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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
THURSDAY, APRIL 18, 2002 - 7:30 P. M.
A Regular Meeting of the Enfield Planning and Zoning Commission was held Thursday, April 18, 2002, in the Council Chambers, Enfield Town Hall, 820 Enfield, Street, Enfield, Connecticut. Chairman Howard called the meeting to order at 7:30 P. M.
PRESENT: James Howard, Chairman
Jeffery Cooper, Alternate
Anthony DiPace
Charles Duren
James Hickey, Jr.
Karen Krebs
Nicles Lefakis
Karen Weseliza, Alternate
ABSENT: Robert Egan
Joseph Jedynak, Jr., Alternate
ALSO PRESENT: Jose Giner, Director of Planning
APPROVAL OF MINUTES:
a. March 28, 2002:
Commissioner Krebs made a motion, seconded by Commissioner Duren, to APPROVE the Minutes of Regular Meeting dated March 28, 2002 with corrections: Page 2 - Paragraph 4, delete the second Commission at the beginning of the paragraph, and the reference to Alternate Krebs at the end of the paragraph should be Commissioner Krebs. The motion passed 6-0-1 with Commissioner DiPace abstaining.
b. April 4, 2002:
Commissioner Krebs made a motion, seconded by Commissioner DiPace, to APPROVE the Minutes of Regular Meeting dated April 4, 2002 as written. The motion passed 7-0-0.
CORRESPONDENCE:
*Environmental News
*Memo from Chairman Howard regarding the Plan of Conservation and Development update.
CORRESPONDENCE (continued):
*Pavement Report
Commissioner Lefakis noted they had asked for notations on roads that were undersized; Commissioner Duren noted they had also asked for notation regarding unimproved roads. Commissioner Lefakis suggested some of the criteria they were interested in were: width, is there any pavement, is it a paper street and if so is it of any use. Mr. Giner noted he will put this information on a map and present it to the Commission.
COMMISSIONERS CORRESPONDENCE:
Commissioner Duren noted the open house celebrating the completion of the Martin-Brower project was nice. He requested that Mr. Giner send a note.
READING OF THE LEGAL NOTICE:
Commissioner Krebs read the Legal Notice for the record. Chairman Howard noted Alternate Commissioner Cooper would be voting on issues this evening.
PUBLIC HEARINGS (continued):
a. PH #2304 - for a Special Permit Use to allow decks, fences and sheds on each unit of a previously approved PRD and a fence around the perimeter for property located at 15 Grove Street in an R-33 District, Assessors Map 92, Lot 33, Pine Grove Manor Incorp. Applicant/owner.
Appearing to discuss this Application was Debbie Ashworth, of 4 Fairlawn Circle, Enfield; Megan McCrary Leblanc, of 3 Fairlawn Circle, Enfield; and Gerry Ashworth, of 4 Fairlawn Circle, Enfield. Ms. Ashworth noted they had not received the letter requesting them to be on the April 4th Agenda. She also apologized for any wrongdoing, noting they are a co-operative group which owns everything, including the common areas of the complex. They pay taxes to the Town as an association and have documents which control what they can do within the complex. They voted as an association to add the decks, etc., and didnt realize they needed to come to the Town for permits.
Commissioner Duren questioned that some of the things being requested under this Application have been done? Ms. Ashworth replied affirmatively, noting most of it has been completed. Commissioner Duren questioned if they had an attorney? Ms. Ashworth replied they had the documents that said what they could do, i.e. tool sheds, etc. Mr. Ashworth submitted photos FOR THE RECORD. Commissioner Duren questioned that they didnt go back to the original approval given by the Town for direction? Ms. Ashworth indicated they had the legal document which didnt say they couldnt have sheds, etc. Commissioner Duren also noted that the documents probably didnt say they were exempt from the Zoning Regulations. Ms. Ashworth suggested the documents didnt say they had to come in for a zoning review.
Ms. Ashworth indicated there is only one deck they are asking for approval for. She noted that when the association voted they gave members options for three sizes of decks and sheds. Ms. Ashworth reported they have a perimeter fence around the property line as they were trying to beautify the complex and to keep other people from throwing trash onto the property. She indicated she has a signed letter from various neighbors that the deck doesnt bother them.
