The Town of Enfield, Connecticut - PZC 06/17/10 Minutes

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BEEN FORMALLY APPROVED BY THE ENFIELD PLANNING AND

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CAN BE OBTAINED FROM THE TOWN CLERK OR PLANNING OFFICE.

ENFIELD PLANNING AND ZONING COMMISSION

MINUTES OF A REGULAR MEETING

JUNE 17, 2010

A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, June 17, 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

Kathleen Sarno (arrived at 7:15 p.m.)

Michael Dumont, Voting Alternate

Ronald Gregory, Voting Alternate

ALSO PRESENT: José Giner, AICP, Director of Planning

FIRE EVACUATION ANNOUNCEMENT

Chairman Duren gave the fire evacuation announcement.

MINUTES

Commissioner Ballard made a motion, seconded by Commissioner Gregory, to approve the Minutes of June 3, 2010. The Minutes were approved by a 4 – 0 – 1 vote. Commissioner Dumont abstained.

STAFF COMMENTS

a. Director of Planning

Mr. Giner apologized for his absence at the last meeting but he saw that Ms. Higley filled in quite well.

Mr. Giner reminded the Commission that on Tuesday, June 29, 2010 there will be a special meeting of the Commission here in the Town Council Chambers for a Plan of Conservation and Development public hearing. That will be run as a special meeting of the Commission with the Town Council invited. The Council will have an opportunity to comment and make recommendations on the Plan of Conservation and Development.

Mr. Giner stated with Secretary Falk not being around until June 25, 2010, there are a couple of projects that are coming in that need a plan signature and special permit signature. Mr. Giner did look up the bylaws and the Second Vice Chairman can sign the plans. Mr. Giner will get together with Commissioner Sarno at some point and have her sign some of these things so that the projects can proceed to the building permit stage.

Commissioner Ladd brought up the island at the end of Phoenix and Route 190 and he asked who is in charge of maintaining that island. Commissioner Gregory stated it is the triangle coming from the hotels and Bickfords, you go straight across and there is the turn off of Hazard. In the middle there is a V there. Mr. Giner will find out who is responsible for maintaining this triangle off of Phoenix Avenue. Chairman Duren stated many companies have adopt-a-spots and that may be the case with this island. Mr. Giner will look into this. If there is an adopt-a-spot number there, he will call the company and let them know about it. Commissioner Ladd stated he received a complaint about it.

Chairman Duren stated in the meeting packet there is a letter to the Aquifer Protection Agency concerning the TRC application submitted to the DOT for a general permit for contaminated soils. Chairman Duren asked if this Commission is also the Aquifer Protection Agency, do they get notified after the fact. He questioned the procedure on this. Commissioner Gregory stated it is an existing situation already but when they start working on Post Office Road, they want to be able to use that same area. Mr. Giner stated they are using it for a temporary stockpile and he believes they went to the DEP for a permit. Mr. Giner did send an email to the DEP to ask for some guidance. When he hears back, he will inform the Commission. Chairman Duren stated this letter should go in the Aquifer Protection file and be taken up at the next meeting. Chairman Duren asked if they are going to take care of it, why do they need the Commission. Mr. Giner stated it is a state project and it has to go to DEP. He will find out the procedure. Chairman Duren asked that it be on the next Aquifer Protection meeting agenda.

CORRESPONDENCE

Chairman Duren noted Correspondence includes the Notice of Action dated June 1, 2010 for the Enfield Inland Wetlands and Watercourses Agency, and a letter from Piya Hawkes, Director of Public Works, regarding notification of application for the general permit for contaminated soil and/or sediment management. There is also the Zoning Subdivision material from the Capitol Region Council of Governments.

BOND RELEASES

Chairman Duren asked if the Finance Department wants to pursue clearing their books. Mr. Giner stated Finance has been very busy implementing their new software. At one point, they wanted to clear out the old bonds from their books.

CONTINUED PUBLIC HEARINGS – From June 3, 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.

Chairman Duren read a letter addressed to Mr. Giner from Attorney Thomas Fahey requesting a continuance of this public hearing until July 8, 2010.

Chairman Duren noticed the agenda doesn’t include the mandatory action dates that the Commission requested.

Chairman Duren opened this hearing to the audience. No one spoke in favor or against this application.

