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NOTICE OF ACTION
ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, DECEMBER 16, 2004
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 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 Jeffrey Cooper, Charles Duren, Robert Egan, James Hickey, Jr., Karen Krebs, Karen Weseliza, Samuel McGill, Alternate and Nicles Lefakis, Alternate.
3. Approval of Minutes - November 18, 2004 - Commissioner Krebs made a motion, seconded by Commissioner Cooper, to approve the Minutes of November 18, 2004. The Minutes were approved by a 7 - 0 - 0 vote.
4. Correspondence
5. Commissioners' Correspondence
6. PUBLIC HEARINGS - Continued from December 2, 2004
a. PH#2479 - Resubdivision to allow creation of three residential lots with related street and other improvements on property zoned R-33 off Riverview Street, Map 19, Lot 10, Margaret R. Pappas, Applicant/Owner. (Must close by December 15) - This public hearing was continued. Chairman DiPace requested input from the Town Attorney regarding the drainage of the water runoff into this pond which is partially owned by someone else and what the repercussions could be to the town. Secondly, he would like to know what the court decision was regarding draining into this pond in 1992. Finally, he posed the question if the applicant's engineer states there is zero runoff and the Commission approves this application but finds the runoff is not zero and the town accepts the responsibility, how liable is the town.
The applicant requested an extension in order to hear and respond to the Town Attorney's opinion.
This hearing was continued to January 6, 2005.
b. 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 closed.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to waive the full submission requirements of Section 9.10.2 since the Commission finds that the submitted material is sufficient to determine compliance with the substantive requirements of the Regulations and to approve PH #2486 - Special Permit for construction of a bank ball 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. This application is subject to the following conditions:
Conditions to be met prior to the start of work:
1. This approval will become effective upon the filing of a Special Use Zoning Certificate signed by the Commission Secretary on the Land records. Proof of such filing shall be in the file prior to the issuance of any permits.
2. The limits of clearing for the lawn shall be reviewed in the field with the Wetlands Agent prior to any on-site vegetation removal. Depending on the limits of clearing, erosion and sediment controls shall be installed at staff's direction to contain the cleared area and/or any stockpiled materials until stabilized.
Conditions which must be met prior to the Issuance of a Certificate of Compliance:
3. Final Inspection is required.
General Conditions:
4. This approval is for the bank ball court, field modifications and related site work as specified in the application. Any other improvements indicated as part of the Master Plan are not approved at this time and will require further review and approvals. Any change in the nature of the use or the structures as approved will also require new approvals from the Enfield Planning and Zoning Commission.
5. 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.
6. Construction of the facilities as approved must be commence 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.
The motion was approved by a 7 - 0 - 0 vote.
READING OF THE LEGAL NOTICE
7. PUBLIC HEARINGS - NEW
a. 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 Road to the north; Laughlin Road to the east; the Town Line to the south; and Railroad Right of Way to the west. Properties also as shown on Assessor's Map 104, Lots 3 and 7; Map 105, Lots 1 and 2; Map 106, Lot 1, 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 public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve the initiative by the Planning and Zoning Commission for a zone change from Residential 44 (R-44) to Residential 88 (R-88) for properties bounded by Fletcher Road to the north; Laughlin Road to the east; the Town Line to the South; and Railroad right of way to the west. Properties are also as shown on Assessor's 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.
The motion was approved by a 7 - 0 - 0 vote. This zone change has an effective date of January 3, 2005.
b. 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 public hearing was closed.
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve the 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, with an effective date of January 3, 2004.
The motion was approved by a 7 - 0 - 0 vote.
9. Old Business
10. New Business
a. 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. - Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve SPR#1299 with the applicable standard conditions of approval and with the stipulation that the signage must be submitted and approved separately by staff through the normal permit procedure. The motion was approved by a 7 - 0 - 0 vote.
b. SPR#1302/1303 - Application for change of use from gas station to expanded used car dealership (already existing) at 777 Enfield Street and expanding an existing used car dealership on the property at 767 Enfield Street, zoned BG, Map 29, Lot 53, Anthony Troiano & Sons and Tom Saso, Applicants/ Anthony Troiano & Sons, Owner. -
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve SPR #1302/1303 - Application for change of use from gas station to expanded used care dealership (already existing) at 777 Enfield St and expanding an existing used car dealership on the property at 767 Enfield St., Zoned BG, Map 29, Lot 53, Anthony Troiano & Sons & Tom Saso, Applicants/Anthony Troiano & Sons, Owner. This approval is subject to conformance with the record submitted with the application and the following conditions:
Referenced Plans:
"Site Plan Prepared for Troiano & Sons Oil Co. 777 Enfield Street, Enfield, Connecticut" Scale: 1" =20' Prepared by D'Onofrio Surveying & Engineering, dated Oct. 18 2004.
