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DRAFT:  The Minutes presented here are draft only and have not been voted on by the Commission.  Official copies of the Minutes are available at the Office of the Town Clerk after the Commission has voted on them.

ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
APRIL 22, 2004

A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, April 22, 2004, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.  Chairman DiPace called the meeting to order at 7:30 p.m.

PRESENT:         Anthony DiPace, Chairman
                      Charles Duren
                      Robert Egan
                      James Hickey, Jr.
                      Karen Krebs
                      Karen Weseliza (arrived at 7:40 p.m.)
                      Nicles Lefakis, Voting Alternate
                      Samuel McGill, Alternate
                      Kathleen Sarno, Alternate

ALSO PRESENT:   Jose Giner, Director of Planning

Chairman DiPace informed the audience that the 8-24 agenda item for Grandview Drive will be tabled to the next meeting because the Town Engineer is still reviewing the plans.

MINUTES

Commissioner Krebs made a motion, seconded by Commissioner Lefakis, to approve the Minutes of April 1, 2004.

Mr. Giner asked about the King Street properties and the direction given by the Commission.  Chairman DiPace stated the Commission requested a regulation change.

Commissioner Duren made a correction on page two, paragraph two.  "Commissioner Duren" should be changed to "Commissioner Egan."

Commissioner Duren stated on page 16 "Elms Street" should be corrected to "Elm Street."

Commissioner Egan recalled that Reginald Leonard came up to speak to the Commission and mentioned that he wanted to address some information that was discussed in Commissioners' Correspondence.  Mr. Leonard was told that the item was on the agenda and that he could not speak.  

Commissioner Egan referred to page 17, paragraph 11, and stated the Minutes should reflect that Reginald Leonard and Karen Camidge wanted to address the Commission and were told they could not.  Chairman DiPace stated that was not part of the meeting and was an outburst by the public when they were not supposed to speak.  Commissioner Egan countered that the speakers raised their hands and wanted to address the Commission.  They were denied the right to address this Commission and Commissioner Egan felt the Minutes should reflect this action.  

Mr. Giner brought up the King Street properties and asked about the direction previously given by the Commission.  Chairman DiPace stated it was the Commission's intent that Mr. Giner work on some regulatory changes.

Chairman DiPace stated on page 5, the statement "this hearing is closed" regarding PH#2430 should be added following the last sentence.

Commissioner Krebs noted on page 2, "King Road" should be corrected to "King Street."

The Minutes, as amended, were approved by a 7 - 0 - 0 vote.
 
CORRESPONDENCE

Chairman DiPace noted Correspondence includes the following items:

A memo dated March 29, 2004 from Daniel Vindigni, Assistant Town Manager, regarding Neighborhood Assistance Act - 2004 Applications.

A memo from Wayne Bickley, Zoning Enforcement Officer, dated April 7, 2004 regarding Artioli Dodge Zoning Complaints.

A memo from Bill Lee, Chairman of the Enfield Revitalization Strategy Committee dated April 13, 2004 regarding the fee for Mr. Jan Fijolek's re-application for exterior improvements to the former Polish Home.  Mr. Giner noted the ordinance the Town Council passed allows a waiver of fees only under very limited circumstances.  In response to a question from Commissioner Lefakis, Mr. Giner stated he met with Mr.  Fijolek and his son a week after the Commission's last meeting and reviewed everything.  Mr. Fijolek understood the direction from the Commission and was referred back to the Enfield Revitalization Strategy Committee.  If additional guidance is needed, Mr. Giner will hold another ART meeting with Mr. Fijolek.  Commissioner Lefakis saw it as a positive that someone is taking an interest in this structure and keeping it active.  He felt the Commission should keep this in mind as they continue to look at improvements on this site.

Notices of Action from the Enfield Zoning Board of Appeals and the Enfield Inland Wetlands Commission were also received.

Chairman DiPace noted receipt of information from the American Planning Association. Commissioner Duren asked about the CRCOG schedule for upcoming workshops.  Mr. Giner will check with CRCOG to determine if they plan to schedule any training this year.

Chairman DiPace stated due to the April meeting schedule, he was able to attend the CRCOG meeting in West Hartford last Thursday.  They had three items for referral from the Town of Enfield and all were approved. In addition, an update was given on Adrien's Landing.
 
COMMISSIONERS' CORRESPONDENCE

Chairman DiPace stated he received a request to allow public participation at the April 15, 1004 meeting to discuss the Grandview Drive referral.  Because that meeting was rescheduled, the Grandview Drive item will be heard on May 6, 2004.  Chairman DiPace stated he has no problem allowing them to speak regarding the back yards.  The back yards are one issue and the 8-24 is strictly the town right of way and the public improvements.  

PUBLIC HEARINGS - Continued from April 1, 2004 Meeting

a.               PH#2428 - Application for resubdivision of a previously approved lot (Lot 1) zoned R-44, west side of Broad Brook Road, south side of Salerno Drive, Map 103,John Tittarelli, Applicant/Owner.  (Extension granted - Must close by April 22).

