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ENFIELD PLANNING AND ZONING COMMISSION

MINUTES OF A REGULAR MEETING

JUNE 5, 2003

A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, June 5, 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

                             James Hickey, Jr.

                             Karen Krebs

                             Jeffrey Cooper, Alternate

                             Joseph Jedynak, Alternate

ALSO PRESENT:     Jose Giner, Director of Planning

ABSENT:                James Howard (away on military duty)

                             Anthony DiPace

                             Robert Egan

                             Nicles Lefakis

                             Karen Weseliza, Alternate

Vice Chairman Duren stated Joseph Jedynak and Jeffrey Cooper will be sitting in for the absent Commissioners.

STAFF COMMENTS

a.       Town Attorney (in writing)

b.       Zoning Enforcement Officer (in writing)

Vice Chairman Duren asked about the home occupation being conducted at 12 Summer Street.  Mr. Giner will check on just what type of ATM service this is.

Vice Chairman Duren asked about Rich's Oil.  Mr. Giner stated the Commission has an application to be received this evening regarding Rich's Oil.  The Wetlands Agency considered this application this past Tuesday and approved it.  It will be on the Commission's next agenda.

Vice Chairman Duren asked about King Street where there is storage of equipment and materials.  Mr. Giner stated that was referred to the Town Attorney's Office.

c.       Director of Planning and Community Development

Mr. Giner reported on the LIA Auto curb cut brought up by some Commissioners at a previous meeting. Mr. Giner reported that curb cut was not on their property.  It is on the adjacent Honda property and they have an application pending.  The Commission can ask about this curb cut at that time. 

Mr. Giner stated the Commission received an email sent to Jose Giner by Mr. Riley.  He was formally asking about a possible change to the regulations to permit storage trailers and containers.  Mr. Riley asked if the Commission would be doing this or entertaining any applications.  Vice Chairman Duren stated his intent was a discussion to not allow such storage trailers.  They are showing up in residential areas and he does not feel such  trailers or containers belong in residential areas.  Mr. Giner reported Mr. Bickley did send a cease and desist out and the Hartford Courant has appealed that cease and desist order.

Mr. Giner reported at the last Commission meeting with the business people, the Commission had requested that he start looking at the possibility of allowing some A-frame signs.  He did get a note out to the Planning List and he did get some helpful responses from other towns.  Some towns do allow them on a very temporary basis.  One town, Madison, allows A-frame signs with only one per property and the property owner applies for such a sign.  With more than 400' of frontage, a second A-frame sign is allowed.  Mr. Giner stated he is considering various alternatives for the Town of Enfield and he will present those to the Commission at a later date. 

Vice Chairman Duren outlined a to do list for Mr. Giner.  The first item is Planemetrics.  Mr. Giner stated he has the comments in to Bruce Hoben from the staff.  Vice Chairman Duren stated he would like to have seen those comments before they were sent to Mr. Hoben because they are the Commission's plans.  Mr. Giner stated the Commission will receive what was sent to Mr. Hoben. 

Vice Chairman Duren stated the second to do item is the formation of the ordinance on the neon lights.  Mr. Giner stated that proposed ordinance will be on the Commission's agenda for a hearing in July.

Vice Chairman Duren stated the third item is A-frame signs, an item previously covered by Mr. Giner.  Item four is storage trailers.  Item five is Vice Chairman Duren would like the words "or in such other location" removed from the current public hearing signs because that was never the intent.  The intent was to post them on the street. 

Vice Chairman Duren stated item six is a list from the author of the letter, Mr. Ray Warren and Mr. Giner regarding delegating more responsibilities to staff.  The Commission would like to know in what areas.

Vice Chairman Duren stated item seven is the booklet on how to for Planning and Zoning for the public.  Some discussion followed on the possible use of video or compact disk.  Mr. Giner stated he is in the process of putting the regulations on CD along with the zoning map and other items. 

Mr. Giner reported the Capitol Region Council of Governments has just adopted their master plan.  They will be distributing copies and as soon as he receives them, he will make them available to the Commission.

CORRESPONDENCE

Mr. Giner reported next Tuesday, June 10, 2003 from 7:00 p.m. to 9:00 p.m. at Asnuntuck College there will be a nationally renowned representative of the National Trust for Historic Preservation who will be discussing the economics of revitalization and historic preservation programs in commercial and residential neighborhoods.  All Commission members are invited to this presentation.

Vice Chairman Duren stated there is a letter from Steve Riley and this was previously discussed.  There is also a memo from Paul Censki regarding three items on tonight's agenda.  Correspondence also includes action that Mr. Giner took regarding SPR#1221 at 247 Hazard Avenue, SPR#1219 at 1204 Hazard Avenue and 50 Palomba Drive.

Vice Chairman Duren noted receipt of a memo from Inland Wetlands including the Minutes of their meeting. 

COMMISSIONERS' CORRESPONDENCE

Vice Chairman Duren reported the Town of Stonington is looking for a Director of Planning.  Also, the Journal includes an article regarding the importance of the Zoning Board of Appeals.

PUBLIC HEARINGS - NEW

PH #2378 - Application for a Special Use Permit under Section 5.20.2A. to allow used boat sales at 126 Hazard Avenue, in a BG zone, Map 65, Lot 65, Thomas J. Foy III, Applicant, Poway Associates, Owner.  (Must close by July 10)

Vice Chairman Duren noted this application was withdrawn per a letter received from Thomas J. Foy III to Jose Giner dated May 28, 2003.

PH #2383 - Application for a Zone Change from Residential -33(R-33) to Business Local (BL) for a portion of the property located at 544 Hazard Avenue, Map 101, Lot 192, Specialty Plumbing Supply Company, applicant/Labis & Goles, owners.  (Must close by July 10)

Jay Ursery of J. R. Russo and Associates, Attorney John Parks and David Leibman of Specialty Plumbing appeared before the Commission regarding this application.

