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NOTICE OFACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, NOVEMBER 4, 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 Anthony DiPace, Chairman, and Commissioners Jeffrey Cooper, Charles Duren, Robert Egan, James Hickey, Jr., Karen Krebs, Karen Wezeliza, Samuel McGill, Alternate, and Nicles Lefakis, Alternate.
3. Approval of Minutes - October 7 and October 21, 2004 - Commissioner Krebs made a motion, seconded by Commissioner Cooper, to approve the Minutes of October 7, 2004. The Minutes were approved by a 6 - 0 - 1 vote. Commissioner Egan abstained.
Commissioner Krebs made a motion, seconded by Commissioner Weseliza, to approve the Minutes of October 21, 2004. Commissioner Duren made a correction on page three. The last four sentences of the fourth paragraph should be deleted. The Minutes, as amended, were approved by a 6 - 0 - 1 vote. Commissioner Cooper abstained.
4. Staff Comments
a. Town Attorney (in writing)
b. Zoning Enforcement Officer (in writing)
c. Director of Planning and Community Development
5. Public Participation
6. Correspondence
7. Commissioners' Correspondence
8. PUBLIC HEARINGS - Continued from October 21, 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 an Renee Yeh, Owners. (Must close by November 11) - This public hearing was continued to November 18, 2004. During the public hearing, the applicant agreed to an extension of this public hearing for the necessary time to have staff review the revised plans.
READING OF THE LEGAL NOTICE
9. PUBLIC HEARINGS - NEW
a. PH#2391.02 - Modification of plans previously approved to existing site lighting at 10 Palomba Drive, zoned BR, Map 57, Lot 334, Lia Auto Group, Applicant/Owner. (Must close by 12/9) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve PH#2391.02 with the condition that the detail for the proposed pole be added to the plans or submitted separately. This application is also subject to the applicable standard conditions of approval. The motion was approved by a 7 - 0 - 0 vote.
b. PH#2475 - Enfield Planning and Zoning Commission initiative for a Zoning Regulations (Section 6.30.1Aiii) text change reducing the separation distances between commercial recreation uses from 2,500 feet to 2,000 feet and clarifying the method by which such distances are measured. (Must close by 12/9) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2475 for a text change to the Enfield Zoning Regulations, Section 6.30.1Aiii, to reduce the separation distances between commercial recreation uses from 2,500 feet to 2,000 feet and to clarify the method by which such distances are measured. This text change has an effective date of November 15, 2004.
c. PH#2476 - Resubdivision to allow creation of a 39,000 + square foot building lot from an 80,000 + squre foot at 6 Third Street, zoned R-33, Map 36, Lot 306, Waltela Dubish, Applicant/Owner. (must close by 12/9) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2476, Resubdivision to allow creation of a 39,000+ square foot building lot from an 80,000+square foot lot at 6 Third Street, zoned R-33, Map 36, Lot 306, Waltela Dubish, 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:
"One Lot Resubdivision, prepared for Bill Rinaldi, Third Street, Enfield, Connecticut, Assessor's Map #36, Parcels 306 and 307." Scale: 1:=40' Sheet No. 1 of 2, by Dennis G. Rehmer, Land Surveyor, dated 9/20/04, 04/09/03 and revised to 10/15/03.
"One Lot Resubdivision, prepared for Bill Rinaldi, Third Street, Enfield, Connecticut, Assessor's Map #36, Parcels 306 and 307." Scale: 1: = 40', Sheet No. 2 of 2, by Dennis G. Rehmer, Land Surveyor, dated 9/20/04, 04/09/03 and revised to 10/15/03.
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. The house numbering shall be approved in consultation with the Town Engineer and the E-911 Coordinator. The accepted house number(s) shall be shown on the plans submitted.
3. The final mylar shall contain the following language: "This application claims an exemption from the Open Space requirements under Section 8-25 of the Connecticut General Statutues where 'the open space requirements of this section shall not apply if the transfer of all land in a subdivision of less than five parcels is to a parent, child, brother, sister, grandparent, grandchild, aunt, uncle, or first cousin for no consideration'. Any sale of the land that does not comply with these requirements shall be liable for a payment in lieu of open space in accordance with the Enfield Subdivision Regulations.
4. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this approval shall either be incorporated on to the mylars submitted for signature or filed separately on the land records of the property.
5. The Public Hearing file number "PH2476" shall be displayed prominently on the final plan sheet either in the title block or in the area around it.
Conditions to be met prior to the issuance of a Zoning Permit:
6. Two sets 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.
7. Final approval of detailed plans must be obtained from the Town Engineer and Water Pollution Control Division.
8. Signed mylars shall be filed with the Town Clerk no later than ninety (90) days from the expiration of the appeal period of 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 Statutues. Any extension requests must be received in time to allow the Commission to act on them before the original deadline expires.
