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NOTICE OF ACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, APRIL 4, 2002 - 7:00 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.
EXECUTIVE SESSION 7:00 P.M.
1. Discuss pending litigation with Town Attorney - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to go into Executive Session to discuss pending litigation. The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting. Commissioner DiPace made a motion, seconded by Commissioner Krebs, to come out of Executive Session. Following a 7 - 0 - 0 vote, Executive Session ended at 7:29 p.m.
a. Foxx vs. PZC - Action was taken later in the agenda under the Town Attorney's Report.
b. Other Items on Town Attorney's Report
REGULAR MEETING 7:30 P.M.
1. Call to Order & Pledge of Allegiance - Vice Chairman Duren called the Regular Meeting to order at 7:30 p.m.
2. Roll Call - Vice Chairman Charles Duren and Commissioners DiPace, Egan, Hickey, Krebs, Lefakis and Cooper, Alternate, were present. Chairman Howard and Alternates Weseliza and Jednak were absent.
3. Approval of Minutes February 27, March 7 - Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of February 27, 2002. The Minutes were approved by a 7 - 0 - 0 vote.
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the Minutes of March 7, 2002. The Minutes were approved by a 6 - 0 - 1 vote. Commissioner Lefakis abstained.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to add an item to the agenda tonight under Town Attorney's Report. That item is consideration of a resolution regarding Foxx v. PZC. The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
4. Staff Comments
a. Town Attorney - Commissioner DiPace made a motion, seconded by Commissioner Krebs to accept the following resolution: Resolved, the Enfield Planning and Zoning Commission hereby authorizes the Town Attorney's Office to settle the outstanding appeal in the case entitled Jeff Foxx v. Enfield Planning and Zoning Commission, Docket #CV020813060S, by amending the conditions approved by Enfield Planning and Zoning Commission at its November 29, 2001 meeting as follows:
(1) The hours of operation shall be between the hours of 7:00 a.m. and 10:00 p.m.
(2) The buffer requirements set forth in Condition #23 at the Enfield Planning and Zoning Commission's November 15, 2001 meeting are reinstated.
(3) The buffer requirements, as reinstated, shall be satisfied prior to the commencement of construction of the tennis facility.
(4) This settlement is subject to the approval of the Supreme Court person Connecticut General Statute, Section 8-8(n).
The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
b. Zoning Enforcement Officer
c. Director of Planning & Community Development - Commissioner Lefakis requested the Commission receive an inventory of the town's unimproved roads.
5. Public Participation
6. Correspondence - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to accept the withdrawal without prejudice of River Meadows - Section II, Meetinghouse Lane, Enfield, Connecticut. The motion was approved by a 7 - 0 - 0 vote.
7. Commissioners Correspondence
8. PUBLIC HEARINGS - NEW
PH#2304 - Application for Modification of Plans previously approved for a Special Permit Use to allow decks, fences and sheds on each unit of a previously approved PRD and a fence around the perimeter for property located at 15 Grove Street in an R-33 District, Assessor's Map 92, Lot 33, Pine Grove Manor Incorp. Applicant/Owner. (This hearing will not go forward tonight as advertised due to Public Hearing sign not being in place the required ten days before the hearing. Instead it will be heard on April 18.) - This hearing was continued to April 18, 2002.
9. Old Business
a. Bond Releases
1. PH#2062 - Request by Balise/Saturn for release of the Landscape Bond in the amount of $19,092 for 3 Palomba Drive. - Commissioner Krebs made a motion, seconded by Commissioner DiPace, to approve the release of the landscape bond in the amount of $19,092 for Balise/Saturn, PH#2062. The motion was approved by a 7 - 0 -0 vote with Alternate Cooper voting.
2. PH#2084 - Request for release of Ashmead Commons Engineering Bond in the amount of $122,100. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve release of the Ashmead Commons Engineering Bond, PH#2084, in the amount of $122,100. The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
b. PH#2268 - Request by Ryan Brady Enterprises for filing deadline extension for the Mylar for Manning Road Subdivision. - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve the 90-day extension for filing their mylar for Ryan Brady Enterprises. The motion was approved by a 7 - 0 - 0 vote with Alternate Cooper voting.
c. PH#2295 - Application to operate an addiction recovery community house not operated for profit at 143 Pearl Street (formerly the Rinaldi-Fede Post) at 143 Pearl Street, zoned R-33, Map 22, Lot 81, Enfield Sober Housing, Inc., Applicant, 36 Pleasant Street, LLC, Owner. - No action.
10. New Business
a. Preliminary discussion regarding 110 Enfield Street: U-Save Auto Rental/B&M Realty request for consideration of applicability of "C" Bufferyard requirement. - No action.
b. Discussion and possible action regarding proposed Capital Improvement Plan budget. - No action.
11. Other Business
The following applications were accepted by the Commission:
PH#2305 - Application for a Special Use Permit for expanding a nonconforming structure, the addition of a 14' x 16' room to an existing structure (224 square feet) family room at 47 Shaker Road, zoned BL, Map 64, Lot 64, Richard G. and Josephine Ouellette, Applicants/Owners. - This application will be on the Commission's agenda for the May 2, 2002 Meeting.
PH#2307 - Application to petition to change zoning district classification from Business Local to Business General for the southeast portion of 585 Hazard Avenue (Scitico Plaza) inclusive of the Hazard Avenue/CT Route 190 vehicular entrance driveway, the land leasehold area occupied by McDonald's Restaurant, and the vacant lot east of McDonald's abutting Allen Lawnmower on the east, zoned BL, Map 110, Lot 123, Alan K. Tracy, Applicant/P&D Realty, Owner. - This application will be on the agenda for the May 16, 2002 meeting.
PH#2308 - Application for subdivision for 7 frontage lots and 1 open space parcel on south side of Post Road, R-44 zone with sewer and water service, zoned R-44, Map 54, Lot 74, Joseph Aloiosa and David Fredrick, Applicants/Estate of Francis D. Glista, Owner. - This application will be on the Commission's May 2, 2002 agenda.
12. Adjournment - Commissioner DiPace made a motion, seconded by Commissioner Egan, to adjourn. Following a unanimous vote, the Commission adjourned at 8:22 p.m.
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