THESE MINUTES ARE PRESENTED IN DRAFT FORM AND HAVE NOT
BEEN FORMALLY APPROVED BY THE ENFIELD PLANNING AND
ZONING COMMISSION. OFFICIAL COPIES OF MINUTES, WHEN APPROVED,
CAN BE OBTAINED FROM THE TOWN CLERK OR PLANNING OFFICE.
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
APRIL 15, 2010
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, April 15, 2010 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Charles Duren called the meeting to order at 7:00 p.m.
PRESENT: Charles Duren, Chairman
Elizabeth Ballard
Peter Falk
Charles Ladd
Nicles Lefakis
Lori Longhi (arrived at 7:05 p.m.)
Kathleen Sarno
Michael Dumont, Alternate
Ronald Gregory, Voting Alternate
ALSO PRESENT: José Giner, AICP, Director of Planning
FIRE EVACUATION ANNOUNCEMENT
Chairman Duren gave the fire evacuation announcement.
MINUTES
a. April 1, 2010 Regular Meeting
Commissioner Ballard made a motion, seconded by Commissioner Sarno, to approve the Minutes of April 1, 2010. The Minutes were approved by a 6 – 0 – 1 vote with Commissioner Lefakis abstaining and Alternate Gregory voting.
STAFF COMMENTS
a. Director of Planning
Mr. Giner stated he has been trying to coordinate the public hearing for the Plan of Conservation and Development. The original schedule was May 19 or May 20 but Dr. McCloud will not be available that week and she would like to attend. Mr. Giner suggested June 2 or June 3 for the new public hearing date. June 2 is a Wednesday evening prior to the Commission’s regular meeting and would be the preferable date. The Council Chambers are available on that date. Mr. Giner will wait to hear from the Town Council before firming up this public hearing date.
Mr. Giner stated Shaw’s has left Enfield and Shop Rite is taking its place. Shop Rite wants to put their own stamp on the building and they would like to change the colors of the building. That side of the shopping center pretty much has its own architecture and décor apart from the rest of the plaza. He presented a drawing of the before and after color schemes for the Shaw’s building.
Commissioner Falk made a motion, seconded by Commissioner Gregory, to allow Jose Giner to handle administratively the repainting of the former Shaw’s grocery store for the new tenant, Shop Rite.
Chairman Duren stated he thought most of the peaks were sand colored. Mr. Giner stated they are green. Commissioner Longhi would like to see what the rest of the building is also because she thought it was somewhat uniform all the way down. Mr. Giner stated he doesn’t believe Shaw’s was ever.
Chairman Duren asked if they got approval from the owner. Mr. Giner stated no, the owner is Equity One. However, anything that they do has to go through the landlord. Chairman Duren was in favor of the new colors.
Mr. Giner stated when the plaza was completed previously, they didn’t do Shaw’s. They had separate agreements with them.
The motion was approved by a 7 – 0 – 0 vote.
Mr. Giner sent an email to the Commission about a crash course on the fundamentals of economic development and planning which will be held Thursday, April 29, from 4:00 p.m. to 9:00 p.m. at the Windsor Town Hall sponsored by CBI. Mr. Giner noted if there are more than three members from the town, the rest of the Commission members go free. Admission is $20. Mr. Giner stated Commissioner Ladd and Virginia Higley are going along with someone from Economic Development. If anyone wants to go, they should let Mr. Giner know. In response to a question from Commissioner Lefakis, Mr. Giner read the course description for the benefit of the Commission. Mr. Giner stated there is also a crash course two which is scheduled for November 30 which takes attendees through the planning process. The November 30 meeting will be at the Northeast Utilities auditorium on the Berlin Turnpike. If you sign up for the first course, you are automatically signed up for the second course. Mr. Giner asked those wanting to attend to send him an email.
