|
|
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
FEBRUARY 6, 2003
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, February 6, 2003, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Howard called the meeting to order at 7:30 p.m.
Present: James Howard, Chairman
Anthony DiPace
Charles Duren
Robert Egan
James Hickey, Jr.
Karen Krebs
Nicles Lefakis (arrived at 8:25 p.m.)
Jeffrey Cooper, Alternate
Joseph Jedynak, Alternate
Karen Weseliza, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the Minutes of January 2, 2003. The Minutes were approved by a 6 - 0 - 1 vote with Alternate Cooper voting. Commissioner DiPace abstained.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the Minutes of January 16, 2003. The Minutes were approved by a 5 - 0 - 2 vote. Commissioner Krebs and Commissioner Cooper abstained.
Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of January 27, 2003. The Minutes were approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
STAFF COMMENTS
a. Town Attorney (in written form)
Mr. Giner distributed the brief and appeal regarding RYA v. Town of Enfield.
b. Zoning Enforcement Officer (in written form)
Commissioner Duren commented about the J. F. Kennedy School roof top units on the temporary buildings. Mr. Giner reported they submitted an application to Brett Stoddard and he now needs a report from a structural engineer. Commissioner Duren expressed his dissatisfaction about the present process and the fact that the Commission was told some time ago that a structural engineer would be hired. Mr. Giner reported an application and plans were submitted by Art Pongratz and will be on the Commission's agenda for March 6, 2003. Commissioner DiPace asked that Mr. Giner find out if the other application has expired. He noted the application is being made for the latter of the two freestanding building applications and he would like to know about the expiration date for the other one. Mr. Giner stated he doesn't recall that there was an expiration date on the first application.
Commissioner Duren asked about the signs. Mr. Giner stated he sent a report to CRCOG regarding Mr. Alsbaugh's proposed zoning amendment. Commissioner Duren asked that the Commission receive a copy of what was submitted to CRCOG.
c. Director of Planning and Community Development
Mr. Giner reported there is a March 1, 2003 Connecticut Bar Association seminar in Middletown at Wesleyan. Commissioners Egan, Duren, Hickey and Jedynak expressed a desire to attend this seminar. Commissioner DiPace requested copies of the booklet that will be distributed at this seminar be provided to those Commission members not attending.
Regarding the Federation of Planning and Zoning Annual Meeting, Commissioners James Howard, Anthony DiPace, Charles Duren, James Hickey, Jr., Jeffrey Cooper and Joseph Jedynak stated they would like to attend. Chairman Howard requested that an invitation be extended to the other boards like the Enfield Zoning Board of Appeals.
CORRESPONDENCE
Commissioner Duren reported receipt of the Planning Magazine along with some interesting zoning information seminars being held in Orlando, Florida, Madison, Wisconsin and in New Mexico. Commissioner Duren also reported receipt of information on the Connecticut College of Agriculture. He also received a copy of a journal that he would like forwarded to the Enfield Revitalization Strategy Committee. It discusses enhancement, public buildings and keeping downtown centers alive.
PUBLIC HEARINGS
PH 2361 - Application for Special Use Permit to convert a previous business space to an efficiency apartment at 95 Church Street, Zoned R-33, Map 27, Lot 42, Joseph S. Frost, Owner/Applicant. (Must close by 2/20)
Joseph Frost and Mrs. Frost appeared before the Commission regarding this application.
Commissioner Duren noted receipt of the drawing previously requested from this applicant. The major concern was the frontage and that the building be renovated so as not to look like a store front. Commissioner Duren stated he approves of the plan proposed and noted the siding is going to be the same as that on the side of the building. Mr. Frost confirmed this and stated the building will have a peak.
No one from the public spoke in favor or against this application.
Chairman Howard closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Cooper, to approve PH#2361 with the following conditions:
Conditions to be Met Prior to Signing of Plans:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
Conditions to be met prior to the issuance of permits:
2. One set of mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission.
3. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land Records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits
General Conditions:
4. This approval is for the specific use and 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.
5. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
6. A building permit for the construction of facilities as approved must be obtained by February 6, 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.
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.
The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting. The reason for approval is the change will make it more compatible to the existing neighborhood.
PUBLIC HEARINGS - NEW
a. PH #2367 - Staff initiative for a zoning map amendment from Residential 33 (R-33) to Thompsonville Village Center Zone (TVCZ) for property located at 82-90 Alden Avenue, St. Adalbert's Church Group Corp., owner, Town of Enfield, applicant.
