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THESE MINUTES ARE PRESENTED IN DRAFT FORM AND HAVE NOT BEEN FORMALLY APPROVED BY
THE ENFIELD PLANNING AND ZONING COMMISSION
OFFICIAL COPIES OF MINUTES, WHEN APPROVED, CAN BE OBTAINED FROM THE TOWN CLERK OR PLANNING OFFICE.
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
JUNE 1, 2006
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, June 1, 2006 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman DiPace called the meeting to order at 7:30 p.m.
PRESENT: Anthony DiPace, Chairman
Elizabeth Ballard
Charles Duren
James Hickey, Jr.
Jason Jones
Karen Weseliza (arrived at 7:38 p.m.)
Charles Ladd, Alternate
Nicles Lefakis, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
MINUTES
Commissioner Cooper made a motion, seconded by Commissioner Ballard, to approve the Minutes of May 4, 2006. The Minutes were approved by a 6 – 0 – 1 vote. Commissioner Hickey abstained.
STAFF COMMENTS
a. Town Attorney (in writing)
b. Zoning Enforcement Officer (in writing)
Chairman DiPace requested that Mr. Giner check with the Zoning Enforcement Officer to make sure that the home occupations listed in this month’s report are for office uses only.
c. Director of Planning
Mr. Giner brought up dog kennel licenses. He reported Mr. Bickley drafted a letter which was approved by the Town Attorney and was to be sent to people who had kennel licenses informing them that the town does not allow commercial kennels in residential zones. The letter informed them they would have to come in and prove they were not a commercial kennel. Otherwise, there would be follow up on enforcement.
Mr. Giner stated there was recently a State Supreme Court case that upheld the zoning commission’s interpretation and ruled that more than four dogs were not considered an accessory use of residential property. Mr. Giner stated he had the Town Clerk supply him with a print out of the individual dog licenses. There were 2,397 licenses issued for one dog, 704 licenses issued for two dogs, 134 licenses issued for three dogs, 28 licenses issued for four dogs, 10 licenses for five dogs, 4 licenses for 6 dogs, 2 licenses for 7 dogs, and one license for eight dogs. Mr. Giner noted people can get kennel licenses and the problem with that is under the State Department of Agriculture, the Town Clerk must issue a kennel license to anyone that applies for it for up to twenty dogs. Chairman DiPace added provided they meet the zoning requirements. Mr. Giner read the definition of a kennel.
Chairman DiPace stated there are kennels in Enfield listed on the internet and they are located in residential neighborhoods. Mr. Giner stated a kennel license costs $51 for ten dogs and individual licenses would be $191. Another problem is if someone gets a kennel license, they do not have to show that the dogs have had the necessary immunizations. The enforcement is up to the state.
Chairman DiPace stated he read recently if someone is caught with a commercial kennel license without zoning approval, there is a fine issued by the state in the vicinity of $200. This should be listed in the State Statutes. Chairman DiPace suggested the Town Clerk notify applicants for kennel licenses that they also need zoning approval or would be subject to fines from the state. Mr. Giner stated the Planning Department has developed a notice to address this and to inform applicants of the need for zoning compliance. Further discussion followed.
Chairman DiPace suggested a discussion regarding dog kennels be put on the agenda for the June 15 meeting. At that time, Mr. Giner will show the Commission the studies that have been done and he will supply the Commission with a copy of the recent court case.
Mr. Giner reported the cement slab at the barn near the Senior Center has been removed.
Mr. Giner requested that the Commission add to tonight’s agenda an application for an unmerger of lots off Woodlawn because the Commission needs to approve an appraiser for this application. The public hearing is scheduled for the next meeting.
Commissioner Duren made a motion to add the selection of an appraiser for the unmerging of lots off Woodlawn to tonight’s agenda under Other Business, item d. Mr. Jones seconded the motion and it was approved unanimously.
Mr. Giner stated he emailed to the Commission the proposal regarding the removal of soil to be added to the town’s ordinance. Some discussion followed on the need for this in the ordinance and what other towns such as Windsor are doing to address soil removal.