Len Norton appeared before the Commission representing the applicant, John Tittarelli.  He stated what is before the Commission is a two-lot resubdivision on the Still Meadow Subdivision.   This subdivision was originally approved in the early 1990's and was a 19-lot subdivision.  The public improvements were not completed and the subdivision lapsed.  When they returned a few years ago to get the subdivision re-approved, the Health Department at the time had reservations about Lot #1 with a septic system in this area.  There was an existing house in the area and there was actually a building permit issued for this lot with this house.  However, when it came time for the subdivision approval, the Health Department decided they did not like what was there after the permit had been issued.  

Mr. Norton stated what they did rather than hold up eighteen lots for one lot is they came back and combined lots #1 and #2 with the understanding that they would try to split them back into two lots.  Mr. Norton stated they are now applying to put in the line between lots #1 and #2.  The issue with the septic system on lot #l has been resolved after several visits to the State Health Department over a year's time.  

Mr. Norton stated last week they did get wetlands approval for the lot because it encroached into the 100-foot regulated area for a septic system on lot #1.  There were no wetlands issues on lot #2.

Chairman DiPace noted the two lots before the Commission tonight are identical to the approval the Commission gave in the 1990's.  

Mr. Giner stated this application was tabled pending wetlands approval.  All issues have been resolved.  

Chairman DiPace opened this hearing to the public.  No one spoke in favor or against this application.  Chairman DiPace closed this public hearing.
  
Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH #2428 - Application for resubdivision of a previously approved lot (Lot 1) zoned R-44, west side of Broad Brook Road, south side of Salerno Drive, Map 103, John Tittarelli, Applicant/Owner.  This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans:
"One Lot Resubdivision, Prepared for John G. Tittarelli, Lots 1&2 Salerno Drive  Enfield, Connecticut" Scale: 1"=40' Sheet No. 1 of 2, by Dennis G. Rehmer, dated 9-22-03.
"One Lot Resubdivision, Prepared for John G. Tittarelli, Lots 1&2 Salerno Drive  Enfield, Connecticut" Scale: 1"=40' Sheet No. 2 of 2, by Dennis G. Rehmer and Norton Engineering, dated 9-22-03.
Conditions to be Met Prior to Signing of Mylars and Certificate:
1.      All mylars 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 this approval shall either be incorporated onto the mylars submitted for signature.
3.      The Public Hearing file number "PH 2428" shall be displayed prominently on the final plan sheet either in the title block or in the area around it.
Conditions to be met prior to the issuance of a Zoning permit:
4.      Two sets of final mylars and two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning Department for signature of the Commission.  
5.       Signed mylars shall be filed with the Town Clerk no later than ninety (90) days from the expiration of the appeal period or this approval shall be null and void.  The applicants shall provide such mylars to the Planning Department sufficiently in advance of this deadline to allow for review of the plans and the arrangement for the Commission Secretary to sign the mylars. The applicant may request an extension of the filing deadline in accordance with Section 8-25 of the CT. General Statutes.  Any extension requests must be received in time to allow the Commission to act on them before the original deadline expires.
Conditions which must be met prior to the Issuance of a Zoning Certificate of Compliance:
6.      Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance. Final plans of the lots and road system shall also be submitted in a digital format prescribed by the Director of Planning unless waived by a three-fourths majority of the Commission.
General Conditions:
7.      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.
8.      All conditions of the original subdivision approval (PH #2253.02) not specifically modified by this approval shall remain in full force and effect.
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.
The motion was approved by a 7 - 0 - 0 vote with Commissioner Lefakis voting.  

PH#2431 - Text Amendment to Zoning Regulations to allow Places of Worship in the Industrial 1 (I-1)  District, Open Gate Ministries, Applicant.  (Must close by April 22.)
 
Chairman DiPace read a letter from a representative of Open Gate Ministries withdrawing this application.  Commissioner Krebs made a motion, seconded by Commissioner Egan, to accept the withdrawal of PH#2431 without prejudice.  The motion was approved by a 7 - 0 - 0 vote with Commissioner Lefakis voting.

PUBLIC HEARINGS - NEW

a.      PH#2438 - Special Use Permit to allow a class one liquor license (beer and wine) at 917 Enfield Street, Sarapes Restaurante, Zoned BL, Map 26, Lot 78, Maria Chavez, Applicant/Julie P. Lai, Owner.  (Must close by May 20.)

Maria Chavez and Julie Lai appeared before the Commission regarding this application.

Ms. Chavez stated she is the daughter of Edwardo Chavez, 917 Enfield Street.  They are applying for a beer and wine liquor license.  They have been planning to do this for a year and are looking forward to getting this permit in order to increase their sales.  Ms. Chavez noted patrons have been asking for beer and wine.

Following a question from Commissioner Weseliza about the hours of operation, Ms. Chavez stated they are open from 9:30 a.m. to 9:00 p.m. and they are closed on Mondays.  

