|
|
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR (ORGANIZATIONAL) MEETING
JANUARY 3, 2002
A Regular (Organizational) Meeting of the Enfield Planning and Zoning Commission was held on Thursday, January 3, 2002 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Mayor William Vayda called the meeting to order at 7:30 p.m.
PRESENT: James Howard, Chairman
Charles Duren
Karen Krebs
Anthony DiPace
Robert Egan
James Hickey, Jr.
Karen Wezeliza, Alternate
Joseph Jednak, Alternate
ABSENT: Nicles Lefakis
ALSO PRESENT: Jose Giner, Director of Planning
ELECTION OF OFFICERS AND APPOINTMENTS TO THE REGIONAL PLANNING COMMISSION (RPC) OF THE CAPITOL REGION COUNCIL OF GOVERNMENTS (CRCOG)
Mayor Vayda requested nominations for Chairman of the Enfield Planning and Zoning Commission.
Commissioner Krebs nominated James Howard for Chairman. Commissioner Duren seconded the nomination. Commissioner Duren made a motion, seconded by Commissioner DiPace, to close nominations. James Howard was elected Chairman of the Enfield Planning and Zoning Commission by a 6 - 0 - 1 vote. Commissioner DiPace voted nay. One of the six votes in favor included an appointment of proxy from Commissioner Nicles Lefakis appointing Commissioner Duren to vote in his place and directing him to vote for James Howard as Chairman.
Mayor Vayda turned the meeting over to Chairman James Howard.
Commissioner Egan nominated Charles Duren for Vice Chairman. Commissioner Krebs seconded the nomination. Commissioner Hickey nominated Anthony DiPace for Vice Chairman. Commissioner Wezeliza, an Alternate, seconded the nomination. It was determined, following some discussion, that only regular members can vote and that a second for a nomination is not required according to the Commission's bylaws. Commissioner Howard made a motion, seconded by Commissioner Duren, to close nominations. Charles Duren was elected Vice Chairman of the Enfield Planning and Zoning Commission by a 5 - 2 - 0 vote. Commissioners Hickey and DiPace voted in favor of Commissioner DiPace. The five votes in favor contained a vote by proxy from Nicles Lefakis for Charles Duren.
Commissioner Duren nominated Anthony DiPace as Second Vice Chairman. Commissioner DiPace declined the nomination. Commissioner Krebs nominated Nicles Lefakis for Second Vice Chairman. Commissioner Duren seconded the nomination. Commissioner Howard made a motion, seconded by Commissioner Duren, to close nominations. Nicles Lefakis was elected Second Vice Chairman of the Enfield Planning and Zoning Commission by a 6 - 0 - 1 vote. Commissioner Lefakis abstained from this vote.
Commissioner Howard nominated Karen Krebs as Secretary. Commissioner Duren seconded the nomination. Commissioner Howard made a motion, seconded by Commissioner Duren, to close nominations. Karen Krebs was elected Secretary of the Enfield Planning and Zoning Commission by a 6 - 1 - 0 vote. The six votes in favor included a proxy designation from Commission Lefakis voting for Karen Krebs. Commissioner DiPace voted nay.
Commissioner Joseph Jednak volunteered to be the Commission's representative to the Regional Planning Commission of the Capitol Region Council of Governments (CRCOG). Commissioner Karen Weseliza volunteered to be the Alternate on a temporary basis. Mr. Giner will send a recommendation to the Town Council regarding these two appointments.
Commissioner Duren made a motion, seconded by Commissioner Egan, to take items out of order and consider the business on the agenda at this time and not wait until 8:00 p.m. The motion was approved by a unanimous vote.
TOWN PLANNER'S REPORT (in written form only)
Commissioner Giner reminded Commission members that the January 17, 2002 meeting will begin at 7:00 p.m. in order for the Commission to meet with the Town Attorney.
ZONING ENFORCEMENT OFFICER'S REPORT (in written form only)
Chairman Howard noted there are still cars for sale at the former Schermerhorn site on Enfield Street. Mr. Giner reported when the Police looked at this site, they instructed the owner to remove the unregistered cars. The owner then put them up for sale. The owner has been contacted by the Zoning Enforcement Officer about this recent violation.
In response to a question from Commissioner Egan, Mr. Giner stated the Zoning Enforcement Officer is present at the first meeting of each month. Commissioner Egan stated he has some questions on the businesses located in residential areas. Mr. Giner stated Commission members should feel free to call or email the Planning Office with any concerns.
TOWN ATTORNEY'S REPORT (in written form only)
Mr. Giner reported the upcoming January 17, 2002 Executive Session will deal with items #2 and #4 of the Town Attorney's written report.
