Agendas/ Minutes > Planning and Zoning Commission > Planning & Zoning Minutes > 2010 Planning & Zoning Minutes > PZC 06/03/10 Minutes Share |

 

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

JUNE 3, 2010

 

A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, June 3, 2010 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.  Chairman Duren called the meeting to order at 7:00 p.m.

 

PRESENT:              Charles Duren, Chairman

                             Elizabeth Ballard

         Charles Ladd

                             Nicles Lefakis

                             Lori Longhi (left the meeting at 8:20 p.m.)

                             Kathleen Sarno (arrived at 7:08 p.m.)

                             Alan Drinan, Voting Alternate     

                             Ronald Gregory, Voting Alternate

 

ALSO PRESENT:     Virginia Higley, Zoning Enforcement Officer

FIRE SAFETY ANNOUNCEMENT

Chairman Duren gave the fire safety announcement.

Chairman Duren welcomed Zoning Enforcement Officer Virginia Higley who is sitting in for Jose Giner who is ill. 

MINUTES

 

a.                 May 20, 2010 Regular Meeting – Commissioner Drinan made a motion, seconded by Commissioner Gregory, to approve the Minutes of May 20, 2010.  Commissioner Ballard made a correction on page 14.  In the second paragraph, Cycle Truck and Equipment should read Central Truck and Equipment.  The Minutes, as amended, were approved by a 7 – 0 – 0 vote. 

 

STAFF COMMENTS

 

a.                 Town Attorney (in writing)

b.                 Zoning Enforcement Officer (in writing)

 

Commissioner Longhi stated Ms. Higley was going to send a letter to Circuit City’s management company regarding their sign.  She noticed that the clothing bins are still there and she would like that added to the letter when Ms. Higley contacts them about the signs.  Ms. Higley stated she will include both in her letter.

 

Chairman Duren stated Mr. Giner talked to them about the clothing bins but they figured they would leave them because they were non-profit.  However, the Commission cannot make an exception. 

 

Ms. Higley stated the gentleman called several times and was insistent about bringing in an application for the clothing bins.  Chairman Duren stated the consensus from the Commission was they wanted them out of there.  Ms. Higley stated she will make sure the Commission gets a copy of her letter. 

 

c.                  Director of Planning

 

Ms. Higley stated the Plan of Conservation and Development public hearing has been firmed up and that date is Tuesday, June 29, 2010 at 7:00 p.m. in the Council Chambers. 

 

Ms. Higley stated in the meeting packet are two notices of decision from the Zoning Board of Appeals’ last meeting.  Mr. Giner wanted the Commission to receive the Summary of the Zoning, Subdivision and POCD Referrals.

 

CORRESPONDENCE

 

Chairman Duren reported receipt of the Capitol Region Council of Governments Summary of Zoning, Subdivision and POCD Referrals dated May 27, 2010, the Notice of Action for the Enfield Inland Wetlands and Watercourses Agency dated May 18, 2010, and the Notice of Action from the Enfield Zoning Board of Appeals dated May 24, 2010. 

 

CONTINUED PUBLIC HEARINGS – From May 20, 2010

 

a.                 PH#2693 – Special Use Permit to allow an elderly residential complex consisting of 96 units in 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.  (Must close tonight unless extension is granted)

 

Commissioner Longhi recused herself from this application.   

 

Chairman Duren read a letter from Attorney Thomas Fahey requesting an extension of this public hearing until June 17, 2010. 

 

Chairman Duren opened this hearing to the public.  No one spoke regarding this application.

 

Commissioner Sarno made a motion, seconded by Commissioner Lefakis, to continue PH#2693 until the June 17 meeting.  The motion was approved by a 7 – 0 – 0 vote with both alternates voting.  Commissioner Longhi did not participate in this vote. 

 

Public Hearings (New)

 

a.                 PH#2659.03 – Modification to approved uses for indoor recreational facility located at 138 South Road, in a Business Local District, Map 55, Lot 9, Skater City, LLC Applicant; 138 South Road LLC, Owner.  (Hearing may be kept open until July 8)

 

Ira Nagel appeared before the Commission regarding this application.

 

Chairman Duren read a letter from Fire Marshal Ed Shirley dated June 3, 2010.  Chairman Duren noted the applicant has to consider that each time he organizes a function; he has to submit drawings to the Fire Marshal’s office if it is approved.

 

Chairman Duren had a question about the owner of the property.  Mr. Nagel stated 138 South Road LLC owns the property.  138 South Road does not own Skater City, LLC.  Chairman Duren stated the Commission needs signed permission from the property owner.  Mr. Nagel stated he can sign for the property owner.  He is the chief of the company. 

 

Chairman Duren stated Skater City, LLC located at 138 South Road includes Ira Nagel, Skater City, LLC, Member.  He noted there is a difference between a member and the owner. 

 

Mr. Nagel stated as far as Skater City, LLC, he is its only member.  As far as 138 South Road, he is a managing member and there are other members.  Chairman Duren stated there is no release from whoever the owner of the property is.  There is nothing from 138 South Road giving the Commission permission to hear this application.  Mr. Nagel stated he can give the Commission permission on behalf of 138 South Road, LLC. 

 

Chairman Duren stated his problem as Chairman is hearing this application without the proper credentials.  Ms. Higley stated the deed for 138 South Road is very thick.  She sent the Commission the last page showing the grantor of the mortgage is Ira Nagel.  He is the one they gave the mortgage to for this property.  He created an LLC.  Ms. Higley did further research as the Commission requested and Skater City LLC is merely for the business that occupies that building.  She stated Ira Nagel has created a new name for the business.

 

Chairman Duren stated Skater City is the applicant but there is nothing before the Commission from the owner of the property.  Ms. Higley stated the challenge in this case is when an LLC buys a parcel, the company doesn’t exist as one person but one person is the company.  When you buy something and the bank gives you the deed, the person who’s responsible for paying for it and has title to it is the one who signs and that signature is the grantor. 

 

Chairman Duren stated a letter would have to come from 138 South Road LLC.  Ms. Higley stated the signature on the deed is Ira Nagel.

 

Commissioner Longhi stated what the Commission would need is a letter from Ira Nagel saying he is a managing partner of 138 LLC and giving the Commission permission to hear that application. 

 

Chairman Duren stated Mr. Nagel can write something tonight if he would like to do so.  The letter should give permission for whoever to talk for Skater City LLC.  Chairman Duren apologized to the applicant and stated this should have been done in the Planning Office.  

