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(THIS IS NOT AN OFFICIAL DOCUMENT - OFFICIAL COPIES OF ALL PLANNING DOCUMENTS MAY BE FOUND AT THE OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT AT 820 ENFIELD STREET, ENFIELD, CT.)
NOTICE OF ACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, JANUARY 17, 2001 - 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.
REGULAR MEETING 7:00 P.M.
1. Call to Order & Pledge of Allegiance - Chairman James Howard called the meeting to order at 7:00 p.m.
2. Roll Call - Chairman James Howard and Commissioners Charles Duren, Karen Krebs, Anthony DiPace, Robert Egan, James Hickey, Jr., Nicles Lefakis, Karen Weseliza, Alternate, and Jeffrey Cooper, Alternate, were present.
3. Executive Session To discuss pending litigation. - Commissioner Duren 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 and the Commission went into Executive Session at 7:02 p.m. Commissioner Duren made a motion, seconded by Commissioner Weseliza, to return to the Regular Meeting. Following a 7 - 0 - 0 vote, Executive Session ended at 7:45 p.m. Chairman Howard stated there were no decisions made or votes taken during this Executive Session.
4. Approval of Minutes November 29, 2001, December 6, 2001, January 3, 2002 - Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of November 29, 2001. Corrections were made as follows: Anthony DiPace should be listed as present; the sentence on page one stating Commission Duren abstained should be eliminated as he did not participate. The Minutes, as amended were approved by a 5 - 0 - 2 vote. Commissioners Egan and Hickey abstained.
Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of December 6, 2001. Corrections were made as follows: Commissioner Duren was not present at this meeting and is listed as attending; Commissioner DiPace was present and should be included in the list of those present. The Minutes, as amended, were approved by a 5 - 0 - 2 vote. Commissioners Egan and Hickey abstained.
Commissioner Krebs made a motion, seconded by Commissioner Weseliza, to approve the Minutes of January 3, 2002. Two votes were changed on pages one and two. They should read 6 - 1 - 0 rather than 6 - 0 - 1. The Minutes, as amended, were approved by a 7 - 0 - 0 vote.
5. Correspondence
6. Commissioners Correspondence
7. PUBLIC HEARINGS Continued from December 20, 2001 meeting
a. PH 2290 Application for a Special Use Permit under Section 3-5.1 to unmerge lots of record for the purpose of creating a new building lot on land zoned R-33 located at 152-156 Kalish Ave (Maps 34 and 35, Lot #208) Josephine Buttacavoli applicant/owner. (Must close unless extension granted) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Egan, to approve PH#2290, application for a Special Use Permit to unmerge lots of record for the purpose of creating a new building lot on land zoned R-33 located at 152-156 Kalish Avenue, Josephine Buttacavoli, Applicant, Owner, with the following conditions:
Conditions to be met prior to signing of mylars:
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. 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. A note shall be placed on the mylars submitted for signing stating it is the homeowners' responsibility to inspect, clean out and maintain the drywell no less than annually and clean out as needed to avoid off-site impacts from site drainage. A notation shall be placed on the deed with the following language as proposed by the applicant's attorney: "The premises are conveyed subject to the conditions of the Special Use Permit issued by the Enfield Planning and Zoning Commission on January 17, 2002."
Conditions to be met prior to the issuance of permits:
5. Two sets of final mylars, with any required revisions incorporated on the sheets, shall be submitted for 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.
6. Drainage calculations, signed and sealed by a professional engineer, shall be submitted along with a watershed map and the test pit data and detailed cross section of the proposed drywell.
Conditions which must be met prior to the issuance of a Zoning Certificate of Compliance:
7. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
8. No certificates of compliance shall be issued until the Enfield Water Pollution Control Authority has inspected and approved the sewer connection for the project.
General Conditions:
9. This application is not a subdivision or re-subdivision as defined by regulation.
10. The building structure on this lot shall be built without a basement.
11. 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.
12. Special Use Permits are valid for a period of twelve months from the effective date of approval. Failure to secure a building permit within twelve months of the effective date of approval shall render the Special Use Permit null and void. The Commission may grant an extension upon receipt of a written request from the applicant in accordance with Section 16-13 of the Zoning Regulations.
13. 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 6 - 1 - 0 vote. Commissioner Egan voted nay.
b. PH 2291 Staff initiative for an Amendment to the Subdivision regulations to provide for technical changes to the public improvements standards to include: Upgrading the road way cross-section; replacing granite curbing with bituminous curbing; adopt tear-drop shaped cul-de-sac; revise the minimum road width for residential roads; revisions to the road repair details and notes; Allow use of state approved HDPEP (plastic pipe) along with the existing RCP (concrete pipe); remove the 1987 bonding figures for the regulations; other minor technical and typographical changes. (Town initiative: no deadline) - This public hearing was closed. No action was taken pending instruction by the Commission to staff that they present a clean copy of the amendments for action at the February 7, 2002 meeting. Concerns voiced were regarding the right of way width, the granite versus bituminous curbing and the 911 house numbering wording.