Commissioner Ladd made a motion, seconded by Commissioner Ballard, to continue PH#2693 until July 8, 2010. The motion was approved by a 6 – 0 – 0 vote with Alternates Dumont and Gregory voting.

b. 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.

Attorney Carl Landolina and Ira Nagle appeared before the Commission regarding this application.

Attorney Landolina stated he was not present at the last meeting. He was just retained a few days ago and had an opportunity to review some parts of the file. Attorney Landolina’s understanding was the last time Mr. Nagle was here there was some confusion or frustration with the broad nature and unspecific terms of the uses that he was entertaining. Based upon those discussions, they came up with a list of uses with specific dates and times that they would like to see. Attorney Landolina presented the list to the Commission.

Attorney Landolina stated a few years ago Mr. Nagle obtained title to the property. It was in great disrepair. At the time he was entertaining the notion of preparing the building and getting some tenants in there. The economy being what it was, that no longer was a possibility for him. He retained ownership of the building and decided to try to do something with it that he and his partners could manage. Attorney Landolina noted indoor recreation is permitted in a business local zone by special permit and Mr. Nagle has those permits. The original site plan layout called for the skating center to be in the middle of the three store fronts that Mr. Nagle was going to be using for his own businesses with a laser tag on one side and an arcade amusement center on the other side. Following that approval and in discussions with the Building Official and the Fire Marshal, it was determined that the laser tag center required special fire protection and a sprinkler system and had other fire related issues. It would be more practical to flip the laser tag use with the arcade center and that was done. When Mr. Nagle flipped the arcade center to the larger space, the number of machines that would be placed in there would leave a big hole. He asked the Planner at the time whether a miniature golf would be appropriate and the answer was yes and they put a miniature golf use in.

Attorney Landolina stated Mr. Nagle has building permits for all of the store fronts. Two of the store fronts are completely built out in terms of the building code and he has certificates of occupancy for those. The laser tag center he hopes to obtain the c.o. in due course.

Attorney Landolina stated there appears to be some type of recognition from Mr. Giner’s office as to the appropriateness of flipping the store fronts for the laser tag and arcade and adding miniature golf. However, this Commission never signed off on that.

Chairman Duren stated Mr. Giner had mentioned that to the Commission. Mr. Giner stated the Commission had many conversations about the types of uses that could go in there. What Mr. Giner tried to communicate is those uses are fine within the definition but they need to have the Commission sign off on them.

Attorney Landolina stated in addition what the Commission has before them tonight is a letter for the roller rink. If he was to throw a blanket around those uses, he would say they are theater type uses. Attorney Landolina did some rough calculations and there is sufficient parking for these uses. He noted there is so much parking that parking is not an issue. Chairman Duren stated he presented seating to the Fire Marshal for an occupancy not to exceed 299. Attorney Landolina stated that was what he indicated to him and if you look at the regulations, the uses require one parking space for every four seats. With an occupancy of 300, that is 75 spaces. Attorney Landolina counted just around 200 parking spaces on the site plan.

Attorney Landolina stated Mr. Nagle is ready to open the stores and the uses presented in a letter are the uses Mr. Nagle would like added as accessory uses.

Chairman Duren asked if they will still be continuing the skating. Attorney Landolina stated yes, the other times would be strictly skating. There was a limitation on the hours of operation and the other hours they would be open would be strictly for skating.

Commissioner Ladd asked if the business with the expiration of the approvals has been resolved with the Zoning Enforcement Officer. Attorney Landolina stated he understands what the regulations say but he doesn’t think the regulation that requires that special permits expire within one year of the effective date is enforceable. That is his legal opinion and it is backed up by case law. However, if the Commission thinks they need to be given additional time, they can do so. Attorney Landolina noted Mr. Nagle has c.o.’s on two of the buildings. He doesn’t know how the Commission would measure this. Attorney Landolina stated if the Commission thinks they need them and wants to give the extensions to them, they can do so.

Chairman Duren asked if Mr. Giner talked with Ms. Higley. Mr. Giner stated he did not have that conversation. As a matter of course, even though it says it is a modification, the Commission can treat this as a brand new application. There is nothing distinguishing this from a brand new application other than the fact that it is called a modification. The suggested conditions said that within a year of this approval, he has to start the uses. He questioned whether or not the c.o. was evidence of starting the uses and noted that is another legal matter.