Mr. Giner reported the subject of this public hearing is a staff initiative. Mr. Giner was approached by some people that wanted to open a cancer support center offering free services in one of the St. Adalbert's buildings. The building, formerly used as a nuns' residence, has been vacant for some time and is currently zoned R-33. The church is a permitted use in an R-33 zone but non-profit personal services are not permitted in residential zones. However, such uses would be allowed in the proposed change to the Thompsonville Village Center Zone. Mr. Giner informed the applicants that the town's plan of Conservation and Development shows the future land use plans for this area as being village district. He felt the proposed rezoning would be in keeping with the master plan, would not change the religious institutional use of the property and would allow this additional use. Mr. Giner stated if this proposed additional use had been done directly by the church, it would have been considered an accessory use to the church. However, since the church is not offering this service, by a technality, it necessitated a zone change or a text change. Mr. Giner stated the safer of the two was to propose a zone change for the property rather than to allow such a use in all residential zones.
Mr. Giner stated there is the added benefit of allowing any use that is allowed under the Thompsonville Village District zone but this would still require an application for a special use permit.
Mr. Giner stated the representatives that have had discussions with the church regarding the use of this property are present.
Mr. Giner stated the Commission has received a copy of a map showing the existing land uses surrounding this parcel proposed for rezoning. Uses include the Town Hall and commercial uses to the east and west with residential immediately to the east. Across the street is some vacant land that the church owns and some residential. Mr. Giner stated the types of uses that the Thompsonville Village District would allow are compatible with the existing neighborhood. A change of zone would also mean getting an empty building back into some type of use that would be a benefit to the community.
Mr. Giner confirmed that the building proposed to be rezoned is on the church property.
Commissioner Duren noted that most of the churches in town allow organizations like AA to meet in their buildings and he felt this would be a similar use. Mr. Giner stated this would be a more formal use and would include classes. The building is presently misidentified on the plans as the rectory and the rectory is actually located on the other side. This building was formerly a residence for nuns.
Commissioner DiPace asked if there is any limit as to how far this zone can go and would the Commission be opening up the zone to others like the shopping center nearby. Mr. Giner provided the Plan of Conservation and Development and stated it clearly shows the boundaries of the Thompsonville Village District. Any applications outside the designated area in the Plan would require an amendment to the Plan of Conservation and Development.
Mr. Giner stated the representatives for the proposed use have a letter from the church officials authorizing them to apply for a special use permit.
Commissioner Duren questioned if the church is aware of this proposed zone change. Mr. Giner confirmed they know this and there is a sign posted on the church property.
Commissioner Egan noted in the regulations, page 45, Section 5.40, it does specify all the uses and it is primarily to promote the compatible land uses such as retail, service, office, entertainment, government, residential and open space.
Commissioner Egan asked if the Enfield Revitalization Strategy Committee has provided any feedback regarding this zone change. Mr. Giner stated he made Laura in Economic Development aware of this proposed zone change but not the Committee itself. Such a communication is not required with a zone change. If they do get the zone change, any application within the Thompsonville Village District Zone would have to be referred to this committee.
Commissioner Egan was in favor of communicating information on this zone change to the Enfield Revitalization Strategy Committee in order for them to offer feedback. He would like to hear from them and make sure that they have been informed about the proposed zone change and have no problems with such a zone change.
Chairman Howard opened this public hearing to the public.
Pauline Sciaretta, 148 Main Street, Somersville, President of Hope's Place Cancer Support Center, Inc., spoke in favor of this application. Also present was Mark Duprey, their architect and project manager.
Ms. Sciaretta presented a picture of St. Adalbert's convent and stated this is the perfect location for their cancer support center. A question was raised earlier about the plans for the building. They would be creating a comfortable, home-like environment for cancer patients and their families to receive free services in the area of support. Such support would include yoga classes, grace and motion classes, and a meditation room. They have a number of therapists on board and are planning on hiring a program director who will meet with the clients and assess their personal needs. They link to other community services and help in any way they can. All the services are free and they have a number of volunteers and facilitators working on their behalf. They are currently putting on programs for the general public and they have been utilizing Phoenix Community Cancer Center, Johnson Memorial Hospital's medical educational center and the St. Francis Care Center. Their intent is to have some programs at Hope's Place Cancer Support Center. They have dietician counseling and are planning on massage therapy and reflexology. It is their intent to provide whatever services cancer patients and their families need.
