|
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
SEPTEMBER 4, 2003
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, September 4, 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 presently away on military duty.)
PRESENT: Charles Duren, Vice Chairman
Anthony DiPace
Robert Egan
Karen Krebs
Nicles Lefakis (arrived at 7:34 p.m.)
James Hickey, Jr.
Jeffrey Cooper, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of July 10, 2003. The Minutes were approved by a 6 - 0 - 0 vote.
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of July 24, 2003. The Minutes were approved by a 6 - 0 - 1 vote. Commissioner Egan abstained.
STAFF COMMENTS
a. Town Attorney (in writing)
b. Zoning Enforcement Officer (in writing)
c. Director of Planning and Community Development
Mr. Giner reported the Town Council is considering an ordinance that would ban parking of commercial vehicles on city streets overnight. The purpose of that ordinance was to complement the zoning regulations which currently ban vehicles of three-quarter ton or more on residential lots on private property. As part of the deliberations on the ordinance, the Town Council requested this be brought up before the Planning and Zoning Commission so they can take a look at the current truck regulations and revisit them.
Mr. Giner stated he prepared a summary of what other towns do regarding commercial trucks. These regulations vary regarding truck sizes and allow from three-quarter ton to one and a half ton trucks. Other towns base it on gross vehicle weight and approximately 11,000 gross vehicle weight is the maximum. In other towns, such vehicles must meet the side setback or the truck must be parked in the back. Some of the stricter towns require that such trucks always be garaged or screened. Mr. Giner cited Cromwell's ordinance where they set a standard and allow special permits under certain conditions.
Commissioner DiPace stated Enfield's present regulations specifically state that over three-quarter ton commercial trucks are not allowed in residential areas. However, if you have camper plates or combination plates, the vehicle can be over three-quarter ton as long it is not lettered. Mr. Giner confirmed the town's regulations state if it is licensed as a commercial vehicle and used for a trade. The definition of commercial vehicle in the regulations states "a vehicle which exceeds a gross weight of 5,000 pounds, is licensed as a commercial vehicle, and is regularly used in the conduct of business, profession or trade."
Commissioner DiPace stated if a vehicle is registered as commercial and is ¾ ton or less, it is permitted.
Mr. Giner showed pictures of various trucks and described their weights. He recommended the Commission review the summary and at a future meeting schedule a public hearing or that he write something and have another discussion prior to a hearing.
Vice Chairman Duren stated if the Commissioners have any questions, they should contact Mr. Giner for answers. He, personally, has submitted some questions to Mr. Giner.
Commissioner Egan stated he has some other regulations that he would like to share with the Commission that are more detailed that the ones from other Connecticut towns. These are from across the country and they would contain additional information. Vice Chairman Duren asked that these be given to the Town Planner and he can send them to the full Commission.
Mr. Giner stated regarding the truck regulations, the regulations can be changed in two ways. The Commission could initiate an action or someone could apply for a change to the ordinance.
Commissioner DiPace suggested following a review of the summary provided by Mr. Giner, that this be an agenda item for the next meeting. At the next meeting, the Commission could schedule a public hearing for sometime in October. Mr. Giner stated there would be an additional thirty-five days needed because an ordinance change would have to be submitted to the Capitol Region Council of Governments for their review. This would mean a public hearing would be held the end of October or beginning of November.
Commissioner DiPace stated as far as any violations currently outstanding, the old regulations are still in force. Mr. Giner stated the Council's recommendation was that there be a moratorium. Mr. Giner noted following this procedure, the moratorium would require a public hearing on its own. By the time the hearing is held for a moratorium, Mr. Giner stated there could be a new regulation ready to go to public hearing.
Commissioner DiPace asked because the Commission is in the process of reviewing the ordinance on commercial vehicles, is there any way to hold off until the Commission decides what action to take. Vice Chairman Duren stated that would be up to the Zoning Enforcement Officer. Mr. Giner stated the Commission cannot mandate holding off on such violations because someone could take the town to court for not enforcing its laws.
Commissioner Cooper stated the Town Council did not take any action and their goal was to not allow parking of such commercial vehicles in the street. This is what will occur if the regulation keeps getting enforced.
Mr. Giner stated there are some regulations from other towns that include language regarding parking in the street. He would have to check with the Town Attorney regarding including such language in the ordinance.
Some discussion followed on the procedure to address a possible change in the regulations regarding commercial vehicles.
PUBLIC PARTICIPATION
Vice Chairman Duren reminded audience members that if they are going to discuss the commercial vehicle parking, the comments will be included in tonight's meeting minutes but will not be part of the legal public hearing which will be held at a later date and which has not yet been scheduled. He welcomed speakers but noted what is said tonight should be repeated when the public hearing is held since the Commission's decision will be based on what is included in the public hearing.
Kathleen Shepard, 1 Belinda Lane, presented a petition representing the voices of many Enfield residents that has been updated since it was presented to the Town Council on August 18, 2003. Vice Chairman Duren reiterated if this document is presented tonight, it is not part of the legal public hearing.
Kathleen Shepard stated her question is when they attended the August 18, 2003 Town Council Meeting and there was an extensive discussion, the impression they were given was to show up here tonight to express their concerns and the urgency of dealing with this issue. Ms. Shepard stated she has a copy of an interoffice memo from Mr. Alsbaugh in the Planning Department stating that this was an issue that was beginning to surface. She noted the urgency of handling this because they are able at this time to park the trucks on the street but that will not be the case when winter arrives. Ms. Shepard asked that the residents be allowed to participate in the discussions regarding gross vehicle weights and the variables regarding commercial vehicles. She noted these are people's livelihoods that the Commission would be dealing with and time is of the essence.
Mr. Giner stated what he is hearing from the Commission is they do want to do something about it but they do not yet have the specifics of what they want to do. There has to be a proposal regarding a possible change to the ordinance. Ms. Shepard stated it was suggested at the Town Council Meeting that the Planning and Zoning Commission consider placing a moratorium on this issue until it can be resolved. She has heard nothing tonight that indicates that that was a consideration.