Commissioner Egan asked about the revision of the Enfield Zoning Ordinance and the status of the Town Attorney approving the new regulations. Mr. Giner stated the Town Attorney's Office reviewed the new regulations for format purposes only. Also, Commissioner Lefakis had requested a simplification of the first paragraph. The feedback from the Town Attorney's Office is expected following receipt of the latest revision of the ordinance next Thursday. Mr. Giner reminded the Commission that the effective date of the revised regulations is January 31, 2002 to allow time for review and printing.
Commissioner Duren asked if new members have been given copies of "What's Legally Required" and also Tom Byrne's book. Mr. Giner presented copies to Commission members of Mr. Byrne's book. He also ordered a copy of the book "Dealing with an Angry Public" which will be reviewed and, if acceptable, copies will be ordered for all Commission members. Mr. Giner will also reorder copies of "What's Legally Required" for new Commission members. He added that a rewrite is in the works.
CORRESPONDENCE
Commissioner DiPace noted in November and December the Commission had many hearings that were somewhat controversial. He questioned why Mr. Giner postponed publishing the legal notice on the tennis court application so that the Commission could reconsider their vote but did not take similar action for Head Start.
Mr. Giner stated the reason the legal notice was not published on Saturday for the tennis court application was he was not in the office on Friday morning. If it is not done on Friday morning, it normally does not get in the newspaper until the following Tuesday. He stated the Head Start application probably went in on a Friday morning. Mr. Giner stated he was previously asked about the tennis court application by Ray Warren and that there were questions about the conditions and could anything be done. Mr. Giner responded they could reapply and get an amendment to the conditions or they could ask for a reconsideration which had to be done before the legal notice was published. Mr. Giner had not published it and he requested something in writing from the applicant stating that the notice should not be published. The applicant did submit a fax that morning after Mr. Giner talked to the Town Attorney about the entire issue and they requested a resubmittal regarding the conditions. Mr. Giner also noted no one had asked about the Head Start application. Commissioner DiPace did not feel anyone was aware this was a possibility. Mr. Giner stated he would not have brought it up regarding the tennis court application unless the applicant had asked the question on Monday.
Mr. Giner emphasized he tries to publish the legal notices as quickly as possible because it is a law that is to the applicant's interest. It begins the legal appeal period and if the Commission does not do it, the applicant can do it. Further discussion followed. Mr. Giner also noted the fact that a special meeting was scheduled for November 29, 2001 made the reconsideration of the tennis court application possible because it has to be done within fifteen days.
Commissioner Duren made a motion, seconded by Commissioner Krebs, to consider discussion and possible changes to the Commission's Bylaws. The motion was approved unanimously and the consideration of the Bylaws will be added to tonight's agenda.
Commissioner DiPace stated he brought up the revision of the Bylaws for consideration at the last meeting in order for the Commission to be able to vote on any revisions this evening. Chairman Howard stated he does not have a problem not voting on the Bylaws tonight because it gives the new members a chance to review them.
Discussion of Goals for 2002
Commissioner Duren stressed the need for a village plan for Hazardville similar to what has been done in Thompsonville. He has talked to some Council members and the statements that there is a committee looking into this do not appear to be true according to Council members. They are doing landscaping but there is a need for a village protection zone for the businesses and buildings in the area. Commissioner Duren would like this as a Commission goal. Mr. Giner stated there was an addendum to the Planemetrics' contract that they would do this following completion of the zoning ordinance revision.
Chairman Howard asked that any items regarding goals be continued in some form until they are accomplished. Mr. Giner stated the Director of Planning's first report of the month will include progress made on the goals outlined by the Commission.
Commissioner DiPace discussed Hazardville and the fact that it has traffic running through it unlike the Thompsonville area. Once the bridge was removed in Thompsonville, the traffic went down 190. Hazard Avenue has over 18,000 cars per day. In his opinion, the Commission should preserve what is in Hazardville and not allow people to tear buildings down and do whatever they want. He also felt the New England characteristics that have recently been put into the town's regulations needs to apply to the Hazardville area. Commissioner DiPace was not in favor of adding any other types of burdens to the property owners because this could destroy Hazardville. Further discussion followed.
Commissioner Egan would like the Commission to focus on the Plan of Conservation and Development outline with the specific goals and objectives that took some time to assemble and that represent what the people of the town want to see for their town. There were eight or nine neighborhood meetings and a lot of public input. Commissioner Egan felt the Plan of Conservation and Development has several goals and objectives and ways to achieve them. He asked that the Plan be reviewed and some of those goals and objectives be included in the list of Commission goals for this year.
