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ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, OCTOBER 16, 2003
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, October 16, 2003 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Vice Chairman Charles Duren called the meeting to order at 7:30 p.m.
PRESENT: Charles Duren, Vice Chairman (Chairman James Howard is presently away on military duty.)
Anthony DiPace
Robert Egan
Karen Krebs
Nicles Lefakis
James Hickey, Jr.
Karen Weseliza, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve the Minutes of September 18, 2003. The Minutes were approved by a 5 - 0 - 0 vote.
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of October 2, 2003. The Minutes were approved by a 3 - 0 - 2 vote. Commissioners DiPace and Hickey abstained.
CORRESPONDENCE
Vice Chairman Duren reported receipt of correspondence from Rosalie Giangrosso, 11 Weymouth Road regarding truck parking on her street. Commissioner DiPace asked that this letter be forwarded to the Zoning Enforcement Officer.
Vice Chairman Duren also noted receipt of two letters from John and Kathleen Shepard requesting another workshop regarding the parking of commercial vehicles and the proposed changes to the ordinance.
Vice Chairman Duren read a letter dated October 7, 2003 from Carole and Jack Paskins regarding their positive experience in the Town of Enfield running the Benjamin Lord House, a Victorian bed and breakfast establishment.
Vice Chairman Duren reported receipt of Notices of Action from the Zoning Board of Appeals and the Inland Wetlands.
Vice Chairman Duren acknowledged receipt of copies of the Zoning News, the APA Memo from September and the Connecticut Planning Journal.
COMMISSIONERS' CORRESPONDENCE
Commissioner DiPace stated he was unable to be present at the last meeting and he was surprised to see some of the changes made to the proposed ordinance regarding the parking of commercial vehicles. He also expressed a concern about being excluded from a meeting with Vice Chairman Duren and Mr. Giner. Commissioner DiPace did receive an email with the proposed changes and responded to that email at approximately 5:00 p.m. on Thursday or just before the meeting. Commissioner DiPace stated he thought the consensus of the Commission at the workshop was that the numbers agreed upon that evening were the numbers that would be used. He feels the step that was taken to move those numbers back will backlog the Commission in the future.
Vice Chairman Duren stated he had some notes which Mr. Giner requested. He went to the office on Tuesday and gave his notes to Mr. Giner. That was the meeting. He did not work on or have anything to do with the draft presented. Mr. Giner mailed to Vice Chairman Duren and to Commissioner DiPace his proposed draft at the same time .
Commissioner DiPace recommended additional discussion on the proposed ordinance this evening since almost the full Commission is present.
Commissioner DiPace stated the CRCOG meeting scheduled for this evening has been cancelled and their next meeting is not until October 22. Mr. Giner stated the law has changed as of October 1, 2003. The requirement as of October 1 is to get something to CRCOG thirty days prior to by certified mail. If they do not respond within 30 days, even if they do not have a meeting, the town is okay. A hearing can also be started and tabled until CRCOG notification is received.
Mr. Giner stated there was discussion about how quickly he would be able to get a draft to CRCOG. If such a draft was completed in time, instead of having the full Commission authorize sending the draft to CRCOG, Mr. Giner could call Vice Chairman Duren and Commissioner DiPace and they would authorize the sending of the document to CRCOG. Mr. Giner stated he did not have the draft completed until Thursday morning and it was instead sent by email to the full Commission.
Commissioner DiPace noted the size changes that were included in final draft. Vice Chairman Duren noted that these figures were changed during a Commission discussion at the last meeting.
Commissioner Egan suggested that this discussion continue during the agenda item later in the meeting. Secondly, Commissioner Egan noted from the September 18, 2003 Minutes that "Commissioner Egan asked that the Commission receive a copy of the proposed ordinance regarding truck parking. Mr. Giner stated it is his intent to have it available for the next meeting and that he would be out of the office next week." Commissioner Egan stated the purpose was to expedite the process because time was of the essence in order to get the ordinance in place because of concerns about street parking.
