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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
MARCH 10, 2003
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Monday, March 10, 2003, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman James Howard called the meeting to order at 7:30 p.m. (This meeting was rescheduled from March 6, 2003 due to inclement weather.)
PRESENT: James Howard, Chairman
Anthony DiPace
Charles Duren
Robert Egan
James Hickey, Jr.
Karen Krebs
Jeffrey Cooper, Alternate
Joseph Jedynak, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of February 20, 2003.
Commissioner Duren requested an update on the Planemetrics report. Mr. Giner will check on this and report back to the Commission. Chairman Howard asked that the report from Planemetrics be available via email for Commission members.
The Minutes were approved by a 4 - 0 - 3 vote. Chairman Howard and Commissioners James Hickey, Jr., and Karen Krebs abstained.
STAFF COMMENTS
a. Town Attorney (in writing)
Mr. Giner reported that tomorrow the Assistant Town Attorney is scheduled to appear before the State Supreme Court regarding Enfield Shade.
b. Zoning Enforcement Officer (in writing)
Commissioner Duren asked about the time frame for the first item of the Zoning Enforcement Officer's report which listed a building on Asnuntuck Street that is to be converted back to a two-family house. Mr. Giner stated this is presently in the Housing Court and he will check on the time frame.
Commissioner Duren asked about 178 North Maple Street. Mr. Giner stated there was a determination that the parking in the front had been approved by the Wetlands Commission for drainage purposes. Commissioner DiPace stated the problem was the stand up wall. Mr. Giner will double check on this site. Commissioner Egan discussed the parking of trailers on this site.
Commissioner Egan asked that the wetlands agent inspect 178 North Maple Street where they plowed the snow up to the limit of the brook. The dirt in the area abutting the brook may find its way into the brook causing problems upstream. He further noted that trailers are being parked in the regulated area.
Commissioner Duren asked if 179 North Maple has moved yet. Mr. Giner stated they closed on their new property. Commissioner Egan stated there was a letter from the Town Attorney and they have acknowledged receipt of this case. Mr. Giner reported the owner has hired a surveyor and was waiting for the weather to clear to submit an application to Wetlands since a portion of the parking lot is within the regulated area.
c. Director of Planning & Community Development
Mr. Giner reported he plans to grant an administrative approval for a modification to the approved plans for Tolland Bank. Their site is right up against an adjacent property and they have rearranged the site so that all their traffic remains within their own property. It was unclear whether they had a right of way to access the abutting property so they have shifted the access over ten feet. The Fire Marshal, the Traffic Safety Officer and the Town Engineer report no problem with this modification.
Commissioner Krebs stated she would like further review of this modification before she signs the plans.
Commissioner DiPace stated there was an easement for the parking on the west side of the building for the other shoppers. Mr. Giner stated there was a site plan approved in 1986 that showed parking spaces up against the property line on the dentists' property. Those parking spaces were never constructed. Following their approval, there was an agreement to not build those parking spaces. They then added spaces up against the building. These changes were done without any formal Commission approval but with easements done between the two property owners. Mr. Giner stated apparently those easements have been terminated and both sites will have to contain their parking on their own properties. Commissioner Duren stated the drive through is on the north side and even without the proposed modification, the traffic flow was tight. Mr. Giner stated the change would be when they come back to turn, they were going to take a wide turn and go out over the adjacent property. If the adjacent property wanted to install the parking spaces as approved, this traffic flow would have interfered with that. Tolland Bank made a change to have the traffic flow on their own property and they still have two lanes of the drive through coming through but it is now on their own property.
Commissioner DiPace noted the adjacent property spaces were never constructed and he asked if they can now build them without coming back before the Commission. Commissioner DiPace saw a need for them to come back to the Commission to avoid a potential traffic problem.
Mr. Giner stated the pavement is there and there would be a need to line the parking spaces. He would have to consult with the adjacent property owner regarding these spaces. The change requested is for Tolland Bank to keep their traffic on their own property to avoid cross easements.
Commissioner DiPace stated if the driveway is lined up, the cars will be parked right in the middle causing a traffic problem. He suggested before a change is made, that something be done with the driveway to shift it over so that it works out for everyone and encourages good traffic flow. Mr. Giner stated there is sufficient room to install a fence. They are able to add a full lane and still satisfy the Fire Department.
Commissioner DiPace stated he would not want to see cars turning in and facing a row of cars after traveling approximately twenty feet. He acknowledged that if the abutting site installs their parking as the Commission previously approved, it would be an unsafe situation for cars entering the site. Mr. Giner suggested a shortening of the driveway to resolve this. Commissioner DiPace further noted the dentists had over seven years to complete the parking spaces and they were never done. He felt this parking has now expired and they would need to come back before the Commission for any additional modifications. Further discussion followed on the previous approval and the easements that were in place when the restaurant was located on the parcel abutting the dentists.
Chairman Howard requested that Mr. Giner send a notification letter to the dentists abutting the Tolland Bank site informing them that they should not install the previously approved parking spaces without coming back to the Planning Department first.
Commissioner Egan asked if there have been any filings or information provided by Galaxy Fireworks on Enfield Street. He noted he was treated to a fireworks display on the way to the meeting this evening. Mr. Giner stated this was previously approved as a retail to retail use. He stated the use has been there since last summer but the shooting of fireworks is violating the outdoor storage and display regulations. He will have Mr. Bickley check on this.
CORRESPONDENCE
Chairman Howard asked that Mr. Giner submit a new Inland Wetlands Notice of Action to the Commission in a future packet since some pages were inadvertently not included.
Chairman Howard reported receipt of the Zoning Board of Appeals Notice of Action dated February 24, 2003.
COMMISSIONERS' CORRESPONDENCE
Chairman Howard reported he received the agenda for the Enfield Revitalization Strategy Committee meeting along with their minutes.
Chairman Howard brought up the Steele Road sidewalks which have bituminous sidewalks. He noted they are in need of replacement due to age. They are becoming dangerous because they are not level and include puddles up to three inches deep. Mr. Giner will pass this concern on to Public Works.
Commissioner Duren stated there was a strong suggestion made at the meeting Commission members attended last week that when approvals are considered, commissions should not approve anything where the commission or the applicant does not have control over the situation. He stated this Commission sometimes makes approvals contingent upon the approval of the Fire Marshal and this should be avoided in the future for all applications.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to add the following item to tonight's agenda under Other Business: action on request for extension for filing mylars for Chet Ladd for the Shaker Heights Subdivision. The motion was approved by a unanimous vote.