Chairman Howard cited training as a goal of this Commission. He felt it was necessary for some formal training for all Commissioners. He suggested such training could be included during the Commission's Regular Agenda or, if not, a special meeting could be scheduled. Mr. Giner stated there are funds included in the budget for training and materials.
Commissioner Duren stated training should not only be for this Commission but for all the land use boards and commissions. Mr. Giner discussed possible options for training programs and stated he will explore such training sessions. Chairman Howard recommended one training class per quarter.
Chairman Howard stated another goal he has is to have all Commission members when they are ready to vote know exactly what the issues are and discuss them. He does not want personalities to override other's views. He asked that everyone present be able to say whatever they want to say so that all Commission members can come to a consensus. He saw a need for the Commission to work together and be free to speak on any issue so that all Commission members know where everyone stands on every vote taken.
Commissioner DiPace stated one of the most important goals of the Commission should be to review the Bylaws, and amend and change whatever is needed to make them function properly. He saw a need to adopt Bylaws that will work for this Commission and make it productive. He also saw a need for Commissioners to follow these Bylaws.
Commissioner Duren recommended meetings with the Chamber of Commerce and Alliance on a quarterly basis. He noted the former Chairman had requested this be set up. Chairman Howard suggested this be an agenda item on a quarterly basis. Commissioner DiPace felt every six months would be sufficient. Chairman Howard suggested this item be on the agenda on a quarterly basis and if the item is not needed, it can be removed.
Commissioner Jednak would like to see an improvement in the parks and recreation in the Town of Enfield. He would like to see more walkways and improvements to the recreational areas. The one area he expressed concern about is the Hazardville section and the fact that pedestrians are walking up and down the street without sidewalks. He felt this is an unsafe situation and would like to see an improvement in that area.
Commissioner Krebs agreed with Commissioner DiPace that changes are needed to the Bylaws but she questioned who is going to enforce these changes. She brought up the issue of attendance at meetings. Chairman Howard stated this will be discussed later in the meeting when the Bylaws are discussed.
Discussion of Budget for coming year
Mr. Giner reviewed the budget with the Commission. Because there was a decrease in the Printing and Reproduction budget presented which was not intended, Mr. Giner will present a revised budget at a later meeting. Commissioner Duren also noted that postage will be increasing and there has been no change recommended to the postage budget. Chairman Howard questioned if the $1,000 increase in the area of training is sufficient to meet the Commission's goals. Commissioner Egan suggested the funds allocated for food be reallocated to training.
REVIEW OF COMMISSION BYLAWS
Commissioner Duren brought up Section 4 on page 5 of the Bylaws. He stated the former Chairman had been advised by the Town Attorney that this was not in order and that the Chairperson just calls for statements from the general public and does not request statements from proponents and opponents. Mr. Giner stated some audience members only wanted to comment and felt constrained by coming up either during comments in favor or against a particular application.
Commissioner Duren felt the way the ordinance reads is cleaner as it is easier to keep a record of statements made in favor and against. Mr. Giner stated there is also the option of a third request asking for any comments.
Following additional discussion on the personal preferences of Commission members, Commissioner Duren suggested an addition to this section and it would read as follows:
Section 4. The Chairperson shall first call for statements from the applicant. Members of the Commission shall then have opportunity to comment. The Chairperson shall then call for statements from the general public.
Each person shall make his or her presentation in succession without interference. Second and third privileges of comment shall be allowed. The Chairperson shall call for statements from the staff.
Commissioner Duren referred to page six, at the top of the page, Section 6. He recommended the removal of where judged to be necessary and that Section 6 begin "All persons recognized shall approach the hearing table in order to facilitate proper recording of comments."
Commissioner DiPace referred to Article XIV and noted it states that "these bylaws may be amended by a two-thirds vote of the seven voting members of the Commission, only after the proposed change has been read and discussed at a previous regular meeting except that the bylaws may be changed at any meeting by the unanimous vote of the seven voting members of the Commission."
Commissioner Krebs noted under attendance it states that all Commission members should attend but she asked who enforces that Bylaw. Chairman Howard acknowledged it has not been previously enforced. Commissioner Krebs noted the fact that some Commission members seldom showed up for meetings in the past has not been addressed by the Commission and she asked if the Commission can address this.
Commissioner DiPace stated many years ago, he had a chart for the year and kept an attendance record. He felt this should be done and that the Bylaws should include that the staff should keep track of meeting attendance. Chairman Howard stated that attendance is monitored through the meeting minutes.
