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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

MIUTES OF A REGULAR MEETING

JUNE 15, 2006

 

A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, June 15, 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

                        Anthony DiPace

                        Kathleen Sarno, Alternate

                        Charles Ladd, Alternate

 

ALSO PRESENT:   Jose Giner, Director of Planning

 

MINUTES

 

Commissioner Jones made a motion, seconded by Commissioner Hickey, to approve the Minutes of May 18, 2006.   Commissioner Sarno amended the Minutes on page one as follows:  It should be noted that Commissioner Sarno made comments regarding Mr. Tyler’s application which makes it sound like he needs to revise everything when, in fact, she meant that he doesn’t need to reinvent the wheel and should just be able to pick up where he left off with his application and revise what needs to be revised regarding the plans.  For the record, Commissioner Sarno would like it clarified that a complete new application would not be necessary for this applicant.  Mr. Giner stated correspondence was received from Attorney Tyler regarding the Minutes.  Commissioner Hickey stated this was an informal discussion.  Chairman DiPace felt the record should reflect the discussion accurately.  Commissioner Duren stated he mentioned that Laurie Whitten was the Assistant Planner at the time and this information should be added.  Commissioner Sarno stated the Commission discussed waiving the fees.  Mr. Giner stated this is possible without Town Council approval. 

 

Chairman DiPace asked if the mylars are available for the Tyler application.  Mr. Giner will check on this.

 

Chairman DiPace requested that the Minutes be tabled until all corrections are made and action taken at the next meeting.

 

CORRESPONDENCE

 

Chairman DiPace stated Mr. Giner’s assistant recalls that the mylars were signed but never picked up for filing.  He asked where these mylars would be at this time.  Mr. Giner stated he will check on this.

 

Chairman DiPace requested that Mr. Giner research the regulations to see if anything has changed since the first application was submitted by Mr. Mokrycki. 

 

Chairman DiPace reported receipt of a letter to Mr. Giner from Susan Dubish, 42 O’Hear Avenue regarding 40 O’Hear Avenue. 

 

COMMISSIONERS’ CORRESPONDENCE

 

Commissioner Duren reported receipt of a letter of withdrawal addressed to Mr. Giner withdrawing the application for a proposed zone change associated with 281 State Street, Enfield, from Eric Riddle, 13 Broadview Road, Brookfield, Connecticut. 

 

Commissioner Hickey made a motion, seconded by Commissioner Ballard, to accept the withdrawal of the application for a change of zone associated with 281 State Street without prejudice.  The motion was approved by a 7 – 0 – 0 vote.

 

Chairman DiPace noted receipt of the letter from Tyler and Tyler regarding the latest Commission Minutes.  Also received was information from the Connecticut Conference of Municipalities, and a newsletter from the Connecticut Federation of Planning and Zoning Agencies.  Also received was information on Connecticut tourism and the American Planning Magazine.

 

8-24 Referral by Acting Town Manager

 

Chairman DiPace stated the town has been contacted regarding accepting two parcels of land on Indian Run and Sharp Street.  Commissioner Duren made a motion, seconded by Commissioner Jones, to recommend approval of these parcels.  The motion was approved by a 7 – 0 – 0 vote.

 

Chairman DiPace presented an article in the Hartford Courant on Sunday, May 14, 2006, regarding ideas for dressing up town centers. 

 

PUBLIC HEARINGS – (Continued from June 1, 2006 Meeting)

 

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 stated staff received a four-page copy of the soil scientist’s report with a page missing.  The report indicates the possibility of wetlands soils and that Inland Wetland approval is necessary.  Commissioner Duren stated there are still problems unresolved by the Health District. 

 

Mr. Giner stated this public hearing has been extended once already but it can be extended again.  The original hearing began April 20, 2006.

 

The applicants, Pete Orlach and Michael Mistrouski, appeared before the Commission.  They stated regarding the wetlands issue, they have not been notified as to needing Inland Wetlands approval. 

 

Commissioner Hickey recused himself from this application.  Alternates Sarno and Ladd will be participating.

 

Mr. Orlach stated the copy presented to him stated there were no wetlands concerns.  There was a conclusion page missing from the soil scientist’s report and that was later forwarded to the Commission.

 

Commissioner Duren stated John Cabibbo’s memo stated additional information was necessary. 

