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ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, SEPTEMBER 5, 2002
820 ENFIELD STREET - ENFIELD, CT
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AGENDA
THE MEETING WILL ADJOURN AT 11:00 P.M.
REGULAR MEETING 6:30 P.M.
1. Call to Order and Pledge of Allegiance - Chairman James Howard called the meeting to order at 6:30 p.m.
2. Roll Call - Chairman James Howard and Commissioners Charles Duren, Robert Egan, James Hickey, Jr., Nicles Lefakis (arrived at 6:40 p.m.), Karen Krebs and Jeffrey Cooper, Alternate, were present.
3. Approval of Minutes - July 25 Special Meeting, July 25 Regular Meeting and July 31, 2002 - Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of the July 25, 2002 Special Meeting. The Minutes were approved by a 6 - 0 - 0 vote with Alternate Cooper voting.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the Minutes of July 25, 2002 - Regular Meeting. The Minutes were approved by a 6 - 0 - 0 vote with Alternate Cooper voting.
Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of July 31, 2002. The Minutes were approved by a 5 - 0 - 1 vote. Commissioner Cooper abstained.
4. Staff Comments
a. Town Attorney (in writing only)
b. Zoning Enforcement Officer (in writing only)
c. Director of Planning & Community Development
Following some discussion on when the above staff members should appear in person, the consensus of the Commission was that they appear in person on a quarterly basis.
5. Public Participation
6. Correspondence
7. Commissioner's Correspondence
8. PUBLIC HEARINGS - Continued from July 31, 2002 Meeting
a. PH#2323 - Application for subdivision of 7 frontage lots and remaining land located east of Taylor Road, south of Moody Road, and west of Somers Road, zoned R-44, Map 111, Lot #234, 245 and 246, H.I.O. Trust, Inc. Trustee, Applicant/John and Mary Leveille, John Shlatz, Cybulski Estate, Owners. (Must close by September 19)
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2322 - application for a Special Use Permit/Site Plan Review east of Taylor, south of Moody and west of Somers Road for a 77-lot Senior Residential Development, zoned R-44, Map 111, Lot #234, 245 and 246, H.I.O. Trust, Inc., Trustee, Applicant/John and Mary Leveille, John Shlatz, Cybulski Estate, Owners. This approval is subject to the plans as referenced in the memo dated September 5, 2002 from Jose Giner to the Commission and to 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. A finalized Management Plan based on the one presented at the public hearing shall be offered for staff and Commission review and approval. Any subsequent changes to the terms of the Management Plan shall require the Commission's approval as an amendment to the approved Special Permit.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this motion shall be incorporated in to the final mylars submitted for signature.
4. The Public Hearing file number "PH2322" shall be displayed prominently on all final plan sheets either in the title block or in the area around it.
Conditions to be met prior to the issuance of permits:
5. 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. The applicant shall also submit to the Planning Director, final plans as approved by the Commission in a digital format prescribed by the Director.
6. 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.
7. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
8. An Engineering bond for each phase, in an amount to be determined by the Town Engineer, shall be submitted prior to the issuance o0f any building permits for that phase with the exception as follows: An Engineering Bond for Phase 1 shall be submitted prior to the issuance of a second Certificate of Occupancy for Phase 1. The first Certificate of Occupancy issued will be limited only for the applicant's use for a model to be shown to the public.
9. A Separate Erosion and Sediment Control Bond for each phase shall be submitted prior to the issuance of any building permits for that phase in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
10. A Landscaping Bond for each phase, in an amount to be determined by the Department of Planning and Community Development, shall be submitted prior to the issuance of any building permits for that phase with the exception as follows: A landscaping bond of Phase 1 shall be submitted prior to the issuance of a second Certificate of Occupancy for Phase 1. The first Certificate of Occupancy issued will be limited only for the applicant's use for a model to be shown to the public.
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. All street signs and traffic safety signage shall be installed prior to the issuance of the second certificates of zoning compliance.
General Conditions:
13. 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.
14. This project is approved, and shall be maintained, as a Senior Residential Development, subject to the requirements and limitations of Section 4.30.19 of the Zoning Regulations.
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. A building permit for the construction of facilities as approved must be obtained by September 5, 2--3 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
17. 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.
b. PH#2322 - Application for Special Use Permit/Site Plan Review east of Taylor, south of Moody and west of Somers Road for a 77 Senior Residential Development, zoned R-44, Map 111, Lot #234, 245 and 246, H.I.O. Trust, Inc. Trustee, Applicant/John and Mary Leveille, John Shlatz, Cybulski Estate, Owners. (Must close by September 19).