PUBLIC PARTICIPATION
Frank Dubish, 42 O’Hear Avenue, asked about the status of 40 O’Hear Avenue. He stated he has been living at 42 O’Hear Avenue for well over thirty years. In 1995, 40 O’Hear Avenue began a landscaping and snowplowing business. He has been trying to deal with the town to see what can be done. After eleven years, they have gotten nowhere other than the town saying the use is legal. Mr. Dubish understands that he can have a home office but he is operating his equipment out of the residential area and he also has people that come to his home and take out trucks. Prior to 2002, you could drive down the street and look into the driveway of 42 O’Hear Avenue and trucks would be parked in the back. There are snowplows and box trailers. Mr. Dubish noted this lot is only 100’ x 250’. In 2002 the Town granted permission for the construction of a huge garage and the reason for the garage was to store the equipment. Mr. Dubish made an inquiry to the town and found out that on top of this garage there is now an apartment instead of the storage space requested. Mr. Dubish stated the town doesn’t seem to be doing anything about 42 O’Hear Avenue and he and his wife are tired of living next door to a business in a residential neighborhood. Mr. Dubish asked about the status of addressing what is occurring and he asked why they haven’t received any results after eleven years.
Mr. Giner stated he talked to the Zoning Enforcement Officer and 42 O’Hear Avenue does have a legitimate home occupation license to conduct landscaping. This allows storage of one commercial vehicle as long as it is under the legal limit. Mr. Giner once viewed more than one vehicle on the property, the owner was sent a letter and the vehicle was removed. Mr. Giner has sent the Zoning Enforcement Officer to the property and he was told that people were there working on the yard. Regarding the upstairs apartment, Mr. Giner stated this was an issue. He discussed the steps taken by the Building Department and the final ruling was you can have an in-law apartment as long as it is connected.
Mr. Giner stated he owes Mrs. Dubish a report about the status of the situation. He will get that out to her after he checks with the Building Department regarding the final inspection. Mr. Giner stated he will copy the Commission regarding any correspondence.
Mr. Giner responded to questions from Commissioner Duren about the vehicles on the property. Mr. Giner stated in his viewing of the property, he has not seen any additional vehicles other than the landscaping trailer and some old storage trailers that have been on the property for some time.
Mr. Dubish stated he has been making complaints about this property being developed since 1995. Prior to 2002 there were several trucks on the property. Between 1995 and when they gave him a permit to build the garage, the town chose to do nothing. Mr. Dubish stated it should not take over eleven years to get a business out of a neighborhood. Mrs. Dubish stated she has been contacting the town for three years. Mr. Giner stated he will report back to Mrs. Dubish in writing.
Chairman DiPace would like to see the year the complaints were made in writing regarding the trailers including aerial photographs. He would also like to see a list of all the complaints for 40 O’Hear Avenue from 1995 to the present for the next meeting or the first meeting in July to assist the Commission in addressing this issue. Chairman DiPace would also like the Commission to receive a list of all the uses permitted for home occupations. He asked that the Commission members review this list and remove those they do not feel are appropriate for residential neighborhoods. The Commission can then address home occupations in September and possibly eliminate some of the uses so as not to put this burden on residential neighborhoods. Chairman DiPace discussed existing home occupations that need to be removed from residential neighborhoods.
Mr. Dubish presented an aerial of 40 O’Hear Avenue for the Commission’s information. The resident has a total of five garages including a temporary garage. Chairman DiPace stated Mr. Dubish will receive a response regarding his request.
Mary Ann Turner, 7 Meadow Road, stated she is speaking on behalf of her husband who wants to thank the Commission members for coming out regarding the Pheasant Hill issue. Ms. Turner stated some items were removed from the twenty-five foot part of the buffer but there are still items that are out there. The growth has come in and Ms. Turner suggested this would be the perfect time to take photos of the area. Chairman DiPace asked that a town staff member be sent to Pheasant Hill to take photographs for the file.
Ms. Turner discussed the gentleman that has the stockade fence and how that transpired. She noted she personally still has a buffer. She wanted to let the Commission know that their efforts regarding Pheasant Hill made a difference to her husband. She added that some sheds are starting to go up. She saw a need to get this project finished and noted Pheasant Hill has a new president and they have changed their regulations.
Commissioner Ballard asked about the sheds and Mr. Giner stated they have applied for permits. Commissioner Jones’ understanding was that the sheds could not be installed until the Commission inspected the 25’ buffer area. Ms. Turner stated they were putting sheds up immediately. Mr. Giner stated part of the application for a shed involves a plot plan showing location. Chairman DiPace asked that Mr. Giner follow up on these shed permits.
Ms. Turner discussed previous events and the fact that the Pheasant Hill residents thought four gallon forsythias would be enough to replace the part of the buffer that had been removed. She asked that the Commission keep on top of this and get the photographs in a timely manner. She asked that some of the photos be taken from the Weymouth Road or Meadow Road side to get a proper perspective. Ms. Turner will obtain permission from homeowners if necessary.
Denise Duclos, 38 O’Hear Avenue, had some questions about the letter that was sent out this week where residents have to prove that they are not a commercial kennel. She asked how one goes about proving they are not commercial. Ms. Duclos stated the property owner next to her had two ads in the Reminder last summer selling puppies. She asked how they can prove they are not a commercial kennel. Chairman DiPace stated if they are selling, it is commercial. He saw a need to obtain a copy of the ad.