 

Mr. Giner stated the Commission can close the hearing tonight pending a wetlands review.  Chairman DiPace stated according to the report received on this application on May 24, if any infringement occurs beyond a certain point, a permit should be filed with the Inland Wetlands Commission.

 

Following some discussion, the applicants stated they were never informed of the ART meeting scheduled. 

 

Chairman DiPace stated going back to the April 12, 2006 ART report, Chairman DiPace saw a notation to verify there are wetland soils.  Mr. Orlach stated Mr. Angus requested that they go further and determine if there are wetlands on the adjoining property or Mr. Bosco’s property. 

 

Mr. Giner presented information showing where the trailers would be located and information which states the soils may be wetland soils. 

 

Chairman DiPace stated the Commission can close the hearing tonight and have 65 days to act on it.  The Wetlands Commission would have to act first and the Commission would then rule.  Mr. Giner stated a thirty-five day extension is allowed to allow the Wetlands Commission to act.

 

Mr. Giner stated the applicants are requesting a waiver.  Mr. Orlach stated they are before the Commission tonight because the existing site was owned by M&N Construction since 1997.  Apparently, they never applied for a special use permit to allow construction in this area.  The Building Department has determined their use is the same use as was presently on the property.  They are requesting permanent storage in front of the building because they don’t have any back property.  They are having drawings done and will be going for a building expansion to expand the front of the building by 16’ and on the side.  There will be issues with the Health Department.  Mr. Orlach has talked to John Cabibbo regarding if there would be paving.  This application is to allow the special permit to make the use legal. 

 

Chairman DiPace stated if today’s application doesn’t go through, there is no future.  Mr. Orlach stated regarding the Wetlands, they will do what they have to do.  Chairman DiPace asked if this area was located near an aquifer and Mr. Giner did not believe it is.

 

Commissioner Duren stated the Fire Marshal had a concern about the rolling gate and the storage containers.  Also, that the parking area gate appears to be 10’ wide and there was a concern that the fire apparatus would not fit.  Mr. Giner stated the Fire Marshall was present at the ART and felt all the concerns had been addressed but no memo has been received.

 

Chairman DiPace stated the hearing can be closed pending a decision from Wetlands.  If they find a hearing is required, this could drag on and affect the P&Z application.  Mr. Giner stated the hearing cannot be extended beyond the next meeting.  Mr. Orlach stated they will appear before Wetlands. 

 

Chairman DiPace opened this hearing to the public.  No one spoke in favor or against the application.  Chairman DiPace closed this hearing.

 

Chairman DiPace requested the necessary staff reports and that the Commission be informed regarding the application’s status before Wetlands.

 

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. 

 

The Commission took no action on this application.

 

c.      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 Hickey made a motion, seconded by Commissioner Sarno, to extend PH#2554 until July 6, 2006 as requested in the letter dated June 14, 2006 from J. R. Russo.  The motion was approved by a 7 – 0 – 0 vote with Alternates Sarno and Ladd voting.

 

d.     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, Korics Properties (AMF), LLC, Applicant/Owner. 

 

Phil Tartsinis, 478 Thrall Avenue, Suffield, reviewed a couple of issues North Central had regarding some details to the plans.  Mr. Tartsinis met with Officer Santanella at the site and they made some additional changes and addressed all the issues regarding traffic concerns.  They are adding an additional stop sign for the people leaving the drive through to stop in case there is an oncoming car.  They have also labeled the first four spaces as employee parking so that they are aware there is a drive through there.  They have added a stripe delineating the middle of the driveway in case someone was driving on the opposite side of the road.  They have put details of that on the plans.  They have also provided Engineering with a copy of the drainage calculations. 

 

Mr.  Tartsinis stated the Commission wanted them to add an additional grassed area just to delineate the drive through more.  He pointed out the stop sign that was added so that as cars come around they would stop there.  There are also cross walks installed per Officer Santanella. 

 

Mr. Giner stated Officer Santanella’s comments were received today.  Mr. Giner stated the three properties are going to be merged.  This was a concern of Mr. Cabibbo.  One of the conditions included is that the properties be merged at the time the mylars are filed.

 

Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve PH#2556 with the thirteen conditions as outlined in a memo from Jose Giner to the Commission dated June 14, 2006.

