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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
JUNE 16, 2005
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, June 16, 2005, in the Council Chambers, 820 Enfield Street, Enfield Connecticut. Chairman Anthony DiPace called the meeting to order at 7:30 p.m.
PRESENT: Anthony DiPace, Chairman
Jeffrey Cooper
Charles Duren
Robert Egan
James Hickey, Jr.
Karen Krebs
Kathleen Sarno, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Krebs made a motion, seconded by Commissioner Cooper, to approve the Minutes of May 19, 2005. The Minutes were approved by a 6 – 0 – 1 vote. Commissioner Krebs abstained.
Commissioner Krebs made a motion, seconded by Commissioner Sarno, to approve the Minutes of June 2, 2005. The Minutes were approved by a 6 – 0 – 1 vote. Commissioner Hickey abstained.
CORRESPONDENCE
Chairman DiPace noted receipt of the American Planning Association magazine for June. Correspondence also included a letter from Southern Connecticut State University regarding GIS training and a letter from the State of Connecticut Department of Environmental Protection regarding the aquifer protection model regulations.
COMMISSIONERS’ CORRESPONDENCE
Commissioner Duren asked if the Zoning Enforcement Officer has contacted Mr. Artioli regarding the issues of concern. Mr. Giner reported the Zoning Enforcement Officer is aware of the Commission’s concerns. Last week at this location the loading and unloading of vehicles was being done in the designated areas. The Zoning Enforcement Officer is continuing to monitor the activities at this location.
Chairman DiPace discussed some outstanding zoning violations and how they have been successfully addressed by the Zoning Enforcement Officer. These include the dirt pile on Washington Road and the issue on Mill Street where there were 63 cars in the back yard.
Chairman DiPace stated he had previously requested a copy of the proposed projects for Roads 2005. He expressed a concern about Locke Drive located off South Road and questioned why it was not included in the Roads 2000 project. He asked about the time frame for improving this road. Mr. Giner stated a pavement rating system was used to determine allocation of the funds. Chairman DiPace stated Locke Drive was included in the early part of Roads 2000 but it got deleted. He asked that Mr. Giner find out when Locke Drive is scheduled for repaving.
PUBLIC HEARINGS – Continued from June 2, 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.
Jean Michael appeared before the Commission representing the applicant. She stated she is one of the owners of 148-150 Pearl Street. They have had an engineer prepare the drawings and he informed her they were delivered to John Cabibbo on Monday.
Mr. Giner confirmed the revised plans have been received along with a memo from John Cabibbo stating all previous engineering concerns have been addressed. Those concerns included the addition of standard town notes to the plans and that the existing concrete walk shown to the south should be labeled “to be removed.” Mr. Giner stated those items of concern are included in the proposed conditions one and part of three.
Chairman DiPace opened this hearing to the public. No one spoke in favor or against this application. Chairman DiPace closed this public hearing.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve 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. This approval is subject to conformance with the submitted record, the referenced plans, as may be required to be modified by these conditions, and the following conditions:
Referenced Plans
"A General Location Survey prepared for A.I.B., LLC, 148-150 Pearl Street, Enfield, Connecticut" Scale:1"=20', by Dubiel Associates, dated June 1, 2005.
Conditions to be Met Prior to Signing of Plans and Certificate:
1. The plans shall be revised to label the existing concrete walk shown to the south of the house as "to be removed".
2. The file number "PH 2496" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3. The plans submitted for signature shall contain a second sheet with the Standard Town Notes supplied by the Engineering Division and the Approval Motion and conditions.
4. 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:
5. Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.
6. Final Fire Marshall approval shall be obtained.
7. 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.
8. If necessary, 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.
9. If necessary, 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.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
10. All work indicated on the plans shall be completed.
11. Final as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
12. 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:
13. 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.
14. 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.
15. Any necessary permits for the construction or operation of the use as approved must be obtained by June 16, 2006 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
OLD BUSINESS
a. SPR#1279 - Application for site plan review to finish siding house at 53-57 College Street, zoned TVCZ, Map 27, Lot 103, Kenneth Swart, Applicant/Owner.
The applicant was not present.