Commissioner DiPace presented an email from himself to Mr. Giner dated October 2, 2003 at 5:04 p.m. or prior to the Planning and Zoning Commission meeting being held. It includes some changes and at that point the weight was still at 11,000 pounds. At the last meeting, the weight was changed to 9,000 pounds. Commissioner DiPace noted the box size was changed prior to that meeting. Commissioner DiPace stated the consensus of the Commission at the prior workshop was 16'. Vice Chairman Duren and Commissioner Egan disagreed and stated there was no consensus at that time for 16'.
Commissioner DiPace stated he will hold additional discussion until the agenda item later in the meeting.
PUBLIC HEARINGS - NEW
PH#2402 - Special Use Permit to allow conversion of an existing commercial building into an auto body facility at 513 Enfield Street (aka 3 Freemont Street), zoned BL, Map 33, Lots 257 and 258, Robert Artioli Jr., Applicant, Artioli LLC, Owner.
Attorney Thomas Tyler appeared before the Commission representing Artioli LLC, the owner, and Robert Artioli, Jr., the applicant.
Attorney Tyler stated they have been before the Commission previously and made many representations with regard to this facility at 513 Enfield Street. He would like to incorporate all previous statements by reference. He added that this application is part of the entire Artioli complex plan that they have been putting forth for the past couple of years. They did receive a variance from the Zoning Board of Appeals about a month ago to tear down the JI building and eliminate one of the entrance and exits to Enfield Street. This variance would allow all of the off-site loading to be done entirely on-site. They have also taken into consideration a lot of the prior comments of this Commission.
Tim Mulcahey appeared before the Commission also representing Artioli LLC. He currently works for PDS Construction and Engineering in Bloomfield, Connecticut. He was hired to come here and present their case. Artioli currently has an existing auto body shop on site that is antiquated. They have purchased a building on Enfield Street that is aesthetically challenged. Their intent is to take the existing structure and aesthetically enhance the building all the way around without making a significant dollar investment.
Vice Chairman Duren asked what will happen to the building that was used for an auto body shop. Mr. Mulcahey stated it will no longer be used for an auto body facility.
Vice Chairman Duren asked how the fumes would be vented due to the proximity to the residential area. Mr. Mulcahey stated they are vented out the garage doors rather than inside. Vice Chairman Duren asked about the fumes from the paint. Mr. Mulcahey stated they would be using a brand new system which he believes is vented through the roof.
Al Perez, representing Artioli, showed the Commission the proposed paint spray booth specifications which are all OSHA approved. The air that is coming out of the vents, which are vented up toward the roof, will be just as clean as can be. Attorney Tyler asked that this be made an exhibit of this public hearing.
Vice Chairman Duren asked about the concerns of the Water Pollution Control Authority. One has been addressed since there are no floor drains proposed. He does not see any storage area inside the building for the storage of the paints and whatever other chemicals will be used. Mr. Perez stated the paint booth will be equipped with a paint room attached to it inside the building.
Commissioner Weseliza asked about the lighting since there were previous concerns about the lighting around the main building. She asked if there are any lights proposed that will impact the neighbors. Mr. Mulcahey stated there will be no additional lighting.
Commissioner Egan asked if all work will be done inside and not in the parking lot. Mr. Mulcahey stated there will be no work done in the parking lot. Attorney Tyler also confirmed that all work would be done inside the building.
Commissioner Egan asked if the air will be treated from the paint booth before it goes out. Mr. Perez confirmed that the air will be filtered completely before it goes out. It also has to meet all OSHA and DEP requirements.
Commissioner Hickey noted this is an auto body repair shop and asked if this proposed use is in conjunction with the automobile sales or is it a public auto body shop. Attorney Tyler stated it would be an accessory use to the main Artioli business. It is not a separate business entity in and of itself. Attorney Tyler added if the question is are they starting another business that can independently operate on its own and spin off and be sold to someone else, that is not the purpose for which this is being proposed.
Commissioner Lefakis asked about the material for the exterior and if it is a baked on finish on steel. Mr. Mulcahey stated that is the material.
Commissioner Weseliza asked about access. Attorney Tyler stated this building is located right on Freemont.
Vice Chairman Duren opened this hearing to the audience. No one spoke in favor or against this application.