Commissioner Duren questioned what brought the Applicants before the Commission? Ms. Ashworth reported someone called in with a complaint about the deck and Jacuzzi. Commissioner Duren questioned if the deck was inspected? Ms. Ashworth replied negatively, noting they didnt know they had to come through the Town. Mr. Giner noted the project was set up by People for People and then turned over to the owners. Chairman Howard questioned who were the builders? Ms. Ashworth indicated her husband, Gerry, and Ms. McCrary Leblancs husband built some sheds; her ex-husband built another. Commissioner Duren questioned that one shed appeared to be attached? Ms. Ashworth indicated negatively, noting it just has siding. Commissioner DiPace questioned if the sheds meet the side yard set backs? Mr. Giner indicated one is being moved which did not meet set backs. Ms. Ashworth concurred, noting one shed will be going out of the complex as the member is moving, and another shed is being moved because of the set back. She indicated that none of the sheds are against the houses. Commissioner Duren questioned what the sheds were used for; he cited concerns which might be raised by the fire department. Ms. Ashworth noted none of the sheds are against the houses but some are close; she noted residents are willing to move them.
Commissioner Cooper questioned what the co-op shed was used for? Ms. Ashworth indicated there is one shed for the complex which houses the riding lawn mower and snow blower, and that is the shed which is being moved from the front to the back of the house.
Commissioner Hickey questioned if the site plan, as it stands, was still in conformance with the regulations? Mr. Giner noted the Town no longer has regulations for PRD, but the site plan still must meet the regulations in effect at the time, and this complex does meet the set back requirements. This is a modification of a Special Use Permit that approved the co-op in the first place; there is a line in the regulations that if they modify anything they must come back to the Commission for approval. Chairman Howard queried what should be done; the work is done but its not right to let it go. Mr. Giner suggested the Commission could still use its judgment. The violator has come in to rectify the error. Would the Commission have approved the decks, etc. in the first place; is what they are doing acceptable? Commissioner Duren cited concern for setting precedent. Commissioner DiPace questioned how the Building Official makes his inspection? Mr. Giner indicated he must do his own inspection; the decks, etc. must meet building and fire codes and if they dont they must come down. Commissioner Krebs questioned if the Town Attorney had looked at this issue in regard to setting a precedent? Mr. Giner suggested the Commission cant deny something just because its a violation.
Commissioner Duren cited the need for the Commission to be consistent in regard to its approvals. He noted previously the Commission has denied sheds on all complexes, and have allowed extensions and changed the sizes of decks on two or three complexes; they have denied interior fences in common areas but he felt the exterior fence wouldnt bother anyone. He felt for the Commission to be consistent with its previous approvals some of what this group is requesting must be denied.
Ms. Ashworth suggested a co-op isnt like a condominium; the co-op owns the common areas also. She cited the one deck was added for privacy because of small children.
Commissioner DiPace indicated he would like to know what the set backs were for the other complexes; he felt the set backs might be deeper for this complex. Commissioner Hickey questioned if the form of ownership was different in a PRD? Mr. Giner suggested the same PRD regulations apply whether the ownership is a condo or co-op. There can be a diversity of housing types but the commission has jurisdiction as to what you want for amenities.
Ms. Ashworth suggested they hired Call Before You Dig so they thought they did all the needed to do. The community tries to help each other and wanted to beautify the complex and make it a better place to live; they didnt realize they were in violation.
Commissioner Duren queried that they allowed different size sheds? Ms. Ashworth indicated the approvals were in the (associations) minutes. Commissioner Duren suggested those minutes should be submitted to the Commission; if the Commission decides to allow the sheds they should go by what you approved. Ms. Ashworth indicated the size of the sheds were on the blueprint. Commissioner DiPace indicated that if the decks are shown on the drawings, they must come back for approval for all the decks, and if they dont get built thats ok. Commissioner Lefakis questioned if 8 x 10 was the original size? Ms. McCrary Leblanc indicated that one wasnt built; the 26 x 40 deck is the only one built and is shared by two units. Commissioner Cooper questioned if the ramp has been built? Ms. McCrary LeBlanc indicated the ramp was built by the builder.
