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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
THURSDAY, SEPTEMBER 18, 2003
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, September 18, 2003 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Vice Chairman Duren called the meeting to order at 7:30 p.m. (Chairman James Howard is away on military duty.)
PRESENT: Charles Duren, Vice Chairman
Anthony DiPace
Robert Egan
James Hickey, Jr.
Karen Krebs
Nicles Lefakis
ABSENT: Jeffrey Cooper, Alternate
Joseph Jedynak, Alternate
Karen Weseliza, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of September 4, 2003. The Minutes were approved by a 6 - 0 - 0 vote.
CORRESPONDENCE
Vice Chairman Duren reported receipt of a letter from Ray Warren requesting that the Pace building proposal by Bernie's to create the Bernie's New England Regional Headquarters facility be put on the fast track regarding the necessary approvals. Mr. Giner stated they are proposing a zone change for a special development district and a concurrent site plan for Phase I. They would like to complete the Phase I warehousing and distribution center prior to the winter season. Phase II would be the office and retail portion. Vice Chairman Duren stated if this item was complete, it could be considered by the Commission at a special one-item meeting. Following some discussion, the consensus was to schedule this for the October 16, 2003 agenda unless action is needed prior to that date.
Vice Chairman Duren noted there is a workshop entitled "Main Street Solution" scheduled for Thursday, October 23, at the Omni New Haven Hotel. He stated that members of the Enfield Revitalization Commission are planning to attend.
Vice Chairman Duren reported receipt of a letter from Hope's Place. Also included in Correspondence was the Inland Wetlands Minutes.
Vice Chairman Duren reported there is a convention scheduled for November 18 at the World Trade Center in Boston. He also received a CD Rom training package. Mr. Giner will review this training package.
Vice Chairman Duren noted that Commissioners have received an updated zoning map. He questioned why the map was marked "unofficial." Mr. Giner stated the official one is the mylar filed in the Town Clerk's Office. Vice Chairman Duren stated there are some areas in the south end of the town where the Commission might want to consider rezoning to R-88.
Mr. Giner referred to the zoning map and stated there is a purple area on the map that was left over when the Bigelow area zone was changed. He will propose in the next month to change this area to Residential. The gentleman that owns the property wants to put in a residential property and the area is currently zoned Industrial.
PUBLIC HEARINGS - NEW
PH#2398 - Special Use Permit modification to allow all piercing at the Edge Beauty Shop at 55 Enfield Street, zoned BL, Map 35, Lot 207, Christopher J. Elia, Owner/Applicant.
Christopher Elia of the Edge Beauty Shop, 30 Pleasant Valley Road, South Windsor, appeared before the Commission regarding this application. He requested a modification of the existing special use permit to do all body piercing.
Mr. Elia thanked the Town of Enfield for allowing their business in the town. He noted the Commission initially chose to limit the piercing done at this location. He thought this would give the town a chance to see that it is a viable business and that he would keep it clean and do the right thing. He hopes that the town has seen that they have done that and will decide to grant a permit for full body piercing.
Vice Chairman Duren asked why Mr. Elia wants relief from the prior conditions of approval. Mr. Elia stated they are losing quite a bit of business because they are the only shop that is limited to piercing of belly buttons and ears and they are not able to be a full service shop. This is stopping customers from coming to them because they often come with friends and become repeat customers as well. They currently have four locations, three in Connecticut and one in Rhode Island. Recently, with the number of shops and competition that have opened up in the past few years, it has been difficult to do as well as they were. They hired a business person to come in and look at their business and this was a major issue. He thought if they could even the playing field to all the competition, they would be on an even basis.
Mr. Elia noted there are over 100 such businesses in the State of Connecticut. It is not his intent to focus on other people. However, there are people doing piercing in the malls here in Enfield and they are piercing more than his business is allowed to do. They are using piercing guns which his businesses do not use because they cause infections. Mr. Elia stated he has not had any lawsuits in any of the four shops because of any type of infections.
Commissioner Lefakis asked how long Mr. Elia has been doing full body piercing in his other locations. Mr. Elia stated ever since opening and the South Windsor shop has been open for approximately nine years.
Commissioner DiPace asked which section of the ordinance Mr. Elia is applying under because that section is not complete in the application. Mr. Elia stated he filled out the application in the Planning Office and was assured it was completed. He does not have a lot of experience in this area. Mr. Giner stated they are coming in under a modification of a special use permit.
Commissioner DiPace asked where under the new ordinance is this use allowed since he doesn't see anything listed. He noted it might have been a permitted use when it was initially approved but he doesn't see anything in the town's present regulations that would allow this business. He questioned how the Commission can modify something the ordinance no longer allows. In Commissioner DiPace's opinion, this use is nonconforming because the Commission removed the use from the regulations when the ordinance was revised.
