ENFIELD HISTORIC DISTRICT COMMISSION

MINUTES OF A REGULAR MEETING

FEBRUARY 28, 2007

A Regular Meeting of the Enfield Historic District Commission was held on Wednesday, February 28, 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

Roman Polaski

Marie Troiano (arrived at 7:07 p.m.)

Lillian Troiano, Alternate

Raymond Gwozdz, Alternate

ALSO PRESENT: Roger Alsbaugh, Assistant Town Planner

MINUTES

Mr. Meyer made a motion, seconded by Ms. Lillian Troiano, to approve the Minutes of January 24, 2007. The Minutes were approved by a 5 – 0 – 0 vote.

Mr. Alsbaugh noted that Lillian Troiano and Nancy Smyth need to get in touch with the Town Manager to resubmit their applications for re-appointment to the Commission.

DISCUSSION ITEMS

· ID Tags for Commission Members

Mr. Alsbaugh stated an HDC memo has been sent through his superior, Mr. Giner, to the Town Manager regarding identification tags for Commission Members. Assistant Town Manager Dan Vindigni had recommended contacting the Health Department because they have an identification card machine. Mr. Vindigni suggested someone from the Health Department might be able to come to a meeting for each of the commissions and do the photo cards. As soon as Mr. Alsbaugh hears something back from the Town Manager’s Office, he will let the Commission know.

Mr. Meyer asked if there was a feeling that such identification tags would go forward. Mr. Alsbaugh stated Mr. Vindigni thought it was a good idea. He brought up the suggestion about the Health Department and the Town Manager was present. It was decided that Mr. Alsbaugh should go through administrative channels. Mr. Giner thought it was a good idea but he wanted to look at it across the board and see if the other boards and commissions of the town should do identification tags at the same time.

Mr. Alsbaugh stated the proposal is a photo-identification for each member of the Commission. It will be something like the sample Mr. Alsbaugh presented in the meeting packet, which was a preliminary design for the Enfield Zoning Board of Appeals. This Commission’s tags would be similar and the wording would be modified to meet their requirements. The Town Seal would also be added to cards for all boards and commissions.

Chairman Tatoian asked if town officials have such id tags. Mr. Alsbaugh stated employees have emergency management id cards which came about after 911. The Health Department and the Building Department have id cards but there is a need for some consistency across the board.

Mr. Alsbaugh will report back to the Commission on the outcome of the id tags in the near future.

· ‘Adopt-A-Spot’ Signs

Mr. Alsbaugh stated he found a lot of information but none of it answers the question of how the program is managed. He was told by Jeff Bord, the town signatory for entering into agreements for Adopt-A-Spots, that there is a set of criteria for deciding upon the spots and their design. Mr. Alsbaugh was unable to find such criteria but did find some criteria related to the Keep America Beautiful Program, a Federal cost-benefit analysis litter reduction program created in the mid 1980’s.

Mr. Alsbaugh stated his memo explains the attachments and the information he was able to accumulate. The information noted that a list of locations eligible to be adopt-a-spots was created but Mr. Alsbaugh has been unable to find such a list. He did talk with the purveyor who has been doing the signs, and the sign design they have been using was supposed to be a single pole sign using 4x4 pressure treated lumber with the dimensions that are noted in the enclosed material. They have always used a pressure treated pole but a plastic sleeve and cap can be put over any of the signs in the Historic District. Mr. Alsbaugh stated this Commission is going to have to decide if the design being used is appropriate for the District. If it is, the Commission should vote on it and communicate their decision to the Enfield Beautification Committee.

Mr. Alsbaugh stated the sign presented is supposed to be the only sign used for Adopt-A-Spots. It was implemented originally for the Keep America Beautiful Program. This program was nationwide and was based on a cost benefit analysis to justify litter pickup programs across the nation. The local Adopt-A-Spot sign program has developed into something separate from that original concept.

Chairman Tatoian asked if they want to put this sign on those areas that Mr. Alsbaugh recommended. Mr. Alsbaugh stated the list he provided a preliminary list of his recommendation of possible areas where Adopt-A-Spot signs might be appropriate within the Historic District. A decision on those recommendations and a final list will come from this Commission.

Chairman Tatoian asked if the procedure would be that the Beautification Committee would put a sign there (at each location) looking for someone to adopt those spots. Mr. Alsbaugh stated the procedure for adopt-a-spots goes through the Town Manager’s Office to the Beautification Committee, but he was unsure how they solicit ‘adopters’. He did note that the information regarding the program is on the town web site. If the Commission wants to adjust the master list of adopt-a-spot locations by adding the District locations under discussion, Mr. Alsbaugh would write a memo from the Commission formalizing the Commission’s acceptance of the latter (and also any sign option that may be decided is appropriate for the Historic District) and convey that information to the Beautification Committee. The Town Manager’s Office and Beautification Committee would then be aware that there are now processes and criteria for the Adopt-A-Spot program in the Enfield Historic District.

