The Town of Enfield, Connecticut - PZC 04/05/07 Minutes

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THESE MINUTES ARE PRESENTED IN DRAFT FORM AND HAVE NOT BEEN FORMALLY APPROVED BY THE ENFIELD PLANNING AND ZONING COMMISSION

OFFICIAL COPIES OF MINUTES, WHEN APPROVED, CAN BE OBTAINED FROM THE TOWN CLERK OR PLANNING OFFICE.

ENFIELD PLANNING AND ZONING COMMISSION

MINUTES OF A REGULAR MEETING

APRIL 5, 2007

A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, April 5, 2007, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman DiPace called the meeting to order at 7:40 p.m.

PRESENT: Anthony DiPace, Chairman

Elizabeth Ballard

Charles Duren

James Hickey, Jr.

Nicles Lefakis, Alternate

Charles Ladd, Alternate

Kathleen Sarno, Alternate

ALSO PRESENT: Jose Giner, Director of Planning

MINUTES

Commissioner Duren made a motion, seconded by Commissioner Hickey, to add approval of the Minutes of March 15, 2007 to tonight’s agenda. The motion was approved by a 7 – 0 – 0 vote.

Commissioner Hickey made a motion, seconded by Commissioner Ballard, to approve the Minutes of March 15, 2007. The Minutes were approved by a 5 – 0 – 2 vote. Commissioners DiPace and Lefakis abstained.

STAFF COMMENTS

a. Town Attorney – In Person

Assistant Town Attorney Maria Stavropoulous stated the Commission should have before them the latest Town Attorney report dated March 26, 2007. There are two cases in the preliminary stages and the Town Attorney’s Office is preparing the return of record. In one case the record will be filed next week in court. The second one will be filed in May. Attorney Stavropoulous stated if the Commission wants to discuss these in detail, an Executive Session can be scheduled. At this point, it’s fairly early in terms of any developments in either of the cases.

Chairman DiPace asked if an application came before the Commission with the new requirements to notify the water companies and they don’t do so, would that be information that should be added. Attorney Stavropoulous stated it would depend when the application was filed and when the regulation went into effect. There are different requirements. If the application was filed before the regulations were passed the answer would be no.

Chairman DiPace stated this has been in effect for one and a half years. Attorney Stavropoulous stated for the court it needs to be on the record and she is speaking generally. Typically, the regulation would have to be in place and they would need to know about it. If there is a reason, it would be stated or there would be evidence on the record to support it.

b. Zoning Enforcement Officer – In Person

Mr. Bickley responded to Commission questions regarding his report.

Commissioner Duren addressed home occupation, item 3, and stated he hoped he was not going to have equipment at that location. The welding equipment is usually mounted on the back of a truck. Mr. Bickley stated it would be part of a commercial vehicle that the owner is allowed to have. Commissioner Duren recalled a problem with a similar use. Mr. Bickley stated this use is on approximately thirty acres on Shaker Road.

Commissioner Duren asked about the tree removal. Mr. Bickley stated that service is performed elsewhere and not at the location stated. The vehicle is a pickup truck. Mr. Bickley stated the owner is a retired gentleman.

Commissioner Duren brought up Roosevelt and asked that Mr. Bickley keep an eye on it.

Commissioner Ladd stated number six is also a tree service. Mr. Bickley stated this would just be for a home office and a one-man operation.

Commissioner Sarno asked about nuisance wildlife where animals are removed and released back into the wild.

Commissioner Ladd asked when the North Street greenhouse would be completed as far as cleaning up the property. Mr. Bickley stated he sent a letter out last week. The owner is in the process of removing the items from the site.

c. Director of Planning

Mr. Giner stated there were a couple of requests before the Commission to start considering allowing boulevards. Mr. Giner has investigated what other towns do and found information from the Town of Somers. What other people call boulevards, they call stem and loop streets. Their requirements are for two roads at least 18’ wide separated by a 12’ strip. They have other requirements about the town not maintaining it and setting up homeowners associations to maintain those streets. Mr. Giner will contact the Town Planner in Somers to ask how this regulation has worked and if there have been any issues. Mr. Giner sent an email to the gentleman who previously appeared before the Commission regarding boulevards to see if he knew of any towns with standards for these types of boulevards. Mr. Giner stated he does not know what types of issues Public Works would have with boulevards. Chairman DiPace felt boulevards are worth looking into and he recommended further research to determine if they would be beneficial to the town. Mr. Giner felt the key issue is getting the Fire Chiefs’ opinions from a public safety perspective.

Mr. Giner brought up Dunkin Donuts. A while back the Commission had approved a drive-through window in Stella’s plaza. Dunkin Donuts is taking it over and did not anticipate they would have to install condensers and mechanicals on the roof. They now need to have them screened. Mr. Giner asked if this is something that can be handled administratively. It was the consensus of the Commission that Mr. Giner handle this item administratively.

Mr. Giner stated the Commission has received the latest report dated March 30, 2007 from the Town Engineer regarding their site visit to Shaker Heights. They told the developer what other forms they wanted installed and they are checking those to see how they are working.

Mr. Giner stated some people had concerns with some of the issues going on with the Bull Brothers. On O’Hear Avenue, there was an issue with one of the garages that was not there before.

Mr. Giner reported on some courses available to Commissioners.

Commissioner Duren asked that Mr. Giner keep an eye on Mayfield. Mr. Giner stated they are aware of the conditions of the project. Chairman DiPace brought up the silt fence along the front where the sidewalk is by the road. The dirt is all over the sidewalk making it impassable. Mr. Giner will request that Engineering visit the site. Mr. Giner also reported that some of the residents on the Massachusetts side were concerned about how close the units are. The plans don’t show any buffers along the Massachusetts border. Mr. Giner noted this approval goes back to the nineties.

Chairman DiPace further discussed Mayfield and stated if they do come back for any changes whatsoever, at that time the Commission can address some landscaping. He drove by the site and they stripped the trees and the units are right up to the back yards. Mr. Giner stated they took everything down at once. He will keep an eye on the tracking of mud or dust. Mr. Giner’s understanding was the new owner was interested in coming before the Commission for some changes. Further discussion on tree removal followed.

PUBLIC PARTICIPATION

Robert Mercier, 25 Somers Road, stated he has a water problem on his property along with some of his neighbors. His neighbor, Mrs. Divenero, is trying to sell her house and all the water from Mrs. Leveille’s lot is going into her house. Her sump pump is pumping water into the street and it is coming to his home. Mrs. Leveille’s lot is full of water and the water is not sinking into the ground. Every time it rains, the lot fills up. Mr. Mercier felt there was a problem with the retention pond.

Chairman DiPace felt a lot of the problem is the detention pond that is there may not be overflowing but a lot of the water is running around it. It is missing the detention pond and running around it.

