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ENFIELD HISTORIC DISTRICT COMMISSION
MINUTES OF A REGULAR MEETING
JANUARY 24, 2007
A Regular Meeting of the Enfield Historic District Commission was held on Wednesday, January 24, 2007 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Richard Tatoian called the meeting to order at 7:00 p.m.
PRESENT: Richard Tatoian, Chairman
Russell Meyer
Nancy Smyth
Marie Troiano
Lillian Troiano, Alternate
Raymond Gwozdz, Alternate
Sonja Dean, Alternate (arrived at 7:20 p.m.)
ALSO PRESENT: Roger Alsbaugh, Assistant Town Planner
Mr. Meyer made a motion, seconded by Mr. Gwozdz, to move item 6, Executive Session, on tonight’s agenda to item 13, make item 13 item 14, and add to item 11 a discussion of guidelines. The motion was approved by a unanimous vote.
Raymond Gwozdz was appointed voting alternate for tonight’s meeting.
MINUTES
Mr. Meyer made a motion, seconded by Ms. Smyth, to approve the Minutes of September 27, 2006. The motion was approved by a unanimous vote with Ms. Lillian Troiano signing the minutes as Acting Clerk of 9/27/2006.
CORRESPONDENCE
Mr. Alsbaugh reported receipt of correspondence from the Assistant Town Attorney regarding 1443 Enfield Street. Mr. Gwozdz made a motion, seconded by Ms. Smyth, to add a discussion of options concerning 1443 Enfield Street to the agenda. The motion was approved by a 5 – 0 – 0 vote with Alternate Gwozdz voting.
Mr. Alsbaugh reported The Connecticut Trust sent the commission information from the Antiquarian & Landmarks Society about a series of seminars. The seminars are held on Tuesdays in March at 5:30. Mr. Alsbaugh requested that anyone who would like to attend contact him to register.
Mr. Alsbaugh reported receipt of two other items from the Connecticut Trust. They involve requests for donations. Also received was an appeal from the Hartford Preservation Alliance, the November / December issue of CT Preservation News, and the January/February, 2007 issue of the National Trust forum news. Mr. Alsbaugh stated he processed the Commission’s membership renewal for the National Trust, reminding Commissioners that they have a Forum level membership that they can use to access in-depth material on the National Trust web site.
Mr. Alsbaugh stated the Commission has also received an announcement for a CCM workshop on effective meetings and parliamentary procedure and the 2007 meeting dates for land use boards and commissions.
Mr. Meyer asked about photographs that were taken a couple of years ago for badges to allow Commission members to go on private property. Mr. Alsbaugh stated he never received final authorization from the Town Manager to expend funds to get the badges laminated. He noted a lot of towns have begun issuing picture id’s through the office of emergency management because of security concerns since 9/11. Mr. Alsbaugh will contact the Town Manager’s office regarding these picture identification badges.
Discussion Items
* Signs: locations of outdoor sales
* Signs: guidelines for ‘Adopt-A-Spot’ signs
In response to references about political signs, Mr. Alsbaugh stated the Commission has considered the concept previously. The commission had determined it was not practical to pursue such a traditional though transient activity and that its resources could be marshaled better elsewhere.
Mr. Alsbaugh brought up the Adopt-A-Spot signs and stated he has never been able to find anything where the process for such signs came through the Commission. Mr. Meyer stated there was some problem with the Adopt-A-Spot sign on Fairview. Mr. Alsbaugh has spoken to the Chairman of the Beautification Committee regarding such signs and it was noted they have been doing these signs for years. Mr. Alsbaugh pointed out the Commission has valid legal concerns regarding such signs.
Some discussion followed regarding the Adopt-A-Signs located in the town. Mr. Alsbaugh stated the Commission needs to decide on some minimum criteria for what they will allow regarding such signs in the Historic District. Such criteria would involve size and design concepts.
Mr. Alsbaugh stated a permit from DOT is required for any incursion into the right of way. DOT’s operational guidelines state that anything approved by them must comply with the abutting regulations or ordinances (the word 'ordinance' refers to this Commission having been created by and existing under an ordinance).
Mr. Alsbaugh stated he is not aware of the procedure the Beautification Committee follows regarding Adopt-A-Spot signs. The signs he has seen are around 2' x 2’, but the recent one in the Historic District may be larger and is mounted on 2 by 4’s. He noted if the Commission has concerns about the sign, they have the right to put in place some criteria to allow such signs in the Historic District.
Chairman Tatoian questioned if this would be a subject for the Commission guidelines. Mr. Alsbaugh noted the guidelines would be a good place to put such a policy.