 

Ms. Higley stated the entire deed is in the file.  If anyone on the Commission wishes to see the entire deed, they can email Ms. Higley and she will send out a copy. 

 

Ms. Higley read the letter submitted by Mr. Nagel.  It states:  The owner of the property, 138 South Road LLC, gives Skater City LLC permission to be heard by the Enfield Planning and Zoning Commission.  Both LLC’s will be represented by Ira Nagel.”  Ms. Higley stated he signed it on one side as the managing member of 138 South Road LLC and on the other side as a member of Skater City LLC.  Chairman Duren accepted the letter.

 

Mr. Nagel stated he is here tonight to talk about uses within the rink area.  He wants to ask the Commission what he is allowed to and not allowed to do.  When he was building the area, people flooded him with ideas like a comedy night, a game of dodge ball or square dancing.  In December, he thought he was allowed to play live music and he was mistaken and he canceled the concert because he didn’t have zoning’s permission.  He is here tonight to clarify what the Zoning Commission would allow him to do within the rink area itself.  He doesn’t want to move a machine and then be told that it violates zoning.

 

Chairman Duren stated Mr. Nagel can do exactly what is in his permit.  He stated Mr. Nagel has presented the Commission with quite a list of uses and it is going to be tough for the Commission to narrow it down.  He thinks they have problems because if they are going to rearrange furniture, he will have to talk to the Fire Marshal all the time.  Chairman Duren stated as he understands it, one of the problems is the building is not sprinklered.  Mr. Nagel confirmed that section of the building is not sprinklered.  By the fire code, it can’t be occupied by more than 299 persons.  The laser tag use is sprinklered. 

 

Commissioner Drinan stated the Commission can’t tell Mr. Nagel what he can do.  He needs to come to the Commission with a list which he has done which the Commission can approve.  If there is anything beyond that list, he would have to come back.  Commissioner Drinan went through the list submitted and one thing that jumped out at him was amusement rides.  He asked for a clarification of amusement rides.  Mr. Nagel stated the rink is only 95’ x 40’ so you can only fit a small amusement ride.  What he was considering was a simulator of a motion roller coaster ride.  It is stationary and inside is a movie screen and it makes you feel like you are on a roller coaster. 

 

Commissioner Sarno stated this is the third time this applicant is before the Commission.  She asked if Mr. Nagel is looking for additions to what the Commission already approved.  Mr. Nagel stated the Commission has approved him to do arcade machines.  He has an arcade room.  But let’s say he was to take an arcade game today and move it out of that room and put it next to the rink.  Commissioner Longhi stated he cannot do that.  Mr. Nagel stated that is why he is here.  He is asking for permission to move a machine. 

 

Commissioner Longhi stated what the Commission approved was plans of what Mr. Nagel wanted.  Now there are new plans that are not dimensioned and parts of rooms.  Mr. Nagel stated the confusion is there were three sections to the store.  One section was lazer tag which the Commission approved and which is not changing.  The mini-golf is actually open.  He is not talking about the uses in the arcade room.  The only section is the one he submitted and that is to scale and it is the roller rink area.

 

Chairman Duren asked if Mr. Nagel plans to close the roller rink.  Mr. Nagel stated no.  In the summer roller skating is not all that popular but maybe an amusement ride would be.  You can work out fifty fifty deals with the operators and it’s very common in the business. 

 

Chairman Duren stated Mr. Nagel doesn’t seem to have a firm plan.  This is confusing to the Commission because they have to know what Mr. Nagel wants to do in order to determine if it’s right or wrong.

 

Mr. Nagel stated as an accessory use to the roller rink, he already knows that he can put up a movie screen or a big screen tv while patrons are roller skating.  He is unclear if he could actually put in seating and let someone watch that screen as a movie.  Chairman Duren asked if Mr. Nagel wants a theater.  Commissioner Sarno stated presently Mr. Nagel cannot have chairs for people to watch a movie.  Mr. Nagel stated in the summer roller skating is not incredibly popular.  It’s a slow time for that business.  Maybe on a rainy day, kids would rather watch a movie.  That’s a different use and Mr. Nagel is asking this Commission for permission for this different use.  Chairman Duren asked what type of movies will be shown.  Mr. Nagel stated Lord of the Rings, Star Wars, and movies that have been out forever. 

 

Commissioner Longhi stated Mr. Nagel needs to come to the Commission with a plan showing the operation of movies from this time period to this time period – maybe June to August.  This is how much seating.  This is how I want to arrange it.  In this way, the Commission will have something to approve.  Right now it’s like well, we might do these and we might not.  In order for the Commission to grant an approval, they have to have a plan and know exactly what is being approved.  There are so many things on the list and the Commission doesn’t know what the hours are going to be on these things.  Mr. Nagel needs to come back with more direction. 

 

Commissioner Sarno agreed that Mr. Nagel needs a defined list of what is wanted and at what time of the year.  The Commission can then consider it.

 

Mr. Nagel stated let’s say he comes to the Commission and he says Wednesday night from 6:00 p.m. to 10:00 p.m. he wants to put on a comedy show.  If Wednesday night does work in the future, does that mean that he has to come back to the Commission each time he wants to change the date.  This is why he gave the Commission a list.  He doesn’t know when the best scheduled times for those things might be and they might change in the future.  He is asking for additional uses tonight.

 

Commissioner Ballard stated Mr. Nagel wants to be able to do all the things on the list he submitted at his discretion.  Mr. Nagel confirmed that and stated it would be subject to the Fire Marshal’s approval. 

 

Commissioner Drinan stated Mr. Nagel’s Exhibit 2A shows a very rough sketch of seating for the 108 seats.  He asked if that is the seating he would use for any of these activities.  Mr. Nagel stated that is the seating he would use if people were sitting in front of a movie screen.  The magic number is 111 seats and it would be limited to that.

 

Chairman Duren stated if Mr. Nagel wants to operate a theater, he has to come in with plans to operate a theater. 

 

Mr. Nagel stated he just wants to amuse the public.  He questioned if Porter and Chester wanted to rent out the entire rink, could they do so. 

 

Chairman Duren stated Mr. Nagel should be talking to Mr. Giner or Mr. Warren.  There is no way the Commission can approve all the items on the list Mr. Nagel submitted.  Also, the Police Department would not know what is going on and Mr. Nagel would be running back and forth to the Fire Marshal. 

 

Commissioner Drinan suggested that Mr. Nagel prioritize his list.  Mr. Nagel stated he can try but things may change in the future.  He can prioritize what he wants today. 

