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NOTICE OF ACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, SEPTEMBER 19, 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 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., Nicles Lefakis, Karen Krebs, Jeffrey Cooper, Alternate, and Karen Weseliza, Alternate, were present.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to amend tonight's agenda and add a report from REACT prior to Staff Comments. The motion was approved by a 7 - 0 - 0 vote.
3. Approval of Minutes - September 5, 2002 - Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of September 5, 2002. The Minutes were approved by a 6 - 0 - 1 vote. Commissioner DiPace abstained.
4. Presentation by Robert Tanguay regarding REACT
The Commission directed Mr. Giner to draft a letter of support from this Commission to REACT.
5. Staff Comments
6. a. Director of Planning & Community Development
7. Correspondence
8. Commissioner's Correspondence
9. PUBLIC HEARINGS - Continued from July 31, 2002 meeting:
a. PH #2327 - Application for a modification of a Special Use Permit for façade changes to an existing Kentucky Fried Chicken Franchise located at the Brookside Shopping Plaza at 16 Hazard Avenue Zoned BR, Map 56, Lot 22, Springfield Food Systems, Inc. Applicant/owner. (Must close tonight) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2327, application for a modification of a Special Use Permit for facade changes to an existing Kentucky Fried Chicken Franchise using Option 3 that was presented to the Commission on September 19, 2002 updated 9/19/02 changing the front elevation to east elevation, changing the right elevation to north elevation, the south and west elevations should be consistent with the color scheme and design of the plan dated 9/19/02 and the final plan should be acceptable to the Town Planner.
The motion was approved by a 7 - 0 - 0 vote.
Continued from September 5, 2002 meeting:
b. PH #2330 - Application for a 2 lot subdivision at 173 Weymouth Road, Zoned R-33, Map 69, Lot 231, William Flagg applicant/owner. (Must close by October 3 - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve application PH #2330 - Application for a 2 lot subdivision at 173 Weymouth Road, Zoned R-33, Map 69, Lot 231, William Flagg applicant/owner. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans:
"Subdivision Survey Prepared for Weymouth Road, LLC Showing Property at 173 Weymouth Road Enfield, Connecticut. "Scale: 1" = 40'ft., by Sreenath Associates, dated July 8, 2002.
"Concept Grading Plan & Erosion/Sedimen Control Measures" Sheet 2 of 2, by Sreenath Associates, dated July 8, 2002 and revised to 9/3/02.
Conditions to be Met Prior to Signing of Mylars:
1. The final mylars shall have "PH 2330" imprinted on each sheet either in or just above the Title Block.
2. Sheet 1 of 2 Shall contain the new revision date.
3. On Sheet 2 of 2 the word "sedimen" should read "sediment"
4. The Town Engineer shall review and approve the final plans.
5. The final plans shall reflect a sidewalk easement for the existing sidewalk to be given the Town of Enfield.
6. All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
7. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this approval motion shall be incorporated onto the final mylars.
8. The easements for the existing sidewalk shall be submitted, in a form acceptable to the Town Attorney.
9. The applicants have chosen to offer a fee-in-lieu of Open Space. A note shall be placed on the mylars stating that a $3,750 per lot fee is owed to the Town of Enfield prior to the first sale of each lot.
Conditions to be met prior to the issuance of permits or start of construction:
10. Two sets of final mylars, with any required revisions incorporated on the sheets, shall be submitted to signature to the Commission. One set of signed mylars shall be filed with the Town Clerk and one set shall be retained by the planning department. Final plans reflecting the approval of the Commission shall also be submitted in a digital format prescribed by the Director of Planning unless waived by a three-fourths majority of the Commission.
11. Signed mylars shall be filed with the Town Clerk no later than ninety (90) days from the expiration of the appeal period or this approval shall be null and void. The applicants shall provide such mylars to the Planning Department sufficiently in advance of this deadline to allow for review of the plans and the arrangement for the Commission Secretary to sign the mylars. The applicant may request an extension of the filing deadline in accordance with Section 8-25 of the CT. General Statutes. Any extension requests must be received in time to allow the Commission to act on them before the original deadline expires.
12. No Building permits may be issued and no lots may be sold within the subdivision prior to a Final Approval being filed on the Land Records.
13. The existing barn on the property may only be used as an accessory structure to the principal residential building. The barn must be removed by September 19, 2003 or before the issuance of a building permit, whichever comes first.
Conditions which must be met prior to the Issuance of a Zoning Certificate of Compliance:
14. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
15. No certificates of compliance shall be issued until the Water Pollution Control Division has inspected and approved the sewer connections for each lot.
General Conditions:
16. 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.
17. 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.
The motion was approved by a 7 - 0 - 0 vote.
c. PH #2332 - Application for a Special Use Permit for Class 1 permit for beer and wine at a restaurant (El Sarape) at 917 Enfield Street, Zoned BL, Map 26, Lot 78, Eduardo A. Chavez, applicant, Julie Lai, owner (Must close by October 3) - This public hearing was continued to October 3, 2002.