Commissioner Egan asked where the clients would come from. Ms. Sciaretta stated they come from all over and there are no boundaries. She noted she runs a hair styling shop and it became evident to her that many people are dealing with cancer. Many of the initial clients came from her business and through people learning about what they are trying to do. They have worked with a number of clients since they started in January, 2000. They are looking forward to opening Hope's Place in the former St. Adalbert's convent so that they can really get underway.
Chairman Howard noted if the Commission approves this zone change, a special use permit application would still be required for the use.
Commissioner Jedynak stated cancer has touched his family and he knows what people go through. All the help they can get, they really need. The mission of Hope's Place is really appreciated and he would think that the St. Adalbert's former convent would be a great location for this use. He noted that it doesn't make any difference where the participants come from because cancer has no boundaries.
Commissioner Cooper asked if this zone change was not approved, would this use be able to go forward. Mr. Giner stated it would not and there would be a need to find another location that would allow this personal service use.
Commissioner Duren stated there are several benefits to this use. It puts to use a vacant building and it will bring people into downtown. In his opinion, it is a win-win situation.
Ms. Sciaretta stated they are receiving a grant of $150,000 from the State of Connecticut to make improvements to the building. It is in the works but it is dependent on them signing the lease which is dependent on the zone change. Ms. Sciaretta stated she was supposed to have this lease signed and sent to the State of Connecticut already so that the state can release the funds.
Commissioner Egan asked if they sign a lease, the church still owns the property and would the property still be tax exempt property. Mr. Giner stated the church can own the property and lease it to a business. The church itself would have to come in for a special use permit even for their own use. They are not exempt from zoning.
Ms. Sciaretta stated the lease is with the Archdiocese of Hartford and Father O'Brien is acting as their representative. She presented a letter from Father O'Brien giving her permission to act on his behalf for the special use permit. Ms. Sciaretta stated the lease states it is a minimum of ten years at $1 per year. They are also hoping the Archdiocese will grant an option to extend that time frame.
Chairman Howard opened this hearing to the audience.
Donna Swoles, 95 East Street South, Suffield, stated she is a parishoner of St. Adalbert's Church and is a member of the St. Adalbert's school board. She thanked the Commission for the opportunity to speak and stated she has some questions and comments relative to this proposed zoning change. She would like to preface all her questions and comments with this sentence: she is not opposed to anyone helping people or people helping people. She knows that cancer has touched everyone at some point in their life and that is not her issue at this stage.
Ms. Swoles stated she would like to ask for a clarification regarding this hearing because there seems to be some confusion with people she has spoken with about the reason for this hearing. Her understanding is that the public hearing is for the proposed zoning change which would encompass the entire St. Adalbert's property and she asked for a confirmation of that understanding. Chairman Howard confirmed that this would be correct.
Ms. Swoles stated the property would be inclusive of the convent, the church, the school and the rectory. This change would not affect only one facility.
Ms. Swoles commented on Commissioner Egan's comment regarding notifying the Enfield Revitalization Strategy Committee and stated she is in favor of that. They should have knowledge and some say as to what is occurring regarding the proposed zoning change.
Ms. Swoles asked why the town filed this application for the proposed zoning change and not the organizations involved.
Ms. Swoles stated regarding the zoning change itself because it is filed by the town, she would think it would be a mass filing for any type of zoning change. Her concern about the zoning change is relative to the feeling that she has that there should have been a feasibility study attached to the application itself. Such a feasibility study being done and included with the zone change application would confirm that the proposed use of the property is feasible prior to making the zoning change. She would like to see what impact such a use would have on the neighborhood before the Commission thinks about changing this particular zone. Information included could be the impact on vehicle traffic, pedestrian traffic, the crime statistics of the area, the safety of the neighborhood and its children, street lighting, sidewalks, school zones, and parking, both on street and otherwise. It should also include proposed hours of operation, proposed number of staff on premises, proposed number of people using the facility and proposed number of vehicles. The feasibility study should be done at a peak time when all of the residents and those that use the area are present.
Chairman Howard stated all the questions Ms. Swoles is currently asking will come forward at the next hearing when they try to open the proposed use.
