if they wished to vote on the matter at this meeting or wait for one more meeting for the requested plans.
Commissioner Egan again expressed frustration at the delays and reiterated his request for an independent engineer's review.
Chairman DiPace expressed frustration over lack of information of the exact location of the pipes.
Attorney Dave Barry stated that the "as builts" have been provided for the roadway. The road was then sold to the developer.
Mr. Steele stated that the only thing missing from the plans provided are the yard drains. The plans will not show actual houses.
Several members of the audience made comments regarding this project. Chairman DiPace reminded them that no comments would be acknowledged.
The developer of the road noted that he could disconnect the pipes on the lots that he still owns.
Mr. Steele stated that any future additions to the drainage system would be addressed with the DPW. If the Town accepts the road, additional approvals will be done by the DPW and happen at the building permit stage.
Chairman DiPace noted that this item will be tabled until the next meeting, April 22, 2004 at which time a vote will be taken. No outbursts from the audience will be allowed. Plain clothes police will be in attendance.
Tabled until April 22, 2004 meeting.
b. Applications To Be Accepted :
The following applications were accepted:
PH#2437 - application Petition for amendment to Zoning Regulations to allow child daycare in Industrial I zones, David DiPiero, Applicant (cannot be heard by Commission until after CRCOG review)
PH #2438 - Application for a Special Use Permit to allow a class one liquor license (beer and wine) at 917 Enfield Street, Sarapes Restaurante, Zone BL, Map 26, lot 78, Maria Chavez, Applicant/Julie P. Lai, Owner (April 22, 2004 meeting)
PH #2439 - Petition for a change of zone from BL to BG to permit development of the property with a car wash at 290 Enfield Street, Map 34, Lot 160, Alan K. Tracy, Applicant/Inglewood Realty LLC, Owner (May 6, 2004 meeting)
PH #2440 - Application for a Special Use Permit to put in a 8x10 ft patio with concrete or fieldstone under an existing porch, with a chain link fence around the patio with a gate to exit at 41 Enfield Street, Zoned BL, Map 35, Lot 194, William Accorsi (Jiggy's) Applicant/Carolyn McKelvie, owner. (April 22, 2004 meeting)
PH # 2441 - Application for a Special Use Permit for parking lot expansion at 439 Enfield Street, Zone BL & R-33, Map 33, lots 245-246, 247 & 251, North Thompsonville Fire District #10, applicant/owner. (May 6, 2004 meeting)
PH # 2442 - Application for a Special Use Permit for change of use from retail to auto dealership with improvements to utilities, landscaping and building façade at 481 Enfield Street, Zoned BG, Map 33, Lot 256, LIA Auto Group, Applicant/owner. (May 6, 2004 meeting)
SPR #1261 - Application for modifications of conditions imposed to install one 500 gallon above ground fuel oil tank and remove one existing 1,000 gallon underground fuel oil tank at 241 Hazard Avenue Zone BL, Map 83, Lot 52, Alliance Energy Corporation, applicant/owner (requested administrative approval)
SPR #1262 - Application for a temporary outdoor recreation event for a Fanelli Amusement Co., carnival - set up on 5/17 - 5/19, operate 5/20 through 5/31 at 90 Elm Street, Zone BR, Map 43, 45, 47, Lot 3, 16, 20, 21, Westfield Shoppingtown Enfield applicant/owner.
SPR #126 - 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, zone TVC, Map 25, Lot 74, Richard Binns, Applicant/owner.
SPR #1264 - Application for modification of approved plans for handicap ramp and canopy at 70 Enfield Street, Zoned BG, Map 35, Lot 45, Marks Motorsports, applicant/Robert Nuger, Owner (requested administrative approval).
An application for a heliport on Moody Road is anticipated for the April 22, 2004 meeting as well.
Mr. Giner explained that the Town is requesting a minor amendment to the Freshwater Pond project. They would like to move the road in order to be able to plow the pond in the winter. It was the consensus of the Commission to allow Mr. Giner to handle this matter administratively.
15. Adjournment:
A motion was made by Commissioner Krebs and seconded by Commissioner Duren and unanimously voted to adjourn the meeting at 11:02 p.m.
Respectfully Submitted,
___________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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