THESE MINUTES ARE PRESENTED IN DRAFT FORM AND HAVE NOT BEEN FORMALLY APPROVED BY THE ENFIELD PLANNING AND ZONING COMMISSION
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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
JANUARY 21, 2010
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, January 21, 2010 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Charles Duren called the meeting to order at 7:40 p.m. following the Aquifer Protection Agency meeting.
PRESENT: Charles Duren, Chairman
Elizabeth Ballard
Peter Falk
Charles Ladd
Nicles Lefakis
Lori Longhi
Kathleen Sarno
Michael Dumont, Voting Alternate
ALSO PRESENT: José Giner, AICP, Director of Planning
MINUTES
4. Approval of Minutes
a. January 7, 2010 Regular Meeting
Commissioner Falk made a motion, seconded by Commissioner Ballard, to approve the Minutes of January 7, 2010. Chairman Duren made two corrections to page one, paragraph two. Twenty-four years should be twenty-two years. Also change four years to two years. The Minutes, as amended, were approved by a 6 – 0 – 1 vote. Commissioner Lefakis abstained.
STAFF COMMENTS
a. Director of Planning
Mr. Giner reported the Zoning Enforcement Officer, Virginia Higley, is still out sick. He spoke to her and she is hoping to come back next week. Mr. Giner stated he and Mr. Alsbaugh have been covering for Ms. Higley in her absence and are trying to do the best they can.
Mr. Giner reported that they did hire a superior person for Barbara’s position. Her name is also Barbra and she has experience having worked with J. R. Russo. She understands maps and plans and the procedures of the Planning Office. Mr. Giner noted this will be a full time position.
Mr. Giner had a request from WPCS International Inc. A series of antennas was approved around town to migrate the town’s phone system and internet. At the Eli Whitney School, the location originally approved they found out was not going to be conducive. There is a request for a minor change and the antenna will be moved to a place where it would be less visible to the neighbors. Mr. Giner showed the plans to the Commission and pointed out the location of the antenna. It will be facing the library and will be shielded from the neighbors.
Commissioner Falk made a motion, seconded by Commissioner Ballard, to allow Mr. Giner to handle administratively the Eli Whitney Point to Point Dish installation by WPCS International Inc. The motion was approved by a unanimous vote.
Mr. Giner reported the state as of October 1 raised their fees and almost tripled them – from a $20 fee to a $60 fee which is tacked on to every single permit whether it is a zoning permit or a Planning and Zoning application. It’s a $5 fee for a home occupation and it cost residents $65 with $60 going to the state. When Mr. Giner first started with the town, they were not issuing zoning permits. They were just having the zoning officer sign off on building permits. At this time, Mr. Giner is looking at ways of possibly going back to that system to save people an extra $60 on some of these permits. In the case of commercial properties, they are paying that fee twice because they come before the Commission for site plan approval and then they go for a zoning permit. Mr. Giner is looking to change the wording in the regulations where it says “zoning permit”. He will be coming forward with a proposal to amend the zoning regulations to change the wording. The reason for this is to save people the $60 they have to pay to the state for every single permit. Chairman Duren asked if Mr. Giner would be covering the town’s fees. Mr. Giner stated the Town Council will increase the building permit fees by a smaller amount but people will still not have to pay the state fee. They will be revenue neutral in terms of the income that is coming in for permits.
Chairman Duren asked where this idea came from. Mr. Giner stated it was discussed in Development Services. This is the way it was done prior to seven years ago.
Chairman Duren stated if the state is increasing their fees, the town has expenses locally. Mr. Giner stated the Council two years ago eliminated the zoning permit fee for single family houses but they increased the building permit fee by a corresponding amount. There was no loss to the town in terms of revenue. When you came to town hall, instead of writing two checks, you wrote one. With the new procedure, residents would just pay the building permit fee to whatever level it is increased to. Mr. Giner is talking about sheds, accessory buildings and anything that requires a zoning sign off. There would still be fees for a Planning and Zoning Commission application. There would be a fee plus the state permit fee. For the major applications, that fee would still be charged. Mr. Giner is working on a zoning text change.
Chairman Duren stated the Commission has previously gone over fees charged and there were questions if the town was charging enough fees to cover their expenses. Mr. Giner stated he is hoping to make the change revenue neutral. Chairman Duren stated the local taxpayers are hurting too in picking up the expenses. Mr. Giner stated the town will be saving the $60 state fee for anyone applying for a permit.
Mr. Giner stated he received a memo from the Town Manager’s Office. The Council is discontinuing water and he has been offered the opportunity to continue to provide water at a cost of $3 per month. Commissioner Longhi stated if the Town Council picked it up for so many years, this Commission can pick it up for a year. It was the consensus of the Commission to pay for the cost of water at $3 per month.