Conditions which must be met prior to the issuance of a Zoning Certificate of Compliance:
9. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. Final plans shall also be submitted in a digital format prescribed by the Director of Planning unless waived by a three-fourths majority of the Commission.
General Conditions:
10. Parcel "A" as shown on the plans is not an approved building lot and shall be conveyed and merged to the property shown as "N/F Henrietta J. Yeaw."
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. 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.
d. PH#2477 - Petition for rezoning of approximately 4 acres of land from Industrial 1 to Business Local at 2 Shaker Road, zoned I-1, Map 64, Lot 70, Galaxy Management, Applicant/Owner. (Must close by 12/9) - This public hearing was continued to November 18, 2004.
e. PH#2478 - Resubdivision of parcel to provide a separate lot for Red Robin Restaurant at 25 Hazard Avenue, zoned BR, Map 45, Lot 8, SEA Enfield Commons LLC, Applicant/Owner. (Must close by 12/9) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs,to approve PH#2478, resubdivision of parcel to provide a separate lot for Red Robin Restaurant at 25 Hazard Avenue, zoned BR, Map 45, Lot 8, SEA Enfield Commons LLC, Applicant/Owner, subject to the six conditions proposed by Mr. Giner in his memo to the Commission dated November 4, 2004. The motion was approved by a 7 - 0 - 0 vote.
10. Old Business
a. 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. Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2474 with the seven conditions as proposed by Mr. Giner in a memo to the Commission dated November 4, 2004. The motion was approved by a 6 - 0 - 0 vote. (Commissioner Weseliza did not participate in this application.)
11. New Business
a. SPR#1292 - Application for replacement of shrubs and plants at 33 Palomba Drive, zoned BR, Map 57, Lot 343, Manchem, LLC, Applicant/Owner. - Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1292, application for replacement of shrubs and plants at 33 Palomba Drive, zoned BR, Map 57, Lot 343, Manchem, LLC, Applicant/Owner, in accordance with the plans submitted and subject to the appropriate bonding.
Commissioner Duren made an amendment to the motion, seconded by Commissioner Krebs, to add "subject to the appropriate bonding" to SPR#1292. The amendment was approved by a 7 - 0 - 0 vote.
The main motion, as amended, was approved by a 7 - 0 - 0 vote.
b. SPR#1293 - Converting screened porch to interior room at Parkway Pavilion, zoned HR-33, Map 20, Lot 129, Parkway Pavilion, Applicant/Ventas Healthcare Properties, Owner. - Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1293 to convert a screened porch to an interior room at Parkway Pavilion, zoned HR-33, Map 20, Lot 129, subject to the applicable standard conditions of approval and also subject to the applicant addressing the concerns of the Town Engineer. The motion was approved by a 7 - 0 - 0 vote.
12. Bond Releases
a. PH#2213 - Request by Jane Lyons for release of Engineering Bond in the amount of $24,640 for 4-lot subdivision on Post Office Road. Commissioner Duren made a motion, seconded by Commissioner Krebs, to release the engineering bond in the amount of $24,640 for PH#2213, 4-lot subdivision on Post Office Road, as recommended by John Cabbibo in a memo to the Commission dated October 19, 2004. The motion was approved by a 7 - 0 - 0 vote.
13. Other Business
a. Applications to be accepted - The following applications were accepted by the Commission:
PH#2484 - Application for a Special Use Permit to build a cabana on to the pool house at Georgewood Condos, Elm Street, zoned R-44, Map 64, Lot 93, Darlene Plaisted and Jeff Callahan, Applicants/Georgetown Condos, Owner.
PH#2309.05 - Application for modification of a Special Use Permit to modify units 27 and 29 to resolve utility conflict, eliminate Unit 14 and modify and relocate Units 12 and 10 to address DEP concerns at Autumn Fields Senior Residential Development, Elm Street (across from Police Department), Zoned R-44, Map 75, Lot 1, Somerset Development Corp., Owner/Applicant.
PH#2485 - Application for a Special Use Permit to install a one-million gallon water storage tank at 51 Marion Place, zoned R-33, Map 111, Lot 180, Hazardville Water Company, Owner/Applicant.
PH#2486 - Application for modification of a Special Use Permit at Brainard Park to install a basketball court, enlarge the softball field and install the lawn, zoned R-33, Map 58, Lot 88, Town of Enfield, Owner/Applicant.
SPR#1294 - Application for minor modifications to elevation and floor plan drawings that have been previously approved at 481 Enfield Street, zoned BG, Map 33, Lot 256, Lia Auto Group, Owner/Applicant.
14. Adjournment - Commissioner Weseliza made a motion, seconded by Commissioner Hickey, to adjourn. Following a unanimous vote, the Commission adjourned at 10:14 p.m.
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