ENFIELD ZONING BOARD OF APPEALS

MINUTES OF A REGULAR MEETING

MARCH 31, 2008

A Regular Meeting of the Enfield Zoning Board of Appeals was held on Monday, March 31, 2008, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Kevin Kibbe called the meeting to order at 7:07 p.m.

PRESENT: Kevin Kibbe, Chairman

John Rinaldi

Peter Yarum

Maurice LaRosa, Alternate

ALSO PRESENT: Roger Alsbaugh, Assistant Town Planner

MINUTES

Mr. Rinaldi made a motion, seconded by Mr. LaRosa, to approve the Minutes of January 28, 2008. The Minutes were approved by a 4 – 0 – 0 vote.

CORRESPONDENCE

Mr. Alsbaugh asked if everyone received a copy of the previous Plan of Conservation and Development. Mr. LaRosa did not receive it.

POLICY STATEMENT BY CHAIRMAN

Mr. Yarum stated the Board had previously in their bylaws put a policy statement in by the Chairman. He thought it should be revised. With a new Chairman, there will be new policies that the Chairman wants this Board to follow. Mr. Yarum felt this should be addressed and made part of the bylaws at this time.

Mr. Alsbaugh stated to amend the bylaws there has to be discussion at one meeting and then it is brought up for a vote at the next meeting. The Board would have to have a unanimous vote to add this item to the agenda.

Mr. Yarum made a motion, seconded by Mr. LaRosa, to discuss the Chairman’s procedures and policies of going forward. The motion was approved by a 4 – 0 – 0 vote.

Mr. Alsbaugh stated Mr. Yarum’s statement was a statement that encompassed certain philosophies of how things ran and what the general tenor of the meetings would be. Mr. Yarum stated the new Chairman ought to have the opportunity to add to or delete items within that statement that he feels are important going forward.

Mr. LaRosa stated it would be a statement to everybody in a meeting as to how the Chairman is going to conduct that meeting.

Chairman Kibbe stated in his opinion the way Mr. Yarum ran the meetings was great. He does not plan on altering a lot. Mr. Rinaldi stated Mr. Yarum expected alternates to be in attendance even though they were not scheduled to vote.

Chairman Kibbe brought up the notification to the Board when there is going to be a meeting. It was his intent to keep this Board from being political.

Mr. Alsbaugh stated it is his understanding that a meeting is a regularly scheduled meeting and it is meant to be held regardless of whether something is on the agenda or not. However, he can understand the desire to institute a policy of knowing before hand whether there is going to be a meeting or not. Because everything the Board deals with as an application involves a public hearing, he doesn’t have to ask the Chairman whether or not to have a meeting. If there are applications, it automatically requires public hearings, advertisement of notice, and a meeting. If there are no applications, then there is usually no meeting. Mr. Alsbaugh can understand that that doesn’t always work since there is also the requirement that everyone is supposed to call the office if they are not going to be in attendance. Chairman Kibbe stated that has been an ongoing issue.

Chairman Kibbe felt the seven-day meeting notice is fair. Mr. Alsbaugh stated it was his understanding from the last time, that he was to let Chairman Kibbe know whether or not there was going to be a meeting and that’s what he did. He called Chairman Kibbe and asked him if he wanted to have a meeting on the Plan of Conservation and Development even though there were no public hearings.

Mr. Alsbaugh stated he doesn’t expect the Chairman to decide whether or not to have a meeting. It should be staff’s responsibility to send out a meeting notice.

Mr. LaRosa stated the Town Council had a meeting with the Chairs of the various boards and commissions. Notification was discussed. He was under the assumption that if there was not going to be a meeting that this Board would be notified. He stated he will be here if there is a meeting but if there is no meeting, it is important for him to know ahead of time so that he can schedule something else. Mr. LaRosa was in favor of the seven day notice for a meeting. He also stated that the packet was delivered to his home on Friday night and if there was an application to go over tonight, he would be ill prepared to even discuss the application.

Chairman Kibbe discussed his work schedule and the need for one week’s notice for a meeting.

Mr. Alsbaugh stated the actual statutory requirement is the advertising. That is no more than fifteen days and no less than ten days for the first advertisement. There can be no less than two days before the first and second and the second advertisement cannot be less than two days before the actual meeting. You cannot count the day of the meeting or the day of the advertising.

Chairman Kibbe and Mr. LaRosa agreed that seven days’ notice for a meeting is okay. Also, if there are no applications, Chairman Kibbe stated the chances are the Board doesn’t need to meet.

Some discussion followed on the possibility of using email to notify Board members. Mr. LaRosa suggested the packets could be sent via email.

Mr. Alsbaugh stated when you have applications, Chairman Kibbe has to make a decision as Chairman. If that is the consensus of the Board that it is going to be by email, that is fine. As it currently stands, the office delivers the packets by the Police Department. He stated the Board has to decide how and when this is going to occur and then tell him. Mr. Alsbaugh noted that most of the time you cannot get the applications by email because of the maps included. Mr. LaRosa felt for a meeting like tonight’s the Board can get notification by email.