Chairman Howard opened discussion to the audience:
Nancy Tetro, 7 Pleasant Drive: indicated she knows what these people are going through. They were told to move their shed and doesnt know what the difference is; whats good for one should be good for all.
No one else in the audience requested to speak. Ms. McCrary Leblanc questioned if the other association members could speak? Chairman Howard replied this would be their opportunity.
Scott Manley, 6 Fairlawn Circle: indicated what they are involved in is a good thing; the fence has stopped problems in the area, the sheds are for lawn furniture, etc., and the co-op shed, which stores fuel, will be moved. He felt that as a group of people they have bettered themselves, and as people move out they take their sheds.
Josh Leblanc, 3 Fairlawn Circle: indicated they tried to make things better, if people dont have the sheds the furniture, etc. will be left out and get damaged, there isnt much room in a single car garage for storage.
Caroline Bump, 8 Fairlawn Circle: indicated that they didnt know about the building permit when they put up the fence, she said they came down and were told they could have the sheds for utilities, and gas, etc.
Chairman Howard indicated he would like staff to visit the complex and tell the Commission what they find - how is the visibility, does the deck already constructed meet the building code, are the sheds attached to the houses, whats inside the sheds i.e.. gas, etc. He suggested he didnt think he would recommend taking down the deck unless its necessary; he noted the Commission will try to work with the residents but it must be something workable for the whole town.
Mr. Giner suggested the Commission keep the Hearing open until the May 2, 2002 Meeting. The Commissioners requested that staff comments be included in their packets prior to the meeting. They also requested a refresher as to what PRDs have been approved and how consistent they are. Commissioner Cooper questioned if the residents have full basements? Ms. McCrary Leblanc replied affirmatively. Chairman Howard indicated he would keep the Hearing open, and advised the residents they can return and introduce any new information.
This Hearing was continued to the Commissions May 2, 2002 Meeting.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to RECESS FOR FIVE MINUTES. The motion passed 7-0-0.
The Commission RECESSED at 8:20 P. M. and RECONVENED at 8:27 P. M.
PUBLIC HEARINGS - NEW:
a. PH #2299 - Petition for a Zone Change from Industrial 1 to Residential 33 for 7.0654+/- acres located at 9 Manning Road, Assessors Map 34, Lot 9, David S. Flasinski, Applicant/Owner.
Commissioner Krebs read the Hearing description.
Appearing to discuss this Application was Attorney Thomas Fahey; Ken Pudeler, P. E. of Pudeler Engineering; and David Flasinki, of 9 Manning Road.
Mr. Pudeler noted this is a proposal for a Zone Change from Industrial 1 to Residential 33 for property located at 9 Manning Road. He reported that the parcel is heavily impacted by a flood zone which takes the heart out of the parcel and makes it difficult to build anything. There are 2 industrial neighbors and 11 residential neighbors. The R-33 Zone is one half the lot size as an industrial lot; Mr. Flasinki will be demolishing the existing house and constructing a new home. Mr. Pudeler suggested the neighbors shouldnt be worried that something industrial will be going up in their back yards.
Mr. Pudeler noted the Applicant has gone through the Inland/Wetlands Commission and has received approval.
Commissioner Duren noted there are 2 other sheds currently existing on the parcel. Mr. Pudeler suggested Mr. Flasinski originally applied for a house and detached garage; they are looking for a letter from the Town Engineer regarding the drainage. Commissioner DiPace noted that an industrial building must be 100 from a residential structure, he questioned that the Applicant can probably build a residence in an industrial zone without the 100 buffer? Mr. Giner noted it could be done by Special Use Permit but the Applicant wants to build a residence so it makes no sense to keep the parcel industrial; for that reason he suggested the Zone Change.