Mr. Ursery referred the Commission to the plans submitted with this application.  He stated this is an application for a zone change for a parcel of land located on Hazard Avenue.  The property is bounded on the north by Hazard Avenue, east on Scitico Street, south on Leary Road, and westerly by Broad Brook Road and Route 191.  This parcel is 1.7 acres in total area and is located on the northeasterly corner of the block.  They are requesting a zone change from R-33 to Business Local.  Mr. Ursery stated they are looking to change only 1.4 acres of the total 1.7 acres of this parcel.  There is a strip of land which is part of the parcel which is approximately 55' x 220' or .3 acres on the southerly side of the parcel and they are not requesting a zone change for this property at this time.  This would become the buffering area for the residential properties located to the south of the parcel.

Mr. Ursery stated currently the parcel is zoned R-33.  As far as the existing zoning in the area, to the north on the other side of Route 190 is an existing BL zone and related business uses.  There is a restaurant, Specialty Plumbing, a Dunkin Donuts, and a hair salon.  To the northeast at the intersection of Hazard and Taylor, there is a four-way intersection and a Citgo gas station located diagonally across from the property that is the subject of this application.  To the east of the property on the opposite corner there is a liquor store.  To the west on the south side directly adjacent to this parcel is a Business General zone and there is a gas station located on the corner.  There is also a listing by lot number of all the surrounding properties and what those uses are whether residential or business.  To the other side of Broad Brook Road, there is R-33 zoning on the west side and behind the plaza on the north side of Route 190 are R-33 zoning and residential uses.  Looking to the east side of Scitico Street going south of the package store, there are residential uses with an apartment or condominium complex located almost directly east across the street from this parcel.  Going southerly, there are single-family residential uses.  On Leary Road, there are also single-family residential uses. 

Mr. Ursery stated regarding infrastructure for this area, State Highway Route 190 is the location and sanitary sewers are available for this site.  All the utilities are in.  There is city water and gas available and sufficient electric available.  Regarding traffic, at this point they have not done a traffic study but Route 190 being a state highway and this parcel being only 1.3 acres, the use would not be a large one due to the size.  It is their opinion that Route 190 can certainly handle any additional traffic that would be generated by a Business Local zone in this location.  Scitico Street is a residential street as you go south of this parcel.  The intersection is a signalized intersection at Taylor and Route 190 and can probably handle some additional traffic depending on what use might come in under the BL zone.  Mr. Ursery noted Specialty Plumbing is not a very intense use.  If the zone is changed and their business moved to this location, Scitico Street could support any traffic generated by Specialty Plumbing.  Other businesses that could be located in the BL zone would have to be considered on an individual basis depending on what they are and the traffic volumes that would be generated by those businesses.

Mr. Ursery stated the plans show a conceptual layout.  Currently there is a residential home located on the parcel.  The footprint of that house is approximately 1,500 square feet.  Specialty Plumbing would like to purchase the property and would be looking at adding a 4,000 to 5,000 square foot addition to this existing structure.  They would be renovating the existing building and using it for office space.  The addition would be used for showroom area and some storage area for the plumbing supplies that are sold. 

Mr. Ursery stated the plans show there is a residential zone located to the east, to the south and partially to the west.  They do have sufficient area to provide the required buffers.  These are the "C" buffer yard located to the west, the "A" buffer yard located to the easterly side and the "C" buffer yard located to the southerly side in the area that would be part of the parcel but which is not included in the requested zone change.   Currently on the southerly side just south of the parking area there is a scalloped area which is a pretty heavily treed white pine hedge that screens the residential parcel to the south. 

Mr. Ursery stated the conceptual plan presented shows a deferred parking area and a proposed parking area.  Specialty Plumbing is not an intense use as far as traffic.  The owner has stated he only needs five or six parking spaces but they have shown more than that along with a proposed location for some of the delivery vehicles to be parked on the southerly side of the parcel.  They have shown the deferred parking area to the westerly side to show that they can meet the zoning requirements with regard to the square footage and the number of parking spaces that would be required should this parcel be changed to BL.

Mr. Ursery stated in the conceptual layout, they are showing access off Scitico Street.  It is their opinion that access off Route 190/Hazard Avenue is something they probably would not want to do because of safety considerations and the exits and lights in the area.  Mr. Ursery did not feel the DOT would give them an encroachment permit for another curb cut to come out on Hazard Avenue because of the close proximity of the two existing intersections.  They are showing the driveway coming in on the southerly side of the proposed building off Scitico Street with most of the traffic coming in and out from the intersection at Scitico/Taylor Road and Hazard Avenue.  In their conversations with the owner, if need be when they receive the site plan approval, they could certainly include a no right hand turn sign and signs could be posted to keep all the traffic from coming in or out of this intersection. 

Commissioner Jedynak asked what type of trucks would be delivering store inventory.  Mr. Ursery stated there would be UPS and box type trucks with an occasional tractor trailer delivery.  The applicant has one Isuzu truck for the store use. 

Commissioner Cooper noted while the property is presently under contract, the applicant does not yet own it. 

Commissioner Hickey asked how many square feet the present use across the street contains.  Mr. Liebman stated it is approximately 3,000 square feet.  Commissioner Hickey noted the proposed business use would be a slight increase over what the applicant is currently occupying.  Mr. Liebman stated he would have a full 4,000 square feet of showroom with the new location and the balance would be office.  Commissioner Hickey stated the applicant is talking about converting the existing residence to office space.  He asked what would be done with the upper floors.  Mr. Liepin stated it would be office of some sort.