Mr. Meyer noted the drawing presented indicates the size of the sign must be 48” high, 24” long and 18” wide. He asked if the signs must meet these requirements and nothing else would suffice. Mr. Alsbaugh stated the standard size of the sign probably reflects a wish to keep costs to a minimum.

Mr. Meyer stated if you have a corner with low shrubs, a 48” sign is not going to look good and he asked if the sign could be lower. Mr. Alsbaugh stated 48” is most likely the compromise of what would strike a balance between winter weather impacts and longevity of the signs. That does not mean the Commission can not request a lower design height.

Mr. Meyer asked if the Commission approves the list of spots in the District under discussion, can the Beautification Committee then go out and sell these areas. Mr. Alsbaugh stated they already have the authority to go out and sell. The purpose of the proposed list was to anticipate any potential problems in the local district by saying these are the places the Commission finds acceptable. The Commission would be saying we want to work with you and we understand that you have a stock option for people and as long as it has the sleeve and the cap for the Historic District, there is no issue with it.

Chairman Tatoian asked if a sign is installed once a spot is adopted. Mr. Alsbaugh stated there is a review process (see materials in packet), a contract is signed and the sign is placed on the spot. There is also a cost of $100 to cover the cost of materials and fabrication.

Mr. Gwozdz asked if the Historic District could have a sign other than the standard sign. Mr. Alsbaugh stated that is always a possibility as the Commission has final design control. Mr. Gwozdz would like to see (a standard sign design) that would be inclusive of the Commission concerns for Enfield Historic District.

Chairman Tatoian and other Commission members were not enthused about the design or height of the present Adopt-A-Spot signs. Mr. Alsbaugh stated if the Commission has a design request, they should make it at this time. Chairman Tatoian stated he doesn’t like this sign being 48” high. He would like to see a sign more fitting and he proposed a smaller sign in white with some lettering that is more discreet.

Mr. Alsbaugh stated as far as sign materials, there is a need to consider sign longevity by a road side. He noted the increased use of chemicals rather than sand during the winter months and this will affect the signs.

Mr. Gwozdz asked if a sign gets damaged, who is responsible for replacing it. Mr. Alsbaugh stated he believed the town would do so under their insurance carrier as was to be done with the southern District sign.

Mr. Alsbaugh recommended any communication to the Beautification Committee should include the fact that the Commission wants to talk to them about a more appropriate sign for the District and is presenting a list of the spots they find acceptable within the District. There should also be ground rules that if a spot is not maintained, it must be removed.

Mr. Meyer would like to request that the Beautification Committee come and talk to this Commission. Mr. Alsbaugh stated he has previously informed the EBC Chairman, Mrs. Cross about this request but has not formally scheduled such a meeting.

Ms. Marie Troiano asked if the Commission has to allow Adopt-A-Spots in the District. Mr. Alsbaugh stated they do not have to be allowed and the Commission could theoretically require the removal of the current sign. Chairman Tatoian noted the one existing Adopt-A-Spot site in the District is at Fairview Ave. on Enfield St. Some discussion followed on the present condition of this spot. Mr. Alsbaugh noted there is a sensitivity issue because of what this spot is commemorating. Public Works has already made an offer to approach the Beautification Committee and the people who signed a contract for the spot to let them know that the process for DOT encroachment permits has not been followed and that things need to be adjusted. Mr. Alsbaugh stated how it is done will be as important as doing it.

Ms. Troiano felt to have other spots in the District in addition to the one existing may mean there will be a hodge-podge of whatever the spot sponsors decide to plant.

Chairman Tatoian asked what is commemorated by the present Adopt-A-Spot in the District. Mr. Alsbaugh responded the person that was struck by a car on Enfield Street. The contract for this spot runs for a year but there is no concept within the program that limits the time of anyone’s involvement in any given spot. Ms. Troiano stated the Commission is concerned about signage in the District. She cannot see approving something in various locations like the present sign design that the Commission considers to be unattractive.

Chairman Tatoian asked if there is any supervision by the Beautification Committee as to what is planted in these spots. Mr. Alsbaugh stated they provide recommendations and review what is ‘appropriate’ but he has not been able to find a true set of criteria for an appropriate spot or an appropriate design.