Mr. Giner stated a family day care home is defined as a home where it is under six children. The state law says that if it is in a single-family house, family day care homes are treated no differently than single family homes and we really can’t regulate it. The regulations do say that if it’s in a multi-family house, it requires a special permit. Mr. Giner had a woman approach him about putting in a family day care home at 134 Pearl Street in a five-family home. She plans to have under six children. There is no good plot plan available and before taking out an application, she wanted Mr. Giner to find out if it would be necessary to get a full survey. Mr. Giner stated she would have to get a license from the state. She wants to know if the Commission will waive the requirement for a full survey. It is a five-family house.
Commissioner Longhi felt the Commission needs something drawn to scale and it doesn’t necessarily have to be a full survey. In this way, the Commission would know the scale of everything.
Chairman Duren saw a need to check with the owner of the property for this use. He doesn’t want this use to put a burden on the other tenants. Commissioner Ballard would like to see letters from the other tenants and the landlord. Chairman Duren stated the fence would also have to be enclosed and that would be enforced by the state. Mr. Giner stated the state doesn’t regulate family day care as strongly.
Commissioner Longhi would like to see something at least drawn to scale so that the Commission knows what area is being fenced in. Chairman Duren asked if the property is fenced on four sides. Mr. Giner stated no, there is an opening.
Mr. Giner noted a drawing to scale would be in order.
Chairman Duren stated she is also supposed to have play equipment for the children. Mr. Giner was not sure this is a requirement because it is a family day care. Chairman Duren requested the state regulations on family day care.
Mr. Giner stated he will get the regulations. Under normal circumstances, single-family home day care is exempt. They would just get a license from the state. However, the town’s regulations specify for a multi-family, you need a special permit.
Commissioner Longhi stated her concern would be the people living in the house and the owner’s permission. Commissioner Sarno noted they all share the back yard.
Mr. Giner received a request from Five Guys Burgers and Fries. They noticed as they are building their building, that they need a little more storage. They want to put an 8’ x 16’ shed for the storage of dry goods in the back in their parking lot. Mr. Giner checked with Katie at Wetlands and she said she can handle that administratively. Chairman Duren would like to see specifically where the shed is going. Mr. Giner will forward the email he received from the applicant to the Commission noting the location.
Mr. Giner brought up the issue of clothing drop boxes. There is an application tonight under applications to be received for a drop box. Mr. Giner would like to know if the Commission is going to allow these types of boxes. Commissioner Sarno stated the Commission had this discussion about a year ago and they didn’t want them because the clothes create more of a mess than anything else as they protrude from the boxes. People drop off items like mattresses. They previously wanted to install one on Weymouth Road and the Commission didn’t allow it. Chairman Duren agreed that it just doesn’t work out. Mr. Giner stated if you treat it as an accessory structure, it begs the question accessory to what. They are clothing recycling bins. If Allied Attic came in for one, that would be clearly an accessory to their business. A lot of these boxes are popping up in commercial centers that don’t have recycling facilities. The one just received on the corner of North Main and Pleasant Street is turning into an eyesore. People are just dumping right next to it. Commissioner Sarno stated people can drop things off right at Allied and they will separate everything.
Mr. Giner stated he is going after these clothing boxes. He has taken pictures of all of them and he is sending letters out. Chairman Duren stated he thought the regulations don’t allow for such clothing boxes. Mr. Giner stated the regulations don’t say anything about them. Following additional discussion, Chairman Duren agreed that such boxes are not an accessory to anything. It was the consensus of the Commission to not allow such clothing boxes. Mr. Giner stated he asked what other towns do and some treat them as accessory structures and some only allow them for charitable causes.
Commissioner Ballard stated there are other places where people can bring their items in town. She would like to avoid such eyesores.
Chairman Duren asked if the boxes are for profit or non-profit. Mr. Giner stated the red ones are for profit. Chairman Duren stated they should only be for non-profit agencies that help people locally. Commissioner Ladd suggested Mr. Giner write an ordinance. Mr. Giner stated he is comfortable with the determination by the Commission saying clothing boxes are not allowed. Typically regulations state what you allow and anything that’s not specifically mentioned is presumed to be not allowed. Mr. Giner did not see the need to write a regulation. He can tell applicants that the interpretation of the regulations is these types of boxes are not allowed.
Chairman Duren stated these boxes are also put in parking lots in places reserved for cars.