Mr. Giner stated this was approved as an equivalent use to a beauty shop. Under the new ordinance, that use would be merged under the definition of personal services.
Commissioner DiPace stated this use was limited because it was near a residential area and the Commission did not feel it was proper for the neighborhood. He added that the Commission also got burned on some of the conditions. He questioned expanding the use even further when the Town Council is trying to do the Gateway to Enfield project and clean up the area.
Commissioner Hickey asked that Mr. Giner read from the ordinance the definition of personal services. Mr. Giner stated personal service businesses are businesses that provide services of a personal nature to individuals or their personal property rather than to businesses. Personal service businesses include, but are not limited to, barber shops, beauty shops, tailors and drycleaners, custom dress makers, jewelry repair and shoe repair. Mr. Giner stated the old regulations allowed someone to obtain a special permit for uses that were not specifically mentioned but were equivalent to. What happened is the Commission determined they would be equivalent to with those limitations. Technically, this application is coming in under the section where a modification to a special use permit is requested. The applicant is requesting a modification of the conditions of the special use permit.
Commissioner DiPace asked if a modification of the conditions would expand what was originally approved. Mr. Giner stated that is up to the Commission to determine.
Vice Chairman Duren stated the Commission was given the Minutes from July 30, 1998 where this application had a request for a modification. The original application was approved in 1996. The request in 1998 was to do full body piercing and make the business more of a full service establishment.
Commissioner Hickey noted the application is requesting all piercing rather than being limited as it is today. He asked what all piercing would include.
Mr. Elia stated he knows this is not everyone's idea of what they should be doing but they have a doctor and a track record of almost ten years. Such piercing is somewhat temporary. Mr. Elia stated the piercing would be piercing above the waist. There are some businesses that do full body piercing below the waist and he doesn't not see any need for that.
Mr. Elia stated the above the waist piercing is what he would request. He noted anything can be pierced. It is people's choice of self-expression.
Commissioner Krebs asked how often the doctor is on the premises. Mr. Elia stated she oversees the business monthly. They have meetings and she assures them that their personnel are properly trained in all procedures. She comes to the business once a month and is there for as long as it takes.
Commissioner Krebs asked about the hours of operation. Mr. Elia stated they are open Monday through Friday from 1:00 p.m. until 8:30 p.m. and until 9:00 p.m. during the summer. On Saturday, they are open from 11:00 a.m. to 9:30 p.m. and Sunday from 12:00 noon to 6:00 p.m.
Commissioner Hickey asked what type of license is required for this business. Mr. Elia stated he does not know exactly. Mr. Giner called the North Central Health District and there are some health licenses that are required. They have to have a licensed doctor in charge of the operation. There are licensing procedures from the Health Department and standards that they have to meet.
Commissioner DiPace asked what has changed since 1998. Mr. Elia stated approximately one year ago they opened up tattooing and body piercing in the State of Massachusetts. It took away approximately forty percent of their business. The reason he is before the Commission today is because business is not like it used to be and they are now feeling some pressure. Today there are approximately eighty shops that opened in Massachusetts that were not open in 1998.
Mr. Elia stated he would be happy if they could recover approximately ten percent of the forty percent of business that has been lost. He suggested the Commission give him a modification of the permit for one year and he would come back. Commissioner DiPace stated this Commission got burned on that once before. The Commission passed that on the original approval and was later told they could not condition such a permit to one year.
Mr. Elia stated he doesn't recall exactly what was going on at that time. He doesn't want to get into an argument but the only person that can burn you is yourself. He sincerely meant what he said when he said that he runs a good business and that the Commission would be happy.
Commissioner DiPace stated Mr. Elia also showed pictures of a building and that is not what is there today. The appearance is different. He also noted that the traffic on Route 5 has increased and the proposal is to intensify a use in this area.
Vice Chairman Duren asked about parking in front of the building. Mr. Giner stated there are fourteen parking spaces including some in the back and on the side. Vice Chairman Duren did not feel all those fourteen spaces were built. Mr. Elia stated regarding parking, they have an agreement with the people down the street and they use their parking area.
Commissioner DiPace showed a picture of what the building was supposed to look like. He also noted what the Commission ended up with. Mr. Elia stated they removed the old sign and put another one back in. He further noted that at that time they had not fully designed everything.
Mr. Elia stated in his opinion, the front of the building looks great.
Vice Chairman Duren asked what other business allows them to park on their property. Mr. Elia stated he is not prepared to go into that. He thought he was coming in for a modification of the permit and he did not think the Commission would get into this.