Following additional discussion, Chairman DiPace asked if a letter has gone out to the dog owner on O’Hear Avenue. Mr. Giner stated he believes so. He reviewed the draft on Tuesday and requested approval from the Town Attorney. There were approximately fifteen letters sent to kennel owners. Mr. Giner is reviewing the procedure for zoning approval by these kennel owners in order to have a legal procedure in place.
Ms. Duclos stated she still has an issue with a neighbor who has over thirteen dogs on a quarter of an acre of land and an issue with the dogs constantly getting loose. Mr. Giner stated the Commission will have a discussion at the next meeting to address this. He discussed events that occurred in Killingworth.
Ms. Duclos asked how long kennel owners have to renew their licenses. She also noted she has not had any additional problems with dogs getting loose next door to her because they have begun to install a fence.
William Blitz, Director of North Central Health, discussed other kennel situations and stated if there is a complaint about a property that is overrun with dog waste, with a phone call and a name and address, the town will respond.
CORRESPONDENCE
Chairman DiPace stated Correspondence includes a summary of zoning referrals from the Capitol Region Council of Governments, a letter from the Town of East Longmeadow, a copy of a letter to Jose Giner from Scott Kaupin regarding the helicopter operation for the July 4th celebration which is handled administratively, and the Inland Wetlands and Water Courses Notice of Action dated May 16, 2006.
COMMISSIONERS’ CORRESPONDENCE
Chairman DiPace reported receipt of several planning publications, information on a workshop entitled Hot Topics in Land Use Law and Practice scheduled for next week, a publication entitled Rebuilding Our Cities and Towns – Planning for the Redevelopment of Environmentally Impaired Properties from the Connecticut Conference of Municipalities and a publication entitled Connecticut Towns and Cities also from the Connecticut Conference of Municipalities.
Mr. Giner stated if Commission members want to attend any future workshops following receipt of information, they should contact his office. Chairman DiPace and Commissioner Jones were interested in receiving the magazine, the Future of Planning Development.
PUBLIC HEARINGS
a. PH#2553 – Special Use Permit and Site Plan Review for change of nonconforming use to construction and electrical contractor’s yard with site location for permanent storage areas at 167 South Road, zoned I-1, Map 55, Lot 81, Matthew Auchy, Applicant/Owner.
Chairman DiPace continued this hearing to June 15, 2006 pending receipt of the revised plans.
b. PH#2550 – Amendment to the Enfield Zoning Regulations, Section 12.20, Enforcement and Administration, to require as-built surveys for foundations before allowing framing to begin and to set requirements for such surveys, Staff Initiative. (no deadline)
Chairman DiPace continued this hearing to June 15, 2006.
b. PH#2554 – Application for a Special Use Permit for division of merged lots on the south side of Fairview Avenue, adjacent to the railroad, zoned R-33, Map 20, Lots 90, 344, 345, 346, Mark and Edward Spazzarini, Applicants/Robert F. Kelliher and Donald A. Fortin, Owners.
Commissioner Duren read a letter from James Ursery, J. R. Russo & Associates, requesting that this hearing be continued to the Commission’s next meeting. Mr. Ursery noted Mark and Edward Spazzarini are still working on obtaining information involving the removal of an underground storage tank that was located on the property. The applicants granted permission to extend the public hearing an additional thirty days.
Commissioner Duren made a motion, seconded by Commissioner Jones, to extend PH#2554 for thirty days. The motion was approved by a 7 – 0 – 0 vote. (Chairman DiPace requested that Mr. Giner check on the time limit. If it is 35 days, this hearing could be extended to the July 6, 2006 meeting.)
Chairman DiPace opened this public hearing to the audience. No one spoke in favor or against this application. Chairman DiPace continued this hearing to the June 15, 2006 meeting.
PUBLIC HEARINGS - NEW
a. PH#2556 – Special Use Permit to install a drive through for a coffee shop on existing pavement of parking lot at 155 Hazard Avenue, Unit #1, Zoned BL, Map 74, Lot 254, Korics Properties (AMF), LLC, Applicant/Owner. (Must close by 7/6)
Phil Tartsinis, 478 Thrall Avenue, Suffield, Connecticut, and Len Norton appeared before the Commission regarding this application to install a drive-through for a coffee shop on existing pavement of the parking lot at 155 Hazard Avenue. Mr. Tartsinis stated they presented a revised plan addressing previous concerns about traffic backup in the drive-through and alternative exits.