Commissioner Hickey asked if Specialty Plumbing is a retail business.  Mr. Liebman confirmed that it is and his customers are predominantly women.  His business is low volume with six to ten people per day.  He does not do the actual installation of the fixtures but only sells the products.  He does have people lined up that do the installation.

Vice Chairman Duren asked that Mr. Giner give the type of businesses that could be located at this site if the zone is changed to Business Local.  Mr. Giner stated the applicant has presented a conceptual plan and they are not bound by it.  They would have to return and get a site plan approval.  The Business Local uses are found in the regulations on Table 5-20.  He gave some examples which include child day care facilities, agricultural, amusement machines by special permit, auction rooms, bed and breakfast inns, retail stores, professional business offices, and commercial recreation uses. 

Commissioner Hickey confirmed that this application is only for a zone change for the land and a related site plan will be received by the Commission, should the zone change be approved, at a later meeting.  Commissioner Hickey noted that once the zone change is approved, there is nothing binding the applicant regarding such use. 

Mr. Giner responded to a question from Vice Chairman Duren and stated this particular application would constitute a retail use of plumbing supplies and would be considered under general retail. 

Commissioner Krebs asked if there has been anything submitted from the Traffic Safety Officer.  Mr. Giner stated at this time there is no site plan to review so there would not be any comments at this time.

Vice Chairman Duren questioned why the applicant is proposing to keep the southern part of the parcel R-33.  Attorney Parks stated the primary reason for the change is they studied the previous request for this parcel.  This was the site of a failed application to change the zone by a CVS approximately five years ago.  They studied the minutes of those hearings and they considered the comments made by Commissioners at that time.  One of the comments was it was believed that the application, which included the entire parcel, was too intrusive into the residential zone to the rear or south of this property.  Attorney Parks stated they did not need the full parcel and they have tried to distinguish themselves to give the Commission a different applicant, a different look and a different use at this location.  The things they feel distinguish this application, other than the fact that it is a different applicant, are that they are using less area with 1.3 acres and they are asking for less of a change.  They have traffic generation of six to ten cars a day with the present hours of operation 9:00 a.m. to 5:00 p.m. as opposed to the CVS application with longer hours.   They will preserve some of the residential character and they will keep the memorial in the area.  They will try to build off the existing structure with the addition.  

Vice Chairman Duren asked if the hours mentioned would be the same at the proposed location.  Attorney Parks stated it would be 9:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 12:00 noon on Saturday. 

Attorney Parks stated in the 1960's this property was zoned Business Local and some time in the 1970's the zone was changed to residential.  He presented a map from 1966 where the zone was Business Local.  He also has a map from the 1970's and BL is located across the street.  Attorney Parks stated the owner of the property is present tonight and is in favor of this application.

Attorney Parks stated this property has attempted to be marketed for almost the last six years.  It was on the market and there was the CVS application but since that time, it has not attracted any residential users.  Attorney Parks requested that the Commission look at if most of the buyers are looking at a potential commercial use at this location, which type of use would be the least intrusive into the area and to the zone.  These are some of the reasons why they tried to distinguish themselves a little bit.

Attorney Parks presented some background on Mr. Leibman.  He is the third generation in this plumbing business.  His grandfather started Shepard Plumbing in Rockville.  Mr. Leibman started in the location across the street from the requested parcel.  He had one unit and about three years ago he expanded to two units.  He intends to do an intensification of this use across the street. 

Vice Chairman Duren asked who would the R-33 property remaining belong to.  Attorney Parks stated it will belong to the property.  Their thought was this R-33 property could be part of their buffer. 

Commissioner Hickey noted the zoning regulations were redone two years ago.  In the course of developing the different zones, he sees this particular parcel as in between two business zonings.  He asked if the residential zone was continued because that is what it was or was their consideration given to the actual use of the property.  Mr. Giner stated the Commission changed the regulations but did not look at the comprehensive zoning of the town except for some overlay zones on Route 5 and some discussions regarding the north side of Elm Street.  Mr. Giner presented the Commission, prior to tonight's meeting, with the minutes from the previous zone change application for this parcel.    

Mr. Giner stated there was a concern the Commission had with the 1998 application about the site going too far to the south and being too intensive a use into the abutting residential area.  This may have been part of the reason the area was rezoned from BL to R-33.  Mr. Giner noted the statement made at the hearing was that some of the Commissioners felt this was definitely a business property but the question was how much of the property they wanted to rezone and they preferred to wait for applications to come in on a case by case basis.  He stated apparently the CVS application was not acceptable.  Mr. Giner stated the CVS application also had many petitioners against it.

Commissioner Hickey stated the change to a BL zone would permit a retail drug store.  Attorney Parks stated he has been the attorney for other drug store applications and they have a standard size they are looking for.  Apparently, they needed the entire property to accomplish what they wanted to accomplish at this location.

Commissioner Hickey felt the proposed BL zone would match the zoning across the street.

Mr. Giner stated at the previous hearing it was felt that it was unrealistic to think that this home would remain residential.  The concern was that the CVS proposal was coming too far below what the current line of commercial zoning was and impacting the residential area.

Commissioner Hickey stated he noticed in the previous minutes that there were concerns about the historic attributes of the house.  Mr. Giner stated there is no formal historic designation for this property. 

Vice Chairman Duren opened this application to the public.

Matthew Moranda, 9 Scitico Street, stated he fought vigorously against the previous CVS application because their exit was coming right at his front window and every night when a car would pull out of their driveway, the headlights would shine through his front window.  He acknowledged that this application is not requesting to rezone the property as far but from the pictures presented, it appears to go quite far into the residential area.  If the Commission zones it the way the applicant is requesting, Mr. Moranda felt the Business Local zone would still go too deep into the residential area.  He had additional concerns and stated once the zone is changed to BL for this property, it can open it up for a lot of other businesses. 