 

Chairman Duren stated if Mr. Nagel is going to further change the use, he would have to come back before the Commission.

 

Chairman Duren asked about Porter and Chester coming in.  Mr. Nagel stated if Porter and Chester wanted to rent out the entire amusement park, would they be allowed to stand in the middle of the rink and recruit students.   Chairman Duren stated Mr. Nagel should be talking with Jose Giner or Ray Warren.  If Mr. Nagel lists the uses, then the Commission can say yes, you can do one, two, three and four.  Chairman Duren stated the list now includes enough where there is no way the Commission can approve all the uses.  The Commission would have no control.  The Police wouldn’t know what was going on and the Fire Department wouldn’t know what was going on.  Mr. Nagel would be running back and forth to see Ed Shirley as to whether or not he could do something. 

 

Commissioner Drinin stated if Mr. Nagel prioritizes his list and he ended up with movies, comedy shows, talent shows and magic shows – basically, audience seated shows, that could be approved as a block and the Commission could find a term for that.  He asked if Mr. Nagel could prioritize his desires by demand.  Mr. Nagel stated he could try but things may change in the future.  Chairman Duren stated if the uses change, Mr. Nagel would have to come back. 

 

Commissioner Ladd stated if the Commission approved an activity center that included the magic shows, the comedy shows, the movies, talent shows, birthday parties, senior activities and not the other four, he could have the things on the ends for the activities.  If someone like Porter and Chester wanted to take the whole thing, they could have their meeting in the activity room and still have the activities on the other part.  It would be almost like going to Six Flags. 

 

Chairman Duren stated if he leaves the chairs where they are in the evening permanently for performances, he doesn’t think he would have a problem with Fire Marshal Shirley.  If he comes in with a list, he could run movies or magic shows or talent shows. 

 

Mr. Nagel appreciates the Commission’s time.  Jay Thomas asked if they open up a roller skating rink and they want to put a movie in that spot, do they have to specify the particular date that is going to happen.  But if they open as a roller skating rink, they can only operate during a specific time and day.  Chairman Duren stated the Commission set hours of operation.

 

Mr. Thomas stated he used to work at a roller skating rink and they did games like musical pillows.  The children had roller skates on.  The Commission’s consensus was that this was still roller skating and additional permission is not needed for these roller skating related games. 

 

Mr. Thomas stated it seems like Mr. Nagel is being required to have a special time for everything.  Chairman Duren stated he has permission right now to run a roller skating rink which means anything that is associated with roller skating.  If those games were played with the roller skating, that is fine.

 

Mr. Thomas stated they also have a dice game at the roller rink.  They have done this game with and without roller skates because there were some handicapped kids who could not roller skate.  He asked if this is against the rules.  Commissioner Longhi stated if everyone else is roller skating and the intent is roller skating, you can do so from Monday through Thursday, 7:00 a.m. to 10:00 p.m., Friday 7:00 a.m. to 12:00 midnight, Saturday 8:00 a.m. to 12:00 midnight and Sunday 11:00 a.m. to 8:00 p.m.  If it is roller skating, he is okay because that is what was approved.  But now, with those hours that the Commission approved for roller skating, he is thinking about other activities and that the Commission needs to know about. 

 

Commissioner Drinan asked if indoor sports such as hockey includes roller hockey.  If it’s on roller skates and you are playing hockey, he would think Mr. Nagel already has approval for that.  If it is some other kind of hockey, then it would not be permitted. 

 

Chairman Duren stated Mr. Nagel’s company should have a plan.  This Commission shouldn’t be planning for him.  Mr. Nagel asked if he could have a dual use.  Could they say either roller skating or theater during this period of time?  Chairman Duren stated that is up to Mr. Nagel.  He is going to have to write out exactly what he wants with the times he wants and let the Commission know. 

 

Commissioner Longhi stated the Commission’s job is not to have a dialogue back and forth with Mr. Nagel.  The Commission’s job is you present something to us and we either accept it or reject it.  You have to present it for us to decide what to do.  Mr. Nagel has to tell the Commission what his desires are and then the Commission will decide whether or not it would be approved.  What has been presented thus far is not any kind of presentation and that is what the Commission is looking for.

 

Chairman Duren stated Mr. Giner should have had Mr. Nagel come in for an informal discussion at the end of the meeting.  It shouldn’t have been a public hearing but since it is, it has to be opened to the public. 

 

Commissioner Drinan suggested Mr. Nagel present the audience activities as one proposal.  He might put other things together like indoor sports and hockey and using playground equipment.  Maybe he could package those together and those would be different than the seated audience activities. 

If he develops two or three types of activities that are similar and proposes them to the Commission, the Commission can consider them.         

 

Chairman Duren stated Mr. Nagel would have to check with the Fire Marshal because with the type of building he is using, he would be limited as to what he can do.  Mr. Nagel stated if he were to change any activity he was having that day, he would have to clear it with Fire Marshal Shirley.  Chairman Duren stated there may be some things that he would not be able to do and before Mr. Nagel comes to the Commission, he should check with Fire Marshal Ed Shirley as to whether it is something he is allowed to do.

 

Mr. Nagel stated he doesn’t have a problem with anything he wants to do.  If he wants to hold a dodge ball activity, there will be x amount of people in the rink area and there will still be the same amount in the seating area.  Chairman Duren stated Mr. Nagel would have to give the Commission those figures.  Mr. Nagel asked for each specific activity.  Chairman Duren stated that is what the Commission is telling Mr. Nagel.  Chairman Duren asked that Mr. Nagel work with Jose Giner or whoever is in the office.

 

Commissioner Ballard stated Mr. Nagel has given the Commission a list of things that he would like to put into the building at his discretion.  He wants to be able to do it whenever it comes up.  Mr. Nagel stated that is correct.  Commissioner Ballard stated Mr. Nagel can’t do that because he has to get permission to do it.  Mr. Nagel stated the uses are limited to the amusement zone that he is already in.  It is not any use under the sun.  Commissioner Ballard stated Mr. Nagel would have to get permission to do these activities through the fire marshal and from the Commission.

 

Commissioner Sarno stated Mr. Nagel needs to come in with a plan showing what he wants, when he wants it so that the Commission has something they can approve.  Commissioner Sarno felt this should have been discussed informally.

 

Chairman Duren opened this hearing to the public.