Mr. Meyer questioned what is in place regarding signs. Mr. Alsbaugh stated there is a zoning regulation for signs and these Adopt-A-Signs are not mentioned. Any signs within the historic district, whether in the right of way or on private property, are subject to this Commission’s review and approval. Mr. Meyer asked about tag sale signs. Mr. Alsbaugh stated political and tag sale signs are not issued permits by the town. Historically this Commission has never exercised their authority regarding political or tag sale signs in the district.
Chairman Tatoian stated if someone wants to put up a sign, they would need to come to the town for an application. In the case of the Adopt-A-Spot sign, it was put up without an application so technically it is an illegal sign. He suggested the Commission state in the guidelines what the requirement is for the public’s information. Mr. Alsbaugh saw a need to communicate with the Beautification Committee and work together to discuss their needs and the HDC’s requirements. He suggested a procedure might be that once sign guideline criteria have been crafted for the District, the Beautification Committee submits a memo to staff so that a record can be kept of such signs.
Mr. Gwozdz would like see the Commission make a partnership with the Beautification Committee regarding the placement of signs in the Historic District.
Ms. Dean stated she brought up this issue of Adopt-A-Spot signs because she keeps hearing that some of the property owners on Enfield Street are looking at this as a precedent saying they didn’t have to come before the Commission.
Ms. Troiano questioned what if a business wants to sponsor an Adopt-A-Spot sign. Mr. Alsbaugh stated neither the town nor the HDC can administer content which means a business could ‘adopt a spot’. But, it then becomes paramount that there be a set of minimum requirements for such signs that are consistent, and that the guidelines are clear about what the Commission feels is an appropriate sign within the category.
Some discussion followed about where Adopt-A-Spot signs occur within the Historic District (one is known on Enfield St. at Fairview), and about the one at the exit of Route 190 east at Pearl Street.
Ms. Marie Troiano asked what land is used for Adopt-A-Spots. Mr. Alsbaugh stated it would be places like the triangle at Fairview or the triangle at the Route 190 exit. Legally, you couldn’t just take over and adopt a spot in front of or on just any property in the district. Mr. Alsbaugh questioned if a property owner could offer a location. Ms. Troiano asked how do you decide what land is acceptable for an Adopt-A-Spot. Mr. Alsbaugh stated that is something that has to be clarified with the Beautification Committee; he will gather information on the process and requirements.
Mr. Alsbaugh suggested this Commission do a survey of the District and see what other spots, if any, may qualify. The rest of the state right-of-way (other than the area at Fairview) is required to be maintained by the abutter. Chairman Tatoian suggested a spot may be at the Oliver Road triangle. Mr. Alsbaugh stated another place could be the state right of way where the northern historic district sign is.
Mr. Alsbaugh summarized that the Commission might consider having a joint meeting with the Beautification Committee, should come up with some policy or guidelines for such signs and physically survey the district for other potential Adopt-A-Spots. The Commission needs to make it clear to the Beautification Committee that there are only certain locations within the District that would be eligible to be an Adopt-A-Spot.
Ms. Marie Troiano asked about the area near Oliver Road and if someone wanted to put up a sign. Mr. Alsbaugh stated they would have to come to the Historic District Commission by state statute.
Mr. Alsbaugh stated this sign process has been informal to date. He noted the Commission has the authority to bring into conformance any signs that may have inadvertently by-passed the HDC.
Chairman Tatoian stated such signs could be addressed in the guidelines. Mr. Alsbaugh stated the Commission can discuss possible criteria, minimum standards and whether a full permit or only a report to the Commission would be required.
Mr. Alsbaugh stated the Beautification Committee is aware of the concerns of the Commission.
Mr. Meyer brought up the replacement of the historic district sign on the south end of town. Mr. Alsbaugh discussed what has occurred in the past regarding this sign including the lack of communication from the sign maker regarding replacement. The statute of limitations on filing with the insurance company has passed and now the money has to come from the town budget. Mr. Alsbaugh will get a definite answer from the Town Manager regarding this sign. He will ask the Town Manager if he can approve the funds or if it should be put on the Town Council agenda for a decision.
* Guidelines
Chairman Tatoian brought up the guidelines and noted the flow of the subcommittee meetings stopped. He suggested these meetings be reinstated. Mr. Meyer stated the biggest issue was items for sale within the district that might have been on state property. Mr. Alsbaugh stated the issue of authority has been resolved. The Commission has the authority by statute, by DOT policy and by local ordinance.
Mr. Meyer stated the feeling was once the guidelines were completed that there would be notices sent out to the homeowners in the district indicating any changes. Mr. Alsbaugh stated the Commission will have to have a public hearing process to add actual guidelines to the ordinance. The Commission has the authority to create formal guidelines. The Council has the authority to create the ordinance.