Robert Mercier stated the area is all clay and the water doesn’t go anywhere. It fills up the lot and then it starts coming out into the street. It is eating up the entire road. Mrs. Divenero at 23 Somers Road is trying to sell her house and her septic tank is filled up constantly. 23 Somers Road is located to the north of Mr. Mercier’s house.

Mr. Mercier stated Mrs. Leveille’s lot filled up last week and the water doesn’t have any place to go. It is going into both 23 and 25 Somers Road. Mr. Mercier stated the water is running down Somers Road like a brook. He has been here for forty years and all of a sudden this is occurring. Mr. Mercier stated another adjoining property has a half a foot of water in the back of his home. The road is full of holes because of the water flow and the ruts are quite deep.

Chairman DiPace stated a recent memo from the Town Engineer states that part of the problem was the ground was still frozen on March 2. He doesn’t think the ground is frozen at this time. Mr. Mercier stated when the ground is frozen, the problem is a lot worse. Chairman DiPace stated the Town Engineer was out to the property this past Friday. He suggested the Town Engineer revisit the site on Monday after the predicted rains to see what is happening on the property.

Mr. Giner stated a lot of the problem may be when they box off the road, it is not finished and the curbing is not in. Now that it is spring, the asphalt plants should be opening. Mr. Giner will find out what the plans are regarding the completion of the road. Mr. Giner stated one of the priorities has to be to finish and curb the road so that the water does flow into the catch basin the way it is supposed to.

Mr. Mercier stated Mrs. Leveille has a lot with a retention pond in the back. Chairman DiPace stated if the retention pond was working the way it was supposed to, the water should not be flowing on to her property. Mr. Mercier stated the lot constantly has water in it every time it rains.

Chairman DiPace asked about the system in place. Mr. Giner stated there are two detention basins. When the first one overflows, it goes to the bottom one. Then there’s a level spreader. During their last visit, it looked like the level spreader was not working correctly. It was all discharging in one area. This problem was conveyed to the developer.

Mr. Mercier stated when there is a torrential rain, half of his lawn is full of water and ice. During the October storm, he had to plow the road because the water was pushing mud down the road.

Mr. Mercier stated when the ground is not frozen, the problem is not as severe but the water starts going into everybody’s house. There is a need for storm drains on Somers Road. Now, the road is higher than their land. Chairman DiPace noted if there were storm drains on Somers Road, that is still not going to stop the water running through the yards. Mr. Mercier stated the contractors told him the only way to stop the problem is to get an easement on one lot, put pipes out to the street and run them into a storm drain. It would go from the project, to Mrs. Leveille’s, to the street and then go all the way down to the brook on the Enfield Somers line.

Commissioner Duren asked where do the storm drains that are connected on the road drain into. Mr. Giner stated those go into the detention basin with a level spreader.

Chairman DiPace asked if there is an old storm drain in the area. Mr. Giner elaborated on the area and stated they were asking the town to provide some drainage. He agreed with Mr. Mercier that the road is higher than the properties. There is no positive drainage downstream from where the water is and this has been a problem for twenty years. It looks like it has gotten worse since the development in the area.

Mr. Mercier stated the project did not help any. He further added that if he had a family living in his home, he would not be able to live there because of septic problems. He noted his neighbor is trying to sell her home and this has created problems for her.

Commissioner Hickey asked if these are issues before the Commission or engineering issues that the town needs to address.

Mr. Giner stated the issues with the development and with the drainage in the road are certainly issues that the town needs to address. These issues were there with the septic systems failing and not having adequate drainage. Some discussion followed on the bonds presently in place for Shaker Heights.

Mr. Mercier stated one of the new homes, 2 Taylor Road, is pumping water out of their cellar.

Mr. Mercier stated he is getting all the macadam from the street going into his yard because the road is washing out.

Commissioner Duren asked if Mr. Mercier has talked to the Town Council about the septic problems and the drainage in the road. Mr. Mercier stated he has not. Mr. Giner stated Engineering agrees that Somers Road doesn’t have drainage and it is an item that needs to be put on the priority list for capital improvements.

Chairman DiPace stated there is a need for the water to stop draining on the resident’s properties from the adjoining development. He would like to see a solution to the water draining from this development on to the Somers Road properties.

Mr. Mercier confirmed that prior to this development, he didn’t have the water running down his street.

Chairman DiPace stated he wants Engineering to go out to this area and he wants some answers. Commissioner Duren agreed that there is a problem and someone has to address it. Chairman DiPace offered to meet town officials on the property.

Mr. Giner stated North Central visited the site and they did make some recommendations which the developer put in for erosion controls.

Mr. Mercier stated the problem has to be fixed.

Joanne Divenero, 23 Somers Road, discussed the ongoing problems on her property. It started with mud and silt pooling into her back yard. On September 16, 2004 her husband, John, was diagnosed with brain cancer. On that day there was a heavy rain and that is when all the trouble started with her yard. There was a great deal of mud, silt and water just pouring into her back yard which she never had before. Her lawn, pool and patio were covered. Ever since then, there has been nothing but problems. She acknowledged the area is wet but stated never like this. She has had to pump out her cellar constantly and one week her cellar flooded three times due to heavy rains. Ms. Divenero stated she has put the home on the market recently and the inspector rendered her septic system no good. She has been told she would have to spend $30,000 to $40,000 to fix it and she doesn’t have the funds. Consequently, she cannot sell her house. She had a buyer but they backed out when they saw the problem.

Jack Sheridan, Buchanan Road, showed an aerial map of the area which shows the retention ponds. The topographical map shows at the top of the ridge of Shaker Heights Subdivision is 290’. At the Divenero location, it is 210’. The Taylor Road side is 210’. Mr. Sheridan noted the curbs are already in along with a rough surface road. The water that is coming from the rain and the road is going into the retention pond. That is where those pipes are hooked up. The retention pond does overflow and since last Friday when they were out looking at the pond, they have now put a silt screen in front of the overflow pipe. Mr. Sheridan stated the last time Chet Ladd was here he stated he has never seen water go into that pipe. He questioned why a silt screen was necessary. Mr. Sheridan stated he was in the Divenero basement up to his knees in water previously trying to get the furnace going. There was previously a finished basement and Mrs. Divenero has had to have it all torn out because of water damage. The septic tank is working in reverse because all the water from the side lot which is right in front of the line for the overflow pipe for the retention pond does happen to run right down between the north side of the Divenero lot and Mrs. Leveille’s lot. Mr. Sheridan questioned how Mrs. Leveille would ever be able to sell her lot because it is constantly flooded. Mr. Sheridan stated while the residents in the area may have problems with water in the spring, it was never a problem that rendered their homes useless. Mr. Sheridan explained they cannot use the septic system in the Divenero home and the tank is dug up right now. You can see the water coming into the septic tank from the water on the side lot. It is a tough situation. This was not there before Shaker Heights. They have cut down all the trees and all the rain that is not in the street runs down on both sides of those lots and into the three lots on Somers Road. Mr. Sheridan witnessed #2 and #6 Meecham Drive and both of those people had trucks in there with hoses coming out the windows. He did not feel that any of the landscape bonds should be released.