Vice Chairman Duren stated Mr. Elia has stated he is going to increase his business and this would require additional parking. He is asking where the parking is noting it is not in front of the store. Also, Mr. Elia never added any parking in the back or on the side. Mr. Elia stated they are coming off a 40% decrease in business and are looking to pick up an additional 10%.
Mr. Elia stated if the Commission does not feel this is a good idea, then that is the way it is. He can return with the information requested and noted they have unlimited parking available at their location.
Vice Chairman Duren stated if you go into this area and try to maneuver between 3:30 p.m. and 6:30 p.m., the traffic is heavy. The State is concerned and he does not know the status regarding the Gateway to Enfield project. Vice Chairman Duren stated the Northgate plan included a lot of parking which would relieve parking for this business and others which has always been a problem.
Vice Chairman Duren opened this hearing to the audience.
Patrick Danford, 8 Booth Road, thanked the Commission for the great job they are doing. He noted that traffic at this end of town is crazy. If there is an increase in this business without any more parking, there will be double the people coming down Booth Road swinging around in their driveways to go back up and cut through the light again. Mr. Danford stated this building doesn't look anything like it was supposed to. It is the ugliest building and has brought the neighborhood down. He stated full body piercing means full body piercing. Mr. Danford stated this gentleman came to town and opened up a business and most of his cars were registered in New Hampshire. He owes the State of Connecticut money and has not answered any of the Commission's questions tonight Mr. Danford stated if the Commission is not going to make a decision tonight, he will gladly contact the Health Department for the State of Connecticut and local doctors and the Commission will find out the number of cases that have gone to emergency rooms of children that have infections from piercing on parts of their body. Mr. Danford did not feel the Commission should allow full body piercing with the infections that occur. The health statistics are unbelievable when it comes to piercing of bodies and the infections that happen. Mr. Danford felt it is time that the town allowed this business to close because it came in under false pretenses. He would like to see businesses in there that will help the community to grow.
Mr. Danford noted that Mr. Elia states he has no experience. He owns four businesses and if you own a business, you know that you have to deal with the Health Department. Mr. Danford reiterated the parking at this location is crazy. He goes to Steve's Boston Seafood and it is difficult to try to get in and out of there and get back on to Route 5. You are taking your life in your hands in that part of town. With the traffic on Route 5, sometimes they are going fifty to sixty miles per hour and somehow the town has to slow it down.
Vice Chairman Duren stated that Commissioner Hickey pointed out the request was to allow all piercing at the Edge Beauty Shop. He questioned if that is what the legal notice states since that is what the application states. The applicant states that he wants to do piercing only above the waist which was what he came in for in 1998. However, the legal notice says all piercing. Mr. Giner stated he advertised exactly what was included in the application.
Commissioner Egan requested that the entire file be submitted as part of this public hearing. The reason he suggested this is there is some mention in the file of the other facilities in which other piercing is done below the waist. Mr. Elia states he is not going to do such piercing but he does it in his other facilities. Secondly, Commissioner Egan stated this file documents very well all of the health problems and issues that one could face in this type of operation. He believes that is the reason that the Planning and Zoning Commission limited the use of body piercing in the original special use permit. He thinks that is pretty relevant and important documentation that should be in the file and in the record. He will consider this information in considering any vote.
Vice Chairman Duren asked what was allowed under the original permit. All the Commission received was the memo from 1998. Mr. Giner showed the Commission the original permit and Commissioner DiPace read the original conditions of approval. The conditions limited piercing to ears and belly buttons and also allowed permanent cosmetics as listed.
Mr. Elia stated they have continued to do nails and sell beauty products. He understands that everyone has their own perspective. He is sorry if the Commission feels he misled them. He is trying to run a business and he is not perfect. One important point he asked that the Commission think about is people do what they are going to do as long as it is legal one way or the other. The danger to not allowing people to have a safe, healthy place to do these types of things is they will do it at home and they will get hurt. They will end up in the hospital. Piercing is a legal thing but it is not permanent. He personally has had his tongue and eyebrows and nose pierced and such piercing is not permanent. He is saying he can provide a safe, sterile environment for such piercing to be done. He does understand that everyone has their own point of view.
Commissioner DiPace stated the Commission was told at the last hearing that Mr. Elia had full body piercing at his other businesses and if customers wanted anything other than belly buttons or lips done, they would be sent to another location. Mr. Elia stated now they need to get whatever business they can. They are struggling business wise and he is trying to help his business.