Commissioner Weseliza made a motion, seconded by Commissioner DiPace, for a recess. The motion was approved by a unanimous vote and the Commission recessed at 9:46 p.m. The Commission reconvened at 10:00 p.m.
READING OF THE LEGAL NOTICE
8. PUBLIC HEARINGS - NEW
a. PH 2253.02 - Application for an 18 lot Subdivision on 29.85 + or acres with frontage on the west side of Broad Brook Road north of Town Farm Road and south of Charnley Road in an R-44 District (Assessors Map 103, Lots 5&6). John Tittarelli, owner/applicant. (May be kept open until February 21) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2253 - application for an 18-lot subdivision on 29.85+ or - acres with frontage on the west side of Broad Brook Road north of Town Farm Road and south of Charnley Road in an R-44 District (Assessor's Map 103, Lots 5 and 6), John Tittarelli, Owner/Applicant. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Conditions to be met prior to signing of mylars:
1. The Town Engineer shall review and approve the final plans.
2. The final mylars shall indicate locations and details for all traffic safety signing as required by the Town Traffic Safety Officer. These signs are to be installed at the developer's expense prior to the issuance of the first certificate of occupancy.
3. All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
4. 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 either be incorporated on to the final mylars and separately filed on the land records prior to the signing of the mylars.
5. 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.
6. A separate erosion and sediment control passbook shall be submitted in an amount to be determined by the Town Engineer.
7. A landscaping bond, in an amount to be determined by the Planning Department, shall be submitted to the Town.
8. A developer's agreement shall be required for any on-site or off-site public improvements, which agreement shall be in a form acceptable to the Town Attorney and which shall be executed and may be recorded in the Town Clerk's Office prior to the filing of the mylars.
9. The applicants have chosen to offer a fee in lieu of open space. The appraisal for the pre-development value of the property is $179,100 resulting in a payment of $17,910 as fees in lieu of open space. A note shall be placed on the mylars stating that a $995 per lot fee is owed to the Town of Enfield prior to the first sale of each lot.
10. Any deeds or easements for public improvements or land dedication shall be submitted, in a form acceptable to the Town Attorney, to be held in escrow until completion and acceptance of the improvements by the Town.
Conditions to be met prior to the issuance of permits or start of construction:
11. Two sets of final mylars, with any required revisions incorporated on the sheets, shall be submitted for 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.
12. Signs 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 Connecticut General Statutes. Any extension requests must be received in time to allow the Commission to act on them before the original deadline expires.
13. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
14. 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.
Conditions which must be met prior to the issuance of a Zoning Certificate of Compliance:
15. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
16. The required street trees shown for the individual lot shall be in place unless seasonal conditions preclude such in which case they shall be planted at the earliest planting opportunity.
17. The Zoning Enforcement Officer shall determine that the fee in lieu of open space owned the Town of Enfield shall have been paid for the subject lot.
18. No certificates of compliance shall be issued until the drainage has been completed.
19. No certificates of compliance shall be issued until the sub-grade and base course for the road have been completed, inspected and approved by the Town Engineer.
20. No certificates of compliance shall be issued until the North Central Health Department has inspected and approved the on-site septic disposal system for each lot.
21. No certificates of compliance shall be issued until the North Central District Health Department has inspected and approved the water delivery system for each lot.
22. No certificates of compliance shall be issued until the street signs, stop signs, or any other required traffic or fire safety signs are in place.
General Conditions:
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. Lot #1 shall not have any direct access to Broad Brook Road.
25. All public improvements in connection with this subdivision shall be completed by January 17, 2007 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with State law and its regulations.
26. 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.
9. Old Business
a. Bond Releases
1. PH #2233 - Request for bond release for Erosion & Sediment in the amount of $3,010 for Jehovah's Witness Hall on North Maple Street. - Commissioner DiPace made a motion, seconded by Commissioner Lefakis, to approve the bond release for PH#2233, Jehovah's Witness Hall on North Maple Street, in the amount of $3,010. The motion was approved by a 7 - 0 - 0 vote.
2. PH #2113 - Request for bond release for bond release for Engineering (Site Bond) in the amount of $96,460.00 and Erosion & Sedimentation Bond in the amount of $2,335.00 for CVS at 47 Hazard Avenue. - Commissioner DiPace made a motion, seconded by Commissioner Duren, to approve the bond release for PH#2113 in the amount of $96,460.00 for engineering and $2,335.00 for erosion and sediment. The motion was approved by a 7 - 0 - 0 vote.