Commissioner Sarno stated if there is a need for these types of boxes, maybe it could be put on the town’s web site where the locations are where people can donate clothes. Chairman Duren stated they would be helping Enfield citizens.
Mr. Giner stated the Commission should have in their packets the Mancuso Park Plan from 1979. That was referenced in the Plan of Development. Mr. Giner stated the Commission also requested a copy of 6381. He will have to get it from the Town Attorney’s Office. He will get an extra copy and either email it or put it in the Commission’s next packet. It is the same verbiage as the other one, almost word for word.
Commissioner Ladd stated the person dressed as the Statue of Liberty is running all over Hazard Avenue. Mr. Giner stated he was in Massachusetts and they not only had the Statue of Liberty dancing but there was a portable stereo system blasting techno music.
Chairman Duren stated he noticed the mobile sign back in town from time to time. Commissioner Ladd stated the town has a mobile sign in town on the back of a flat bed truck.
Commissioner Longhi had a question regarding the budget. She noted the Commission talked about putting in a recommendation for the Secretary’s salary but she also knows that it was brought up at a couple of the sign meetings about Ms. Higley being able to purchase some kind of sign violation stickers. These would be perfect for these red boxes if there were some stickers that said violation and they were put on the boxes. Commissioner Longhi asked if we could add to the Printing and Reproduction costs some type of money to allow for the sign stickers. Some discussion followed on how these stickers would be placed at the violations and the fact that Ms. Higley wouldn’t have to collect the signs. Chairman Duren stated the Zoning Enforcement Officer has to be released from her other duties and put back to what she is supposed to do. Mr. Giner stated he did put in for a part-time blight inspection position in this year’s budget.
PUBLIC PARTICIPATION
Walter Kruzel, 21 Charnley Road, offered a correction to the Commission. The collection place is not on Peerless Way but they are on Pearson Way.
Mr. Kruzel stated his concern is the Enfield Square. He wanted to put his voice on the record so that if they should come before the Commission, maybe it can be rectified. They added on the movie theater some time back and they added on Target in the front. Mr. Kruzel took two trips to the mall – one to go to the movies on a Sunday night. He parked in the back. There is no way to get in. You have to walk around Sears to get in. The entrance in the southeast corner which was in and out years ago is now only an out. He doesn’t know how this got past this Commission and feels it is something that can be rectified.
Mr. Kruzel stated on another trip to the mall, in the area of Target and Ruby Tuesday’s, that corner is like the corner from hell. He parked out by Mobil to come into that corner. From there, they went over to Macy’s and he decided he won’t go back to the mall. He will go out by Macy’s at the northwest corner. There is a sidewalk behind Target and he got to the end of the sidewalk and he was stuck in two feet of snow. He questioned how this got approved. He was before the Commission twelve years ago to do Peerless Way and he had to run through hoops to get through. How this got missed is beyond him. He wants to state this for the record and when and if they come in for improvements, maybe this can be addressed at that time. Mr. Kruzel noted there are twice as many exits from this mall than there are entrances.
Commissioner Ballard wondered if it was a safety factor because they had problems.
Mr. Kruzel stated there should at least be a sidewalk around Target to give people somewhere to walk. He is talking the rear side of Target on the Macy’s side. There is a sidewalk behind Target but then when you get to the end, it is all grass and you have to go into the road to walk around.
Mr. Kruzel stated he thinks these were just oversights. He wants to put it on the record. Chairman Duren asked if Mr. Kruzel has talked to the mall management to see if there is anything they can do. He is talking about the doors next to Sears and a lot of the parking in that area is handicapped. If you have a handicapped person that wants to go to the movies, that was their access. Mr. Kruzel stated right now you have to go through Sears when Sears is open but on Sunday nights Sears closes at 6:00 and if you go to a 9:00 p.m. movie you can’t get in there. Chairman Duren stated between Sears and the movie theater there is a double doorway. Commissioner Ballard stated you used to be able to get in that way.
Mr. Kruzel stated years ago before there was a movie theater, there were five entrances to the mall. When they put the movie theater in, they put steel doors in and they made it exit only. There are eight or ten handicapped spaces there and there’s no handicapped entrance. Chairman Duren suggested Mr. Kruzel talk to mall management because they may not have realized the problem. Commissioner Sarno stated there might be a reason why the doors are locked.
Chairman Duren stated the last time the mall was in was to widen the parking area in front of Sears and eliminate some of the sidewalk.
Mr. Giner stated they may be in at some future date because the Fire Marshal cited them for having excessive carts on the side of the building that exceeded the corral space and was blocking the sidewalk. The carts were actually blocking some of the emergency exits. The Fire Marshal sent them a note. When they talk about the storage of new carts, they can also discuss the sidewalk issues. Chairman Duren stated they should be called about the door also. He questioned why have the handicapped parking out there if you can’t access the movie theater.