PUBLIC HEARINGS - NEW
a. PH#2362 - Application for a Special Use Permit to allow the conversion of an existing storage building into a dwelling unit at 124A Pleasant Street, Zoned R-33, Map 27, Lot 34, Charles & Mary Ann Dixon, owners/applicants. (Must close by 4/3)
Charles Dixon, 44 Wheeler Drive, appeared before the Commission regarding this application.
Mr. Dixon stated he has a brick building of approximately 1,000 square feet once used as a commercial bakery located on the property at 124A Pleasant Street. This building has been used at times for a storage building and is a well constructed building that is going to waste. He would like to retain the building and renovate it as a dwelling unit. He is redoing the electrical for the balance of the site and would like to bring in electricity to this brick building.
Chairman Howard noted the building is presently an empty warehouse, formerly used as a bakery, and the addition of a kitchen and bathroom would be necessary.
Commissioner Duren asked if the common cellar access would consist of a division for each of the tenants and would the areas be locked. Mr. Dixon stated it is a locked cellar but it is wide open. Everyone presently has a key to limit access and there would be room for this additional apartment.
Commissioner Duren noted the need for a waiver regarding parking. Mr. Giner stated one of the concerns of the Town Engineer was if two parking spaces per unit were allocated, it would be necessary to widen the two existing driveways and he would prefer that this not occur. Mr. Giner stated if this site was located in the Thompsonville Village Center zone, it would only require one parking space per unit. There are presently two two-bedroom units at this location. Mr. Giner stated in the past the Commission has allowed applicants to show that they can fit the required parking on the site and then defer it. He noted if the Commission decides to defer the parking, he has added a proposed condition to cover this.
Mr. Giner stated the Commission cannot technically waive the required parking spaces in an R-33 zone but the applicant has to show that he can accommodate the required parking. The parking requirement for this site would be twelve parking spaces or two parking spaces per unit. The home is being converted from five to six units. There are four units in the main house, one in the back and the unit requested this evening for a total of six separate apartments.
Mr. Wheeler confirmed there would be six separate apartments.
Mr. Giner stated the brick building is a separate building.
Commissioner Duren noted if this was new construction, you could not construct this many buildings on the property in an R-33 zone.
Chairman Howard had a concern about fire access to the back. Mr. Wheeler stated recently the home next door caught fire and the fire department pulled in from the back since there is a driveway directly in back of this building. Fire department members were able to direct their fire hoses without any problem and also hosed the back of this brick building because of its close proximity.
Commissioner Duren stated the only problem he has is with the parking. Mr. Giner stated it would require stacking to accommodate the twelve parking spaces. Mr. Giner recommended a condition to limit the number of bedrooms to a total of eight in the six units. This would break down to two two-bedroom apartments, two single apartments, the one bedroom in the existing apartment and the one bedroom in the proposed apartment for a total of eight bedrooms.
Chairman Howard asked if there is parking on the road allowed in this area. Other Commissioners stated such parking is not allowed in this area.
Mr. Giner stated the applicant would have to widen the driveways to accommodate additional parking spaces. Presently, with some minor widening, the site would accommodate three cars in each driveway. Mr. Giner showed the plans to the Commission.
Mr. Wheeler stated there are presently two twenty-four foot cuts, one on the right side of the building and one on the left side. Those cuts would give eight feet per car which is the minimum. He presently has a total of five people living in this building and one resident does not have a car. There are four cars parked in the driveways. The way the parking is designed, the cuts for the driveways line up to eight feet. They have no parking problems at the present time due to the limited number of residents. Mr. Wheeler stated there is sufficient room for a total of twelve spots sized at 10' x 20' per spot. There would be some stacking involved but there is normally some stacking in a multiple apartment building. Chairman Howard had a concern should the building house twelve people with twelve cars.
Mr. Wheeler stated he only has two two-bedroom apartments. He has never had a lot of people living in this building and has never needed the stacking but noted it can be provided if it becomes necessary.
Commissioner Hickey asked if the stacking possibilities have been discussed with the existing tenants. Mr. Wheeler stated each lease presently allows one vehicle and he has never had a problem with parking as each person has their own driveway. Mr. Wheeler stated the tenants' leases include the exact location of their parking space. They now all have their own separate driveway and each knows exactly where they are supposed to park.
Commissioner Cooper asked if Mr. Cooper's goal is to have more people living at this location. Mr. Wheeler stated his goal is to have one additional one-bedroom apartment at this location.
Commissioner Egan noted the ART report and the references made to stacking and to the request under critical issues to check on units 116 and 122 regarding building permits and lot surveys. He asked if there was a concern that the parking would be encroaching on the adjacent parcels. Mr. Giner stated the engineer was going to check to see where the driveways were actually coming to but nothing was found. The Town Engineer found the road cut permits.
Commissioner Egan asked about the surrounding densities noted in the ART report. Mr. Giner stated this area has twelve units per acre. There is a sheet showing the types of units located in this area. There are four addresses across the street and four on either side of this site indicating that the buildings in the immediate area are four-family units. The engineer's comments included a request to check the driveway locations.
Commissioner Duren noted this property has a public parking area on the corner of Whitworth Street and Alden Avenue nearby if someone had to park an extra car.
Commissioner Duren stated the location of this property is in the Historic District of the mill. Mr. Giner confirmed it is in the National Historic Register. Commissioner Duren asked if this application has to go before the Enfield Revitalization Strategy Committee. Mr. Giner stated it does not because it is not in the Thompsonville Village District. Also, the property owner is not proposing any changes to the facade.
In response to a question from Chairman Howard, Mr. Wheeler stated the plans presently indicate an office area but that would be changed to a maintenance area or utility room. Mr. Wheeler stated the room presently includes a refrigerator, an extra stove, tools and other miscellaneous items. The addition of the one-bedroom apartment would mean this utility room would be approximately 300 square feet. Chairman Howard indicated the need to change the plans to indicate this area would be a utility room.
Chairman Howard questioned the density. Mr. Giner stated there is no requirement that this property meet the density of the neighborhood and he did such a density report for comparison purposes. Mr. Giner stated this is a very densely populated neighborhood including many multi-family homes and these are predominantly four-family homes.
Chairman Howard opened this hearing to the audience. No one spoke in favor or against this application.
Mr. Giner stated if this application is approved by the Commission, the Town Engineer is not in favor of the curb cuts being extended. If the Commission feels the existing parking is sufficient, he would suggest conditions two and eleven which would limit the number of bedrooms on the property. Mr. Giner stated the 911 coordinator has noted the address of the new unit would be number 124 and 1/2 and would have to be properly signed in the front for emergency vehicles to show that this address is in the back of the property. Mr. Giner stated this is covered under one of his suggested conditions.