 

Commissioner Hickey stated he is a former patron of the former bagel restaurant.  He thinks the configuration does permit a drive-through to operate in such a way that it would not affect the public health, welfare and safety.

 

The motion was approved by a 7 – 0 – 0 vote.

 

e. PH#2442.03 – Application for modification of plans previously approved to install three 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, the Manager of Lia Used Cars, appeared before the Commission regarding this application.

 

Mr. Bolduc stated at the last hearing he discussed the three flood lights on the telephone poles from CL&P.  Those lights were 400 watts.  Mr. Bolduc asked the Commission to reduce the wattage down to 250 watts.  His purpose is he is only looking to light up the green space in the front of the property and their front line.  He is not looking to upset the neighbors.  If there is an issue with the lighting, Mr. Bolduc stated he can call the company back up and adjust the lighting and bring them down even more.  The lights can be adjusted down and they have shields.  They can also be turned around or turned down. 

 

Commissioner Jones stated he visited the site.  He was looking at the ones on the corner pole by Artioli Dodge and stated it is very easy to adjust them.  He believes Artioli had the lower wattage and this would be suitable and would not upset any neighbors with the amount of lighting.

 

Commissioner Duren stated he was reading Mr. Giner’s memo dated today.  Chairman DiPace stated Mr. Giner is informing the Commission that since the last meeting, he spoke to Tom Ludwick with CL&P about the temporary replacement of low wattage flood lights to see what if any effect this may have.  He stated that CL&P would not be able to do that.  They do have standard fourteen-year leases and they already allowed removal of previous lights that were ordered for locations because the town informed Lia of the violations.  He also stated there were 250 watt flood lamps available in addition to the 400 watt ones but they doubted that the 250 watt lamps would accomplish what Mr. Bolduc is looking to do.  Commissioner Duren stated he recommended that Lia put up their own lights and that is what Commissioner Duren would like to see in order to control direction and timing. 

 

Mr. Bolduc stated he believes that you can sign a one-year lease with CL&P and he did not believe Mr. Lia would ever sign a fourteen-year lease.  Further discussion followed regarding the lighting.

 

Chairman DiPace opened this hearing to the public.

 

Paul Von Eisengrein, 11 Colony Road, stated he understands the concerns with security.  One of the questions that comes up constantly is the lighting is supposed to be off at 10:00 p.m.  If these are being put up for security, Mr. Von Eisengrein asked if they are going to be on all night.  They are down to just one bank of lights being lit up there after 10:00 p.m.  If these lights are approved, is the stipulation agreement going to be followed?  The most recent event was the other night when Mr. Von Eisengrein left for work.  There was a truck unloading cars after 10:00 p.m.  According to the agreement, loading and unloading is supposed to be done only during business hours.  There was someone to meet the truck and sign for the items.  If this is approved, Mr. Von Eisengrein asked if the stipulated agreement is going to be followed.  Chairman DiPace confirmed that deliveries are supposed to occur prior to 10:00 p.m. and that will not change.  Mr. Von Eisengrein stated it seems like things are not being followed as agreed upon.  Chairman DiPace stated the lights went up illegally and they were not done correctly.  They were cited by the Zoning Enforcement Officer and taken down.  

 

Mr. Von Eisengrein stated they are chipping at all the other items that were agreed to such as the wall packs.  It has been a year.  He can understand things take time but it’s been a year and some of these things need to get followed.  He stated the lights coming down have helped tremendously.

 

Chairman DiPace stated if they put two lights out by the street, it will be dark before you get even close to the front of their building.  Mr. Von Eisengrein stated there seems to be an arrogance on Lia’s part toward the neighborhood.  There is a stipulated agreement with certain conditions that were to be met and a lot of this stuff never got done.  He is guessing that it was more Mr. Bickley’s letter than Lia’s part that said the lights have to be taken down.  He elaborated further on his concerns.

 

Chairman DiPace stated he has driven by this site several times over the last month and has seen the lighting after 10:00 p.m.  He felt it is much better than what was there before and much cleaner.  He acknowledged that the landscaping does require some attention. 

 

Chairman DiPace stated he doesn’t think anybody has any problems regarding the front line facing out.  The Commission is debating how to allow some lighting to secure and protect their premises and also respect the rights of the neighbors.  Some discussion followed regarding the lights to be used. 