Mr. Giner informed the Commission that this application was before the Enfield Revitalization and Strategy Committee and a memo has been received from Chairman Bill Lee. Mr. Giner added the proposed conditions reference the memo and state that the work shall follow the recommendations agreed to at the June 9, 2005 ERSC meeting as noted in the Chairman’s memo received June 14, 2005 in the Planning Office.
Chairman DiPace stated the positive memo from the ERSC was what the Commission was waiting for. In his opinion, this gentleman is trying to improve his home and this application represents a positive step.
Commissioner Duren made a motion, seconded by Commissioner Cooper, to approve SPR #1279 - Site Plan Review application to finish siding house 53-57 College Street, Zoned TVCZ, Map 27, Lot 103, Kenneth Swart, Applicant/Owner This application is subject to conformance with the application record and the following conditions:
1. The work shall follow the recommendations that were agreed to at the June 9, 2005 ERSC meeting as noted in the Chairman's memo Received June 14, 2005 in the Planning Office.
2. 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.
3. This project shall be constructed and maintained in accordance with the application record. Minor modifications may be allowed in accordance with the regulations, subject to staff review and approval.
4. 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 Sarno voting.
Commissioner Duren questioned if Mr. Giner is planning to prepare an information booklet for first-time applicants that outlines the procedure. Mr. Giner acknowledged this would be a positive step to assist the public.
b. SPR#1323 – Application for modification of plans previously approved for a change of color within limited area on facade of retail building (from green to yellow to coordinate with previously approved tenant signage/logo) at 10-38 Hazard Avenue, Brookside Plaza, zoned BR, Map 56, Lot 22, Matthew Alix, Applicant/Gateway Connecticut Properties, Inc., Owners. Matthew Alix appeared before the Commission representing Gateway Connecticut Properties, Inc., the property manager for Brookside Plaza.
Chairman DiPace asked if the applicant has pictures of the site. Mr. Alix stated he does not. He stated what occurred is Everything Baby moved into the space at the western end of the center. They had requested a permit to install a sign. Mr. Alix told them if the Town approved the yellow color, he would bring it before the owners to see if they would be agreeable to such a sign. Mr. Alix stated they did get a sign permit but he did not realize that the area that was to be painted yellow exceeded the area of the permitted sign. He is before the Commission requesting this additional approval.
Chairman DiPace noted the many different colors that presently appear in this plaza. Mr. Alix stated the body of the plaza is blue. He acknowledged there are at least four different colors for the various businesses. Mr. Alix added that the yellow color is part of the Everything Baby logo and, as the landlord, they agreed to let them use that color.
Chairman DiPace pointed out the appearance of other malls in Town compared to Brookside Plaza. Mr. Alix stated they have been involved with this property since February of 2003. Presently, the ownership is looking at potential facade renovations to give a better appearance to the center as a whole.
Commissioner Hickey stated it was represented a couple of years ago that Brookside Plaza was going to do this. At the time, the landscaping was the issue. While the Commission likes the landscaping, there is a need to improve the facade.
Mr. Alix agreed that the facade needs updating and the owners agree as well.
Commissioner Duren pointed out the dead tree located in front of Everything Baby. Mr. Alix stated he was planning to discuss this with the Zoning Enforcement Officer prior to removing it. Chairman DiPace stated the tree would have to be replaced.
Chairman DiPace stated he would like to plant the seed at this time about the need for renovation of this plaza. In his opinion, it would be nice to see a plaza that is a little more appealing to the eye.
Mr. Giner stated there are a couple of shrubs that are presently blocking sight lines that will be removed. From a staff point of view, he will approve the removal of these shrubs as long as they are replaced. Mr. Alix acknowledged the burning bushes which partially obstruct the stop sign at the intersection. Because of a concern for public safety, his landscaper recommended installing some lower shrubs because of the elevation in the area.
Mr. Alix responded to a question from Commissioner Cooper regarding a possible facade change. Mr. Alix stated the owner has asked his firm to investigate renovation and obtain some pricing. They are interested in upgrading the facade but also make it work within their budget. With the material costs escalating, this is becoming more difficult to do.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1323 – application for modification of plans previously approved for a change of color within limited area on facade of retail building (from green to yellow to coordinate with previously approved tenant signage/logo) at 10-38 Hazard Avenue, Brookside Plaza, Matthew Alix, Applicant, Gateway Connecticut Properties, Inc., Owners.