Mr. Tartsinis stated Mr. Norton prepared the plans and the turning radii and related items are all according to the regulations. With the second plan, they have addressed having an alternative exit if and when there would be a backup at the drive-through. They have duplicated the parking so that they have the same number of spaces. Mr. Tartsinis stated he is familiar with the building since he has been managing it for several years and it was his opinion the parking addition may not be necessary. However, they wanted to maintain the same number of spaces to address any parking concerns. There are seven parking spaces per thousand square feet which is the maximum.
Chairman DiPace asked what is to stop someone from making a sharp turn as they come out of the drive-through. Mr. Tartsinis stated they plan to eliminate the existing parking spaces in the area of the drive-through and duplicate them along the main driveway.
Mr. Tartsinis stated he spoke to Sergeant Santanella of the Traffic Division of the Enfield Police Department and he recommended they put some cross walks along the store fronts in case there are cars there. Mr. Tartsinis agreed to do so. He discussed another location he manages at 852 Sullivan Avenue, South Windsor, which is a 22,000 square foot Dunkin Donuts. This Enfield unit is 1,500 square feet and their intent is for the maximum use for a coffee shop. They do not have any signed agreement as yet and the use may be either a coffee shop or a bank.
Commissioner Ladd had a concern about access to Hazard Avenue and he noted the difficulty leaving this location during morning and evening hours. Mr. Tartsinis stated this parcel is three lots of a total ten-lot subdivision done in 1979. They all had bonds for a traffic light which is up to the state. They pushed to have a light at this location and to date the state has not agreed to a light. Further discussion on the accident history of the area followed. Commissioner Ladd asked if the Commission could formally request a light.
Mr. Tartsinis discussed Better Bagel which was a 2,700 square foot business. If the proposed use is a coffee shop, a 1,500 square foot business would be replacing a 2,700 square foot business. He acknowledged there is significant traffic in the area particularly from 5:00 p.m. on.
Mr. Tartsinis stated unit #3 was the previous computer store which is now vacant. He acknowledged that ever since Better Bagel closed, the plaza has been dead. He is trying to get a tenant to bring back the plaza.
Chairman DiPace noted the memo from Jose Giner dated June 1, 2006. Mr. Tartsinis stated he has not seen that or the memo from John Cabibbo. He asked for copies of both.
Chairman DiPace stated there are a couple of concerns from Engineering regarding the pavement meeting code. Mr. Giner stated the other concern from John Cabibbo was regarding traffic. His concern was about signing the back area.
Commissioner Ballard asked who would be locating in the plaza. Mr. Tartsinis stated they have been talking to two coffee shops, Dunkin Donuts and It’s A Grind, and two banks, CBT and New Alliance.
Mr. Giner stated there is a need for a map to be filed that would unify at least those two properties because presently the property is already over the limit for impervious coverage. By taking out green space and adding the new drive and parking spaces, that makes the area more nonconforming. By going from eighty-one percent to twenty percent, Mr. Giner stated there would be a need for a new map. Mr. Tartsinis stated they have marked on the new plan the property to be conveyed and they will do a quit claim deed combining the two parcels. He suggested the map be a condition of approval.
Mr. Giner stated the Town Engineer also wanted to see some drainage information. Mr. Tartsinis stated the proposed increase is approximately 8,000 square feet. Mr. Norton stated there are twelve parking spaces that are 9’ x 20’ and then a driveway. The impervious is already over. The ordinance allows 66% and now it is approximately 80%. Mr. Norton stated this is why they are going to combine the parcel to the rear and they will then be at 20%. They have pavement in two areas and they plan to connect the two areas. There are catch basins and they will grade the area to the catch basins. They do not plan to install any new drainage.
Mr. Tartsinis stated everything is existing and the capacities are already there. They plan to replicate the parking spaces they are losing. There would really be no difference from before to after. Another exit way has been added. Mr. Tartsinis stated when you have a commercial plaza and you don’t have an anchor tenant, the plaza suffers from the lack of traffic.
Some discussion followed regarding the drive-through proposed. Commissioner Cooper asked about the number of cars. Mr. Tartsinis stated twelve cars could be accommodated with three cars on the side. Commissioner Cooper stated if a Dunkin Donuts locates here, it could have many cars during peak periods. Mr. Tartsinis stated this would be three times the size of the Hazard Avenue Dunkin Donuts and two times the size of the Route 5 location.
Chairman DiPace questioned how many cars would it take for the coffee shop drive-through to back up to Hazard Avenue. Mr. Giner estimated about sixteen cars assuming twenty feet per car. Commissioner Jones saw a problem with the way the cars are exiting by having to cross the inflow. Mr. Tartsinis stated at least eight cars could be accommodated up to where it crosses with a stop sign and a bar there.