CORRESPONDENCE
Chairman Duren noted receipt of the planning magazine, and the Capitol Region Council of Governments Summary of Zoning Referrals from 12/24/09 through 1/12/10. One of those deals with signs. Chairman Duren asked that Mr. Giner get whatever the Town of Canton is discussing for the sign committee.
Commissioner Falk stated the Town of Enfield has requested permission to reconstruct Post Office Road. He asked if this includes the construction of the bike path. Mr. Giner stated that is under Applications to be Received. It is for the whole road and it includes the bike path. It falls under the flood plain regulations and because it involves widening of a public right of way and some minor easements and acquisitions of right of way, it has come to the Commission for a referral.
Correspondence also includes the Inland Wetlands and Watercourses Agency Notice of Action dated January 5, 2010. Chairman Duren asked when Enfield Properties is scheduled to come before the Commission. Mr. Giner stated whenever the applicant is ready. They are going through the Wetlands process first. Chairman Duren was in favor of them going to Wetlands first. He stated it makes it difficult when applicants try to do Wetlands and the Planning and Zoning Commission at the same time.
Commissioner Ladd had a question about the email Mr. Giner sent regarding classes on strip malls. Mr. Giner stated it is from CRCOG and if anyone wants to attend, they should let him know. He plans on going. The speaker is Randall Arendt who is a very well known planning author. Commissioner Ladd stated he would be interested in attending. Mr. Giner stated he thinks it is scheduled for a week from next Wednesday.
BOND RELEASES
a. SPR#1341 – Request for Release of $7,200 Erosion and Sediment Control Bond for 3 Peerless Way
Commissioner Longhi made a motion, seconded by Commissioner Ladd, to release the $7,200 Erosion and Sediment Control Bond for 3 Peerless Way, SPR#1341. Reference is made to the memo from John Cabibbo dated January 15, 2010 stating that he inspected the site and he found the erosion controls have been removed and the ground cover has been established.
Commissioner Falk stated the Correspondence gives the number of #1431. Mr. Giner confirmed it should be #1341. Commissioner Longhi amended her motion to correct the SPR number to SPR#1341.
The motion was approved by a 7 – 0 – 0 vote.
Commissioner Longhi asked if the next application should be #1341. Mr. Giner stated it should be because it is the same application with two separate bonds.
b. SPR#1341 – Request for Release of $307,800 Engineering Bond for 3 Peerless Way
Commissioner Sarno made a motion, seconded by Commissioner Ladd, to release the $307,800 Engineering Bond for 3 Peerless Way, SPR#1341 with the condition that a letter be received from the owner to specify that it is a private property and they are responsible for maintenance. If there is a failure, they would take care of it. Reference is made to the December 21, 2009 memo from John Cabibbo.
Commissioner Longhi stated she has some concerns about this particular bond. John Cabibbo made a note on it that stated the applicant submitted an as built dated November 8, 2006 and that the as built notes on the as built plans that some of the items were not inspected by the engineer and that note #7 stated that the pavement quantities were verified after the installation. Note #8 implied that the installation of the drainage was not inspected or did not meet the approval details. The concern Commissioner Longhi has is that there is a process to make sure this is done and then after the fact it is found that things were not done. She questioned what is the recourse at this point.
Mr. Giner stated right now the Commission doesn’t require Engineering bonds as part of the site plan approval. This project was approved prior to the change in policy. What would have normally happened is it would have been approved, they would have submitted an as built and the town would have signed off on the c.o. They still would have had to come back to the Planning and Zoning Commission if they hadn’t inspected it. Mr. Giner noted he tells people that they have to have an engineer inspect the improvements during construction so that they can certify it after everything is paved over and completed that all the elevations are done to the correct standards. What happens when they don’t do that is it is a private improvement. Short of making someone tear it up and start again, the town has asked that they have their engineer re-inspect the property and state their observations that everything is working correctly. It is usually a few years after the fact and most likely the problems would have been noticed. Mr. Giner noted there is a differentiation between improvements that are public and improvements that are private. Improvements that are public are improvements that the town would end up owning and maintaining like subdivision roads. For those items, the town sends their own inspectors out during construction. Private improvements are a different matter. If the pavement somehow is not up to snuff and it fails, the person responsible for that failure is the property owner.