 

Jennifer Hilinski, 18 Arrow Street, Enfield, Connecticut, questioned why we’re even considering this application today.  On April 16, 2009 Mr. Nagel was here before the Commission and one of the conditions of his special use permit was that the commencement of the use as approved must occur within one year of the effective date of this approval or the approval shall be null and void unless an extension is granted by the Commission.  Ms. Hilinski stated Mr. Nagel has not opened the roller skating rink or the laser tag.  The arcade is not open.  It’s a mini golf right now which is not even an approved use. 

 

Chairman Duren asked that Ms. Higley check into that.  Ms. Higley stated while Mr. Nagel was talking, she went through the old file and mini golf is not mentioned in the Commission’s approvals.

 

Ms. Hilinski stated she has the April 16, 2010 Minutes that list the conditions.  Commissioner Sarno confirmed that Condition #7 says that if he didn’t open within a year, the approval would be null and void. 

 

Ms. Hilinski stated she drives by this plaza four times a day and the public hearing sign was not up until this afternoon when she went home for lunch.  Upon investigation yesterday, it has been laying in the front yard in the right of way where the poles for the sign that was not approved are still standing in the right of way.  Ms. Hilinski stated one of the other conditions was he was supposed to pave the driveway and make repairs.  To date, that hasn’t been done.  Another item is if you go to the day care, they have that special mirrored glass where people can’t see in but they can see out.  Where the arcade is supposed to be, there is some ugly white what looks like sheetrock up in the window so the police driving by could not even see what activity is going on in that arcade.  In January, Mr. Nagel was having live music and it was shut down because he didn’t have the proper permits. 

 

Ms. Hilinski stated as of January she doesn’t believe Mr. Nagel has purchased any roller skates for the facility.  She doesn’t know if there are any arcade machines in there.  Right now all he is advertising is mini golf which is not even an approved use.  Ms. Hilinski stated this applicant has been before the Commission three times and she is saying three strikes you’re out.  Ms. Hilinski asked that the Commission cancel this application and have him come up with a fresh specific plan instead of wasting time proposing what he wants to do.  Obviously the warning he got in January didn’t stop him from opening the mini golf. 

 

Chairman Duren stated he read some place about pot holes being filled.  Ms. Higley stated she received a call from the Fire Marshal.  The fire lane in the back was impassable for the fire trucks.  The day care is the only use that is sprinklered.  Ms. Higley called Ira’s manager and he said that they were going to be redoing the parking lot.  He did patch pot holes in back and she thinks the pot holes in the front are patched.  Ms. Higley was under the impression that they were going to redo the parking lot and that hasn’t happened. 

 

Commissioner Longhi asked if Ms. Higley has information about the sign being posted properly.  Ms. Higley stated it was up on Monday.  Once she checks it, she doesn’t go by it again.  She doesn’t know how the regulations address it if the sign is down.  It was up on the day it had to be up by.  Chairman Duren read the certification from the Zoning Enforcement Officer.  On Monday, May 24, 2010, she drove by and the sign was posted.  Chairman Duren stated it is a problem because there have been other signs that have been taken down at certain times.  Commissioner Sarno stated she drove by and saw the sign posted. 

 

Chairman Duren stated the rest is enforcement and the permit should be pulled if that is what it says. 

 

Commissioner Longhi stated condition 7 states the commencement of the use as approved must occur within a year of the effective date of the approval or the approval shall be rendered null and void unless an extension is granted by the Commission.  She noted the Commission did not grant such an extension. 

 

Commissioner Sarno stated that is one of the reasons she had asked if they had opened.  She does pass this plaza daily and she doesn’t see any activity going on in there for roller skating or laser tag.  To her, it doesn’t seem open. 

 

Ms. Higley asked about the date of the special use permit.  Commissioner Longhi stated it is not dated when it was signed.  Chairman Duren stated you would need the legal notice when it was in the newspaper.  Commissioner Longhi stated it says that on April 16, 2009 the Planning and Zoning Commission approved PH#2659.02.  Ms. Higley stated the reason she is asking is special use permits are separate documents that Secretary Falk signs and then the applicant comes in and records them in the Town Clerk’s Office.  Sometimes they sit for a while.  Chairman Duren stated it says the use must occur within a year of the effective date.  The approval was as of April 16, 2009.  Chairman Duren noted the approval for the roller skating rink according to this should be over.   Ms. Higley stated she will check with Mr. Giner.  Her understanding is Mr. Giner goes by the special use permit recording date.  Chairman Duren stated that is not what this condition says.  It says the date of this approval. 

 

Commissioner Sarno asked how long it takes to record.  If this was approved on April 16, 2009, would it have been recorded within thirty days.  Ms. Higley stated not necessarily.

 

Chairman Duren asked for additional audience input.  The applicant responded to previous comments.

 

Ira Nagel brought up this specific woman that keeps speaking.  Chairman Duren requested that Mr. Nagel not get into personalities.  Mr. Nagel stated he is a resident of Enfield and he would like to speak.  Chairman Duren stated he can speak but he asked that he not single out an individual.  Mr. Nagel stated this individual used to work in the Building Department in Enfield and he was hit with a cease and desist order for fixing his roof the minute he bought the building.  When he walked into the Building Department, he asked in a nice way if he could speak to whoever is in charge regarding the cease and desist order for fixing the roof.  She got very nasty.  Chairman Duren stated shall we just leave it that Mr. Nagel has a problem with this young lady.  Mr. Nagel stated her information is inaccurate.

 

Mr. Nagel stated as far as his use, he would really like to know from this Commission because he is about the sign a laser tag contract if the Commission is going to allow him to open it.  He has to make a decision tomorrow.  He stated if the Commission doesn’t want an amusement facility here, he will just go home.

 

Chairman Duren stated the Commission hasn’t said that.  Mr. Nagel stated he doesn’t have any more time.  He has spent two years here trying to do this and he’s had a lot of difficulty getting it open.  He would love to just open the laser tag store right now.  He can have it up in two weeks. 

 

Commissioner Longhi stated Mr. Nagel had approval for the laser tag and he had a year to either open it or come back for an extension.  He hasn’t opened it and he hasn’t come back for an extension.  The Commission can’t at this point say okay because Mr. Nagel hasn’t complied with either opening it or asking the Commission for an extension. 

 

Mr. Nagel asked if opening it is defined as actually running it or getting a certificate of occupancy.  He has three certificates of occupancy.  Commissioner Longhi stated Mr. Nagel hasn’t been open for business.  She asked if the public has been using the laser tag.  Mr. Nagel stated no, the laser tag at the moment doesn’t have a certificate of occupancy.  The skating rink has had a certificate of occupancy since December 20. 

