MINUTES OF A REGULAR MEETING
NOVEMBER 29, 2004
A Regular Meeting of the Enfield Zoning Board of Appeals was held on Monday, November 29, 2004, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Yarum called the meeting to order at 7:18 p.m. Due to a lack of four members to participate and vote on the public hearings, the hearings were postponed until the December 27, 2004 Regular Meeting.
PRESENT: Peter Yarum, Chairman
Edward Furey
John Rinaldi
ALSO PRESENT: Roger Alsbaugh, Assistant Town Planner
MINUTES
Mr. Furey made a motion, seconded by Mr. Rinaldi, to approve the Minutes of September 27, 2004. The Minutes were approved by a unanimous vote.
CORRESPONDENCE
Chairman Yarum reported receipt of the November and December Town Attorney’s Report. Since the ZBA is listed in the last item of that report, Chairman Yarum asked about the status of the ZBA case. Mr. Alsbaugh stated he has not heard anything further from the Town Attorney’s Office.
Chairman Yarum reported receipt of Loss Control Guidelines for Land Use Commissions and he asked that Board members pay special attention to the Executive Summary, Items 3b and 3c.
Mr. Alsbaugh stated the Board has received the Handbook from the Federation of Planning and Zoning Agencies that was distributed at a recent workshop some Board members attended. Mr. Alsbaugh noted there are additional copies for future Board member packets.
PUBLIC HEARINGS
This public hearing will be heard on December 27, 2004.
ZBA 2004-10-02 - Walter & Dawn Meskell, Applicants and Owners, 7 Sharp St., Map 67 / Lot 409, R33 Zone, requesting a coverage variance of 5% (25% proposed, 20 % existing, 20% allowed, to allow an addition to the main structure - EZO Section 4.10.2H.
NEW BUSINESS - NON-PUBLIC HEARING ITEMS
SUITABILITY OF LOCATION [new or used car sales, general repairer license, limited repairer license, gasoline service stations]
ZBA 2004-10-03 – Enfield Auto Repair, LLC, 51 Enfield Street, Map 35 / Lot 206, BL Zone: Request for Certificate of Suitability – limited repairer 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 Sec. 10 of the original PA 03-184 remains in effect; that section repealed CGS 14-55 that required a public hearing.)
Attorney Thomas Fahey appeared before the Board representing the applicant, Enfield Auto Repair LLC. He stated under the current Connecticut General Statutes, this Board has the authority to approve the site plan and the location permits for automotive related uses. This use at 51 Enfield Street is currently Connecticut Valley Auto and has been at this location for over twenty years. The owners currently have a limited repairer's license at this site. Enfield Auto Repair is acquiring the business and they are requesting their own limited repairer's license.
Attorney Fahey stated according to the ordinance, in the Business Local zone the use of a limited repairers as well as a general repairer's license is not permitted as of right or by special permit. However, there constantly has been such a license and it exists now as a permitted nonconforming use. As long as the new owner does not expand the use in any way, there is no requirement for them to go to the Planning and Zoning Commission or to this Board for any other approvals.
Attorney Fahey confirmed the new owner, Enfield Auto Repair, is not going to expand the building in any way. The plans show that the only change on the interior is removing a wall and creating an office. An existing storage area is becoming a seating area. They have had the appropriate mapping and survey done to A-2 standards showing what is there now as well as the abutting properties. As part of the agreement, Attorney Fahey stated Enfield Auto Repair will also be acquiring the name, Connecticut Valley Auto.
Mr. Rinaldi asked if there will be any additional operations or activities. Attorney Fahey stated whatever they could do under the limited repairer's license, they will continue to do. The interior renovations are shown on the plans and there will be no expansion on the exterior.
Mr. Furey made a motion, seconded by Mr. Rinaldi, to approve the request to approve a Certificate of Suitability under Connecticut General Statutes Section 14-54 & EZO Section 11.00C, for the operation of a Limited Repairer’s license under the applicant’s ownership. Said operation is to be at the described location [51 Enfield Street] and as delineated on the site plan submitted with the application. Operations and activities are allowed only inside the building, with vehicles waiting for, or undergoing repair may only be stored on the existing paved areas on the submitted site plan. No approval has been granted for any vehicle impoundment by contract with any other agency or entity.