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

Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve PH#2438 - Special Use Permit to allow a class one liquor license (beer and wine) at 917 Enfield Street, Sarapes Restaurante, Zoned BL, Map 26, Lot 78, Maria Chavez, Applicant/ Julie P. Lai, Owner. This approval is subject to conformance with the application record and the following conditions:

Conditions to be Met Prior to Signing of  Certificate:

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

Conditions to be met prior to the issuance of permits:

2.      This approval will become effective upon the filing of a 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:

3.      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.

4.      The approval for the Class 1 beer and wine license is in conjunction with a bona fide restaurant only. Any changes to the interior layout or functions of the space shall require an amendment to the Special Use permit.

5.      The use describe herein shall commence by April 22, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.

6.      By acceptance of this permit and conditions, the applicant, land owners, and their successors and assigns acknowledge the right of Town staff to periodically enter upon the subject property for the purpose of determining compliance with the terms of this approval.
   
The motion was approved by a 7 - 0 - 0 vote with Commissioner Lefakis voting.

b.      PH#2440 - Special Use Permit to put in a 8 x 10 foot concrete or fieldstone outdoor patio under an existing porch at a licensed liquor establishment located at 41 Enfield Street, zoned BL, Map 35, Lot 194, William Accorsi (Jiggy's), Applicant/Carolyn McKelvie, Owner. (Must close by May 20.)

William Accorsi, 14 Redstone Drive, East Longmeadow appeared before the Commission regarding this application.  They are applying for an outside patio to be constructed under an existing porch with a fence around it and a gate.  Fire Chief Provencher visited the site and stated their plan would be acceptable to him.

Mr. Accorsi stated there is no water or electricity in this outside area.  If it was concrete, it would be a slab under a porch that has two posts that hold the above structure.  It would have a fence around it and a gate.  The purpose of this area is so that people could go outside and smoke.

Commissioner Duren asked about the scale of the drawing and noted it is rather deceptive and does not show the distances from the abutting properties.  He expressed a concern about noise and asked what is the distance from the patio to the property line.  Mr. Accorsi stated it would be about 30' from Carl Street.  From the back of the building to a stockade fence is less than 20'.

Commissioner Krebs asked for confirmation that there would be no outside lighting.  Mr. Accorsi stated there is a light on the side of the building but they would not be adding any additional lighting.

Commissioner Duren asked what will happen to the dumpster now located in that area.  Mr. Accorsi stated they will enclose it with another piece of stockade fence.  There is no dumpster pad and the dumpster presently sits on the ground.  The proposed patio would not require moving this dumpster.

Commissioner Weseliza asked if the people drinking outside would be able to leave the premises.  Mr. Accorsi stated there will be a gate added to address the Fire Marshal's concerns and patrons could open the gate and leave.  The gate will be kept closed.  There will be an employee on the floor monitoring both the inside and outside area.

Commissioner Egan stated alarming the gate might solve the problem of patrons using it to leave the premises.  

Commissioner Egan asked if there will be tables and chairs on the proposed patio.  Mr. Accorsi stated it is a very small area and they intend to have no tables but a few chairs.  The area would hold six to eight people.  

Commissioner McGill asked if the patrons would be just going outside to smoke or will they be allowed to take their beverages outside.  Mr. Accorsi stated he would like to have patrons be able to take drinks outside.  Mr. Giner stated this is what triggered the special use for this application.

Chairman DiPace stated the reason for this application is the new state law not allowing smoking inside.  Mr. Accorsi stated the private clubs can still have smoking and this has affected their business.  

Mr. Accorsi stated he would have to also go to the State of Connecticut to have his liquor license reviewed but he was told he would have to start at the town level. He will have to apply for an extension to the liquor permit.

Chairman DiPace stated one of the conditions imposed in the memo from Mr. Giner is that no tables, chairs or food service would be allowed in the patio area.  

Commissioner Duren asked what is the capacity of this patio area.  Mr. Accorsi stated there are three to four patrons outside at a time now and they presently stand out in front.

Commissioner Egan stated he would like to see the gate alarmed so that management will know if someone opened the gate.  The people would be congregating in the back near the abutting homes and this could present a problem.

Commissioner Weseliza asked if there will be music outside.  Mr. Accorsi confirmed there will not be.

Chairman DiPace opened this hearing to the audience.

Dave Ashton, Carl Street, spoke about the dumpster at this bar and noted the lid is left open almost constantly.  The litter flows down Carl Street and residents are always cleaning their lawns.  He felt the patio will be an improvement but noted it is not uncommon in the summer to walk up Carl Street and smell a little marijuana back there.  The language also carries through the neighborhood.  Mr. Ashton suggested the patio be placed out front to promote additional business.  He also asked that steps be taken to keep the dumpster closed.

Kelly Stroman, 1 Carl Street, stated her house is on the other side of the stockade fence.  Her twelve-year-old daughter has a clear view of the patio area.  They do leave the door open and there have been several nights when her daughter has had to keep her window shut because the music is so loud.  Ms. Stroman stated her daughter can see everything that is going on.  Even though there is a no parking sign in front of her house, people from the bar park right on her grass.  She would not like to see patrons hanging around outside drinking because of her daughter.  

