ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
JANUARY 2, 2003
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, January 2, 2003, in the Town Council Chambers, 820 Enfield Street, Enfield, Connecticut. Chairman James Howard called the meeting to order at 7:30 p.m.
PRESENT: James Howard, Chairman
Charles Duren
Robert Egan
Karen Krebs
Jeffrey Cooper, Alternate
Karen Weseliza, Alternate
ABSENT: Anthony DiPace
James Hickey, Jr.
Nicles Lefakis
Joseph Jednak, Alternate
STAFF COMMENTS
a. Town Attorney
A representative from the Town Attorney's Office was not present this evening.
b. Zoning Enforcement Officer
Zoning Enforcement Officer Wayne Bickley noted the format change of his report. The consensus of the Commission was they would like to see this information on a monthly basis.
Commissioner Egan asked about Rich's Oil on North Maple Street which has been ongoing for almost a year. Mr. Bickley stated this site has been issued a cease and desist and has been sent to the Town Attorney's Office. However, since the owner is seeking a remedy, the town's policy is not to go after them.
Mr. Bickley stated the owner has to purchase a small piece of property in order for the new site to comply with the setbacks. Commissioner Egan stated the Commission has seen nothing regarding this site. Mr. Bickley stated he will send the owner a letter.
Commissioner Egan requested that the Commission receive information in writing indicating what is occurring with this property.
Mr. Bickley will have the Town Attorney's Office move ahead regarding this site if nothing is received from the owner.
Commissioner Duren asked about the vehicles on Roosevelt. Mr. Bickley stated a warning letter was sent and a cease and desist order will be mailed tomorrow. Commissioner Duren asked if there is something that can be done permanently since the owner totally ignores correspondence from the town. Mr. Bickley stated this is the second offense in Housing Court and the Housing Court may handle this differently. Mr. Bickley will provide the Commission with copies of any correspondence.
c. Director of Planning and Community Development
Mr. Giner reported the representative from the Town Attorney's Office would be arriving late tonight.
Mr. Giner reported regarding the Hazardville Village study area. He met with the consultants and a meeting is scheduled for January 23 at 7:00 p.m. at the Hazardville Fire Station for the Commission to meet with the ERSC.
Mr. Giner presented plans showing the core area which is the blue area on the map and consists of those properties fronting along Hazard Avenue. The proposal is to have the district, the core area and one or two other sub areas. The reason for this is in looking at the existing overlay map, the area in the front is primarily mixed use commercial. The rest is pretty much residential. If there is pressure for development or redevelopment, it will occur around the commercial properties or residential properties that front on Hazard Avenue that people may want to convert to a business use.
Mr. Giner stated the plan originally had the line in a different location but in overlaying the land use map, it became clear there were some existing commercial uses already there. Where the orientation was towards Hazard Avenue with some of these commercial uses, the line was brought around. Mr. Giner pointed out one street which has no orientation towards Hazard Avenue and this street may be kept out of the proposed district. He also pointed out the National Register Historic District line or the second area the Commission was concerned about. Mr. Giner also pointed out other properties that may be kept out of the district.
Mr. Giner stated they are looking at another sub area for the old industrial zone section. What the Commission will see within the next month is a more updated set of regulations which are almost ready for adoption for the core area and suggestions for the direction to take regarding the zoning design guidelines.
Mr. Giner pointed out on the map the boundaries of the historic district proposed. They have been considering whether there is a need to actually do a village district based upon the way the state statutes are or whether it should be just a traditional zoning ordinance.
Commissioner Egan brought up the fact that the land in the back is all industrially zoned. Mr. Giner confirmed this and pointed out areas on the map which are really not in the historical section.
Mr. Giner stated if the industrial does not fit in this area, there might be incentives added to encourage nicely designed apartments in the current industrial area. Commissioner Egan felt this was a good idea because once this industrial use is gone, the town would not want anyone coming back doing the same thing.
Mr. Giner identified one industrial site on the map which will be coming under some type of change in the next ten to twenty years. It is a nonconforming, old industrial site that at some point will not exist. Commissioner Duren stated this site has changed hands several years ago.
Mr. Giner stated the Commission will receive a more updated report on the Hazardville area.
Commissioner Cooper brought up the antique shop on Hazard Avenue located in the middle of this new district and whether it is moving. Mr. Giner stated the property was for sale at one point.