Ms. Swoles stated she doesn't understand why such a feasibility study is not done prior to approving a zone change. Chairman Howard stated the Town of Enfield zones and does not know at the time of doing so what uses will go in the area. Ms. Swoles stated it seems pretty straightforward that this type of feasibility study could have been done and attached to the application so a lot of these questions would have been answered. Chairman Howard stated one use could occupy the property for a year and another business a year later.
Ms. Swoles stated the zoning change proposed opens up too much of an opportunity for too many uses. There are a lot of uses listed under the Thompsonville Village District Zone. The reason a lot of this came out is she read in the Executive Summary dated April 8, 1999. It states that the planning and development concerns expressed in the polls and the meeting echoed many of the same concerns expressed in 1987 - to protect the established neighborhoods from commercial development and traffic intrusions and reduce traffic congestion on the street system. Ms. Swoles stated this expresses a concern when you are looking at a zoning change and you want to take all these concerns into consideration when considering a zoning change for the opening up of various uses under that zoning change.
Commissioner Duren stated the Commission has to consider all uses that could locate in that particular zone when they do a zone change. They cannot focus on one particular business. Ms. Swoles stated her concern is the fact that the entire property is being rezoned. Commissioner DiPace stated the Commission does not want to create spot zoning with one property.
Ms. Swoles stated it is her understanding that the Enfield Food Shelf is now moving to Alden Avenue. This will again impact pedestrian and vehicular traffic. Those who are picking up and donating will cause additional traffic beyond what is already affecting the school, the church and the residences in this short span from Lincoln Street to Route 5. This is a small area that becomes very busy and there is always that potential of an accident waiting to happen. Ms. Swoles stated she is concerned about the need for some type of study to look at what will happen with this facility once it opens and how it will impact everything on the street. The street presently is narrow and not very well lit causing a lot of street issues.
Commissioner DiPace stated that road carried all the Bigelow Mill traffic for many years. Ms. Swoles stated you did not have people coming out of Bigelow and Hartford Avenue at seventy miles an hour either. It was also on a different scale at that time because of the years Bigelow was in operation.
Ms. Swoles asked if the zone was changed, how would it affect current and future requirements; that is, fences and barricades for the safety of the children since the area is a school zone; additions to existing buildings; neighbors; homeowners; and renters. Are there any requirements that will have to be instituted regarding buffer yards and frontage? Is there any change in the sign requirements for private and commercial and does it affect insurance coverage? Ms. Swoles summarized in other words is the current zoning, which is R-33, easier for these examples than the Thompsonville Village Center Zone.
Ms. Swoles asked if the proposed zoning change will make the property "more public" than private. She asks this because the Town Hall is located in the Thompsonville Village Center Zone and whether it is public or private, you cannot stop people from walking around. However, how much protection does that give to someone or would it be opening up a pandora's box?
Ms. Swoles also cited a study completed in 1998-99 where there were recommendations stated to improve sidewalks and lighting. She asked if any of these initiatives have been completed on Alden Avenue or Lincoln Street.
Ms. Swoles questioned if this zone change is approved, does that mean that it cannot be changed or can the decision be appealed.
Chairman Howard noted that Ms. Swoles has asked a lot of good questions but most of them are in regard to the proposed business that seeks to locate in the zone if the zone change is approved. Chairman Howard noted the proposed use for the property can change and a different application can be filed. Regarding the public aspect of the property, Chairman Howard did not feel you can get more public than the church.
Ms. Swoles stated her concerns were crossing lawns and using the property as a right of way.
Chairman Howard stated the characteristics of the area would not change. If a business wants to locate, they would have to come before the Commission and at that time traffic, signs, lighting, buffers and other items would be considered. These things would be addressed not within the present zone change application but within the next application to locate a use on the property.
Ms. Swoles stated she is finding it difficult to accept that for one building, the Commission is considering a zoning change as proposed to doing a zone change for an entire section of the town.
Mr. Giner stated this has been done previously and he cited the Legienza property at the corner of Elm Street and Freshwater. The initial zone change was for a single piece of property much smaller than this property because the resident at the time informed the Commission they could not market the property as a residence. The Commission looked at its Plan of Conservation and Development and stated it should be a business zone. Mr. Giner noted the fact that the Commission changes a zone doesn't preclude a property owner from applying for another change.
Mr. Giner stated the town is sponsoring the zone change and not requiring the church to file an application because such zone changes can be initiated by the Commission, the staff or applicants. Knowing that the applicant would have to come before the Commission for a special use permit, it made sense for the town to sponsor the zone change. Mr. Giner noted it is an empty building and the proposed use fits in with the current institutional use of the property.