Mr. Polaski brought up the salary and benefits listing on the last page of Mr. Alsbaugh’s memo. Mr. Alsbaugh stated he doubts that position was ever created. This was in the Keep America Beautiful / Adopt-A-Spot file of Public Works. As far as he can tell, it was a preliminary review of how the system might work in Enfield and included the position within a recommended budget. Mr. Alsbaugh doubts if it ever went beyond the preliminary stage.

Mr. Polaski noted none of the Commission members are thrilled about the style of the present Adopt-A-Spot sign. He recommended asking for some latitude here and could a sign be redesigned for the District which is lower and more demure. Mr. Meyer noted there is a big hesitation by many of the Commission members about where such signs are to be located. He suggested the proper route might be to not consider any of the spots. If there is a suggestion, let them come to the Commission on a one-to-one basis and the Commission can discuss it.

Mr. Alsbaugh summarized the response of the Commission to be: that the Commission is not satisfied with the current activity or designs for the activity within the local district. He will let the Beautification Committee know what is occurring should not be and what is proposed is not acceptable. The Committee needs to meet with this Commission to discuss the potential locations and an acceptable sign design. Mr. Alsbaugh noted there is still the issue of the existing sign. He asked if the Commission wants to say this site is not acceptable and there is a need to talk about what will be acceptable.

Mr. Polaski stated the Commission is not singling out one particular sign but is concerned about all of them. Mr. Alsbaugh stated the sign on Fairview is the only sign and if this one generates the interest and controversy, then they are going to come back unfairly to the Commission as the problem maker. Mr. Polaski noted the sign site has not been maintained. Mr. Alsbaugh stated the Commission is considering having some ground rules and if a site is not maintained, the town will remove it.

Marie Troiano asked if the Commission can implement something that says going forward anyone who comes to the Beautification Committee with an agreement that they want to adopt a sign also has to come to this Commission for approval. Mr. Alsbaugh noted that this would be another layer of bureaucracy and if the Commission can avoid requiring people to come here by setting ground rules for what is acceptable, the Commission will get the desired result with less friction. There is a built-in reluctance to oversight on the part of many property owners that the Commission has to accept as a reality; they need to see if preservation goals can be accomplished in some instances without having property owners come before the Commission.

Mr. Alsbaugh recommended having the ground rules up front to avoid a second layer and make it easier for people.

Mr. Polaski would like to see the person in charge of the Beautification Committee come before this Commission in order to have the details worked out prior to July when the present contract in the District expires.

Mr. Alsbaugh stated perhaps the Commission can let the specific issue of the existing site work its way out by July and at the same time come up with any inter-agency agreements and decisions prior to that. When it does come up, the Commission can say this is what needs to be done. There is a method for achieving compliance now because Public Works can say the DOT permit process was never fulfilled.

Lillian Troiano asked if anyone has looked into how other towns resolve this situation. Mr. Alsbaugh stated he has not researched it but he assumes the correct way is exactly what is being done now. The only problem is it was not done before. The proper procedure would be to come up with something acceptable to the Commission to allow this program to proceed within the local Historic District. The town can support the program to any degree they wish but they cannot force it upon the local historic district. The district has the authority and is statutorily compelled to determine what is acceptable within the local district. The Commission is doing the right thing. They are finding out what happens, how it happened, what process was followed, what is going to be considered appropriate and then the communication between the agency, the Commission, and the Beautification Committee to let them know what the Commission is looking for. Mr. Alsbaugh recommended coming up with options so that people don’t have to worry about finding out whether what they are proposing is going to be acceptable.

Lillian Troiano would like to see some type of specific plantings in addition to the sign. She suggested something that looks good year round or the addition of shrubbery along with the flowers. Mr. Alsbaugh stated there is a limited contract so if you are talking about anything permanent in the planting site, it would conflict with the premise of a year long contract. Ms. Troiano suggested the planting of perennial flowers.

The Commission would like to know what these Adopt-A-Spots are supposed to look like during the winter. Mr. Meyer read from the present contract and noted it doesn’t say what they are supposed to put in it or how it is supposed to be maintained. Mr. Alsbaugh stated there is a review process performed by the Beautification Committee but it does not clearly lay out criteria and design requirements.

Lillian Troiano asked who qualifies to adopt a spot. Mr. Alsbaugh stated he assumes anyone does. It was supposed to be a beautification concept and a litter reduction program. The idea was that you are supposed to maintain your plantings and also police the spot and keep it clean. Further discussion followed on the Keep America Beautiful program.

The consensus of the Commission was to meet with a representative of the Beautification Committee for further discussion. Mr. Alsbaugh will schedule this for the March meeting. Mr. Alsbaugh will compile a memo to reflect the basic discussion tonight so that Mrs. Cross and the Beautification Committee can have something to respond to at the next meeting.