Mr. Giner noted his memo containing the proposed conditions and stated he has addressed the concerns of the Water Pollution Control and the Water Company in those conditions. The Water Company had a requirement that they be notified if there is any spill because this is within their recharge area.
Vice Chairman Duren reported receipt of a letter from the Water Company dated September 30, 2003.
Vice Chairman Duren closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2402 subject to the following conditions:
Referenced Plans:
"Artioli, LLC, 513 Enfield Street - U.S. Route 5 Enfield Connecticut, Property Resurvey Plan", Sheet C-100, Scale: 1"=20', by PDS Engineering & Construction, Inc., dated 9-16-03
"Artioli, LLC, 513 Enfield Street - U. S. Route 5, Enfield, Connecticut, Floor Plan\Exterior Elevations" , Sheet A-100, Scale: 1/8"=1'-0", by PDS Engineering & Construction, Inc., dated 8-21-03, revised to 9-15-03.
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. Sheet C-100 - "Endfiled" shall be corrected to "Enfield".
3. Final plans to be reviewed by the Water Pollution Control Division, Town Engineer, and Fire Marshall.
4. 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 a Zoning Permit:
5. One set of mylars and five sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.
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 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.
9. 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 :
10. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
11. 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.
12. The new Street number,"513" Enfield shall be displayed on west side of the building.
General Conditions:
13. Underground fuel storage shall be prohibited. Any above-ground fuel storage should be located inside the building within a containment area.
14. Floor drains shall be prohibited within the garage.
15. There shall be no outside storage of chemicals. Any chemicals shall be stored inside the building in a properly sized containment area designed to hold 110% of the total volume of the chemicals. Large quantities of chemicals shall not be stored onsite.
16. No outside storage of vehicles or equipment, other than what is approved with this application shall be allowed.
17. The Connecticut Water Company shall be immediately notified on any spills or discharge of chemicals or fuel oil.
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 project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
20. A zoning permit for this project as approved must be obtained by October 16, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 9.20.3 of the Enfield Zoning Regulations.
21. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
PH#2405 - Resubdivision of an existing 2 plus acre plus lot to create one new building lot at 187 Broad Brook Road, zoned R-44, Map 103, Lot 55, Estate of Ferdinand P. Kula, c.o. Dorothy C. Badeau, Executrix, Applicant/Owner.
Attorney Richard Cottone, 141 Hazard Avenue, appeared before the Commission regarding this application. He represents the applicant, Dorothy Badeau who is the Executrix of her late father's estate. Also present was David Palmberg, an engineer who has done extensive engineering on this proposal.
Attorney Cottone stated they have completed their process with Wetlands and last Tuesday they received approval with conditions. Some of the property located to the east and to the north contain wetlands. There is an existing house shown as 44,092 square feet and they would like to create an independent lot, Lot #2, of 44,549 square feet immediately to the north. They did not need any variances and this meets the requirements for frontage, setback and side lines. Attorney Cottone requested approval from the Commission.
Vice Chairman Duren asked if this meets the rear lot requirements regarding the driveway. Mr. Giner stated there is no rear lot proposed and the lot proposed would be a frontage lot on Broad Brook Road.
Attorney Cottone presented a letter regarding the fee in lieu of open space that is proposed with this application. Following some discussion in which the Commission determined that the appraisal was done by a real estate broker and not a certified appraiser, the Commission recommended handling this by a condition of approval.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2405, Resubdivision of an existing two plus acre plus lot to create one new building lot at 187 Broad Brook Road, zoned R-44, Map 103, Lot 55, Estate of Ferdinand P. Kula c/o Dorothy C. Badeau, Executrix, Applicant/Owner. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans:
"Resubdivision Plan, Prepared for the Estate of Ferdinand P. Kula, Enfield, Connecticut" Scale: 1"=20' Sheet No. 1 of 1, by William R. Palmberg & Son LLC, Land Surveyors, 04-09-03 and revised to 10-15-03.
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 mylar shall contain the following language to be located within the bounds of Parcel 2: "This parcel is subject to a fee in lieu of open space in an amount acceptable to the Town Planner after consulting with the Town Finance Official and will be due to the Town of Enfield upon the sale of the property."