Mr. Elia stated he understands the gentleman that spoke and said what he had to say. But at the same time, he has to look at the fact that these kids are going to do it on their own. He admitted he doesn't know everything about the law and everything about his business. He has partners, general managers and doctors and he does not do every job.
Vice Chairman Duren opened this hearing to the audience a second time. Vice Chairman Duren closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2398 - Special Use Permit modification to allow piercing at the Edge Beauty Shop at 55 Enfield Street, zoned BL, Map 35, Lot 2o07, Christopher J. Elia, Owner/Applicant, subject to conformance with the following conditions:
General Conditions:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
2. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land Records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
3. 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. All conditions of approval for the original permit, PH#1970, not specifically modified by this approval shall remain in full force and effect.
5. Piercing as approved is defined as piercing above the waist only.
Commissioner Egan stated the extension of the original special permit he would have gone along with but not he expansion of it including piercing of other body parts above the waist. He will vote against this because of the provisions in Section 9.20 which states: when authorizing a special permit, you should take into consideration the public health and safety and general welfare, and the comfort and convenience of the general public. Commissioner Egan feels that based on what he saw in the previous information filed and based on the testimony in this hearing, he is not sure that he wants Enfield to be expanding this body piercing. The file also contains some pretty convincing documentation that there is a health risk and a doctor coming in once a month does not address those issues. He would vote against any modification of the original permit.
Commissioner DiPace noted first the Commission heard that business was hurting and there are eighty new businesses in Massachusetts. The Commission also heard if this is not allowed, the kids will do it. Commissioner DiPace stated he doesn't think the kids will be running and try to do piercing on their own. He will not let the scare tactic intimidate him as far as the vote. He thinks if kids want to have piercing done, they are going to travel. They will go to other businesses that will allow such piercing.
Commissioner Hickey stated initially he was somewhat concerned because the applicant was not addressing the issues but things became clearer following additional discussion. Commissioner Hickey stated he personally finds the concept of piercing repugnant but it is being done. He thinks this expansion, despite his personal reservations, is allowable under the ordinance.
Vice Chairman Duren stated some of this discussion is similar to what occurred in 1998. He had no letter of agreement and has no letter of agreement now regarding the parking. Vice Chairman Duren stated there has also been an increase in traffic in the area. There are, at the most, four parking spaces at the front of this shop. The applicant has not shown the Commission any parking and with an increase of traffic, it is a hazard. Vice Chairman Duren also cited the increase in traffic accidents in this area. In his opinion, nothing has changed since 1998.
The motion was denied by a 2 - 4 - 0 vote. Commissioners Lefakis and Hickey voted in favor; Commissioners Duren, DiPace, Egan and Krebs voted nay.
The reasons for denial are traffic safety, not in compliance with the neighborhood which is residential to the back, and does not meet the parking requirements. There was no letter submitted from the neighbor allowing parking. The applicant also does not meet the special use permit criteria as outlined in Section 9.20.2a. of the ordinance.
PH#2400 - Special Use Permit to allow boarding, training and horseback riding lessons along with the breeding and selling of horses at 100 Fletcher Road, zoned R-88, Map 118, Lot 4, Michelle Watson, Applicant/Owner.
Michelle Watson appeared before the Commission and stated she is requesting permission for the boarding of horses, training of horses and to offer riding lessons. She currently breeds horses and sells them. She has informed her abutting neighbors most of whom own farms. She is looking to expand her business as a farm to allow additional farming operations.
Commissioner Krebs asked if there will be any additions to the farm buildings. Ms. Watson stated there will not be.
Commissioner DiPace asked if, in addition to boarding horses and teaching riding lessons, there will be shows at this location. Ms. Watson stated it is not her intent to have any shows as the facility is not large enough.
Commissioner DiPace noted the roads in the area are narrow and this would not allow parking on the sides of the street for any proposed shows.
Commissioner DiPace asked about the number of horses that would be boarded here. Ms. Watson stated there could be twenty horses at the main barn.
Commissioner DiPace asked about the number of employees. Ms. Watson stated in addition to herself there will be another employee teaching riding. She stated she is on the Board of Directors of the Arabian Breeders and does a work study program in town and takes in some students from Tolland.
Vice Chairman Duren opened this hearing to the audience. No one spoke in favor or against this application.
Mr. Giner stated the proposal would be an accessory use to the property. If this is allowed, this is the section of town you would want to locate such a use. It is all zoned R-88 and the zone allows breeding of horses as an accessory use. Mr. Giner stated the regulations state any farm uses other than certain things need to meet the special permit criteria. He cited footnote 5 on page 25 of the ordinance which states all farm buildings and uses other than the growing of crops and livestock shall meet special permit standards. This proposal would involve some minor commercial activity and there is parking on the site. The conditions of approval address that any new construction would require another appearance before the Commission.