 

Chairman Duren stated Mr. Nagel has had the permit for a year and he hasn’t exercised it.  Mr. Nagel asked if the certificate of occupancy counts as being open for zoning purposes.

 

Commissioner Drinan asked what activities Mr. Nagel has begun there.  Mr. Nagel stated right now he has mini golf open.  In December he tried to have a kick off concert which he was told wasn’t allowed by zoning. 

 

Chairman Duren stated the problem is the Commission has to deal with specifics and Mr. Nagel hasn’t given specifics.  Now he is saying he wants to open a laser tag.  The laser tag wasn’t part of this public hearing tonight.  It was approved before and he had a year to do it.

 

Chairman Duren stated enforcement takes place by the Zoning Enforcement Officer and it is not the Commission.  It is up to their decision whether or not the reading of the minutes is what it says. 

 

Commissioner Sarno asked what are we telling Mr. Nagel – to come back with a set plan.  She asked if he is okay to sign his contract tomorrow for laser tag.  Chairman Duren stated he has no permit for laser tag.  Mr. Nagel stated he does.  Commissioner Sarno stated the Commission approved that over a year ago.  Mr. Nagel stated the laser tag is not up for question tonight.  Chairman Duren stated Mr. Nagel could have signed it tomorrow and someone would have come in and complained and it would have been stopped immediately because he hadn’t opened it within a year.  Mr. Nagel stated he is doing the best he can to get a c.o.

 

Chairman Duren stated the Commission has to obey the laws of the State of Connecticut and the Zoning Regulations of the town.  Mr. Nagel stated in this particular case, he is asking the Commission for an extension.  Chairman Duren stated it says an extension within a year.  If Mr. Nagel had come in and asked for an extension within a year the Commission would have said yes but it’s been more than a year. 

 

Commissioner Sarno stated Mr. Nagel shouldn’t even be here.  It should have been stopped at the town level.

 

Mr. Nagel stated he is getting a different story for each specific department and he doesn’t know who to listen to any more or what to do.  He is sorry if he is wasting the Commission’s time but he simply wants to open a store.  Chairman Duren stated the Commission gave Mr. Nagel some suggestions.  Mr. Nagel stated he doesn’t have any time for suggestions.  All he wants to do is open his laser tag store and put some arcade games on one side of the rink.  If he can’t do that tomorrow, then there’s nothing left to do.

 

Ms. Higley stated she has to check and see when the special use permit was recorded.  If the special use permit was recorded in enough time, Mr.  Nagel could come back and ask for an extension. 

 

Commissioner Longhi stated there is a complaint to the zoning enforcement officer to follow through.  Ms. Higley has to deal with that.  Mr. Nagel wants to sign a contract for the laser tag which is not anything to do with the Commission.  That would be depending on what would happen with the complaint whether or not he continues the laser tag or even the skating rink because that technically hasn’t opened as well.  Those would have to be settled.  What the Commission needs to do tonight is act on the application that Mr. Nagel came in front of the Commission for.

 

Chairman Duren asked for the exact wording in the legal notice.  Commissioner Lefakis read PH#2659.03 – modification to approved uses for indoor recreational facility located at 138 South Road in a Business Local District, Map 59, Lot 9, Skater City LLC, Applicant, 138 South Road LLC, Owner. 

 

Chairman Duren stated what the Commission can do is keep this public hearing open and not act on anything tonight.  Mr. Nagel can come back to the June 17 meeting.  Chairman Duren stated or we can vote on this tonight.  Mr. Nagel has to go to the Planning Office and determine whether or not he can begin the laser tag.  That is a question that the Commission can’t answer.

 

Mr. Nagel stated he is asking the Commission for an extension.  Chairman Duren stated he cannot do that.  It is not on the agenda.  Secondly, he doesn’t know if Mr. Nagel will need the extension or not. 

 

Mr. Nagel stated he came here tonight in good faith saying he wants a theater type use.  Chairman Duren stated Mr. Nagel gave the Commission a whole list of things.  Mr. Nagel stated the Commission can take out what they don’t like.  Chairman Duren stated that is not what the Commission does.

 

Commissioner Longhi asked if the Commission should vote on this tonight or does Mr. Nagel want the Commission to continue this hearing. 

 

Chairman Duren asked Ms. Higley to have Mr. Giner meet with Mr. Nagel to go over his application.

 

Chairman Duren asked Mr. Nagel if he wants the Commission to close this hearing or keep it open and have him submit something the Commission can deal with.

 

Mr. Nagel stated he wants to keep the hearing open.

 

Chairman Duren asked that Mr. Nagel talk to Mr. Giner.  If Mr. Giner is not there, he should see the Town Manager.  There is a need for Mr. Nagel to come in with specific plans. 

 

Mr. Nagel stated the only issue in his mind is there seems to be a question on the laser tag use and the Commission has already granted it.  If he had his wish, he would just simply open that tomorrow.

 

Chairman Duren stated Mr. Nagel was given the conditions which he agreed to and it says the commencement of the use as approved must occur within a year of the effective date of this approval or the approval shall be rendered null and void unless an extension is granted by the Commission.  The Commission has had no request to extend it and Chairman Duren doesn’t believe the Commission can extend it tonight without it being on the agenda. 

 

Ms. Higley stated first the Commission has to have a written request and then it has to be on the agenda. 

 

Commissioner Sarno asked how long it will take Ms. Higley to find out when it was recorded.  Mr. Nagel can call Ms. Higley in the morning to verify this.

 

Ms. Higley stated it is her understanding from Mr. Giner that the date starts the day it is recorded.  She will check with Mr. Giner and also check with the Town Attorney. 

 

Commissioner Lefakis stated if necessary because of the time frame would the applicant be notified that he has to file an application for an extension.  Chairman Duren stated yes.  If they say Mr. Nagel needs an extension or lets him operate with an extension – they may say sign your contract and come in for an extension at the same time.  The Commission does two hearings for people at the same time.  In fact, the extension wouldn’t even be a public hearing. 

 

Mr. Nagel stated he has searched long and hard to get this specific equipment and he got a deal on it and he has to sign a contract tomorrow.  Chairman Duren stated it should have happened upstairs.  Mr. Nagel stated the whole system has failed for him and he just doesn’t know what to do any more.  He is sorry he is taking up the Commission’s time. 

 

Chairman Duren instructed Mr. Nagel to call Ms. Higley tomorrow for assistance.  He can also talk to the Town Manager if necessary.

 

Chairman Duren opened this hearing to the public.