Ms. Swoles stated she is referring to rezoning not an entire section but a property that contains a total of four buildings. Chairman Howard stated the Commission can and has done such zone changes. Commissioner DiPace added that authority was granted to the Commission by state statutes.
Commissioner Cooper stated it is the intent that eventually the entire area will be zoned this way.
Chairman Howard stated if something works, the Commission builds on it. He noted that the Commission appreciates Ms. Swoles' comments and will consider a lot of what she stated during the next hearing for the property use.
Ms. Swoles stated her concern about what to look at, the traffic, and related issues, should be considered prior to changing the zone for this property because of the expansion of uses under that zone change and how such uses can affect the neighborhood. The two zones are extremely different in what they allow and do not allow. She requested a conscientious and informed decision from the Commission regarding the proposed zone change.
Mark Duprey, Duprey Design, 24 Overbrook Road, West Hartford, spoke on behalf of Hope's Place Cancer Support Center in regard to the current state of the facility they are considering leasing. He made everyone aware that this building is in a moderate state of disrepair. The state has been gracious enough to grant Hope's Place a $150,000 grant to renovate the facility and he will work with the staff to use this grant in the most expeditious manner in regard to state guidelines and how they want the work to be bid.
Mr. Duprey stated if this building is not leased by Hope's Place Cancer Support Center, it could be in a much worse state of repair in a few years. He is presently concerned about the building's future structural capacity in its current state. They have had a structural engineer review the building and looking at the foundation at the lower level of the building, there is substantial and significant moisture penetration. In their plans, they will excavate the perimeter of the building and seal the foundation. Presently there is mold growing in the building and moisture penetration at the lower levels which are eventually going to ruin the structural capacity and feasibility of the building. Mr. Duprey felt the plans they have would revitalize the area and, specifically, this one particular building.
Chairman Howard stated Mr. Duprey's comments are excellent issues for the hearing to follow this zone change application.
Commissioner Egan asked about the size of the building. Mr. Duprey stated it is approximately 2,400 square feet per floor and there are two floors that can be occupied with a basement.
Mr. Giner stated he has provided the Commission with maps regarding existing land uses, the Plan of Conservation and Develoment showing the proposed use of the building and the existing and proposed zoning map of the area.
Commissioner DiPace stated he grew up in the Alden Avenue area and his mother still lives there. That road carried all the traffic from the Bigelow Mill. The main gate was on Whitworth Street and traffic would exit Whitworth Street and go down Alden Avenue. At 3:00 p.m., traffic would be backed up from Enfield Street all the way back to beyond Lincoln Street but it cleared up in ten or fifteen minutes. Regarding the sidewalks in the area, they have been replaced twice in the last fifteen years. Regarding parking, the church has a parking lot across the street from their facility. Commissioner DiPace added if the church was against the proposed zone change, they would not be doing the lease agreement.
Commissioner Egan stated some of the concerns that the Commission heard are addressed in the special permit requirements. He noted if he reads the regulations correctly, the special permit process is only required for more than 5,000 square feet of gross floor area. His point is that this use may be good for the area but he questioned if the Commission would be opening up things to others within this district.
Mr. Giner stated the zone change would only be for the church property and any changes would have to be with the church's permission.
Commissioner Egan again discussed the regulations which note that a special permit is required for any single use which encompasses more than 5,000 square feet of gross floor area. If the use is less than 5,000 square feet, they would not have to come before the Commission under the special use permit procedure. Mr. Giner stated the building is 4,800 square feet plus a basement. Commissioner Egan stated as it was pointed out, the zone is being expanded. Mr. Giner stated this change of zone would only affect the church property. It is delineated in gray on the map. Mr. Giner stated there is a delineation of the 500' buffer around the proposed zone change area. He is required to show this by regulation.
Mr. Giner confirmed that the subject property is the school, the rectory, the church and the convent building, all of which are owned by the church.
Commissioner Hickey thought it should be pointed out that there are dynamics to land use. It changes and this change fits into the town's Plan of Conservation and Development. This means that what has been there for many years may change.
Chairman Howard stated what was located on the property previously is a similar use to what is being proposed.
Commissioner Jedynak expressed a concern that if the Commission does not act on this application tonight, it may put the state grant in jeopardy.