Commissioner DiPace asked how many horses would be boarded. Ms. Watson stated it depends upon how many she sells. If there is a stall available because a horse was sold, she would like to make it available for boarding.
Mr. Giner asked if a condition of a 20-horse maximum would be acceptable. Ms. Watson stated that would not be a problem.
Commissioner DiPace stated his concern is about the boarding of horses. Ms. Watson stated when the horses have babies, there are two horses in a stall. Vice Chairman Duren suggested the number be limited to the amount of stalls in the barn. Commissioner Lefakis' opinion was a steadfast number was not required.
Vice Chairman Duren closed this pubic hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2400, Special Use Permit to allow boarding, training and horseback riding lessons along with the breeding and selling of horses at 100 Fletcher Road, zoned R-88, Map 118, Lot 4, Michelle Watson, Applicant/Owner. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the conditions listed in the memo from Jose Giner dated September 4, 2003.
Some discussion followed, led by Commissioner DiPace, regarding the need to limit the number of horses to avoid an excess of traffic or employees at this site. He suggested adding condition 8. No more than twenty stalls can be used for the boarding of horses and there shall only be two teachers for the teaching of riding.
Vice Chairman Duren stated if there is a change to the requested Special Use Permit, Ms. Watson would have to come back to the Commission to request a modification. Following further discussion, Commissioner DiPace withdrew his motion and Commissioner Krebs withdrew her second.
Commissioner Lefakis made a motion, seconded by Commissioner Egan, to approve PH#2400 - Special Use Permit to allow boarding, training and horseback riding lessons along with the breeding and selling of horses at 100 Fletcher Road, zoned R-88, Map 118, Lot 4, Michelle Watson, 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:
"Survey Prepared for Michelle Watson-Bitar, Enfield, Connecticut." Scale 1" = 50', prepared by William R. Palmberg and modified by the applicant to label areas of use, dated 5-13-94 and stamped "received" by the Planning Office on July 28, 2003.
Conditions to be met prior to the issuance of a Zoning Permit:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
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 Permit is approved as an accessory farm use to the principal single-family residential use.
4. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
5. No new construction or site work is approved as part of this application. Any future consideration shall require a permit amendment.
6. This project shall be operated 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. Use of facilities as approved must commence by September 18, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
Commissioner DiPace stated the Commission just reviewed an application previously approved and people commented that everything was controlled. He noted now the Commission is swinging all the way to the other side. He questioned what will happen if this property is sold. He stated there are reasons for the conditions placed on applications and ten years from now when there are different people here, they will see the Commission only allowed the boarding of twenty horses. However, if the majority of the Commission would like to leave the number wide open, he felt it is leaving a pandora's box open which the town will face in the future.
Vice Chairman Duren stated usually a stall is a certain size for a horse. On the map that was submitted, it shows the stalls only on one side of the barn. He questioned if more than twenty horses would fit in this facility. He also noted that any change in the nature of the use or the structure requires an approval and any new construction or site work has to come back to the Commission. He added that construction would be any changes inside the barn.
Commissioner DiPace stated if the Commission is going to leave the number open, he cannot vote in favor of this motion.
The motion was approved by a 5 - 1 - 0 vote. Commissioner DiPace voted nay.
The reasons for approval are it meets the requirements of the Enfield Zoning Ordinance, is in the Master Plan of Conservation and Development and is compatible with the neighborhood.
PH#2401 - Special Use Permit modification to allow a fenced enclosure for used tires at rear of Unit 1 (Firestone) at 33 Palomba Drive, zoned BR, Map 57, Lot 343, Manchem Limited Partnership, Owner/Applicant.
Commissioner DiPace did not participate in the application.
Scott Zimmerman and Ken Vincunas appeared before the Commission regarding this application.
Mr. Vincunas stated they are looking to install a fence in area approximately two parking spaces in size at the back portion of the existing Firestone building. Firestone previously had a storage container and they were notified that they cannot have such a container. Mr. Vincunas stated Firestone needs outside storage of tires which are picked up by a vendor. The proposed enclosure requested would be difficult to see from the street and they requested approval in order to make this business continue to run smoothly.
Commissioner Egan stated it looks as though this enclosure would take up some existing parking spaces. Mr. Zimmerman confirmed that they have a large amount of parking spots at this building.
Mr.Giner also confirmed there is never a parking problem at this location. They have parking all along the edge that no one ever uses. Parking in the back is used by the mechanics working on cars. The proposed location seemed to be the best spot for the enclosure. It is as far back as you can get from the road while still a part of the Firestone use. Other tire locations have also requested such an enclosure.
