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NOTICE OF ACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR  MEETING
        THURSDAY, DECEMBER 2, 2004 - 7:30 P.M.
        ENFIELD TOWN HALL - COUNCIL CHAMBERS 
        820 ENFIELD STREET - ENFIELD, CT

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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 Jeffrey Cooper, Charles Duren, Robert Egan, James Hickey, Jr., Karen Krebs, Karen Weseliza, Kathleen Sarno, Alternate, Nicles Lefakis, Alternate and Samuel McGill, Alternate, were present.
3.      Approval of Minutes - November 4, 2004 - Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve the Minutes of November 4, 2004.  The Minutes were approved by a 7 - 0 - 0 vote.
4.      Staff Comments
a.      Town Attorney (in writing)
b.      Zoning Enforcement Officer (in writing)
c.      Director of Planning
5.      Public Participation
6.      Correspondence
7.      Commissioner's Correspondence
8.      PUBLIC HEARINGS - Continued from November 18,2004 meeting
a.      PH #2479 - Resubdivision to allow creation of three residential lots with related street and other public improvements on property zoned R-33 off Riverview Street, Map 19, Lot 10, Margaret R. Pappas, Applicant/Owner. (Must close by December 16) - This public hearing was continued to December 16, 2004.
READING OF THE LEGAL NOTICE     
 9.     PUBLIC HEARINGS - NEW
      a.        PH #2487  - Special Use Permit to construct a fueling facility in the southwest corner of the main parking lot of 54 Hazard Avenue (Stop & Shop Plaza), Zoned BR, Map 56, Lot 26, Stop & Shop Supermarket Co., Applicant/SEA Enfield Plaza LLC, Owner. (Must close by January 6) - This public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve PH #2487 - Special Use Permit to construct a fueling facility in the southwest corner of the main parking lot of 54 Hazard Avenue (Stop & Shop Plaza), Zoned BR, Map 56, Lot 26, Stop & Shop Supermarket Co., Applicant/SEA Enfield Plaza LLC, 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:
"Stop & Shop Fueling Facility, Store #691 Sop & Shop Plaza, 54 Hazard Avenue (Rt.190) Town of Enfield, Connecticut, Approval Plans for: Special Permit Approval", Cover page with  Location Map and Drawing List, dated May 30, 2002, revised to 10/20/04.
"Boundary/ Topographic Survey, Land Owned by Hazard Avenue Associates, L.L.C." Sheet 05.01, Scale: 1"=30', by Conklin & Soroka, Inc. dated 5/29/02.
"Stop & Shop Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Existing Conditions Plan" Drawing No. 08.01, Scale: 1"= 40', by Langan Engineering and Environmental Services, dated May 30, 2002, revised to 6/18/02.
"Stop & Shop Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Site Plan" Drawing No. 20.01, Scale: 1"= 40', by Langan Engineering and Environmental Services, dated May 30, 2002, revised to 10/20/04.
"Stop & Shop Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Grading and Drainage Plan" Drawing No. 21.01, Scale: 1"= 20', by Langan Engineering and Environmental Services, dated May 30, 2002, revised to 8/7/02.
"Stop & Shop Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Utility Plan" Drawing No. 22.01, Scale: 1"= 40', by Langan Engineering and Environmental Services, dated May 30, 2002, revised to 10/20/04.
"Stop & Shop Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Soil Erosion and Sediment Control Plan" Drawing No. 23.01, Scale: "AS NOTED", by Langan Engineering and Environmental Services, dated May 30, 2002, revised to 10/20/04.
"Stop & Shop Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Site Details I" Drawing No. 27.01, Scale: "N.T.S.", by Langan Engineering and Environmental Services, dated May 30, 2002, revised to 10/20/04.
"Stop & Shop Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Site Details II & Landscape Plan" Drawing No. 27.02, Scale: "N.T.S.", by Langan Engineering and Environmental Services, dated May 30, 2002, revised to 10/20/04.
"Stop & Shop Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Elevation" Drawing No. EL-01, Scale: 1"= 5', dated May 30, 2002, revised to 10/20/04.
"Stop & Shop Store 691 Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Miscellaneous Structural Details" Drawing No. T-1, Scale: "As noted", by VHB, Inc., dated 8/2/02.
"Stop & Shop Store 691 Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Double-Walled Fiberglass Tank Details Drawing No. T-2, Scale: "N.T.S.", by VHB, Inc., dated 8/2/02.
"Stop & Shop Store 691 Fueling Facility, 54 Hazard Avenue, Enfield, Connecticut, Fire Suppression Plan" Drawing No. T-3, Scale: "As noted", by VHB, Inc., dated 8/2/02., revised to 8/27/02.
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 conditions of this approval shall be binding on the applicant, land owners and their successors and assigns.
3.      The public hearing file number "PH 2487" shall be displayed prominently on all final plan sheets either in the title block or in the area around it.
4.      A maintenance schedule for the oil water separators shall be added to the mylars.
5.      The plans shall show a cleanout at 100' from the sanitary manhole per WPC comments.
6.      The sidewalk detail shall be revised to show an 8" base of processed stone, in accordance with the current subdivision regulations.
7.      The approved motion with conditions shall be incorporated on to the final mylars submitted.
8.      The final mylars shall receive appropriate staff review and approval.
Conditions to be met prior to the issuance of permits:
9.      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 and Community Development Department for signature of the Commission.  The signed mylars shall be filed with the Town Clerk prior to the Special Permit becoming effective.
10.     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.
11.     A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
12.     The applicant shall post a bond for site improvements in an amount of $87,900.00 with surety acceptable to the Town Attorney.
13.     A separate erosion and sediment control bond shall be submitted in the form of cash, check or a passbook, pledged to the Town, in an amount of $530.00.
14.     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:
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 applicant shall also submit to the Planning Director final as built plans in a digital format prescribed by the Director.
17.     All traffic safety signage shall be installed prior to the issuance of a certificate of zoning compliance.
General Conditions:
18.     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.
19.     This project is also subject to conditions imposed as part of the Enfield Inland Wetlands and Watercourses Agency approval.
20.     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.
21.      A building permit for the construction of facilities as approved must be obtained within one year from the effective date of approval or this approval shall be rendered null and void, unless an extension is granted by the Commission.
22.     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.