Commissioner DiPace stated with the guidelines in the statutes that the Commission is under and the way people can lose funding, the Commission has to make decisions. Regarding communicating with the Enfield Revitalization Strategy Committee, Commissioner DiPace suggested they be sent the Commission's agenda. Mr. Giner stated this is already done and that committee would get a formal referral of any proposed use. They would then have thirty-five days to respond.
Commisioner Duren stated Mr. Giner has stated he has been in contact with Laura of the Economic Development Office and if there were any problems with this application, she would have informed the Commission. Commissioner Duren stated it is his understanding the Revitalization Committee has been talking about extending the TVC zone. Mr. Giner stated this would give the property more options in the future and it does not preclude the existing use. The TVC zone would allow some relaxed setbacks from forty feet in R-33 to ten feet in the TVC zone.
Commissioner Egan felt as a courtesy to the Enfield Revitalization Strategy Committee, this Commission should be notified via a letter or formal notification regarding an application such as this. Commissioner Egan felt there should be more communication between the two agencies.
Commissioner Duren stated the two department supervisors have communicated regarding this application. Commissioner Egan stated he would like confirmation that the Enfield Revitalization Strategy Committee has been notified.
Commissioner Lefakis stated he was not present for the entire hearing this evening and he requested that an Alternate vote in his place.
Chairman Howard closed this public hearing.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2367, a change of zone from Residential-33 to Thompsonville Village Center Zone (TVCZ) for property located at 82-90 Alden Avenue, St. Adalbert's Church Group Corp., Owner. Commissioner DiPace expressed his comments regarding being in favor of this zone change. He felt it is a zone change for a very good cause and cancer has no boundaries.
The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
The reason for approval is the zone change complies with the Enfield Master Plan of Conservation and Development.
OLD BUSINESS
SPR #1203 - Site Plan review to allow the use of an existing building for bakery sorting and distribution with related site work at 89 High Street, Thompsonville Village Center Zone, Map 25, Lot 1, Patrick Marcari, owner/applicant.
Patrick Marcari,Lasse Aspelin, the architect, and David Palmberg of William Palmberg and Son, Land Surveyors, appeared before the Commission regarding this application.
Mr. Aspelin outlined the outstanding issues for this application, as he read them from the review comments, and discussed their status. He stated they have a survey that has been prepared and submitted identified as "Drawings 1 and 2 by William Palmberg and Son." The site survey shows the existing conditions on sheet one with the type of grading and the existing parking lot layout. On page two, they show on the left side of the sheet a shaded area where they propose to change the grade. There would be a nine-inch drop in the pavement to allow the delivery trucks to become level with the loading dock area and they would utilize the existing storm drain.
Mr. Aspelin stated after further investigation of the storm drain, they found it is serviceable and they will be cleaning it out. The lateral for the sewer which was requested is shown on the plan submitted. This is located on the right side of the building. Mr. Aspelin pointed out the location of the lights and the fencing around the property. The light poles will be in the same location but the light fixture heads will be changed.
Mr. Aspelin stated there was a request for additional information regarding a layout for the parking spaces and how the property will be used. He referred the Commission to Sheet 2 of 2 of the plans on the right side which show four loading dock spaces for smaller vehicles and the one on the right is for a larger trailer which is indicated as a 10' x 50' loading dock space. There are additional 10' x 30' parking spaces to the left. There is employee parking shown with three spaces on the left and an additional six spaces on the right side. Mr. Aspelin stated they have volunteered to include a landscaped buffer next to the residential area and will be installing arborvitae.
Mr. Aspelin stated there was a question raised as to the use of the basement area. He confirmed it is going to be used for cardboard box storage and plastic tray storage. Since this is a distribution facility, baked goods would be taken from the existing bakery to this area, repackaged and then shipped out on trucks. The cardboard boxes in the basement would not be stored underneath any sanitary or waste water pipes that might have a possibility of contamination. There are no floor drains on the first floor. There was an issue that was raised by the Fire Marshal pertaining to fire egress requirements from the basement area. Mr. Aspelin has investigated that and they do have a direct access from the basement out. The Health Department had some questions pertaining to the possibility of rodents or flies getting into the building. Mr. Aspelin noted the design of the building is such that the loading dock is going to be flush with the outside wall. There will be buffer pads for the trucks when they back up to it and there will be seals around the doors that will seal with the doors of the truck making it difficult for rodents to enter.