Reference is made to a plan sheet titled “Improvement Location Plan Prepared For Connecticut Valley Auto, Enfield, CT, William R. Palmberg & Son, LLC, (Sheet) 1 of 1, [dated] 09/23/04”, and to all documentation and discussion under ZBA2004-10-03.
The motion was approved by a 3 – 0 – 0 vote.
ZBA 2004-11-01 – Lee Myles Enfield Automatic, 917 Enfield Street, Map 26 / Lot 78, BL Zone: Request for Certificate of Suitability – general repairer 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.)
Alan Lessard, 1 Fairview Avenue, Dudley, Massachusetts, appeared before the Board regarding this application. He stated the intent is to keep the use the same and the only change would be some painting of the premises.
In response to Board questions, Mr. Lessard stated nothing regarding the operation itself will change.
Mr. Furey made a motion, seconded by Mr. Rinaldi, to approve the request for a Certificate of Suitability under Connecticut General Statutes Section 14-54 & EZO Section 11.00C, for the operation of a General Repairer’s license under the applicant’s ownership. Said operation is to be at the described location [917 Enfield Street] and as delineated on the site plans submitted with the application. Operations and activities are allowed only inside the building, with vehicles waiting for, or undergoing repair only, to be stored on the existing paved areas on the submitted site plan. No approval has been granted for any vehicle impoundment by contract with any other agency or entity.
Reference is made to two plan sheets, the first titled “SITE PLAN, EXISTING CONDITIONS, JULIE'S LAUNDROMAT (ZBA2004-11-01, Plan 1 of 2), 917-919 Enfield St., Enfield, CT, L. P. CONSULTANTS, [dated] 10/18/2000, revised to 11/1/2000”, and the second titled "LEE MYLES ENFIELD AUTOMATIC (ZBA2004-11-01, Plan 2 of 2), [dated] 11/12/04, and stamped 'RECEIVED, Planning Office, Enfield, CT 06082, Nov 17, 2004'", and to all documentation and discussion under ZBA2004-11-01.
Mr. Furey noted this would be a continuation of a previous use and a continuing service to the community.
Mr. Rinaldi noted there are no additional changes proposed.
OTHER BUSINESS
Review of New Application Form
Board members reviewed a draft of a new application form prepared by Mr. Alsbaugh.
Chairman Yarum felt an applicant would question the second part of the proposed application and find the appeal from the order of decision section to be somewhat confusing. He felt this should be a separate section.
Following additional discussion, Chairman Yarum recommended different applications depending on the request with the same cover page for each. Mr. Alsbaugh clarified there would be four different forms because under the current statutes gas stations are different from certificates of suitability.
Mr. Alsbaugh stated he will make sure the front page gathers all the information for the administrative process for any of the applications and then the application would be broken into sections to cover variance, appeal of the Zoning Enforcement Officer, gas stations and certificates of suitability.
Following a suggestion from Mr. Rinaldi about separating some of the material, Mr. Alsbaugh stated as the administrator he really would prefer to see any zoning section citations on the first page.
Mr. Rinaldi suggested including a line below the property address indicating the nearest intersecting street so that the property is easier for Board members to identify. Following additional discussion regarding how to identify properties, Mr. Rinaldi stated what he is really looking for is an indication of the nearest main road. Mr. Alsbaugh suggested this be included in the file/office use area rather than putting it on the application and it will be something that staff has to determine possibly via a locator map.
Chairman Yarum stated either he or Mr. Alsbaugh will call the Board members who are not present this evening to confirm that they will attend next month’s meeting. If a full Board will not be present for the December 27, 2004 meeting, Chairman Yarum requested that a special meeting be called within the next few weeks.
ADJOURNMENT
Mr. Furey made a motion, seconded by Mr. Rinaldi, to adjourn. Following a unanimous vote, the Board adjourned at 7:53 p.m.
Respectfully submitted,
__________________________
John LeDoux, Secretary
Enfield Zoning Board of Appeals
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