                 b.     PH #2485 - 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 Co., Owner/Applicant. (Must close by January 6) - This public hearing was continued to January 6, 2005.

                 c.    PH #2484  - Special Use Permit for a Kabana addition to an existing pool house at Georgewood Condos, Elm St., Zoned R-44, Map 64, Lot 93, Darlene Plaisted & Jeff Callahan, Applicants/Georgetown Condos, Owner. (Must close by January 6) - This public hearing was closed.
        
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH #2484 - Special Use Permit for an addition to an existing pool house at Georgetown Condos, Elm St., Zoned R-44, Map 64, Lot 93, Darlene Plaisted & Jeff Callahan, Applicants/Georgetown Condos, 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.      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.
4.      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.
The motion was approved by a 7 - 0 - 0 vote.
           d.   PH #2486 - Special Permit for construction of a bankball court and modification of two softball fields with related site work at Brainerd Park on Brainard Road in an R-33 District, Map 58, Lot 88, Town of Enfield, Applicant/Owner. (Must close by January 6) - This public hearing was continued to December 16, 1004.

                  e.    PH #2481 - Initiative by the Enfield Planning and Zoning Commission for a Zone Change from Residential 44 (R-44) to Residential 88 (R-88) for properties bounded by Fletcher Rd. to the north; Laughlin Road to the east; the Town Line to the South; and Rail Road Right-of-Way to the west.  Properties also as shown on Assessors Map 104, Lots 3 and 7; Map 105, Lots 1 and 2; Map 106, Lot 1 and Map 107, Lots 3 and 4; Properties owned by Kogut Florist & Nurseryman, Inc; REM Motor Rental; Valley Farms; Myers Nursery, Inc; Marlene Brooks. (Must close by January 6) - This hearing will be held on December 16, 2004.

                    f.  PH #2482 - Initiative by the Enfield Planning and Zoning Commission for a Zone Change from Industrial 1 (I-1) to Residential 33 (R-33) for properties located at 59 and 69 West Street, Map 7, Lots 13 and 14; Joel Bud, Alfred Kozaczka, owners. (Must close by January 6) - This hearing will be held on December 16, 2004.
10.     Old Business
11.     New Business
SPR #1296 - Application for a 4 bay car wash at 290 Enfield Street (West by Catalina Dr., South by Manning Rd.) Zoned, BG, Map 34, Lot 160, Alan K. Tracy, Applicant/Inglewood Realty LLC, Owner.  - Commissioner Duren  made a motion, seconded by Commissioner Krebs, to approve SPR #1296/ SAN 1203 - Application for a four-bay car wash and related signage at 290 Enfield Street (west by Catalina Dr., south by Manning Rd.) zoned, BG, Map 34, Lot 160, Alan K. Tracy, Applicant/Inglewood Realty LLC, 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:
Proposed Car Wash  290 Enfield Street, U.S. Route 5, Enfield, Connecticut, November 10, 2004, Revised t November 30, 2004". List of Drawings and Vicinity Map
"Layout Plan Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet LA-1, Scale 1"= 20', By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
"Landscape Plan Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet LS-1, Scale 1"= 20', By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
"Grading & Erosion Control Plan Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet GR-1, Scale 1"= 20', By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
"Utility Plan Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet UT-1, Scale 1"= 20', By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
"Details Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet SD-1, Scale: "N.T.S.", By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
"Details Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet SD-2, Scale: "N.T.S.", By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
"Details Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet SD-3, Scale: "N.T.S.", By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
"Details Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet SD-4, Scale: "N.T.S.", By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
"Notes Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet NT-1, Scale: "N.T.S.", By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
"Property/Topographic Survey Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet PS-1, Scale 1"= 20', By F.A. Hesketh & Associates, Inc., dated 06-16-04.
"Building Floor Plan and Elevations Prepared for Magic Minit Car Wash - 290 Enfield Street, Enfield, Connecticut" Sheet A-1, Scale: "As Shown", By F.A. Hesketh & Associates, Inc., dated 11-10-04, revised to 11-30-04.
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 1296" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3.      A detail for the sidewalk ramps at the proposed driveway entrance shall be added to the plans and the material depths of the cross section should match that of the dumpster pad. The detail should also indicate that the ramps will meet current ADA requirements.
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.      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.