Commissioner Duren suggested he would like to see the drainage going into a pump, not a septic system; he doesnt believe the maintenance of this system should be the Towns responsibility. Mr. Pudeler suggested its a private system. Commissioner Duren noted they have had problems in the past; if its not on the plans it could become the Towns responsibility. If its on the plans it shouldnt cause any problems. Mr. Giner noted that once the zone is changed he doesnt need to come back for subdivision approval; hell need a Zoning Permit. Mr. Flasinski suggested he needs to put the cars inside and will put them in the garage. Mr. Pudeler suggested they would like to get the Building Permit and get started on house this year. The house, as located, with combined breezeway and garage will be in the location of the existing house.
Chairman Howard queried the audience for comments.
Anthony , 17 Manning Road: indicated his property backs on Mr. Flasinskis land; he doesnt see any problems with him building any size house but it appears hes setting reasonable limits. He should be able to build anything he wants. H felt the street is clogged with Hallmark, etc.
Commissioner Duren questioned if this is a rear lot? Mr. Giner suggested the lot meets frontage, if you add up all the frontage on Manning, Fairfield, and Pine Streets. Access to this lot would be through Manning Road.
Mr. Giner also noted FOR THE RECORD that the parcels on the north and south are residential and the east and west are industrial. This zone change would make a part of the existing parking lot of A. B. Containers non-conforming, as the back part of the parking lot would be less than the 100 required between industrial and residential uses. He noted its a legal existing non-conforming lot at the time; he cant see any residences being built in that corner. If A. B. Containers wanted to repave, etc. they could come back and do so .
Chairman Howard CLOSED the Public Hearing at 8:48 P. M.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to APPROVE the Application of David S. Flasinski for a Zone Change from Industrial 1 to Residential 33 for 7.0654+/- acres located at 9 Manning Road, Assessors Map 34, Lot 9. The vote passed 7-0-0.
Discussion: This change would make the lot more compatible with the existing neighborhood.
PUBLIC HEARINGS: Old Business:
a. PH #2295 - Application to operate an addiction recovery community house not operated for profit at 143 Pearl Street (formerly the Rinaldi-Fede Post) at 143 Pearl Street, Zoned R-33, Map 22, Lot 81, Enfield Sober Housing, Applicant/36 Pleasant Street, LLC, owner.
Chairman Howard noted Commissioner Egan is not present this evening; he questioned if the Commission wanted to vote this evening. Commissioner Lefakis stepped down from service; Alternate Commissioner Weseliza will serve in his place. Commissioner Duren indicated he was not ready yet; an additional piece of information was received tonight and he has not had a chance to review it. He also noted Commissioner Egan had asked for copy of the Tax Exempt Filing for this organization; has it been approved for this organization? He believed Attorney Fahey has said that it has but nothing has been provided to the Town. Commissioner Duren also noted that Commissioner Egan had also requested an incident report of the number of people allowed back into the house. Commissioner Krebs indicated she would like to wait; Attorney Fahey was to provide a copy of the rules and regulations . Commissioner DiPace indicated he had no problem voting tonight, or holding off to a future meeting. Commissioner Hickey concurred with Commissioner DiPaces position. Alternate Commissioner Cooper indicated he was set to go.
Chairman Howard indicated the vote was one abstention, two to hold, and three to go. He felt Commissioner Egan would vote to hold off on the decision; he noted his vote would break the present position. He noted he could either go or wait but in fairness to the Commissioners he felt the decision should be held off until another meeting. Commissioner Duren indicated he may not be present at the next meeting.
Mr. Giner noted he did get the discharge history and an incident report. Commissioner Krebs reiterated she would like to see a copy of the rules and regulations. She suggested rules were submitted for other houses and its not clear to her if they will be used at this house. Mr. Giner felt they must assume that they will be the same. He noted that once a Hearing is closed taking additional information is touchy. They have had two items submitted but he can ask the Town Attorney regarding the rules for this house. Commissioner Duren read an excerpt from the Minutes of 3/28/2002, page 16, 5th paragraph, that the rules and regulations at 36 Pleasant Street will probably be used as the model for this proposal. Commissioner Krebs reiterated she does not know if they will be the same rules and regulations for this location.