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this approval shall either be incorporated on to the mylars submitted for signature or filed separately on the land records of the property.
4. The Public Hearing file number "PH 2405" shall be displayed prominently on the final plan sheet either in the title block or in the area around it.
Conditions to be met prior to the issuance of a Zoning Permit:
5. Two sets 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.
6. Signed mylars shall be filed with the Town Clerk no later than ninety (90) days from the expiration of the appeal period or this approval shall be null and void. The applicants shall provide such mylars to the Planning Department sufficiently in advance of this deadline to allow for review of the plans and the arrangement for the Commission Secretary to sign the mylars. The applicant may request an extension of the filing deadline in accordance with Section 8-25 of the CT. General Statutes. Any extension requests must be received in time to allow the Commission to act on them before the original deadline expires.
Conditions which must be met prior to the Issuance of a Zoning Certificate of Compliance:
7. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. Final plans shall also be submitted in a digital format prescribed by the Director of Planning unless waived by a three-fourths majority of the Commission.
General Conditions:
8. 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.
9. 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 Weseliza voting.
PH#2410 - Zone Change from Business General (BG) to Special Development District (SDD) for a 16.87 +/- acre property located at 1559 King Street (former Pace Warehouse), Map 17, Lot 39, Sound Enfield Group, LLC, Owner/Applicant.
Attorney Herbert Krasow appeared before the Commission regarding this application. He stated this is an application for a zone change from Business General to a Special Development District regarding property at 1559 King Street, the former Pace Warehouse property. This is one of two applications that will be before the Commission this evening and this one concerns the zone change.
Attorney Krasow stated there has been an inability over the last ten years to develop this property successfully under the provisions of a BG zone which only permits office and retail. There have been attempts to get a stand alone tenant, a retail user, on this property and they have been unsuccessful. Attorney Krasow presented an affidavit from the managing member of the owner of the property, Philip DiGennaro, who is present in the audience tonight. It confirms his efforts to try to rent this property and the lack of success. Attorney Krasow also presented a letter from Jay Morris from OR and L Commercial who is the listing broker on the property which states a similar position.
Attorney Krasow stated the property has been vacant for several years. The building has not for a continuous period of twenty-four years prior to today's date been fully occupied. The proposal is to develop the property in three phases for occupancy by Bernie's for a warehouse and distribution facility, an office and a retail store. Bernie's proposed lease will have an initial term of fifteen plus years with extension options up to twenty years.
Attorney Krasow noted Bernie's is a successful retailer founded in 1947 and touts itself as the largest family owned and operated television, appliance and bedding retailer. Currently Bernie's has eleven stores in Connecticut, Massachusetts and Rhode Island and its headquarters and distribution facilities are located in Bloomfield, Connecticut. If this proposal is accepted, they will move their headquarters, their distribution and retail store to Enfield.
Attorney Krasow stated Bernie's has a need for a larger facility and they intend to initially employ 97 people at the Enfield facility. Attorney Krasow noted their history in Connecticut documents their past success.
Attorney Krasow stated one of the important things in this application is the coverage issue. Under the regulations, there are no standards regarding coverage. It is left up to the Commission. In order for this project to be successful, they would have to get approval for a building coverage of approximately 32% and impervious coverage of 78%. The current coverage now in a BG zone is 25% for building and 78% for impervious.
Attorney Krasow discussed the history of the property which recommends the property cannot be developed in its current zone and it recommends a change of zone to the Special Development District. Prior to 1990, the property was occupied by Bradlees and Stop and Shop. In 1990, Pace Warehouse occupied the property. In 1994, First Union foreclosed on the property and in 1995 the applicant acquired title to the property. The applicant has had difficulty identifying somebody who would occupy the property long-term. There were prior temporary uses by the Post Office and Casual Corner but the property has been substantially vacant. Last year they entered into negotiations with BJ's for a facility and that did not work out. Mr. Rosenberg, who is the son of the founder of Bernie's and the President, is very interested in this property and is present this evening. Attorney Krasow felt this proposal would be a good solution to a key property in the Town of Enfield.