Mr. Giner stated any kind of moratorium would require the Planning and Zoning Commission to hold a hearing where both sides can be heard. It is necessary to follow a set procedure as dictated by State Statutes. Vice Chairman Duren stated this would double the time frame for considering a change to the regulations.
Pat Colca, 70 Fairview Avenue, stated what he just heard makes about as much sense as when he had a problem with an 18-wheeler parked in front of his house because the driver wanted to visit his mother and father who lived on Enfield Street. The truck was blocking the fire hydrant. If there was an emergency, the truck would impede action by emergency personnel. Mr. Colca stated the police told him they could not do anything despite his complaints that this vehicle was blocking his view of the street. Mr. Colca stated he talked to some lawyers and if there was an accident because of a truck being parked like that creating a hazard, someone could sue the town. This truck was parked here one full weekend. Mr. Colca discussed the fact that his son is blind and this truck parking represents a hazard to him. A special hearing is fine but Mr. Colca noted some residents may not be able to attend. Vice Chairman Duren stated residents unable to attend may submit a written letter to the Commission's attention, Office of the Town Planner.
Valerie Wages, 27 Standish Street, stated regarding the trucks, no one here or in the petition with close to 500 signatures is trying to push tractor trailer trucks. These are personal vehicles. According to the state regulations, anything over ¾ ton is considered commercial and such a vehicle must have a combination plate. Ms. Wages stated until there can be a moratorium, the present situation forces the truck owners to park in the street and with the winter, there will be a parking ban. She questioned where they are supposed to put these vehicles. Ms. Wages stated people are being forced to put their work trucks on the street because they have been cited. If such vehicles are hit or vandalized, the insurance company will not cover these claims because the truck is parked in the street. She felt that the Commission is opening a can of worms by not passing a moratorium.
Vice Chairman Duren explained there are parameters within State Statutes that allow so many days. If the Commission does a moratorium, it will possibly take as long as it would to do a total hearing on a change to the ordinance. With a moratorium, there couldn't be any action on ordinance changes. There is also a need to send any change to CRCOG which requires thirty-five days.
Ms. Wages stated during that time all these people are being forced to park on the street and she questioned if the town would be responsible for any damage to the trucks.
Fred Goodman, 4 Rocket Run, presented some pictures and stated he has lived on this street since 1960 and it has been a nice quiet residential street. Now that he and his wife are elderly, they are suffering. Mr. Goodman noted if the town puts out a blanket ordinance that says you can park any truck you want, the result will be some bad apples. He feels this should be done on a case-by-case basis. He noted some of these people would not disturb the neighbors but his neighbor likes to throw iron rods on his truck at 5:00 a.m. or 12:00 midnight disturbing the entire neighborhood. He stated the neighbors are complaining and the truck owner went and got combination plates. Mr. Goodman asked that this Commission do something about this.
Mary Ann Turner, 7 Meadow Road, stated one of the audience members has an well thought out plan for a truck regulation change that will benefit the town. Ms. Turner noted the truck owners do not realize the process this Commission has to go through. The plan discusses getting these trucks out of the road. Ms. Turner noted the reason the town is in this predicament is because there was a truck running this past winter for a very long time and there was a request by a neighbor that they stop it because the fumes were going into their house. Ms. Turner referred to the town procedures which discuss noise, smells and loading and unloading which are associated with the town's noise ordinance. Ms. Turner stated the truck that initially started this is now parked in the street and this is now more of an issue. Previously, only one neighbor was aggravated and now it is the entire dead end street. Ms. Turner requested if the Commission is going to consider a zoning change that they consider that Enfield is a residential community and such truck parking would, in her opinion, technically be spot zoning. She felt the Commission has an opportunity to solve a minority's problem which represents a big problem for them but there is also a majority of people who have to live with it. She suggested permit fees, that trucks be parked 35' behind the frontage of the property, they should not be able to run their trucks at certain times and if they need to do so, they can only run them a certain amount of time. She discussed her neighbors that are long-haul truck drivers who have never had a problem but who also received a cease and desist order from the town. Ms. Turner added her feeling is get these trucks out of the road.
Mary Ann Turner stated she would also like the types of trucks specified along with the lot size requirement of the property the truck is on, and that this ordinance cannot be varied by the Enfield Zoning Board of Appeals. She asked that the Commission keep in mind the residents of the town as they make any changes to the ordinance.
Mary Ann Turner discussed the fire department coming to her neighborhood due to a spill in the street.
Mary Ann Turner discussed the buffer issue for the planned residential development abutting Meadow Lane. The Zoning Enforcement Officer is doing his best to keep the property owners from cutting the buffer. What is going on now is the landscaping is being augmented. This is changing the landscaping plan. The Commission previously accepted a change regarding landscaping and they are now in the process of changing it again but they have not come before this Commission for approval. Vice Chairman Duren requested that Mr. Giner check into this. Mr. Giner stated extending the planting area is a good thing in his opinion. Ms. Turner countered that such a change means the owner would have to provide the Commission with a new map showing the changed landscaping. Vice Chairman Duren asked that Mr. Giner send the Zoning Enforcement Officer to this site and that he inform the Commission what is occurring. Ms. Turner stated the landscaping efforts are occurring in the exclusive use area.
Bob Tkacz, 1300 Enfield Street, stated he is in the courier business. He noted that many people that live in Enfield have taken their trucks to Bradley International Airport and are not parking them on the residential streets of Enfield. When the ¾ ton rule was put in, a ¾ ton capacity was less than a ton. Now they have the super duty trucks and a ¾ ton truck actually has a two-ton capacity. He asked that the Commission allow the small businessman to stay in business like the plumber, the heating person and the electrician. Such businessmen should still be allowed to conduct their business in the town because they are on call. Mr. Tkacz further noted that the passenger vehicles that are 8,000 to 9,000 pounds should be taken into consideration and there should be some consistency across the board. Mr. Tkacz questioned that maybe ¾ ton is too low and the limit should be raised to l and ½ ton but that is the Commission's decision. He stated there are serious health issues with trucks including parking issues and fuel spills and there should be some restrictions. Some of these trucks that are in question have Massachusetts' registrations. They should be required to have Connecticut registrations. Mr. Tkacz stated some of these trucks have billboard advertising on them and that should be a consideration because it is out of character with a residential neighborhood.