Chairman Tatoian stated there was some discussion of producing a booklet such as was done by the Town of Suffield consolidating the regulations. That booklet would then be sent to the property owners. Mr. Alsbaugh stated the Commission wanted to formalize some clear criteria and procedures within the guidelines so that people would not be confused about what they have to do.
Mr. Alsbaugh stated the Commission gave him a beginning document that still needs to be refined and he has not done that. The consensus of the Commission was to schedule a meeting of the guideline committee on February 6 at 1:30 p.m. at the Thompsonville Room in the Town Hall. Committee members include Lillian Troiano, Nancy Smyth, Richard Tatoian and Russ Meyer.
Mr. Alsbaugh gave a brief summary of the process to be followed. He noted Historic District Commissions are enabled by state statute, allowing the legislative body to create the local ordinance and commission. Once that is done, the Commission is allowed to produce guidelines. The purpose of guidelines is to make it clearer for residents as to how things operate. A commission can make them as vague or as inclusive as they want. This Commission has leaned toward making them clear and at the same time enumerating the instances where an activity is acceptable as normal maintenance as long as it falls within certain criteria in the Guidelines. You would then not have to come to the Commission for a full permit but simply report the activity to the staff for record keeping purposes.
Ms. Marie Troiano asked if the Commission can regulate the color of houses. Mr. Alsbaugh stated color is specifically excluded within the state statutes. Some discussion followed on whether roof colors could be regulated.
ANNUAL ELECTION OF OFFICERS (delayed from September of 2006)
Regular Members Chairman Richard Tatoian, Russ Meyer, Nancy Smyth and Marie Troiano participated in the vote regarding election of officers.
Ms. Lillian Troiano nominated Nancy Smyth for Clerk. Mr. Meyer seconded the nomination. Nominations were closed and Nancy Smyth was elected Clerk of the Enfield Historic District Commission by a 4 – 0 – 0 vote.
Ms. Nancy Smyth nominated Russ Meyer for Vice Chairman. Mr. Tatoian seconded the nomination. Nominations were closed and Russ Meyer was elected Vice Chairman of the Enfield Historic District Commission by a 4 – 0 – 0 vote.
Mr. Russ Meyer nominated Richard Tatoian for Chairman. Ms. Smyth seconded the nomination. Nominations were closed and Richard Tatoian was elected Chairman of the Enfield Historic District Commission by a 4 – 0 – 0 vote.
Discussion: HDC#309 – Pending Order to Restore, 1443 Enfield Street
Mr. Alsbaugh stated what has occurred is the Commission made a decision that there were violations at 1443 Enfield Street and stipulated the restoration that was required with a time limit of when the restoration was to occur. Such restoration did not occur. Mr. Alsbaugh stated the Commission has to decide whether they want to go straight to enforcement or discuss other options. Mr. Alsbaugh noted something that is relevant to this restoration order is the work done at the Pearl Street Library. He has a diagram of the Library’s internal gutter system design that could be offered to the owner of 1443 Enfield Street to understand how the system is put together and how it should function.
Chairman Tatoian stated there were violations with respect to the property at 1443 Enfield Street. The property owner was notified of these violations and the work has not been done. The Commission now has various options to pursue in response to this failure to correct. Mr. Alsbaugh discussed the procedure the Commission has to follow this evening.
Chairman Tatoian stated a letter was sent to the property owner in October, 2005. He asked if Mr. Alsbaugh ever heard anything back. Mr. Alsbaugh stated he has never gotten a response nor has he seen anything occur on the property. The file includes the decision letter with the green card indicating the certified letter was received.
Chairman Tatoian asked if any work has been done. Mr. Alsbaugh stated the owner was not supposed to do anything until he submitted a plan of restoration to Mr. Alsbaugh for review and approval.
Chairman Tatoian noted one option is the Town Attorney bringing an enforcement action. Another option would be sending a follow-up letter to the owner giving him thirty days or the Commission will take enforcement action. Mr. Alsbaugh stated the Commission could offer assistance to the owner about the internal gutter system. He recommended a distinct time limit be included if that was decided.
Chairman Tatoian stated the time limitation should be thirty days since the owner was told in 2005 that he had a year to complete the restoration.
Mr. Alsbaugh reminded the Commission that this will be a formal motion and vote. He recommended including a time period within which work must occur or the Commission will exercise their authority and proceed with enforcement. He had a concern that a decision to send a letter first be cleared by the Town Attorney about whether there might be issues that would make the Commission vulnerable.
Mr. Meyer stated the first application for this property was made in l989. That was seventeen years ago and nothing has happened and the house has continued to deteriorate. If a letter is sent giving thirty days, Mr. Meyer would think that the letter would be very strong that the Commission expects the violations to be corrected.
