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NOTICE OF ACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, NOVEMBER 21, 2002 - 7:30 P.M.
ENFIELD TOWN HALL - COUNCIL CHAMBERS
820 ENFIELD STREET - ENFIELD, CT
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AGENDA
THE MEETING WILL ADJOURN AT 11:00 P.M.
REGULAR MEETING 7:30 P.M.
1. Call to Order & Pledge of Allegiance - Chairman James Howard called the meeting to order at 7:30 p.m.
2. Roll Call - Chairman James Howard and Commissioners Anthony DiPace, Charles Duren, Robert Egan, James Hickey, Jr., Karen Krebs, and Jeffrey Cooper, Alternate, were present.
3. Approval of Minutes - November 7, 2002 - Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of November 7, 2002. The Minutes were approved by a 7 - 0 - 0 vote.
3. Correspondence - Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the appointment of Joseph Jedynak as the CRCOG member and Anthony DiPace as the Alternate. The motion was approved by a 7 - 0 - 0 vote.
5. Commissioners Correspondence
6. PUBLIC HEARINGS Continued from November 7, 2002 meeting
a. PH #2341 - Application for a Special Use Permit to allow an accessory coffee shop in an existing bicycle shop at 270 Enfield Street, Zoned BL, Map 34, Lot 161, State Line Cycles, owner/applicant. (Must close by December 12) - This public hearing was closed.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2341, application of State Line Cycles for an accessory coffee shop. The motion was denied by a 0 - 7 - 0 vote. (This application was denied without prejudice and the applicant may reapply at a later date.)
b. PH #2347/SPR #1196 - Application for a Special Use Permit to allow a modification to a non-conforming use for the construction of a bank building with drive-through window at 73 Hazard Avenue, at the northwest corner of Palomba Drive, property zoned BL, Map 56, Lot 6, Tolland Bank, applicant; Joseph J. Seremet, Jr., owner. (Must close by December 12) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner DiPace, to approve PH#2347/SPR#1196 - Application for a Special Use Permit to allow a modification to a nonconforming use for the construction of a bank building with drive-through window at 73 Hazard Avenue, at the northwest corner of Palomba Drive, property zoned BL, Map 56, Lot 6, Tolland Bank, Applicant; Joseph J. Seremet, Jr., Owner. This approval is subject to conformance with the referenced plans as contained in the memo from Jose Giner dated November 19, 2002 as may be required to be modified by this motion, and the following conditions:
Conditions to be met prior to signing of mylars and certificate:
1. All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
3. The Public Hearing file number "PH 2347/SPR#1196" shall be displayed prominently on all final plan sheets either in the title block or in the area around it.
4. A schedule and description of responsibility for maintenance of the storm water system shall be on the mylars.
5. In lieu of widening, the final plans shall indicate that the common driveway to the north of the drive-through shall be striped and signed as a fire lane "No Parking" area and shall be a minimum of 22' wide.
6. The final plans shall indicate that two double faced "No Parking Fire Lane" signs shall be placed at the edges of the landscaped island located to the west of the proposed new building.
7. The final plans shall show the addition of a fire hydrant adjacent to the property in a location to be coordinated with the Town Engineer, the Fire Marshal and the Hazardville Water Company.
8. The detail for the monolithic curb and walk on the final plans shall be revised to indicate a reveal of six inches.
9. All the details which call out "process aggregate (gravel)" shall be revised to "process aggregate (crushed stone)."
10. The typographical error on sheet 6 of 6 which states the Project Dates with project completion before the start of construction shall be corrected.
11. The conditions of this approval shall be incorporated on to the final mylars submitted.
Conditions to be met prior to the issuance of permits:
12. One set of final mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission. The signed mylars shall be filed with the Town Clerk prior to the Special Permit becoming effective.
13. Final Fire Marshall approval shall be obtained.
14. 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.
15. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
16. The applicant shall post a bond for Site improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town Attorney.
17. A Separate Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
18. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
19. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit to the Planning Director, final plans in a digital format prescribed by the Director.
20. All traffic and fire safety signage shall be installed prior to the issuance of the certificate of zoning compliance.