Wayne Galbreth, 10 Carl Street, spoke about the excessive noise coming from this establishment from the loud music.  He felt if patrons are allowed to be outside more, the results will be worse.  They are living with what they have now and would like it to stop but they would also not want it to get any worse.

Carol Galbreth, 10 Carl Street, asked that the Commission consider the neighbors on the street.  They have lived with this for years and have put up with it.  As soon as the weather gets warm, they hear the loud music until 1:00 a.m. and people yelling.  This goes on all summer long when the doors are open.  The situation is bound to get worse if they are allowed to have this outside patio.

Chairman DiPace asked if this resident has ever complained to the town that this establishment is in violation of the town's noise ordinance.  Ms. Galbreth stated she has not but she is afraid the situation will worsen if the patio is allowed.

Dave Ashton added that very frequently there is glass in the road in front of this establishment on Carl Street.  He dodges it but tonight the glass was dispersed on the street and it was difficult to dodge it.  Mr. Ashton suggested a restriction for the owner that once a day he goes out and sweeps the road.  Chairman DiPace questioned if this glass is bar glasses or from children riding down the street throwing bottles.  Mr. Ashton stated the glass is clear glass and there is glass quite frequently on the street.   

Chairman DiPace questioned if the music volume at this establishment could be lowered.  Mr. Accorsi acknowledged that in the summer the music can be loud with the doors open.  They could have the juke box lowered so that patrons cannot raise it to the level where it flows out into the street.  As far as the glass, Mr. Accorsi stated they have a clean-up man that is at this business every morning.  If there is anything outside, his job is to sweep it.  They do not allow alcohol outside the building and if there was glass outside, it was from someone who may have stolen a glass or went outside with their drink.

Mr. Accorsi stated if they have a patio, there will be more people out there.  It is his job to make sure they are quiet enough so that they do not disturb the neighbors.  

Commissioner Hickey suggested signage be positioned at the premises stating "respect our neighbors" or some similar language.  Mr. Accorsi stated they could install such signs and he would also monitor the area.  He acknowledged the primary reason for this patio is because of the no smoking law.  It has affected their business immensely.  The clubs in the town can continue to have smoking because they are private and many of their customers now frequent these private clubs.

Commissioner Sarno questioned why patrons have to take their drinks with them to the patio.  She felt there will be more congregating if people are allowed to bring liquor.  

Commissioner Egan asked about the proposed fence and if it will go all the way up to meet the top of the porch.  Mr. Accorsi stated they were going to propose a 4' fence but the fence height could be adjusted depending on the wishes of the Commission.  Commissioner Egan felt if the fence were a little higher, it may address some of the issues.  Mr. Accorsi stated he would not mind a higher fence but he was told that such a fence cannot obstruct the view and people have to be able to see the patio from the street.  Otherwise, he would install a stockade fence.  Mr. Giner stated the issue is maximum height and the fence can only be up to six feet high.  He confirmed to the applicant that it can be a 6' high stockade fence.

Commissioner Lefakis asked if the applicant explored the possibility of building the patio in any other location.  He suggested it be placed on the corner of Carl Street and Route 5.  Mr. Accorsi stated they are so close to other property lines that the only place they can put this patio is underneath the porch because they would not infringe on anyone else.  

Commissioner Lefakis suggested some arborvitae be planted to help buffer some of the sound but he acknowledged they would also obstruct the view.  Commissioner Hickey suggested if they were planted along the stockade fence of the adjoining property owner, he doesn't see how this would obstruct anything.

Commissioner Sarno reiterated it would be asking for trouble to allow patrons to bring their drinks outside.  She asked if the patio could be done without the liquor because of the neighbors and other issues.

Commissioner Hickey acknowledged that the State of Connecticut has imposed a real hardship on many restaurant and bar establishments.  He has talked to other restaurant owners and not only is their business down but the gratuities for the employees are down.  Business is off from thirty to forty percent.  A legislator is seeking a repeal of the law because of the effect it is having on these businesses.  

Commissioner Hickey stated the application before the Commission gives the Commission the ability to regulate some of the activities because people are going  outside to smoke.  

Commissioner Lefakis suggested the Commission ask the Town Attorney if it is possible to write into the approval a suspension of this approval if the state law changes.  Mr. Giner stated he will ask that question.

Commissioner Hickey stated he can understand the reservations given the proximity of this establishment to the residential area.  However, if the use is properly shielded by the fencing and the planting, it will improve the situation.  Commissioner Hickey felt that entering a restaurant with people congregating in the front smoking is not conducive to business.  

Commissioner Duren suggested a condition that no alcoholic beverages be taken out to the patio and an additional condition of plantings along the residential area.  Commissioner Egan added an alarm for the gate.

Commissioner Egan had a problem with people being able to see what is going on in the patio area.  In order to shield that, he asked if the proposed fence could be installed off the ground by about two feet.  Mr. Giner stated a height beyond 6' becomes an issue with the building code.

