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NOTICE OF ACTION ENFIELD PLANNING AND ZONING COMMISSION REGULAR MEETING THURSDAY, SEPTEMBER 16, 2004 - 7:30 P.M. ENFIELD TOWN HALL - COUNCIL CHAMBERS 820 ENFIELD STREET - ENFIELD, CT _______________________________________________________________________ AMENDED AGENDA THE MEETING WILL ADJOURN AT 11:00 P.M. REGULAR MEETING 7:30 P.M. 1. Call to Order & Pledge of Allegiance - Chairman Anthony DiPace called the meeting to order at 7:30 p.m. 2. Roll Call - Chairman Anthony DiPace and Commissioners Charles Duren, Robert Egan, Karen Krebs, James Hickey, Jr., Kathleen Sarno, Alternate, and Samuel McGill, Alternate were present 3. Approval of Minutes - No Minutes were available for approval. 4. Correspondence - Commissioner Duren made a motion, seconded by Commissioner Krebs, to add item e. Johnson Memorial Hospital Request for Extension to tonight's agenda under Other Business. The motion was approved by a 7 - 0 - 0 vote with Alternates McGill and Sarno voting. 5. Commissioner's Correspondence 6. PUBLIC HEARINGS - Continued from September 2, 2004 meeting A. PH #2466 - Special Use Permit and modification of plans previously approved to construct a 42 ft. x 22 ft. wash bay addition, modify landscape islands, provide pedestrian access to adjacent Nissan dealership at 20 Palomba Drive, zoned BR, Map 57, Lot 335, Lia Auto Group, Applicant. (Must close by October 7) - This public hearing was closed. Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH #2466 - Special Use Permit and modification of plans previously approved to construct a 42 ft. x 22 ft. wash bay addition, modify landscape islands, provide pedestrian access to adjacent Nissan dealership at 20 Palomba Drive, zoned BR, Map 57, Lot 335, Lia Auto Group, 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: Referenced Plans: "Site Plan Modification (PH2466) LIA Honda Dealership 20 Palomba Drive, Enfield, Connecticut, Prepared for LIA Auto Group P.O. Box 5789 Albany, New York." Sheet 1 of 1, Sale: 1"=40' by J.R. Russo Associates, dated 7-20-04 and revised to 9-9-04. Conditions to be Met Prior to Signing of Mylars: 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 for the proposed stairs with handrails to the Enfield Nissan property shall be shown on the final plans. 3. A note regarding an access easement and maintenance agreement between the two separate parcels shall be placed on the final plans. 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. 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 Department for signature of the Commission. The signed mylars shall be filed with the Town Clerk prior to the Special Permit becoming effective. 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 with Town Staff shall be held unless waived by the Director of Planning. 8. Any remaining issues with the WPC shall be resolved. 9. 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. 10. 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. 11. 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: 12. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. 13. All necessary easement documents shall be filed on the land records 14. The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director. General Conditions: 15. 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. 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. A Special Permit is valid for a period of one year from the effective date of approval. A building permit must be obtained within this period 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. The motion was approved by a 7 - 0 - 0 vote with Alternates Sarno and McGill voting. READING OF THE LEGAL NOTICE 7. PUBLIC HEARINGS - NEW a. PH 2465 - Application for special use permit to fence in an area adjacent to the dumpster, to store pallets and rigging equipment at 20 Cottage Road (Old Shaker Pines Fire station), zoned I-1, Map 80, Lot 193, Cottage Road Associates, Applicant/Owner. (Must close by October 21) - This public hearing was continued to the next meeting pending receipt of revised plans from the applicant. 