Bob Tkacz stated recently in Suffield there was a court decision by the Superior Court. The issue was parking a tow truck which is not allowed in Suffield because parking such vehicles is out of character with the residential neighborhood. The decision by the court regarding this property located on the Suffield/East Granby line was that the defendants are permanently enjoined from maintaining any commercial vehicle, truck, bus, trailer, construction equipment, or other vehicle exceeding one and ½ ton capacity or used for commercial purposes upon their premises now located on South Grand Street. They will be fined $500 per day for the violation, if it continues, and have to pay all the court costs. They cannot park the tow truck in a residential area.
Bob Tkacz discussed the possibility of hazardous materials and this should also be a consideration. He asked that the Commission keep in mind that these are residential areas and some people have health issues which cannot be infringed upon.
Randy Baker, 7 Arrow Street, stated he has a commercial truck that weighs five tons that is registered in Massachusetts. He works in Massachusetts and is on call twenty-four hours a day, seven days a week. He works on cranes and when they go down, he has to go get them. He agreed that any vehicle can be a nuisance with oil leaks and other things but cars also have the same problems. He felt if the town gets rid of the trucks, people have to get rid of their cars. The problem he sees is there was a law in the town that someone did not like and they made a big issue about it. They turned a lot of people in that were not even in their neighborhood. Now it has become a push comes to shove situation. Mr. Baker did not feel this is right that over a couple of small problems in a certain neighborhood, the entire town is getting turned in by a certain few people. Mr. Baker stated a lot of people make a living this way. He has lived in this town since 1969 and has always had a truck and has never had a problem before. Every town has Snap-On or other tool trucks along with emergency vehicles. Mr. Baker felt this is a no-win situation. The truck owners have been to every possible place and it seems like nothing is getting done to resolve this situation. Mr. Baker further confirmed that having a truck is his livelihood and he would like people to help each other to end this conflict.
Commissioner Krebs stated the Commission has only been notified this evening and they will attempt to work this out but there is a specific procedure that has to be followed.
Mr. Baker stated on June 23, 2003, they were told to go to the Zoning Board of Appeals. There was an office memo sent on August 6 and August 18. Each person keeps sending them some place else and in the meantime, these people are going around turning everybody in.
Commissioner DiPace discussed specific truck sizes. He stated this will be part of the review for the proposed ordinance change. He also reiterated the Commission has to follow procedure in order to comply with State Statutes.
Mr. Baker stated it has been a frustrating situation.
Commissioner DiPace stated he would not want to be a tool truck owner with a valuable tool inventory and be told he has to park it down the street because this is an invitation to vandalism. He felt the Commission will have to do something to allow those vehicles and will work on a proposed ordinance change.
Vice Chairman Duren stated if residents have suggestions that they want to be considered, they can submit them to Jose Giner, the Director of Planning.
Mr. Baker volunteered to work with the Commission to discuss this matter.
Commissioner DiPace stated there should be a rough draft proposed and following that, the Commission should hold a workshop to discuss this.
Vice Chairman Duren asked if there was a rough draft presented, could a workshop session be held. Mr. Giner stated this workshop procedure was followed with the Hazardville Village Zone regulations.
Vice Chairman Duren asked that the Town Planner distribute a sign-up sheet for residents and they can be notified when the Commission has such a workshop meeting. Commissioner Egan felt it has to be a public hearing that is advertised and cannot be only a workshop. Everyone has to have a fair opportunity and both sides have to be represented. It should also be on the public record.
Vice Chairman Duren stated the workshop procedure was done with both the farm stands and Hazardville.
Mr. Giner stated the Commission can hold a meeting with an agenda to discuss possible changes to the regulations. Commission members requested that such a procedure be brought before the Town Attorney for his comment.
Commissioner Egan questioned why the Commission would want to extend the process. If there is a workshop prior to the public hearing, this is additional time. He questioned why the workshop cannot be coordinated with the public hearing so that this can be pursued without extending the time frame.
Mr. Baker stated the truck owners are trying to work with the town so that they can all be in compliance.
The consensus was to hold a workshop meeting if it is acceptable to the Town Attorney. Commissioner DiPace requested that the truck owners be provided with copies of the draft proposed ordinance.
Commissioner Lefakis requested that the audience member who had a suggestion for regulations provide that information to Mr. Giner for distribution to the full Commission.
Vice Chairman Duren stated the ideas residents have should be presented at the possible workshop meeting and also at the public hearing. The petition should be presented at the public hearing.
Commissioner DiPace stated the truck owners are now before the right town board. Vice Chairman Duren apologized and stated this should not have happened.
Commissioner Cooper stated he was present at the August 18, 2003 Town Council Meeting and the Council was trying to adopt a new ordinance to prohibit parking in the street. However, when everyone got up to speak, they were talking about the truck ordinance and this is where the confusion arose. Mr. Baker discussed how the two work together because if the trucks cannot park in the yards, they park in the street. The street issue became the issue before the Town Council.
Vice Chairman Duren questioned if the residents can be sent a draft of the proposed ordinance. Commissioner Egan stated the Commission has to go by the legislative process in order to do this ordinance change properly.
Commissioner DiPace asked that this be addressed as quickly as possible. He would prefer to see the trucks parked in driveways rather than in the streets because street parking could create blind spots especially for children.
Scott Daigle, 59 Laurel Street, requested that the Commission obtain information about a ½ ton truck, ¾ ton and 1 ton truck. Vice Chairman Duren stated that is what the Commission is trying to do. Mr. Daigle stated a ¾ ton truck weighs more than it really does. It is 8,600 pounds. He discussed the issue of Bosco's Autobody where one of his trucks weighs under 23,000. He has a thirty-minute response time and his issue is starting the truck during the winter weather. Mr. Daigle felt the weights have to be brought up before any decision is made.