Commissioner Egan stated he cannot see allowing this patio as presently proposed with the residential area and the young children.  The residents have every right to their privacy as Mr. Accorsi has every right to be in business.

Chairman DiPace asked about the location of the gate for the patio area.  Mr. Accorsi stated there are two back doors.  One is an exit that has nothing to do with the patio.  The other door would go directly out to the patio and the gate would be straight out the door.  Chairman DiPace asked what is located to the side walking out the back door to the right.  Mr. Accorsi stated to the right above is a fire escape that comes down from the upstairs where there are apartments.  

Chairman DiPace asked if in the area where there is no gate, would it be possible to do some lattice work from the landing above all the way down.  Mr. Accorsi stated he would do so if that is acceptable.

Commissioner Weseliza asked about the hours of operation.  Mr. Accorsi stated they are 10:00 a.m. to 1:00 p.m. and on Fridays and Saturdays it is 2:00 a.m.  

Chairman DiPace stated the loud music at early morning hours is not acceptable.  Mr. Accorsi stated they could keep the doors closed at a certain time because the noise would not leave the bar if the doors were closed.  People do open the doors when the weather is nice and they remain open.

Commissioner Hickey stated interior signage as he has seen in other establishments may reinforce the idea that you need to respect your neighbors.  

Chairman DiPace requested that Mr. Accorsi address some of these issues and provide the Commission with a more detailed drawing showing the specifics of the patio.  

Mr. Giner suggested that Mr. Accorsi meet with him early next week.  He can, in the interim, find out if there would be any building code issues with the proposed lattice work.  

Commissioner Duren summarized the issues which include addressing the loud music, planting arborvitae, installing an alarmed gate, signage and a condition that no beverages to be taken out back to the patio.

Carolyn McAlvey, 268 Prospect Street, East Longmeadow, the owner of the building stated she will not be here for the next meeting but whatever Mr. Accorsi decides to do is fine with her.

Commissioner Lefakis reiterated his request to consider a sunset clause in case the state law changes.  Mr. Giner will check with the Town Attorney's office.

Mr. Accorsi stated if patrons are not allowed to take alcohol to the patio, are there any concerns if he does not build a patio and people just go out back and smoke.  He noted if patrons cannot bring drinks out, it is a moot point for him to do all this.  He questioned if he builds a patio and patrons cannot take liquor out there, why is he building a patio.  He added that if the Commission is definitely saying no to the liquor outside, he would like to withdraw this application.

Chairman DiPace stated the Commission has not said no.  They would like to see how the concerns will be addressed.  

Chairman DiPace continued this hearing until May 6, 2004.

c.      PH#2443 - Staff initiative for a Text Change to allow limited helicopter landings
in residential zones for special events sponsored by the Town of Enfield or non-profit organizations.

Mr. Giner stated this is a staff initiative.  A couple of months ago, he received a call from the D.A.R.E. Officer and an email from the Superintendent of Schools asking about landing a helicopter.  This is something that has been a regular occurrence as part of the D.A.R.E. program over the years.  However, they were sent a letter of violation when they did a similar helicopter landing for bringing in some roof top mechanicals at Fermi.  

Mr. Giner stated the Town went to great lengths last year and all the way to the State Supreme Court to have this Court determine that these type of helicopter landings in the case of agricultural uses were a heliport use.  There are no exemptions for these types of uses for public or nonprofit reasons.  Mr. Giner suggested what was needed was a way for the Commission to allow these things.  There were concerns expressed by the Fire Marshals and Fire Chiefs as well regarding the use of helicopters for training purposes.

Mr. Giner stated this proposed text change would give an avenue for applying for helicopter uses by site plan.  Applicants would be asked to be put on the agenda to inform the Commission they would be doing a training exercise or event, give the time and date and specify the reason for the landing.  The Commission would then decide if this was an appropriate use.  

Mr. Giner stated this text change has been sent to CRCOG.  They reviewed it last Thursday and noted they had no apparent conflict with the regional plans and were concerned about notification to any abutting towns.

Mr. Giner stated the reason this text change was proposed at this time was that D.A.R.E. has a helicopter landing scheduled for April 28, 2004 and it could not occur if the Commission did not act on this tonight.  Their specific application is on the agenda tonight.

Chairman DiPace read a letter from the Fire Marshals and Fire Chiefs expressing their concerns.  

Mr. Giner stated these helicopter applications would not require a special use permit.  If such events were planned, with as little as a week's notice, the Commission could review these applications.  Mr. Giner stated he hesitates to exempt without good reason public uses of items that are regulated privately.  

Chairman DiPace stated he talked to Ed Richards and he did not realize that these helicopter landings are not allowed.  With this application, there would be sufficient time to get the necessary approval.

Mr. Giner stated if an applicant knew they did a helicopter landing at the same time and place each year, they could come in once and inform the Commission what they will be doing.  The regulation is designed for administrative approval and the Commission has the option in a particular circumstance to hold a public hearing.  

Mr. Giner noted the Commission has received an updated version of the proposed text change.  He included "one time landing" originally but has since substituted the words "temporary landing" to leave it open for such things as the July 4 celebration where there may be two landings.