The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
NEW BUSINESS
a. SPR#1326 – Application for modification of plans previously approved for replacement of playground equipment on existing playground area at 27 Shaker Road next to Henry Barnard Elementary School, zoned R-44, Map 64, Lot 61, Enfield Public Schools, Applicant, Town of Enfield, Owner.
Art Pongratz appeared before the Commission regarding this application. He stated at Henry Barnard Elementary School they removed an early 1980 wood playscape which is no longer in compliance and an early 1990 monkey bar set where there was a history of some student injuries. The plan is to replace these with new playground equipment that will be located in the perimeter areas of the previous playground equipment. This is defined by the landscape timbers and the impact surface typically located under play equipment. This application is to change the equipment rather than changing the size or shape of the playground area. The material used will be a rubberized coated metal. The slides are a molded plastic rather than the former metal slides which represented a hazard because they heated up. Mr. Pongratz confirmed there are no ropes proposed.
Mr. Pongratz stated some of the current playground equipment being installed is wheel chair accessible and referred to as a boundless playground. Mr. Pongratz stated it is his intent to bring plans for the Nathan Hale Elementary School playground equipment to the Commission in August in order to address the inclusion programs for children with disabilities.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1326 for modification of plans previously approved for replacement of playground equipment on existing playground area at 27 Shaker Road next to Henry Barnard Elementary School. The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
b. PH#2442.02 – Application for modification of plans previously approved to relocate the arborvitae plantings and reduce their spacing to provide screening for an exhaust fan on the south side of the building that will have minimal use at 481 Enfield Street, zoned BG, Map 33, Lot 256, Lia Auto Group, Applicant/Owner.
Eric Forish, representing Lia Auto Group, appeared before the Commission regarding this application. He noted when this application was originally approved, they failed to show an exhaust fan at the southerly side located towards the Artioli dealership. They have installed a fan on the front corner of the building. That fan only turns on if there is a buildup of carbon monoxide in the building and it does not constantly run. To Mr. Forish’s knowledge, this would occur seldom if ever.
Mr. Forish stated they are requesting approval for the placement of the exhaust fan and to install arborvitae around that fan area to screen it from view.
Commissioner Egan stated he notices that there are hoses that connect to the exhaust when cars are being worked on. He questioned where this exhaust fan goes. Mr. Forish stated that goes out through the roof and has nothing to do with this fan.
Chairman DiPace stated he will not vote on this application tonight because only three sides of the building are shown on the plans. He sees a need for additional information. He would like to see the fourth side of the building, how far back the exhaust fan is located from the fence and in whose back yard it would go into. Chairman DiPace emphasized the previous neighborhood concern regarding this use.
Mr. Forish apologized for not submitting that elevation. He can have it available for the Commission’s next meeting.
Commissioner Duren stated on the east elevation is a motorized intake damper which he would assume is associated with this exhaust fan. His question for a response at the next meeting would be why they were placed in this location. He also wants to see some of the other distances and why the intake was not located up where they have located the exhaust.
Mr. Forish cited Sheet A-2 of the plans and noted the two revisions. One is an intake and not an exhaust. It is not a fan but a louver. Commissioner Duren asked why they aren’t reversed. Mr. Forish stated if you look at the west elevation, in the far right hand corner is a 48” side wall exhaust fan labeled. Commissioner Duren stated he has visited the site and he questioned why the exhaust fan could not be located on the east elevation. Mr. Forish will address this concern at the next meeting.
Commissioner Egan noted there is another fan on the south wall down towards the end. Mr. .Forish stated that could be an old, unused and abandoned fan. Chairman DiPace stated the Commission needs to know if that fan will stay there or be removed.
Commissioner Duren complimented Mr. Forish on the fence that has been installed. Mr. Forish stated in his opinion the entire property looks good and it has been a tremendous change to the area. Regarding the fencing, Mr. Forish stated the developer has done the fencing that he feels is necessary. If the neighbors would like to talk to the developer about additional fencing, he will talk to them but he is not planning to add additional fencing at this time. Chairman DiPace stated additional fencing could be made a condition of this approval.
This application was continued to July 7, 2005 pending receipt of plans for all four sides of the building.