Commissioner Krebs acknowledged that attendance is monitored but it is not enforced. She asked if the Commission is allowed to do so. Mr. Giner stated the appointing authority is the Town Council. Commissioner Egan stated when any Commission member is up for reappointment, their attendance is a factor in the reappointment and that is when the enforcement comes in. Commissioner Duren stated there is a removal procedure in the Town Council but the Council has never used it or enforced it.
Commissioner Duren stated if people are going to be absent they should call either the Chairman or the Town Planner's Office. This will allow the Commission to be assured they will have a quorum on a particular meeting night. The consensus was to add to the Bylaws, page 1, Article V, first sentence: "All Commission members, whether regular or alternate, are expected to attend every Commission meeting unless a reasonable excuse for absence is given. All members are expected to call the Planning Office if they are unable to attend."
Chairman Howard requested that Mr. Giner include all Commission members' phone numbers and email addresses in the next meeting packet.
Mr. Giner stated in terms of enforcing meeting attendance, it is up to the appointing authority to appoint or remove. The way it has worked in the past is if someone is not showing up on a regular basis, the Chairman sends a reminder letter to that member with a copy to the Council stating that member may want to consider resigning. Mr. Giner stated this usually results in the person resigning.
Commissioner Weseliza noted that community involvement is presently at its lowest. If you want people to remain involved, Commissioner Weseliza felt you have to make it reasonably easy for people to stay involved. She cited especially those people with young children prone to sickness. Chairman Howard noted the Commission is looking for Commission members that are not showing up on a regular basis and whether there is a reason for such members not attending.
Chairman Howard referred to page 3, Section 1, Meetings. It talks about going to 11:00 p.m. and extending meetings past midnight. Chairman Howard stated personally it is his goal to end Commission meetings at 10:00 p.m. or 10:30 p.m. and he would have no problem with a change to the Bylaws to that effect. Commissioner DiPace suggested no change be made until a couple of months of meetings have been held. Chairman Howard asked if there is another way of adjusting the agenda to meet this meeting time. Mr. Giner felt it depends on the issues before the Commission. Chairman Howard reiterated that without changing the Bylaws, his goal is to have the meetings recess no later than 10:30 p.m. on a given evening. He questioned if meetings could start earlier but that was not possible for some Commission members. Following additional discussion, no change was made to this section of the Bylaws.
Mr. Giner will do a draft including the changes to the Bylaws recommended and present them to the Commission at the next meeting. Chairman Howard asked that the Commission members review the Bylaws one more time and if they have any additional changes, to communicate them to either the Chairman or Mr. Giner. Mr. Giner brought up the order of business and it was the consensus of the Commission that this area was okay and exceptions could be dealt with by taking items out of order.
OTHER BUSINESS
The following applications were accepted by the Commission:
PH #2293/PH #2294 Application for Special Use Permits to demolish existing structures, eliminate two curb cuts on Enfield Street, regrade lot and pave for use as automobile display area on existing non-conforming lots at 513 and 515 Enfield Street, Zoned BG, Map 7-1, Lots 190 & 200, Artioli Dodge applicant/owner.
A public hearing was tentatively scheduled for the February 7, 2002 meeting pending receipt of a complete application.
PH #2295 - Application for Special Use Permit 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, Inc., applicant / 36 Pleasant Street, LLC, owner.
Mr. Giner will report on the status of this application at the January 17, 2002 meeting.
The following items accepted this evening will be on the agenda for January 17, 2002 if their applications are deemed complete:
SPR #1166 - Site Plan Review and Sign Permit for Cosmetic Additions And Signage on the existing (former J. C. Penny's) store at the Westfield Shoppingtown - Enfield, 90 Elm Street, Zoned BR, Map 43, Lot 16 & 17, JSA, applicant / Westfield Corp., Inc., owner.
SPR #1167 - Application for modification of plans for florist wholesale at 294 George Washington Road, Zoned I-1, Map 64, Lot 103, Montgomery Wholesale Florist, Inc., applicant, Floral Realty Inc., owner. (This building is the first building on the left as you take a turn off Shaker Road. It was previously Meadow Farms.)
SPR #1168 - Application for modification of conditions imposed on previously site plans for retail store selling automobile accessory parts at 585 Hazard Avenue (Scitico Plaza), Zoned BL, Map 110, Lot 12, Ryan Preble, applicant, P&D Realty, owner.
Following some discussion on site locations of particular applications, Chairman Howard requested that meeting applications in the future contain a description of the specific site locations for the Commission's information.
ADJOURNMENT
Commissioner DiPace made a motion, seconded by Commissioner Duren, to adjourn. Following a unanimous vote, the Commission adjourned at 8:45 p.m.
Respectfully submitted,
_______________________
Karen Krebs, Secretary
Enfield Planning and Zoning Commission
jmr
| |