Vice Chairman Duren stated the Commission is trying to obtain the necessary information and it will take the Commission some time to study this issue.
Linda Baker, 7 Arrow Street, stated some people have said they have a problem with these vehicles being in their neighborhoods. She stated in her neighborhood, most of her neighbors think that their vehicles are well kept, are very neat with or without writing on the side of them, and that they have neat yards. Neighbors do not feel these vehicles pose a detriment to them. Other people have had their neighbors attend the Zoning Board of Appeals and compliment the yards. She questioned the comments about these trucks being detrimental to the neighborhood and did not feel this was correct. One person had an estimate of their home done and it was determined their truck on their property did not cause any property devaluation in their neighborhood. Ms. Baker noted Enfield is a working, middle class town and not a super rich community.
Linda Baker stated there are a lot of people here that are still getting enforcement letters and she asked what these truck owners are supposed to do. Commissioner DiPace stated there is a need for such enforcement because if the town does not do this, someone could say the town is not abiding by their laws. Ms. Baker stated there is a certain time frame for compliance and if there is no compliance, a cease and desist is received. The result is the trucks are being parked in the streets. The problem will keep snowballing if some action is not taken immediately.
Vice Chairman Duren stated this Commission would love to do something immediately but the Commission has to follow State Statutes and cannot ignore the law. Commissioner DiPace added by the time it takes to go through the enforcement procedure, the Commission will have addressed a possible change.
Linda Baker questioned if the town has a right to do anything against anyone who is unduly costing the town money. She stated the people present are by no means the full representation of the people in this group. She also knows people that have one-ton trucks for their own personal use that are not commercially registered that are still bothered by this law.
Scott Gould, 3 Silver Lane, stated he has a vehicle and he went ahead and put in his own parking space off his other driveway. A lot of these other people that have these commercial vehicles did the same thing. They keep them away from their house or in better conditions than those seen on the street. Regarding these trucks having leaks, Mr. Gould stated it is highly unlikely. They go through the DOT process once a year and they check the vehicle extensively. If there is any leak, he is stopped and cannot go anywhere. As far as leaks on the road, the Fire Department gets called out for cars ninety-nine percent of the time. Mr. Gould stated he is on the Fire Department. The call regarding the oil spill was responded to by the Fire Department. It was noted that it was a six-foot oil spill but it was not. It was a six-inch oil spill. The person that called this in wasted the Fire Department's time and this is not a good thing. If there was a pressing emergency, the Fire Department would have been busy with a six-inch oil spill. Mr. Gould appreciates that they are getting some place with this Commission.
Vice Chairman Duren reiterated that residents are invited back when the public hearing is held. If the work session is allowed, that will be done. If residents have suggestions, they should send them to Town Planner Jose Giner.
CORRESPONDENCE
Vice Chairman Duren reported receipt of a copy of a memo from Roger Alsbaugh to Jose Giner regarding the August 6, 2003 Zoning Board of Appeals meeting. There is also a copy of a memo from Ray Warren regarding new legislation which takes effect in October. Correspondence further includes a letter from Mercury Realty Company, LLC regarding 141 Freshwater Boulevard and the withdrawal of their application.
Vice Chairman Duren questioned if the Zoning Board of Appeals' members can be invited to the proposed workshop regarding commercial vehicles.
Vice Chairman Duren reported receipt of a letter from Harry Madler and Notices of Action from the Historic District Commission and the Zoning Board of Appeals.
COMMISSIONERS' CORRESPONDENCE
Vice Chairman Duren stated Commissioners have received the RYA Corporation Practice Book.
Vice Chairman Duren reported the Connecticut Conference of Municipalities is having a convention at the Raddison Hotel in Cromwell if any Commissioners are interested in attending.
Also received was the Connecticut Resource Conservation and Development Area Plan of Work. Mr. Giner stated this agency is a consolidation of the Hartford County Soil and Conservation District which is now housed in Vernon. The Town of Enfield is paying dues to this organization.
Vice Chairman Duren stated there is a convention on Wednesday, September 24, 2003 at the Haddam, Connecticut Fire Station.
PUBLIC HEARINGS - Continued from July 24, 2003
a. PH#2385 - Application for a Special Use Permit to demolish an existing building and construct parking for storage of car dealer inventory at 543 Enfield Street in a proposed BG District, Map 33, Lot #267, Artioli, LLC, Applicant/Owner.
Vice Chairman Duren reported receipt of a letter of withdrawal from Dana Steele of J. R. Russo regarding this application. He writes that Mr. Artioli wishes to pursue the possibility of a variance of the parking area setback requirement before proceeding with the Special Use Permit for the property.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to accept the withdrawal of Artioli Dodge, PH#2385, without prejudice. The motion was approved by a 7 - 0 - 0 vote.
READING OF THE LEGAL NOTICE
9. PUBLIC HEARINGS - NEW
a. PH#2309.03 - Application for a Special Use Permit revision to allow 12 x 12 decks and 12 x 16 sunroom additions to certain units at the previously approved Autumn Fields SRD project located at the southwest corner of Elm and Moody Roads, zoned R-44, Map 75, Lot 1, Elm Development, LLC, Applicant/Owner.
Bob DiGennaro, Manager of Elm Development, and Michael Harrilchak, Managing Associate with Elm Development, appeared before the Commission regarding this application.
Mr. Harrilchak stated they are seeking permission to put in sunrooms if requested by specific purchasers. This Commission did approve that they could put decks on at Autumn Fields. Regarding the sunrooms, they would not be included on all the units. He presented a map showing that these sunrooms can be done since they do have the room within the setbacks. Mr. Harrilchak noted there is not room on all of the units for sunrooms.