Commissioner Egan asked if the Fire Marshal has approved this plan and is there access for fire trucks. Mr. Zimmerman stated there is plenty of access because the site is wide open. There are no structures in the parking lot and just receiving doors on the building. Commissioner Egan would like to hear from the Fire Marshal regarding access because of the storage of tires on the site.
Mr. Vincunas stated the proposed location was chosen for the enclosure because it was not near the other buildings.
Mr. Giner suggested a condition of approval that the Fire Marshal approve the site plan prior to the issuing of the special use permit.
Vice Chairman Duren asked how often this enclosure is emptied. Mr. Zimmerman responded every seven to ten days.
Commissioner Lefakis asked about the species of trees that are located between this property and the U. S. Post Office. Mr. Vincunas stated they came in approximately six months ago and those trees were required by zoning. They installed them and they grew out of control.
Chairman Duren opened this hearing to the audience. No one spoke in favor or against this application.
Mr. Giner reiterated that this site has plenty of parking. The applicants did have a container previously that was sitting on the asphalt. The Zoning Enforcement Officer saw it and asked them to remove it. This is the best solution to not have any effects on neighboring properties. Mr. Giner also discussed the proposed conditions of approval.
Vice Chairman Duren closed this public hearing.
Commissioner Krebs made a motion, seconded by Commissioner Lefakis, to approve PH#2401 - Special Use Permit modification to allow a fenced enclosure for used tires at the rear of Unit 1 (Firestone) at 33 Palomba Drive, zoned BR, Map 57, Lot 343, Manchem Limited Partnership, Owner/Applicant. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans:
"Proposed Fenced Enclosure Approximately 20' x 20' x 6', 33 Palomba Drive" by applicants, stamped "received" by the Planning Office on August 5, 2003.
Conditions to be met prior to the issuance of a Zoning Permit:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
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. No tires shall be stored outside the fenced enclosure at any time.
4. No tires shall be stacked with the enclosure so as to be visible above the 6' high fence.
5. 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.
6. This project shall be operated 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. Construction of facilities as approved must commence by September 18, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
8. A final inspection is required prior to the commencement of use.
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.
10. Prior to the installation of the enclosure, the Fire Marshall shall be asked if there are any problems with the proposed enclosure location.
The motion was approved by a 5 - 0 - 0 vote. (Commissioner DiPace did not participate.)
PH#2403 - Special Use Permit modification to allow a photography home occupation in an apartment located at 1873-B Elm Street in an R-33 zone, Map 57, Lot 202, Dwayne and Sarah Thomas, Applicants, Elm Tree, LLC, owners.
Duane and Sarah Thomas appeared before the Commission regarding this application.
Mr. Thomas stated they have been in business for two years and have been doing photography and weddings. Approximately a year ago, they began doing portraits at the mall. They had a lot of their clientele ask when they were going to open a studio. They have since moved into an apartment that used to be an office and they decided to convert one of the rooms into a portrait studio. Mr. Thomas stated this would be a temporary situation until they are able to expand. Eventually they would like to have their own portrait studio.
Mr. Thomas stated the reason that they picked Enfield is because there are only a couple of portrait studios, Target and Sears. These facilities do not have the capability to do the full body photographs and only photograph from the waist up.
Commissioner Lefakis asked if the developing is done on the premises. Mr. Thomas stated it is all digital photography and they would do up to an 8" x 10" photo size at this location. Anything bigger would be sent to a lab in East Hartford.
Commissioner Krebs asked about the hours of operation. Mr. Thomas stated they plan to be open from 11:00 a.m. to 7:00 p.m. on either a walk-in or appointment basis. Regarding employees, there are Mr. Thomas and his wife and they would probably hire one other person.
Vice Chairman Duren opened this hearing to the audience. No one spoke in favor or against this application.
Mr. Giner stated when he initially discussed this application with Mr. Thomas, he thought it could be done as a home occupation. The zone is R-33 but there was a special use permit and this would be a modification. This site is located on the north side of Elm Street and next to Spaulding Gardens. The applicant is before the Commission tonight because there was a previously approved floor plan. Mr. Giner noted there is plenty of parking at this location.
Commissioner Lefakis asked if the applicants are planning to have a sign. Mr. Thomas stated he would like approval for a sign that is a little bigger than the existing sign. It would not be lit but have a logo that says portrait studio. Mr. Thomas noted there are other signs at this location because there was a building down below that was separate. The building was recently sold and the previous signs are still existing.
Mr. Giner stated the proposed photography use would be an accessory home occupation. He discussed the proposed conditions of approval.
