NOTICE OF ACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, OCTOBER 21, 2004 - 7:30 P.M.
ENFIELD TOWN HALL - COUNCIL CHAMBERS
820 ENFIELD STREET - ENFIELD, CT
AGENDA
THE MEETING WILL ADJOURN AT 11:00 P.M.
REGULAR MEETING 7:30 P.M.
1. Call to Order and Pledge of Allegiance - Chairman Anthony DiPace called the meeting to order at 7:30 p.m.
2. Roll Call - Present were Chairman Anthony DiPace and Commissioners Charles Duren, Robert Egan, James Hickey, Jr., Karen Krebs, Kathleen Sarno, Alternate, and Samuel McGill, Alternate.
3, Approval of Minutes
4. Correspondence
5. Commissioner's Correspondence
6. PUBLIC HEARINGS - Continued from October 7, 2004 Meeting
a. PH#2467 - Special Use Permit for a church, school and parsonage within an existing structure at 177 Elm Street, zoned R-33, Assessor's Map 57, Lot 266, Steven E. MacCormack, Applicant; Lily Yeh Kalk and Renee Yeh, owners. (Must close by November 11) - This public hearing was continued to November 4, 2004. In the interim, Mr. Giner will meet with the applicant and the Fire Marshal to discuss this application.
READING OF THE LEGAL NOTICE
7. PUBLIC HEARINGS - NEW
a. PH#2471 - Application for a special use permit approval of a fourth apartment as an efficiency apartment at 31 South Street, zoned R-33, Map 24, Lot 125, Gian and Lucy Improta, Applicants/Owners. (Must close by November 25) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to waive the site plan submission requirement in Section 9.10.2 of the regulations for PH#2471. The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and McGill voting.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH #2471 - Application for a special use permit approval of a fourth apartment as an efficiency apartment at 31 South Street, zoned R-33, map 24, lot 125, Gian & Lucy Improta Applicants/Owners. This approval is subject to conformance with the submitted floor plan and the following conditions:
Conditions to be Met Prior to Signing of Plans and Certificate:
1. 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:
2. Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Department for signature of the Commission.
3. Final Fire Marshall approval shall be obtained.
4. 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.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
5. Street address shall be determined to the 911 coordinator's satisfaction prior to the issuance of the certificate of zoning compliance.
General Conditions:
6. 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.
7. 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.
8. Any necessary permits for the construction or operation of the use as approved must be obtained by October 21, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and McGill voting.
b. PH#2472 - Application for a special use permit to keep commercial vehicle on property at 2 Cornfield Lane, zoned R-44, Map 86, Lot 301, Earl Reynolds, Applicant/Owner. (Must close by November 25) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve PH #2472 - Application for a special use permit to keep commercial vehicle on property at 2 Cornfield Lane, Zoned R-44, Map 86, Lot 301, Earl Reynolds, Applicant/Owner This approval is subject to conformance with the application record and the following conditions:
Conditions to be Met Prior to Signing of Certificate:
1. 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:
2. This approval will become effective upon the filing of a Special Use 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.
General Conditions:
3. This approval is for a 1997 GMC 6500 truck having a gross vehicle weight of 29,975, with a total length of 29 feet with a 20-foot box, a wheelbase of 230" and a height of 10 feet 10 inches. Any changes to the vehicle specifications as approved shall require a new approval by the Commission.
4. The vehicle shall be parked as indicated on the application record.
5. All landscaping and screening for the vehicle shall be maintained as indicated on the application record.
6. No hazardous materials or waste may be stored in the commercial vehicle.
7. No maintenance or repair of the commercial vehicle shall be allowed on the residential property.
8. There shall be no loading or unloading of commercial vehicles between the hours of 9 p.m. and 7 a.m.
9. The operation of this commercial vehicle shall comply with the Town's Noise Ordinance.
10. This permit is valid only as long as the commercial vehicle is owned or operated by the permanent resident of the property on which it is to be parked.
11. The use describe herein shall commence by October 21, 2005 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, 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 with Alternates Sarno and McGill voting.
c. PH#2473 - Application to petition for a zoning text change regarding the Business Professional Zoning District, Michael J. Trazinski, Pastor, Open Gate Ministries, Applicant. (Must close by November 25) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the application for a zone text change regarding the BP zoning district as heard in Public Hearing #2473 with an effective date of Monday, November 1, 2004.
The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and McGill voting.
d. PH#2474 - Application for a special use permit for operation of a place of worship in an existing building in the Business Professional (BP) District. It is a change of use of existing floor space at 139 Hazard Avenue, Building 4, zoned BP, Map 65, Lot 76, Michael J. Trazinski, Pastor, Open Gate Ministries, Applicant/Denis LeTourneau, Owner. (Must close by November 25) - This public hearing was closed.
Action on this application was tabled until the next Regular Meeting when Mr. Giner will provide the Commission with the necessary conditions.