Chairman Howard stated if the Commission does not allow the curb cuts, the potential stacking of cars would be a concern. Mr. Giner stated without the curb cuts, ten parking spaces could fit on the property and three could be stacked. He noted parking spots #7 and #8 on the plan would be eliminated if the curb cut is not allowed. Mr. Giner stated he has added a suggested condition reflecting the deferral of the parking spaces.
Commissioner Duren stated this application has received favorable comments from the Fire Marshal and Water Pollution Control. The only concern is from the Police Department regarding problems with the turning and the parking.
Chairman Howard closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Duren, to approve PH#2362, application for a Special Use Permit to allow the conversion of an existing storage building into a dwelling unit at 124A Pleasant Street, zoned R-33, Map 27, Lot 34, Charles and Mary Dixon, Owners/Applicants, with the following conditions:
Referenced Plans:
"Floor Plan, Proposed Renovation of 124A Pleasant Street" Sheet 1 of 2, Scale: "As Noted" by P.C.B./House Designer, dated 11-28-01.
"Plot Plan, Proposed Renovation of 124A Pleasant Street" Sheet 2 of 2, Scale: "As Noted" by P.C.B./House Designer, dated 11-28-01.
Conditions to be met prior to signing of plans and certificate:
1. The plans shall be revised to indicate no new widening of the existing driveways with the additional parking shown as deferred.
2. A note shall be added to the plans that states "Parking shown as deferred shall not be constructed unless determined by the Director of Planning or his or her designee that the lack of such parking is causing a problem to adjacent streets and properties. Upon notification that additional parking is necessary, the owner shall provide such parking within sixty days of notice after obtaining all necessary permits.
3. The new apartment address shall be indicated on the plans as 124 and 1/2.
4. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
5. The Public Hearing file number "PH2362" shall be displayed prominently on all final plan sheets either in the title block or in the area around it.
Conditions to be met prior to the issuance of permits:
6. 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.
7. Final Fire Marshal approval shall be obtained.
8. 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.
Conditions which must be met prior to the issuance of a Certificate of Compliance:
9. Street address signage shall be installed to the 911 coordinator's satisfaction prior to the issuance of the Certificate of Zoning Compliance.
General Conditions:
10. 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.
11. The total number of bedrooms on this property shall not exceed eight (8).
12. 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.
13. A building permit for the construction of facilities as approved must be obtained March 10, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
The motion was approved by a 5 - 2 - 0 vote. Commissioners DiPace, Duren, Egan, Hickey and Jedynak voted in favor; Chairman Howard and Commissioner Krebs voted nay.
b. PH#2365 - Application for a Special Use Permit to unmerge two lots of record at the southeast corner of Belmont and Columbus Avenues (40 Columbus Avenue), Zoned R-33, Map 39, Lot 44, Dave Fredrick, applicant, Steven & Gloria White, owners. (Must close by 4/3)
Chairman Howard reported PH#2365 will be continued to April 3 at the request of the applicant. He opened this hearing to the audience for comments.
Mr. Giner stated this application has to go before the Enfield Zoning Board of Appeals prior to it coming before this Commission. The applicant requires a variance to show that the lot complies with the requirements. Mr. Giner stated the proposed unmerger would create a setback violation and a variance is required.
No one spoke in favor or against this application. Chairman Howard continued this hearing to April 3, 2003.
c. PH#2366 - Application by Alan Tracy for a text amendment to Section 10.30.5 of the Zoning Regulations regarding freestanding signs for satellite uses in Business Districts. (Must close by 4/3)
Alan Tracy, 1 Bridge Lane, the applicant, and Paul Fox appeared before the Commission regarding this application.
Mr. Fox made note of his letter to the Commission and stated it was based on the regulations as they were published on the web site which were incorrect. Mr. Giner advised him of the updating of the regulations so Mr. Fox's second letter relates to the ordinance as amended.
Mr. Fox stated Mr. Tracy's situation triggered this application because it surfaced a problem. There may have been an initial oversight with respect to permitting freestanding signs on property that is land leased rather than owned separately. Mr. Fox stated the point of the request is the public doesn't perceive the difference. The main purpose of a sign is to direct the public in and out of the premises. The proposal before the Commission would remedy the situation if it is approved.
Mr. Fox stated this problem is unique to this particular location and he acknowledged there may be other locations where it would be appropriate to permit a freestanding sign to properly direct the public to the premises.
Mr. Fox presented some photographs taken today which show the existing situation going east and west on Connecticut Route 190 in the vicinity of the property. The purpose of the freestanding sign would be to afford a motorist the opportunity to react in time and know to turn into the Scitico Plaza entrance in order to get to the car wash. Mr. Fox noted it is easier from the east because vehicles would go by the car wash. From the west, it is a little more difficult which creates more of a need for the sign. It is also reasonable to expect that the customer might not figure this out on a first reading but certainly would by the second passing of the site. Mr. Fox noted the car wash is set back and is slightly hidden from view by the abutting uses, the lawn mower business and McDonald's.
Mr. Fox requested that the Commission amend the ordinance in the manner requested because it will provide for a uniform standard relative to the way the public views business premises. Mr. Fox felt the advertising benefit would, in his view, be secondary. The main purpose is to direct traffic.
Commissioner DiPace noted the existing businesses have signs. Commissioner Duren added they are not all twenty feet high.
Mr. Tracy stated the size of the sign they propose would be the same in height and width to what McDonald's now has and would be slightly smaller than Allen Lawnmower. Such a sign is not presently allowed for Mr. Tracy's car wash business because it is a lease hold parcel and not a separate lot. This sign would have been permitted on the Taylor Road entrance.
Mr. Giner stated the sign that would be out on Taylor Road is out on Hazard Avenue and this is how McDonald's got their sign. The regulations state you can have one freestanding sign per frontage but it does not specify that you have to actually install it on that frontage. This lot has only two frontages and a third freestanding sign is not allowed under the present regulations. Mr. Tracy's property is a second lot and not part of the plaza.
Chairman Howard stated he doesn't have a problem with the proposed amendment. He would like to see uniformity of signage.
Commissioner Duren stated such an amendment would be opening up such signage to Elm Street and Hazard Avenue and would cause a proliferation of signs. He stated the Commission previously addressed this with Kohl's Plaza.
Chairman Howard would like to see height and size included in the amendment.