Mr. Sheridan stated regarding the rip rap, Mr. Ladd said the last time he was before the Commission that they ground up stumps and buried them up there. He testified to that. Mr. Sheridan did not know that was legal but Mr. Ladd was trying to attest to the fact that they did everything they could to keep the silt from coming down. Mr. Giner stated the stumps are on the surface and are being used for natural check dams. The piles of brush were used as filters for the water along with the check dams.

Joanne Divenero stated she did call the town Department of Public Works and they said they were well aware of the problem and things were being discussed. Ms. Divenero asked if anything concrete is being done about the situation. She questioned if her home is going to be condemned and asked what she should do.

Chairman DiPace stated the Commission will try to find a solution so that the water doesn’t run down there. He acknowledged something does need to be done.

Mr. Sheridan stated Mrs. Leveille is here and she has three lots and has been paying taxes on these lots all these years.

Charles Cybulski, 27 Somers Road, stated he built his home in 2004. One of the conditions for him to put his driveway through the wetlands area was he had to put down filter fabric, put a pipe down, put down four feet of washed stone and then wrap the filter fabric back over, put processed over the top of that and then he could pave it. This was in case of heavy rains and whatever couldn’t flow through the pipe would flow through the stone. Now, Somers Road being an old road and very thick, the crown of the road is so much higher than the shoulders of the road and there is no way the water can flow over the top of the road. If you look at the lay of the land, the property on the west side of Somers Road is higher than the property on the east side of Somers Road where if they had stone lined under the road, the flow of the water would go naturally to the wetlands on the east side of the road. Instead, it gets to the road, hits that dam and then heads south. Mr. Cybulski stated he is concerned with all this orange silt that has been rushing down from this project. He has had the developer out there and Mr. Ladd has worked with him when a landslide area came into his yard. The orange silt has gotten into his well at least four times and they were unable to use the water for at least a week. This seems to happen when they are working with the heavy equipment or when they were felling the trees in the area. There is rock ledge only ten feet before the surface and Mr. Cybulski was told that the vibration can cause this silt to run between the veins and get into his well. Since they’ve stopped working for the winter, he has had no problems with orange water. As far as the drainage, Mr. Cybulski stated the water should be allowed to run to the east.

Stephanie Rypysc, 31 Somers Road, has a four-year old horse which is presently standing in four to five inches of red mud. She discussed the horse getting stuck in the mud and the dangers this poses to the horse. She stated water is loosening up the posts on her property. She stated the water is running down her driveway and going into her wetlands. There was a huge issue when they had to install their driveway and they had to install a silt fence. She noted all the red clay is in her water. She presented pictures to the Commission showing the condition of her property.

Commissioner Hickey stated he recalled Mr. Ladd informing the Commission that there was no silt running on to adjacent properties.

Chairman DiPace stated the Commission has been going round and round for a few months regarding this problem. The frost was brought up and now the frost is gone. He noted these conditions are not acceptable. Chairman DiPace stated Engineering needs to go out and visit the site between now and the Commission’s next meeting. They need to find out what is going on and find a solution. If no solution surfaces, Chairman DiPace stated his recommendation is to make a motion and hold up from here on any more c.o.’s for any buildings that are being built. Nothing gets sold and nothing gets a c.o.

Commissioner Duren made a motion, seconded by Commissioner Lefakis, that a reasonable solution be developed within the next two weeks for the next meeting of the Commission regarding Shaker Heights or all c.o.’s from here on will be held up. The motion was approved by a 7 – 0 – 0 vote with Alternates Ladd, Lefakis and Sarno voting.

CORRESPONDENCE

Chairman DiPace reported receipt of a March 16, 2007 lawsuit from Somerset Development Corporation. Chairman DiPace also noted receipt of a letter dated March 27, 2007 from the Enfield Revitalization Strategy Committee with a request for a moratorium on conversions.

Mr. Giner reported on the request for a moratorium on conversions and stated he thought the concern was that there are some plans going on with the train station in that neighborhood and it may be premature to allow commercial spaces. The moratorium request was to wait until these plans are better formulated. Mr. Giner stated moratoriums are treated like a zone change with a public hearing with language included in the regulations for a set period of time with a defined purpose. Commissioner Hickey recalled the recent hearing for commercial space in the Thompsonville area and he felt the Commission came to a reasonable decision. He does not think a moratorium is in order. Mr. Giner noted a moratorium would not impact anything that has already been approved. Commissioner Duren felt it would make a difference if the bridge was still there. It was Commissioner Duren’s opinion that unless the station was eminent in a year it would not make a difference to hold up something for something that is so unsure.

Chairman DiPace acknowledged the Thompsonville Revitalization Strategy Committee may have some valid concerns. Prior to instituting a moratorium, he suggested arranging a meeting with the Committee to discuss their main goals and their plans. Chairman DiPace agreed that the only way to revitalize Thompsonville was to have the store fronts on the first floor and apartments upstairs. Chairman DiPace felt the Committee should show the Commission some exterior facade changes that they want. Commissioner Duren noted the recent Commission approval involved a conversion that had already occurred. A workshop was scheduled for Thursday, April 26, 2007 at 7:00 p.m. in the Enfield Room with the Thompsonville Revitalization Strategy Committee.

Roger Alsbaugh, Assistant Town Planner, stated he appreciates the Commission taking the time to talk about the Enfield Revitalization Strategy Committee’s concerns. He made it clear that their bringing up a moratorium was not at all a reflection of the Commission’s previous decision on an application in the area. It was an opportune time to bring up their concerns. The continued conversion to multiple units or historically commercial units to residential units could be better addressed once the design guidelines are in place. Mr. Alsbaugh has a preliminary draft and the guidelines are in process.

Mr. Alsbaugh stated part of the Revitalization Committee’s continual charge has been to help this Commission. Once the design guidelines are in and the plans assembled for Thompsonville, it will assist this Commission in making things happen. Chairman DiPace noted the Committee’s position is strictly advisory and this Commission’s is legislative. He was in favor of a workshop to further discuss the concerns.

Correspondence also included correspondence from Paul Stacey of the DEP to Robert Flagg of Hazardville Water, a copy of a letter to Mr. Tracey of the North Central Connecticut Chamber of Commerce from Mr. Giner, a letter from Frank and Suzanne Dubish regarding a complaint made at the March 1, 2007 Commission Meeting, the Community Builders Institute Newsletter, and the Connecticut Memo Newsletter.

COMMISSIONERS’ CORRESPONDENCE

Chairman DiPace reported receipt of the Enfield Inland Wetlands & Watercourses Notice of Action dated March 13, 2007, the Zoning Board of Appeals Notice of Action dated March 25, 2007, the American Planning Association magazine, and information on grant writing from Chase H. Sells. Commissioner Duren stated the American Planning Association magazine compliments the Hartford Court for their article on sprawl. Mr. Giner stated the Hartford Courant is getting a national award.