Vice Chairman Duren asked if they have elevations of the proposed sunrooms. Mr. Harrilchak presented the elevations and stated the sunrooms will be architecturally designed to fit within the building itself.
Vice Chairman Duren stated on the maps presented, it shows a deck and a sunroom. He asked if that is the intent - to have both. Mr. Harrilchak stated the map shows there is room on either end to put either on. There may be a case where a sunroom is constructed with a small deck. Owners would be allowed to have both.
Mr. Harrilchak stated while owners would be allowed both a deck and a sunroom, there would have to be egress off the sunroom to the deck. They are talking 8' x 10' decks and the sunrooms would be architecturally designed and be available on an individual basis. Aesthetically, they would blend in with the unit.
Regarding the sunrooms, Mr. Harrilchak stated these rooms could be three-season rooms, screened porches or heated rooms.
Commissioner DiPace asked if any of the proposed additions would encroach into the wetlands. Mr. Harrilchak confirmed there would be no encroachment.
Commissioner Lefakis asked if they are saying some of the units could be built with decks, some with sunrooms enclosed with windows and some with sunrooms enclosed with screens. Mr. Harrilchak stated that would be correct. The maximum footprint allowed would be 10' x 14'. If there is a deck, the area would be a little larger. The deck would serve as egress off the sunroom. Mr. Harrilchak pointed out the areas on the map that have no neighbors and where the units back up to wetlands. They are building on sixteen acres which back up to an open area. There are eight units that front on Elm Street.
Commissioner Lefakis asked if the Commission imposed a maximum for requests in the past. Commissioner Krebs stated the application says a maximum of 12' x 16' for the sunrooms and 12' x 12' for the decks.
Mr. Harrilchak stated the proposed sunrooms would not be visible because they would be in the back.
Mr. Giner stated this is an approved senior residential development and the decks were allowed as part of the original approval.
Vice Chairman Duren opened this hearing to the public. No one spoke in favor or against this application. Vice Chairman Duren closed this public hearing.
Commissioner Lefakis stated he has a concern about the size of the deck because you could have a 12' x 16' sunroom and a 12' x 12' deck. Vice Chairman Duren suggested a condition that the width of the sunroom and the deck combined shall not exceed the width of the house.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2309.3, application for a Special Use Permit revision to allow 12' x 12' decks and 12' x 16' sunroom additions to certain units at the previously approved Autumn Fields SRD project located at the southwest corner of Elm and Moody Roads, zoned R-44, Map 75, Lot 1, Elm Development LLC, 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:
Conditions to be met prior to signing of plans:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
Conditions to be met prior to the issuance of permits:
2. One set of mylars and two sets of paper plans, with any required revisions incorporated on the sheets shall be submitted to the Planning and Community Development Department for signature of the Commission. The mylars shall be filed on the Land Records.
3. 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:
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. 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 approved.
6. No part of the decks or sunrooms, including stairs, shall project into any required setbacks.
7. All previous conditions of approval for PH#2309 not specifically modified by his approval shall remain in full force and effect.
8. The final as-builts submitted for each Certificate of Occupancy shall show the location of any decks and/or sunrooms. Any structures added after the initial CO shall require an as-built prior to use or occupancy.
9. Construction of facilities as approved must commence by September 4, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
10. The width of the sunroom and the deck combined shall not exceed the width of the house.
The motion was approved by a 7 - 0 - 0 vote.
b. PH#2396 - Application by the Enfield Planning and Zoning Commission for a Text Amendment to its Zoning Regulations to add provisions for a Hazardville Village Design District as an Overlay Zone with accompanying Zoning Map revisions to certain properties located off Hazard Avenue between its intersection with Elm Street and Park Street.
Vice Chairman Duren questioned on the overlay district on page four, attachment a, should the TVC remain in there or should that have been changed in the text. Mr. Giner stated this applies to all commercial zones. Number nine exists and they added Hazardville to it. The BLH and BGH are the Hazardville Districts.
Mr. Giner stated the copy before the Commission is the final copy and he has highlighted the changes that were made.
Mr. Giner stated this process began when the Commission revised the Enfield Plan of Conservation and Development. A consultant was hired in 1999 to start working on a Village District for Hazardville. He noted the proposed regulations would add an overlay zone as shown on the map which consists mostly of properties that front on Hazard Avenue. Some properties that go in the back are also part of this. Mr. Giner identified a property which should be designated BG on the map as this is the only commercially zoned property not identified.
Mr. Giner stated this overlay zone will provide some flexibility and there are some limitations to uses. The zoning in the overlay zone stays the same. Whatever is BG or BL stays the same and whatever is Residential remains Residential. The overlay zone would allow more creative uses for the properties.
Mr. Giner stated if property owners can put together an acre, they can pretty much do like what was done at Bigelow. This would include writing a set of regulations which would allow you to come in with a special use permit to implement a plan for a combination of uses. Mr. Giner felt the overlay zone will promote a village type atmosphere.
Mr. Giner stated there are incentives for people to cut back on curb cuts and also to provide parking by combining properties. Mr. Giner noted many of the properties are fairly deep and there is a lot of area in the back of them that could be used for parking. There are also incentives for people to get together with their neighbor and provide one access. The limit is 2,000 square feet and it doubles if you come in with a neighbor.
Commissioner DiPace brought up the bank which is in a residential zone. Mr. Giner confirmed that Commissioner DiPace is correct and it is residentially zoned.
Commissioner Lefakis asked about an area to the right on the map where it is cross hatched. He asked if that is following a property line. Mr. Giner stated he believes it follows the STR site which was formerly Springborn.
Mr. Giner stated the proposed regulations would allow any residential property owner to come in and do a limited office under the same conditions and same safeguards that were initiated by the light office zone.
Vice Chairman Duren asked if everyone within 500' of the proposed zone change was notified. Mr. Giner stated they were not. He took the mailing list that Community Development had produced from the January meeting and he sent out personal notices to people.