Mr. Norton discussed the new Dunkin Donuts just opened today on Route 140 and the stacking and queuing of the cars from the drive-through runs right in front of the front door. The result is you cannot get to that drive-through without driving where people are going to walk.
Commissioner Jones stated he has some reservations with this without knowing who the tenant is. Mr. Tartsinis stated Dunkin Donuts and It’s A Grind are both considering this location. He stated if you take the existing Dunkin Donuts presently located in Enfield, this drive-through would be minimally two or three times the size of those with a smaller operation. Further discussion on other Dunkin Donuts locations followed.
Mr. Tartsinis showed on the plans using twenty feet per car, where the cars would line up. Commissioner Jones stated his concern is when you have cars coming out, there is a problem and no stop sign is going to fix that. Mr. Giner stated you will have a queue of cars and a vehicle is trying to get out. Commissioner Jones noted once a car is served and wants to exit, they will have to wait until the next car gets served in order to exit the area.
Chairman DiPace suggested installing a pole and a sign indicating do not block drive aisles so that the cars coming out can get out. Mr. Tartsinis stated he would have no problem with the installation of such a sign to address peak hour concerns.
Some discussion followed regarding traffic patterns that will occur. Commissioner Duren noted the traffic will have to cut in at one point to go across. Mr. Tartsinis pointed out that with the first set of plans, the Traffic Safety Officer had an issue because people would be driving on the left side of the road. Officer Santanella is okay with the present traffic flow proposed.
Commissioners had questions regarding if pavement marking is proposed.
Mr. Norton stated his recommendation to Mr. Tartsinis was to include painted white arrows to direct people around the site. Chairman DiPace added the word “drive-through” should be included in the direction signs. Mr. Norton stated they can put two sets of arrows there, one for the drive-through.
Mr. Tartsinis stated whatever it takes to make the property function better is their goal.
In response to a question from Commissioner Ballard, Mr. Norton pointed out the access points to the building.
Commissioner Jones asked about the location of the proposed crosswalk. Mr. Tartsinis pointed out the area of the crosswalk on the plan. Mr. Norton would recommend coming right across from the handicapped area to cross. Commissioner members noted the crosswalk is to be installed on the south and west side.
Commissioner Weseliza asked if the proposed use is a bank, will they have an ATM and will there need to be two lines. Mr. Tartsinis stated the present application is for one lane and if they wanted to include another lane, they would have to come back before the Commission.
Chairman DiPace asked if there is a drive-through approved, would Mr. Tartsinis have to come back once he secures a tenant. Mr. Giner stated he would not. He has the parking set for the maximum use.
Chairman DiPace reviewed the Town Engineer’s comments as listed in his memo. Mr. Norton stated if the Commission references the Town Engineer’s memo, they will comply with it. Chairman DiPace stated the Town Engineer has additional comments regarding traffic safety and the town has a Traffic Safety Officer to address those concerns.
Mr. Tartsinis stated he doesn’t understand the comments about additional signage needed for the rear of the building. Mr. Giner stated that is included in his memo and it was a suggestion to let people know how to exit the site if they find themselves at the back of the building.
Commissioner Ballard had concerns about the proposed traffic flow for this use.
Chairman DiPace opened this hearing to the audience. No one spoke in favor or against this application.
Chairman DiPace requested that the applicant submit plans showing the drive through arrows and addressing the Town Engineer’s concerns.
Chairman DiPace stated the Traffic Safety Officer requested the crosswalks and those should be included on the plans. The three lanes marked should also be shown on the revised plans.
Chairman DiPace requested that the Town Engineer’s report dated May 30, 2006 be forwarded to the Town Council.
Mr. Tartsinis summarized the Commission would like to see do not block intersection signage and markings for the three lanes. Chairman DiPace stated the drive aisle where it comes in and where the drive-through is located should have two driveways coming in, one that comes in and shows two arrows going one way and the other drive marked “drive through” with perhaps a couple of arrows to get them to the window.
Chairman DiPace continued this public hearing to June 15, 2006.
b. PH#2442.03 – Application for modification of plans previously approved to install 3 each Connecticut Light and Power pole mounted lights on the street side of the property and to add display parking for the front of the property as shown on their sketch at 481 Enfield Street, zoned BG, Map 33, Lot 256, Lia Auto Group, Applicant/Owner.
Roger Bolduc and William Smithies representing Lia Auto Group appeared before the Commission regarding this application.
