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NOTICE OF ACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, MAY 15, 2003 - 7:30 P.M.
ENFIELD TOWN HALL - COUNCIL CHAMBERS
820 ENFIELD STREET - ENFIELD, CT
AGENDA
THE MEETING WILL ADJOURN AT 11:00 P.M.
REGULAR MEETING 7:30 P.M.
1. Call to Order and Pledge of Allegiance - Vice Chairman Duren called the meeting to order at 7:30 p.m. (Chairman James Howard is away on military duty.)
Roll Call - Present were Vice Chairman Duren and Commissioners Robert Egan, Karen Krebs, Joseph Jedynak, Alternate, and Anthony DiPace (arrived at 7:55 p.m.)
2. Approval of Minutes - April 17, May 1, 2003 - Commissioner Krebs made a motion, seconded by Commissioner Egan, to approve the Minutes of April 17, 2003. The Minutes were approved by a 4 - 0 - 0 vote.
Commissioner Krebs made a motion, seconded by Commissioner Egan, to approve the Minutes of May 1, 2003. The Minutes were approved by a 4 - 0 - 0 vote.
3. Correspondence
4. Commissioner's Correspondence
5. PUBLIC HEARINGS - Continued from May 1, 2003
a. PH#2375 - Application for a Special Use Permit for conversion of a service station to self serve gas station with convenience store at 126 South Road, zoned BL, Map 66, Lot 1, Shahid Siddiq, Applicant/Getty Petroleum Marketing, Inc., Owner. (Must close tonight). - This public hearing was closed.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2375, Application for a Special Use Permit for conversion of a service station to self serve gas station with convenience store at 126 South Road subject to the following conditions:
1. If any food preparation is to take place on the premises, it will have to come back for a review by Water Pollution Control.
2. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
3. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land Records by the owner of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
4. This approval is for the specific use and structure identified in the application. Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.
5. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
6. A building permit for the construction of facilities as approved must be obtained by May 15, 2004 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.
7. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
8. The hours of operation shall be 6:00 a.m. to 9:00 p.m. seven days a week.
9. Any addition of food preparation to the premises would mean the applicant would have to return to Water Pollution Control for further review.
10. The fire lane shall be painted per recommendations from the Fire Department.
The motion was approved by a 5 - 0 - 0 vote.
b. PH#2379 - Application for a Special Use Permit for the renovation of former bank building to two new retail tenants with reconstruction of parking area and related site work at 9 Hazard Avenue (formerly Webstser Bank), zoned BR, Map 45, Lot 1, Westfield Corp., Applicant/Owner. (Must close by 6/5) - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2379 with the 18 conditions in the memo from Jose Giner dated May 15, 2003. The motion was approved by a 5 - 0 - 0 vote.
READING OF THE LEGAL NOTICE
6. PUBLIC HEARINGS - New
a. PH#2381 - Application for a modification to a Special Use Permit for full-time restaurant and liquor at 23 North Main Street, zoned TV, Map 27, Lot 134, Silvia Salvari Raczeus, Applicant/Owner (must close by 6/19) - This public hearing was closed.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#23381 with the fourteen conditions outlined in the memo from Jose Giner dated May 15, 2003 and with the elimination of Conditions #4 and #5 from the conditions in that memo. Also, the hours of operation shall be Friday, Saturday, and holidays from 7:00 a.m. to 2:00 a.m. and Sunday through Thursday from 7:00 a.m. to 11:00 p. m. Further, no seating is approved for the downstairs and no signage is being approved at this time. All other conditions from the previous approval that are not being modified by this application will remain in full force and effect.
The motion was denied by a 2 - 3 - 0 vote. Commissioners Duren and Jedynak voted in favor; Commissioners Krebs, DiPace and Egan voted nay.
b. PH#2382 - Application for a modification to a Special use Permit for review and approval for exterior seasonal dining, facade improvements, and trash enclosure at 90 Elm Street (Westfield Shopping Towne adjoining Sears), zoned BR, Map 43, Lot 16, Panera Bread, Applicant/Westfield Corp., Owner. (must close by 6/19). - This public hearing was closed.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2382 for a Special Use Permit for exterior dining, façade improvements and trash enclosure at 90 Elm Street, (Panera Bread, Applicant) with the standard conditions of approval and a further condition that the Town Engineer's requirement that the plans be sealed be met. Also, any final approvals with respect to the code issues by North Central Health and Water Pollution Control shall be addressed. The motion was approved by a 5 - 0 - 0 vote.
7. Old Business
a. Bond Releases
1. PH#2113 - Request for release of landscape bond for CVS Pharmacy at 47 Hazard Avenue in the amount of $6,292.50. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve the release of the landscape bond for CVS at 47 Hazard Avenue in the amount of $6,292.50. The motion was approved by a 5 - 0 - 0 vote.