Chairman Tatoian stated the other option would be to leave it in the hands of the Town Attorney since the owner has not been responsive to the Commission.
Mr. Alsbaugh stated the Commission needs to vote on whether to pursue options. They should go into Executive Session if they want to talk about enforcement by the Town Attorney.
Chairman Tatoian made a motion, seconded by Ms. Smyth that the Commission pursue options other than proceeding directly to enforcement in the matter of HDC#309 – 1443 Enfield Street. The motion was approved by a 5 – 0 – 0 vote with Alternate Gwozdz voting.
Mr. Alsbaugh stated with this vote the Commission has postponed the formal decision on enforcement. He suggested the Commission discuss the other options.
Mr. Meyer stated one of the options is to proceed legally. Mr. Alsbaugh stated the Commission voted on discussing other options rather than going directly to enforcement. The Commission has to discuss what, if any, other options besides moving directly to enforcement the Commission wants to consider at this time.
Chairman Tatoian stated the options are to send a letter to the owner asking him to contact the town. Ms. Marie Troiano stated another option would be to do nothing. Chairman Tatoian stated he is not supportive of either option.
Mr. Meyer stated there is a need to consider what impact this will have on the Historic District. Mr. Gwozdz saw a need to be consistent. In his opinion, the letter giving thirty days would be the safest route. It would be the last warning notice prior to enforcement.
In response to the commission’s concern about the length of time given to contact the commission, Mr. Alsbaugh noted the Commission could consider shortening the thirty days to another time limit such as ten days.
Chairman Tatoian stated the Town Attorney would probably send a letter to the property owner as part of the court process. Some discussion followed.
Mr. Meyer felt sending a letter with a thirty day time limit would only accomplish giving the property owner more time rather than taking action immediately.
Chairman Tatoian noted over the entire time limit the owner never contacted Mr. Alsbaugh.
Mr. Alsbaugh stated the procedure to remedy a violation is contained in statute and local ordinance. Commissions usually include in the letter of decision that the violator has 15 days from the date of publication of the decision to appeal so that the property owner is aware of their rights and the appeals process. This is done as a courtesy and also to make sure that the town is covered for related legal liabilities.
Ms. Marie Troiano stated she would feel better at this point if the owner got a letter saying this matter is now being handed over to the Town Attorney. This would let the owner know the Commission is pursuing legal action.
Mr. Alsbaugh stated that is within the framework of executive session. The Commission needs to consider any other options they want to consider and bring them to a vote. The Commission has discussed the option of a letter. They can discuss other options.
Chairman Tatoian asked if anyone has any other options to put to a vote. Some discussion followed on the option of sending a letter and the need to vote on that option.
Mr. Gwozdz made a motion, seconded by Mr. Meyer, to send a letter to the property owner at 1443 Enfield Street indicating a time extension.
Mr. Gwozdz again expressed his concern that the Commission be consistent in their action.
Mr. Meyer questioned if Roger Ingraham is the real property owner. Chairman Tatoian stated that can be checked.
The motion was denied by a 0 – 5 – 0 vote with Alternate Gwozdz voting.
EXECUTIVE SESSION – Matters regarding pending litigation, specific employees, acquisition of real estate, and/or matters exempt from disclosure requirements, as needed. The specific reason should be stated for each session.
HDC#309 – pending order to restore, 1443 Enfield Street
Chairman Tatoian made a motion, seconded by Mr. Meyer, to go into Executive Session to discuss possible legal action concerning HDC#309 – 1443 Enfield Street. The motion was approved by a 5 – 0 – 0 vote and the Commission went into Executive Session at 8:45 p.m.
Ms. Smyth made a motion, seconded by Mr. Meyer, to come out of Executive Session. Following a 5 – 0 – 0 vote, Executive Session ended at 8:58 p.m.
Chairman Tatoian made a motion to authorize Roger Alsbaugh to prepare a letter to the Town Attorney under the Chairman’s signature requesting enforcement for 1443 Enfield Street. As part of the letter, there will be a statement that the Commission would prefer to send a letter to the property owner informing him that the Commission intends to proceed with enforcement. That letter will be sent if the Town Attorney agrees that it is proper. Mr. Meyer seconded the motion and it was approved by a 5 – 0 – 0 vote with Alternate Gwozdz voting.
ADJOURNMENT
Mr. Meyer made a motion, seconded by Mr. Gwozdz, to adjourn. Following a unanimous vote, the Commission adjourned at 9:00 p.m.
Respectfully submitted,
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Nancy Smyth, Clerk
Enfield Historic District Commission
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