Chairman Duren asked if the Commission can take his verbal request as an application. Attorney Landolina stated if the Commission grants this modification to the permit, the one year period will start from the effective date and they would have another year. Mr. Giner stated it could be a new application because the charge is the same and we require the same amount of legal notice. For bookkeeping purposes, they have added an .02 to it in order to keep the files together.

Commissioner Ladd stated his biggest concern was resolving this because there was a complaint from the public about it.

Mr. Giner stated the application would stand on its merits and the Commission would have to make the same findings that they would for any other special use permit.

Chairman Duren stated this is exactly what the Commission requested and the uses fit in well with the roller skating rink.

Chairman Duren brought up the metal poles on the site. Mr. Nagle stated there was a sign up. Technically, it is on the town’s property. Chairman Duren asked if Mr. Nagle would consider taking them down. Mr. Nagle stated he would do so.

Chairman Duren opened this application to the public. No one spoke in favor or against this application.

Chairman Duren asked if proposed condition number six can include Attorney Landolina’s proposals one through four.

Chairman Duren asked if Mr. Nagle has read the conditions. He stated he has.

Mr. Giner suggested including under condition number six, a. b. c. and d. and include Attorney Landolina’s suggestions.

Mr. Giner stated the conditions proposed are all carried over from the original approval.

Mr. Giner and Chairman Duren discussed the wording for condition number six.

Mr. Giner would like to see the hours of operation for the three uses outlined in condition number six. The hours of operation that were agreed to were roller skating Monday through Thursday, 7:00 a.m. to 10:00 p.m., Friday 7:00 a.m. to 12:00 a.m., Saturday 8:00 a.m. to 12:00 a.m. and Sunday 11:00 a.m. to 8:00 p.m. The arcade hours would be Monday through Thursday 7:00 a.m. to 10:00 p.m., Friday 7:00 a.m. to 12:00 a.m., Saturday, 8:00 a.m. to 12:00 a.m. and Sunday 11:00 a.m. to 8:00 p.m. The laser tag hours would be Monday through Thursday 7:00 a.m. to 10:00 p.m., Friday 7:00 a.m. to 12:00 a.m., Saturday 8:00 a.m. to 12:00 a.m. and Sunday 11:00 a.m. to 8:00 p.m.

Accessory uses are allowed as follows: include recommendations from Attorney Landolina. Those recommendations are: 1. The showing of G and PG movies Monday through Friday, year round, between the hours of 7:00 a.m. to 2:00 p.m.; 2. The showing of G and PG movies Monday through Friday at any time from May 15 through September 15; 3. Live Entertainment limited to comedy shows, talent shows, dance classes and live music on Wednesday, Thursday, Friday and Saturday evenings from 6:00 p.m. to closing; 4. G and PG movies on Wednesday, Thursday, Friday and Saturday evenings from 6:00p.m. to closing.

The last statement should be that no skating will be permitted while the accessory uses are ongoing.

Mr. Giner stated he wants to make sure the hours of operation that were approved for the original application carry over to this application if we are doing this as a new application.

Mr. Giner stated the Commission has his memo of May 28, 2010 with the suggested conditions. He stated the proposal is to approve the conditions in his memo with the hours of operation for the three uses that were part of the original approval included in condition number six. Mr. Giner reviewed the content of condition number six.

Mr. Nagle stated he is so pleased that he is having the sign poles taken down right now.

Chairman Duren closed PH#2659.03.

Commissioner Dumont made a motion, seconded by Commissioner Gregory, to waive the site plan requirements of Section 9.10.2 because the information is not necessary in order to decide on the application’s conformance with these regulations. The motion was approved by a 6 – 0 – 0 vote with Alternates Dumont and Gregory voting.

Commissioner Dumont made a motion, seconded by Commissioner Ballard, to approve 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. This approval is subject to conformance with the submitted record and the following conditions:

Conditions to be met prior to the issuance of permits:

1. 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.

2. Final Fire Marshal review of occupancy shall be required.

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

General Conditions:

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

5. The commencement of the 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.

6. The hours of operation for the facilities shall be:

Roller Skating:
Monday- Thursday               7:00 am – 10:00 pm
Friday                                  7:00 a.m. – 12:00 a.m.
Saturday                              8:00 a.m. – 12:00 a.m.
Sunday                                11:00 a.m. – 8:00 p.m.

Arcade:

Monday- Thursday               7:00 a.m. – 10:00 p.m.
Friday                                  7:00 a.m. – 12:00 a.m.
Saturday                              8:00 a.m. – 12:00 a.m.
Sunday                                11:00 a.m. – 8:00 p.m.