2. Request for de facto release of expired bonds per memo from Finance Director dated December 19, 2002. - No action.
8. New Business
a. SPR#1218 - Application for site plan review for wireless datacomm. Antenna and pole on building at 299 Elm Street (new Senior Center next to Police Station), zoned I-1, Map 75, Lot 102,51) Town of Enfield, Applicant/Owner. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve SPR#1218 for a wireless datacomm antenna and pole on a building located at 299 Elm Street. The motion was approved by a 5 - 0 - 0 vote.
b. SPR#1216 - Application to modernize and renovate the interior only of the building at 47 Pearl Street, zoned TV, Maps 24, Lot 80, Michael Deming, Applicant/Owner. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve SPR#1216, application to modernize and renovate interior only of the building at 47 Pearl Street subject to the following conditions:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
2. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
3. This approval is for the specific use and structure identified in the application. Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.
4. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
5. A building permit for the construction of facilities as approved must be obtained by May 15, 2004 or this approval will be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.
The motion was approved by a 5 - 0 - 0 vote.
c. SPR#1217 - Application for site plan review for interior decorating store and workroom for upholstery and window treatment at 36 Pearl Street, zoned TV, Map 24, Lot 84, Leada and Luis Rivera, Applicants/Frank and Tony Troiano, Owners. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve SPR#1217 with the following conditions:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
2. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
3. This approval is for the specific use and structure identified in the application. Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.
4. This project shall be constructed and maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
5. A building permit for the construction of facilities as approved must be obtained by May 15, 2004 or this approval will be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.
The motion was approved by a 5 - 0 - 0 vote.
9. Other Business
10. Applications to be received
The following applications were received by the Commission:
PH #2383 - Application by Special Plumbing for zone change from R-33 to BL at 544 Hazard Avenue, Zoned R-33, Map 101, Lot 192, Specialty Plumbing applicant/Labis & Goles, owner. - A public hearing will be set for June 5, 2003.
PH #2384/2385 - Application by Artioli LLC for a zone change from BL to BG at 513 through 545 Enfield Street as well as a Special Use Permit for 543 Enfield Street for demolition of building and paving for parking, Zoned BL, Map 33, Lot 257 & 267, Artioli LLC, applicant/owner for PH #2384 & Dan Lunch, owner for #2385. - A public hearing will be set for June 19, 2003.
PH #2386 - Application for a Special Use Permit to allow for 14 amusement machines in Randy's Wooster St. Pizza Restaurant at 130 Elm Street, Zoned BR, Map 57, Lot 329, SEA Enfield Stateline Plaza LLC, owner. - A public hearing will be set for June 5, 2003.
PH #2387 - Application for a minor facade color change at Bobs Stores @ Enfield Commons, 25 Hazard Avenue, Zoned BR, Map 45, Lot 8, SEA Enfield Commons LLC, owner. - A public hearing will be set for June 5, 2003.
PH #2388 - Application for landscape plan facade modification at Brookside Plaza, 10 Hazard Avenue, Zoned BR, Map 56, Lot 22, Gateway Connecticut Properties, Inc., owner. - A public hearing will be set for June 19, 2003.
SPR #1219 - Application by Specialized Technology Resources (STR) for minor modification of plans for generator at 10 Water Street, Zoned I-1, Map 101, Lot 216, STR applicant/owner. - The Director of Planning will handle this application administratively.
SPR #1220 - Application by Marks Motorsports to have a motor sports business at 70 Enfield Street, Zoned BG, Map 35, Lot 45, Marks Motorsports, applicant, Robert Nuger, owner.
SPR #1221 - Application for site plan review for a hair and nail salon at 247 Hazard Avenue (Galaxy Plaza in Hazardville), Zoned BL, Map 83- Lot 53, Tan Lam, applicant, Raymond Balletti, owner. - The Director of Planning will handle this application administratively if there is no neon lighting included in the application.
SPR #1222 - Application for a site plan review for a walk in refrigerator/freezer for Country Diner (Rear) at 111 Hazard Avenue, Zoned BP, Map 65, Lot 67, Joseph Ravalese, applicant/Colli Management LLC, owner.
SPR #1223 - Application for a site plan review for modification of parking and entrance at 71 Hazard Avenue, Zoned BL, Map 56, Lot 36, Toner & Roberts, applicant/owners.
11. Adjournment - Commissioner Krebs made a motion, seconded by Commissioner Jedynak, to adjourn. Following a 5 - 0 - 0 vote, the Commission adjourned at 10:02 p.m.
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