Commissioner Duren made a motion, seconded by Commissioner Krebs, to waive the road grade from eight percent to nine percent on PH#2322, application for a senior residential development. The motion was approved by a 7 - 0 - 0 vote.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2322, application for a Special Use Permit/Site Plan Review east of Taylor, south of Moody and west of Somers Road for a 77-lot Residential Development, zoned R-44, Map 111, Lot #234, 245 and 246, H.I.O. Trust, Inc. Trustee, Applicant/John and Mary Leveille, John Shlatz, Cybulski Estate, Owners. This approval is subject to conformance with the referenced plans as listed in the memo from Jose Giner dated September 5, 2002 and the following conditions:
Conditions to be met prior to signing 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. A finalized Management Plan based on the one presented at the Public Hearing shall be offered for staff and Commission review and approval. Any subsequent changes to the terms of the Management Plan shall require the Commission's approval as an amendment to the approved Special Permit.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this motion shall be incorporated into the final mylars submitted for signature.
4. The Public Hearing file number "PH 2322" shall be displayed prominently on all final plan sheets either in the title block or in the area around it.
Conditions to be met prior to the issuance of permits:
5. 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 Department for signature of the Commission. The signed mylars shall be filed with the Town Clerk prior to the Special permit becoming effective. The applicant shall also submit to the Planning Director final plans as approved by the Commission in a digital format prescribed by the Director.
6. 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.
7. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
8. An Engineering bond for each phase, in an amount to be determined by the Town Engineer, shall be submitted prior to the issuance of any building permits for that phase with the exception as follows: An Engineering Bond for Phase 1 shall be submitted prior to the issuance of a second Certificate of Occupancy for Phase 1. The first Certificate of Occupancy issued will be limited only for the applicant's use for a model to be shown to the public.
9. A separate Erosion and Sediment Control Bond for each phase shall be submitted prior to the issuance of any building permits for that phase in the form of a passbook, pledged to the town, in an amount to be determined by the Town Engineer.
10. A landscaping bond for each phase, in an amount to be determined by the Department of Planning and Community Development, shall be submitted prior to the issuance of any building permits for that phase with the exception as follows: a Landscaping Bond for Phase 1 shall be submitted prior to the issuance of a second Certificate of Occupancy for Phase 1. The first Certificate of Occupancy issued will be limited only for the applicant's use for a model to be shown to the public.
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. All street signs and traffic safety signage shall be installed prior to the issuance of the second certificates of zoning compliance.
General Conditions:
13. 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.
14. This project is approved, and shall be maintained, as a Senior Residential Development, subject to the requirements and limitations of Section 4.30.19 of the Zoning Regulations.
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. A building permit for the construction of facilities as approved must be obtained by September 5, 2003 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
17. 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.
c. PH#2320 - Application for a rear lot (Lot #11) in a proposed open space subdivision on property off Bridge Lane and Riverview Street (Meetinghouse Lane), zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden and Beech Inc. Applicant/Margaret Pappas, Owner. (Must close by September 19). - Commissioner Lefakis did not participate in this application. This public hearing was closed. No action was taken by the Commission (they have 65 days to act on this application).
d. PH#2321 - Application for a rear lot (Lot #24) in a proposed open space subdivision on property off Bridge Lane and Riverview Street (Meetinghouse Lane), zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc., Applicant/Margaret Pappas, Owner. (Must close by September 19) Commissioner Lefakis did not participate in this application. This public hearing was closed. No action was taken by the Commission (they have 65 days to act on this application).
e. PH#2319 - Application for a Special Use Permit for 24 lot open space subdivision on property off Bridge Lane and Riverview Street (Meetinghouse Lane), zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc. Applicant/Margaret Pappas, Owner. (Must close by September 19). Commissioner Lefakis did not participate in this application. This public hearing was closed. No action was taken by the Commission (they have 65 days to act on this application).
f. PH#2318 - Application for a 24-lot resubdivision on property off Bridge Lane and Riverview Street (Meetinghouse Lane), zoned R-33, Map 19, Lot 10, Margaret R. Pappas/Hampden & Beech Inc., Applicant/Margaret Pappas, Owner. (Must close by September 19). Commissioner Lefakis did not participate in this application. This public hearing was closed. No action was taken by the Commission (they have 65 days to act on this application).
The Commissioner recessed at 9:30 p.m. and reconvened at 9:40 p.m.
READING OF THE LEGAL NOTICE
9. PUBLIC HEARINGS - NEW
a. PH#2328 - Application for Special Use Permit for electronic amusement devices (computer gaming center) at 604 Enfield Street, zoned BL, Map 32, Lot 7, Eduardo Jose B. Curameng, Jr., Applicant, James S. Viola, Robert T. Mercik, Frank J. Troiano and Anthony Troiano, Owners. (Must close by October 3) - This public hearing was closed. Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2328 with the following conditions: (1) patrons ages fifteen and under are only allowed on the premises until 10:00 p.m. on evenings when school is in session the next day; (2) the applicant shall submit a full lease and/or a letter from the property owner describing the activities that will occur. The motion was approved by a 7 - 0 - 0 vote.