BOND RELEASES
a. PH#2308 – Request for release of Engineering Bond in the amount of $73,600 (upon submittal of a 15% maintenance bond in the amount of $11,040) for Olde Post Road Acres on Post Road.
Commissioner Duren made a motion, seconded by Commissioner Cooper, to release the $73,600 landscaping bond as recommended in a memo from John Cabibbo to the Commission dated May 27, 2005 and with the submission of the appropriate maintenance bond of $11,040. The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
b. SPR#1225 – Request for release of Landscape Bond in the amount of $16,031 for Sterling Machine on 4 Peerless Way.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to release the bond for SPR#1225 in the amount of $16,031 for Sterling Machine as recommended in a memo from Neil Angus dated June 2, 2005. The motion was approved by a 7 – 0 – 0 vote with Alternate Sarno voting.
OTHER BUSINESS
Mr. Giner brought up the Ministries of Love and Hope located on Church Street. They have an emergency exit off their sanctuary. The Town has given them an easement and it is located on the property line. It was the Commission’s opinion that as long as it is approved by the Enfield Revitalization and Strategy Committee, Mr. Giner can handle this administratively.
Commissioner Sarno brought up the Hazard Avenue location where they are currently selling fireworks and the amount of large signs located on this property. There is also an outhouse on the property and she questioned if they received a permit for this. Mr. Giner stated the regulations allow temporary outdoor sales. Commissioner Sarno felt the present large signs are very distracting. Mr. Giner will check with the Zoning Enforcement Officer regarding this thirty-day permit and the signs allowed.
a. Applications to be Received
The following applications were accepted by the Planning and Zoning Commission:
PH#2453.03 – Application for modification of plans previously approved for modification to landscape plan for improved heli-stop safety at 100 Bright Meadow Boulevard, zoned BR, Map 35, Lot 220, Massachusetts Mutual Life Insurance Company, Applicant/Owner.
The Commission directed Mr. Giner to approve this modification administratively.
PH#2512 – Petition to amend the 4.30.6 Continuing Care Communities in the zoning ordinance, Scott J. Nielsen, Applicant.
A public hearing will be scheduled on July 21, 2005.
PH#2513 – Application for a Special Use Permit for construction of proposed Outback Steakhouse Restaurant within a Business Regional District at 90 Elm Street (Map 43, Lot 17), Eric Hartman, Applicant/Westfield Shoppingtown, Owner.
A public hearing will be scheduled for July 7, 2005.
PH#2514 – Application for a Special Use Permit for a beer license for Enfield Market on 138 Weymouth Road, zoned BL, Map 52, Lot 51, Bipin S. Patel, Applicant/Owner.
A public hearing will be scheduled for July 7, 2005.
PH#2516 – Application for a special use permit for construction of a 30,000 square foot medical office building with associated parking and drainage improvements at 855 Enfield Street and 5, 7, 9 and 11 Elm Street, zoned BL, Map 26, Lots 23, 24, 25, 26, 27 and a portion of 118, A&L Troiano Family LLC, Applicant/Owner.
A public hearing will be scheduled for July 7, 2005.
PH#2517 – Application for a special use permit for construction of a 42-unit senior residential development at Brainard and George Washington Road, zoned R-44, Map #62 and #77, Lot 319, 67 and 68, Washington Associates of Enfield, LLC, Applicant/Owner.
A public hearing will be scheduled for July 21, 2005.
SPR#1330 – Application for parking lot expansion – new stoned area (2 possible spaces) at 325 Hazard Avenue, Zoned HI/BL, Map 83, Theocles Properties Inc., Applicant/Owner.
The Commission directed that this application may be handled administratively by Mr. Giner pending adequacy of plans.
SPR#1331 – Application for modification of plans previously approved to pave a graveled parking area at the rear of Raffia Plaza, at 95 Raffia Road, zoned BL and BG, Map 67, Lot 424, Gary Raffia, Applicant/George Raffia and Sons, Inc., Owner.
This application will be on the July 21, 2005 agenda.
ADJOURNMENT
Commissioner Cooper made a motion, seconded by Commissioner Hickey, to adjourn. Following a unanimous vote, the Commission adjourned at 8:15 p.m.
Respectfully submitted,
_____________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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