Mr. Aspelin pointed out the additional light fixture and presented a copy for the Commission's review. He stated these light fixtures were selected to reduce light pollution to the neighboring residential areas.
Commissioner Jedynak stated the trucks for Diana's Bakery are presently parked across the street in an unpaved parking lot and there is also a private parking space for the owner. He asked if this parking would continue or would the trucks be parked at the loading dock. Mr. Marcari stated for the most part, the trucks will be housed at the new location but there may be a few trucks parked across the street.
Commissioner DiPace asked if information has been submitted regarding the rooftop mechanicals. Mr. Palmberg stated both the surveyor and he looked at the sight lines and there is no place in the residential area or from High Street where the mechanical units will be seen because of the perspective of the building. Noise would be the major concern and they are planning to have noise screenings and those details will be included in the working drawings. Commissioner DiPace stated the Commission requested that the screening for the rooftop units be shown on the plan. Mr. Palmberg stated there is no visual way of seeing the rooftop units.
Commissioner DiPace noted the need for the details regarding the rooftop mechanicals to be shown on the plans and the fact that this hearing was in part continued to allow the plans to be revised to show the details of the rooftop units.
Chairman Howard stated it sounds like there was a miscommunication and the applicant felt because the rooftop units cannot be seen, they should not be included on the drawings. He noted the need to see the location of these units and where the proposed noise protectors will be located. Mr. Palmberg stated the actual size of the mechanical unit has not yet been determined and is a function of the next step in the working drawing phase. The height of the screening would be a guess at this stage. They know where the existing rooftop opening is which they are planning to use. It is located in the back section about ten feet from the back wall of the loading dock. He requested that a condition of approval could be added that the detail of the rooftop mechanicals be shown on the plans.
Mr. Giner asked if there will be two rooftop mechanicals. There is one to be located ten feet back in the middle of the building and he asked if there is another in the area of the freezer. Mr. Palmberg stated that would be a compressor. Mr. Giner had a concern about the visibility of this unit because the freezer is located up against the west wall of the building.
Mr. Marcari questioned why the rooftop units are such an issue when the adjoining plaza has forty-eight visible rooftop units. Chairman Howard stated the Commission's intent is to make the situation better.
Mr. Marcari had further questions about showing the rooftop units on the plans. Chairman Howard stated the Commission is looking for an elevation view of the building or a cross section showing these units.
Commissioner DiPace stated the applicant was asked for this information at the last meeting. He stated if the Director of Planning does not have a problem, he would not have a problem if the Commission acts on this application tonight with the condition that the plans for the screening of the rooftop mechanicals be submitted and be acceptable to the Town Planner. Mr. Giner stated he would bring these plans back to the Commission for their review at a future meeting.
Mr. Giner noted at the Administrative Review Team Meeting, the applicant was informed of the need to show these units and proposed screening as required by the regulations and that all are compatible with the building architecture.
Commissioner Egan asked if the location of the rooftop unit close to the abutting property was a visual or noise concern. Mr. Giner stated it was both and he informed the applicant previously about the freezer location and the view the neighbor will have. There is also a need that such unit conforms with the town noise ordinance.
Chairman Howard agreed with Commissioner DiPace's recommendation regarding a condition of approval for the screening and rooftop units.
Commissioner DiPace made a motion, seconded by Commissioner Duren to approve SPR #1203 - Site Plan Review to allow the use of an existing building for bakery sorting and distribution with related site work at 89 High Street, Thompsonville Village Center Zone, Map 25, Lot 1, Patrick Marcari, owner/applicant.. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:Referenced Plans:
"Existing Condition Plan Prepared for Diana's Bakery, Enfield, Connecticut" Sheet 1 of 2, Scale 1"=20', by William R. Palmberg & Son LLC, dated 01-20-03.
"Site Plan Prepared for Diana's Bakery, Enfield, Connecticut" Sheet 2 of 2, Scale 1"=20', by William R. Palmberg & Son LLC, dated 01-20-03.
"Diana's Bakery Distribution Center Renovations 89 High Street, Enfield CT 06082, Floor Plan & Elevation" Sheet Z-2 dated 3/14/08 by Lasse Aspelin & Associates.
Conditions to be Met Prior to Signing of Plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. Sheet Z-2 shall be revised to include the latest revision date and the correct date (3/14/03 not 3/14/08).
3. The pavement detail such be revised to call for processed aggregate stone and not gravel borrow.
4. The SPR file number "SPR 1203 shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
5. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the Final Motion with conditions shall be placed on the plans submitted for signature.