PUBLIC HEARINGS – Continued from March 15, 2007 Meeting:

a. PH#2593 – Change in previously approved Special Use Permit to increase the number of motor vehicles being sold or repaired on the premises to forty (40) on property located at 534 Hazard Avenue, zoned Business General (BG), Map 101, Lot 206, David R. Sarno, Applicant, Keith Prior and Martin Sullivan, Owners. (Must close by April 19.)

Chairman DiPace and Kathleen Sarno did not participate in this public hearing.

Vice Chairman Hickey asked Mr. Sarno to review how he will address the issues previously raised by the Commission.

Mr. Sarno stated he plans to make a grass island on the Route 190 side. He might put a curbing on the Broad Brook Road side because the existing curbing is all broken.

Commissioner Ballard asked about the location of the driveways. Mr. Sarno stated there is one on Broad Brook Road and there are two entrances on Route 190. Mr. Sarno plans to close the middle entrance and install a grass island and clean up the property.

Commissioner Duren understood that parking space 11 has to be removed. Mr. Giner stated he recommended this be removed because it is sticking out into the driveway. The other concern is the possibility of vehicles getting parked on the grass. Mr. Giner suggested instead of just grass that plantings be installed. Mr. Sarno suggested white granite boulders but these were not acceptable to the Commission because it is the state right of way. Mr. Giner further suggested extending the curbing on the south side out a little more and making that a planted island also. If it was extended to the property line, there would be approximately ten feet of planting. This planting would also be a benefit to the residential side. Mr. Giner will include in the conditions that Mr. Sarno come up with a planting plan that staff can review and approve. Mr. Giner showed Mr. Sarno on the plans the areas for planting.

Vice Chairman Hickey asked about the area on Route 190 that is not a divider but is curbing.

Mr. Giner showed the Commission the curbing that is currently broken up and he recommended extending it about seven feet. Commissioner Duren cited another area on the plans that could be planted. Mr. Giner recommended low level shrubs. Vice Chairman Hickey stated the planting plan is covered under condition #7. Mr. Giner stated condition #6 provides for the widening of the island. Mr. Giner stated he would have to make sure that ConnDOT would have no problem with the proposed plantings. Mr. Sarno stated there are presently bushes in the front of the property. Mr. Giner offered to meet the applicant on site to develop a planting plan.

Commissioner Duren asked about item number one. Mr. Giner stated that would include two sets of paper plans. These would be the latest plan as revised with the conditions. The plans are stamped received March 26, 2007.

Vice Chairman Hickey opened this hearing to the public.

Kathy Yacashin, Leary Road, asked how many cars have been allowed there. Mr. Giner stated previously it was a gas station repair and up to eleven cars were allowed. Ms. Yacashin stated it sounds like a substantial increase and for her neighbors and herself she is not in favor of this. Commissioner Duren stated it is not an increase in use but an increase in the number of cars that will be on the lot. There is also no increase in hours of operation. Ms. Yacashin asked if there will be bright lights on the site. She noted that one of the neighbors has a problem with the lights shining into his home already. The neighbor has talked to the property owner. Ms. Yacashin asked if her neighbors would have an opportunity to speak at a later hearing. Mr. Giner stated if the hearing is closed tonight, this is the last opportunity for public input.

Vice Chairman Hickey stated the Commission has the ability to impose conditions on this use. Commissioner Lefakis asked where the neighbor’s home is that is affected by the lights. Ms. Yacashin stated it is on Scitico Road or east of this building. She asked if the property owner could voice his concerns at a later meeting. Mr. Giner added there is a zoning regulation regarding lighting. The neighbor can call the Planning Office and they will make sure the light is shielded or turned in such a way that it is not shining off the property.

Ms. Yacashin stated her concern with the application is the intensity and more building up on a quiet dead end street. She is not in favor of the increase in cars. Ms. Yacashin stated the driveway on Broad Brook Road is a right turn only but even if you go to turn right, you have a lot of trouble seeing cars coming up that hill. She thinks it is a visibility problem.

Ms. Yacashin asked if David Sarno is related to Commissioner Sarno. Vice Chairman Hickey stated Commissioner Sarno has recused herself from this hearing. They are related.

Dan Poggie, 8 Duprey Drive, stated he owns the property directly across from this use. He is not in favor or against but he has several concerns about the building as it looks now. He asked if there is a specific plan in place as to what the building will look like afterwards. Right now it is one of the worst blights in the area. Mr. Poggie is also concerned about the gas tanks that he believes are still in the ground. Vice Chairman Hickey stated that is an issue between the buyer and the seller and the DEP.

Mr. Poggie asked if there is a site plan review that has to be submitted. Vice Chairman Hickey stated the applicant is requesting a waiver of the site plan review. Based upon the conditions imposed and the application, the Commission has been given assurances that the property will be cleaned up and put to a better use. Mr. Poggie stated he had to put down on paper what color he was going to paint the building and what bushes were going where and the species.

Mr. Poggie asked how this site would be monitored. Commissioner Duren stated it would be through the Town Planner’s office. Further discussion followed with Mr. Poggie on this point.

Commissioner Duren stated the end result will be it will not look like a gas station but instead a car lot. Commissioner Ladd added there won’t be unregistered non-running cars on the property.

Mr. Sarno assured the first speaker that all the existing lights by the islands will be removed. The whole lot is going to be paved. It will be a better looking place.

Commissioner Duren asked if the tanks are being removed. Mr. Sarno stated they will be removed before he occupies the site. He will do a Phase II on there and he believes the tanks are empty.

Commissioner Duren asked if the Fire Department is involved with the DEP in the inspection of the tanks. Mr. Giner stated usually a fire inspector is there to check on an underground tank.

Commissioner Duren saw a need to include the hours of operation in the conditions. The hours of operation are 7:00 a.m. to 8:00 p.m. Monday through Saturday and 7:00 a.m. to 4:00 p.m. on Sunday.

Vice Chairman Hickey opened this hearing to the audience a second time.

Dan Poggie stated he is concerned that there seem to be a lot of generalities. He would like to see something more specific about the entire project. He asked if there is a list of items that have to be corrected. Vice Chairman Hickey stated there is a list of conditions imposed and he presented that list to Mr. Poggie. Mr. Poggie asked what Mr. Sarno will do to the building. It needs to be painted and there are broken windows. Vice Chairman Hickey stated the issue before the Commission is the change of use. Mr. Giner stated the facade will be maintained and the building will be painted. Mr. Poggie stated when he came before the Commission, no one took him at his word. He had to produce everything. He noted the changes are based on Mr. Sarno’s word and he had concerns. He asked what remedies he has as the person across the street. Vice Chairman Hickey stated if this is approved, there will be specific conditions imposed on how the property is to be operated. If the applicant does not comply, he will be cited by the Zoning Enforcement Officer. Mr. Poggie would like to see a list of the building improvements. Vice Chairman Hickey stated that is not the issue before the Commission. The applicant is seeking to increase the amount of cars that are being sold and decrease many of the other operations that were going on on that piece of property. Through the conditions, he will greatly improve the aesthetics of the corner. Mr. Poggie noted there are no guarantees in writing of what Mr. Sarno is going to do to the property.