Commissioner DiPace acknowledged there are a lot of businesses in town that have been here for many years and they cannot have a freestanding sign and have become frustrated. He felt this amendment would not address that because it would be address lease hold properties in plazas. He also discussed the plaza where Marek's Jewelers is located which includes three different parcels.
Commissioner Egan stated the Commission has the applicant's proposed wording along with a memo dated February 19, 2003 from Roger Alsbaugh. Mr. Alsbaugh's memo makes some good observations and Commissioner Egan felt it is a pretty serious issue that the Commission should consider seriously. There are some references to the restrictions and the reasons for the restrictions included in Mr. Alsbaugh's memo and the 1987 amendments which were put in place to stop the proliferation of signs up and down the streets. Commissioner Egan suggested incorporating Mr. Alsbaugh's memo with these recommendations into this public hearing.
Commissioner Egan stated one of the recommendations from Mr. Alsbaugh is that signs should conform to either a minimum distance between signs or be tied to a minimum width of the lease line of a parcel along the town roadway. Commissioner Egan felt this may be a way to allow such signs and still have some control by specifying the distance between the signs.
Chairman Howard reiterated he would like to see uniformity of signs.
Mr. Giner stated Mr. Alsbaugh is saying that if you are allowing it only within a parcel, if a property has a driveway exiting directly on to a town road, a sign should be located at that driveway. Mr. Giner stated if the Commission wants to allow lease hold properties to have signs, it would make sense for people having a driveway to allow a sign to direct people to that driveway. Commissioner Egan stated this would impact the entire town and not just this one applicant and the Commission has to consider this.
Mr. Giner acknowledged there are a number of sites that would qualify for additional signage. He mentioned Sears at the mall because they have a freestanding building accessible from the inside along with Figaro's and TGI Friday's.
Mr. Fox stated this application is before the Commission instead of a variance request because it does impact the entire town.
Chairman Howard opened this hearing to the public. No one spoke in favor or against this application.
Chairman Howard stated he would like to see a list of all the potential sign applications that could come before the Commission if this amendment is approved.
Commissioner Duren would like to see a writtten proposal from Roger Alsbaugh for this type of change rather than from an applicant.
Chairman Howard stated he is not against this amendment but he is concerned about the remainder of the town.
Commissioner Egan requested that Mr. Giner have Mr. Alsbaugh include more detail in the considerations he has outlined and provide his ideas. Commissioner Egan would like to know how this would impact the rest of the town. Commissioner Egan stated perhaps Mr. Alsbaugh has some ideas regarding the distance between signs, location, and the height of the signs. These are issues that he has raised and Commissioner Egan would like to hear his recommendations regarding what this amendment should include.
Chairman Howard continued this public hearing to April 3, 2003 pending receipt of a list of other properties that would be eligible for such a sign, some uniform sign specifications for the town, and possible wording from Mr. Alsbaugh. Mr. Giner reported this application was referred to CRCOG as required and the town did receive comments back.
d. PH#2369 - Application to amend the zoning map to change zoning on 11.50 acre portion of a 14.64 acre parcel on Mullen Road from Industrial 1(I-1) to Residential 33(R-33), Map 16, Lot 3. Carl, Kimberley & Joseph Nowik, applicants/owner. (Must close by 4/3)
This public hearing was continued to April 3, 2003 at the request of the applicant. Prior to continuing, Chairman Howard opened this hearing to the audience. No one spoke in favor or against this application.
e. PH#2370 - Application for a Special Use Permit for modifications to a municipal wastewater treatment facility located at 90 Parsons Road in an R-33 District, Map 11, Lot 20. Stephen Seigal, CDM applicant, Town of Enfield, owner. (Must close by 4/3)
Marvin Serra and Daniel Murphy presented information to the Commission regarding the modifications to the municipal wastewater treatment facility requested at 90 Parsons Road.
Mr. Murphy noted the State of Connecticut has issued new regulations to address nitrogen discharges from the waste water treatment plants. He added that several years ago Enfield hired a consultant to look at alternatives for upgrading the treatment plant versus purchasing nitrogen credits to comply with this regulation. The report recommended several improvements be implemented at the treatment plant. Mr. Murphy's company, CDM, has been hired to implement these recommendations.
Mr. Murphy stated the process improvements required to treat the nitrogen are improvements that will take place within existing tanks below water surface. There are two improvements that would be visible from the site. They include a sodium bicarbonate feed system with a storage silo. This is a circular silo 12' in diameter and 15 and 1/2' tall to store the sodium bicarbonate which would then be fed into the treatment process for the nitrogen removal. The other piece of equipment that would be visible would be the methanol feed system which would be adjacent to the existing aeration tanks. This would consist of a 1,000 gallon storage tank and a fiberglass enclosure adjacent to that to house some pumps to pump the methanol into the system. Mr. Murphy distributed information showing what these improvements would look like.
Commissioner Duren asked if the addition of this equipment would affect the noise or the odor problems in the area. Mr. Serra stated there would be no effect one way or the other.
Commissioner Egan asked about the type of methanol. Mr. Murphy stated it is regular methanol. Commissioner Egan questioned how the methanol would be delivered. Mr. Murphy stated it would be delivered in tanker trucks similar to oil trucks.
Commissioner Egan asked about protections for the tank since methanol is a hazardous waste regulated by the EPA and is a danger if it gets into the air and people breathe it in. Mr. Serra stated they currently have two other items, a certain type of chloride and also hydroxide delivered in tanker trucks. The town has an OSHA approved system in effect. All of their technicians are haz/whopper trained which is the highest training available for hazardous spills. There is a tight system which is installed and approved by OSHA. No one is allowed to put any chemicals into a storage container except the supervisor. The actual container itself is an above-ground concrete storage tank especially designed for this type of chemical.
Commissioner Egan asked if the neighbors are going to be made aware that these trucks will be coming down their street through the heavy residential areas. Mr. Serra stated as of today, there is a sign which has been posted at the facility for two weeks about this hearing. They do have a special system which alerts the neighbors as to what is happening at the facility which was created by an arrangement between the Town Council and the Public Works Department. The trucks will come down only one street, Parsons Road and across the railroad tracks, as the other chemical trucks do now.
Commissioner Duren asked if there is an alarm system or related procedure to notify neighbors. Mr. Serra stated they do have an alarm system in place. It is a special system which automatically activates several beepers including notification to the haz/whopper team at the fire department. It is an automatic alarm which is checked at least once a month. It is in use for the existing chlorine on the site and is tied into the neighborhood. There is an alarm outside which would sound but by the time residents became aware of it, the fire department and Water Pollution Control personnel would be at the site. Mr. Serra stated the neighborhood would be notified by the emergency evacuation plan and the Town of Enfield's emergency evacuation plan.