 

Robert LaFlame, 4 Woodlawn Avenue, stated he is across the street from this use.  Everyone is well aware of the light pollution issues going on today and the new rules requiring shoe box lights have gone a long way.  Mr. LaFlame agreed that some good use has been made of the property.  The houses across the street are on a downward slope toward the river and Mr. LaFlame’s house is the first one.  It is a different situation because the second floor is almost at street level.  Throughout this with the lighting going up and down, he has seen the difference of how much lighting he gets in the house on the second floor at night.  He applauded the fact that they want to reduce the wattage but he wants to also make sure that everything is properly shielded and keeping the light on the property and not on the neighbors. 

 

Chairman DiPace asked if Mr. Bolduc wanted to address any of the concerns.  Mr. Bolduc assured the Commission the concerns will be handled.  They will be addressing the security lights on the building and there will be new lights of lower wattage with new shields on the building.  Chairman DiPace asked if the work will be accomplished before the summer is over.  Mr. Bolduc stated that is his intent.

 

Mr. Giner stated his memo does not address the lower wattage of the lights.  He suggested the Commission may want to approve the lower wattage lights and change the first condition to so reflect. 

 

Commissioner Duren stated he would prefer to have them come in with lighting designed by a lighting engineer showing that the light isn’t going up into the sky.  He would rather see Lia control what can be done afterwards and not CL&P.  Chairman DiPace stated the original plan had a lighting plan.  Commissioner Duren stated the poles were not changed and if they had their own lighting engineer, they can get what they want with lighting that they are controlling and it would be in one package.  Mr. Bolduc asked how they could light up the green space from that angle.  Chairman DiPace noted that Artioli’s made changes three or four times before it came to a point where everyone was satisfied. 

 

Commissioner Duren stated he would rather see the lighting done by a professional engineer than hit or miss by CL&P.  Further discussion on lighting followed.

 

Chairman DiPace saw a need to condition this application as was done at Artioli’s.  Further discussion followed regarding the specifics of the lighting.

 

Commissioner Hickey made a motion, seconded by Commissioner Jones, to approve PH#2442.03 for Lia Auto Group with the eight conditions proposed by Mr. Giner in a memo dated June 15, 2006.  Condition #1 is modified to state that the approval is to allow the display parking of automobiles in the front along with the illumination of the display area by three lights located in the state right of way.  Such illumination shall be limited to 250 watts and only to the green front line from the CL&P posts.  Condition #8 was added which states that the new lights shall be designed to deflect light from the adjacent residential property in the event the Commission determines that they need to be adjusted.  Mr. Giner stated all the conditions of the original approval would remain in effect.  The motion was approved by a 6 – 0 – 1 vote.  Commissioner Duren voted nay.   

 

PUBLIC HEARINGS – NEW

 

a.     PH#2557 – Application for a special use permit to unmerge lots #14 and #16 according to 3.20.2 of the Enfield Regulations at 29 Woodlawn Avenue, zoned R-33, Map 33, Lot #148, Richard Leno, Applicant/Owner.

 

b.     PH#2558 – Application for a three-lot subdivision at 29 Woodlawn Avenue, zoned R-33, Map 33, Lot 148, Richard Leno, Applicant/Owner.  (Must close by 7/20)

 

Chairman DiPace noted Alternates Sarno and Ladd will be participating on this application.

 

Richard Leno, 68 Eagle Brook Drive, Somers, appeared before the Commission regarding this application.  He proposes to unmerge two lots and build two new homes on Woodlawn Avenue.  There are no wetlands on this site. 

 

Commissioner Duren stated it wasn’t until PH#2558 that he saw that Mr. Leno was the owner of record. 

 

Chairman DiPace had a question regarding lots of record.  There are different ways that they get merged and one way is by common ownership.  There are other ways where the use actually gets merged as in this case where there is an existing garage on one of the lots and a house on the other lot.  There was a time when you merged a lot like that, you could not separate it.  The garage is for the existing house.  Mr. Giner stated you can’t have an accessory building be a principal building on a lot.  As long as the garage is being removed, that does not occur.  Chairman DiPace stated there used to be a time when you could not do that.  Mr. Giner stated the language has remained the same during his tenure.  Further discussion followed.  Chairman DiPace recommended a workshop in the future to discuss merging and unmerging of lots.