Mr. Moranda brought up traffic.  He stated Scitico Street has been a point of contention at the state level and he has gone to some of their meetings.  At the last meeting, they discussed closing Scitico Street from Hazard Avenue.  If that occurred, all of the traffic would have to go down Scitico Street.  Mr. Moranda stated there are a lot of accidents in this area and he believes last year there was a death on that corner.  He asked that the Commission consider these concerns before they change the zone to Business Local.

Vice Chairman Duren asked what committee discussed Route 190.  Mr. Moranda stated it was the Route 190 Corridor people at the state level.  Vice Chairman Duren asked if there is any way Mr. Giner could get the information regarding this.  Mr. Giner will ask if any specific recommendations were made regarding that area. 

Mr. Moranda stated at this state meeting they asked for a vote of the residents who were present.  They offered three options for Scitico Street.  The first was to make it one-way, the second to close it down and there was a third option.  Most people voted to close it down but the state did not take any action at that time.

Mr. Moranda reiterated that should Scitico Street be closed from Route 190, all the traffic would be going through the residential area. 

Mr. Moranda stated his major concern is he feels this property cuts too deeply into the residential area.  He is located at the end of the property and even though they are keeping some of it R-33, it still is going to be Business Local across from his home.  His concern may not be with this business because he has nice hours and is a small business but what happens if he leaves.  That is his major concern.

Mr. Moranda stated the other concern he would have is there is a buffer zone that will be left in an R-33 zone but if the present applicant leaves, someone else could come and petition to have the entire property rezoned BL.  Mr. Giner stated the buffer zone would have to stay regardless of whether the zone is changed.

Alfred Kershane, 460 Hazard Avenue, stated he would be totally in favor of this zone change.  The people have had this property for sale for over six years and it never sold as residential.  He thinks it is about time that it goes for the zone change to Business Local because there are businesses across the street, to the east and to the west.  The property is presently a lone residential property in the midst of business uses.  He stated he would not like to live there with the businesses located all around it.  He is in favor of this application and the only concern he does have is if Specialty Plumbing sells, it is opening the doors for who knows what.  As a plumbing shop, he would be totally in favor of the change.  Regarding the traffic, Mr. Kershane was at the same state meeting that Mr. Moranda was and the Traffic Study Committee did not make any real decision at that time.  It looked like they were leaning to have Scitico Street become one-way off Hazard Avenue to Leary Road and back on to Broad Brook Road.  If that should happen, there will be trucks going into a residential area.  Mr. Kershane reiterated he is totally in favor of the change to BL.

John Golas, 10 Scitico Street, stated he is a nephew of the property owner of 544 Hazard Avenue.  He owns the property just south of the proposed change.  As far as the use is concerned, it is a heavily business zone already.  He attended the state meeting concerning Route 190 and the State still has to address their complete plan.  Part of the problem occurs because of Scitico Street not being aligned with Taylor Road.  They are trying to address that situation because the traffic has to work their way through an intersection that is not aligned.  As far as the property itself and the plan itself, he will be living directly next store to it.  Given the proposed use, Mr. Golas stated he could live with that.  It is a very commercially developed area and across the street from the proposed zone change is the plaza plus a carpet store and a pizza shop.  There is a gas station and a liquor store.  He does not see how this use would be adding that much more to the commercial development of the area and he would support the change to Business Local.

Vice Chairman Duren read a letter from Patricia Griswold that was received at the Planning Office on June 3, 2003.  It states she owns the property located at 1 Scitico Street and has lived there for twelve years.  She does not want the property zone at 544 Hazard Avenue changed to commercial.  In making the property commercial, it has several different ramifications besides the historical meaning of the house.  This is an older house with quite a bit of property and within a quarter of a mile, Ms. Griswold can count at least five different businesses.  The daily activity by cars in this quarter of a mile is tremendous.  The state within the last several years has talked about making Scitico Street a dead end or only being able to enter Scitico Street by traveling on Route 190 east.  Ms. Griswold stated she has a wonderful view out of the front window of her house and this view could change very quickly if the Commission allows the area to be zoned to a commercial use.  She believes it is important to keep these types of houses in task and not just toss them to the side and make the entire Route 190 strip a mall and retail establishment.  Ms. Griswold noted the area surrounding this property is all residential where children play and animals live.  She asked that the property not be changed to commercial because it would ruin the neighborhood on Scitico Street and Leary Road.

Vice Chairman Duren asked if Commission members preferred to wait to receive the report regarding DOT prior to action.  The consensus was to wait for such a report.

Vice Chairman Duren stated there is no access to this property from Hazard Avenue at the present time.  Mr. Giner confirmed this and stated because of the location of this property he did not feel there would ever be a recommendation that there ever be any such access due to safety concerns.  Vice Chairman Duren asked that Mr. Giner find out from DOT whether they would allow such a curb cut.  Mr. Giner stated he knows the state's general policy and they try to get as much traffic off the main road.  Vice Chairman Duren noted the main concern is the intrusiveness of the traffic on to Scitico Street and Leary Road and back out which would occur if Scitico Street is closed off from Route 190.

Vice Chairman Duren asked if the applicant has checked if the state would allow a curb cut on to Route 190.  Jay Ursery stated he has not seen a report or anything written regarding Scitico Street and the DOT study.  He offered a few thoughts to the Commission.  As far as creating a dead end or closing the street, it doesn't seem to him from an emergency standpoint or even meeting the zoning regulations with length of cul de sac or length of dead end street that that is something that the state could do.  Vice Chairman Duren stated they previously closed Southview.