Conditions to be met prior to the issuance of 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. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
8. Final North Central District Health Department approval for the facility shall be obtained.
9. Final Fire Marshall approval of Building Plans shall be obtained.
10. The applicant shall post a bond for Site improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town Attorney.
11. A Separate Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
12. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
13. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
14. The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
General Conditions:
15. 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.
16. The use is subject to compliance with the Town of Enfield Noise Ordinance.
17. Lighting shall conform with Section 7.10.6 of the Zoning Regulations.
18. 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.
19. Any changes to the existing vegetation line or other landscaping as approved on the plans will require additional reviews and approvals.
20. A building permit for the construction of facilities as approved must be obtained by February 6, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
21. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
22. The screening for the rooftop mechanicals shall be shown on the plans and shall be acceptable to the Town Planner.
The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
BOND RELEASES
1. Request for de facto release of expired bonds per memo from Finance Director dated December 19, 2002
This item will be tabled to a future agenda.
2. PH #1438.05 - Request for release of Erosion & Sediment Bond by Parts America, 54 Hazard Avenue in the amount of $1,300.
Commissioner Duren made a motion, seconded by Commissioner DiPace, to release the erosion and sediment bond for Parts America, 54 Hazard Avenue, in the amount of $1,300. The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
NEW BUSINESS
Discussion and possible action regarding approval of budget
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve the budget proposed by Jose Giner, Director of Planning. During the discussion on the specifics of the budget, the consensus of the Commission, following a report from Mr. Giner, was there could be a reduction in the Recording Secretary account while still approving a salary increase this fiscal year for that position. Commissioners also brought up the need to increase Commission fees so that these fees are more in line with actual expenditures and fees charged by other towns. Chairman Howard requested that the Commission be provided with a recommendation from Mr. Giner regarding proposed fee increases by the last meeting in March along with a fact summary of fees charged by surrounding towns.
The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
OTHER BUSINESS
Section 8-24 Referral - For acceptance of vacant .3 acre parcel located on Ed's Drive, Property ID 09612025-0349
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to make a recommendation to the Enfield Town Council to approve the Section 8-24 referral for acceptance of a vacant .3 acre parcel located on Ed's Drive, Property ID 09612025-0349. The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
APPLICATIONS TO BE ACCEPTED
The following applications were accepted by the Commission:
PH#2366 - Petition to amend Section 15-6.3.4.C.1 by Alan K. Tracy who resides at 1 Bridge Lane in Enfield.
PH#2367 - Accepted at meeting of January 16, 2003 (St. Adalbert's property zone change)
PH#2368 - Application to petition for text change to Section 10.30.3 regarding signs permitted in single-family districts brought by the Town of Enfield, Director of Planning & Community Development.
PH#2369 - Application to petition to amend zoning map to change zoning on 11.50 acre portion of a 14.64 acre parcel on Mullen Road from Industrial 1(I-1), Map 16, Lot 3, Car, Kimberley & Joseph Nowik, Applicant/Owner. (Previous applications PH#2345, PH#2314 and SPR#1173.
A public hearing will be scheduled for March 6, 2003.
PH#2370 - Application for a Special Use Permit by the Town of Enfield for installation of chemical feed systems at Enfield Wastewater Treatment Facility at 90 Parsons Road to address new state nitrogen regulations, zoned R-33, Map 11, Lot 20, Stephen Seigal - CDM, Applicant/Town of Enfield, Owner.
A public hearing will be scheduled for March 6, 2003.
SPR#1207 - Application for amendment to allow trailer storage at 101-103-105 Phoenix Avenue, Zoned I-1, Map 46, Lot 27, James S. Viola and Calvin A. Hills, Jr., Applicant, Owner.
SPR#1208 - Application for modification of plans previously approved to operate a school and provide counseling services on the premises at 151 Hazard Avenue, zoned BL, Map 74, Lot 255, Natchaug Hospital, Inc., Applicant/Michael Tartsinis, Owner.
OTHER BUSINESS
Commissioner Duren requested that Mr. Giner check on the approved colors for the Enfield Senior Center.
ADJOURNMENT
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to adjourn. Following a unanimous vote, the Commission adjourned at 9:30 p.m.
Respectfully submitted,
_____________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
jmr
|
|
Last Modified: 11/5/2004 5:18:00 AM
|
|
|