Chairman Kibbe stated his opinion is the Board should keep things the way they are with paper. He noted the variables of receiving items by email. Chairman Kibbe felt tonight’s packet could have been delivered by mail and not by the Police Department. He would like to see the packet delivered seven days in advance of the meeting.

Mr. Rinaldi stated he has a problem with the Police delivering packets. He felt Police officers are more than errand boys and he is not comfortable with the Police having to deliver the packets. Mr. LaRosa questioned if a large meeting packet could be delivered by mail.

Mr. Alsbaugh stated he has personally delivered large packets. The Board would have the post office or Mr. Alsbaugh to make the deliveries of meeting packets. Mr. Rinaldi stated he would even be willing to pick up the meeting packet rather than spending Police officers’ time to deliver them. Mr. LaRosa agreed and stated if no one is home at his residence, the packet has to be left on the steps. Mr. Alsbaugh stated he has not yet delivered packets to the new Board members.

Chairman Kibbe asked what groups get their packets delivered by the Enfield Police Department. Mr. Alsbaugh stated the Town Council and Planning and Zoning. He was unsure what the justification was for having the Police deliver the meeting packets.

Chairman Kibbe asked who decided to use the Police Department for this Board’s meeting packet. Mr. Alsbaugh stated Ms. Turner requested it. Mr. Alsbaugh felt this direction should come from the Chairman. Further discussion followed. Mr. Alsbaugh stated the Police have never delivered ZBA meeting packets in the ten years he has been employed by the town. It has always been mailed or if it was too big, Mr. Alsbaugh hand delivered it.

Chairman Kibbe stated as long as the Board gets the packet a week in advance, he is okay with what Mr. Alsbaugh is saying. He noted Ms. Turner and Mr. Hozempa are not present and he would like to wait to see what their justification was.

Mr. Alsbaugh commented on Mr. LaRosa’s concern about packets reaching them in time by mail. Mr. Alsbaugh noted when he lived in Glastonbury before he moved here two years ago, he would drop the packets off at the main post office in Hartford. That way they came here directly the next day rather than getting picked up here, going to the Enfield PO, then to the main Hartford PO, and then back up to the Enfield PO for final distribution. Now that he lives here, that is not an option.

Mr. LaRosa agreed that the Board ought to wait to hear from Ms. Turner and Mr. Hozempa as to why delivery by the Police Department was necessary. Mr. Alsbaugh stated his only concern is whatever decision is made is a joint decision of the Board and that it comes through the Chairman.

Mr. Rinaldi questioned if there are no applications, when will it be decided whether to have a meeting or not. He noted some of the longest meetings turned out to be ones without applications where discussion items went on very late. He didn’t want it to be a regular occurrence to have to have such discussions until 10:30 p.m. or later. He noted such subjects as the discussions on lake overlay zones and motor vehicle certificates of suitability as examples. Chairman Kibbe suggested a special meeting at some point or wait until the next meeting.

Mr. Alsbaugh stated that the four people present seem to agree it is more appropriate not to have the Police deliver the meeting packets. He suggested contacting those not present to get a consensus so you don’t have to wait until a meeting that may not occur next month. Mr. Alsbaugh would like to see a decision about this in a timely fashion so that the Police are not scheduled to deliver the meeting packets for next month, if that is the consensus.

Following further discussion, Chairman Kibbe stated he will contact Ms. Turner and Mr. Hozempa. Chairman Kibbe felt it would be appropriate to contact all Board members.

Mr. Rinaldi asked how many days before a meeting can an application be submitted. Mr. Alsbaugh stated the first advertisement cannot be any less than ten days before the meeting. This does not include the advertisement date or the meeting date. It would be ten full days.

Mr. Alsbaugh stated it is possible for him to deliver meeting packets that are on the large side. He has done so as a courtesy. Although he is not compensated he is also not required to do so.

Chairman Kibbe stated he will contact all Board members within the next couple of days regarding delivery of meeting packets by the Police Department. He will contact the Board by Friday to inform them of what will be done. Chairman Kibbe noted that those present tonight agree to do meeting packets the same way they have been doing it all along by U. S. mail as long as it’s seven days in advance. If the packet is deemed to be too large, Mr. Alsbaugh will deliver it to the Board seven days prior to the meeting. Chairman Kibbe will talk to Ms. Turner and Mr. Hozempa to ascertain their feelings. He will then send an email to all Board members.

Mr. Alsbaugh referred back to this subject as it relates to a discussion of the new Chairman’s statement. Mr. Yarum stated his policy was he expected all Board members to be present for every meeting. He also did not want any discussion until the discussion was called upon at the public hearing. Previously, Board members had a tendency to slip out how they were intending to vote and he didn’t want that happening. He felt doing this could sway someone else. The Board has not had a meeting break since the Kaplan application. The Board used to take a break but did not discuss anything that occurred in this room.