Mr. Giner stated if someone wanted to open up with exactly what was there before, they would not have to come to the Commission at all. When you are changing the degree of nonconforming use, the Commission needs to weigh what the improvements are versus what was there before. The facade doesn’t have to be shown if you are not changing the facade. Mr. Poggie stated it is within the Commission’s power to impose conditions regarding the building. He felt now is the time to put in motion the other things that would improve the property and the Commission has the power to do that.

Vice Chairman Hickey stated the use that was there could be reinstituted as of right in the same condition it is in today. What is being proposed are significant changes to the property and cleaning it up to improve the blighted condition that currently exists. Mr. Poggie wants to make sure it gets done and there’s nothing in writing.

Vice Chairman Hickey stated the issue before the Commission is whether the applicant can sell more cars and take out the gas station and repair operation. The applicant has asked for a waiver of the site plan and the Commission is looking at how the property lays out for the positioning of the cars along with landscaping.

Vice Chairman Hickey mentioned the list of conditions to Mr. Poggie. Mr. Poggie stated the conditions don’t list anything specific about the property. Commission members stated Mr. Poggie is welcome to visit the Planning Office and look at the plans in more detail. Vice Chairman Hickey further noted tonight’s hearing is a continuation and the Commission previously went over the site issues in great detail. Mr. Poggie expressed the fact that he is concerned.

Vice Chairman Hickey closed this public hearing.

Commissioner Duren made a motion, seconded by Commissioner Ballard, to approve PH#2593 – Change in previously approved Special Use Permit to increase the number of motor vehicles being sold or repaired on the premises to thirty-six (36) on property located at 534 Hazard Ave, Zoned Business General (BG), Map 101, Lot 206, David R. Sarno, applicant; Keith Prior and Martin Sullivan, Owners, subject to conformance with the hearing record, the submitted plans and the following conditions:

Conditions to be met prior to the issuance of permits:

1. 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.

2. 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.

General Conditions:

3. The westerly drive (closest to the Broad Brook Road intersection) shall be closed off.

4. A sign shall be posted on the Broad Brook Road exit restricting turns to “Right Turns Only”.

5. The plans shall be revised to eliminate parking space #11 shown on the plans received Mar 26, 2007 by the planning Office.

6. The plans shall be revised to show a widening of the divider between the south west portion of the parking area and Broad Brook Road to provide for a landscaped strip of at least 10 feet in width.

7. A planting plan for all the islands separating the parking areas from Hazard Ave. and Broad Brook road shall be submitted for Staff Approval.

8. The primary use is being changed to Automotive Sales. Minor repairs are permitted as an accessory use. Auto Body work is prohibited in the Business General District.

9. A copy of any A-2 surveys that may be required for DMV licensing shall be provided to the Planning Department for the project file. Staff shall review any licensing plans to determine their compliance with this approval. Any changes may require additional Commission approval.

10. 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.

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. Any necessary permits for the construction or operation of the use as approved must be obtained by April 5, 2008 or this approval shall be rendered null and void, unless an extension is granted by the Commission.

Commissioner Duren made a motion, seconded by Commissioner Ballard, to waive the site plan requirements of Section 9.10.2 because the information is not necessary in order to decide on the application’s conformance with the regulations.

Vice Chairman Hickey stated because this is dealing with an existing property and there is a plan that shows changes and upgrades, he sees no reason not to grant to the waiver.

Commissioner Duren agreed. He felt the property is an eyesore to the area and he would agree with approving the waiver.

Commissioner Ladd asked if the Commission should have an as built for the file when this is done. Mr. Giner stated there will be a revised plan. The DMV will require a plan and this is also covered in condition #9.

The waiver motion was approved by a 5 – 0 – 0 vote with Alternates Sarno, Ladd and Lefakis voting.

Regarding the approval, Vice Chairman Hickey felt the proposal by the applicant will clean up a presently blighted corner. He felt the proposal by Mr. Sarno is a diminishment of the use.

Commissioner Duren stated even though there is an increase in the number of cars to be parked on the lot, these will be cars that can be sold and driven. The hours of operation will be specific and there won’t be the night time work on cars. The applicant will only be working on his own cars that have been sold. Also, traffic in and out of the premises won’t be as heavy as the previous use which had gasoline sales.

The main motion was approved by a 5 – 0 – 0 vote with Alternates Sarno, Ladd and Lefakis voting.

PUBLIC HEARINGS - NEW

a. PH#2594 – Resubdivision for four lots (one existing frontage lot plus one proposed frontage lot and two rear lots) at 48 Steele Road, zoned R-33,Map 52, Lot 55 and Map 53, Lot 1, Tim Fortune, Applicant; Tina Smith, Owner. (Must close by May 3)

Chairman DiPace stated the Commission will open all three public hearings at once and incorporate all the information into each hearing.

Tim Fortune, 48 Post Road, appeared before the Commission regarding this application.

Mr. Fortune stated this is a four-lot subdivision. There are two front lots. The northern most one which is currently 48 Steele Road is an existing home. The existing home will have a 3.1 acre lot. The one just south of it is Lot 2. It is a three-quarter acre lot of approximately 33,000 square feet. There are two proposed rear lots, lots 3 and lot 4. Lot 3 has 1.9 acres and minus the access area it would be 1.5 acres or approximately 67,000 square feet. Lot 4 is almost three acres with 122,000 square feet and if you exclude the access, there is 102,000 square feet or approximately two and a half acres.

Mr. Fortune showed the location of the lots on the plans. Lot 1 is a three acre piece and just south of that is a three-quarter acre piece and the plans show the building area for the house. The rear lots, lots 3 and 4, show the driveway which is a common drive for the first 200’. The home on lot 3 is approximately 280’ from the street and the home on lot 4 is approximately 580’ from the street measuring along the center line of the driveway.

Mr. Fortune stated they recently attended an ART staff meeting and have addressed the concerns from that meeting. They put a fire hydrant at the front of the rear lots and they addressed the fourteen inches of crushed stone and eighteen foot wide throughway for fire safety. They will be planting arborvitae and dogwoods along the brook which picks up the storm drainage from Steele Road and surrounding areas. Mr. Fortune stated Mr. John Martucci, the engineer for the site, is present if the Commission has any technical questions.

Commissioner Duren stated in the last memo from engineering there was a problem with the driveway width and the stone. Mr. Giner stated the Commission should have an additional email from Mr. Cabibbo dated March 29 stating the engineering concerns have been addressed.

Commissioner Duren stated the back lots are going to be serviced by sewer pumps. Mr. Fortune confirmed that they would be outside the houses and the responsibility for those would be to the individual homeowners.