READING OF THE LEGAL NOTICE
8. PUBLIC HEARINGS - NEW
a. PH #2331 - Application for a Special Use Permit for modification of plans previously approved to allow construction of a 7,234 S.F. addition to the existing car dealership building at 20 Palomba Drive, Zoned BR, Map 57, Lot 335, LIA Auto Group, applicant/owner. (Must Close by October 17) - This public hearing was continued to October 3, 2002 since the public hearing sign was not posted as required.
b. PH #2333 - Application for a Special Use Permit for change of a nonconforming automotive repair use at 66 Fletcher Road, Zoned R-88, Map 118, Lot 3, Steven P. Jacques, applicant/owner. (Must Close by October 17) This public hearing was continued to October 3, 2002 pending the receipt of information requested by the Commission.
d. PH #2343/SPR #1185 -Application for conversion to seven unit apartment dwelling at 125 Pearl Street (old Leete Stevens Funeral Home building), Zoned TV, Map 22, Lot 125, Mack Enterprises Inc. applicant; Leete Funeral Home Inc., owner. (Must Close by October 17) - This public hearing was closed.
Commissioner DiPace made a motion, seconded by Commissioner Lefakis, to waive the square footage requirements on the units that are undersized in PH#2343/SPR#1185. The motion was approved by a 7 - 0 - 0 vote.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve PH#2343/SPR#1185, application for conversion to seven-unit apartment dwelling at 125 Pearl Street (old Leete Stevens Funeral Home building) zoned TV, Map 22, Lot 125, Mack Enterprises Inc., Applicant; Leete Funeral Home Inc., Owner, subject to the following conditions:
Conditions to be met prior to signing of plans:
1. All plans submitted 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.
Conditions to be met prior to the issuance of permits:
3. One set of 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.
4. In accordance with Section 16-8.6, the applicant shall also submit to the Planning Director final plans as approved by the Commission in a digital format prescribed by the Director.
5. 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.
6. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
7. 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.
8. 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.
9. 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:
10. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
General Conditions:
11. 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.
12. 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.
13. A building permit for the construction of facilities as approved must be obtained by September 19, 2003 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.
14. 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.
15. The handicapped ramp and railing shall be acceptable to the Town Planner as far as compatibility with the building.
The motion was approved by a 7 - 0 - 0 vote.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, for a recess. Following a unanimous vote, the Commission recessed at 9:55 p.m. The meeting reconvened at 10:10 p.m.
9. Old Business
a. PH #2320 - Application for a rear lot (Lot#11) in a proposed open space subdivision on property off Bridge Lane and Riverview St. (Meetinghouse Lane), Zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc. applicant/Margaret Pappas, owner. (Decision by November 7) - No action was taken by the Commission.
b. PH #2321 - Application for a rear lot (Lot #24) in a proposed open space subdivision on property off Bridge Lane and Riverview St. (Meetinghouse Lane), Zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc. applicant/Margaret Pappas, owner. (Decision by November 7) - No action was taken by the Commission.
c. PH #2319 - Application for a Special Use Permit for 24 lot open space subdivision on property off Bridge Lane and Riverview St. (Meetinghouse Lane), Zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc. applicant/Margaret Pappas, owner. (Decision by November 7) - No action was taken by the Commission.
d. PH #2318 - Application for a 24 lot resubdivision on property off Bridge Lane and Riverview St. (Meetinghouse Lane), Zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc. applicant/Margaret Pappas, owner. (Decision by November 7) - No action was taken by the Commission.
e. Bond Releases
1. PH #2130 - Request for release of $3,000 bond for maintenance for 137 & 139 Weymouth Road, Ken Nelson. - Commissioner Krebs made a motion, seconded by Commissioner Egan, to approve the release of the $3,000 bond for maintenance for PH#2130, 137 and 139 Weymouth Road, Ken Nelson. The motion was approved by a 7 - 0 - 0 vote.
2. PH #1933 - Request for release of $5,478.00 maintenance bond for Woodbrook Estates, George A. Colli, Jr. - Commissioner Duren made a motion, seconded by Commissioner DiPace, to approve release of the $5,478.00 maintenance bond for PH#1933, Woodbrook Estates, George A. Colli, Jr. The motion was approved by a 7 - 0 - 0 vote.
3. SPR #1020 - Request for release of $280.00 landscape bond for First Baptist Church of Enfield, 253 Brainerd Road. - Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve release of the $280.00 landscape bond for SPR#1020, First Baptist Church of Enfield, 253 Brainerd Road. The motion was approved by a 7 - 0 - 0 vote.
10. New Business
SPR #1183 - Application to allow addition of walk-in cooler at rear of restaurant (Pizza Palace) at 524 Enfield Street, Zoned BL, Map 33, Lot 65 James Balis, applicant/owner. (Decision by tonight) - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve SPR#1183 - Application to allow the addition of a walk-in cooler at the rear of restaurant (Pizza Palace) at 524 Enfield Street, zoned BL, Map 33, Lot 65, James Balis, Applicant/Owner. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans:
"Zoning Location Survey property of James Balis, Enfield, Connecticut," Scale 1" = 20', prepared by Schindler Surveys, dated 6/17/02.