Mr. Giner stated the draft regulations propose an overlay and keep what is residential now shown in yellow as residentially zoned. The overlay district would then allow certain types of uses within the commercial areas. In some cases, the regulations would be stricter and in some cases would allow more options. The residential would allow similar uses to the regulations regarding limited office. They would be the same guidelines adopted for the limited office zone. The Commission will receive this information in their next meeting packet.
Mr. Giner suggested that at the meeting with the ERC that the area property owners be invited to attend. The Commission concurred with this suggestion and requested that Mr. Giner invite those residents included in the proposed core area. Mr. Giner stated there is not sufficient time to notify everyone located in the district but he would do so for the core area.
Chairman Howard confirmed that the Commission will meet with the ERC on January 23, 2003 at the Hazardville Fire Station and invite residents and business people to that meeting.
Mr. Giner brought up the skating rink at Powder Hollow. The Commission, at their last meeting, authorized Mr. Giner to approve this use administratively. Since then, Mr. Giner has received a second application for a skating rink at A. D. Higgins. Mr. Giner stated he was waiting for the risk manager to come up with suggestions for the Powder Hollow rink and that is in process. The A. D. Higgins temporary structure is proposed to be located behind the softball field. The Commission directed Mr. Giner to handle this second skating rink administratively.
Mr. Giner distributed information on a site zoned BR-1. The thought was this site might not be appropriate for some type of commercial use since the site drops off quite a bit. The people that were looking at this property were trying to find out whether the Commission would be amenable to considering some high end apartments at this site over the river. It is also not adjacent to other uses. Commissioner Duren questioned how another entrance would be added since the only entrance now is by the cemetery. Mr. Giner did not feel this site was appropriate for heavy duty commercial traffic.
Chairman Howard stated according to the regulations, if there is only one entrance and one outlet, you can only have so much development. In looking at this piece of land, the proposed development would be way beyond the limits. Commissioner Duren also questioned the access by fire trucks.
Mr. Giner stated the Commission may be receiving a preliminary review request regarding this parcel of property on Route 5 in the vicinity of Exit 46 to I-91. It abuts the cemetery. This is a parcel of property privately owned and the current zoning, in Mr. Giner's opinion, is not appropriate. The property is being marketed by Colliers Dow Condon. Commissioner Egan suggested someone talk to the property owner about a donation of this property for open space.
Mr. Giner brought up the BR-1 parcel on the corner of Phoenix Avenue where the Town Council and the Economic Development Authority have approval power over the type of restaurant that goes into the hotel. This application is before Inland Wetlands. Depending on the new client being considered, there may need to be some minor revisions to the footprint. The hotel is all set and the type of restaurant needs to be decided. Mr. Giner stated there was some additional encroachment with drainage to the wetlands and they were working on an alternate plan. The new wetlands agent thought there was a way they could accomplish this without any additional impacts.
CORRESPONDENCE
Chairman Howard reported receipt of the Inland Wetlands Notice of Action.
COMMISSIONERS' CORRESPONDENCE
Chairman Howard reported receipt of a job announcement for a Planner 3 in Norwich. Also received was the American Planning Association magazine.
OLD BUSINESS
a. Bond Releases
1. Request for de facto release of expired bonds per memo from the Finance Director dated December 19, 2002.
Mr. Giner stated the Finance Director requested the release of expired bonds per his recent memo.
Commissioner Duren noted some were passbook accounts that had been closed and sent to the state. He questioned why they were not returned to the town and why would the bank send them to the state if they were being held for the Town of Enfield. Mr. Giner stated in some cases, they released money that required two signatures under only one signature which should not happen.
Commissioner Duren stated there are also fees involved and he questioned if the bank initiated this, why was a fee necessary from the town. Commissioner Duren also asked how far this goes back. Discussion of individual bonds followed. Mr. Giner noted a lot of these letters of credit were from situations where the banks went under.
Commissioner Duren's understanding was when such a letter of credit is submitted, that they have to have a letter from the town treasurer confirming that it is alright to release it. Mr. Giner confirmed that is correct. He stated now when a passbook is submitted, it requires two signatures for withdrawal and the applicant has to give the town a signed withdrawal slip should they decide to call the bond.