Commissioner Ballard asked if Mr. Giner received a phone call from Cliff Daigle of Daigle Welding on Dust House Road. Mr. Giner stated he has not heard from him. Chairman Duren requested that Mr. Giner put the Aquifer Protection Agency on the next agenda. Commissioner Ballard stated Mr. Daigle is concerned that he doesn’t have anything in writing to indicate that he has registered. Mr. Giner stated he will be happy to send him something. Chairman Duren stated maybe something in writing should be given to those that register. Mr. Giner stated they have been taking the registrations and filing them. If they need something in writing to acknowledge their registration, he will do so. Chairman Duren suggested Mr. Giner work up something for the May meeting.
CORRESPONDENCE
Chairman Duren reported Correspondence includes the Notice of Action from the Inland Wetlands and Watercourses Agency dated April 6, 2010. Chairman Duren noted they approved the Enfield Properties and it will be on this Commission’s agenda tonight to set a public hearing. Correspondence also includes an authorization to Carl Nelson for some changes in a building location by the Wetlands Commission.
COMMISSIONERS’ CORRESPONDENCE
Chairman Duren noted the Commission has received the general magazines and notifications.
BOND RELEASES
Chairman Duren asked if Mr. Giner has checked with the Finance Department regarding old bonds that may be outstanding. Mr. Giner stated they have been busy with the budget and he has not yet contacted them.
PUBLIC HEARINGS (NEW)
a. XZA#10-07 – Town of Enfield Planning Department initiative for a proposed zone change from Industrial 1 to Industrial 2 for approximately 5.526 Acres of land located at 38 Post Office Road; Map 47, Lot 51; Post Office Road LLC, Owner.
Commissioner Longhi recused herself from this public hearing.
Chairman Duren opened this hearing to the public. No one spoke in favor or against this application.
Chairman Duren read a request for a withdrawal sent to Mr. Giner and dated April 15, 2010.
Commissioner Falk made a motion, seconded by Commissioner Gregory, to accept the withdrawal of XZA #10-07 without prejudice. The motion was approved by a 7 – 0 – 0 vote with Alternate Gregory sitting in for Commissioner Longhi.
OLD BUSINESS
a. SPR#1493 – Request for a sidewalk canopy between an existing medical building and mobile MRI unit located in a Business Professional (BP) District at 148 Hazard Avenue, Map 65, Lot 90, The Awning Place, Inc., Applicant; Johnson Memorial Corporation, Owner.
Mr. Giner stated at the last meeting the Commission was trying to figure out the parking calculations and whether or not taking up those parking spaces would have any effect on the required number of parking spaces. Mr. Giner was able to find the 2002 file and he did the calculations since the regulations for medical have changed. Based on the square footage that they have on the site, the required number of parking spaces for the complex is 282 and there is 328 supplied or a surplus of 46 spaces. The four or five spaces in front of the building that are being taken up while the MRI is there would not have an effect on the overall parking.
Bob Boyer, the owner of The Awning Place, appeared before the Commission regarding this application.
Mr. Giner stated with respect to the handicapped spaces, those are governed by the building code and would be determined when they came in for a building permit. Commissioner Ladd stated the spaces that were being discussed previously are actually courier spaces and not handicapped spaces. Mr. Giner stated the building official stated that the handicapped spaces would be reviewed at the time of the application. There is a surplus of parking for the entire complex.
Mr. Boyer stated currently there are no handicapped spaces where the MRI unit is located. A different unit was there for about four years and there were no handicapped spaces. There is one identified courier space in the back. All of the handicapped spaces are in the front of the building on the other side. The spaces in the back are designated for employee parking.
Chairman Duren stated the photograph showed signs which the Commission could not read causing some confusion. It looked like there were markings on the pavement.
Chairman Duren noted receipt of a memo from Fire Marshal Jack Flanigan dated March 10, 2010 giving his approval to this application.
Commissioner Longhi first made a motion to approve this application seconded by Commissioner Ladd. This motion was withdrawn in order to do the waiver first.