Mr. Ursery stated in talking about concerns and traffic, based upon the use they are talking about for Specialty Plumbing, they could approach the DOT with a situation where they could probably bring a driveway out with an exit only right hand turn only from this parcel.  They would be approximately 250' from the intersection and based on that specific use and the traffic of this use, it is something the state might consider. Mr. Giner stated he finds this difficult that they would consider this because without a right hand turn at the intersection, it would open up the possibility for rear end collisions.  In his opinion, it would be highly unlikely that the state would allow or the town's Traffic Safety Office would recommend any curb cut.  The reasons for this are the high traffic in the area and the two intersections at Broad Brook Road and Taylor Road.    

Commissioner Hickey stated the proposed curb cut on to Hazard Avenue would be more of a site plan issue.  Vice Chairman Duren agreed but stated the amount of traffic, where it goes and the intrusiveness into the neighborhood are zone change issues. 

Vice Chairman Duren stated he was unsure if the previous application by CVS contained a request for a curb cut on to Hazard Avenue.  Mr. Giner stated in their concept plan they were looking at that but he did not know how far along they got with this because they never reached the site plan stage.  The concept plan showed a full intersection. 

Commissioner Jedynak stated the proposed use only has six to ten cars per day.

Commissioner Cooper stated if this zone is changed, the entire area could end up being in chaos.  He would not be comfortable acting on this application without getting an idea what is going to happen to Scitico Street. 

Mr. Ursery stated it would seem to him that if the DOT was considering closing Scitico Street or making it one-way or a dead end street, right now the only access to this property is off Scitico Street.  Assuming that the DOT will not allow them another curb cut whether it is residential or another use on Hazard Avenue, Mr. Ursery doesn't see how they can eliminate them.  The existing driveway is currently relatively close to Hazard Avenue or approximately 110' from the edge of the driveway to the street line.

Commissioner Hickey stated when it says existing driveway to be removed, does that mean they intend to keep the curb cut.  Mr. Ursery stated in this particular application, they would eliminate it.  However, it would seem to be difficult to make it a dead end street and still provide access to this property without coming off Hazard Avenue.

Vice Chairman Duren asked that this hearing be continued pending receipt of a report from Mr. Giner regarding what the DOT is considering for this area of Hazard Avenue near Scitico Street.

This hearing was continued to June 19, 2003.

PH #2386 - Application for a Special Use Permit to allow more than two electronic amusement machines at a previously approved restaurant located at 136 Elm Street, in a Business Regional (BR) Zone, Map 57, Lot 329, Randy's Wooster St. Pizza Restaurant, applicant / SEA Enfield Stateline Plaza LLC, owner.  (Must close by July 10)

Vice Chairman Duren noted Commissioners Jedynak and Cooper will be sitting in for the absent Commissioners.

Attorney Susan Hayes, Updike, Kelly and Spellacy, 1 State Street, Hartford, Connecticut,  appeared before the Commission regarding this application.  They were before the Commission one to two months ago to get the special permit for the sale of liquor.  At that point, they had mentioned that although their building floor plan showed a game area, their special permit application at that time did not include a request for those.  It was an oversight on their part.

Attorney Hayes stated they are back before the Commission to obtain a special permit for more than two amusement facilities at Randy's Wooster Street Pizza Restaurant at Stateline Plaza.  Attorney Hayes stated the Commission has received the floor plan on which they have cross hatched the area where the game room will be located.  She noted some of the concerns the Commission members had with respect to the amusement facilities were security and surveillance. 

Attorney Hayes stated they are also concerned with security and surveillance.  They will have video surveillance with a camera that will connect to the television that will be located in the office.  They also will have a one-way mirror in the employee room so that any time there is an employee in the room, they can view it.  Attorney Hayes stated there has been a slight change in the building floor plan.  She highlighted the game area and the pizza bar where people will sit and where there will be servers.  Vice Chairman Duren noted the pizza bar was previously in a different location.  Attorney Hayes stated this area will also serve fountain drinks, ice cream and related items. 

Attorney Hayes stated the gaming facility will be available only to people eating at the restaurant.  It will not be open for people to just come in and play games after school and then leave. 

Vice Chairman Duren stated the employee area with the one-way window would only be viewed when an employee is in the room and it would not be constant watching and employees may only look into the area incidentally.  Attorney Hayes confirmed that to be the case.

Attorney Hayes pointed out this is not a stand alone video game facility.  It is part of a much larger facility that will have a substantial amount of activity both with customers, the wait staff and the cleaning staff.  The gaming area will not be an isolated hidden area where things can happen that people are not going to be aware of.  It's an area that will be open and can be monitored at all times by both employees and customers of the restaurant.

Commissioner Cooper noted someone could just come in off the street, order a slice of pizza and go into the gaming area.

Randy Price, owner of Randy's Wooster Street Pizza, stated they have had the same setup in all their other locations.  They have had customers who come in for pizza slices and go into the game room and play games and leave.  It is geared for customers who come into the restaurant.  He did not think people would go out of their way to come in just to play video games.  They have ten games at their Manchester location.  All their video games in all their other restaurants are child oriented and racing games that tie in with the theme of the restaurant.  There are no fighting or combat games but they do have vintage pac man games. 

Mr. Price stated the change they did make with the soda fountain means it is always occupied by an employee who has total visibility to the game room.   They previously showed a wall and that wall has now become a counter top making the area visible at all times.

Vice Chairman Duren asked if Mr. Giner has received the new plans with the wall broken down.  Mr. Giner stated it would have been an interior change.  He felt the gaming area is part of the restaurant and located way inside of it.  The concern about kids doing damage is totally with the owner and such concerns would not impact the neighborhood or any adjacent tenants.  The risk is solely the owners and it is in his best interest to make sure that the area is monitored.  In other more public areas, there was concern about loitering and impact on the neighborhood and that issue is not present here.  The gaming would be an accessory use to the restaurant.

Vice Chairman Duren stated the initial request allowed two gaming machines and they are now back requesting twelve additional machines. 

