ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
APRIL 21, 2005
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, April 21, 2005 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Vice Chairman James Hickey, Jr. called the meeting to order at 7:30 p.m.
PRESENT: James Hickey, Jr., Vice Chairman
Kathleen Sarno, Alternate
Nicles Lefakis, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
Vice Chairman Hickey reported receipt of a memo from the State Department of Environmental Protection regarding drainage maintenance plans. Correspondence also included a Notice of Action from the Zoning Board of Appeals dated March 28, 2005 and a Notice of Action from the Inland Wetlands and Water Courses Agency.
Vice Chairman Hickey reported receipt of a ballot from the American Planning Association relative to dues.
Mr. Giner stated the Commission approved a site plan for Camerota for truck repair on Shaker Road. There were some minor changes to that site plan that he will approve administratively. All have been approved by the Building Inspector and the Fire Marshal. Those changes have been placed in the original file of the application.
Mr. Giner reported a request was received from J. R. Russo who is representing the owner of a building on the corner of North Main Street. The town's regulations mention the proposed use on the second floor, a rooming house. Mr. Giner will schedule this application for May 19, 2005 for a preliminary discussion with the Commission.
Commissioner Duren understood that rooming houses are not allowed and he noted other applications. Mr. Giner stated there is a definition and a use that is limited in the regulations. Under bed and breakfast, rooming houses are allowed by special permit in all zones with some limitations. Mr. Giner stated such a rooming house would have to be owner occupied. There was also some question about the residential appearance in the Thompsonville Village zone. A preliminary discussion will be held on May 19, 2005.
PUBLIC HEARINGS - Continued from April 7, 2005 meeting
a. PH#2496 - Special Use Permit to convert a 3-unit residential building to a 4-unit residential building at 148 Pearl Street, zoned R-33, Map 21, Lot 54, Michael T. Sirois, Applicant/Owner. (Must close by May 5.)
Vice Chairman Hickey acknowledged receipt of a new site drawing for this application. Commissioner Duren questioned if this meets John's requirement for an accurate drawing since there is no signature designating who prepared this drawing.
Mike Sirois, the owner of 148 Pearl Street, appeared before the Commission regarding this application. He stated he met with John Cabibbo this week and showed him the print. He liked the drawing with the parking in the back. His initial reaction was the rough sketch drawing Mr. Sirois submitted looked good but Mr. Sirois never got back to Mr. Cabibbo about it.
Mr. Sirois addressed the drawing prepared by a graphic artist and stated the dimensions came off the original print. Mr. Giner confirmed there is an existing A-2 survey of the property. The Commission has waived the requirements for a site plan on previous conversions but Mr. Giner can check on this drawing with Mr. Cabibbo and get back to the Commission.
Commissioner Egan stated the comments that John Cabibbo made in his memo dated March 23, 2005 regarding drainage should be made for any proposed expansion of processed stone or paved surface to protect the downstream properties. The memo goes on to state any further drainage improvements should be designed with the assumption that any expansion to the parking area is proposed as processed stone. The standard town notes and applicable details should be added to the plans.
Commissioner Egan stated the most important thing is the drainage calculations as to the impact on the neighboring properties by installing the parking spaces. He asked if Mr. Giner has discussed this with Mr. Cabibbo. Mr. Giner stated Mr. Cabibbo has not been in the office and he suggested tabling this until the next meeting.
Vice Chairman Hickey stated the Commission would need some type of determination in writing from Mr. Cabibbo prior to any approval.
Mr. Sirois asked if topographical maps with a survey are required. Commissioner Duren requested that the applicant follow Mr. Cabibbo's memo as to the specific requirements.
Commissioner Egan stated Mr. Cabibbo has requested an accurate as-built survey including topography to reflect the site as it exists today. The drawing submitted is not an as-built and it does not include the drainage information.
Vice Chairman Hickey asked about the A-2 survey. Mr. Giner stated when interior conversions are done on some streets where there is no A-2 survey available, the applicant's drawing has been used instead. He noted the difference here is the area which is being expanded is now grass and would need to be excavated. This would need Mr. Cabibbo's review.