Under the Special Development District, Attorney Krasow noted there are eight requirements that have to be met in order for the Commission to make this change. Attorney Krasow stated in his presentation he gave the Commission facts that they can use to determine whether or not those conditions are satisfied. He offered to go through each of the eight requirements and address them. The consensus of the Commission was this was not necessary since it has been shown that they have been met.
Patrick Doherty, the Civil Engineer for this project, presented their plans for this project. They have prepared a traffic report and the author is present to do a presentation if the Commission desires.
Mr. Doherty presented the existing conditions of the site. There is an existing building of approximately 113,000 square feet that was formerly a retail use. There are approximately 723 parking spaces. What is not shown but what at one time existed was a traffic signal at the main driveway.
Mr. Doherty showed the master site plan for the development. They are planning development in three phases. Phase I would be to utilize the existing building by installing additional loading docks and converting a portion of the existing building to office use. In Phase II, there would be an expansion of the building by approximately 70,000 square feet and conversion of a portion of the building to retail use. They have separated parking areas for the three different uses. The office use in the corner is executive offices with parking spaces associated with that. The retail portion of the building would have its own parking field associated with it. Regarding circulation, they have tried to keep the circulation pattern so that the truck traffic does not interfere with the retail traffic. Trucks will enter and come to the main loading dock area. There will still be loading docks in the back and trucks going to that area would circulate on the perimeter.
Mr. Doherty stated the project is dependent upon installing a signal at the intersection.
Mr. Doherty presented an artist's rendering of the site. While the site is not exactly depicted as it would be on the master plan, it does show the building expansion area. If you compare the existing conditions plan to the master site plan, there is a lot more green area. The reason for this is the use being proposed of warehouse, distribution and office requires less parking spaces. Although the building is increasing, the amount of impervious coverage would be decreasing from eight-five percent existing down to seventy-eight percent. The proposed master plan would require 345 parking spaces.
Vice Chairman Duren stated the Commission will reference tonight's comments to the site plan application.
Mr. Korini, the Manager of Traffic Engineering Services at VHB in Middletown, Connecticut, and a registered professional engineer in the State of Connecticut discussed the traffic study. He stated they are recommending the installation of a traffic signal at the site driveway. That traffic signal will be coordinated with the signal that will be under construction by the state DOT. The Connecticut DOT will be upgrading the traffic signals along King Street from Depot Hill Road all the way to South Road. This project will be within that system. The system will be computerized for moving traffic along Route 5.
In conjunction with the traffic signal addition, they also recommended striping of Route 5, the north bound approach at the intersection. When you pass the driveway of King Street, it is two lanes in each direction. They are making sure that the traffic lines up with the departure lanes. The traffic light will be coordinated and operated at an accepted level of service during the peak hour.
Vice Chairman Duren opened this hearing to the public. No one spoke in favor or against this application.
Mr. Giner stated there is a memo from Ray Warren, Director of Economic Development, who could not be present this evening. He did provide a memo of support for this project. There have been many preliminary meetings and it was the town's suggestion to use the Special Development District. This site, given its history and its under utilization over the years, seemed to fit this. A coverage change is actually going to be making the impervious coverage less. Also, the 32% requested for the building coverage is between the low end of the 25% currently allowed in BG and the high end of 50% allowed if this was an industrial use. There is the flexibility of the Commission to set the standards and Mr. Giner has included the 32% as the parameter in his approval motion. The total build out would be 142,300 square feet of warehouse distribution, 21,600 of office use, 20,800 of retail use, 32% build out coverage and 78% impervious coverage. The project would come in with the various phases and modifications could be requested at any time similar to what was done at Bigelow.
Vice Chairman Duren closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2410, Zone Change from Business General (BG) to Special Development District (SDD) consisting of the following uses at build out: 142,300 square feet +- of warehouse/distribution use; 21,600 square feet +- of office use, 20,800 square feet +- of retail use, with a build-out building coverage of 32% +- and an impervious coverage of 78% +-; all on a 16.87 +/- acre property located at 1559 King Street (former Pace Warehouse), Map 17, Lot 39, Sound Enfield Group, LLC, Owner/Applicant.
Commissioner DiPace acknowledged the efforts of town staff to bring this project to completion.