Commissioner Longhi made a motion, seconded by Commissioner Ladd, to waive the full submission requirements of Section 9.10.2 because the Commission finds that the information is not necessary in order to decide on the application’s conformance with these Regulations. The motion was approved by a 7 – 0 – 0 vote.
Commissioner Longhi made a motion, seconded by Commissioner Ladd, to approve SPR#1493 – Request for a sidewalk canopy between an existing medical building and mobile MRI unit located in a Business Professional (BP) District at 148 Hazard Avenue, Map 65, Lot 90, The Awning Place, Inc., Applicant; Johnson Memorial Corporation, Owner. This approval is subject to conformance with the submitted record and the following conditions:
General Conditions
1. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
2. All applicable Building and Fire Codes must be complied with prior to the issuance of any permits.
3. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
Chairman Duren asked if the applicant has seen the conditions. Mr. Boyer reviewed them and stated regarding condition #1, once the MRI unit is removed from the site, they are going to remove the canopy that is right up to the mobile MRI unit. The sidewalk canopy would stay and be finished off. He added regarding any change in the nature of the use or the structures, the use will be the same but the structure will change because part of that structure is temporary. Mr. Giner stated that is fine and that is the understanding. What is meant by that condition is major changes like moving the location.
The motion was approved by a 7 – 0 – 0 vote.
NEW BUSINESS
a. Section 8-24 Referral regarding acquisition of CDBG-R Eligible Properties at 98 Prospect Street, 59 Garden Street, 54 Cottage Green, 39 North River Street, 40 Walnut Street, and 13 Carpet Street.
Mr. Giner stated the Commission has a memo from the Town Manager explaining the program. What this program does is to allow towns to take over abandoned foreclosed properties that are becoming a blight, rehab them and put them back on the market. Mr. Giner noted the Commission received photographs of the buildings in question which are worthy candidates for this program. The town is using grant funds to purchase these properties and rehab them to remove the blight from the neighborhoods.
Commissioner Sarno asked if the town has purchased the properties.
Mr. Giner stated they are working on having a community development corporation reestablished and it would be through them or be quasi town. The Community Development Department would be getting the grant.
Commissioner Longhi stated the only thing that was not included in the letter was how they were going to put them back out to the public. The letter said at a discounted rate. She was curious as to how do they do that. Mr. Giner stated that would be a community development question. Commissioner Longhi stated that was one thing that was not explained in the letter. She asked do they put it out to bid or list it for sale with realtors. Mr. Giner stated they would have to follow all the rules for the disposal of property. Mr. Giner noted the funds also come with a few strings and they would have to follow whatever federal regulations come with the CDBG-R funds. Mr. Giner added part of the reason the town is taking these properties over is they have not been paying taxes.
Chairman Duren asked if they have to use a disclosure to seller with a voluntary arms length purchase offer. Mr. Giner stated they would have to follow all the federal, state and town mandates for the disposal of properties.
Commissioner Longhi stated she was confused because the letter stated they would be sold to a developer at a discounted rate for the development of owner-occupied housing. She didn’t know why they wouldn’t try to sell it to the new owner who would be occupying the house. Mr. Giner stated they may. He doesn’t know what they mean by developer. It could be individual owners. Commissioner Sarno stated there have to be some conditions and she is sure they will be rented or sold. Chairman Duren asked if the town rehabbed a home at Cottage Green. Mr. Giner stated he thought it was rehabbed and a lien was put on it. The town didn’t actually own it.
Mr. Giner stated the intent is with mounting foreclosures to be a little more proactive. Rather than having these boarded up homes, they would be rehabbed and marketed. He cited in particular the house on Garden Street which the neighbors have been complaining about.
Commissioner Sarno asked how the town acquires the properties. Mr. Giner stated he believes it is through foreclosure because of unpaid taxes. Commissioner Sarno asked if the money comes from the town that they pay the taxes to. Mr. Giner stated some of the homes may be purchased through grant funds if there is a discrepancy between the fair market value and the taxes owed. Chairman Duren stated what it says is the American Recovery and Reinvestment Act will allow the town to acquire abandoned foreclosed properties for the redevelopment and rehabilitation and they will be purchased with the grant funds. They will be assessed for structural and environmental hazards and sold to a developer at a discounted rate for the development of affordable owner-occupied housing.