9. Old Business a. SPR #1279 - Site Plan Review application to finish siding house 53-57 College Street, Zoned TVCZ, Map 27, Lot 103, Kenneth Swart, Applicant/Owner. - Commissioner Hickey made a motion, seconded by Commissioner Duren, to approve SPR#1279, site plan review application to finish siding house at 53-57 College Street, Kenneth Swart, Applicant/Owner. The motion was denied by a 0 - 7 - 0 vote. Commissioner Duren made a motion, seconded by Commissioner Krebs, to deny SPR#1279 without prejudice and waive the re-application fee. The motion was approved by a 7 - 0 - 0 vote. 10. New Business a. SPR #1283 - Application for an addition to the existing building at 198 Freshwater Blvd., Zoned IP, Map 55, Lot 003, John Morgan, AIA, Applicant. - This application was tabled to the October 7, 2004 Meeting. b. SPR #1286 - Application to close off a section of drive way located at #105 Raffia Road at Raffia Road Service Center, Zoned BG, Map 67, Lot 4, George Raffia & Sons Inc., Applicant/Owner. - Commissioner Duren made a motion, seconded by Commissioner Sarno, to approve SPR#1286 to close off a section of driveway located at #105 Raffia Road at Raffia Road Service Center, zoned BG, Map 67, Lot 4, George Raffia & Sons, Applicant/Owner. The motion was approved by a 7 - 0 - 0 vote. c. SPR #1287 - Application for a Change of Use to allow the production and selling of air-brushed and printed T-Shirts, custom license plates, key chains, at 94 Pearl Street in a TVCZ District, Map 24, Lot 116. - Commissioner Duren made a motion, seconded by Commissioner Sarno, to approve SPR#1287 for a change of use to allow the production and selling of air-brushed and printed tee shirts, custom license plates, and key chains at 94 Pearl Street in a TVCZ District, Map 24, Lot 116. The motion was approved by a 7 - 0 - 0 vote. 11. Bond Releases a. PH #2151/2158 - Request for landscape bond release in the amount of $6,900 for Riverview Estates (off Old King St.) - This bond release was tabled to October 7, 2004. b. PH #2265 - Request for Erosion & Sediment bond release in the amount of $4,700 and Engineering Bond in the amount of $116,500 for Tennis Club at 226 Shaker Road. - This bond release was tabled to October 7, 2004. 12. Other Business a. Preliminary discussion with Michael O'Brien regarding parcel of property on corner of Shaker and Elm. - No action. b. Discussion of Regulations relating to measuring distances between uses. - The Commission instructed Mr. Giner submit a proposal for an amendment to the Commission for their review regarding a change to the regulations measuring distances between uses. Chairman DiPace noted in discussion that he would not have a problem with using the 2,000' and having the distances measured similar to what is done for a liquor permit or from door to door. The Commission also cited the need to address Section 7.2 of the ordinance. c. Discussion and approval of 2005 meeting dates - The Commission recommended a change to the September, 2005 meeting dates or to September 8, 2005 and September 22, 2005. The June, 2005 meeting dates changed were not changed. d. Applications to be Received The following applications were received by the Commission: PH#2471 - Application for a special use permit approval of a 4th apartment as an efficiency apartment at 31 South Street, zoned R-33, Map 24, Lot 125, Gian & Lucy Improta, Applicants/Owners. - A public hearing will be scheduled for October 21, 2004. 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. - A public hearing will be scheduled for October 21, 2004. PH#2473 - Application to petition for a zoning text change regarding the Business Professional Zoning District, Michael J. Trazinski, Pastor, Open Gate Ministries, Applicant. - A public hearing will be scheduled for October 21, 2004. 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. - A public hearing will be scheduled for October 21, 2004. SPR#1288 - Application to review area for ramp at 7A and 2K Thistle Lane, zoned R-33, Map 25, Lot 133, Arthur Lawson, Applicant/Freshwater Pond Ltd. Housing, Owner. - This item will be handled administratively by Mr. Giner. SPR#1289 - Application for site plan review (Administrative Approval Requested) for shed at 200 Phoenix Avenue, zoned I-1, Map 46, Lot 18, Enfield Fire District, Applicant/Owner. - This item has been approved administratively by Mr. Giner. e. Johnson Memorial Hospital - Request for Extension - SPR#1193 Commissioner Duren made a motion, seconded by Commissioner Krebs, to extend the approval of SPR#1193, Johnson Memorial Hospital, for one year. The motion was approved by a 7 - 0 - 0 vote. 13. Adjournment - Commissioner Krebs made a motion, seconded by Commissioner Hickey, to adjourn. Following a unanimous vote, the Commission adjourned at 9:16 p.m.
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