Commissioner Cooper brought up the use table on page 20 and he asked about not allowing motels and hotels in this zone. Mr. Giner stated they are not really neighborhood uses. The idea was to try to get neighborhood services. However, bed and breakfasts would be allowed. Further discussion followed. Commissioner Cooper noted that entertainment is also not allowed which would prohibit a use like a small jazz bar.
Mr. Giner stated anyone could come in and request an amendment but they would have to convince the Commission that it is a good idea. Whether cafes and restaurants are appropriate for Hazardville is a policy issue.
Vice Chairman Duren opened this application to the public.
Karen LaPlante, 166 North Maple Street, stated a couple of the uses that are not going to be permitted are existing uses like the bank. Vice Chairman Duren stated that use would be grandfathered. Ms. LaPlante questioned what happens when the bank changes hands. Vice Chairman Duren stated the use would go with the property. Mr. Giner confirmed it can be transferred as long as the nonconforming use is not expanded. If the building burned down, it could be rebuilt within six months with the same footprint.
Karen LaPlante stated there are some items included in the proposed zone that require a special permit that are not required anywhere else in town. Mr. Giner stated special use permits give the Commission the discretion to look at the surrounding uses or determine that a use does not fit. With a site plan, if all the regulations are met, the Commission would have to approve it.
Karen LaPlante stated a wireless communication tower would be nice. Mr. Giner stated the town could work on locating one on an existing structure. Some discussion followed on possible tower locations.
Karen LaPlante asked if the Hazardville Design District could include the same rules regarding banners that are included in the Thompsonville Village District. Mr. Giner stated that can be added in the future by a separate application. The proponents of banners have gone to the State and to the Town Council and they now need to come to the Commission. Mr. Giner stated the banners proposed for Hazardville include sponsorship messages.
Vice Chairman Duren closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2396, a text amendment to the zoning regulations to add provisions for a Hazardville Village Design District as an Overlay Zone with accompanying Zoning Map revisions to certain properties located off Hazard Avenue between its intersection with Elm Street and Park Street.
Commissioner DiPace asked if the jog on the map will be fixed. Mr. Giner stated he will double check the specific zone and if it is zoned differently, he will correct the jog on the map.
The motion was approved by a 7 - 0 - 0 vote. This text amendment will become effective upon publication in the newspaper or submission of it to the Town Clerk's Office.
c. PH#2397 - Application by the Enfield Planning and Zoning Commission for a text amendment to Section 9.30 to clarify that a Public Hearing sign must be displayed at or near the street line or traveled way in front of a property.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2397, a text amendment to Section 9.30 of the Enfield Zoning Ordinance to clarify that a Public Hearing sign must be displayed at or near the street line or traveled way in front of a property.
The motion was approved by a 7 - 0 - 0 vote. This text amendment will become effective upon publication or September 8, 2003.
d. PH#2399 - Application for a Special Permit for a modification of a nonconforming use to allow the construction of two additional dumpster pads with fence screening at 240 Brainard Road (DB Mart), in an R-33 District, Map 62, Lot 13, DB marketing, applicant/owner.
David Palmer and Roland Porter appeared before the Commission regarding this application
Mr. Palmer stated this site at 240 Brainard Road received a special use permit in January, 1976. In February of 2003 a notice was received regarding an expansion of a nonconforming use. On March 6, 2003, Steve White, the Director of Facilities for DB Mart, responded stating they were going to address the concerns and fix the problem. The problem is on the western side of the store there is an existing dumpster pad and there are two dumpsters in the parking lot that are not screened. Following Steve White's conversation, Mr. Palmer received a call the following day asking his firm to help correct this with the town since DB Mart is based in Rhode Island.
Mr. Palmer met with John Cabbibo and Wayne Bickley to find out what needed to be done and he prepared a plan and provided it to DB Mart for their review. There was correspondence back and forth between Wayne Bickley and Steve White up to June 9. On June 10, DB Mart received a cease and desist order from Wayne Bickley. Steve White left DB Mart at that time and this item fell to the wayside. They have since submitted the application and plans and are here tonight requesting an approval.
Mr. Palmer stated there is an existing dumpster on the side of the building which was part of the approved plan in 1976. There are two dumpsters, one the same as the one within the existing screening and a smaller dumpster for cardboard. They are proposing to install two additional concrete dumpster pads and enclose them with a chain link fence with vinyl slats for screening.
Commissioner DiPace asked if some landscaping could be added because there is a residential home directly behind this use and a church across the street. Mr. Porter stated the addition of landscaping would not be an issue. Vice Chairman Duren requested that the added landscaping be a condition of approval.
Commissioner Egan asked about the color of the fence slats. Mr. Porter stated they would be beige. The building is brick and he felt this color would blend in.
Vice Chairman Duren asked if the fire department will have access to the back of this building. Mr. Palmer showed the access on the plans. Vice Chairman Duren asked if there is room enough for the truck to get to the back of the building with the curb. Mr. Giner stated the proposed dumpster pads would not restrict any more than the existing pad since they are not getting any closer to the back line. Mr. Palmer confirmed that there is approximately sixteen feet from the screening to the back of the fence.
Vice Chairman Duren asked about the second dumpster, the one closest to Brainard Road, and if the access to that is going to be available to the trucks to pick it up. Mr. Palmer stated the pad is 8' x 8'. The dumpster is smaller and the truck would come in at an angle.
Vice Chairman Duren asked if there is any reason that the dumpster was not placed to the left of the building. Mr. Palmer stated it was because that is the area for access for the trucks.
Vice Chairman Duren opened this hearing to the public. No one spoke in favor or against this application. Vice Chairman Duren closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH #2399 - Application for a Special Permit for a modification of a non-conforming use to allow the construction of two additional dumpster pads with fence screening at 240 Brainard Road (DB Mart), in an R-33 District, Map 62, Lot 13, DB marketing, 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:
"Dumpster Enclosure Plan prepared for DB Mart - 240 Brainard Road, Enfield, Connecticut" By William R. Palmberg & Son LLC., Sheet 1 of 1, Scale: 1" = 20', dated 03/27/03.