The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting. Commissioner Hickey gave as a reason for approval the following: the zone change is to a Special Development District and the proposed use fits all the criteria outlined in the ordinance particularly Paragraph e. which states the proposal will provide a substantial benefit to the town and the immediate neighborhood.
OLD BUSINESS
Bond Releases
1. PR#771.04 - Request for release of Landscape Bond by Lego Systems at 100 Print Shop Road in the amount of $8,529.00.
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to release the landscape bond of Lego Systems, SPR#771.04 in the amount of $8,529.00. The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
2 SPR#1203 - Request by Patrick Macari for release of $7,300 Engineering Bond for work performed on Diana's Bakery High Street site.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the $7,300 Engineering Bond, SPR#1203 for work performed on Diana's Bakery, High Street site. The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
3. PH#2151 - Request by Spazzarini Construction for release of $300,630 Engineering Bond and $20,650 for Erosion and Sediment Bond for Grandview Drive subdivision (Riverview Estates off Old King Street).
A motion to release was made but later rescinded. No action was taken on this bond release by the Commission pending Mr. Giner communicating with property owner Karen Camidge, 10 Grandview, regarding issues with the way her property was graded and erosion problems. Ms. Camidge stated she has been told by engineers and others that her property is not close to what was approved. Mr. Gary LaPerle, a neighbor at 11 Grandview Drive, was also present and expressed similar concerns. Commissioner Egan recommended a review of the Inland Wetlands approval and the requirements of that approval.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to take items out of order and consider Items 9a. and 9c. on tonight's agenda at this time. The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
NEW BUSINESS
SPR#1239 - Application to erect a dry cement storage silo (11 feet diameter by 65 feet 5 inches high) at existing ready mix concrete plant with maximum height of 66 feet 8 inches at 248 Shaker Road, zoned I-2, Map 94, Lot 12, Tilcon Connecticut Inc./Tilcon Inc., Applicant/Owner.
Frank Lane, Director of Real Estate for Tilcon Connecticut, appeared before the Commission regarding this application. He requested approval to construct a foundation for an additional dry cement storage silo at the Tilcon plant at 248 Shaker Road. The site plan shows this structure located in the lower left hand corner adjacent to the existing plant. They received a no permit necessary ruling from Inland Wetlands. The silo foundation will be six feet deep and 19' x 19'in size.
Commissioner Egan stated there was some reference to not increasing the capacity and also, at the ART meeting, a request to install a stop sign. Mr. Lane pointed out the reference to the stop sign on the plans. He added that this construction will not change the capacity of the plant. The plant is limited by the tilter mixer. This would be providing storage for an additional type of dry cement that is necessary for some of the higher strength concrete products now in demand.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve SPR#1239 - application to erect a dry cement storage silo (11 feet diameter by 65 feet 5 inches high at existing ready mix concrete plant with maximum height of 66 feet 8 inches at 248 Shaker Road, zoned I-2, Map 94, Lot 12, Tilcon Connecticut Inc./Tilcon Inc., Applicant/Owner. This approval is subject to conformance with the referenced plans as may be required to be modified by this motion and the following conditions:
Referenced Plans:
"Site Plan Proposed Dry Cement Silo, Tilcon, Connecticut Inc. 248 Shaker Road Enfield, Connecticut" Scale: 1"=40' by Triton Environmental, dated 9/22/03 Inc.
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 1239" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3. 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 Zoning Permit:
4. 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.
5. An Erosion and Sediment Control Bond in the amount of $650.00 which includes installation, maintenance and final removal of silt fencing shall be submitted in the form of cash or a passbook, pledged to the Town.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
6. A stop sign shall be placed at the intersection of the driveway and Shaker Road.
General Conditions:
7. 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.
8. 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.
9. The construction of facilities as approved must be commenced by October 16, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
10. 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
The motion was approved by a 7 - 0 - 0 vote with Alternate Weseliza voting.
SPR#1244 - Application to allow first phase redevelopment of an existing 112,800 square foot structure for use as a warehouse distribution facility at 1559 King Street (see PH#2410 above.)