General Conditions:
21. All individual signs must obtain permits after review of plans that comply with current sign regulations.
22. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
23. 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.
24. A building permit for the construction of facilities as approved must be obtained November 21, 2003 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
25. By acceptance of this permit and conditions, the applicant, land owners, and their successors and assigns 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.
The motion was approved by a 7 - 0 - 0 vote.
READING OF THE LEGAL NOTICE
7. PUBLIC HEARINGS - NEW
a. PH #2349 - Application for a modification to an existing Special Permit to allow the replacement and enlargement of existing decks at Nutmeg Village Condominiums located at 288 Broad Brook Road, Zoned R-88, Map 88, Lot 114, Nutmeg Village Condominium Association, Inc. applicant/owner. (Must close by December 12) - This public hearing was closed.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2349, application for a modification to an existing Special Permit to allow the replacement and enlargement of existing decks from 6'8" to 8'10" at Nutmeg Village Condominiums located at 288 Broad Brook Road. The motion was approved by a 7 - 0 - 0 vote.
b. PH #2354 - Application for a Special Use Permit to allow the unmerging of one lot containing 16 lots of record into 4 lots under Section 3.20.2 of the regulations for property located on Kalish and Bernardino Avenues, Zoned R-33, Map 34, Lot 78, J&L Builders, LLC applicant/owner. (Must close by December 19) - This public hearing was continued to December 5, 2002.
c. PH #2357 - Application for a 4 lot subdivision for property located on Kalish and Bernardino Avenues, Zoned R-33, Map 34, Lot 78, J&L Builders, LLC applicant/owner. (Must close by December 19) - This public hearing was continued to December 5, 2002.
8. Old Business
a. Bond Releases
1. PH #2086 - Request for release of $3,200 Landscaping Bond for Bank of Boston ATM Kiosk at Stateline Plaza. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the landscaping bond in the amount of $3,200 for the Bank of Boston ATM Kiosk at Stateline Plaza. The motion was approved by a 7 - 0 - 0 vote.
2. PH #2040 - Request for release of $8,888 Landscaping Bond for George A Colli, Jr., Your Home LLC, Katie Lane Subdivision (off Hazard Avenue). - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the landscaping bond in the amount of $8,888 for George A. Colli, Jr., Your Home LLC, Katie Lane Subdivision (off Hazard Avenue). The motion was approved by a 7 - 0 - 0 vote.
3. ph #2198, 2199, 2200/IW #323 - Request for partial release of the erosion and sediment bond for Birch Hill Development Phase II, off Abbe Road, Bob DiGennaro, applicant. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to release the $57,900 erosion control bond for Birch Hill Development Phase II off Abbe Road, Bob DiGennaro, Applicant, per a recommendation from the Engineering Department dated November 21, 2002. The motion was approved by a 7 - 0 - 0 vote.
9. New Business
Applications to be accepted:
PH #2358/#2359 - Application for Resubdivision and for a Special Use Permit for Rear Lot In An Open Space Subdivision at 340 Elm Street, Zoned R-44, Map 74, Lot 237, Jeffrey Buckley, applicant, Francis D'Aleo, owner.
PH #2360 - Application for Special Use Permit FOR Home Occupation/Professional Office Use with 2 Non-Resident Employees at 55 Sharren Lane, Zoned R-33, Map 62, Lot 97, Neal Peterson, owner/applicant.
10. Other Business
a. Proposed Change of Enfield Planning and Zoning Commission By-laws ARTICLE VIII - MEETINGS - Section 1. Regular Meetings will normally be held on the first and third Thursday of each month at 7:30 7:00 p.m. at the Town Hall but shall be consistent with the meeting schedule filed with the Town Clerk. (Requires a 2/3 vote) - It was the consensus of the Commission to leave the 7:30 p.m. meeting time as is and reconsider a time change in January, 2003.
b. Proposed dates of meetings for 2003 - Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the 2003 meeting dates as amended at the previous meeting. The motion was approved by a 7 - 0 - 0 vote.
11. Adjournment - Next Meeting - Thursday, December 5, 2002 - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to adjourn. Following a unanimous vote, the Commission adjourned at 8:35 p.m.
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