Mr. Giner read John Cabibbo’s email comments stating the plans have been revised and the two remaining concerns have been met.

Commissioner Hickey asked about sidewalks. Mr. Fortune stated there is an existing sidewalk along Steele Road in front of these lots and he is not requesting any waivers. Mr. Fortune pointed out the growth of trees on the property which has been farmed since 1928. The tree growth is fifty to seventy year growth. In the area where he is building the homes, it is just overgrown brush. The clearing will be minimal. The trees will not be touched as per wetlands. They cannot disturb anything within the property and drainage conservation easement in favor of the Town of Enfield. The openings in the arborvitae and the dogwoods are for future town maintenance of the ditch. The lots will be very private lots and the abutters will also be afforded privacy.

Mr. Giner stated the drainage ditch exists but there are no formal easements at this time. The town really doesn’t maintain it. One of the conditions of this subdivision was the fact that the town will get a formal right to drain. The applicant will be cleaning out the channel for the town and when the town gets the easement, the channel will be clean. After that, it will be up to the town to maintain that channel. The town will get a formal easement which does not presently exist.

Commissioner Ballard questioned if the area was too wet. Mr. Fortune did not believe so. He has been building homes in Enfield since 1987 and there’s not much land left and most of it is wet. He now knows how to deal with the water and does not believe the area is too wet.

Commissioner Ballard stated she is concerned about the area because when the four homes were built on Weymouth Road in that corner, the property that is proposed tonight to be built upon was considered not buildable because it was too wet. Commissioner Sarno noted this area is farther up. Mr. Fortune stated the homes are over 100’ away from wetland soils.

Chairman DiPace stated when the Commission approved the senior PRD back then, they didn’t have height elevations for the foundations. That information is shown on the plans. If you look at the homes in the surrounding area, the homes would be at about the same elevation or an inch lower. They will not affect the neighbors.

Mr. Giner stated the only outstanding item is the appraiser for the open space. Mr. Fortune stated the town should have that shortly. Chairman DiPace suggested approving this application with the condition that the fee in lieu of open space will have to come back to the Commission prior to the work commencing.

Chairman DiPace opened this hearing to the audience.

Mike Littlejohn 12 Pilgrim Circle, voiced some concerns and brought some things to the Commission’s attention. Eyesores exist on this property. There is a lot that has gone on in this development. There were six or seven Inland Wetlands meetings resulting in a lot of conditions being placed on this property. He felt Commissioner Ballard was correct in her comments regarding the water. He asked that someone go and look at the property and the surrounding neighbors now. He asked that the Commission send an engineer to the property in the next two weeks and look at the area. He is referring to the other side of the creek, the drainage pit, and all the way up to Weymouth Road. Look at the neighbors’ yards and tell him there is not a problem with water. There has been illegal cutting and two months later there was a 30-year storm. Mr. Littlejohn stated he incurred $4,000 damage in rugs he had to replace. His neighbor spent $17,000 on a cracked foundation. Another neighbor had cracked foundations.

Mr. Littlejohn stated the Inland Wetlands Commission put in 21 conditions for this project to go through. He felt where the water is supposed to be going is not where it is going right now. He stated he is going to have a massive mosquito pit because when those houses go up, there’s going to be ponds back there. Mr. Littlejohn felt there is a water problem. Mr. Littlejohn discussed the Inland Wetland meetings and people that came to talk about problems from water that’s backed up on Steele Road. All the water from Parkman School is coming by underneath that pit. Mr. Littlejohn questioned who is going to take care of the pit. He noted he never had a problem with water until the clear cutting started on this property.

Mr. Littlejohn stated this is a pretty big project. He doesn’t think two homes should go in the back because there is definitely a water problem. He asked the Chairman to send the engineer out to the property to look at the area and the water. Take a look at the house on the corner of Weymouth Road and, particularly, the back yard. Mr. Littlejohn further noted that all the children in the area walk that sidewalk and there will be a blind driveway with possibly four cars coming out in the morning. Mr. Littlejohn stated he will get letters from abutting property owners about this project. He noted at one Wetland meeting there were eighteen people present.

Mr. Littlejohn stated it is his understanding that the Inland Wetland conditions are overseen by this Commission. Chairman DiPace stated the responsibility is with the wetlands agent for the town. Mr. Littlejohn asked that the Commission members walk the property now to witness the water.

Commissioner Duren asked that Mr. Giner notify the town department that the culvert under Steele Road should be cleaned out.

Mr. Littlejohn stated one of the things he was really surprised about is they don’t take into effect the blockage under Steele Road. All that water from Parkman School goes underneath that drainage pipe. If you look underneath there now, it is full of silt. The problem he has now is there have been foundation problems in the area. Mr. Littlejohn stated he can get residents to come and speak should this hearing be continued. Chairman DiPace stated this hearing has been advertised and signs have been posted.

Commissioner Duren stated Inland Wetlands approved this project.

Chairman DiPace stated the application is for three new homes on this property and it is minimal compared to what could have been placed on this property. There could have been ten or twelve new homes. Mr. Littlejohn stated there is a bigger problem with that drainage pit from the south side of Steele Road. Chairman DiPace stated the intent is to clean up the area and Mr. Fortune is giving the town access to the ditch. Mr. Littlejohn reiterated his desire that the town send an engineer to the property. Chairman DiPace stated the Town Engineer has been out to the property.

Chairman DiPace discussed the specifics of the drainage from this property. Mr. Littlejohn stated he had a concern with the water pressure in the ground. He felt there will be tremendous pockets of water with the homes going in this area.

Commissioner Duren referred Mr. Littlejohn to the elevations on the plans.

Commissioner Hickey asked about the size of the site that is being subdivided. Mr. Giner responded eight acres. Chairman DiPace stated it is zoned R-33 and the maximum build out could be eight to ten homes.

Chairman DiPace and Commissioner Duren explained to Mr. Littlejohn the Inland Wetlands requirements. Chairman DiPace asked what Mr. Littlejohn wants the town to do. Mr. Littlejohn stated he wants the town to send out an engineer now that the thaw has come to take a look at the water situation. The engineer was out there in the middle of winter when everything was frozen and looked fine.

Mr. Giner stated the design was not done over the winter. The Wetlands hearings began in September and the Wetlands Agency was out at the site in September. Further discussion with Mr. Littlejohn followed and he again asked that an engineer visit the site.

Mr. Fortune stated he spoke to Mr. Littlejohn and offered to bring him a copy of the plans to show him what they were doing. Mr. Littlejohn’s response was it is in my back yard and that was the end of the discussion. Mr. Fortune stated his land on Pilgrim Circle was filled years ago by Mr. Starr and it is quite a bit higher than this property. Their property is the only natural non-wetlands of the whole corner since they have been keeping maps.