Commissioner Jedynak asked if all the fire departments in this community are trained in case there is such a chemical emergency. Mr. Serra stated he cannot answer for the fire departments but he believes they all are. They do use the town's training facilities.
Commissioner DiPace asked if this station would be manned twenty-four hours a day. Mr. Serra stated it would not. The alarm system is in effect twenty-four hours a day. They propose a second shift in the near future so it would be manned sixteen hours per day.
Commissioner DiPace asked if there are any sensors to monitor possible losses from the tank. Mr. Serra stated their system is different. If any liquid comes out of the tank, it would sound an alarm. The smell is enough to set off the alarm.
Commissioner Jedynak asked if there is anything the Commission can do to assure that all fire departments in this community are trained for this. Mr. Serra stated the appropriate fire department that would respond is notified that the equipment is there. Commissioner Jedynak asked if the delegated fire department is not available, can another fire department in the community handle a possible emergency.
Commissioner DiPace stated the fire departments mail out a flyer once a year asking businesses what they have for chemicals and hazardous wastes in a building should there be a fire. They know what is at the site before the reach it. Commissioner Egan stated if there was a spill, the DEP would also automatically respond.
Chairman Howard opened this hearing to the public. No one spoke in favor or against this application.
Chairman Howard stated he would like some communication to take place regarding training. He would like the town staff to communicate with the fire departments and emphasize the need for training.
Commissioner DiPace noted that a 1,000 gallon tank of methanol is not a lot and he is sure the fire departments are aware of it.
Commissioner Duren made a motion, seconded by Commissioner DiPace, to approve PH#2370 subject to following conditions:
Conditions to be Met Prior to Signing of Plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. A schedule and description of responsibility for maintenance of the storm water system shall be on the mylars.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
Conditions to be met prior to the issuance of permits:
4. One set of 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.
5. 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.
6. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
7. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
8. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
General Conditions:
9. 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.
10. 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.
11. A building permit for the construction of facilities as approved must be obtained by March 10, 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.
12. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
The motion was approved by a 7 - 0 - 0 vote.
f. PH #2374 - Application for a Special Use Permit for relocation of existing tenant - Nickels and Dimes (d/b/a Tilt) with a reduction in square footage at 90 Elm Street, Zoned BR, Map 43, Lot 16, Westfield Shoppingtown Enfield, applicant/owner. (Must close by 4/3).
Paul Pavelka, Manager of Westfield Shoppingtown, appeared before the Commission regarding this request for a special use permit. He stated they are proposing to move the Nickels and Dimes tenant around the corner where Crafty Décor was formerly located. It was brought to his attention that they were grandfathered under their existing permit because they were there prior to the special use permit that they now need to move around the corner. Mr. Giner stated this would be a modification of an existing special use permit and a reduction in floor area. The Fire Marshal has confirmed he has no problem with this relocation.
Commissioner Duren stated their present location is wide open and visible and the new location would have a back area that would not be visible. He asked how many employees would monitor this use. Mr. Pavelka stated there are typically three employees including a manager and two employees changing coins. There is always someone in the back area. The new games would be electronic versus the older big box games.
Commissioner DiPace stated he has been to this use on weekends with his son and he has never seen three employees.
Commissioner Duren had a concern about the back area not having someone to witness what is occurring. Mr. Pavelka stated there is a cash rack as you walk in and the office area in the back would not be utilized.
Chairman Howard opened this hearing to the public. No one spoke in favor or against this application.
Commissioner DiPace stated he would like to see the floor plan and where the actual machines will be located. Mr. Pavelka referred to the diagram submitted. Commissioner DiPace stated there is visibility straight down to the back of the store. Mr. Giner confirmed that the area that wraps around is the office area and will not be utilized. Commissioner DiPace felt this addresses a lot of the Commission's concerns.
Commissioner Hickey stated the lease would have conditions regarding the operation and Mr. Pavelka confirmed that to be the case.
Chairman Howard noted that this Commission does not have the right to mandate the number of employees. Mr. Pavelka stated they have been very proactive in addressing anything that occurs. Commissioner DiPace added this use really has not had any problems.
Chairman Howard closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2374 for the relocation of Nickels and Dimes (d/b/a Tilt) with a reduction in square footage at 90 Elm Street, zoned BR, Map 43, Lot 16, Westfield Shoppingtown Enfield, Applicant/Owner. The motion was approved by a 7 - 0 - 0 vote with Alternate Jedynak voting.
g. PH#2368 - Staff Initiative for a text amendment to Table 10.30.3 of the Zoning Regulations to allow larger signs for institutional uses in residential zones.
Mr. Giner stated this application was in response to some concerns about the fact that there was not adequate signage for institutional uses such as schools typically located in residential areas. Such signs have previously been limited to twelve square feet or six square feet per side. Mr. Giner noted that Roger Alsbaugh previously presented some sign options to the Commission and the one that is the subject of tonight's application is the one the Commission preferred be brought forward as an amendment to the regulations. Mr. Giner stated this proposed amendment was sent to CRCOG and he received a response back stating there was no apparent conflict with any regional plans or issues.
Mr. Giner stated this amendment would allow civic organizations such as schools or town parks to have signs up to 32 square feet per side in Residential zones and 12 square feet in HR-33. Any sign located in the Enfield Historic District would also have to go before the Enfield Historic District Commission.
Mr. Giner stated the maximum size sign allowed would measure 4' x 8'.
Commissioner DiPace stated this was a way to allow the existing Fermi High School sign to remain. He saw a need to educate the educators regarding signage requirements. Mr. Giner stated a memo was sent to all PTO's and schools informing them of the sign requirements.
Commissioner Krebs asked if the signs would be illuminated. Mr. Giner stated the lighting would have to be external, incorporated into the sign structure, shined out from the top of the sign face and completely shielded to prevent all glare.
Chairman Howard opened this hearing to the audience. No one spoke in favor or against this application. Chairman Howard closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2368 for a text amendment to Table 10.30.3 of the Zoning Regulations to allow larger signs for institutional uses in Residential zones.
Commissioner Egan stated the town seems to be violating most of the zoning ordinances from the things that have come before the Commission. He does not think the zoning ordinance should be changed to accommodate one group that has not complied with the zoning regulations. Commissioner Egan noted the time and money involved in revising the zoning regulations and stated he cannot support an amendment that is placating one specific group.