8. Old Business
a. PH#2404/SPR#1240 - Request by American Inn for a one-year extension of Special Use Permit (approved December 18, 2003) to allow a Residential retirement community with assisted living facilities and congregate care living on property located easterly of North Maple Street just south on the Connecticut/Massachusetts border and along a private street known as Mayfield Drive, zoned R-44, Map 78, Lot 30, and Assessor's Map 79, Lot 95, The American Inn, Owner/Applicant.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to extend approval of PH#2404/SPR#1240 for one year. The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and McGill voting.
9. New Business
a. SPR#1290 - Application to open a real estate office at 287 Hazard Avenue, zoned HVBL, Map 83, Lot 60, Duncan Campbell, Applicant/American Wholesale Inc., Owner. The Commission requested that Mr. Giner handle this application administratively and that the applicant follows the guidelines regarding the sign.
b. SPR#1291 - Application to construct a 2,100 square foot building addition at 6 Niblick Road, zoned IP, Map 55, Lot 89, AOA Pro Applicant/Owner.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the expansion of 6 Niblick Road as heard in SPR#1291 - application to construct a 2,100 sq. ft. building addition at 6 Niblick Road, Zoned IP, Map 55, Lot 89, AOA Pro 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:
"Site Plan Prepared for Allesee Orthodontic Appliances, Enfield, Connecticut" Sheet 1 of 1, Scale: 1" = 20', by William R. Palmberg & Son LLC, dated 09-20-04.
"AOA/PRO Office Expansion, 6 NIBLICK Road-- Enfield, CT" Sheets A-1 and A-3 showing elevations and floor plan, by Dante J. Boffi Architecture, LLC, Stamped "Received" by the Planning Department on September 24, 2004.
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 1291" 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.
Conditions to be met prior to the issuance of Zoning Permit:
4. Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.
5. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held unless waived by the Director of Planning..
6. If necessary, an 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.
Conditions which must be met prior to the Issuance of a 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. The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
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 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.
11. The construction of facilities as approved must be commenced by October 21, 2005 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 with Alternates Sarno and McGill voting.
10. Bond Releases
a. SPR#1203 - Request for release of landscape bond in the amount of $1,470 for 89 High Street (Diana's Bakery loading facility). - Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the release of the landscape bond in the amount of $1,470 for SPR#1203, 89 High Street (Diana's Bakery - loading facility). The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and McGill voting.
b. PH#2151/2158 - Request for release of landscape bond in the amount of $6,900 - Action on this application was tabled.
11. Other Business
a. Section 8-24 Referral - For amendment to lease of Town of Enfield and Tanguay Magill Post 80 American Legion, Inc., Parcel A and Parcel lB, "The Dingle" to change the term of the lease from five years to ten years. - Commissioner Hickey made a motion, seconded by Commissioner Krebs, to recommend approval to the Town Council of the Section 8-24 Referral for amendment to the lease of the Town of Enfield and the Tanguay Magill Post 80 American Legion, Inc., Parcel A and Parcel 1B, "The Dingle," to change the term of the lease from five years to ten years. The motion was approved by a 7 - 0 - 0 vote.
b. Applications to be received
The following applications were received by the Commission:
PH#2478 - Application for a resubdivision of parcel to provide separate lot for Red Robin Restaurant at 25 Hazard Avenue, zoned BR, Map 45, Lot 8, SEA Enfield Commons LLC, applicant/owner. - A public hearing will be scheduled for November 4, 2004.
PH#2479 - Application for a resubdivision for proposed three-lot residential subdivision. Conditional approval requested for bonding purposes on west side of Riverview Street, 1,000 +/- north of intersection of Bridge Lane, zoned R-33, Map 19, Lot 10, Margaret R. Pappas, Applicant/Owner. - A public hearing will be scheduled for November 18, 2004.
PH#2480 - Application for a Special Use Permit to expand a nonconforming use (dining room addition), zoned BL, Map 64, Lot 64, Richard Ouellette, Applicant/Owner. - It was the consensus of the Commission to allow Mr. Giner to handle this application administratively.
PH#2481 - Application for zone change - R-44 to R-88 - properties in Laughlin Road area (see map), Town of Enfield, Applicant. - A public hearing will be scheduled for the first meeting in December.
PH#2482 - Application for a Zone change - I-1 to R-33 at 59 and 69 West Street, Town of Enfield, Applicant. - A public hearing will be scheduled for the first meeting in December.
PH#2483 - Application for a Special Use Permit for a martial arts school at 935 Enfield Street, zoned R-33, Map 26, Lot 79, David Ciemniewski, Applicant/Plus Life, Inc. - A public hearing will be scheduled for the second meeting in November or the first meeting in December.
SPR#1292 - Application for replacement of shrubs and plants at 33 Palomba Drive, zoned BR, Map 57, Lot 343, Manchem, LLC, Applicant/Owner.
SPR#1293 - Converting screened porch to exterior room at Parkway Pavilion, zoned HR-33, Map 20, Lot 129, Parkway Pavilion, Applicant/Ventas Healthcare Properties, Owner.
Other
It was the consensus of the Commission to allow Mr. Giner to approve administratively the request of Mark Twain to do repaving to their emergency access area.
12. Adjournment. - Commissioner Krebs made a motion, seconded by Commissioner Hickey, to adjourn. Following a unanimous vote, the Commission adjourned at 9:27 p.m.
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