Mr. Rinaldi remembers statements from Board members saying they are going to vote this way ‘because’. Mr. LaRosa stated people may open up with a statement that they are going to vote a particular way but someone may ask a question that could completely change the way they vote. He doesn’t think people should say they are going to vote a particular way prior to the full Board voting. Mr. Rinaldi noted the need to hear all the evidence before deciding how to vote.

Mr. LaRosa agrees that all Board members should be in attendance. He saw a need for Board members to be notified of a meeting but also those members not attending a meeting should notify staff. Mr. Alsbaugh stated notification of not attending a meeting is a requirement. Further discussion about such notification followed.

Mr. LaRosa stated what he doesn’t want to happen is not having enough people to do a meeting. If a Board member is not going to attend the meeting, someone should be notified.

Mr. Alsbaugh stated it is a requirement in the process that a Board member is supposed to contact staff if they cannot be at a meeting. The staff is required to maintain attendance sheets so that it is recorded.

Mr. Alsbaugh stated what he would like to do is look over the bylaws and see whether or not the issue with the packets is appropriate for the Chair’s Statement, another section of the by-laws, or maybe the process should be to create a new appendix relating to meeting packets. Mr. Alsbaugh will research this and get back to the Board at their next meeting with a few recommendations.

OTHER BUSINESS

· Discussion on new Enfield Plan of Conservation and Development

· Discussion, lake overlay zones

· Other communications to PZC and/or Council

Mr. Alsbaugh stated there is a requirement for the Plan of Conservation and Development to be done every ten years. It describes the needs and goals and recommendations for actions for just about everything in the town over a ten-year period. Decisions made by the boards and commissions are supposed to reflect the approved Plan of Conservation and Development. It is supposed to be the form approved by the PZC that guides the community and which reflects the desires of the community at large.

The new Plan is coming up at the end of this year. Mr. Alsbaugh noted someone from the ZBA will be asked to sit on the steering committee. He asked that Board members who do not have a copy of the previous Plan to let him know. As a citizen, Board members have a right to comment on any aspect of the Plan. He suggested Board members look over the previous Plan and see if there is anything that might tie in to the ZBA. Mr. Alsbaugh discussed the lake overlay zone issue having to do with accessory structures.

Mr Alsbaugh stated accessory structures are required to be behind the building but in a lake area, you are putting them closer to the lake bringing up erosion issues. This can also interfere with the decisions that come from the Wetlands Commission. What the Zoning Board of Appeals did, along with the front porch issue that did get passed by Planning and Zoning, was present a recommendation to Planning and Zoning to somehow address the zoning ordinance. What resulted was a corrective measure recommended by the Planning Director for an overlay zone for the lakes where the accessory structures would not be automatically required to be behind the house. The Board felt that because the issue kept coming up and people were asking for variances with no justifiable hardship that other action was necessary. If there was, or appeared to be a problem with the zoning ordinance, it might not be a variance issue but rather a legislative issue.

Mr. Rinaldi clarified with the front porch issue, most of them were denials. Because the Board was looking for the exceptions to the rules, a recommendation was sent to Planning and Zoning. If you look at the lake front, most of them were passed. That neighborhood was an exception because of the lake and the Board justified granting the variance. Mr. Rinaldi noted it has been pretty consistent regarding passing variances for the lake front properties.

Mr. Alsbaugh asked that the Board consider any other issues that might be related to the concept of something that the Zoning Board of Appeals should refer to Planning & Zoning. Chairman Kibbe brought up corner lots. Mr. Rinaldi noted unmerging of lots has come up a few times.

Some discussion followed on issues that came to the ZBA regarding the Kaplan application and the Enfield Montessori School application, both of which went to court.

Mr. LaRosa brought up the town’s web site and the fact that this Board has not been kept current on it. He went on line looking for agendas and minutes and he noticed that every other commission is up to date except for this Board. The Board’s last actions that people can look up are dated September 27, 2006. Mr. Alsbaugh stated he has since been trained in accessing the web site by Peter Ohs in IT but the issue now is time. Mr. Alsbaugh discussed his present work load. Mr. LaRosa stated accessing the web site is a good tool should Board members miss a meeting and he suggested starting with the newer agendas and minutes. Mr. Alsbaugh noted that he has been posting documents backwards from the present.

Mr. Rinaldi brought up training by ZBA members and he asked if there are any local planning conferences. Mr. Alsbaugh recommended that Chairman Kibbe make a formal request to Mr. Giner about such training conferences available through the American Planning Association or the American Bar Association or an in house workshop. Mr. Alsbaugh stated the ZBA workshops that are run are very good and deal with law and procedure.

ADJOURNMENT

Mr. Yarum made a motion, seconded by Mr. LaRosa, to adjourn. Following a unanimous vote, the Board adjourned at 8:10 p.m.

Respectfully submitted,

____________________________

John Rinaldi, Secretary

Enfield Zoning Board of Appeals

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