3. PH #1947 Request for release of Phase II Engineering Bond for Misty Meadow Subdivision . - Commissioner DiPace made a motion, seconded by Commissioner Krebs, to approve the bond release for PH#1947 for Misty Meadow Subdivision in the amount of $75,100. The motion was approved by a 7 - 0 - 0 vote.
4. PH # 1947 Request for release of Erosion & Sediment Bond for Phase I of Misty Meadow Subdivision. - This bond release was tabled.
b. Review of Fiscal Year 02-03 proposed Budget. (Continued from 1/03/02) - Later in tonight's meeting, Commissioner DiPace made a motion, seconded by Commissioner Howard, to approve the proposed Budget for Fiscal Year 2002-03 as submitted by Mr. Giner. The motion was approved by a 7 - 0 - 0 vote.
c. Review of possible amendments to Enfield Planning and Zoning Commission Bylaws. (Continued from 1/03/02) - No action.
d. SPR #1161 - Application to convert space to office at 546A Enfield St., Zoned BL, Map 33, Lot 62, Stanley Glemboski, Jr. applicant/owner. (Legal Deadline for Action: Tonight unless extension granted) - Commissioner Duren made a motion, seconded by Commissioner DiPace, to approve SPR #1161 with the condition that there be a delineation of the parking area and the residential area by a chain link fence along the property line. The motion was approved by a 7 - 0 - 0 vote.
10. New Business
a. SPR #1166 - Site Plan Review and Sign Permit for Cosmetic Additions And Signage on the existing (former J. C. Penny's) store at the Westfield Shoppingtown - Enfield, 90 Elm Street, Zoned BR, Map 43, Lot 16 & 17, JSA, applicant / Westfield Corp., Inc., owner. (Legal Deadline for Action: March 7) - Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1166 as submitted with the exception of Sheet #8. The Commission is not approving the sign on the front with other Westfield and Target signs but they are approving the facade changes. The motion was approved by a 7 - 0 - 0 vote.
b. SPR #1167 - Application for modification of plans for florist wholesale at 294 George Washington Road, Zoned I-1, Map 64, Lot 103, Montgomery Wholesale Florist, Inc., applicant, Floral Realty Inc., owner. . (Legal Deadline for Action: March 7) - This was tabled until February 7, 2002 to give Commissioners an opportunity to view the roof top units. Commission members also requested the Commission receive a drawing showing everything planned to be installed on the roof.
c. SPR #1168 - Application for modification of conditions imposed on previously site plans for retail store selling automobile accessory parts at 585 Hazard Avenue (Scitico Plaza), Zoned BL, Map 110, Lot 12, Ryan Preble, applicant, P&D Realty, owner. . (Legal Deadline for Action: March 7) - Commissioner Lefakis made a motion, seconded by Commissioner Krebs, to approve SPR#1168, application for modification of conditions imposed on previously approved site plans for retail store selling automobile accessory parts at 585 Hazard Avenue. The motion was approved by a 7 - 0 - 0 vote.
d. PH #2283 Request for extension of 65 day time frame to conduct Public Hearing for an application for a conversion from a two-family residence to a three-family with loft at 1657 King Street, Zoned R-33, Map 16, Lot 50, Christine Clark, applicant/owner. - Commisioner DiPace made a motion, seconded by Commissioner Krebs, to grant an extension of 65 days for PH#2283, application for conversion from a two-family residence to a three-family with loft at 1657 King Street, zoned R-33. The motion was approved by a 7 - 0 - 0 vote.
10. Other Business
a. 8-24 - referral request from Town Council for recommendations on proposed Family Resource Center at 110 High Street. - No action.
b. Receipt of Applications - The following application was accepted by the Commission:
SPR#1169/FLD #012 - Application for modification of plans previously approved for reconstruction of a portion of the former Bradlees space to accommodate a Barnes & Noble bookstore, reconstruct front facade and install dumpster pad in rear of store at Enfield Commons, 25 and 39-41 Hazard Avenue, Map 45 and 56, Lots 8, 1 and 2, zoned BR, Parkside Associates Limited Partnership, Applicant/Owner.
Commissioner Duren made a motion, seconded by Commissioner Lefakis, to extend the meeting beyond 11:00 p.m. to consider the Commission's budget. The motion was approved by a 7 - 0 - 0 vote. (Action on the budget is listed previously.)
11. Adjournment
Commissioner Duren made a motion, seconded by Commissioner Krebs, to adjourn. Following a unanimous vote, the Commission adjourned at 11:10 p.m.
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