Vice Chairman Duren opened this application to the public.  No one spoke in favor or against this application.

Vice Chairman Duren closed this public hearing.    

Commissioner Krebs made a motion, seconded by Commissioner Cooper, to approve PH#2386 with the following 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 structure identified in the application.  Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.

4.       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.

5.       A building permit for the construction of facilities as approved must be obtained by June 5, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.

 The motion was approved by a 5 - 0 - 0 vote.

d.  PH #2387 - Application for a Modification to a Special Use to allow changes to an existing facade at Enfield Commons, 25 Hazard Avenue in a Business Regional (BR) Zone, Map 45, Lot 8, SEA Enfield Commons LLC, Applicant/Owner.  (Must close by July 10)

Attorney Susan Hayes appeared before the Commission regarding this application.

Attorney Hayes stated two to three months ago they were before the Commission with respect to the relocation of the Bob's Stores.  They were here regarding the trash compactor located in the rear of the store.  They had initially proposed a color change and then decided they would not go forward with that particular color change.  Since that time, in talking with the tenant, they have proposed a minor modification to the existing colors presently out there.

Attorney Hayes noted she previously submitted color photographs.  What they are looking to do is make some minor changes to the facade colors at the Bob's facility.  Comparing the two pictures, Attorney Hayes noted the change would be very minimal.  She presented the colors and materials they would be using and showed the colors that would be placed in various areas of the site.  Attorney Hayes stated while the colors are not the same as Barnes and Noble, they are pretty much in the same family or tone and it carries through. 

Attorney Hayes stated the Commission is happy with the present look of the center but she felt that what makes the center aesthetically pleasing is not so much its color but its architecture.  There are peaked roofs that delineate where the different stores are located.  The purpose for this change is Bob's would like to have a little bit of differentiation for its store from the remainder of the center.  Attorney Hayes stated Bob's will be the largest tenant in the center and will be an anchor tenant.  They would like to have something just a little bit different from what is out there to differentiate Bob's Store and also call some attention to it. 

Attorney Hayes stated she drove by the site tonight and it was interesting to her how much the Barnes and Noble stood out because it was different.   If the Commission allows some differentiation, the stores will stand out from the other stores but they won't stand out from the rest of the mall.  This is what they are looking for.  It will enable Bob's to have a little bit of differentiation from the remainder of the mall but not so different that it jumps out at you as you are driving by or in the center. 

Mr. Giner stated the first proposal by Bob's included a darker blue color.  The present proposal will blend in more with the rest of the plaza because of the earth tones.  Mr. Giner stated there is not a set color in this mall. 

Commissioner Krebs asked if there will be two teal lines as shown.  Attorney Hayes stated that would be part of the sign.  Mr. Giner stated the sign colors vary and the current Bob's sign is also a mix of colors.

Attorney Hayes stated they are attempting to get away from the green and pink combination with colors that are a little more updated. 

Vice Chairman Duren opened this hearing to the public.  No one spoke in favor or against this application.

Vice Chairman Duren noted approval of tonight's application will not include approval of the sign.  The sign would come in for a separate sign permit.

Vice Chairman Duren closed this public hearing.

Commissioner Krebs made a motion, seconded by Commissioner Cooper, to approve PH#2387 with the following 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 structure identified in the application.  Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.

4.  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.

5.  A building permit for the construction of facilities as approved must be obtained by June 5, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.

The motion was approved by a 5 - 0 - 0 vote.

e.  PH #2381.02 - Application for a modification of conditions previously imposed on a Special Use Permit for a Class 1 Liquor License to allow for a restaurant use in addition to an existing banquet facility use at 23 North Main Street, Zoned TV, Map 27, Lot 134, Silvia Salvari, Applicant/Owner.  (Must close by July 10)

Silvia Salvari appeared before the Commission regarding this application.

Ms. Salvari stated she is the owner of Silvia's Restaurant and with this new application has reduced the hours of operation for her new restaurant location.  The new hours would be 7:00 a.m. to 11:00 p.m. Tuesday through Thursday, 7:00 a.m. to 1:00 a.m. on Friday and Saturday with the restaurant closed on Sunday.  Ms. Salvari stated they may have a special request for a private get together on Sunday but the public restaurant would not be open on Sunday.

Ms. Salvari stated her neighbors are not opposed to her moving her restaurant from Pleasant Street to the existing banquet facility at 23 North Main Street.  She further noted that the priest from the Greek Orthodox Church was not aware of signing a letter in opposition.  She requested support from the Commission for her request.  She stated she promises to run the same excellent restaurant and banquet facility as she has done for fifteen years.  She hopes to do the same for another fifteen years.  She thanked the town for all their assistance to her.

Vice Chairman Duren stated the Commission is being requested to approve moving the restaurant from Pleasant Street to 23 North Main Street.  It has nothing to do with downstairs.

Ms. Salvari stated she has 80 seats approved for the restaurant according to the planning for the parking lot.  She does not intend to use more than the 80 seats approved. 

Vice Chairman Duren stated because there were so many problems raised by the Health District, he wanted to confirm what the Commission is being asked to approve.  Vice Chairman Duren stated the Commission is being asked to approve moving the location of the license from Pleasant Street to 23 North Main Street. 

Vice Chairman Duren noted the drawings show the use of the downstairs.  Mr. Giner stated the hours are changing along with the condition that says you cannot serve liquor.  The floor plan submitted was the same floor plan as the previous application.

Vice Chairman Duren stated there is a statement that there are six stools.  However, the plans show eight at the bar and eight at the tables or 16 seats in the bar area and also the service bar located upstairs.  Ms. Salvari stated she has not modified the plans from the last hearing. 