 

Mr. Leno stated he has built such homes in the area for the past fifteen years.  He noted there is a great demand for entry level homes.  Chairman DiPace stated the demand is not the concern.  The concern is these are lots of record and you should be able to subdivide them. 

 

Chairman DiPace opened this hearing to the audience. 

 

Robert LaFlamme, 4 Woodlawn Avenue, spoke in favor of this application.  He noted Woodlawn Avenue is a narrow street and there is at least one home that does not have off-street parking.  With the snow removal, it usually leaves the street sixteen feet narrower than it is and it becomes a problem.  Chairman DiPace noted the homes have driveways. 

 

Commissioner Duren asked if Mr. Giner checked with the Fire Marshall and Water Pollution.  Mr. Giner stated he did talk to the Fire Marshall and he sent an email stating he reviewed the plans and had no issues at this time.  Commissioner Duren stated he had said a hydrant might be required.  If the applicant is forced to put in a hydrant, Commissioner Duren felt he ought to know about it.  Mr. Giner stated he has not heard about this from the Fire Marshall.

 

Chairman DiPace read a memo from the Conservation Commission stating they would like to see a fee in lieu of open space on Woodlawn.       

 

Commissioner Hickey made a motion, seconded by Commissioner Duren, to approve PH#2557 with the 21 conditions as outlined in a memo from Jose Giner to the Commission dated June 15, 2006.  (Commissioner Hickey originally included both applications PH#2557 and #2558 together and then amended the motion, seconded by Commissioner Duren, to consider the two applications separately.  The amendment was approved by a 7 – 0 – 0 vote.)

 

Commissioner Hickey made a motion, seconded by Commissioner Jones, to approve PH#2558 with the 23 conditions included in a memo from Jose Giner to the Commission dated June 15, 2006.

 

Commissioner Duren made a motion, seconded by Commissioner Sarno, to waive the fees for the lot the house occupies in PH#2558 (a $150 reduction).  The motion was approved by a 7 – 0 – 0 vote.

 

Commissioner Duren made a motion, seconded by Commissioner Jones, to accept the fee in lieu of open space of $1,667 per lot for PH#2558.  The motion was approved by a 7 – 0 – 0 vote.

 

The main motion was approved by a 7 – 0 – 0 vote.

 

Commissioner Hickey made a motion, seconded by Commissioner Duren, for a recess.  Following a unanimous vote, the Commission recessed at 9:20 p.m.  The Commission reconvened at 9:35 p.m.

 

Mr. Giner stated the fee anticipated meant no monies had to be returned. 

 

b.     PH#2559 – Application for a special use permit to hold a weekly cruise night (weather permitting) at 111 Hazard Avenue on a weekly basis – hours will be 6-9 p.m. (approx.) to October, zoned BP, Map 65, Lot 67, Country Diner, Applicant/Colli Management LLC, Owner.  (Must close by 7/20).

 

Joe Ravelies, 151 Crystal Lake Road, Ellington, owner of the Country Diner, stated they are looking to hold a weekly cruise night from May to approximately Halloween at 111 Hazard Avenue.   He did have a detailed plan to submit but was involved in an accident today on Hazard Avenue and he apologized for the small make shift map.  He presented the drawing to the Commission.   Also noted by Commissioner Duren was the submittal of a note from George Colli dated May 15, 2006 who is the property owner. 

 

Chairman DiPace opened this hearing to the public.  No one spoke in favor or against the applicant.

     

Commissioner Duren made a motion, seconded by Commissioner Ballard, to approve PH#2559 with the seven conditions as outlined in the memo from Jose Giner to the Commission dated June 14, 2006 and condition #8. to extend the cruise nights and permit a weekly cruise night from May to October.  The motion was approved by a 7 – 0 – 0 vote with Alternates Ladd and Sarno voting.

 

Chairman DiPace noted that this applicant would be allowed to have a dj outside.

 

d.     PH#2562 – Application for a modification of PH#2393 for facade modifications to former Media Play space at 130 Elm Street (Stateline Plaza), zoned BR, Map 57, Lot 329, Circuit City Stores, Inc., Applicant/Galileo Freshwater/Stateline LLC, Owners.  (Must close by 7/20)

 

Attorney Susan Hayes appeared before the Commission regarding this application.  Mr. Giner stated this applicant has submitted a sign application concurrent with this application which is allowed. 