Commissioner Sarno noted the developer pays back the funds.
Mr. Giner stated he believes with CDBG-R programs the program income could be reinvested for similar purposes so the town could get any money back just like with the housing rehab loans. It is put back into that specific program.
Commissioner Longhi stated she thinks it is a good thing and she would be in support of the referrals. However, the next time that they do this, they should give a little more detail just to make it easier. The Commission is all in support of redeveloping Thompsonville and getting rid of these blighted properties but it would be a little easier if the Commission knew what and how they were doing this.
Chairman Duren noted this meeting is on television and a lot of homeowners are viewing this meeting. People at home may wonder how it is being handled also.
Mr. Giner stated this has to go to the Town Council so those questions could be asked at the Council level also.
Commissioner Longhi stated the public may want to know that these are the questions that are out there so they can get them answered.
Commissioner Longhi made a motion, seconded by Commissioner Sarno, to recommend approval to the Town Council of the Section 8-24 Referral regarding acquisition of CDBG-R Eligible Properties at 98 Prospect Street, 59 Garden Street, 54 Cottage Green, 39 North River Street, 40 Walnut Street and 13 Carpet Street. The motion was approved by a 7 – 0 – 0 vote.
b. XSPR 10-05 – Exempt Site Plan review for a change of use from an existing industrial building to a Government Office/Facility at 1 Pearson Way in an Industrial-1 District; Map 75, Lot #2; Housing Authority of the Town of Enfield, Applicant; Platinum Finance, LLC, Owners.
Commissioner Ballard recused herself from this application. Alternate Commissioner Ronald Gregory will be voting in her place.
Chairman Duren stated the Commission has a letter from Ray Warren, Director of Development Services, dated April 7, 2010 which he had requested. He read the letter which noted that Mr. Warren has no objection to the use and is confident that the Enfield Housing Authority will be excellent property owners. Chairman Duren also noted receipt of the floor plans.
Mr. Giner stated the proposed use is not changing the floor plan or the site plan.
Commissioner Longhi stated when she viewed the property, there was a tenant. She asked if this is the correct building and is this tenant going to be exiting the property.
Scott Bertrand, Executive Director of the Enfield Housing Authority, and Ted Buczkowski appeared before the Commission regarding this application.
Mr. Bertrand stated there is currently a tenant in the building and the current owner is making arrangements to have them removed from the building. They will be vacating the property and it is a condition of the purchase sale.
Commissioner Longhi stated the reason she asked that question is the nine trucks that were on the property all had Vermont license plates. She was curious to know if the tenant was going or staying because there was a big sign on the property. She thought that should be noted. Mr. Giner stated the Assessor should know that. Chairman Duren agreed that the Assessor should go out and check some of these places from time to time.
Commissioner Longhi stated this plan was done in 1994 and the configuration is the same. They haven’t changed anything. She wanted to check it because the dates were so off from when it was done to now. Everything else looked exactly like it was portrayed on the plan.
Commissioner Falk asked if they are consolidating operations and where are the operations currently located. If they are in a building that is currently being vacated, will that now become taxable property or is it included in the nontaxable property that they are going to put more houses in.
Mr. Bertrand stated the existing locations that they operate are located at three housing developments. At this point in time, they do not have plans to convert them over to additional housing units. The maintenance facility is a two-car garage which was built in 1954 on Pearl Street. There is a small office located at Enfield Terrace built in 1962. There is another office at the Mark Twain Congregate facility. The use of the garage on Pearl Street would be for some storage for that location. They do not yet have a reuse plan for the office at Enfield Terrace. The Mark Twain space would be used for storage.