Mr. Giner confirmed the only change from the last application was the hours of operation.  There were tables requested for the downstairs but that is not a part of tonight's application.  Mr. Giner stated the Fire Marshal was under the impression that the downstairs was approved for food preparation and washing area.  Mr. Giner stated he did not get the impression from the Fire Marshal that it would be a problem to have anything going on downstairs.

Vice Chairman Duren read the June 5, 2003 letter from Paul Censki in which he states the Fire Department does not have any concerns with the proposed modification and the use to allow a restaurant and banquet facility at 23 North Main Street.  The revision and floor plan to accommodate a new kitchen on the first floor will reduce the occupant load on the first floor thus lowering the total amount of people using the first floor.  The original plan review and liquor permit approval was for both the basement area and the first floor.  The question still out there is if the original approval of the liquor permit covered the use of the basement for liquor consumption or use for events.

Mr. Giner stated from a parking perspective, the use of the downstairs would not increase the parking.  Vice Chairman Duren stated this application is not discussing the downstairs.

Vice Chairman Duren read a letter from Karen Young, Property Manager of Bigelow Commons, dated June 4, 2003 voicing support for Ms. Salvari's application.

Vice Chairman Duren read a letter from the President of the Parish Council of St. Nicholas' Greek Orthodox Church addressed to Charles Duren as Vice Chairman and the Commission.  The letter voiced the Church's opposition to a restaurant located that close to their church which would have a full service bar.

Vice Chairman Duren noted receipt of a June 2, 2003 letter from Ray Warren addressed to Jose Giner in support of Ms. Salvari's application.

Vice Chairman Duren confirmed that this application is the addition of a sit-down area where people waiting for a seat in the restaurant can sit and have a drink.  This would amount to a total of sixteen people and would be no different than what other restaurants have.  Ms. Salvari stated the bar has eight seats and there are two tables of four. 

Commissioner Krebs stated there could be sixteen people having liquor.  Ms. Salvari stated they have modified the bar and installed a gate with a lock so that the bar can be closed when no one is in attendance or when they have a party with children.  The four seats that were previously facing the dining room are now removed.  Mr. Giner will make a note on the plans that four seats are eliminated.  The new total seats would be six at the bar and eight at the tables or fourteen meaning two seats would be eliminated.

Commissioner Jedynak stated this business has been in Enfield for fifteen years and has never had a problem.  It has been given a recommendation by Bigelow Commons and the Revitalization Committee.  Commissioner Jedynak feels this is an upscale restaurant that will serve food and drink and he doesn't foresee any problems.  He personally feels the Commission should help a business in this area of town.

Vice Chairman Duren reminded the Commission that if she should sell, the liquor permit goes with the building but in order to increase the bar area, a new applicant would have to come in for a site plan review.  

Vice Chairman Duren opened this hearing to the public.

Priscilla Brayson, 106 Green Manor Road, spoke in favor of this application.  She stated she has been a resident since 1966.  She is a patron of Silvia's Restaurant and spoke highly of this establishment.  She has eaten at her restaurant over 100 times and each time it has been a wonderful experience.  Ms. Brayson commented about the Greek Church and stated as she can see it, the Greek Church is closer to Ms. Salvari's old restaurant than it would be to the new location.  They did not object to the first application and she doesn't understand why they are objecting to this second application.

Larry McCluskey, North Maple Street, spoke in favor of this application.  He has been a patron of Silvia's Restaurant for several years.  He felt the proposed move will make it easier for her customers to park and it will be safer with the sub police station across the street.  Mr. McCluskey stated every time he has gone to the restaurant to eat, he has never seen people in there just drinking.  He did not feel drinking is a problem. 

Maurice Brayson, 106 Green Manor Road, spoke in favor and stated Silvia has been a benefit to this town by providing good food and a good location.  She treats her customers with respect and tries to help the town and some of the poorer folks in the area.  Mr. Brayson has eaten at Silvia's often and finds it an enjoyable place where the people that go in act responsibly. 

Agnes Mercik, Jewel Street, spoke in favor of this application.  She supports Ms. Salvari's application although she does not know her and has not been to her restaurant although her husband has with some of his friends.  She feels Silvia is an upstanding business person and does her share to help others.

Ray Warren, Director of Economic Development for the Town of Enfield, spoke in favor of this application.  He stated his feelings are expressed in the letter sent to the Commission.  He noted he completely understands the responsibilities of Planning and Zoning to the larger community and, particularly, to the abutters.  He thinks Silvia's substantial reduction in hours in this proposal was in recognition of the Commission's concerns.  Mr. Warren reiterated his feeling that there are many places where restaurants, residents and churches can operate in a cooperative manner.  The way the system works is when people respect the rights of others.  Mr. Warren felt there is a record on which to judge Silvia's ability to respect the rights of others. 

Mr. Warren stated he has reread the Thompsonville Village Zone and the recent reports on Thompsonville, the Shapiro Study and the one from a dozen years ago entitled Thompsonville Revitalization Study.  In his judgment, the plans called for mixed uses in the area and that this plan, as proposed, is compatible with all the zoning ordinances and the studies that have been done.  Mr. Warren felt the nature of the change being proposed is small to the nature of what is already approved for this property and it is not so significant that we risk stifling a small business that has support.  On a personal note, Mr. Warren stated he held a function at Silvia's which he paid retail for to hold his son's going away to military service party.  He had many people from out of town who came to this event and, even with superior directions, they could not find the restaurant.  If Silvia says that North Main Street can give her better access, Mr. Warren can attest to that first hand.

Mr. Giner stated the issues of the North Central Health Department are equipment issues that are normally addressed at the building department stage.  The Fire Marshal has no problems with any portion of the interior layout.  Mr. Giner stated he did not remove Sunday from the hours of operation because the banquet facility may be open on some Sundays.  He included Sunday through Thursday for the hours of operation to allow for any individual events that may be scheduled.  Ms. Salvari confirmed that the restaurant will not be open on Mondays but there may be special events that would be scheduled on Monday.