Mr. Bolduc stated what they would like to do is to change the layout of the lot in the front by changing the cars around so that they are facing out toward the road. There would be one row of parking. Mr. Smithies stated the way it is presently set up is facing Route 5 there’s about fifteen feet of grass frontage setting the parking back a little further and they have no front line there. The goal would be to have one row of cars up against the grass facing the road. They could probably locate a dozen cars in the front and two on each side. Mr. Bolduc stated the way the property is presently, it looks like it is still a supermarket because the lot is set back.
Mr. Bolduc stated another issue is the lights on the telephone poles. It is such a large green space in the front of the property that it is very dark when you go by there at night. The flood lights on the three telephone poles light up the front of the property. Chairman DiPace stated the telephone poles are not indicated on the plans submitted. Mr. Bolduc stated the other car lots on Route 5 go right up against the street and their lot is set back.
Chairman DiPace requested that the applicant tell the Commission where the telephone poles are located on the site. Mr. Smithies stated there are three telephone poles in the front and there will be three lights facing down on the front line. Mr. Bolduc stated the lights were installed already and removed because he was not aware that a permit was needed in this town. Commissioner Duren stated the installation of lighting is subject to approval to ensure that the neighbors are not disturbed by the lighting. He added there is also a concern about the security lights because of the brightness of those.
Mr. Giner stated the general conditions included that all site parking lights had to be turned off by 10:00 p.m. Commissioner Duren questioned if the lights in question are low wattage. Mr. Bolduc stated they are not. He stated the problem is they would have to change all the fixtures because they do not make a shield that fits those old lights. Commissioner Duren stated the original approval specified low wattage lighting and the lights should have been changed at that time.
Commissioner Duren read a letter to Mr. Giner from James McCarthy, 2 Dover Road, citing his personal concerns regarding the flood lights installed on the CL&P utility poles and the updated lighting on and around the Lia building. He noted general conditions 21 and 22 of the special permit were included as a safeguard to protect the abutting neighbors. Mr. McCarthy stressed that the lighting impacts the abutting neighbors. He asked that the Commission take into account the neighbors’ concerns.
Commissioner Duren stated if Mr. Bolduc received a copy of the conditions of approval, he would have known about the low wattage lighting and the conditions regarding the lighting. Commissioner Duren noted the Commission has had problems with Lia in other locations.
Mr. Bolduc stated the lights are the new floodlights and they just shine directly down. Commissioner Duren asked about other locations that have these lights. Mr. Bolduc stated Artioli’s has four flood lights. They are shining right down 40’ out and the shields are on top.
Mr. Giner stated the zoning regulations state you cannot have a bulb that is visible from any street or an adjoining property. The light source cannot be seen at all and all light should be directed on the site where the light originates. Mr. Giner stated he checked with the Police Department regarding whether there had been any security issues since Lia received their certificate of occupancy. They stated there was one alarm which was a general alarm they checked out and there were no complaints regarding vandalism at this Lia address.
Mr. Giner stated a lot of these lights are used as advertising so that when you drive by, you can see the dealership. Mr. Bolduc stated there is such a large green space existing in front of this property that they wanted to light the area because it is so dark in the front of the building. Regarding problems with theft, Mr. Bolduc stated after 10:00 p.m., it is pitch black in the area. He has had tailgates and stereos stolen and vandalism on the cars. Commissioner Weseliza asked if Lia has reported any of these thefts to the Police Department. Mr. Bolduc stated he has not because this occurs at all their lots and they have a large deductible on their insurance. Commissioner Duren asked about the purpose of the lighting. Mr. Bolduc stated it is for security purposes and also to light up the green space in front of the property. Commissioner Duren noted this building has a residential neighborhood across the street, on the side and in the back.
Chairman DiPace opened this hearing to the public.
Paul Von Eisengrein, 11 Colony Road, noted the large oversized lights recently installed at Lia Auto Group. They are not like Artioli’s. He felt the lights installed by Lia are a violation of the stipulated agreement which the Commission wrote when they received their special use permit. These lights were removed by CL&P when Lia was ordered to do so and sent a registered letter by Mr. Bickley. Lia has now decided to apply for this modification. Mr. Von Eisengrein stated to grant this would, in his opinion, be rewarding bad behavior. He added that since Lia was granted permission for this dealership, they have done very little that they had promised in their original meetings. The parking area lights are still on at 10:00 p.m. Mr. Von Eisengrein stated he works nights and leaves for work at 10:15 p.m. and every night those lights are on. He has taken pictures but they have not yet been developed. The wall units are not low wattage and there are still no shields on them. Regarding landscaping, while it is not a condition, landscaping was supposed to be done and none of that has been done. Recently they started doing something with a bucket loader. Mr. Von Eisengrein remembered Lia’s spokesperson stating that landscaping was important to the Lia image. If you visit the site now, it is just wood chips and everything left over from primary old growth. There is also a fence. Shortly after the fence was put up, someone in the neighborhood vandalized the fence with graffiti. The fence also blew down one day. Mr. Eisengrein stated Lia does not seem to want to be good neighbors but instead they want what they want. He noted the floodlights are pointed at the store front across the whole parking lot lighting up the entire back neighborhood. He added he did not feel their lights are similar to Artioli’s.