Commissioner Longhi recommended releasing the bond but requiring a letter from the owner that says these are private improvements and they are responsible for the maintenance because that is the way it would be done now. When the town took the bond, it was supposed to be done the other way. In this way, the Commission would have something just to say that they know about this and the bond can be released. Mr. Giner did make a request in a letter to the applicant’s engineer and the owner is present tonight. Commissioner Longhi stated it says they have observed that the improvements have appeared to be installed properly and they appear to be functioning but it doesn’t say that they are taking the responsibility.
Mr. Anthony Palazzesi stated he owns the property and he would take responsibility for his own property. Commissioner Longhi stated the reason she is asking for this is because when this bond was originally taken out, processes were supposed to be followed and they weren’t. So now, Mr. Palazzesi is asking for the bond to be released and it is lacking the proper inspection.
Mr. Palazzesi stated at the time he did the construction, he was the general contractor along with the owner. L&B Services from Springfield was contracted to do all the drainage work. They are licensed to do it and there were numerous inspections. Dana personally couldn’t be there for every day of all three weeks of the construction when they did the drainage but he did make periodic visits during that three weeks of construction. Mr. Palazzesi is not sure how he wrote it on the as built and at the time it was signed off by the engineer. When he got the c.o., it was all signed off.
Chairman Duren stated he was wondering how Mr. Palazzesi got a c.o. Mr. Giner stated the reason is the Commission does have bonds.
Mr. Palazzesi stated that was finished in the spring of 2007 and now we are almost into the spring of 2010. Dana just went back out and re-inspected it to make sure everything is working properly. It’s almost three years now and there haven’t been any issues. Mr. Palazzesi stated he owns the property and if there are issues, he has to pay for them.
Commissioner Sarno stated the facts state this is a routine maintenance issue and not a performance bond issue. Mr. Palazzesi stated he noticed where they stretch the pavement on the paving machine, there is a seam and there were some stress cracks in that seam. He just noted that it should be seal coated to keep the water from going through there which is a maintenance issue.
Commissioner Longhi asked if Mr. Palazzesi would have an objection to sending the Commission a letter saying that these are private improvements and he will be responsible for the maintenance. This would be something for the file and enable the Commission to release this engineering bond. Commissioner Ladd stated it should be a letter stating they assume responsibility for the property and they are not holding the town responsible for anything.
Commissioner Sarno amended her motion to include the condition recommended by Commissioner Longhi. The condition states subject to a letter from the owner specifying that it is private property and they are responsible for maintenance. If there is a failure they would take care of it.
The motion was approved by a 7 – 0 – 0 vote.
NEW BUSINESS
a. Discussion on Draft Plan of Conservation and Development
Mr. Giner requested that the Commission acknowledge receipt of the draft Plan of Conservation and Development. He sent the Council a copy and will formally transmit it to CRCOG and the state. You can’t have a hearing until sixty-five days after the Plan is sent. Right now he needs to get it transmitted, so that they can schedule a hearing.
Chairman Duren gave Mr. Giner several corrections to the draft Plan of Conservation and Development.
Chairman Duren asked if the population charts which begin on Page 87 include the prisoners. This is a question he has heard asked by the Town Council. If this is the case, there should be a footnote to that effect.
Chairman Duren stated they want to revitalize the Economic Development Commission. He could be wrong but he thought Gerry Fitzsimmons was the head of that and he thought it was involving the industrial park. Mr. Giner stated right now there is a move that the Economic Development authority is constituted as the Council.
Chairman Duren stated on the front page, acknowledgements, under the Town of Enfield the name Katie Bednaz was left off. Also, the Planning and Zoning Commission members should be listed along with their titles because a lot of these people attended the meetings. Also, the Town Council should be listed along with their titles.
Chairman Duren stated on page 41, it says assign responsibility and authority to implement the Plan of Development. He thought that was this Commission’s and not the Town Council’s. Or it could be in association with. Mr. Giner stated there are recommendations that are budgetary and they involve Public Works doing something. The Commission could suggest but the power of the fiscal authority and the power to ask Commissions to do work through the Town Manager is the Council but he can add the Planning and Zoning Commission.
Chairman Duren stated in 1.1.3 it adds another thing along with the revitalization and some other things that give the development people another hoop to jump through. It is just another thing in 1.1.3. Planning and Zoning has done this before and an annual progress report would be the committee. It’s just something to go on again. The Commission has reviewed it every two years. Chairman Duren doesn’t think the Commission has done it every year. Mr. Giner stated the Commission tried to review the Plan of Conservation every year and it just worked out to be every other year. Commissioner Ladd stated the Steering Committee was looking for someone to take responsibility for it. Mr. Giner stated they wanted someone to keep track of it. Commissioner Longhi stated that was brought up at the very last meeting – that they were looking for a group to regularly watch the Plan of Development. Mr. Giner stated they wanted someone that in case the Commission got really busy with applications could give a progress report.