6.      A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.

7.      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.

8.      A separate erosion and sediment control bond shall be submitted in the form of cash, check or a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
9.      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 :
10.     If the tree labeled on plan sheet UT-1 as "large dead tree"  is dead and located in the State right of way, the Applicant shall contact the Tree Warden regarding its removal for public safety reasons.  If the tree is dead and on the Applicant's parcel, the Applicant shall have it removed for public safety reasons
11.     Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
12.     The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
General Conditions:
13.     This application was reviewed and approved under the Upper Enfield Street Design Overlay District standards any changes to the exterior elements of the site including, but not limited to, signs, architectural elevations, and lighting will require additional review and approval.
14.     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.
15.     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.
16.     Any changes to the existing vegetation line or other landscaping as approved on the plans will require additional reviews and approvals.
17.     A building permit for the construction of facilities as approved must be obtained by December 2, 2009 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.
19.     The lights closest to Catalina Drive at the rear of the property shall be turned off at 11:00 p.m.
20.     If the vacuums should become a problem, they are to be turned off at 11:00 p.m.
The motion was approved by a 7 - 0 - 0 vote.
21.     SPR #1298 - Application for addition of a parking lot, approximately 59 spaces at 1 Anngina Drive, Zoned I-1, Map 82, Lot 26, Precision Camera Repair, Applicant/Owner. - Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the application for the addition of a parking lot, approximately 59 spaces, at 1 Anngina Drive, and that Mr. Giner oversee this project with the Town Engineer.  The motion was approved by a 7 - 0 - 0 vote.
12.     Bond Releases
13.     Other Business   
a.      Section 8-24 Referral - Conveyance from Town Council of property and improvements to Lego Fulfillment Center, at 1 Lego Way property off Moody Road. - Commissioner Duren made a motion, seconded by Commissioner Hickey, to recommend approval of the Section 8-24 Referral regarding the conveyance from the Town Council of property and improvements to Lego Fulfillment Center, 1 Lego Way, property off Moody Road.  The motion was approved by a 7 - 0 - 0 vote.
b.        Applications To Be Accepted   
The following applications were accepted by the Commission:
SPR#1299 - Application for interior remodel of existing D'Angelo's Sandwich Shop including kitchen equipment, seating and finishes.  Minor exterior modifications including replacement of signage, painting and addition of an awning at 12 Hazard Avenue, zoned BR, Map 56, Lot 22, WD Partners, Applicant/Papagino's, Inc/D'Angelo's, Owners. - This application will be considered on the December 16, 2004 agenda.  
SPR#1300 - Application to add cooling condensers next to the existing building at 175 Freshwater Boulevard, zoned IP, Map 55, Lot 1, Kevin Nelson, Applicant/Eppendorf Real Estate Corporation, Owner. - It was the consensus of the Commission that Mr. Giner approve this application administratively as long as the condensers are screened and the tanks are painted a color that is aesthetically pleasing.
c.      Preliminary Discussion with Scott Nielsen regarding possible changes to American Inn (Mayfield Drive) development.
d.   Other
It was the consensus of the Commission that Mr. Giner draft new regulations to be included in the Subdivision Regulations regarding the lengths of cul de sacs.
Regarding the change from Ground Round to the 99 Restaurant, the consensus of the Commission was they could begin the interior work but the Commission would like to see any exterior changes.
14.     Adjournment - Commissioner Weseliza made a motion, seconded by Commissioner Krebs, to adjourn.  Following a unanimous vote, the Commission adjourned at 9:53 p.m.

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