 

Attorney Hayes stated she had to go on the internet and get the formula for how to figure out the area of a circle.  She has a couple of administrative items including the sign affidavit and the owner’s consent.  Also present is Art Schniedermeyer.

 

Attorney Hayes provided the Commission with a colored rendering and stated they are here seeking a facade modification, some minor site modifications and the sign approval for Circuit City to go into the Media Play area.  What they are intending to do is have Circuit City use a good portion of the space but not all of it.  There will still be about 13,000 square feet left over.  They are seeking tenants for that area.  The new work that will be done is the square on the facade will be made a little bit longer and wider and the columns will be a little wider also.  The sides of the building will all be painted.  The Circuit City sign will be located on the front and it will be internally illuminated.  There is also a sign in the back of the building where the cars will go in for installation services. 

 

Attorney Hayes stated there will be a garage entrance in the back for installation services and they are also showing some directional signs which they would like to have which will direct people.  Attorney Hayes pointed out the area that is one way.  They will have four park corrals in the front and they will lose four parking spaces but they are well over the number of required parking spaces.  The four spaces indicated are for a program they have where you can order on line and your order will be ready in twenty-four minutes. 

 

Attorney Hays stated she understands the regulations have been modified at the beginning of April with respect to storage trailers and construction trailers and there have been some questions about interpretation.  Now it is interpreted that construction trailers are under that and need to be approved at the site plan time.  Mr. Giner stated a regular construction office is always allowed.  Storage trailers should be shown with the time of use indicated. 

 

Attorney Hays stated they intend to have a construction staging area as indicated on the plans.  They are hopeful to be able to use some of the excess space for the storage of materials.  The issue is if the owner finds a tenant then that material will have to be moved out.   The staging area is proposed for the back area where the overflow parking is located and the most they would have is a construction office trailer and two other construction trailers.   The construction would be about 120 days. 

 

Chairman DiPace stated in the front he noticed a very narrow sidewalk area.  He asked if they would be obstructing the traffic at the first driveway.  Mr. Schniedermeyer stated they probably won’t be into the drive aisle and will not be taking up a lot of room.  Attorney Hays stated there are some limitations that Home Depot has and it is limited as to what can go on out in front.  If there were to be an issue there, they would probably arrange the traffic so that it would go differently.  

 

Commissioner Hickey asked about the 13,000 square feet that will be marketed and what will the facade look like when it is marketed.  Attorney Hays stated the facade will look exactly like is shown on the plans.  They will carry the painting all the way through so that from the outside it looks as if the entire store is completed.  They plan to paint the block on the outside of the building to match the Circuit City prototype colors.  There is also some other block that is painted already in a light buff color.  Circuit City is looking for a darker beige color.  Mr. Schniedermeyer stated the paint is one that stays on forever and he does not foresee any chipping. 

 

Attorney Hayes acknowledged they have taken pretty good care of this center.  Chairman DiPace noted he was not keen regarding painting block.  Further discussion on the colors followed.

 

Attorney Hayes stated she would like to get an understanding of what they have to do to come back in.  They will have to install a small ramp in the back in order to get into the garage.  It will be approximately twenty-four inches high and about twenty-four feet long.  It would meet the handicapped requirements for handicapped accessible.   It is not shown on the site plan and they would propose to come back for a modification. 

 

Commissioner Duren asked if the cars would be left overnight.  Mr. Schniedermeyer stated they would not be.  What would happen is they may have a couple of chairs for people waiting but most of the time they go back into the store. 

 

Mr. Giner stated the Commission would be approving the indicated location for the temporary storage trailers to be up only during construction.  He suggested this be an additional condition.  The signs shown are directional signs and not advertising signs.

 

Chairman DiPace opened this hearing to the public.  No one spoke in favor or against this application.

 

Commissioner Duren made a motion, seconded by Commissioner Ballard, to approve PH#2562 with the seven conditions as outlined in a memo from Jose Giner to the Commission dated June 14, 2006 and to add condition 8. Temporary storage trailers shall be in existence only during construction.  The motion was approved by a 7 – 0 – 0  vote with Alternates Sarno and Ladd voting.