Laser Tag:
Monday- Thursday               7:00 a.m. – 10:00 p.m.
Friday                                  7:00 a.m. - 12:00 a.m.
Saturday                              8:00 a.m. - 12:00 a.m.
Sunday                                11:00 a.m. – 8:00 p.m.

There will be accessory uses based on a letter from Attorney Landolina and it shows that these uses are intended for the skating facility as accessory uses. The uses are:

1. The showing of G and PG movies Monday through Friday, year round, between the hours of 7:00 a.m. to 2:00 p.m.

2. The showing of G and PG movies Monday through Friday at any time from May 15 through September 15.

3. Live Entertainment limited to Comedy Shows, Talent Shows, Dance Classes and Live Music on Wednesday, Thursday, Friday and Saturday evenings from 6:00 p.m. to closing.

4. G and PG Movies on Wednesday, Thursday, Friday and Saturday evenings from 6:00 p.m. to closing.

No skating will be permitted while the accessory uses are ongoing.

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

8. No sign package has been specifically approved with this application. Permits for signage that conforms to the Enfield Zoning Regulations must be obtained separately from the Planning Office.

9. 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.

10. There shall be a minimum of three employees supervising the video arcade at all times.

11. Any food service shall comply with the requirements of the North Central Health District.

12. Any leases for the facilities approved herein shall contain a notice of the special conditions imposed by this approval.

Commissioner Duren felt this will help out the applicant and it makes use of a building that needed to be restored. Also, the kids need a place to go to.

The motion was approved by a 6 – 0 – 0 vote with Alternates Dumont and Gregory voting.

NEW BUSINESS

a. SPR#1502 – Request for vegetation removal, filling, regrading, 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.

Chairman Duren asked about the owner’s permission for the applicant. Mr. Giner included it as Exhibit 10. It is in the file. Mr. Giner read the letter dated June 15, 2010 verifying that the applicant has the owner’s permission to make this application. The letter gave A. W. Hastings & Co. the authority to apply for permits from the town for the Niblick Road property.

Mr. Giner stated the Commission has a copy of the Wetlands Permit #IW537 which was issued by the Wetlands Agency this past Tuesday.

Raymond Nelson, a professional engineer with Messier and Associates Inc. and Dennis Dudley from A. W. Hastings & Co. appeared before the Commission regarding this application.

Mr. Nelson stated this application is for a modification to an existing developed site located at the corner of Niblick Road and Phoenix Avenue. This is for a proposed reuse of the existing building by A. W. Hastings who has other facilities in town. They are proposing to add some paved areas and some loading docks to accommodate their proposed reuse of the building. The building itself will remain the same. Existing pavement and parking areas will remain the same. The existing on-site drainage system will remain the same. The paving and the loading docks are the only work that will be done.

Mr. Nelson presented a map showing the site. The yellow is the existing building on the property. The purple outline is the existing paved area which includes driveways and parking on the property. The shaded gray areas are the areas where pavement is proposed to be added. They had to go before the Inland Wetlands Agency because part of the work is going to be within designated wetlands. The Wetlands Agency approved this permit at their meeting last Tuesday.

Mr. Nelson stated the proposed paved area will be graded as such that it will drain into a shallow infiltration collection swale which will be constructed along the eastern property line. That will allow the fairly small amount of discharge from the new paved areas to go into the ground and infiltrate into the ground water system and receive some minimum biological treatment.

Mr. Nelson stated they are going to be putting a light pole and some conduits out to the new area. The Fire Marshal has raised the issue about the existing conveyor out there. Either it will be removed and replaced in kind or upgraded. The Fire Marshal has made it known that this thing has to be made code compliant and it will be.

Mr. Nelson stated it is an existing established use as part of the Enfield Memorial Industrial Park. The properties all around are commercial. Cox Cable is next door.

Chairman Duren stated it is wonderful this company is able to expand to having three buildings.

Mr. Dudley stated they have two buildings in Enfield – one on Pearson Way and the other at 270 George Washington. They are presently leasing a distribution center in Windsor by the airport and they decided it was time to buy their own building and stay in Enfield. They love this location because it is only a mile away from I-91.