A second review of the Commissioners now found Commissioners Duren, Krebs, and Hickey voting to hold off on the decision until the next meeting, with Commissioners DiPace, Cooper, and Weseliza voting to vote this evening. Commissioner DiPace indicated he had not seen the memo from Mr. Giner regarding conditions for this proposal. Mr. Giner noted he had returned from a business trip this morning and had not had a chance to prepare the memo. He suggested the conditions would be the standard conditions for a Special Permit, plus any others that the Commission may wish to add. Commissioner DiPace felt the Commission should wait for the memo and review same before the next meeting.
This Hearing was tabled until the next meeting; hearing has already been closed.
LET THE RECORD SHOW Commissioner Lefakis returned to service on the Board.
b. Discussion and possible action regarding proposed Capital Improvement Plan budget.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to send a positive referral to the Council.
Commissioner DiPace indicated that money for a study of sidewalk needs has been on the CIP Budget for several years, two years ago it got dropped from the CIP. Eight years ago a kid died walking on the road down the street from his house. Commissioner DiPace indicated thats a State road in front of Fermi High School. The regulations require sidewalks on both sides of the road; hes been trying to get a sidewalk on just one side. The kids walk in the road because of the snowbanks in the winter; there is no place for them to go other than to jump up the snowbanks. Not everyone is bussed to school. Commissioner DiPace suggested that until they reinstate the sidewalk study his answer to the CIP Budget is no.
Commissioner Duren indicated he hated to turn down the CIP totally. He questioned if there were some way to send the Commissions concern about the sidewalk study being missed, and the Commission feels its a priority. Commissioner DiPace indicated he would vote in favor if the Commission makes that statement that the study should go back on. Commissioner Duren and Commissioner Krebs agreed to adding that caveat to their motion.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to send a positive referral to the Council, citing the Commissions concern that a study on the need for sidewalks along the roads adjacent to Fermi High School be done and the results implemented. The motion passed 7-0-0, with the addition of the caveat regarding the sidewalk study.
PUBLIC HEARINGS: Old Business/c. Bond Releases:
1. PH #2042 - $2,000 Engineering Bond Release request for parking lot improvements at 841 Enfield Street.
Commissioner Duren indicated they had not received a letter from the Engineering Department; there was only the letter from the Fire Marshal concerning the painting. Mr. Giner felt Mr. Cabibbo looked at it some time ago; the paving has been done. The fire lines have been striped and the signs posted regarding the fire lanes.
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to APPROVE the request for the $2,000 Engineering bond Release request for parking lot improvements at 841 Enfield Street. The motion passed 7-0-0.
2. PH #2239 - $18,460 Engineering Bond Release request for Engineering at 126 South Road, Getty station.
Mr. Giner noted this was set to go in October or November, 2001; the trees were done and they have put in mulch. Commissioner Duren indicated they were looking for a letter from the Engineer. Mr. Giner READ FOR THE RECORD memo of 6/26/2001 from John Cabibbo. Mr. Giner felt they planted the bushes and mulch but they may have expanded the area of mulch. Commissioner Duren felt staff should go out to the site to see if its back to what it should be.
This item was kept on the agenda pending a memo from staff.
APPLICATIONS TO BE ACCEPTED:
PH #2309 - Application for construction of a 57 unit senior residential housing community with associated utilities, storm drainage and access drives on the southwest corner of Elm Street, across from Moody Road, Zoned R-44, Map 75, Lot 1, Elm Development, LLC applicant/owner.
This item is to be scheduled for the May 16, 2002 meeting.
PH #2239 - $18,460 Engineering Bond Release request for Engineering at 126 South Road, Getty station.
This item is to be scheduled for the May 16, 2002 meeting.
New Business: None.
Other Business:
Commissioner Weseliza questioned the status of the curb cuts for Artioli? Mr. Giner noted he had received calls before he left on his business trip; they have been approved but they are in violation. He will review the situation.
ADJOURNMENT:
Commissioner DiPace made a motion, seconded by Commissioner Krebs, to ADJOURN this meeting at 9:15 P. M.
Respectfully submitted:
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Karen Krebs, Secretary
Enfield Planning and Zoning Commission
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