Vice Chairman Duren closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2403 - Special use Permit modification to allow a photography home occupation in an apartment located at 173-B Elm Street in an R-33 zone, Map 57, Lot 202, Dwayne and Sarah Thomas, Applicants, Elm Tree, LLC, 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:
Reference Plans:
"173-B Elm Street, 2nd Floor Plan Apartment Arrangement" by the applicant.
Conditions to be met prior to the issuance of a Zoning Permit:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
2. This approval will become effective upon the filing of a Special Use Zonign 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 permit is approved as an accessory home occupation to the principal residential use. The apartment must be maintained as the principal residence of the applicant. The use shall terminate upon discontinuance of the residency by the applicant.
4. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
5. No new construction or site work is approved as part of this application.
6. This project shall be operated 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. Use of facilities as approved must commence by September 18, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
The motion was approved by a 6 - 0 - 0 vote.
OLD BUSINESS
Bond Releases
a. PH#2150 - Request for bond release for Meetinghouse Lane Subdivision - $17,187 for Engineering Bond and $5,200 for Erosion and Sediment Control Bond.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve Bond Release PH#2150 provided that fifteen percent of the original bonding amount is held for a maintenance bond. The motion was approved by a 6 - 0 - 0 vote.
NEW BUSINESS
a. SPR#1237 - Application to expand parking lot at Allelslsee Orthodontic Appliances at 6 Niblick Road, zoned IP, Map 55, Lot 89, AOA Investments, Applicant/Owner.
The applicant was not present regarding SPR#1237. Mr. Giner stated this application is for a parking lot expansion. It has received approval from the Inland Wetlands Commission. Also, revised plans were submitted after the Wetland approval that addressed the concerns of the Town Engineer.
Mr. Giner stated a formal memo has not been received from the Town Engineer to this Commission regarding this application. He recommended a condition of approval that the plans be subject to approval by the Town Engineer.
Mr. Giner stated the spillway is there for detention. Right now the drainage goes straight to Niblick Road and the Industrial Park. Commissioner Egan asked if this would be maintained. Mr. Giner stated there is a proposed condition that they have to put a schedule of maintenance on the plans.
Vice Chairman Duren saw a need to have something from Engineering. He recommended this be an agenda item for the next meeting pending receipt of a memo from the Town Engineer.
b. SPR#1238 - Application for a change of use to a take-out Chinese Restaurant at 21 Enfield Street, zoned BL, Map 35, Lot 182, Henry Zhao, Applicant/Owner.
Joseph and Paul Bellomo and Henry Zhao appeared before the Commission regarding this application.
Joseph Bellomo stated Henry Zhao would like to locate a Chinese take-out restaurant at 21 Enfield Street.
Commissioner Krebs asked about the hours of operation. Mr. Zhao stated they would be 11:00 a.m. to 9:30 p.m. seven days a week. He intends to have two to three employees.
Mr. Giner stated at the ART yesterday, there were some concerns that still need to be addressed. He suggested that the applicant appear before the Commission tonight should the Commission have any questions. There is a waiver being requested. The site is very small and the parking is on the state right of way. A waiver is required for the grease trap to allow them to install an indoor tub grinder. If the Council does not grant this waiver, the grease trap would have to be located on the adjacent lot owned by the owners of this lot or the state right of way. The second issue is they own the lot behind them and the concern was parking. The applicant had suggested there may be some spot behind this location but that plan would require a zone change. Mr. Giner had requested a conceptual plan so that staff could review the feasibility of such a plan.
Mr. Giner stated the intent would be to request approval from the Commission and work on a solution to add more parking to the business. Lieutenant Boula was also concerned about the traffic and they will involve him. If there is any room to add additional parking in the back and change the zone without causing any impact on the neighborhood, that may be a solution. The site has been here for well over 100 years but there is no room on the site for parking. All the parking is in the state right of way. Mr. Giner stated the intent is to resolve how to solve the parking issue and allow a business to locate here.
Mr. Giner asked if the Commission has any questions to direct to the applicant. He suggested the Commission table this pending receipt of a letter from Water Pollution Control.
Commissioner Lefakis felt there would be a need for less parking if it is a take-out only restaurant. Mr. Giner stated the parking situation is not as bad as if it was retail but there would be a traffic increase. The restaurant would not be doing deliveries.
Joe Bellomo stated Henry plans to have three employees and this would be a family business. He stated they own the property behind this site and the house behind it has a driveway that could hold six cars. They could request that their tenants have to park in that driveway which would alleviate six cars from the area. They are now parking on the side of Knox Street.