Commissioner Jedynak agreed. He was in favor of adhering to the present regulations and felt if someone wanted to change something, they should come before this Commission and make a request.
Chairman Howard noted the public school on Weymouth Road and Asnuntuck College which do not have large signs. He also cited Enfield High School which has an aesthetically pleasing small sign.
Commissioner DiPace acknowledged the sign at Fermi is larger than what was there but it fits the size of the parcel on which the school is located. He felt it is a beautiful sign and would not like to see them have to remove it. This amendment was a way to allow this sign to stay rather than having it redone in a smaller scale. Commissioner DiPace noted that farm stands are allowed a 4' x 8' sign and he felt there was something wrong if the town's schools are not allowed the same visibility as a farm stand.
Chairman Howard stated he would not be looking to have anyone have to remove their existing signs but he would not like any additional signs of this large size put up. He would like to see uniformity throughout the town.
Commissioner Duren stated the Board of Education is supposed to be setting an example for residents. He suggested allowing the sign to stay even though it is not legal and if they should ever change the sign or do any repair work, they would have to appear before this Commission. He was not in favor of an amendment in favor of a government authority.
Mr. Giner stated the only way to allow illegal signs to remain is if the Commission approved the amendment, everyone got a permit for their sign and the regulations were changed a month later.
Commissioner Jedynak saw a need for the Commission to follow their regulations.
Commissioner DiPace stated Fermi High was going to take down their sign but he suggested this approach of a change to the ordinance to allow this sign to remain. He saw the two choices as either the Commission approve the amendment or Fermi would have to take down their sign.
Commissioner Egan stated the town should be treated the same as any property owner that comes before the Commission. He noted this is not the first instance where this has occurred and he saw a need to draw the line somewhere. Commissioner Egan stated there have been instances where the Commission has required individuals to take signs down and change their property at additional cost to them.
Chairman Howard suggested continuing this application to the next meeting to allow Commission members to view the sign at Fermi.
Commissioner DiPace stated 32 square feet should be allowed for schools. The ordinance allows signs of this size for businesses.
Chairman Howard continued this to April 3, 2003. Commissioner DiPace withdrew his motion and Commissioner Krebs withdrew her second.
Commissioner DiPace made a motion, seconded by Commissioner Howard, for a recess. The motion was approved by a 4 - 3 - 0 vote and the Commission recessed at 9:22 p.m. Commissioners Howard, DiPace, Duren and Hickey voted in favor; Commissioners Egan, Krebs and Jedynak voted nay. The Commission reconvened at 9:30 p.m.
Commissioner Cooper left the meeting at this time.
OLD BUSINESS
a. Bond Releases
1. Request for de facto release of expired bonds per memo from Finance Director dated December 19, 2002
The Commission took no action on this agenda item.
NEW BUSINESS
a. SPR #1208 - Application for approval to operate a school and provide counseling services on the premises at 151 Hazard Avenue, Zoned BL, Map 74, Lot 255, Natchaug Hospital, Applicant, Michael Tartsinis, Owner.
Attorney Stephen Basche representing the applicant, Natchaug Hospital, appeared before the Commission. Also present were Dr. Stephen Larsen, the President and CEO of Natchaug Hospital, Dr. David Kline, the Director of Clinical Services, Jill Borbeau, the School Director, Michael Dion, the Vice President of Patient Care at Johnson Memorial, Marcie Kneff, Vice President of Community Health Resources, the parent of North Central Counseling, and Phil Tartsinis representing the property owner.
Attorney Basche stated the proposal Natchaug Hospital is making tonight is to operate a facility at 151 Hazard Avenue. On February 15, 2001, this Commission modified a previously approved plan for this property to allow for the construction of a 3,300 square foot addition to the property. Since that time, the owner of the property constructed the addition and part of it was occupied for a period of time by a retail business which has since left the property.
Attorney Basche stated the property is located in a Business Local Zone and the use being requested tonight is a permitted use under the regulations.
Attorney Basche discussed what Natchaug Hospital wants to do with this property. There are two types of activities that would take place on this property. From 8:00 a.m. to 2:00 p.m. Natchaug Hospital would operate a private school. The program they operate is for public school children who cannot be properly educated in the public school setting because of particular individual needs. Natchaug's proposed school would accommodate up to sixteen of these special need students. Natchaug has the expertise to provide these children with the education that they need while at the same time dealing with each child's special needs. The goal is to help these children so that they can return to the public school system as soon as possible.
Attorney Basche read a letter from Donna Gittelman, the Director of Public Services in Enfield, to Jill Borbeau in support of the school proposed by Natchaug Hospital.
Attorney Basche felt the proposed school would benefit the Town of Enfield school system as well as other towns in the area. There would be an obvious benefit of having the services that Natchaug provides. The second benefit is rather than having to send these children to distant towns, there will be a facility in Enfield to take care of their needs. This would result in a cost savings to the town because the town would not have to provide out-of-town transportation.
Regarding traffic impacts, Attorney Basche stated the children are all brought to the facility by the public school system and picked up at the end of the day by the public school system. There would be very little traffic generated by the site.
Commissioner Duren felt there would be an increase in traffic. Attorney Basche stated there would be two eight-passenger minivans from Enfield.
Commissioner DiPace felt what the applicant meant is for the amount of traffic that could be generated by a 3,300 square foot space, this use will be very minimal. Attorney Basche stated there are students that are there from 8:00 a.m. to 2:00 p.m. as opposed to a retail operation. He acknowledged there are teachers that have to drive to the facility. There are six staff member that arrive prior to 8:00 a.m. and leave at 4:00 p.m. and another six staff members that arrive between 9:00 a.m. and 11:00 a.m. and leave at approximately 6:00 p.m. There are also two part-time staff members.
Attorney Basche stated in the afternoon Natchaug would operate a separate program which runs between 2:00 p.m. and 5:00 p.m. to 6:00 p.m. At this program, Natchaug would provide counseling services for children that are picked up at the public school system by Natchaug Hospital and returned home by the hospital. There would be no individual trips to bring individual children to the facility.
Attorney Basche discussed Natchaug Hospital which operates a large hospital in Mansfield, Connecticut, which treats adolescents and adults with mental disabilities. In addition, Natchaug operates several satellite locations similar to the one being proposed in Enfield. They are licensed by the State of Connecticut. Natchaug Hospital has come to Enfield as part of a collaborative effort with Johnson Memorial Hospital and North Central Counseling Services. All of these organizations are dedicated to the health and welfare of children.