Attorney Krasow informed the Commission that after the approval, there have been some discussions about accelerating this project. They thought it would be more efficient to come in next month with Phase I and Phase II together. They are ready to go ahead now with Phase I but would prefer to present both. Attorney Krasow requested a tabling of this application and they would then file a new application to bring in Phase II at the same time. Mr. Giner will work with the applicant to do this.
Mr. Giner stated depending on the plans, this application may have to be rescheduled to November 20, 2003. Attorney Krasow stated November 20 is not an option for them and he asked about December. Mr. Giner noted the first meeting in December is December 4, 2003. Attorney Krasow requested a tabling of the application until November 6, 2003. Mr. Giner stated if Phase II is not ready by then, they can proceed with Phase I on that date.
OTHER BUSINESS
Discussion of proposed awning changes - Dunkin Donuts at 89 Elm Street
Carlos Gaetano, the owner of Dunkin Donuts at 89 Elm Street, stated this establishment formerly was Togo's and Dunkin Donuts. They have eliminated Togo's. He would like to now make this building just Dunkin Donuts with their colors. The awnings came back striped with the proposed colors and he asked if these could be installed. The awnings previously were solid green and now would be striped. This change would only affect the awnings.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve the proposed awning changes for Dunkin Donuts, 89 Elm Street, as presented (striped) with the understanding that this change applies only to the awnings. The motion was approved by a 7 - 0 - 0 vote.
Section 8-24 Referral - Acceptance of newer portion of existing street known as Neelans Road and associated improvements.
Mr. Giner presented an 8-24 referral regarding Neelans Road to the Commission for approval. He stated the Town Engineer's memo of October 9 confirms that everything has been done according to the plans.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to recommend approval to the Town Council of the acceptance of the newer portion of existing street known as Neelans Road and associated improvements as presented in the 8-24 referral. The motion was approved by a 7 - 0 - 0 vote.
Discussion of Draft Changes to Commercial Vehicle Parking Regulations
Vice Chairman Duren noted receipt of two letters requesting a second work session regarding the changes to the commercial vehicle parking regulations.
Vice Chairman Duren stated there is time at the public hearing to either add or subtract language to the revised regulation. Having another work session would, in his opinion, delay the process.
Commissioner DiPace stated another work session will take additional time and time is limited. He recommended keeping this item on the agenda for discussion to see what, if any, changes can be made. He noted whatever is sent to CRCOG will be a general rule as far as what is being requested but the Commission can change numbers after CRCOG approves it without having to go back to CRCOG. With the current schedule, by the time this proposed regulation change goes to a public hearing it could be December.
Mr. Giner stated it could go to CRCOG tomorrow and it could be on the agenda for a public hearing on November 20, 2003. By law, CRCOG has thirty days to act whether they have a meeting or not and this date would meet those time requirements.
Commissioner DiPace agreed that holding another workshop would delay the process into December.
Mr. Giner stated a public hearing is similar to a workshop and all conversation is on the record. Commissioner DiPace stated modifications could be made at that time.
Mr. Giner stated the current draft is not the final one and the purpose of the public hearing is to get input and allow the Commission to consider changes.
Commissioner DiPace stated the Commission has received input from the public regarding what they wanted. He added that he felt the proposed numbers are too low because they eliminate vehicles such as Ford Excursions.
Commissioner Egan suggested these regulations go to a public hearing since time is of the essence and there is a need to get this resolved to get the vehicles off the street. A public hearing would be the quickest way to resolve the issue and provide an opportunity for everyone to address the issues and then for the Commission to vote on the final document.
The consensus of the Commission was not to hold another workshop on the proposed regulations regarding commercial truck parking.
Following some discussion on the need for a vote regarding the Commission's position, Commissioner Egan made a motion, seconded by Commissioner Krebs, that the Enfield Planning and Zoning Commission not hold another work session regarding the changes to commercial vehicle parking regulations and that the Commission discuss setting a date for a public hearing.
Commissioner Lefakis noted that the discussion that takes place in a work session can also take place in a public hearing. He doesn't think concerned citizens are going to be short changed by an affirmative vote on this motion.
The motion was approved by a 7 - 0 - 0 vote.
The Commission reviewed the draft at the end of tonight's meeting.