Conditions to be met prior to signing of plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The SPR file number "SPR 1183" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the Final Motion with conditions shall be placed on the plans submitted for signature.
Conditions to be met prior to the issuance of permits:
4. 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.
5. Final North Central District Health Department approval shall be obtained.
6. If deemed necessary by the Engineering Division, 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.
7. If deemed necessary by the Engineering Division, the applicant shall post a Separate Erosion and Sediment Control Bond in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
8. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
General Conditions:
9. 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.
10. This project shall be constructed and maintained with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
11. A building permit for the construction of facilities as approved must be obtained by September 19, 2003 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
12. 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.
The motion was approved by a 7 - 0 - 0 vote.
b. SPR #1184/FLD #015 - Application for modification of plans previously approved for adding on to office building at 29 Oliver Road, Zoned I-1, Map 47, Lot 5, Brendan Begley, applicant/owner. (Decision by tonight) - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve SPR#1184/FLD #015 - Application for modification of plans previously approved for adding on to office building at 29 Oliver Road, zoned I-1, Map 47, Lot 5, Brendan Begley, Applicant/Owner. This approval is subject to conformance with the referenced plans included in the memo dated September 19, 2002 from Jose Giner, as may be required to be modified by this motion, and the following conditions:
Conditions to be met prior to signing of plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. A detail section for the parking spaces, proposed in the sanitary sewer easement, shall be added to the plans.
3. The SPR file number "SPR 1184" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
4. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the Final Motion with conditions shall be placed on the plans submitted for signature.
Conditions to be met prior to the issuance of permits:
5. 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.
6. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
7. Final Fire Marshal approval of Building Plans shall be obtained.
8. 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.
9. 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.
10. 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:
11. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
12. The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
General Conditions:
13. 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.
14. No structures may be placed in the sewer easement area.
15. 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.
16. Any changes to the existing vegetation line or other landscaping as approved on the plans will require additional reviews and approvals.
17. A building permit for the construction of facilities as approved must be obtained by July 31, 2003 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
18. 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.
19. The maintenance of the gravel parking area shall be added to the plans.
The motion was approved by a 7 - 0 - 0 vote.
c. SPR #1188 - Application for second used car license for the same property at 767 & 777 Enfield Street, Zoned BG, Map 29, Lot 53, Frank Troiano, applicant / Troiano Realty Corporation, owner. (Decision by October 3) - Commissioner DiPace made a motion, seconded by Commissioner Duren, to approve SPR#1188 for a second used car license for the same property at 767 and 777 Enfield Street. The motion was approved by a 7 - 0 - 0 vote.
11. Other Business
a. Section 8-24 C.G.S. - Referral - Acceptance of Sidewalk Easement in front of 140-148 Elm Street, LIA Volkswagen (PH2310). - Commissioner Duren made a motion, seconded by Commissioner Weseliza, to recommend approval to the Town Council of the sidewalk easement in front of 140 - 148 Elm Street, LIA Volkswager (PH#2310). The motion was approved by a 7 - 0 - 0 vote.
b. Acceptance of Applications
The following applications were accepted by the Commission:
PH #2344 - Application to modify the existing Special Use Permit to include the changes caused by a landtaking by the Connecticut D.O.T. for roadway improvements on 76 Hazard Avenue, Zoned BL, Map 56, Lot 16, ExxonMobil Corporation c/o Bohler Engineering, P.C. applicant/owner.
PH #2345 - Application to amend zoning map to change zoning on 14.64 acre parcel on Mullen Road from Industrial (I-1) to R-33, David Berto, Housing Enterprises, Inc., applicant / Carl and Kimberley Nowik, owners.
SPR #1190 - Application to operate a limited access pharmacy for custodial, assisted living and long ter care patients. We will have very few walk in clients at 7 Anngina Drive, Zoned I-1, Map 82, Lot 56, Drug-Assist Health Solutions, applicant/owner.
SPR #1191 - Application for a nail salon (beauty salon) at 933 Enfield Street, Zoned R-33, Map 26, Lot 29, Chi K le, applicant / Plus Life owner.
SPR #1192 - Application for modification of Plans Previously Approved for construction of 1,150 sq. ft./ea. Of atrium and open air concrete patio to existing facility at 100 Phoenix Avenue, Zoned I-1, Map 46, Lot 1, Retail Brand Alliance (RBA) applicant/owner.
SPR #1193 - Application for construction of a 10 ft. x 18 ft. and 38 ft. x 70 ft. addition at 148 Hazard Avenue for Johnson Memorial, Zoned BP & R44, Map 65, Lot 90, 86, 87, 88 & 89, All-Phase Enterprises, applicant / Johnson Memorial Corporation, owner.
Adjournment - Commissioner Krebs made a motion, seconded by Commissioner DiPace, to adjourn. Following a 7 - 0 - 0 vote, the Commission adjourned at 10:40 p.m.
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Last Modified: 11/4/2004 9:22:22 AM
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