Commissioner Egan stated helicopters were not allowed in residential areas for very good reasons.  While it is nice to have the kids see them, there is also the public safety issue.  There is a need to protect the children in the schools and the homes around them.  Commissioner Egan noted the noise and pollution issue is another concern.  Looking at the proposed ordinance, he stated it is pretty vague.  There are 111 organizations in this town that would qualify as non-profit community organizations and come under this regulation.  

Commissioner Egan saw a need for the Commission to address public safety and protection of the residents.  He noted there is no notice to the residents included.  

Chairman DiPace stated applicants would have to submit a site plan.  The main reason this was proposed was to address the concern of the D.A.R.E. program and the concern of having Life Star land during the July 4 celebration.  

Commissioner Egan stated this regulation gives the Commission no control to regulate these helicopter landings.  They are not subject to the special permit requirements.

Chairman DiPace stated the text change includes the language that "no public hearing will be held unless the Commission finds that the particular circumstances of the application so warrant one."  He stated if the Commission has serious concerns, they can opt to hold a public hearing.  Commissioner Egan stated the applicants would not be subject to any of the special permit requirements.

Commissioner Weseliza asked how many such landings occur each year.  Mr. Giner stated he is uncertain because he was not even aware of the D.A.R.E. landings.

Chairman DiPace stated in the past such helicopter landings were being done illegally and now, with the text change, this has been addressed.  

Mr. Giner stated the Commission has the power to write regulations and to repeal them.  If they saw that this was being abused, the Commission could change the regulations to address the problem or to address a possible scenario.

Chairman DiPace stated with this regulation, if someone sees a helicopter landing and calls the Town Hall, the Zoning Enforcement Officer or the Town Planner would know that a permit has been issued and the reason for the helicopter landing.  This information would address the public's concerns.

Commissioner Egan stated any organization can become a non-profit.  He saw a need to include a definition of non-profit since there are different definitions.  

Chairman DiPace opened this hearing to the audience.

Scott Kaupin, Town Councilman for the Town of Enfield, 9 Allen Street, spoke representing the July 4 Celebration Committee.  He just realized they have been violating the zoning ordinance for a few years with their helicopter landings.  He spoke in favor of the text amendment with the understanding that the Commission needs to devise the best method to allow this to happen.  He noted the July 4 Celebration has had Life Star and Trooper One come in for educational seminars during the celebration.  This year the U. S. Army would like to bring in a Black Hawk Helicopter.  They publicize the landings in all the media and the landings occur on the Higgins ball field.  The ball field is enclosed with a fence and they do not allow people to be inside the fence when the helicopter lands and takes off.  They understand there are security issues that need to be addressed and they would like their organization to be able to continue to do these landings in a safe and secure manner.

Mr. Kaupin asked what is the definition of limited.  In the past they have done two landings.  If they came before the Commission and stated they had one planned for Friday, one for Saturday and one for Sunday, that would be the maximum but any of these landings could be cancelled if an emergency elsewhere occurred.  Mr. Kaupin asked if three landings could be included in one application.  Chairman DiPace confirmed that only one application would be necessary.  Mr. Kaupin stated their organization is a 501C3 organization and that may be the definition for the non-profit part of the text.  Mr. Kaupin also asked if there is a fee and if there is, and the use is municipal and non-profit, could that fee be waived.  

Mr. Kaupin stated he would support the efforts of the Commission and they would like to have the ability to have helicopters land at the July 4 celebration.  

Mr. Giner stated the fee ordinance doesn't cover temporary permits and he would not foresee a fee being charged for such applications.  

Mr. Giner suggested the addition of "warrant a special use permit" instead of "so warrant."  This would start up all the other legislative concerns identified by Commissioner Egan.  

Commissioner Lefakis noted the wording special event can be understood to be a multi-day event.  

Mr. Giner stated the intent is that organizations cannot be offering helicopter rides on weekends.  

Commissioner Lefakis asked that language be added that the helicopter landings would be primarily for education rather than entertainment or amusement.  

Commissioner Egan stated by putting in the allowance of the special permit conditions, the Commission can sift out the requests that are not educational.  Mr. Giner added if there was a concern about the intent, duration or frequency of the landing, the Commission could set a public hearing.

Mr. Giner reiterated that the last sentence of the text change would read:  "No public hearing will be held unless the Commission finds that the particular circumstances of the application warrant a special permit."

Chairman DiPace opened this hearing to the public again for any additional comment.  No one spoke at this time.

Chairman DiPace closed this public hearing.

Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve PH#2443, staff initiative for a text change to allow limited helicopter landings in residential zones for special events sponsored by the Town of Enfield or non-profit organizations with a correction to the last sentence of the text change.  The last sentence should read:  "No public hearing shall be held unless the Commission finds that the special circumstances of the application warrant a special use permit."  The motion was approved by a 7 - 0 - 0 vote.

The Commission recessed at 9:10 p.m. and reconvened at 9:20 p.m.