Joe Bellomo also stated that perhaps along their property line which would run along Knox Street that they could post the area for thirty-minute parking. They could put the employee parking behind the house and post the parking for thirty minutes along the street which would help the parking situation. In addition, they would like the Commission to know that the building has been in their family for some years. They would like to cooperate with the Commission to allow a use for this property.
Jose Bellomo stated parking has been a problem in the whole area. However, after some explanation, he did not feel that a take-out Chinese restaurant would create any more of a parking problem than currently exists.
Vice Chairman Duren asked when the existing barber shop is open. Joe Bellomo did not know the specific hours.
Paul Bellomo stated the businesses in the area have always shared parking. As far as the traffic, it really got bad in front of that area when Route 5 was widened to four lanes. The problem is that Route 5 becomes two lanes in Longmeadow. The heaviest use in the area is the gas station. The home commute is when there is a problem. When you are going north, the right lane is for Booth Road. The other lane is straight ahead but cars are all turning into the gas station. Mr. Bellomo felt the State created the problem. He suggested a three-lane situation in this area would improve the traffic flow.
Mr. Giner recommended tabling this application until there is a resolution regarding the waiver of the grease trap.
Joe Bellomo stated they will do whatever the town wants them to do regarding the grease trap. Mr. Giner stated if the resolution involves using the other property, the Commission would be approving a grease trap located on another piece of property. Mr. Giner felt there would be a problem if the Commission grants a permit to get started and something arises that is beyond the Commission's control.
Vice Chairman Duren asked why this application is on tonight's agenda. Paul Bellomo stated they are ready and the request was made regarding the grease trap waiver some time ago.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve SPR#1238 with the condition that the applicant obtain permission from Water Pollution Control for an indoor grease trap. Anything additional would have to return to this Commission for approval. The approval would be subject to conformance with the floor plans which contain no tables. The applicant shall also obtain all necessary Health Department permits. The motion was approved by a 6 - 0 - 0 vote.
OTHER BUSINESS
a. Section 8-24 Referral - Acceptance of street known as Meetinghouse Lane and associated improvements.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve this Section 8-24 referral for acceptance of the street known as Meetinghouse Lane and associated improvements and recommend approval to the Town Council. The motion was approved by a 6 - 0 - 0 vote.
APPLICATIONS TO BE RECEIVED
The following applications were received by the Commission:
PH#2407 - Application for a zone change (R-33 to BL) at 867 and 851 Enfield Street, Map 26, Lots 23 and 26, Troiano Professional CTR LLC, Applicant/Owner.
A public hearing will be scheduled for November 6, 2003.
PH#2408/SPR #1241 - Application to reopen the North School for use as business offices with only minor changes to the exterior from existing conditions, including repairs and cleanup at 51 College Street, Northeast corner of College and Church, zoned TVC, Map 27, Lot 102, David Berto, Housing Enterprises, Inc., Applicant/Town of Enfield, Owner.
A public hearing was previously scheduled for October 2, 2003.
PH#2409 - Application for a Zone Change (four separate parcels) from BL to BG for 2 Connecticut Avenue and 2 Enfield Street and Change of Zone from R-33 to BG for 4 Connecticut Avenue, Map 35, Lots 106, 107, 108 and 109, Alan Tracy, Applicant/Andie Silver and Thomas M. Terrier, Owners.
A public hearing will be scheduled for November 20, 2003.
The Commission requested that Mr. Giner requested a traffic report and an accident report from Lieutenant Boula along with a traffic study from the applicant regarding PH#2409.
PH#2410 - Application for a Zone Change from BG to SDD at 1559 King Street, Map 17, Lot 39, Sound Development, Applicant/Owner.
A public hearing was previously scheduled for October 16, 2003.
SPR#1243 - Site Plan Review for a proposed medical building at 103 Phoenix, zoned I-1, Map 46, Lot 27, PCS Engineering, Applicant/Frank Borawski, Owner.
SPR#1244 - Site Plan Review for proposed first phase redevelopment of existing 112,800 square feet structure for use as a warehouse distribution facility at 1559 King Street, (presently zoned BG but requesting rezone to SDD PH#2410) Map 17, Lot 39, Sound Enfield group, LLC, Applicant/Owner.
OTHER
Commissioner Egan asked if the Commission would receive a copy of the proposed ordinance regarding truck parking. Mr. Giner stated it is his intent to have that available for the next meeting. He will be out of the office next week.
ADJOURNMENT
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to adjourn. Following a unanimous vote, the Commission adjourned at 9:40 p.m.
Respectfully submitted,
__________________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
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Last Modified: 11/5/2004 4:58:15 AM
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