Attorney Basche stated Natchaug Hospital has checked out this particular location carefully and they are comfortable that this site will allow them to properly provide the services to the children of Enfield and the surrounding towns. They are eager to begin their effort in the Town of Enfield where they will provide the same high level of treatment and service that is provided at all of their facilities. Natchaug Hospital and the organizations with whom they are collaborating believe that the services Natchaug provides are needed in this area to assist children with special needs.
Commissioner Jedynak asked if additional parking could be added in the back of this site for staff members due to the many businesses in the area and the traffic needs of each.
Phil Tartsinis, 23 West Shore Drive, stated when they added their addition, they also added eight or nine parking spaces. The regulations state five spaces per 1,000 square feet of building. He added if parking does become an issue, they do have the power through their lease agreement to designate employee parking areas.
Commissioner Duren would like to see a traffic flow pattern showing the pick up and drop off points at the proposed school. Also, he would like to know where would the buses traverse in entering and leaving the area.
Dr. David Kline, Director of Clinical Services of Natchaug Hospital, informed the Commission that the drop off point for students would be in the rear of the building. There are three doors in the rear and the vans would go to the back, drop off the students and the vans would then continue to drive around the building. Commissioner Duren felt if they would then end up by the restaurant, that is a very long way around.
Mr. Tartsinis stated the best means of egress would be to come in the parking left, take an immediate left, continue around the building, stop at the proposed site, drop off the students and continue on and exit the parking lot. Before they would get to the front of the restaurant, they could take a left where there is one row of nine parking spaces. This would have minimal impact for people walking across the parking lot. Mr. Tartsinis pointed out this traffic pattern on the plans. Mr. Tartsinis stated the restaurant would get busy at approximately 5:30 p.m. to 6:00 p.m. and the school facility would be closed at that time.
Commissioner Duren questioned if there was any other way to work the traffic pattern to avoid the long way around the restaurant. Mr. Tartsinis pointed out another alternative on the plans.
Commissioner Jedynak asked if it is possible to have another exit for the buses to go down to where the World Gym is and where a light is located. This would avoid adding another light on Hazard Avenue. Mr. Tartsinis stated the request is for two eight passenger vans for the first half of the day.
Commissioner Duren saw the possibility of additional vans depending on the needs of the sending school districts.
Mr. Tartsinis stated Natchaug Hospital would use the space designated for three possible businesses which would generate more traffic. Commissioner Duren stated his concern was safety for the students.
Commissioner DiPace felt the traffic pattern makes sense with the pick up and drop off in the back.
Mr. Tartsinis stated when the buses are accessing the site, it will be during the restaurant's slow hours.
Commissioner Duren would like to see the traffic pattern plan on a drawing so that the Commission has some control over it.
The Commission discussed other uses in the area that generate traffic. Commissioner Jedynak felt the entrance and exit to this school could be a problem.
Commissioner Krebs asked about the age of the students. Attorney Basche stated they are high school students presently and the program may be expanded to middle school students.
Commissioner Hickey asked if by establishing a school at this former retail location, there would be any impact on the full liquor license in the restaurant. Mr. Giner stated the town's liquor requirements state that the specified land use shall mean a lot or part of a lot used for purposes of a public school, public playground, church or building used as a place of worship. The word "public" modifies school in the ordinance. It would not apply to things like dance academies, driving schools or trade schools.
Chairman Howard stated some of the students attending are Enfield High School students during the course of an Enfield High School day and such liquor regulations may apply.
Mr. Giner acknowledged this is a private program for public school students.
Mr. Tartsinis stated the restaurant does not have a full liquor license but only a beer and wine license. The retail businesses in the building total 1,920 square feet with the restaurant containing another 4,680 square feet. The building is 22,383 square feet and contains more professional and office uses.
Commissioner Egan stated he is glad to see the school locate here. The problem is the parking. There have been a lot of complaints from patrons stating there is insufficient parking at this location. Also, previously, the Commission may have waived some parking. Commissioner Egan asked that the applicant come up with the number of required parking spots to meet the town's regulations. This is all based on the various individual uses in this building. Commissioner Egan would like to see a total of what is required to meet the regulations.
Commissioner Egan had a concern about the possible number of buses entering the site and the safety of the students.
Mr. Tartsinis stated when they drop off the students in the back, there is no parking in the area and students would access a sidewalk for about four feet. Also, uses involving children are state mandated regarding such issues.
Mr. Tartsinis stated they requested a traffic light on to Hazard Avenue and even offered to pay for the entire cost of the light. However, the state refused their request. Mr. Tartsinis stated the proposed use would cause much less traffic than having three separate individual businesses.
Commissioner Egan stated the vehicles leaving the site will reach the peak traffic flow on Hazard Avenue which is very busy between 5:00 p.m. and 6:00 p.m. Mr. Tartsinis stated if the Commission can encourage the State of Connecticut to approve a traffic light on Hazard Avenue, he would be happy to install it.
Commissioner Duren asked if there will be a recreation area and where will it be located. Attorney Basche stated there is an area in the back that will get paved for a basketball court but the main recreation would be contracted by the hospital with other facilities. Commissioner Duren asked if the recreation would be on site. Dr. Kline stated as part of the school day, the children will have physical education. What they will do is contract with a community college or YMCA and the students would be transported out for a gym class and transported back. The children would leave in groups of eight. There would be no substantial physical education at this site. Dr. Kline stated the additional traffic would mean four trips per week for these physical education classes.
Commissioner Hickey asked if this use is successful in Enfield, would they be contemplating expansion of this use at this location. Mr. Tartsinis stated he has no intent to expand the building but he cannot speak for the hospital. Commissioner Hickey stated the use proposed would be maximizing the existing space. In the event that it is successful, would they expand to the rest of the building? Mr. Tartsinis stated if something adjacent became available and the hospital wanted to rent it, that would be a business decision. He further noted that if the veterinary use left and the school expanded, it would lower the amount of traffic.
Chairman Howard asked about the second phase for this use. Attorney Basche stated from 2:00 p.m. to 5:00 p.m. through 6:00 p.m. there are students transported from the public school systems by a van to this site and there is counseling that occurs during that time. These are generally students that are doing okay in the public school setting but may have some other issues that need assistance but not in a formal hospital setting.
Commissioner Jedynak asked if the parents would be involved in this counseling and, if so, there would be a further increase in traffic. He is not against this use but he is concerned about safety in this area of Hazard Avenue. Dr. Kline stated parents would be involved in the program but not necessarily every parent.
Mr. Tartsinis stated they have a day care facility with two vans and they have never had a problem with that use.