Commissioner Falk stated there is a big open space where you can park vehicles or lawn mowers. Mr. Bertrand stated mostly it would be storage for their appliances, doors, lumber and those types of things – anything that you would need for a multi-family housing development. The plan is for everything to be stored inside.
Commissioner Falk stated they are not creating any property that they are going to vacate. Mr. Bertrand stated he hopes at some time to be before the Commission with a reuse but not at this time.
Commissioner Longhi made a motion, seconded by Commissioner Ladd, to waive the full submission requirements of Section 9.10.2 because the Commission finds that the information is not necessary in order to decide on the application’s conformance with these Regulations. The motion was approved by a 7 – 0 – 0 vote with Commissioner Ballard not participating and Commissioner Gregory voting.
Commissioner Longhi made a motion, seconded by Commissioner Ladd, to approve XSPR 10-05 – Exempt Site Plan review for a change of use from an existing industrial building to a Government Office/Facility at 1 Pearson Way in an Industrial-1 District, Map 75, Lot #2; Housing Authority of the Town of Enfield, Applicant; Platinum Finance, LLC, Owners. This approval is subject to conformance with the submitted record and the following conditions:
General Conditions:
1. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
2. All applicable Building and Fire Codes must be complied with prior to the issuance of any permits.
3. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
The applicant had no problems with the conditions.
The motion was approved by a 7 – 0 – 0 vote with Commissioner Ballard not participating and Commissioner Gregory voting.
c. SPR#1492 – Site Plan Approval for minor modifications consisting of relocated doors and windows on the front facade for the Old Navy store in the Enfield Commons Shopping Plaza, 25 Hazard Avenue in a BR District, Map 45, Lot 8; Old Navy, Applicant; Galileo Enfield Commons LLC, Owner.
Mr. Giner stated what Old Navy wants to do is take the doors and move them. The signage is being applied for separately.
Joe Boylan, Construction Project Manager for the GAP, stated the store is going through a major remodel. As part of that remodel, they would like to relocate the entry doors to the right side of where they currently are so that they would work better with the interior floor plan as well as be more closely centered to the architectural elements of the shopping center. Right now there is a column that is right between the doors.
Commissioner Ladd asked if during the painting of the store front wall is it going to change color. Mr. Boylan stated he cannot answer that.
Mr. Giner stated the repainting was not part of the application. Mr. Giner can bring it back to the Commission and show them what is going to happen. He has no idea what the P-11 color is.
Commissioner Sarno stated the Commission can approve it and say when they paint it, they have to come back before the Commission.
Chairman Duren stated the legal notice addresses relocated doors and windows. There is nothing about signs or painting. The only thing the Commission is being asked to approve tonight is the moving of the doors and windows.
Mr. Giner stated the Commission has a memo and it states the sign is not part of this approval.
Chairman Duren asked the applicant if he had any problems with the conditions. He stated he did not.
Commissioner Longhi made a motion, seconded by Commissioner Falk, to waive the full submission requirements of Section 9.10.2 because the Commission finds that the information is not necessary in order to decide on the application’s conformance with these Regulations. The motion was approved by a 7 – 0 – 0 vote.
Commissioner Longhi made a motion, seconded by Commissioner Sarno, to approve SPR#1492 – Site Plan Approval for minor modifications consisting of relocated doors and windows on the front facade for the Old Navy store in the Enfield Commons Shopping Plaza, 25 Hazard Avenue, in a BR district, Map 45, Lot 8; Old Navy, Applicant; Galileo Enfield Commons LLC, Owner. This approval is subject to conformance with the submitted record and the following conditions:
1. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
2. All applicable Building and Fire Codes must be complied with prior to the issuance of any permits.
3. The sign shown on the plans is not part of this approval. Separate sign permits that conform to the regulations will be handled through staff.
4. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
5. The approval does not include anything to do with color changes or signs.
Mr. Boylan asked if they paint the exterior the same color can they do so without the Commission’s approval. Mr. Giner stated yes.