Chairman DiPace asked if the lighting at Artioli’s would be more acceptable lighting. Mr. Von Eisengrein was unsure of this and he noted that Artioli’s does not have nearly as much lighting as Lia does. Their lights are on a post, completely shielded around the top and very focused downward. The Lia lights were more the original lighting from the roller rink plus they added more lighting. At the meeting, they stated they were going to create two sets of six and now it has changed from what was originally described at the initial meeting.
Mr. Von Eisengrein confirmed to Commissioner Cooper that the lights at Lia were taken down.
Richard Leno, 9 Colony Road, stated he is up at night many times and the area is just like daylight. He noted the lights do not just shine down.
Mr. Bolduc responded to the concerns raised and stated in front of Artioli’s body shop right next to their property, the flood lights are the same size flood lights as they use. They are also on a lot later than Lia’s are on. Mr. Bolduc stated he contacted Connecticut Light and Power and they informed him he would not have a problem with these three lights because they are going to shine down.
Chairman DiPace stated he has visited this neighborhood twice and he finds it quite disturbing that the neighbors complain about the two businesses out front while they have blatant violators in their own back yards. They have a guy running a body shop painting unregistered cars in the street. On Dover Road, there is an unregistered vehicle that is completely modified and sitting out in the street with only half a body on it and the owner is painting cars out of a residential home. No one has complained about this.
Chairman DiPace stated there is a concern regarding lighting in the neighborhood and asked if there is something that can be done to lower the light wattage on the building. He felt the neighbors do have the right to sleep at night and the lights should not be that bright. There is also a safety concern. Chairman DiPace felt there has to be a happy medium that can be reached between the neighbors and Lia that works for everybody.
Some discussion followed on the possibilities regarding lighting. Chairman DiPace discussed the lighting at his business which has not caused any neighborhood complaints. Commissioner Duren discussed sky glow.
Commissioner Weseliza asked if the lights are on past 10:00 p.m. Mr. Bolduc stated they shouldn’t be on past 10:00 p.m.
Chairman DiPace asked if the lights being discussed out front would be for display or night time security or both. Mr. Bolduc stated both display and night time. Chairman DiPace did not think it would be rewarding bad behavior for the Commission to try to find a happy medium to allow business and residential to co-exist. This building has been in the neighborhood for quite some time and the original use was a department store and a grocery store. Mr. Bolduc stated it is the same lighting that was there before and they only added one row of lighting.
Chairman DiPace asked if Lia would be willing to put something up regarding lighting for a period of thirty days so that the Commission and the neighbors could see how the lighting works. If it works out and both the Commission and the neighbors are happy, the Commission could then vote to do something. If the lights are not acceptable, they would need to be adjusted so that they do not shine at the neighbors by replacing the bulb or light fixture to lower the lighting so it is less intrusive. Further discussion followed.
Commissioner Duren asked Mr. Giner if he knows of any lighting experts that could assist in coming to a resolution of this.
Mr. Bolduc stated he really wants to have the lights shine down on their property. Connecticut Light and Power assured him that the lights would only spread out forty feet from the telephone poles but that does not seem to be the case. As far as the fence goes, Mr. Bolduc stated he will remove the graffiti on the neighborhood side of the fence. The kids in the neighborhood did the graffiti and vandalized the fence. As far as the landscaping, Mr. Bolduc stated there has been two weeks straight of rain. There is one landscaper for all the Lia stores and the landscaping at this site will be addressed.
Chairman DiPace discussed the graffiti and stated the same thing was done to several businesses in the area.
Mr. Smithies stated his choice would have been arborvitae rather than a fence.
Commissioner Weseliza requested that when their site is vandalized that they notify the Police in order to give the Commission a record of what is occurring on the lot. Further discussion on police monitoring of the area followed.
Chairman DiPace asked Mr. Giner if the lighting could be installed for thirty days on a trial basis. Chairman DiPace stated he does not have a problem with the parking of cars in the front as has been allowed for other dealerships. He saw a need for the Commission to try to address the lighting to accommodate both the business and the residents.