Conditions o be Met Prior to Signing of Plans:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
2. Town Engineer shall review and approve the final plans submitted for signature.
Conditions to be met prior to the issuance of permits:
3. One set of mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission. The mylars shall be filed on the Land Records.
4. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
General Conditions:
5. 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 constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
7. Construction of facilities as approved must commence by September 4, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
8. One-half dozen flowering bushes acceptable to the Town Planner shall be planted to the north and west sides of the dumpster.
9. The color of the fence slats shall be beige.
The motion was approved by a 7 - 0 - 0 vote.
OLD BUSINESS
a. PH#2324 - Shaker Pines Fire Department request for extension of start date for telecommunication facility at fire station on Bacon Road.
Vice Chairman Duren stated there were some changes made requiring a need for the Shaker Pines Fire Department to apply for a new permit their telecommunication facility.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to extend the start of the date for the telecommunication facility at the fire station on Bacon Road per PH#2324 for one year. The motion was approved by a 7 - 0 - 0 vote.
b. Bond Releases
PH#829 - Request for release of sidewalk bond on property at 167 Hazard Avenue, Dr. Karanian, Owner.
Dr. Karanian addressed the Commission regarding the release of this sidewalk bond for property at 167 Hazard Avenue.
Dr. Karanian stated he is the owner of the property at 167 Hazard Avenue. He also has a professional building at 276 Hazard Avenue. He presented photographs of his property. There were also 8 x 10 photographs submitted by the Town Engineer. Mr. Karanian stated the larger pictures magnify the existing sidewalks at new construction sites. Had he known 8 x 10's would be used by the Town, Dr. Karanian would have provided the same size photographs.
Dr. Karanian noted pictures 1 and 2 show new homes adjacent to his land on the east side. These homes were built by Mr. Flanders, a building inspector from Suffield, and he got a sidewalk waiver from the previous town planner. Next to his homes further east are also homes that do not have sidewalks. Dr. Karanian stated the town is asking people to walk in the street past the new homes and yet asking him to have a sidewalk on his undeveloped wooded lot.
Dr. Karanian stated the fire hydrant shown in picture 1 is where his property begins. He noted pictures showing the side yard facing Hazard Avenue where there are no sidewalks. On the following page, the pictures looking west show the beginning of his property and pictures 5, 6 and 7 show the wooded area. Dr. Karanian stated all the way down to Palomba Drive, none of the undeveloped land has sidewalks. He asked why he is being required to install a sidewalk on his undeveloped land. He stated when Mr. Trudeau did the subdivision in 1976 it was expected that he would tear down the existing building and develop the wooded area. The building and the property still exist today the way it was at that time.
Dr. Karanian stated picture 8 shows part of the building on his property which is a dry cleaning establishment. He went on to describe the adjoining areas.
Dr. Karanian presented a picture of the former grocery store building noting there is no sidewalk in front of that building. Pictures 13 and 14 also show no sidewalks. In the background of picture 14 the former steak restaurant is shown and this building came under the new regulations and it has a sidewalk. However, that building was built in a different era. Pictures 16 and 17 show Guido's Restaurant with no sidewalks and no issue made about it. The Town Engineer speaks of sidewalks in front of the Big Y and other new buildings but they are new buildings. Dr. Karanian noted Janek's right next to the hospital and they do not have sidewalks. The only sidewalk the Town Engineer shows is in front of the former furniture store, Tarantino's, and Dr. Karanian acknowledged that sidewalk was there when the store was constructed.
Dr. Karanian stated there is a sidewalk which ends right at the wooded lot. There are no sidewalks on any of the wooded lots on Hazard Avenue. Dr. Karanian requested that this Commission be fair. They waived sidewalks for the new homes, the older buildings in the area do not have sidewalks and none of the undeveloped land has sidewalks. He questioned why he is being singled out and in his opinion this is a selective prosecution of the laws of the town. The Commission is picking and choosing their rules and their application of the same.
Vice Chairman Duren stated someone agreed in 1985 to install sidewalks. Dr. Karanian stated he purchased the property from Mr. Trudeau and when the property was subdivided, part of it was sold to Mr. Tartsinis. Vice Chairman Duren noted that Dr. Karanian inherited the requirement for sidewalks. Dr. Karanian confirmed when he purchased the property, he had to put up a bond. Commissioner DiPace noted that Mr. Tartsinis installed his sidewalks. Dr. Karanian stated his property has not changed and has not been developed. Vice Chairman Duren stated this is the only way the Commission gets sidewalks done, piece by piece.
Commissioner DiPace discussed the fact that the town should have called this bond and installed the sidewalks. Dr. Karanian stated the sidewalk was waived immediately adjacent to his property and this was new construction. Vice Chairman Duren stated this is comparing something recent to something purchased by Dr. Karanian knowing that sidewalks had to be done.
Vice Chairman Duren stated there is another application for the parcel of property further to the west for a medical building. Dr. Karanian stated the way his property is, there is no place to put a sidewalk. He questioned if he should tear up the asphalt to install sidewalks. Mr. Giner stated PH#829 will probably show the outlines of the lot to be subdivided with the condition that they put in sidewalks. He will research this matter.
Vice Chairman Duren noted the requirement for the sidewalk was originally placed on Mr. Trudeau, the former owner. Dr. Karanian stated there is no change on this property and there other old buildings that do not have sidewalks.
Commissioner Lefakis asked if there is a bond for a sidewalk on some of the undeveloped land as well. Mr. Giner stated it was all one subdivision and there were bonds required.
Further discussion followed in which Commissioner Egan commented that the condition for allowing the subdivision of the parcel was that sidewalks would be installed. Dr. Karanian purchased the property subject to all the conditions and he assumed the bond from Mr. Trudeau.
Dr. Karanian again requested that the Commission waive the sidewalks. Commissioner Egan noted there are other undeveloped parcels in other parts of town that have sidewalks. Also, portions of Hazard Avenue have sidewalks going out toward North Street.