Commissioner DiPace requested a change to ii.c. on page one from 15,000 pounds gross vehicle weight to 26,000 pounds gross vehicle weight. He also requested a change on page three, item D. from 15,000 pounds gross vehicle weight to 26,000 pounds. Mr. Giner stated he changed that because it was previously one and a half tons. It is only when located within 150' of a residence. He wanted to make it consistent. Commissioner DiPace felt this is already outdated. Mr. Giner stated the current regulation says one and a half ton capacity. If no change was made, businesses would have to keep trucks of at least a one and a half ton capacity at least 150' away from residences. This is not consistent if the proposed changes will allow more than one and a half ton capacity in a residential district. This provision has to be changed.
Commissioner DiPace stated currently his tow truck has a gross vehicle weight of 15,000 pounds. This is what is required by law. The new tow trucks are 19,000 gross vehicle weight. Mr. Giner agreed that the number had to be increased and he selected 15,000 as a minimum. Commissioner DiPace stated that has to be increased and he suggested it be increased to 26,000 pounds.
Commissioner DiPace stated his intent was to come to the last meeting and request a review of the maximum gross vehicle weight from 11,000 to 12,000 pounds. He felt with the 9,000 pounds proposed on the first page, the Commission will end up with everyone applying.
Following additional discussion, the following changes to the draft were recommended:
A.i. Only one commercial vehicle not exceeding 11,000 pounds gross vehicle weight… (During the discussion, Commissioner Egan added that some of the trucks at 11,000 pounds were moving vans that could hold the capacity of five to eight rooms of furniture. There was also some discussion to come up with a reasonable number and also give people an opportunity to apply for a special permit. Commissioner DiPace requested the change to 11,000 pounds to be more in line with the new vehicle sizes and new requirements. Discussion on particular trucks followed.)
A.ii.c. No commercial vehicle shall exceed 26,000 pounds.
On page two, under item B.xi. the first sentence should be eliminated because of a recommendation from the Town Attorney's Office that this may not be enforceable through the zoning regulations. The second sentence stating "A copy of any permit issued shall be forwarded to the Tax Assessor" would remain.
In 5.20.2 on page three, change 15,000 pounds gross vehicle weight to 26,000 pounds gross vehicle weight.
In 6.10.2 on page four of the draft, 15,000 pounds should be changed to 26,000 pounds in two places.
Mr. Giner will correct the numbering since there are two #20's and he will also change the table.
Commissioner DiPace suggested requiring that applicants applying for a special permit bring either a picture of the vehicle or the actual vehicle to the public hearing. Mr. Giner stated instead of putting it in the regulations, he would prefer that this be part of the instructions to the applicant.
The Commission set a public hearing for November 20, 2003 regarding the commercial truck parking ordinance revision.
APPLICATIONS TO BE RECEIVED
The following applications were received by the Commission:
PH#2413 - Application for a Special Use Permit for demolition of existing building and paving for storage of inventory at 543 Enfield Street, zoned BL, Map 33, Lot 267, Artioli, LLC, applicant/owner.
A public hearing will be scheduled for November 20, 2003.
PH#2424 - Application for a modification of an approved Special Use Permit to change from a restaurant permit to a café permit for Chicago Sams at 95 Elm Street, zoned BR, Map 43, Lot 1, Robert V. Caravello, Applicant.
A public hearing will be scheduled for November 6, 2003.
SPR#1245 - Application of Polish National Home for placing Nailite panels (imitation hand-cut stone) on exterior façade. Also, placement of two (2) awnings on exterior entrances. Additionally, two (2) signs above windows facing Alden Avenue. "One Entrance (facing Alden Avenue) permanently closed", zoned TV, Map 27, Lot 99, Polish National Home/Jan Fijolek, Applicant/Owner.
This application has been referred to the Enfield Revitalization Strategy Commission and it will be on the Commission's agenda following their review.
ADJOURNMENT
Commissioner DiPace made a motion, seconded by Commissioner Weseliza, to adjourn. Following a unanimous vote, the Commission adjourned at 9:25 p.m.
Respectfully submitted,
____________________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
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Last Modified: 11/5/2004 4:56:59 AM
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