 

Jeremy Hemmingway, 15 Vintner Place, spoke in favor of a roller skating rink for the town.  He thinks it would be in the best interests of the town to have such a rink.  He has good childhood memories of roller skating and he wants to see it for Enfield.

 

Commissioner Longhi made a motion, seconded by Commissioner Ballard, to continue PH#2659.03 to the June 17, 2010 meeting.  The motion was approved by a 7 – 0 – 0 vote with Alternate Drinan voting.

 

Chairman Duren asked Ms. Higley to assist Mr. Nagel tomorrow.

 

Commissioner Longhi left the meeting at 8:20 p.m. 

 

b.                 PH#2646.02 – Modification to approved plans to allow three temporary portable classroom buildings at an existing Public Safety Charter School located at 227 Brainard Road in a Residential 33 District, Map 62, Lot 106, TO Design, LLC, Applicant; James S. Bianco, Owner.  (Hearing may be kept open until July 8)

 

Chairman Duren noted the Commission has a letter from James Bianco verifying that he is the owner of the property and he approves the use by CREC.  There is also a letter from CREC regarding the special use permit application. 

 

Roger LaFleur, Director of School Construction for CREC, and Steve Dewey appeared before the Commission regarding this application. 

 

Mr. LaFleur stated a couple of years ago they came before the Commission and wanted to put the public safety academy on Brainard Road.  The Commission approved their plan and allowed them to go forward. 

 

Mr. LaFleur made a correction for the record.  He noticed that the school is referred to as a charter school.  It’s not a charter school but it’s a public magnet school.  A charter school comes under different regulations. 

 

Mr. LaFleur stated two years ago they started the school.  They had a late start because they were acting on behalf of the state in the Sheff vs. O’Neil stipulated order.  They didn’t start the school until late in the year.  When they opened up, they had an enrollment of 90 students.  They had more time the following year and did a much better job in terms of advertising and recruiting.  They worked with the regional choice office to maximize the amount of students they could take in.  Their enrollment went up to close to 200.  The proposed enrollment for this year will be 250 students.  The school has been very successful and they have a substantial waiting list to get into the school.  As a result of their success, they have outgrown the facility. 

 

Mr. LaFleur stated it is a temporary school.  They submitted a grant application to the State of Connecticut last year for a brand new school and that school will be approximately 150,000 square feet.  They are currently in a property search and they are in the process of selecting the architect to design that school.  Mr. LaFleur just talked to the State Department of Education and they will receive the grant commitment letter in July.  Their plans are to move forward with a permanent facility for this school which will have somewhere between 600 and 700 students.  The temporary aspect for Brainard Road, even though they are putting temporary classrooms there, is strictly temporary but very much needed.

 

Steve Dewey, the architect, stated they have been through the town process of talking with Mr. Giner and the fire marshal.  They did receive some comments as to what would be potential stipulations of the plan.  They have pretty much addressed all those comments.  There’s one that he wanted to get a little bit more clarification on before they finalize the plans.  The comment on reducing paved area and adding a grass area to compensate for the runoff.  Mr. Dewey presented the plan showing the existing building.  The entrance out of the building includes a bituminous ramped area that comes out.  They are extending that to create a walkway to the tennis court area.  That is where they are proposing the portables to go.  To make up for the zero increase in impervious surface, they are proposing to put a grassed area on either side of that which will help also to grade where that ramp area is.  Right now there is a concrete pad and you have to step down.  This is a better solution to create a better transition there.  They have addressed that issue and have a drawing prepared with the added notation that was requested.

 

Mr. Dewey stated there was a question concerning a stair.  He stated there are five classrooms and three structures.  The comment was for the stair to be rotated so that it was facing the pathway.  Mr. Dewey stated the reason that was brought up was because of the fact that it’s close to the edge of the court surface.  He added an acceptable alternative would be to just slide the units down a little bit farther.  They will be maintained during the winter months.  There will be a shovel path and a maintained area around it.  He was wondering if that was the concern.  Chairman Duren stated the Commission will make that a condition that they work with the Engineering Department.  Chairman Duren doesn’t know if that alternative is acceptable because the Commission didn’t make that comment.  It came from John Cabibbo, the Town Engineer, and Mr. Dewey would have to work that out with him. 

 

Mr. Dewey stated they did add some plantings that would help to create a bit of a screen so the structures won’t be an eyesore.  There is a fence.  The area is fenced in and they will be taking that down. 

 

Chairman Duren asked what they are doing with the brick wall.  Mr. Dewey stated they will be maintaining it. 

 

Commissioner Ladd stated the Town Engineer had a concern about the court being damaged due to the loading.  He asked if that has been addressed with him.  Mr. Dewey stated they show a concrete pier system being used.  The tennis courts are going to be repaired after they are taken out so that the owner doesn’t have a bunch of holes in there. 

 

Chairman Duren asked Ms. Higley about the legal notice which said charter school also.  It’s a magnet school and will this cause a problem.  Ms. Higley stated she doesn’t have a problem with that.  It probably came from the fact that to us in zoning, magnet and charter schools are the same. 

 

Chairman Duren stated we are probably legally correct.  Anyone reading it would know what it was.  Ms. Higley stated she will change the agenda in the office from charter to public magnet so that it will be correct.  Chairman Duren stated if it is approved, it should read that way also. 

 

Chairman Duren stated the Commission has a certification from Ms. Higley that the public hearing sign was posted.  Chairman Duren confirmed that he personally saw the sign.

 

Chairman Duren read a memo from Earl Provencher dated June 3, 2010.  He has no concerns at this time.

 

Chairman Duren noted they don’t propose bathrooms in the portable classrooms.  Mr. Dewey stated they did a plumbing count for the existing facility and the plumbing count meets the requirements.  Chairman Duren brought up the fact that in the winter time the students are going to have to go out into the cold to use the facilities.  Mr. Dewey stated these classrooms are specific subject classrooms.  There is an English one and a math one.  The students will be taking most of their classes in the main building.  They’ll come out for one or two classes during the day in the portables. 

 

Ms. Higley stated the Plans A-1 and the last page discuss lavatories.  If that is a mistake, it should be removed before the plans are approved.  Mr. Dewey stated he believes what is in there is the plumbing count which the building official had required.  Commissioner Drinan stated the diagram on the upper left shows a boys’ and girls’ toilet.

 

Mr. Dewey stated there is a 500’ travel distance.  He did draw a line to show that the travel distance was 312’ from the farthest point so that they are within the 500’ travel distance by code.  That is going to be submitted with the building permit. 