Mr. Sirois stated the Town Engineer was concerned about the parking in the front. On the original drawing submitted, up front off of Pearl Street there were parking spots designated and these concerned to him.
Vice Chairman Hickey stated the Town Engineer had some concerns with the drawings submitted because he did not feel they were adequate. Those concerns need to be addressed before action can be taken on this application. Vice Chairman Hickey suggested continuing this hearing to May 5, 2005. Further discussion followed on the requirements of the Town Engineer and the need for him to sign off on the plans prior to approval.
This public hearing was continued to May 5, 2005. The Commission requested that the applicant provide them with a copy of the deed showing the owner of this property.
PUBLIC HEARINGS - NEW
a. PH#2495 - Special Use Permit for a restaurant beer and wine permit at 535 Hazard Avenue, zoned BL, Map 101, Lot 189, Daniel Poggie, Applicant/Owner. (Must close by 5/26).
Daniel Poggie appeared before the Commission regarding this application.
Mr. Giner asked the applicant if he has been in contact with Marvin Sierra regarding the grease trap issue. Mr. Poggie stated the grease trap was approved and he received a letter from the Health Department within the last few weeks.
Mr. Giner stated the site plan was approved for a change of use to a restaurant. One of the conditions was before the applicant could get his permits, he would have to satisfy Water Pollution Control. Everything else that was previously conditioned on this application would apply.
Mr. Giner stated the applicant is requesting a restaurant beer and wine permit at this restaurant like he currently has next door. The floor plan from last December will remain intact.
Vice Chairman Hickey opened this hearing to the audience. No one spoke in favor or against this application. Vice Chairman Hickey closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve a Class I beer and wine permit for Daniel Poggie as heard in Public Hearing #2495 with the following conditions:
Conditions to be Met Prior to Signing of Certificate:
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. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
3. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
4. The approval for the Class 1 beer and wine license is in conjunction with a bona fide restaurant only. Any changes to the interior layout or functions of the space shall require an amendment to the Special Use permit.
5. This approval is subject to conformance with the Floor Plans and conditions of approval for SPR# 1250, approved by the Commission on December 18, 2003.
6. The use describe herein shall commence by April 21, 2006 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
7. By acceptance of this permit and conditions, the applicant, land owners, and their successors and assigns 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.
b. PH#2500 - Special Use Permit for a modification of existing Kohl's Plaza (Elm Plaza) for demolition of former Waldbaum's Supermarket and the construction of a new Best Buy store, adjacent retail and new out parcel building in existing parking lot with related site work at 95 Elm Street, zoned BR, Map 43, Lot 1, Kimco Realty Corp, Applicant/KIOP Enfield L.P., Owner. (Must close by 5/26)
Mr. Giner noted the Commission has received revised plans in response to the concerns from the Engineering Department regarding street numbering.
Roger Kelman from F. A. Hesketh, Joe Dennis from Kimco Realty who represents the owner and the developer, and Frank Deljudas, the architect, appeared before the Commission regarding this application.
Roger Kelman stated this application is for the renovation of a portion of Elm Plaza, a sixteen-acre site in the Business Regional District. The proposal is to demolish the westerly portion of the building as outlined on the site plan in the dashed gray line and to construct a new building for Best Buy in approximately the same location. This location is shown outlined in orange on the site plan. A portion of the existing structure is being renovated for use as a retail component. There is also a small out parcel which would contain a small retail building. All of the site that is being redeveloped is currently developed with the existing building and with the existing pavement and parking. The proposal would result in a net decrease in building coverage and a slight decrease in the impervious coverage because they plan to add some small open space landscaped areas. There will be a slight increase in the number of parking spaces of five spaces. There will also be a slight increase in the side yard from fifteen and a half feet to twenty-six feet.
Mr. Kelman stated the plan before the Commission tonight reflects minor changes that were the result of comments that staff made at their ART meeting review. These plans were provided to staff last week and they have reviewed the relatively minor changes.
Mr. Kelman provided the Commission with the larger scale plan for Best Buy and for the parcel out front including the elevations.