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 continued to the September 19, 2002 meeting.
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) - Because the applicant was not present, this public hearing was continued to the September 19, 2002 meeting.
10. Old Business
a. Bond Releases
1. PH#1915 - Request for release of three (3) landscaping bonds in the amounts of $6,619.02*, $4,000**, and $4,000** for Hampton Chase Condominiums (*Phase II and **Phase III). - Commissioner Duren made a motion, seconded by Commissioner Krebs, to release the three landscaping bonds in the amounts of $6,619.02, $4,000 and $4,000 for Hampton Chase Condominiums. The motion was approved by a 7 - 0 - 0 vote.
2. SPR#1055 - Request for release of $178,740 Engineering Bond and $650 Erosion and Sediment Bond for Kohl's Department Store at 95 Elm Street. - Commissioner Krebs made a motion, seconded by Commissioner Duren, to release the $178,740 Engineering Bond and the $650 erosion and sediment bond for Kohl's Department Store at 95 Elm Street. The motion was approved by a 7 - 0 - 0 vote.
3. SPR#1094 - Request for release of $1,000 Landscape Bond for Enfield Federal Savings and Loan, Hazardville Office at 268 Hazard Avenue. - Commissioner Krebs made a motion, seconded by Commissioner Duren, to release the $1,000 landscape bond for Enfield Federal Savings and Loan, 268 Hazard Avenue. The motion was approved by a 7 - 0 - 0 vote.
11. New Business
The following applications were accepted by the Planning and Zoning Commission:
PH#2334 - Application for a Special Use Permit to operate a driving school at 139 Hazard Avenue, Unit 11, zoned BP, Map 65, Lot #76, Philip J. Michaud, Owner/Applicant.
PH#2335 - Application for a Modification to PH#2224 to add additional fire lane area around new school addition at Henry Barnard Elementary School on Shaker Road, zoned R-44, Map 64, Lot 61, Town of Enfield, Owner/Applicant. (Administrative approval)
PH#2336 - Application for a modification to PH#2335 to add an additional 34 parking spaces to the west side of Prudence Crandall School at 150 Brainard Road, zoned R-33, Map 62, Lot 65, Town of Enfield, Owner/Applicant.
PH#2337 - Application for a modification to PH#2226 to add a paved access from an existing parking area to the rear of the school for emergency vehicles at the Harriet Beecher Stowe School, Post Office road, zoned R-33, Map 54, Lot 6, Town of Enfield, Owner/Applicant. (Administrative Approval)
PH#2338 - Application for a modification to PH#2225 to add an additional driveway access to a parking area located at the east end of the parking lot adjacent to Parkman School on Weymouth Road, zoned R-33, Lot 60, Town of Enfield, Owner/Applicant. - A public hearing will be scheduled for October 3, 2002.
PH#2339 - Application for modification to PH#2259 to construct a gazebo and associated site work to be located at the rear (east) of the new Senior Center at 299 Elm Street in an I-1 zone. Map 075, Lots 0102 and 0051, Town of Enfield, Owner/Applicant. (Administrative Approval)
PH#2340 - Application for a Special Use Permit to allow for electronic amusement (cybernet games) at a unit of the Westfield Shoppingtown located at 90 Elm Street, zoned BR, Map 43, Lot 17, Irfan Raheez, applicant; Westfield Shoppingtown, Owner. - A public hearing will be scheduled for October 3, 2002.
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. - A public hearing will be scheduled for October 3, 2002.
PH#2342 - Application for a re-subdivision and site plan review to reconfigure existing lot lines and construct additional parking for an existing industrial building located at 3 Anginna Drive, zoned I-1, Map 82, Lots 26 and 27. - A public hearing will be scheduled for October 3, 2002.
SPR#1189 - Application for site plan review to locate telecommunication antennas on an existing water tank with related ground facilities located at 290 Brainard Road, zoned R-44, Map 77, Lot 65, AT&T Wireless PCS LLC, Applicant; CT Water Company, Owner.
12. Other Business
Mr. Giner scheduled the next meeting for 7:15 p.m. in order to hear a presentation from REACT regarding reopening the access to the Connecticut River.
13. Adjournment - Commissioner Krebs made a motion, seconded by Commissioner Duren, to adjourn. Following a unanimous vote, the Commission adjourned at 11:00 p.m.
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Last Modified: 11/4/2004 9:23:07 AM
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