The motion was approved by a 7 – 0 – 0 vote.
d. SPR#1494 – Request for Site Plan Approval for minor modifications consisting of replacement and relocation of doors and windows on the north and west facades of an existing shopping plaza located at 604 Enfield Street in a BL District, Map 32 Lot 7, Enfield Retail Properties, LLC, Owner/Applicant.
Richard Maloney, 5 Heritage Drive, Prospect, Connecticut appeared before the Commission regarding this application.
Commissioner Longhi stated she drove by the property today and it looked like the work had already been done. It’s in progress and it was a surprise to her.
Mr. Maloney stated it is in progress. It was a surprise to him when he received a call about two months ago from Brett Stoddard in the Building Department. It first came to his attention that the process had not been carried through by their construction manager that they had on the project. He parted ways with them at the end of December and they were under the impression that all the permits and applications were in place for the project at the center. They stopped work during the winter and began in the spring. Mr. Stoddard asked him about the permit. Mr. Maloney looked into it and found no record of a permit in their files. Mr. Maloney was told that they had to go through Planning and Zoning and that is why they are here tonight.
Mr. Giner stated he wasn’t aware that work had already started. Brett Stoddard brought it to his attention that they had a building permit pending and had to go for a sign off.
Commissioner Ladd stated he went down to check on the tattoo parlor, he noticed the whole back was covered with plywood. Mr. Giner stated it is not visible from the street.
Mr. Maloney stated they are using the same style of glass and doors as they used up above on the main level. It will be the same color scheme. They are not adding on to the building or changing anything in that regard.
Commissioner Longhi stated it looks nice. She was just surprised when she had her before and after drawing and the after drawing was already there. She noticed part of the glass was in and part of it was still open and it looked like they had stopped in the middle. Mr. Maloney stated they were surprised when they received the call from Mr. Stoddard. They assumed their construction manager had taken care of everything.
Commissioner Longhi stated the building did look quite lovely. The painting around all the windows was green and she is assuming that they are carrying that all the way down. Mr. Maloney stated the aluminum is a green finish and it is the same finish as up above.
The applicant had no problem with the proposed conditions for this application.
Commissioner Longhi made a motion, seconded by Commissioner Ballard, to waive the full submission requirements of Section 9.10.2 because the Commission finds that the information is not necessary in order to decide on the application’s conformance with these Regulations. The motion was approved by a 7 – 0 – 0 vote.
Commissioner Longhi made a motion, seconded by Commissioner Ballard, to approve SPR#1494 – Request for Site Plan Approval for minor modifications consisting of replacement and relocation of doors and windows on the north and west facades of an existing shopping plaza located at 604 Enfield Street in a BL District, Map 32, Lot 7, Enfield Retail Properties LLC, Owner/Applicant. This approval is subject to conformance with the submitted record and the following conditions:
General Conditions:
1. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or the structures will require new approvals from the Enfield Planning and Zoning Commission.
2. All applicable Building and Fire Codes must be complied with prior to the issuance of any permits.
3. By acceptance of this permit and conditions, the applicant and owner acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
The motion was approved by a 7 – 0 – 0 vote.
OTHER BUSINESS
a. Report from Policy Review Committee
Commissioner Ballard addressed the draft of the Policy Guide. She stated it will be in a larger font so that it will be easier to read and there will be two pages. She is hoping Commissioners have reviewed it and have input regarding it.
The Commission discussed A Guide to Policies in Enfield and made the following changes:
Under Development Review Policy:
In the first paragraph ART meeting shall be changed to Administrative Review Team (ART).
The third paragraph entitled Plans – shall read “All pages must be stamped, signed and sealed by the appropriate professional…”
The fourth paragraph under Application Phase shall read:
After the plans are stamped in, the applicant shall deliver a set to the appropriate fire marshal. The plans will be distributed in office to all other departments.
The fifth paragraph under Application Phase shall read:
Staff comments will be submitted to the Planning Office within 7 days. Any changes in plans throughout this phase must be submitted to the Planning Office by 1:30 p.m. on the day prior to the packets going out to the Commission members (day prior is generally the Thursday prior to the meeting).