OLD BUSINESS

a.      SPR#1261 - Application to install 500-gallon above ground oil tank at 241 Hazard Avenue in a BL District, Map 83, Lot 52, Alliance Energy Corp., Applicant/Owner.

Mr. Giner stated this application was tabled at the last meeting pending receipt of a memo from the Fire Marshal.  The Commission now has a memo from the Fire Marshal dated April 12, 2004.

Raymond Buello appeared before the Commission representing Alliance Energy Corporation, 36 Industrial Road, Branford, Connecticut.  They are requesting permission to install a 500-gallon above ground oil tank.  

Mr. Buello stated there is a parking spot in the area adjacent to where this tank is going.  They would have no problem putting "no parking" signs there and closing that area off from parking.

Mr. Giner stated that is included as Condition #5 in the list of proposed conditions.

Commissioner Hickey asked why they are relocating this 500-gallon tank.  Mr. Buello stated they have an underground tank now which is quite old and they would like to remove it before problems occur.  This is something the company looks at doing everywhere because it is a safer condition than putting tanks under ground.  The fuel tanks are so large they would be impossible to put above ground but this small fuel oil tank of 500 gallons is a different circumstance.  The tank is completely enclosed with bumper guards and has all kinds of safeguards on it.  It is a double walled tank with electronic monitoring for leakage and inventory and contains all the safeguards required by the DEP.

Commissioner Hickey stated his employer has taken all their underground tanks out and put them above ground.  Mr. Buello noted it is easier to control what you can see.

Commissioner Egan made a motion, seconded by Commissioner Weseliza, to approve SPR #1261 - Application to install 500 gallon above ground oil tank at 241 Hazard Avenue in a BL District, Map 83, Lot 52, Alliance Energy Corp. Applicant/Owner. This approval is subject to conformance with the record and the following conditions:
Referenced Map
"ALTA/ACSM Land Title Survey for FATCO/ALLIANCE  Project Site No. 96726-6, 241 Hazard Ave., Enfield, Conn." By Meehan & Goodin, Sheet 1 of 1. Stamped "received by the Planning Office on March 9, 2004.
Conditions to be Met Prior to Signing of Plans:
1.      The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.  
2.      Final Fire Marshall Approval shall be obtained.
3.      The plans shall be revised to show the removal of the parking space shown immediately north of the tank location.
Conditions to be met prior to the issuance of permits:
4.      Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission.
Conditions to be met prior to a Certificate of Compliance:
5.      "No parking" signs shall be placed along the north edge of pavement behind the new tank
General Conditions:
6.      This approval is for the specific structures 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.
7.      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.
8.      A building permit for the construction of facilities as approved must be obtained by April 1, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with Section 16-13 of the Enfield Zoning Regulations.
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.
The motion was approved by a 7 - 0 - 0 vote with Commissioner Lefakis voting.

NEW BUSINESS

a.      SPR#1258 - Application for an addition and renovation to an office building with related site improvements at 135 Freshwater Boulevard, zoned I-P, Map 56, Lot 24, Charles T. Schmitt, Applicant/John Puccio, Owner.

Charles Schmitt, the architect, Dominic Salzone representing the owner, Bill Cannon, the landscape architect and Skip Alford, the site engineer, appeared before the Commission regarding this application.

Mr. Schmitt stated this is the former Bloom's warehouse on Freshwater Boulevard directly behind the Stop and Shop.  It has two components right now.  It has a high bay area metal building and a lower office building in the front.  The applicant is going to establish corporate headquarters at this site for the Cambridge Credit Counseling Corporation.  The facility will provide employment for approximately 250 people.  

Mr. Schmitt stated in addition to the 8,000 square feet of the present building, they are planning an addition of 13,000 square feet.  In addition to the office, the facility will have a small day care component not presently developed for use by children of the employees.  

Mr. Schmitt stated they have been through the consideration of the wetlands issues and impacts quite extensively.  He stated they have the back of the Stop and Shop as a neighbor and vacant land on two sides.  The grades are brought up against the building now and those will be lowered somewhat.  The floor will be raised about a foot from where it now is.  They have created a center court in the forward part of the building where the executive offices will be.  They also have an octagon shaped glass structure at the public entry.  

Commissioner Krebs asked about the colors for the building.  Mr. Schmitt stated the colors will be earth tones and they will be happy to forward material samples when the final selections are made.  Mr. Schmitt stated the structure will be substantially changed from what is it now.  The split faced block will be removed and there will be larger windows.  There will be a combination of masonry and an exterior insulation finish system.  There are provisions for bicycles and for outdoor uses near the cafeteria.  There is a service road around the back and a small area would take mail and serve as a garage for the two company vehicles.  

Commissioner Weseliza asked about the daycare facility and where the children will play outdoors.  Mr. Schmitt identified the 2000 square foot play area adjacent to the day care facility on the plans.  The area is fenced.  They have not proposed any type of play structures within it.  They wanted to find a space and then work with the people who run the day care center to define the exact apparatus.  The area would have a metal fence that has a nice curved top and relates to the architecture of the building.