Commissioner Duren suggested Lia could light their property without using pole lights by adding more lights on shorter poles with box fixtures. Further discussion of this proposal followed. Mr. Bolduc stated the lights were designed to go forty feet out. The problem with the lights located on the telephone poles is that Lia had to sign a one year lease with Connecticut Light and Power. They would have to bring the light fixtures to the Commission to show them.
Mr. Giner confirmed that Connecticut Light and Power will not let you put up lights for thirty days only for a test. Mr. Giner also discussed other lighting in town where the lighting was installed and not shielded.
Mr. Giner stated he will contact Connecticut Light and Power regarding options for the lighting. Chairman DiPace stated he would like to see what effect the lighting has, how it will look, where it will shine and that it not impact the residential homes. His intent is that the lighting not extend beyond the fence. Mr. Giner stated he will inform the Commission if he can get a demo going for the lighting.
Mr. Bolduc stated one line of cars is proposed for the front of the property and this would not be taking any of the green space away. In counting the cars, the Commission determined from the map submitted the intent is to park 23 cars in this area. Chairman DiPace stated the line of cars would result in striping on the existing pavement with no change to the pavement configuration.
Mr. Giner suggested the applicant submit a larger scale map and submit it with sufficient copies for the Commission.
Mr. Smithies stated under the 50’ wide overhang they also wanted to angle some cars. Mr. Bolduc stated the intent is to locate cars under that overhang to keep them out of the weather. Chairman DiPace did not see a problem with changing the parking layout to include parking seven cars under the overhang. Mr. Giner requested that the applicant mark up a larger plan showing everything they want to do for the Fire Marshal’s information.
Mr. Giner stated he will contact CL&P and check on the lighting. The consensus of the Commission was the parking of cars in the front was not a problem.
Chairman DiPace continued this hearing to June 15, 2006.
The Commission recessed at 10:00 p.m. and reconvened at 10:10 p.m.
OLD BUSINESS
a. SPR#1365 – Application for a change in use from bar and restaurant (T’Ville Tavern) on first floor to provide for other uses (a community health education and prevention program, a library and office space for the health education, and for the resurrection of the clinic that existed for a time in their previous Pearl Street location) at 31 North Main Street, zoned TV, Map 27, Lot 115, North Central District Health Department, Applicant/Owner.
Commissioner Ballard did not participate in this application. Commissioner Ladd was the voting alternate in her place.
Bill Blitz appeared before the Commission regarding this application. He stated they have a new roof on the building and the handicap ramp has been installed. The bar and restaurant will be leaving on June 30, 2006. They have talked to the women’s and children’s program out of Vernon and they are presently located in the LaMagna Center. Dan Vindigni has asked that this use be moved to the North Central Health building because the space is needed at the LaMagna Center. They come four days a month during the day. They will locate on the main floor of this building if the Commission agrees. They will also have a clinic to assist people particularly those without insurance.
Mr. Blitz stated they have been in contact with a community health center that is willing to locate here. The entire right side of the building would be given to the clinic. Their concern is that they are going to have so much business that they are going to need larger quarters quickly. The intent is to begin at this location and bring it back to what it was. The other side of the building on the main floor will have the library and health educator’s office. The kitchen is proposed to be dismantled and that area will be used for health education and prevention programs like the active exercise program, the nutrition program and a smoking cessation program.
Mr. Blitz stated one of the bathrooms will be made handicapped accessible. They intend to add an interior staircase in the building and close the outside staircase. The yellow color of the building will be changed to a sand color to match the stone of the building. They have 42 parking spaces and require approximately twenty-five spaces. What is presently occurring on the site is vehicles are short cutting from Lincoln Street. They intend to install islands to allow pedestrians to continue to use the area for bicycles but prohibit the cars from coming through the area. Mr. Blitz discussed the neighborhood.
Mr. Blitz summarized they are requesting a community and public health use for the first floor.
Mr. Blitz stated they have talked to the Fire Marshal who has informed them that they have to have at least the opposite location doors for emergency access. They plan to leave the right door and remove the left door and are considering taking out the other staircase in the rear of the building.
Mr. Blitz stated they have been before the Enfield Revitalization and Strategy Committee. They have had a lot of problems with this building already including insulating the attic, replacing broken sprinkler pipes, air conditioning condensers and related items. The outside fence is rotting and they have taken the good parts of the fence and installed them on the curb of the street by Lincoln. They would like to put planting areas in and some other kind of fence. Enfield Revitalization informed him that Mr. Alsbaugh would assist them in selecting an appropriate fence.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to waive the submittal of an A-2 survey along with the associated topographical information for SPR#1365. The motion was approved by a 7 – 0 – 0 vote.
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve SPR#1365 with the following conditions:
Conditions to be met prior to signing of plans:
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