Chairman Duren stated the Commission has a memo from John Cabibbo dated June 9, 2010 stating everything is okay with him. There is a memo from Ed Shirley and he has found it acceptable that the ramp will be removed if it doesn’t meet the code requirements.

Mr. Dudley stated he went to the fire department and spoke to a gentleman who brought up about the ramp and a code issue. Mr. Dudley went and took the serial numbers off and it was made in Michigan. He called Michigan and they sent him a report on it. It carries 16,000 pounds. He went down to see Jim Taylor, the Building Official, and asked him if there was a code issue on this and he said no. Mr. Dudley further told him that they have a small van and they have a service technician that comes in and does repair on windows that they sell. Mr. Dudley told him he talked to a gentleman at the fire department and he asked if it was a problem driving a van in. Since the building is protected by sprinklers, Mr. Taylor said it wasn’t a problem and he also said there wasn’t any code issue on ramps. Mr. Dudley did give him a manual on the ramp.

Mr. Giner stated it is noted on the plans that the ramp will be taken care of one way or the other.

Commissioner Sarno made a motion, seconded by Commissioner Ballard, to approve SPR #1502 – Request for vegetation removal, filling, re-grading, pavement addition and loading dock construction on existing developed industrial site (IP) District, Map55, Lot 7; A. W. Hastings & Co., applicant; Three Z Limited Partnership, owner. subject to conformance with the referenced plans as may be required to be modified by this approval and the following conditions:

Referenced Plans:

“Improvement Location Plan Prepared for A.W. Hastings & Company on Property Owned by Three Z Limited partnership, 1 Niblick Road, Enfield, Connecticut” Sheet 1 of 1, Scale: 1”= 40’; prepared by Messier & Associates, Inc. dated 5/10 and revised to June 7, 2010..

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 conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the Conditions of Approval shall be incorporated on the plans submitted for signing.

Conditions to be met prior to the issuance of permits:

3. Three sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.

4. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.

5. An Erosion and Sediment Control and Site Restoration Bond shall be submitted in the form of cash or a check, in an amount to be determined by the Town Engineer.

6. If needed, a landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.

Conditions which must be met prior to the Issuance of a Certificate of Compliance :

7. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. The as-built plan shall also contain a certification by a Professional Engineer that they have inspected the site improvements and that they have been installed in accordance with the approved plans. Any deviations or omissions must be noted.

8. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format consistent with the Town’s Guidelines for Digital submissions.

9. No Certificate of Occupancy or other final approval may be issued until the Zoning Enforcement Officer has signed off on the final work. When minor site work cannot be completed because of weather or other pertinent reason, a conditional approval may be issued for a period not to exceed 180 days, providing satisfactory surety shall be posted with the Town of Enfield in an amount sufficient to complete the site work and with surety acceptable to the Town Attorney and Finance Department.

10. A request for final project review from the Planning Department must be made at least 10 days before a Certificate of Occupancy or other final approval is requested from the Building Official.

General Conditions:

11. 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.

12. 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.

13. All work associated with the construction of facilities as approved must be completed by June 17, 2015 or this approval shall be rendered null and void, unless an extension is granted by the Commission.

14. 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 stated this is an additional building for an established company in the Town of Enfield.

The motion was approved by a 6 – 0 – 0 vote with Alternates Dumont and Gregory voting.

b. Request by Officer George Marusak of the Enfield Police Department for approval of a temporary charitable event, “Cop on Top”, to be held June 26 and 27 at the Enfield Square.

Mr. Giner stated Mr. Mamrusak had a graduation to attend and he will summarize the application. The letter sent to the Commission explains it all. It is a two-day event to raise money for charity. They propose to block off the drive between Ruby Tuesday’s and Target. You can still get through that first parking lot. They will have a band. The Fire Marshal has reviewed it and stated he had no problems with it.

Chairman Duren stated the Commission has a letter from Paul Censki stating that he reviewed it and approved the layout. It will have a minimal impact on the fire lane.

Chairman Duren stated the Commission has correspondence from Enfield Square giving the applicant permission to do so and they go further and explain what is going to go on. It sounds very interesting. They are going to climb on top of the Enfield Square to reach a fundraising goal of $5,000 and the location will be on the north side of the shopping center between Ruby Tuesday’s and Target. They are going to have radio celebrity appearances, sponsorship tables, music and activities throughout the two-day period. Chairman Duren noted the band will be playing from 2:00 to 4:00 p.m. and there will be collection of old televisions and computers and cell phones with a fee charged to drop off any of these items. The recycling company will then donate a portion of what they collect to the Special Olympics. The truck will be parked in the public area and will not interfere with anything taking place.