Chairman Duren stated on page 43 it talks about streamlining the permit process and it is sort of contradicting 1.1 through 1.4 requiring all this additional review.
Commissioner Ladd stated it has to do with the Council doing their projects and Public Works doing their projects. They want someone to check and see if it is getting done or find a reason why it wasn’t getting done.
Chairman Duren brought up page 18. In the first paragraph, it should read the Steering Committee, town residents appointed by the Town Council and the Planning and Zoning Commission to oversee the project. It wasn’t the Town Council that appointed the whole thing. It was a unified project and Planning and Zoning Commission should be included.
On page 32, Chairman Duren asked if George Washington is a boulevard. He doesn’t believe it is. Boulevard should be changed to Road.
Chairman Duren stated it says community gateways, Enfield Street near the I-91 overpass. They should include the exit number on page 32. Also, with Elm Street near the I-91 overpass, the exit number should also be included. The Enfield Street exit is 49 and the Elm Street is 48. The next one is Hazard Avenue near the I-91 overpass and Chairman Duren thinks it is 47.
Chairman Duren stated on page 41 he already gave the correction.
Chairman Duren stated on page 45, a record of historic properties. The Community Development has some historic properties. They have photographs and so forth. The Council did that some years ago of some of the architectural specialties in the downtown area. Chairman Duren thinks Community Development has it. He still has the folder at home if they are missing it. Commissioner Ballard stated that was a couple of years ago. It was an inventory and the Commission got one in color and one in black and white.
Chairman Duren stated Debbie Opperman took the information he had saved and put it together with some that she had so that they had a complete file. He would think the Historic District would have one. Commissioner Longhi stated they found the Historic District’s wasn’t up to date and wasn’t accurate. Mr. Giner will find out.
Chairman Duren brought up Section 2.2.1. It says the Housing Authority could have the leading role in the effort. Community Development should be put in there. The Housing Authority is a quasi public state agency. It is not a town agency although the Town Council appoints the members. It is state funded. Section 2.2.1 should state that Community Development could have the leading role in the effort of expanding choice of housing.
Chairman Duren stated under 2.2.4 it is the same thing and should be community development. In 2.2.20 it is really community development.
Chairman Duren brought up page 46, protect historic resources. He noted we have gone over this before about demolition permits. He saw Windsor just lost one of their houses. The Town wide Historic Preservation Commission is a good idea but why not use the same board as we have now and not establish another one. Following some discussion, Chairman Duren advised Mr. Giner to not do this one.
Chairman Duren stated page 49 talks about Freshwater Boulevard. He asked if Freshwater is a boulevard. Mr. Giner stated it is.
Chairman Duren stated page 51, section 4.1.1, is the planning process for the fish and wildlife refuge. There is a representative from town that is on the Connecticut River Assembly and that should be included in this. That would be Revitalization and Conservation also participating in the planning process. It doesn’t mention it.
Chairman Duren stated on page 57 it states about revitalization in Thompsonville and we do revitalization. Mr. Giner stated there is a status that provides certain types of tax benefits if you declare a certain neighborhood revitalization. Chairman Duren stated they have been working towards that.
Chairman Duren stated page 57, facade improvement – that is already under community development. They have loans and so forth for that. It says create and Chairman Duren would like to change the word create. He advised Mr. Giner to check with Mr. Bryanton but he is sure we do that. He added it further states create design guidelines for buildings along Enfield Street. Chairman Duren thought we did that because Commissioner Lefakis suggested that. Mr. Giner stated there is general language in the Plan.
Chairman Duren stated it also talks about an architectural advisory committee.
Chairman Duren stated on page 64, Enfield Housing Authority should be removed and Community Development added in its place on 2.2.1 on the chart. Mr. Giner stated the charts are the headings on the previous pages and just summarizes it.
Chairman Duren stated in 4.1.1 he would think you would add the Connecticut River Association and Conservation. You have the Springborn dam. You have conservation with the Scantic River Association. Even the Wetlands should be under there. The Scantic River Association seems to have a lot of input from the state and a lot of contact with the state to get things done.
Chairman Duren stated storm water regulations would be Wetlands and the Commission could be in on that.
Chairman Duren stated where it states promote properties for use would be Community Development.
Chairman Duren stated the Mancuso Master Plan is really the Town Council because they’ve been having a budget on that for ages and it hasn’t materialized. They have listed Conservation Commission, Recreation and Public Works. Those three could do the planning but it is actually up to the Town Council.