Chairman Duren complimented Commissioners Ballard and Longhi for the good job in the development of the policy guide.
b. Report from Signage Policy Review Committee
c. Discussion of Tag Sale Regulations – Chairman Duren suggested having fees for tag sale applications in order to keep track of them.
d. Discussion of Draft Plan of Conservation and Development – This was discussed previously and Mr. Giner is working on a date for the public hearing.
e. Zoning Enforcement Procedures – Mr. Giner will have the revised document ready for the next meeting.
APPLICATIONS TO BE RECEIVED:
The following applications were received by the Commission:
Public Hearings:
PH#2692 – Special Use Permit to allow a Tattoo and Piercing establishment in an existing commercial building at 654 Enfield Street in a Business Local (BL) District, Map 32, Lot 6, John Improta, Applicant; Michael T. and Dorothy Panella and Janice Banning Panella, Owners.
Chairman Duren stated he thought tattoo establishments were not allowed in the BL District. Mr. Giner stated tattoo establishments have been allowed as a personal service business and if it included piercing, a public hearing was required. There was also a limit placed on what they could pierce. In the past, the Commission has said ear and head piercing. It has always come in as a Special Use Permit under that section of the regulations or the broad category called personal service businesses. Chairman Duren stated in prior applications, the Commission has required a letter from the sponsoring doctor. Mr. Giner stated this application comes in under Section 5.20.2 which states uses determined by the Commission to be similar to and compatible with the uses listed in table 5-2 may be permitted as a special permit use. In the past the Commission has said that tattoo establishments qualify as personal services and the Commission has put on conditions as to what other types of services they can allow. Because it is a special use permit, the Commission can apply the appropriate conditions.
Chairman Duren asked about the location of 654 Enfield Street. Mr. Giner stated that is Panella’s Plumbing and Supply right next door to the shopping center. Chairman Duren asked where the public hearing sign would be posted. Mr. Giner stated they have a driveway by Enfield Street and that is where the sign would be placed. Chairman Duren stated Mr. Giner should make sure the sign is placed there because if they put it down in the back, no one is going to see it.
Mr. Giner stated he may do this on May 6 if there is sufficient time. The owner has a cease and desist and that is why he is coming in.
Commissioner Ladd asked about the bike shop. Mr. Giner stated that is also an enforcement issue at this time. He added right next to this business someone wants to put in a hair salon. They were submitting an application today. Mr. Giner will try to schedule the two at the same time because they will be right next to each other.
A public hearing may be scheduled for May 20, 2010.
PH#2693 – Special Use Permit to allow an elderly residential complex consisting of five residential buildings along with two office buildings at 153 South Road on property zoned Residential-44 and Industrial-1, Map 55, Lots 80, 93 and 99; Enfield Properties, Applicant; Anthony Troiano, Jr., Alan K. Tracy; Frank J. Troiano and Anthony F. Spazzarini, Owners.
Chairman Duren stated this public hearing is probably going to be one of the biggest ones the Commission has had for a while. He noted Wetlands has approved it.
A public hearing will be scheduled for May 6, 2010.
Site Plans:
SPR#1495 – Site Plan review for changes to the exterior elevations on an existing Dunkin Donuts located at 10 Hazard Avenue in a Business Regional (BR) District, Map 56 Lot 22, Carlos A. Caetano, Applicant; Equity One (Brookside) LLC, Owner.
Other Business
Commissioner Ballard stated when you are sitting in the audience, you cannot hear the Commission. She doesn’t know if it is the microphones again but she really couldn’t hear what people were saying tonight.
Adjournment
Commissioner Falk made a motion, seconded by Commissioner Ballard, to adjourn. Following a unanimous vote, the Commission adjourned at 8:30 p.m.
Respectfully submitted,
_______________________
Peter Falk, Secretary
Enfield Planning and Zoning Commission
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