1. Any internal Fire Code requirements shall be addressed prior to the issuance of a Building Permit and/or a Certificate of occupancy, as the case may be.
2. No deliveries by car carrier are permitted to the dealerships under this permit. Any vehicles delivered to the site shall be individually driven or, if brought by tow truck, unloaded only within the boundaries of the licensed areas.
3. 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.
4. This approval is only for interior change of use. Any new exterior construction must obtain additional Site Plan approval from the Enfield Planning and Zoning Commission.
5. This application discontinues the use of the premises as a retail gas station. The reestablishment of this use will require a new approval from the Enfield Planning and Zoning Commission.
6. The display of vehicles for sale shall be limited to the areas as shown on the referenced plans.
7. No sign package has been specifically approved with this application. Permits for new or replacement signage that conforms to the Enfield Zoning Regulations must be obtained separately from the Planning Office. Specific attention should be given to the sign requirements of Section 8.60 King Street/ Enfield Street Design Overlay District.
8. Any permits necessary for the construction of facilities as approved must be obtained by December 16, 2009 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with the Enfield Zoning Regulations.
9. 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.
Commissioner Weseliza made a motion, seconded by Commissioner Duren, for a recess. The motion was approved unanimously and the Commission recessed at 9:40 p.m. The Commission reconvened at 9:50 p.m.
c. SPR#1301 - Application for renovation of the existing Ground Round Restaurant and converting it to a Ninety Nine Restaurant and Pub. Exterior changes include new exterior building color, signs and awnings. Awning work will consist of new fabric on existing frames at 54 Hazard Avenue, zoned BR, Map 56, Lot 26, Michael S. Cardamone, Applicant/Samuels & Assoc., Owners. - Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve the application for renovation of the Ground Round Restaurant and converting it to a Ninety Nine Restaurant at 54 Hazard Avenue. These renovations include the building color, signs and awnings. The motion was approved by a 7 - 0 - 0 vote.
11. Bond Releases
a. PH#2265 - Request for release of Erosion & Sediment Bond in the amount of $3,700 for Henshon Wingard Tennis Club at 226 Shaker Road. - Commissioner Duren made a motion, seconded by Commissioner Krebs, to release the erosion and sediment control bond for the Henshon Wingard Tennis Club at 226 Shaker Road in the amount of $3,700. The motion was approved by a 7 - 0 - 0 vote.
b. PH#2150 - Request for release of maintenance bond in the amount of $17,187 for Meetinghouse Lane.- This bond release was tabled.
12. Other Business
a. Preliminary discussion with Scott Nielsen regarding possible changes to American Inn (Mayfield Drive) development.
b. Applications to be Received
The following applications were received by the Commission:
PH#2488/FLD #021 - Application for special use permit for construction of a new building for Enfield Federal Community Credit Union to construct their new corporate location, construct a building with parking and drive-in teller facility at Cranbook Boulevard - 700 feet plus or minus east of Freshwater, across from Valvoline, zoned BL, Map 56, Lot 29, Enfield Federal Community Credit Union, Applicant/55 Hazard Avenue Associates LLC, Owners.
SPR#1301 - Application for modifications to former Ground Round Restaurant (will be 99 Restaurant) at 54 Hazard Avenue (application is on tonight's agenda).
SPR#1302-1303 - Applications for changes to dealership (garage and used car sales) at 777 and 767 Enfield Street, Troinao's (applications are on tonight's agenda).
13. Adjournment - Commissioner Weseliza made a motion, seconded by Commissioner Krebs, to adjourn. Following a 7 - 0 - 0 vote, the Commission adjourned at 10:25 p.m.
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