Commissioner Lefakis stated on page 68, item 4.5.2, it says $40 for an overall trail study. He is guessing it should be 40K. Chairman Duren stated P&Z should be in there too. The same is true with 4.5.3 which is Recreation and Public Works. Trail development has been discussed for a long time – putting white lines along some of the roadways. It got turned down once because people didn’t think the roadways were wide enough to put them in. Commissioner Ballard stated they tried that once on the South Maple bridge. They put a white line down the middle and somebody did try to stay to one side of it and they wrecked their car.
Chairman Duren stated on section 5.3.1 he would add the Planning and Zoning Commission.
Chairman Duren brought up design guidelines. He thought we had them but Mr. Giner says we don’t. Mr. Giner stated a design district was done and there is general language for Hazardville and Thompsonville but not for Enfield Street. The Plan is asking to provide some very broad guidelines and whether the Commission wants to be more specific is up to the Commission.
Chairman Duren stated on page 71 under 5.4.4. they have development zone and it should be the department they created.
Chairman Duren stated 6.1.1 through 6.3.1 – 6.3.1 should have the Town Council to identify the use of school buildings. By state law, if a school building is abandoned, it is up to the Town Council. Walking distance to schools is up to the Town Council. One through three is Town Council.
Chairman Duren stated the Heritage Trail is the Historic District Commission because that would be their district.
Chairman Duren stated where it says upgrade public library, it doesn’t have the name and that is the Town Council.
Chairman Duren brought up the Health District and questioned what is wrong with the building they are in. Mr. Giner stated he caught that on his last reading. It should be crossed out.
Chairman Duren stated he enjoyed reading about the regulations of the other towns.
Mr. Giner stated up to page 71 is what he considers the Plan. The rest is inventory.
Chairman Duren stated on page 134, the bottom piece, is off the chart. That should go over on the top of page 135. The title of the chart is at the bottom of the page and should be on the top of the next page. Mr. Giner stated he noticed there are some formatting items and he has been fixing them as he sees them.
Chairman Duren stated on page 141 it says state tax incentives but the town has a tax abatement program for industry. That should be added in there on 141.
Commissioner Longhi questioned if there wasn’t going to be a special meeting to find these little mistakes. Mr. Giner stated at the Council of Chairs meeting the idea was to have a general information meeting with all the boards and commissions after they have had a chance to look at it and go over the Plan before it goes to a public hearing.
Commissioner Ladd stated on page 35 the greenway is directly opposed to the discussion we had about developing the Thompsonville area by the river front. Mr. Giner stated he will double check this section.
Commissioner Ladd stated on page 84, figure 14, it looks like it says on the legend that it is the Somers legend. The word legend should be moved over so that it is not directly under the word Somers.
Commissioner Ladd stated on page 100 he has a question on the word “inexistent.” That should be non-existent.
Mr. Giner stated he has been trying to fix the format problems. He requested a formal vote from the Commission to send this draft Plan along to the Town Council, to CRCOG and to the State agencies. Chairman Duren noted it is a draft and whatever the Commission is changing would not be substance anyway.
Commissioner Ladd made a motion, seconded by Commissioner Sarno, to disseminate the draft Plan of Conservation and Development to the proper authorities. The motion was approved by a 7 – 0 – 0 vote.
OTHER BUSINESS
a. Discussion of Bylaws
Mr. Giner stated the present Bylaws are dated 1/07/10.
Chairman Duren stated on page two at the last meeting the election of officers was changed. He would strike the word “regular” in Article VII, Section 1. He would add “all” members instead of “any.”
Commissioner Longhi made a motion, seconded by Commissioner Sarno, to change the Bylaws to strike the word “regular” from Article VII, Election of Officers, Section 1. The sentence should read: “All members, both regular and alternate, may vote for each office during this organizational meeting.” The motion was approved by a 7 – 0 – 0 vote.
Chairman Duren requested on page three of the Bylaws, section three, first sentence, the word “regular” be stricken.
Chairman Duren brought up Article 7 and stated he has been asked several times about changing the meeting time to 7:00 p.m. It was the consensus of the Commission that this was a proper change. Mr. Giner stated he can notify the Town Clerk and there shouldn’t be any problem. Chairman Duren stated the Commission will go to a 7:00 p.m. start as soon as Mr. Giner can change the time. Commissioner Sarno stated the new meeting time will lengthen the meeting.
Commissioner Sarno made a motion, seconded by Commissioner Longhi, to change the meeting time from 7:30 p.m. to 7:00 p.m. and list the change in Article VIII, Section 1 of the Bylaws. The motion was approved by a 7 – 0 – 0 vote.