 

Chairman Duren had a letter from Marvin Sierra of Water Pollution Control.  He read this letter.  Chairman Duren didn’t know if the Health Department gets involved with this type of facility. 

 

Ms. Higley stated if it is an error and they are not having any plumbing at all, then they need to revise those plan sheets so that the Commission can have an accurate set.  Mr. Dewey stated they are showing for the building department that they are not providing toilets in the portables because they are in the existing building.  They are within the travel distance. 

 

Mr. Dewey confirmed there are no bathrooms in the portable classrooms.  There are bathrooms shown on the plans.  The reason the bathrooms are shown on the plans is to accommodate the requirement of the Building Department to show that where the bathrooms are accessible within the distance.  They could take them off the plans but the Building Department may want them back on.  Ms. Higley suggested Mr. Dewey send the Commission a letter addressed to Jose Giner stating there will be no interior bathrooms and that could be made part of the record and sent to Mr. Sierra.

 

Commissioner Lefakis asked what is the exterior of the buildings going to look like.  Will they have a pitched roof and are there any rooftop mechanicals?  Mr. Dewey stated the exterior of the portables is a wood paneling.  There is a slate quarter inch pitched roof on them and they will look flat from a distance.  It does go to a gutter and downspout system which has extensions on it to divert water from the walking paths.  The design they came up with proposes wall mounted units for the mechanical area.  The box with the mechanicals would be on the side of the buildings. 

 

Commissioner Lefakis asked what color the portables will be painted.  Chairman Duren recommended earth tones.  Commissioner Ballard asked if they could match the school.  She noted we had this problem once before and they did paint the portables red to match the school and you can’t even tell they are temporary classrooms.  Mr. Dewey stated they could paint them a brick red. 

 

Chairman Duren added condition 14 to the list of conditions which states that upon discontinuance of the use by CREC that the portables be removed.  Mr. Dewey stated that has already been negotiated in the terms of the lease agreement. 

 

Chairman Duren asked if the applicant has read the conditions from Mr. Giner dated May 28, 2010.  Mr. Dewey stated he has and he has no problems with them. 

 

Commissioner Ladd would like to see a condition about restoring the tennis courts to their original state.  Condition 15 was added that states upon the removal of the classrooms, that the tennis courts be restored to their original state.  Mr. LaFleur asked that the wording be useable condition rather than original state.

 

Chairman Duren opened this hearing to the public.

 

Carol Green, 92 Windsor Street, spoke in favor of this application.  She stated three of her children have been accepted to this school.  One of her concerns was the size of the school and knowing that they are going to add more classrooms brings peace of mind to her and her children. 

 

Chairman Duren stated they had a mock emergency drill and it was quite an experience for those involved.

 

Commissioner Ladd stated a friend of his has a child in the school and they are very pleased with it.

 

Chairman Duren closed this public hearing.

 

Commissioner Sarno made a motion, seconded by Commissioner Lefakis, to approve PH#2646.02 – Modification to approved plans to allow three temporary portable classroom buildings at an existing Public Safety Magnet School located at 227 Brainard Road in a Residential 33 District, Map 62, Lot 106, TO Design, LLC, Applicant’ James S. Bianco, Owner, subject to conformance with the record documents and the following conditions:

 

Conditions to be met prior to signing of plans:

 

1.       Each sheet of the plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.

 

2.       The file number “PH 2646.02” shall be displayed prominently on each of the final plan sheets either in the title block of in the area around it.

 

3.       The plans shall show where an equal area of existing pavement will be removed to compensate for the sake of zero increase in peak runoff from the site.

 

4.       The Standard Town Notes b, c, and h should be added to the plans.

 

5.       The stepped access and doorway swing to the smallest proposed portable classroom should be turned around to face the paved walkway.

 

6.       The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.  A copy of this motion shall be placed on the final plans submitted for signing.

 

Conditions to be met prior to the issuance of permits:

 

7.       Final Fire Marshal approval shall be obtained.

 

8.       This approval will become effective upon the filing of a Modified Special Use Zoning Certificate signed by the Commission Secretary on the Land Records by the owner of the property.  Proof of such filing shall be in the file prior to the issuance of any permits.

 

General Conditions:

 

9.       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.

 

10.     This project shall be constructed and maintained in accordance with the hearing record.  Minor modifications to the approved project may be allowed in accordance with the regulations, subject to staff review and approval. 

 

11.     Any necessary permits for the construction or operation of the use as approved must be obtained within a year of the effective date of this approval or this approval shall be rendered null and void, unless an extension is granted by the Commission. 

 

12.     The project shall be completed by June 3, 2015 or this approval shall be considered null and void, unless an extension is granted by the Enfield Planning and Zoning Commission.

 

13.     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. 

 

14.     When the use by the Capitol Region is discontinued, the portable classrooms are to be removed.

 

15.     Upon removal of the portable classrooms, the tennis courts shall be restored to a useable condition.

 

The motion was approved by a 7 – 0 – 0 vote with Alternates Drinan and Gregory voting. 

 

NEW BUSINESS

 

a.                 SPR#1499 – Change of Use for a Place of Worship at an existing commercial space located at 1593 King Street (Astro’s Plaza) in a Business General (BG) District, Map 17, Lot 42; United Seventh Day Baptist Church, Applicant; Nicolas, Panagio and Constantinos Karapanos, Owners.  (Deadline for Decision – July 8)

 

Huethen Livingston, 99 Windsor Street, appeared before the Commission regarding this application.  He stated they are looking to lease 1593 King Street for a worship center.  Currently they are just moving from one member’s house to another member’s house to hold worship services on Saturday.  Right now, they were leasing from someone but they have to use their facility for a summer camp so they have to move from there.

 

Mr. Livingston stated they have a lease contract with the owner of Astro’s Plaza that brings them to the Commission this evening.

 

Chairman Duren stated he thinks the lease is sufficient for stating that Mr. Livingston has permission to talk.  The Commission will accept that.

 

Chairman Duren stated Friday May 28, Fire Marshal Ed Shirley sent a letter which states the change of use could cause a problem with the fire and building codes.  He recommended they come to him with a layout to determine code compliance prior to this meeting.  Chairman Duren doesn’t know what happened upstairs but they should have sent this to the Fire Marshal.  Apparently, he hasn’t seen the plans or knows about it.  Mr. Livingston stated he met with the Deputy Fire Marshal and he told him about their plans.  He said to bring him a layout of the plan.  He further advised him to bring the plan to the Commission this evening.  When he came to the Commission, he was told he had to take the plan to the Fire Marshal.  Ms. Higley stated the Planning Office has some new staff.  Mr. Livingston stated he talked to Thomas Barry.  Mr. Barry told him to bring the plans here this evening.  Mr. Giner told him via email that he needed to see the fire marshal before he came to tonight’s meeting. 