Commissioner DiPace stated Hazard Avenue does have a lot of traffic. There are 18,000 cars every day but whether this school goes in or a business goes in, the state will not allow a traffic light. He questioned if the Commission should stop all businesses up and down this road because there is too much traffic. He saw a need to determine what works best with the least impact. He also felt the Commission could suggest having the State Traffic Commission take another look at this location for a traffic light. Further discussion on the Hazard Avenue traffic followed.
Commissioner DiPace asked how soon Natchaug Hospital would want to open this school. Dr. Kline responded as soon as approval is received. However, they would not have school children as attendees until after the start of school in September. Their intent is to begin their after-school program in a few months.
Mr. Tartsinis stated the 3,300 square feet is three individual units and he reiterated they could be rented to three individual businesses. This one school will have buses in the morning and in the afternoon. Dr. Kline stated the estimate of four to five buses is more of an accurate figure regarding the number of buses.
Commissioner Duren would like to see a report from the Police Department. He would also like to see a plan for the traffic circulation of the buses. A Fire Marshal's report is also needed.
Mr. Tartsinis requested a conditional approval because of the tight time schedule of Natchaug Hospital. Commissioner Duren was not in favor of such an approval because of recent advice given to this Commission.
Commissioner Krebs asked if, during the summer, the counseling component would still be operating. Dr. Kline confirmed that it would operate in the morning from 9:00 a.m. to 1:00 p.m.
Chairman Howard stated the concern of this Commission is the safety of the students. Mr. Tartsinis stated in 1984, this was part of a ten-lot subdivision. They all submitted bonds for a traffic light and did not remove them until the late 1990's. There were numerous letters written but the State would not approve a traffic light. He acknowledged that things have been better since the Johnson Memorial traffic light was installed. Mr. Tartsinis again stated he would be happy to install a traffic light.
Mr. Giner reported there are no exterior changes to this location and the only changes would be on the interior.
Mr. Tartsinis again noted the review required by the State of Connecticut. Commissioner Egan stated this Commission has a responsibility for public safety issues. There are other issues like the review of the site plan to assure that it does comply with all the town's regulations. He questioned if that was the case regarding parking. He felt the use is changing and the parking requirements will change based upon the use of the building. He would like to see the exact uses with the parking requirements for this building. Also, he would like to have the Police Department take a look at the egress and maybe they can be of assistance in helping the applicant to obtain the traffic light.
Chairman Howard recommended continuing this application to April 3, 2003 pending receipt of the information requested. Mr. Giner summarized the Commission would like the applicants to provide a traffic flow plan on the site plan with the Traffic Safety Officer reviewing these traffic flow plans, and a review by the Fire Marshal of the traffic flow.
b. FLD #016 - Application for flood hazard permit for relocation of compactor related to the proposed relocation of tenant (Bob's) within existing structure at Enfield Commons, 25 Hazard Avenue, Zoned BR, Map 45, Lot 8, SEA Enfield Commons LLC, applicant/owner.
Attorney Susan Hayes and Joel Sklar from Enfield Commons, LLC, appeared before the Commission regarding this application.
Attorney Hayes stated there will be a relocation of the Bob's Store at this plaza and she noted the new location on the site plan. They are moving it down because Bob's is expanding. They will also be relocating the existing compactor. This relocation would involve constructing a compactor pad. The details for such concrete pad are shown on the site plan. The pad will be eight inches of concrete over eight inches of base or to town standards.
Attorney Hayes stated they are before the Commission for a flood permit because the entire site is within the flood zone. They are conducting an activity within that flood zone and need a flood permit. The elevation of the concrete pad will be level with the existing facility. There will be no increase in structures within the flood zone. The compactor will be the same size as the existing compactor. The compactor is water tight and this would avoid contamination from the compactor should there be a flood. The compactor is for cardboard boxes and will be emptied once a month or sooner if needed.
Commissioner Krebs asked about the facade modification mentioned in the application. Attorney Hayes stated they had submitted a facade modification proposing different colors. However, they have withdrawn that request and will keep the same neutral color that exists. The only facade change will be a couple of top parts will be added to the columns. Attorney Hayes pointed these out on the drawing. Commissioner Krebs stated she likes the existing facade and would not like to see major color changes. Attorney Hayes stated Bob's was intending to have teal accents but they were informed such a change would require a special use permit and public hearing.
Mr. Giner stated there is a memo from John Cabbibo dated March 6, 2003 which states he has reviewed the revised plans and all concerns have been addressed.
Mr. Giner stated he had planned to handle the store move administratively but a flood permit was needed requiring Commission approval.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve FLD#016, application for flood hazard permit for relocation of compactor related to the proposed relocation of tenant (Bob's) within existing structure at Enfield Commons, 25 Hazard Avenue, zoned BR, Map 45, Lot 8, SEA Enfield Commons LLC, Applicant/Owner. The motion was approved by a 7 - 0 - 0 vote with Alternate Joseph Jedynak voting.
OTHER BUSINESS
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to grant an extension to Chet Ladd for the filing of the mylars for the Shaker Heights subdivision. The motion was approved by a 7 - 0 - 0 vote with Joseph Jedynak, Alternate, voting.
APPLICATIONS TO BE ACCEPTED
The following applications were accepted by the Commission:
PH#2375 - Application for a Special use Permit for conversion of a service station to self serve gas station with convenience store at 126 South Road, zoned BL, Map 66, Lot 1, Shahid Siddiq, Applicant, Getty Petroleum Marketing, Inc., Owner.
A public hearing will be scheduled for April 17, 2003.
PH#2376 - Application for a Special Use Permit for a labor camp at corner of Moody Road and Park Street, zoned I-1, Map 93, Lot 5, Enfield Shade Tobacco, Applicant/Constance B. Talarsky, Owner.
A public hearing will be scheduled for April 17, 2003.
PH#2377 - Application for a Special use Permit for restaurant and liquor at 90 Elm Street, zoned BR, Map 57, Lot #329, Randy Price, Applicant/SEA Enfield Stateline Plaza, LLC, owner.
A public hearing will be scheduled for April 17, 2003.
SPR#1211 - Application for a glass shop custom mirrors at 93 Pearl Street (aka 5 Walnut Street), zoned TVCZ, Map 24, Lot 64, John Pereira III, Applicant/Owner.
A public hearing will be scheduled for April 3, 2003.
ADJOURNMENT
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to adjourn. Following a unanimous vote, the Commission adjourned at 10:25 p.m.
Respectfully submitted,
__________________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
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Last Modified: 11/5/2004 5:16:24 AM
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