Vice Chairman Duren confirmed that the hours of operation would be Sunday through Thursday from 7:00 a.m. to 11:00 p.m. and Friday, Saturday and holidays from 7:00 a.m. to 1:00 a.m.

Vice Chairman Duren stated there would be no changes to the basement and Ms. Salvari would have to come back regarding the downstairs.  Mr. Giner confirmed that is correct.  Mr. Giner stated from a change of use perspective, as long as the numbers did not exceed the number allowed, he did not see what the problem would be.  Ms. Salvari stated she uses the downstairs now when there are weddings or parties.  The bridal party goes downstairs and there are four tables.  They refresh themselves and have a bite to eat and glass of champagne before they go upstairs to the reception. 

Mr. Giner stated the concerns would be from a safety point of view.  People can enter and exit fine and the numbers do not exceed the total number allowed.  It will not affect parking.

Vice Chairman Duren did not think any use of the downstairs was approved except for food preparation.  Mr. Giner stated in 1999 the only thing approved was food preparation but a number of tables and chairs for downstairs was also approved.

Commissioner Hickey asked what is the concern about the use of the basement.

Mr. Giner stated the Fire Marshal was under the assumption that the downstairs was approved with the first application.  Upon checking the plans, Mr. Giner noted the only thing approved was a food preparation area.  The issue is the hours of operation and if everything else falls into place and there are no additional seats that would create an additional parking demand, he doesn't see any zoning issues with using the downstairs.

Vice Chairman Duren closed this public hearing.     

Commissioner Krebs made a motion, seconded by Commissioner Jedynak, to approve PH#2381.02, application for a modification of conditions previously imposed on a Special Use Permit for a Class 1 Liquor License to allow for a restaurant use in addition to an existing banquet facility uses at 23 North Main Street, zoned TV, Map 27, Lot 1234, Silvia Salvari, Applicant/Owner.  This approval is subject to conformance with the record submitted with the application and the following conditions:

1.       This approval specifically removes Condition #4 of the previous approval and modifies Condition #5 to read:  "The hours of operation shall be limited to Friday, Saturday and holidays from 7:00 a.m. to 1:00 a.m. and Sunday through Thursday from 7:00 a.m. to 11:00 p.m."

2.       All other conditions of approval PH#2129 not specifically modified by this action are to remain in full force and effect.

3.       Any North Central District Health Department concerns must be addressed for the issuance of a Building Permit and a Certificate of Occupancy, as the case may be.

4.       Any Water Pollution Control issues must be addressed prior to the issuance of a Building Permit and a Certificate of Occupancy, as the case may be.

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.       No sign package has been specifically approved with this application.  Permits for signage that conforms to the Enfield Zoning Regulations must be obtained separately from the Planning and Community Development Office.

7.       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.

Commissioner Hickey stated he agrees with the Economic Development Director's comments both in his memo and those made this evening.  He thinks Thompsonville needs some TLC and he sees this as beneficial to the area. 

Vice Chairman Duren stated he thinks this restaurant is a great benefit to downtown and it is exactly what the downtown needs.  Revitalization and Economic Development are in favor of it along with the people. 

The motion was approved by a 4 - 1 - 0 vote.  Commissioner Krebs voted nay.

BOND RELEASES

1.  PH #2040 - Scantic Glade 9-lot subdivision (off Hazard Avenue - Katie Lane) maintenance bond release request in the amount of $20,955 from George Colli.

Commissioner Krebs made a motion, seconded by Commissioner Cooper, to release the maintenance bond for George Colli, PH#2040, in the amount of $20,955 with the condition that the site gets reinspected regarding the catch basins prior to the release of this bond.  The motion was approved by a 5 - 0 - 0 vote.

2.  Request for de facto release of expired bonds per memo from Finance Director dated December 19, 2002.

No action was taken by the Commission.

NEW BUSINESS

SPR #1220 - Application by Marks Motorsports to have a motor sports business at 70 Enfield Street, Zoned BG, Map 35, Lot 45, Marks Motorsports, applicant, Robert Nuger, owner.

Mark Bujak, 79 Enfield Street, and owner of Marks Motorsports, appeared before the Commission regarding this application.  Mr. Bujak stated he plans to move his existing business at 79 Enfield Street to 70 Enfield Street which is directly across the street. 

Vice Chairman Duren had some location questions regarding where Meineke is located.  Mr. Bujak stated Meineke is facing Enfield Street at a diagonal.  Enfield Street would be next to Meineke.  Following further discussion, Mr. Giner stated there are no exterior changes proposed.  There will be no storage containers at this location.

Vice Chairman Duren asked if there are garage doors on the building.  Mr. Bujak stated there is a garage door in the back where everything will come through.  There is a roll-up overhead door.  Vice Chairman Duren asked if there is any roll-up door in the area where the service is going to be done.  Mr. Bujak stated there is no roll-up door.  However, there is an opening in the wall in the back to allow movement of service vehicles.

Mr. Giner recommended approval with the proposed conditions and he reiterated no outside storage or display would be allowed other than what is permitted by the regulations.   

Commissioner Krebs made a motion, seconded by Commissioner Hickey, to approve PR#1220 with the condition that no outside storage or display be allowed other than what is permitted by the regulations.  The motion was approved by a 5 - 0 - 0 vote.

SPR #1222 - Application for a site plan review for a walk in refrigerator/freezer for Country Diner (Rear) at 111 Hazard Avenue, Zoned BP, Map 65, Lot 67, Joseph Ravalese, applicant/Colli Management LLC, owner.

Joe Ravalese, one of the co-owners of Country Diner, 111 Hazard Avenue, appeared before the Commission and presented plans to locate their walk-in b