 

Mr. Livingston stated he has the plan with him tonight.  The Fire Marshal said he wanted to see the seating capacity. 

 

Ms. Higley suggested a condition of approval that no permit be issued until the Fire Marshal approval has been sent to the Planning Office.

 

Chairman Duren asked if they will be using the lunch room.  Mr. Livingston stated yes.  He has not been to the Health Department.  Ms. Higley suggested when he gets to the Building Department to do his plans that the Health Department be notified.  She will also email the Health Department tomorrow morning to be on the lookout for these plans. 

 

Chairman Duren asked if there are ART’s with SPR’s.  Ms. Higley stated sometimes but this application didn’t seem to raise any eyebrows.  She suggested that the conditions include that the Fire Marshal approval be received before any permits are signed off on.  Ms. Higley will email Deb Caronna tomorrow to contact her about any concerns she might have on behalf of the Health Department.   Mr. Livingston would not be able to use the lunch room until Deb Caronna from the Health Department contacted him.

 

Chairman Duren asked if Ms. Higley has to issue a c.o.  The Fire Marshal has to approve it also before he begins the use.  Ms. Higley stated she would but she wouldn’t even sign off on a building permit until she got something.

 

Ms. Higley noted two conditions are being added.  One is that Fire Marshal approval be received before permits are issued and, secondly, that the Health Department and the applicant go over what is necessary in the lunch room if anything. 

 

Commissioner Drinan stated they indicated they will be using this for Saturday Sabbath.  He asked if they will be using it the other six days of the week.  Mr. Livingston stated they do have bible studies on Wednesday and they gather on Friday evenings.  Saturday is their main service.  They use the facility on Saturdays and Sundays and Wednesdays and sometimes on Friday.  Chairman Duren stated maybe they’ll have a wedding.

 

Mr. Livingston stated what they plan right now is for children to have music lessons on Saturday. 

 

Commissioner Ballard stated the Commission is not going to limit the church to certain days even though Mr. Livingston thinks right now he will only be using the church on certain days.  That might change. 

 

Chairman Duren asked if Mr. Livingston has read the conditions.  Mr. Livingston stated he has and he has no problems with them. 

 

Commissioner Ladd asked if they are aware of the liquor store.  Chairman Duren stated he knows it is there. 

 

Commissioner Sarno 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 with Alternates Drinan and Gregory voting.

 

Commissioner Sarno made a motion, seconded by Commissioner Ladd, to approve SPR#1499 – Change of Use for a Place of Worship at an existing commercial space located at 1593 King Street (Astro’s Plaza) in a Business General (BG) District, Map 17, Lot 42, United Seventh Day Baptist Church, Applicant; Nicolas, Panagio and Constantinos Karapanos, owners, subject to conformance with the submitted plans and the following conditions:

 

General Conditions:

 

1.       The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.

 

2.       This approval is for the specific use and structure identified in the application.  Any change in the nature of the use or the structure will require new approvals from the Enfield Planning and Zoning Commission.

 

3.       Any exterior changes, including signage, must be submitted for further review by staff or the Commission as the case may be.

 

4.       This project shall be constructed and maintained in accordance with the referenced plans.  Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.

 

5.       The change of use as approved must be completed by June 3, 2015 or this approval shall be rendered null and void, unless an extension is granted by the Commission.

 

6.       By acceptance of this approval and conditions, the applicant and owner acknowledge that there is a restaurant beer and wine license that is operating in the same plaza in which they are proposing to located land that they do not foresee any conflicts with this operation.

 

7.       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. 

 

8.       Fire Marshal approval shall be received before permits are issued.

 

9.       The applicant should meet with the Health Department.

 

The motion was approved by a 7 – 0 – 0 vote with Alternates Drinan and Gregory voting. 

 

OTHER BUSINESS

 

a.                 Report from Policy Review Committee

 

Commissioner Ballard reported the changes have been submitted to Inland Wetlands. 

 

b.                 Report from Signage Policy Review Committee

c.                  Discussion of Tag Sale Regulations

d.                 Zoning Enforcement Procedures

 

Chairman Duren invited Ms. Higley to be present during the next discussion of Zoning Enforcement Procedures.  Chairman Duren stated Ms. Higley was working to get the attorney’s notice that the Commission has and she didn’t find one today.  She will dig one up.  Chairman Duren offered his copy to Ms. Higley. 

 

Chairman Duren stated there are numerous violations about town.   

 

APPLICATIONS TO BE RECEIVED:

 

The following application was received by the Commission:

 

Site Plans:

 

SPR#1502 – Request for vegetation removal, filling, regarding, pavement addition and loading dock construction on existing developed industrial site (IP) District, Map 55, Lot 7; A. W. Hastings & Co., Applicant; Three Z Limited Partnership, Owner.  (Suggested June 17, 2010)

 

Ms. Higley stated in SPR 2659.02 she found the copy of the recorded special use permit.  The last paragraph states “in accordance with Section 8-3C and Section 8-3D of the Connecticut General Statutes as amended, the effective date of this approval shall be the date of the recording of this certificate on the land records of the Enfield Town Clerk.”  Ms. Higley noted it was recorded May 14, 2009.  Item 7 under the general conditions states:  The commencement of this use as approved must occur within a year of the effective date of this approval or this approval shall be rendered null and void unless an extension is granted by the Commission.  Ms. Higley stated Ira Nagel was walked down and this was recorded in the Town Clerk’s Office and he was given a copy.  When the Commission approves something, it doesn’t become effective until it’s filed.  Chairman Duren stated if someone doesn’t file it, he can do whatever.  He questioned how the Commission can avoid that.  Ms. Higley stated perhaps a schedule could be set up where they have to be filed by a certain date.  Chairman Duren requested that Ms. Higley ask the Town Attorney if there is a way the Commission can tighten that up.  Chairman Duren stated it would be nice if someone called Mr. Nagel and told him about this.  Ms. Higley stated he will be in the office tomorrow morning.   

 

ADJOURNMENT

 

Commissioner Sarno made a motion, seconded by Commissioner Ladd, to adjourn.  Following a unanimous vote, the Commission adjourned at 9:05 p.m. 

Respectfully submitted,

 

 

                                                _______________________

                                                Peter Falk, Secretary

                                                Enfield Planning and Zoning Commission

jmr