· Southern Local Historic District Sign

Mr. Alsbaugh stated he sent a memo to the Town Manager about the historic district sign in the south end of town and, hopefully, that will make its way to a resolution. Mr. Polaski expressed concern about the length of time this sign has been down.

Some discussion followed about the possible movement of the sign located at the north side of the District. Mr. Alsbaugh stated that when the sign location was originally reviewed by the Town and the DOT, it was likely placed in response to safety and sight line concerns. The traffic light and multiple turn controls affect the placement of the sign. The actual location of the northern edge of the east side of the district was discussed (south of the right-of-way containing the on-ramp to 190 east off Enfield Street).

Regarding the location of the southern historic district sign, Mr. Alsbaugh stated it is located in the big island on Oliver Road (intersection with Enfield St.). Chairman Tatoian stated this sign location appears northerly of the Carson house or the Smyth house.

Lillian Troiano stated there was a lot of discussion in the town staff memos about the type of pole that would be used for this sign. She asked if that has been resolved. Mr. Alsbaugh stated it has. The questions about whether it was approved or a break-away-type pole came from people who were not involved the first time around. Ms. Troiano asked if break away means it will break on impact. Mr. Alsbaugh stated the sign at the south end of the district was supposed to be a break away but it was originally cemented in securely. As there is an encroachment permit with the state DOT, Public Works will do whatever is necessary to install the sign correctly in the state right of way.

Marie Troiano asked about the lighting for the District. Mr. Alsbaugh stated the black poles have been installed. It turns out that that was already under discussion at the mayoral and Council level. The reason it generated interest was because it had been discussed and decided prior to this Commission’s initial reaction. The poles have been replaced or painted and are now black. However, they do not resemble the possibilities Mr. Alsbaugh received from Newport, nor was the Commission initially consulted when the poles were first under discussion.

· Report on 1443 Enfield Street

Mr. Alsbaugh noted the Commission has received the communications from the Town Attorney regarding 1443 Enfield Street and a letter went out to Mr. Ingraham. He reported he has not received any response from Mr. Ingraham.

Chairman Tatoian recommended contacting the Town Attorney’s Office to communicate the status of this case and that the Commission did not receive a response. Mr. Alsbaugh stated he will put together something for the Chairman to sign in order to proceed.

Chairman Tatoian asked what the options are. Mr. Alsbaugh stated the matter would be taken to court for remediation. Chairman Tatoian asked if they would be looking to fine the property owner until he complies. Mr. Alsbaugh stated that could be part of the process. There is a statute that involves fine amounts, accumulation, and increases if a violation is willful or intentional.

Chairman Tatoian asked if they can obtain a court order or an injunction to order them to do the work. Mr. Alsbaugh stated yes, but that it then is a function of the capabilities of the property owner and whether the town prevails and whether or not it is appealed.

Mr. Meyer stated when he was on the Planning and Zoning Commission, Zoning Enforcement Officer Wayne Bickley would appear every two months with a list of zoning violations. The Commission at times would direct him to forward the matter to the Town Attorney. Mr. Bickley stated such violations would not be prosecuted because of the time factor involved. Mr. Meyer asked if this is sent to the Town Attorney, would this fall into the same category. Mr. Alsbaugh thought it would get some action because the Commission seldom has asked for enforcement from the Town Attorney’s Office. Chairman Tatoian did not remember anything where there was a violation or where people did work in defiance of being turned down. There have been appeals and one pending but this situation is different. He doesn’t remember the Commission referring something like this for action.

Mr. Alsbaugh felt this is a fairly open and shut case. The actual outcome is going to depend on what a judge decides after hearing both sides of the issue. The Commission produced a hearing and record that was complete and came up with clearly defined violations and what remedies were required.

Commissioner Meyer made a motion, seconded by Mr. Gwozdz, that in as much as Mr. Ingraham, 1443 Enfield Street, has not returned any intent to be in compliance that the Enfield Historic District notify the Town Attorney’s Office to proceed with legal action. The motion was approved by a 5 – 0 – 0 vote.

Mr. Polaski asked about the status of the Enfield Montessori School. Mr. Alsbaugh stated Attorney Slater submitted a brief and the Town Attorney’s Office is preparing a response. The Assistant Town Attorney did request and receive a time extension for this matter. Mr. Alsbaugh has given the Assistant Town Attorney his comments regarding content.

ADJOURNMENT

Mr. Meyer made a motion, seconded by Ms. Lillian Troiano, to adjourn. Following a unanimous vote, the Commission adjourned at 8:00 p.m.

Respectfully submitted,

_________________________

Nancy Smyth, Clerk

Enfield Historic District Commission

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