Vice Chairman Duren noted receipt of a memo from John Cabbibo dated August 28, 2003 which gives some background and does not recommend release of the $8,203 bond.
Commissioner DiPace stated the Commission needs to know what the circumstances were. Vice Chairman Duren noted Mr. Tartsinis has installed his sidewalk and Dr. Karanian has to install them on his portion of the subdivision. Dr. Karanian felt the sidewalks should be installed when the property is developed.
Commissioner Lefakis stated he does not see a problem with releasing the bond and if at some point in the future someone develops the land, let them put in the sidewalks at that point. Commissioner DiPace stated there are two parcels and one has sidewalks. If the other parcel did not have sidewalks, he could see releasing the bond and making it so that when the parcel was developed, the sidewalks were installed. Commissioner DiPace discussed the present installation of sidewalks in the area.
Commissioner Lefakis stated some people just stripe the blacktop area for sidewalks and he pointed out Porcello's. Commissioner Egan stated the Town Engineer is not accepting what is on the property. Dr. Karanian felt this should be grandfathered because the asphalt has been there. Commissioner DiPace stated the Commission has received a letter from Engineering and they recommend the bond not be released. If Dr. Karanian can convince the Town Engineer to leave the property as is and paint white lines identifying the walking area, perhaps the installation of the sidewalks could be postponed.
Commissioner Krebs made a motion, seconded by Commissioner Lefakis, to release the bond for PH#829, 167 Hazard Avenue, sidewalk bond, Dr. Karanian, Owner. The motion was denied by a 1 - 5 - 1 vote. Commissioner Lefakis voted in favor; Commissioners Duren, Krebs, Hickey, Egan and Cooper voted nay; Commissioner DiPace abstained.
APPLICATIONS TO BE ACCEPTED
The following applications were accepted by the Commission:
PH #2399 - Application for a Special Use Permit to allow the modification of a pre-existing non-conforming use by installing dumpster pad for DB Mart located at corner of Washington and Brainard Roads. (previously scheduled for September 4)
PH #2400 - Application for a Special Use Permit for giving horse riding lessons, boarding, and training at 100 Fletcher Road, Zoned R-88, Map 118, Lot 4, Michelle Watson, applicant/owner. (previously scheduled for September 18)
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. (previously scheduled for September 18)
PH #2402 - Special Use Permit to allow conversion of an existing building into an auto body facility at 513 Enfield Street (aka 3 Freemont St.) , Artioli Dodge, applicant.
A public hearing will be scheduled for October 16, 2003.
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 & Sarah Thomas, applicants, Elm Tree, LLC, owners. (previously scheduled for September 18)
PH #2404/SPR 1240 - Special Use Permit for Continuing Care Community on North Maple Street, (Mayfield Drive), American Inn applicants.
A public hearing will be scheduled for November 6, 2003.
PH #2405 - Resubdivision of 1 lot for Estate of Ferdinand Kula at 187 Broad Brook Road.
A public hearing will be scheduled for October 2, 2003.
PH #2406 - Special Permit for Change of Use in Thompsonville Village District Zone for a Wire Transfer Service to be located at 65 High Street, Diego Jaramillo, applicant.
A public hearing will be scheduled for October 2, 2003.
SITE PLANS:
SPR # 1237 - Application for Site Plan review to expand parking lot at Allesee Orthodontic Appliances at 6 Niblick Road, Zoned IP. AOA Investments applicant/owners.
SPR #1238 - Application for Site Plan Review for a change of use to take-out Chinese Restaurant at 21 Enfield Street, zoned BL, Henry Zhao, applicant; Paul and Joseph Bellomo, owners.
SPR 1239 - Site Plan review to construct an additional dry cement storage silo at 248 Shaker Road, zoned I-2, Tilcon Connecticut, Inc. applicant/owner.
SPR 1241 - Site Plan review for change of use and façade modifications to the North School at 51 College Street in a TVCZ District, David Berto applicant/ Town of Enfield, owner.
SPR 1242 - Site Plan review for fire escape addition required by Fire Marshall at Powder Hollow Barn, 32 South Maple Street, zoned I-1, Ralph Sweet applicant/owner (Approved administratively)
OTHER BUSINESS
Vice Chairman Duren asked how the schedule for the revised truck ordinance will proceed. Mr. Giner stated he will draft something and get it to CRCOG so that it is on the table. Commissioner DiPace noted many of the different towns were going with the 11,000 pound range regarding weight. He suggested that trucks over 11,000 gross vehicle weight could be permitted by special use permit from Planning and Zoning only and not through a variance from the Zoning Board of Appeals.
Commissioner Lefakis questioned if there should be a combination of size as well as weight in the revised truck ordinance. Vice Chairman Duren stated there is a large truck in his neighborhood that is under ¾ ton capacity. Commissioner Egan noted the weight of the vehicle is set by the manufacturer.
Commissioner DiPace stated the registration weight cannot be used but you have to go by the manufacturer's gross vehicle weight. Further discussion on types of trucks followed.
Vice Chairman Duren stated a combination of length, width and height could be included in the proposed ordinance.
Commissioner DiPace reiterated that anything that does not meet the requirements listed should only be approved by the Planning and Zoning Commission through a special use permit. This would eliminate them going for a variance. Mr. Giner stated a standard can be set and if someone wants to go over the standard, they would have to apply for a special use permit and see what their neighbors have to say.
Vice Chairman Duren asked that idling time of trucks should be a consideration. The Commission discussed specific trucks that were brought up earlier this evening.
Commissioner Egan read from the ordinance and noted the definition of commercial vehicle. Mr. Giner stated the Commission can define it any way they want to and residents will have to adhere to the ordinance. Some discussion followed on the most accurate definition of a commercial vehicle.
ADJOURNMENT
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to adjourn. Following a unanimous vote, the Commission adjourned at 10:30 p.m.
Respectfully submitted,
_______________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
jmr
|
|
Last Modified: 11/5/2004 5:08:52 AM
|
|
|