John Martucci, Engineer for the applicant, stated the wetland on the property is a drainage channel that was built in 1970 as part of the Pilgrim Circle development. Before Pilgrim Circle was built, it was a wetland. Mr. Martucci went over this with John Cabibbo and he has provided maps for the record during the Wetlands public hearings. He did an entire engineering analysis of the drainage ditch and where all the water comes from this drainage ditch. He presented copies to engineering of the drainage area for this ditch which runs one-half mile. This ditch is about a two-tenths of a percentage slope and it used to come through the middle of Pilgrim Circle. When they developed Pilgrim Circle, they filled it so the water problems with the houses on Pilgrim Circle are due to the fact that they were built on wetlands and fill. He pointed out the soils maps and described the area soils. Mr. Martucci noted this proposal will not affect the hydrology of Pilgrim Circle. The cleaning out of the drainage channel will improve the drainage situation.

Mr. Martucci stated upstream of Steele Road is very flat and there is a lot of flooding back there. They are proposing right from the outlet of the pipes through the property to clean out the channel and restore it so that it will flow and allow water to come through there. The houses have basement floor elevations at or about the existing ground and they are all raised ranches. Mr. Martucci stated on Pioneer the elevation is close to 110’ and at Steele Road it is 113’. This is a two-tenths of a percent slope. When Mr. Martucci walked the property during September and October, the property was very wet. In his report that he submitted to the Town Engineer he noted the brush and debree with logs that actually act as a dam. Once that is cleaned out, that will improve the drainage on the surrounding properties. That is about all they can do. If they make it any deeper, it will be a pond.

Commissioner Ballard asked where the water ends up going in the end. Mr. Martucci stated there’s a six-foot diameter pipe under Pioneer and the water flows into that. They are not increasing the runoff but restoring the channel. The water presently does pond up because of all the brush and debree and cleaning it up will allow it to flow smoothly.

Mr. Martucci stated they analyzed it up to a 100-year storm regarding the capacity of the channel.

Commissioner Hickey stated the issue was brought up about the fact that there’s a high water table and there is a certain degree of wetness. He asked if the four homes would cause displacement for the water table. Mr. Martucci stated even if the homes had full foundations, you could not measure the amount of elevation that it would change. However, all three of the proposed new homes have a foundation at ground level. They will not be displacing any water because they are not putting anything below the ground surface. It should have minimal effect. The basement floor elevation is 119 indicating they are right on the ground. There will be footings but no one could measure the displacement. Mr. Martucci stated even if there was some displacement, the channel is at 110’ or eight feet lower. Any water would go into the channel and downstream.

Mr. Giner stated the remaining outstanding issue would be to get an appraiser for the fees in lieu of.

Chairman DiPace opened this hearing to the audience a second time.

Mr. Littlejohn commented that he is not worried about the privacy of his back yard. He is worried about the water. The houses will not be visible in the summer. He is worried about the pressure going into the ground that caused water during a big storm to come up his sewer pipe and in his cellar. He asked that the Commission ask the engineer about the pressure and he noted it is the water tables he is worried about.

Chairman DiPace stated the engineer went to wetlands. He had to do a hydrology study. Chairman DiPace asked the engineer what the water table elevation is. Mr. Martucci presented a scaled map showing their site and the drainage area of 92 acres. This report was submitted to the Enfield Engineering Department and reviewed by the engineers. They analyzed the whole drainage channel. Mr. Martucci stated their buildings and Pilgrim Circle are at about the same elevation but there’s a channel in between that’s eight feet deeper. That channel will drain any water away before it gets to Pilgrim Circle.

Chairman DiPace stated Mr. Littlejohn’s back yard will drain into the ditch which drops four feet. The proposed site is over about 120’ from his back yard. Mr. Martucci stated the closest house looks to be about 200’ away. From the property line it is about 120’. The 114’ elevation is at the back of the yard.

Commissioner Duren asked about the water flow on the ground. Mr. Martucci stated Pilgrim Circle is built in fill like a mound. The cul de sac is at the high point. The surface water drains one way and on the other side of the road it drains the other way. And then the profile is higher at the cul de sac and then it comes to a low point. Then there’s a fifteen-inch pipe to the channel. Mr. Martucci stated he believes the front yards of the houses drain towards the street and the back yards drain toward the channel. He added there is no amount of displacement that could affect the water table on the other side of the channel because the channel is below that. Further discussion followed regarding the water flow.

Mr. Giner stated the Commission needs to accept the appraiser. He will bring it to the next meeting so that the amount can be filled in for the fee in lieu of amount. He described the three new building lots. Chairman DiPace stated there are currently two lots there but only one was a building lot. One has an existing house and the proposal is three new homes on the eight acres.

Commissioner Sarno asked about the fourth applicant. Mr. Giner stated that is a different location on Steele Road and is down the street. The Commission is considering three separate applications to take into account the two rear lots.

Chairman DiPace presented the list of conditions to Mr. Fortune.

Mr. Giner reported receipt of a memo from the Fire Marshal who stated he was satisfied with the new plans.

Chairman DiPace opened this hearing to the audience one last time. He closed this public hearing.

Commissioner Duren made a motion, seconded by Commissioner Hickey to approve PH #2594 – Resubdivision for 4 lots (one existing frontage lot plus one proposed frontage lot and two rear lots) at 48 Steele Road, zoned R-33, Map 52, Lot 55 and Map 53 Lot 1, Tim Fortune, applicant; Tina Smith, Owner. This application is approved subject to conformance with the referenced plans and the following conditions:

Referenced Plans:

“Resubdivision Plan Lot 55 – Steele Road Prepared For Fortune Builders. Enfield, Conn.” Sheet 1 of 3, Scale:1”=40’, by Aeschliman Land Surveying, PC., dated 2-14-07 and revised to 3-29-07.

“Topographic Map Resubdivision Lot 55 – Steele Road Prepared For Fortune Builders. Enfield, Conn.” Sheet 2 of 3, Scale:1”=40’, by Aeschliman Land Surveying, PC., dated 2-17-07 and revised to 3-29-07.

“General Notes & Details Resubdivision Lot 55 – Steele Road Prepared For Fortune Builders. Enfield, Conn.” Sheet 3 of 3, Scale: “None”, by Aeschliman Land Surveying, PC., dated 2-14-07 and revised to 3-29-07.

Conditions to be Met Prior to Signing of Mylars:

1. Final Plans shall be revised to include “Special Permit Rear Lots” in the plan title as well as the application numbers “PH # 2594/PH #2595 and PH#2596” on the sheets near the title block of each sheet.

2. Notes shall be placed on the plans stating that street trees are a required public improvement and may not be removed without permission of Enfield Planning and Zoning Commission.

3. All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.

4. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this approval motion shall be incorporated onto the final mylars prior to the signing of the mylars.

5. The applicants have chosen to offer a fee–in-lieu of Open Space. The appraisal for the pre-development value of the property is _______ _resulting in a total payment of ____ as fees-in-lieu of Open Space. A note shall be placed on each lot on the mylars stating that a _______ per lot fee is owed to the Town of Enfield prior to the first sale of each lot.