Commissioner Weseliza asked about the proposed retail shops connected to the Best Buy store. Joe Dennis stated they had provided the Commission with a rendering. What they expect to do is carry the facade element that comes across Chicago Sam's and Hanousch Jewelers into the side of the Best Buy store. They do not yet have a tenant for the empty retail space. Their intent is to get the approval for the building so that they can then market the space.
Vice Chairman Hickey asked if the 30,000 square foot size is the standard size building for Best Buy. Mr. Dennis confirmed this is their prototype store.
Commissioner Duren asked about the proposed signage for this new building. He noted the Commission has had problems trying to figure out how to get visibility to the back buildings so that people know those buildings are there.
Frank Deljudas stated they inquired about a pylon sign. He was told by Mr. Alsbaugh that this is not an option. The only signage they would propose is what is on the front facade. There are also channel letters on the side.
Commissioner Duren stated Best Buy would be seen from Elm Street but he was concerned about visibility for the new building. It would be located in back of another building and there would also be an additional building behind that. Mr. Deljudas stated for the small pad building they would do signage on a facade in a smaller scale but similar to what is on Chicago Sam's. They recognize that they will not have billboard presence.
Mr. Dennis stated there is a restriction in both the Best Buy lease and the Kohl's lease that the building can only be a certain height. The building would not be any taller than 22' including the architectural features for the facade. The height of Chicago Sam's and Hanousch is probably 26' to 28'.
Mr. Dennis stated the Water Pollution Control concerns have been addressed in the new plans. They were details related to pipe sizes and slopes.
Mr. Giner stated the Commission has received a memo from the Fire Marshal but has not yet received anything from the Traffic Safety Officer.
Commissioner Duren stated he did not notice any notes regarding maintenance for the catch basins and the surcharge pump for overflow. Mr. Kelman stated that note has been added to the plans.
Commissioner Egan asked for a clarification. On the west side of the proposed Best Buy building, is the distance between the north corner of the building and the property line sufficient for the fire apparatus to get around? Also, are there islands proposed to the west of the building? Commissioner Egan stated it doesn't look like there is sufficient room for the fire apparatus to get around to the back side of the building on the west side. Mr. Kelman stated that was not an issue for the Fire Marshal. They have substantially increased the width of the fire access around the back of the building.
Commissioner Duren asked about the variance previously granted for this property. Mr. Kelman stated in l982 there was a variance for 15' and they are improving it significantly. It is only related to a small piece of the corner that is up to the 26'.
Vice Chairman Hickey opened this hearing to the audience. No one spoke in favor or against this application.
Mr. Giner stated the staff does not have details on the use of the out parcel. The Commission would be approving a special use permit for having this out parcel and when they get a tenant, they would have to come back with any changes.
Mr. Kelman stated the conditions in the proposed motion are very clear to them.
Vice Chairman Hickey asked about the type of tenant that will be marketed for the proposed out building. Mr. Dennis stated they have not yet begun marketing and were waiting for an approval prior to doing so. He acknowledged it could be a restaurant but it is more likely to be a cell phone or eyeglass store.
Commissioner Weseliza asked about the number of vacant buildings in town and she questioned why the Commission is considering a new building. Vice Chairman Hickey stated there are not that many vacant spots in Enfield. Mr. Dennis stated they have no intention of breaking ground on the proposed building until they have a signed lease.
Commissioner Duren asked if the Traffic Safety Officer should be involved. Mr. Giner stated the proposal is really not changing the access to the plaza. Commissioner Duren had a concern about the addition of a building. Mr. Giner stated they would be reducing the amount of floor space. Mr. Giner stated he has provided Lieutenant Boula with the plans and the ART minutes.
Vice Chairman Hickey stated this particular shopping center almost has an access road. In this instance, there is a dedicated road that does serve to enhance the area.
Commissioner Duren felt this may be an opportunity for the Traffic Safety Officer to install signs that he wants.
Mr. Kelman stated if the Traffic Safety Officer has any subsequent suggestions for improvement, they will accommodate those suggestions.
Vice Chairman Hickey closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH #2500 - Special Use Permit