ENFIELD ZONING BOARD OF APPEALS

MINUTES OF A REGULAR MEETING

MARCH 28, 2005

A Regular Meeting of the Enfield Zoning Board of Appeals was held on Monday, March 28, 2005 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Peter Yarum called the meeting to order at 7:00 p.m.

PRESENT: Peter Yarum, Chairman

John Rinaldi

Paul Thorogood, Alternate

ALSO PRESENT: Roger Alsbaugh, Assistant Town Planner

MINUTES

Mr. Rinaldi made a motion, seconded by Mr. Thorogood, to approve the Minutes of January 31, 2005. The Minutes were approved by a unanimous vote.

CORRESPONDENCE/STAFF REPORT

Chairman Yarum noted Correspondence includes the Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter for winter, 2005, the Town Attorney’s Report dated March, 2005, and a memorandum from the Office of the Town Attorney regarding Kaplan v. Zoning Board of Appeals. Chairman Yarum stated the packet from the Town Attorney’s Office is for Board information only and it is to have no discussion with other persons other than the attorney representing the Zoning Board of Appeals.

Mr. Alsbaugh discussed proposed bill 189 which brings up the issue again of removing the suitability licensing procedure from the Zoning Board of Appeals.

Mr. Rinaldi requested information regarding the Enfield Planning and Zoning Commission v. the Enfield Zoning Board of Appeals. Mr. Alsbaugh confirmed when the town was served with the appeal by Planning and Zoning, it is automatic litigation. Mr. Rinaldi noted this case is not in the most recent Town Attorney’s Report. Mr. Alsbaugh stated he will get an official status report to the Board from the Assistant Town Attorney regarding this matter and the procedure that will be followed.

NEW BUSINESS – NON-PUBLIC HEARING ITEMS

SUITABILITY OF LOCATION [new or used car sales, general repairer license, limited repairer license, gasoline service stations]

ZBA 2005-03-01 – LIA Auto Group d.b.a. Elm Street Automotive, Inc. d.b.a. Lia Used Cars, 481 Enfield Street, Map 33/Lot 256, BG Zone: Request for Certificate of Suitability Used Car Dealer License – CGS Section 14-54 and EZO Section 11.00C (NOTE: Amendment Sec. 70 to the state budget affecting suitability of location statutes reinstates the ZBA as the required approver of a certificate of location. Sec. 10 of the original PA 03-184 remains in effect; that section repealed CGS 14-55 that required a public hearing.)

Robert McCoutchey, Controller for the LIA Auto Group, appeared before the Board regarding this request for a Certificate of Suitability.

Chairman Yarum noted an approval was received by LIA Auto Group to conduct business for new car sales at 481 Enfield Street and this is an addition. Mr. McCoutchey confirmed that it is a change, an amendment to used cars only. This is because LIA terminated the Pontiac franchise. Mr. McCoutchey stated there are no other changes proposed to this site other than the fact that they will now be offering used cars for sale.

Mr. Alsbaugh stated that any criteria for reviewing applications of this type are deleted under the statutory amendment. All the criteria were removed when the statute was amended.

Mr. Alsbaugh added that the Department of Motor Vehicles always asks if there are any restrictions to the use of the specific property. The conditions that Mr. Alsbaugh checked on the special use permit points out those specific restrictions and such restrictions will be included in the material that will be sent to the DMV.

Mr. Rinaldi made a motion, seconded by Mr. Thorogood, to approve the request for a Certificate of Suitability under Connecticut General Statutes Section 14-54 and EZO Section 11.00C, for the operation of a Used Car Dealer license under the applicant’s ownership. Said operation is to be at the described location (481 Enfield Street), as delineated on the site plan submitted with the application and as conditioned under Enfield Planning and Zoning Commission Special Use Permit PH#2442.

Reference is made to a plan sheet titled “Site Plan, PH#2442, LIA Pontiac, LIA Auto Group, 481 Enfield Street, Enfield, Connecticut, J.R. Russo & Associates, Sheet No. 2 of 4, [dated] 3-30-04, revised to 10-13-04,” and to all documentation and discussion under ZBA 2005-03-01.

The motion was approved by a 3 – 0 – 0 vote.

NEW BUSINESS – PUBLIC HEARING(S)/PROCEDURAL AND POLICY STATEMENTS BY CHAIRMAN (Legal Notices for tonight’s public hearings were published in the Journal Inquirer on Monday, March 14, 2005 and Monday, March 21, 2005.)

VARIANCES – NEW

Chairman Peter Yarum informed the audience that tonight’s public hearings for variances could not be conducted due to a lack of four Board members to hear these variances. State Statues require four votes in order to approve a variance. These hearings, ZBA 2005-03-02, Robert Chester, and ZBA 2005-03-03, Leonard Shortz will be rescheduled to the April 25, 2005 Regular Meeting.

ADJOURNMENT

Mr. Rinaldi made a motion, seconded by Mr. Thorogood, to adjourn. Following a unanimous vote, the Board adjourned at 7:25 p.m.

Respectfully submitted,

__________________________

John LeDoux, Secretary

Enfield Zoning Board of Appeals

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