Commissioner Sarno made a motion, seconded by Commissioner Ballard, to approve the request by Officer George Marusak of the Enfield Police Department for approval of a temporary charitable event, “Cop on Top”, to be held June 26 and 27 at the Enfield Square, as outlined in a memo to the Commission dated “received” by the Planning Office on June 4, 2010. The motion was approved by a 6 – 0 – 0 vote with Alternates Dumont and Gregory voting.

Mr. Giner stated in the past when they have had these types of events, they have come in to get the first one approved. In subsequent years, they have just sent a note to Mr. Giner and the Commission has allowed him to handle it administratively. Mr. Giner will check with the fire marshal in the future and if he signs off on it and nothing changes, we’ve allowed them not to have to come back before the Commission every year.

c. Section 8-24 Referral from the Town Council regarding an amendment to the lease of Town land to the Tanguay Magill Post 80 American Legion located adjacent to 566 Enfield Street.

Chairman Duren recused himself from this application as he is a member of the American Legion.

Mr. Giner stated the Commission has a packet with a memo from the Town Manager. This is an area that has historically been leased by the American Legion for recreational activities. At this point, they want to come in and construct a picnic area pavilion and do some improvements. This necessitates an amendment to their lease which then has to come back to the Planning and Zoning Commission. This is an 8-24 action. Mr. Giner stated his memo recommends a motion without prejudice because they are probably going to have to come back for site plan approval. At this point, the Commission is making a recommendation to the Town Council to proceed with the lease amendment. This will allow the American Legion to come in and apply for the improvements.

Commissioner Ballard asked if this is the land that is in back but to the left. Mr. Giner stated it is a recreational area in the back which actually belongs to the town. The area in the back is called the dingle.

Commissioner Sarno made a motion, seconded by Commissioner Dumont, to recommend approval, pursuant to CT. General Statutes Section 8-24 of the proposed amendment to the lease of Town land to the Tanguay Magill Post 80 American Legion located adjacent to 566 Enfield Street as presented in the packet of information transmitted by the Town Manager. This recommendation is without prejudice to any subsequent application that may be needed to construct facilities at the site. The motion was approved by a 5 – 0 – 0 vote with Alternates Dumont and Gregory voting and Chairman Duren not participating.

d. Request by Jessica R. D’Amours for a two-day tag sale on July 10 and 11 to benefit a day care center in the parking lot of 841 Enfield Street in a Business Local District.

Jessica D’Amours, 14 Liberty Avenue, Agawam, Massachusetts and Michael D’Amours appeared before the Commission regarding this application.

Ms. D’Amours stated she is proposing to have a tag sale to raise money for the enrichment center. They took over the day care center in December and it is an established day care center.

Chairman Duren stated there was nothing in the packet from the owner of the property but Mr. Giner has it. Chairman Duren added it was on the desk tonight. Chairman Duren stated there is a note from Paul Censki with no objections to the event.

Commissioner Sarno asked if the day care center is open. Ms. D’Amours stated they will open for business on September 1. Right now they are renovating the property. The proceeds from the tag sale are going to the center.

Commissioner Sarno made a motion, seconded by Commissioner Dumont, to approve the request by Jessica R. D’Amours for a two-day tag sale on July 10 and 11 to benefit a day care center in the parking lot of 841 Enfield Street in a Business Local District as presented in the application. The motion was approved by a 6 – 0 – 0 vote with Alternates Dumont and Gregory voting.

OTHER BUSINESS

a. Report from Policy Review Committee

b. Report from Signage Policy Review Committee

c. Discussion of Tag Sale regulations

d. Zoning Enforcement Procedures

APPLICATIONS TO BE RECEIVED

Mr. Giner recommended scheduling as many applications for July 8, 2010 because the Commission doesn’t meet in August and if there are any issues to carry over, there will still be the July 22 meeting.

The following applications were received by the Commission:

Public Hearings:

PH#2695 – Special Use Permit to allow limited motor vehicle sales at 38 Post Office Road in an Industrial 2 (I-2) District, Map 47, Lot 51, Interstate Motors, LLC Applicant; Post Office Road, LLC, Owner. (technically received at 6/03/10 meeting although inadvertently omitted from the list).