 

NEW BUSINESS

 

a.     SPR#1372 – Application to increase total impervious coverage from 65.% to 69.5% due to termination of lease with state and proposed purchase of portion of state property.  No construction of any kind is proposed at 90 Elm Street, zoned BR, Map 57, Lot 325, Westfield Corp., Inc., Applicant/Owner.  (Decision by July 20, 2006)

 

Attorney John Knuff, 147 Broad Street, Milford, Connecticut appeared before the Commission regarding this application.  They are not proposing any construction.  Westfield has had a long-term lease with the State of Connecticut for the property located between I-91 and the mall which is owned by the Connecticut DOT.  That lease is expiring and they will not renew the lease but will sell them the portion of land colored yellow on the site plan or about 3.88 acres out of the total 9 acres.  There is some parking on this parcel and historically they have used this for their impervious coverage calculations.  What this does is increase their impervious coverage percentage from 65.8% to 69.6%.  It is allowed to go up to 70% but the Commission has to approve it and can do so if the off-site drainage will not be increased in a manner detrimental to the downstream properties.   Nothing will be constructed and the only thing that is changing is the property that is under Westfield’s control which changes the percentage of the impervious coverage.

 

Chairman DiPace asked if the 69.5% includes what is existing today or future building.  Attorney Knuff stated that is what it is today after you subtract the 5.06 acres that the state will not let them acquire. 

 

Commissioner Hickey made a motion, seconded by Commissioner Sarno, to approve SPR#1372 to permit the increase in impervious coverage from 65% to 69.5%.  The motion was approved by a 7 – 0 – 0 vote with Alternates Sarno and Ladd voting. 

 

OTHER BUSINESS

 

a.     Applications to be received

 

 The following applications were received by the Commission:

 

1.     PH#2563 – Leete Stevens, Inc. – Modify condition of approval #2 to extend days and hours of operations at 61 South Road.

 

A public hearing will be scheduled July 20, 2006.

 

2.     PH#2564 – Paul Varno – change use license from general repair to wholesale used vehicles dealer, 41 Mullen Road.

 

A public hearing will be scheduled July 20, 2006.

 

3.     PH#2565 – Marilyn Tyler, Cons. For John Mokrycki, Jr., seven-lot subdivision on 17.3 acres at #78 Post Office Road.  Parcel is located on the south side of Post Office and the north side of Oliver Road.

 

A public hearing will be scheduled for July 6, 2006. 

 

4.     PH#2462.02 – Enfield Federal Savings – Addition of a deck (approximately 28’ x 14’ plus a walk way to the northwest flat work).  The deck will be used for viewing events at the Enfield Town Green, 855 Enfield Street.

 

The Commission directed Mr. Giner to handle this application administratively. 

 

5.     SPR#1374 – Ronald P. Boretti, AIA, - application to show placement and location of temporary storage trailers for previously approved work at Brookside Plaza, 10-38 Hazard Avenue. 

 

The Commission directed Mr. Giner to handle this application administratively.

 

6.     SPR#1375 – The Stop & Shop Supermarket Co. – Location approval of temporary storage containers in connection with the previously approved expansion to the Stop & Shop Supermarket to be used during the construction of the expansion.  54 Hazard Avenue.

 

The Commission directed Mr. Giner to handle this application administratively.

 

Attorney Tyler was present and stated he thought he would have to speak this evening.   He spoke to his father-in-law prior to tonight’s meeting and he wanted to know when he was getting his money back.

 

c.      Discussion of Dog Licensing

 

Chairman DiPace saw a need for the Commission to review all kennel licenses.  Discussion followed regarding when a kennel license is needed, how many dogs would be subject to such a commercial license, and the need for Planning to supervise the kennel licensing.

 

Ms. Higley suggested the Commission obtain input from the Dog Warden.  Mr. Giner will review what other towns do in this regard and inform the Commission regarding kennel licensing.

 

ADJOURNMENT

 

Commissioner Jones made a motion, seconded by Commissioner Sarno, to adjourn.  Following a unanimous vote, the Commission adjourned at 10:25 p.m.

 

                                                Respectfully submitted,

 

 

 

                                                _________________________

                                                Charles Duren, Secretary

                                                Enfield Planning and Zoning Commission

jmr

 

Last Modified: 8/29/2006 10:21:52 AM


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