6. The applicant shall post a bond for Public improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town.

7. A separate cash or check Erosion and Sediment Control bond shall be submitted in an amount to be determined by the Town Engineer.

8. A separate Landscaping bond shall be submitted in an amount to be determined by the Planning Department and with surety acceptable to the Town.

9. Any deed or easements for public improvements or land dedication shall be submitted, in a form acceptable to the Town Attorney, to be filed or held in escrow until completion and acceptance of the improvements by the Town.

Conditions to be met prior to the issuance of permits or start of construction:

10. Three sets of final paper plans and one set of mylars, with any required revisions incorporated on the sheets, shall be submitted to signature to the Commission. One set of signed mylars shall be filed with the Town Clerk.

11. Final plans reflecting the approval of the Commission shall also be submitted in a digital format prescribed by the Director of Planning.

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

13. No Building permits may be issued and no lots may be sold within the subdivision prior to a Final Approval being filed on the Land Records.

Conditions which must be met prior to the Issuance of a Zoning Certificate of Compliance:

14. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.

15. No certificates of compliance shall be issued until the Enfield Water Pollution Control Division has inspected and approved the sewer connection for the project.

16. No certificates of compliance shall be issued until the Connecticut Water Company has inspected and approved the water delivery system for the project.

General Conditions:

17. On each lot, upon placement of the foundation or lowest floor, including the basement, and prior to backfilling or further vertical construction, the builder shall submit documentation prepared, signed and sealed by a Connecticut registered land surveyor showing the location of the foundation as well as the as-built elevation of the lowest floor, including basement, and the elevation of the top of the foundation wall. The as-built document shall also include the locations and elevations of any footing-drain outlets when footing drains are required by soil conditions or shown on the approved site plan. The elevations shall be not lower than those on the approved site plan and not more than six inches higher than those on said plan. Any deviations from these tolerances shall subject the site plan to further review. A signed and sealed recommendation and explanation from the Connecticut registered professional engineer who designed the approved site plan shall be submitted prior to approval of any changes.

18. 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.

19. These lots are also subject of separate approvals (PH #2595 and PH #2596) for rear lots under the zoning regulations.

20. This project is subject to conditions of approval from the Enfield Conservation Commission/Inland Wetlands and Watercourses Agency filed separately in the Planning Department.

21. 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, Ladd and Lefakis voting.

The reasons for approval are the application meets the subdivision requirements and the rear lot requirements. The application was approved by the Inland Wetland Commission. It does not adversely impact the development of neighboring properties. It has been approved by the applicant’s engineer as stated on the record.

b. PH#2595 – Special Use Permit for Rear Lot (#3) on resubdivision application PH#2595 on property located south of 48 Steele Road, zoned R-33, Map 52, Lot 55, Tim Fortune, Applicant; Tina Smith, Owner. (Must close by May 3)

Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve PH #2595 – Special Use Permit for Real Lot (#3) on resubdivision application PH #2594 on property located south of 48 Steele Road, zoned R-33, Map 52, Lot 55, Tim Fortune, applicant; Tina Smith, Owner. This application is approved subject to conformance with the referenced plans and the following conditions:

Referenced Plans:

“Resubdivision Plan Lot 55 – Steele Road Prepared For Fortune Builders. Enfield, Conn.” Sheet 1 of 3, Scale:1”=40’, by Aeschliman Land Surveying, PC., dated 2-14-07 and revised to 3-29-07.

“General Notes & Details Resubdivision Lot 55 – Steele Road Prepared For Fortune Builders. Enfield, Conn.” Sheet 3 of 3, Scale:“None”, by Aeschliman Land Surveying, PC., dated 2-14-07 and revised to 3-29-07.

Conditions to be Met Prior to Signing of Mylars:

1 Final Plans Shall be revised to include “Special Permit Rear Lots” in the plan title as well as the application numbers “PH # 2594/PH #2595 and PH#2596” on the sheets near the title block of each sheet.

2. Notes shall be placed on the plans stating that street trees are a required public improvement and may not be removed without permission of Enfield Planning and Zoning Commission.

3. All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.

5. The applicant shall post a bond for Public improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town.

6. A Separate Erosion and Sediment Control passbook shall be submitted in an amount to be determined by the Town Engineer.

7. Any deeds, or easements for public improvements or land dedication shall be submitted, in a form acceptable to the Town Attorney, to be filed or held in escrow until completion and acceptance of the improvements by the Town.

Conditions to be met prior to the issuance of permits or start of construction:

8. Three sets of final paper plans and one set of mylars, with any required revisions incorporated on the sheets, shall be submitted to signature to the Commission. One set of signed mylars shall be filed with the Town Clerk.

9. 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.

10. Final plans reflecting the approval of the Commission shall also be submitted in a digital format prescribed by the Director of Planning.

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

12. No Building permits may be issued and no lots may be sold within the subdivision prior to a Final Approval being filed on the Land Records.

Conditions which must be met prior to the Issuance of a Zoning Certificate of Compliance:

13. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.

13. No certificates of compliance shall be issued until the Enfield Water Pollution Control Division has inspected and approved the sewer connection for the project.

14. No certificates of compliance shall be issued until the Connecticut Water Company has inspected and approved the water delivery system for the project.

General Conditions:

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. This approval is for a Rear Lot. The Rear Lot shall be maintained in accordance with the standards for Rear Lots found in the Enfield Zoning Regulations.

17. This lot is also subject of a separate approval (PH #2594) under the Subdivision regulations.

18. This project is subject to conditions of approval from the Enfield Conservation Commission/Inland Wetlands and Watercourses Agency filed separately in the Planning Department.

19. 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 Lefakis, Ladd and Sarno voting. The public hearing information is included in PH#2494 previously in these minutes.

c. PH#2596 – Special Use Permit for Rear Lot (#4) on resubdivision application PH#2594 on property located south of 48 Steele Road, zoned R-33, Map 52, Lot 55, Tim Fortune, Applicant; Tina Smith, Owner. (Must close by May 3).

Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve PH #2596 – Special Use Permit for Real Lot (#4) on resubdivision application PH #2594 on property located south of 48 Steele Road, zoned R-33, Map 52, Lot 55, Tim Fortune, applicant; Tina Smith, Owner. This application is approved subject to conformance with the referenced plans and the following conditions:

Referenced Plans:

“Resubdivision Plan Lot 55 – Steele Road Prepared For Fortune Builders. Enfield, Conn.” Sheet 1 of 3, Scale:1”=40’, by Aeschliman Land Surveying, PC., dated 2-14-07 and revised to 3-29-07.

Conditions to be Met Prior to Signing of Mylars:

1. Final Plans Shall be revised to include “Special Permit Rear Lots” in the plan title as well as the application numbers “PH # 2594/PH #2595 and PH#2596” on the sheets near the title block of each sheet.