Chairman Howard asked for Mr. Giner's recommendation. Mr. Giner stated the town needs to close their books and the Finance Director needs a motion from the Commission to release these bonds. Mr. Giner suggested that the Commission release them without prejudice. Commissioner Duren questioned if the Town Attorney has checked this procedure. Mr. Giner stated these are not collectible bonds and they have expired. They are letters of credit that are on the books and the town has the passbooks but the money has been withdrawn.
Commissioner Duren stated there was a period of time when the banks were having problems that the town lost a lot of letters of credit because the banks were not honoring them. Mr. Giner stated this occurred in the 1980's and he stated some of the bonds being requested for release are with banks that went under. Commissioner Duren stated he could see releasing these but he had a different opinion regarding those sent to the state.
Commissioner Krebs asked if the Town Attorney's Office has reviewed this request.
Commissioner Egan stated on the letters of credit, if they are not released, they are called so they are paid to somebody. The bank will not release the letter of credit until the terms are fulfilled. Mr. Giner stated the old letters of credit expired. Mr. Giner discussed steps he would require in former positions regarding letters of credit.
Chairman Howard suggested the Commission hear personally from the Finance Director prior to taking action on this request for bond releases.
Commissioner Weseliza asked if these letters of credit are no longer valid and have expired what is being requested for release. Mr. Giner stated the Finance Director would like to clear the books of these bonds from a bookkeeping point of view.
Commissioner Egan added if these bonds were not released by the Planning and Zoning Commission, technically these people are still responsible for them. He would like to hear an explanation from the Finance Director on the public record.
NEW BUSINESS
a. SPR#1202 - Application for modification of plans previously approved to change the front facade of an approved car wash building located at 585 Hazard Avenue, in a BG District, Map 110, Lot 12, Magic Minit Car Wash, Applicant, P&D Realty, Owner.
Alan Tracy, 1 Bridge Lane, appeared before the Commission regarding this application.
Mr. Tracy stated they have a problem with the front door. The way things worked out inside the building in the equipment room, they could not install this front door. The vending window and the changer window are open and still there. The door that was going to be to the side will be removed. They have the same door on the other side of the building which is existing to get into the equipment room. However, the way it worked out with the equipment, the second front door installation was not possible. Everything else will remain the same. The plan is to brick the door area and put the border along the bottom. Mr. Tracy added they ended up with two courses of a different color and then put a similar treatment on the top.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1202 for a modification of plans previously approved for a facade change to the car wash building at 585 Hazard Avenue. The motion was approved by a 6 - 0 - 0 vote.
Commissioner Duren made a motion, seconded by Commisisoner Krebs, to add SPR#1204, included in the Applications to be Accepted, to this evening's agenda. The motion was approved by a 6 - 0 - 0 vote.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to allow the Director of Planning to approve SPR#1204 administratively for a temporary ice skating facility to be located on the ball field at Higgins. The motion was approved by a 6 - 0 - 0 vote. Chairman Howard asked that this be done expeditiously to allow maximum use this winter.
OTHER BUSINESS
The Commission directed Mr. Giner to handle administratively the request by SNET to move their ground mounted transformer located at the corner of Hazard Avenue and Randolf Street. Their intent is to move the transformer further from Hazard Avenue.
RECEIPT OF APPLICATIONS
The following applications were accepted by the Commission:
SPR#1204 - Site Plan Review for installation of temporary ice skating facility on ball field at 47 North Main Street (ball field at Higgins Annex), zoned TVC, Map 28, Lot 113, Town of Enfield, Applicant/Owner.
SPR#1205 - Site Plan Review for installation of temporary ice skating facility in Powder Hollow Park, Dust House Road, Zoned I-1, Map 83, Lot 139, Town of Enfield, Applicant/Owner.
SPR#1206 - Site Plan Review to operate the non-profit all volunteer Enfield Food Shelf Inc. dedicated to ensuring that no Enfield resident goes hungry because of lack of resources at 96 Alden Avenue (786 Enfield Street), zoned BG, Map 29, Lot 3, Enfield Food Shelf, Inc., Applicant/Mrs. Mary Lee Stiegler, owner.
ADJOURNMENT
Commissioner Krebs made a motion, seconded by Commissioner Duren, to adjourn. Following a unanimous vote, the Commission adjourned at 8:20 p.m.
Respectfully submitted,
______________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
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