Chairman Duren questioned the next section where it says public hearings will normally be held. He suggested a change to Article VIII, Section 1. Commissioner Lefakis noted in the month of July the meetings are varied. Chairman Duren suggested adding the word normally back in.
Commissioner Lefakis made a motion, seconded by Commissioner Longhi, to change the Bylaws in Article VIII, Section 1, second sentence to read: “Public hearings will normally be held on the first and third Thursdays of the month but at the convenience of the Commission may be held on other occasions subject to proper legal notification.” The motion was approved by a 7 – 0 – 0 vote.
Chairman Duren stated on page 4, Article X should be updated to the way the meetings are held today.
Commissioner Lefakis made a motion, seconded by Commissioner Longhi, to change the order in the Bylaws of Article X to reflect the way the meetings are held today. Bond releases were moved and after Other Business there should be an item that states Receipt of Applications. The items should be numbered and not lettered. The motion was approved by a 7 – 0 – 0 vote.
Commissioner Longhi stated on page five the Commission now videotapes each meeting. In section 3 video tape should be added in. Some discussion followed on how to word the Bylaw. Mr. Giner had a concern about the video not working on a particular night.
Commissioner Lefakis made a motion, seconded by Commissioner Ballard, to change the Bylaws under Article XI, Section 3, first sentence. The new sentence should read: “A competent stenographer shall take evidence, or the evidence shall be electronically recorded by an electronic-recording device at each hearing before the Commission in which the right to appeal lies to the Superior Court.” The motion was approved by a 7 – 0 – 0 vote.
Commissioner Longhi questioned on page 6 under Employees, it states the Director of Planning shall be authorized to employ personnel and retain consultants upon the approval of the majority of the Commission. She asked if that is hiring personnel in the office. Mr. Giner stated some of it is cross jurisdictional. He has always tried to get the Commission involved in the interview process. Commissioner Longhi stated a new Secretary was just hired. Mr. Giner stated the Commission has authorized him to have some kind of support help regarding who we hire. Commissioner Longhi stated in order to hire people, do you have to have a majority of the Commission approve it because that is what the Bylaws are saying. Mr. Giner stated when positions are created, the Commission approves them. There are all sorts of rules from the Town Manager and Human Resources that they have to follow. Mr. Giner stated the intent is if we are going to hire a new Assistant Planner, that position should be approved by the Commission. Then whoever is hired will go through the Town Manager and Human Resources. Mr. Giner is not sure the Commission can legally sit as a personnel board because of the charter. Mr. Giner stated the one position the Commission does have to approve by law is the Zoning Enforcement Officer.
Commissioner Lefakis made a motion, seconded by Commissioner Longhi, to change the Bylaws under Article XIV, Amendments, to read as follows: “These bylaws may be amended by a two-thirds vote of all members of the Commission present and voting 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 a two thirds vote of all members of the Commission present and voting.” The motion was approved by a 7 – 0 – 0 vote.
Commissioner Lefakis made a motion, seconded by Commissioner Sarno, to change the Bylaws to change the last sentence in Article XIII, Employees, to read: “Where there is a Director of Planning, he/she shall be authorized to employ personnel and retain consultants upon the approval of the majority of the Commission.” The motion was approved by a 7 – 0 – 0 vote.
b. Report from Policy Review Committee
Commissioner Ballard stated they are almost done with the Policy review.
c. Report from Signage Policy Review Committee
Mr. Giner will get the information from the Town of Canton for the Signage Policy Review Committee.
d. Discussion of Tag Sale regulations
Chairman Duren stated there should be some penalties added to the regulations because people are not paying any attention to the sign removal.
Applications to be Received
The following applications were received by the Commission:
FLD#025 – Permit for conducting activities within the 100-Year Flood limit related to the reconstruction of Post Office Road/Town Farm Road, Town of Enfield Department of Public Works, Applicant.
Section 8-24 Referral – Referral under Section 8-24 of the Connecticut General Statutes for various public improvements related to the reconstruction of Post Office Road/Town Farm Road, Town of Enfield Department of Public Works, Applicant.
Chairman Duren asked why didn’t the Commission do this 8-24 already. Mr. Giner stated he just got it together. Chairman Duren stated both applications will be done at the next meeting.
Chairman Duren requested that Mr. Giner keep the reports from the Policy Review Committee and the Signage Policy Review Committee on the agenda.
ADJOURNMENT
Commissioner Longhi made a motion, seconded by Commissioner Ballard, to adjourn. Following a unanimous vote, the Commission adjourned at 9:28 p.m.
Respectfully submitted,
_________________________
Peter Falk, Secretary
Enfield Planning and Zoning Commission
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