Mr. Schmitt stated their intent is to begin construction as soon as they receive approval.  This company presently has other quarters in Agawam, Massachusetts and many other locations.  This will be a new facility and the hires will be approximately fifty percent new hires.

Mr. Giner stated the area is surrounded by wetlands.  They had preliminary meetings in October before any application was submitted.  The site plans have been revised numerous times and the wetlands approval was received.  Mr. Cabibbo, the Assistant Town Engineer, also provided a memo indicating all his concerns have been met.  

Mr. Giner stated Fire Marshal Ed Shirley called today and was satisfied with the plans and the responses from the applicants.  

Mr. Giner confirmed that day care centers are allowed as accessory uses and the day care center would not have to come back before the Commission.  It is allowed only as an accessory use in the industrial park and the children would be those of employees.  

Chairman DiPace suggested a condition regarding the colors of the building being earth tone.  He added that the color of the fence would be subject to approval by the Town Planner.   

Commissioner Krebs made a motion, seconded by Commissioner Duren, to approve SPR #1258 - Application for an addition and renovation to an office building with related site improvements at 135 Freshwater Blvd, Zoned I-P, Map 56, Lot 24, Charles T. Schmitt, Applicant / John Puccio, Owner. This approval is subject to conformance with the referenced plans, as may be required to be modified by this motion, and the following conditions:
Referenced Plans:
"Addition and Renovation T Enfield Realty Corp. 135 Freshwater Boulevard, Enfield, CT  Site Plan Review" Cover Sheet dated Wednesday, April 14, 2004.
"Boundary and Topographic Plan of Land in Enfield, Connecticut surveyed for Cambridge Credit Counseling Corporation" Scale 1"= 40', by Heritage Surveys, Inc. dated November 13, 2003.
"Grading and Utility Plan Prepared for Enfield Realty Corp. 135 Freshwater Boulevard, Enfield, Conn." Sheet 1, Scale 1"=40', by Alford Associates, dated Feb 11, 2004, and revised to 4-15-04.
"Erosion and Sediment Control Plan Prepared for Enfield Realty Corp. 135 Freshwater Boulevard, Enfield, Conn." Sheet 2, Scale 1"=40', by Alford Associates, dated Feb 11, 2004, and revised to 4-2-04. "Notes and Details Prepared for Enfield Realty Corp. 135 Freshwater Boulevard, Enfield, Conn." Sheet 3, Scale 1"=40', by Alford Associates, dated Feb 10, 2004, and revised to 4-15-04.
"Layout Plan Prepared for Enfield Realty Corp. 135 Freshwater Boulevard, Enfield, Conn." Sheet 4, Scale 1"=40', by Alford Associates, dated Feb 11, 2004, and revised to 4-02-04.
"Basin Profile Prepared for Enfield Realty Corp. 135 Freshwater Boulevard, Enfield, Conn." Sheet 5, Scale 1"=40', by Alford Associates, dated March 1, 2004.
"Notes and Details Prepared for Enfield Realty Corp. 135 Freshwater Boulevard, Enfield, Conn." Sheet 6, Scale 1"=40', by Alford Associates, dated March 10, 2004.
"Site Landscape & Planting Plan" Sheet 1 of 4, by William A. Canon, Landscape Architect, revised to 4/5/04
"Landscaping Details" Sheet 2 of 4, by William A. Canon, Landscape Architect, revised to 4/5/04
"Landscaping Details" Sheet 3 of 4, by William A. Canon, Landscape Architect, revised to 4/5/04
"Irrigation Plan" Sheet 4 of 4, by William A. Canon, Landscape Architect, revised to 4/5/04
"Electrical Site Plan, Enfield Realty Corporation 135 Freshwater Boulevard, Enfield, CT." Sheet SE1.1, Scale 1"=40', by Carlson & Schmitt Architects, Inc. dated  4-13-04.
"Overall Floor Plan, Enfield Realty Corporation 135 Freshwater Boulevard, Enfield, CT." Sheet A1.1, Scale 1/16=1'-0", by Carlson & Schmitt Architects, Inc. dated  4-14-2004.
"Overall Building Elevations Plan, Enfield Realty Corporation 135 Freshwater Boulevard, Enfield, CT." Sheet A2.1, Scale 1/16=1'-0", by Carlson & Schmitt Architects, Inc. dated 4-14-2004.
Conditions to be Met Prior to Signing of Plans:
1.      All 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 SPR file number "SPR 1258" shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3.      All engineering plans shall be revised to conform to latest revision dates.
4.      The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.  A copy of the Final Motion with conditions shall be placed on the plans submitted for signature.
Conditions to be met prior to the issuance of permits:
5.      Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission.
6.      Final site plans to be reviewed and approved by the Engineering Division, WPCA and Fire Marshall.
7.      A pre-construction meeting with Town Staff shall be held.
8.      The applicant shall post a bond for Site improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town Attorney.
9.      A Separate Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
10.  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:
11.  Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
12.  The applicant shall submit to the Planning Director final as-built plans in a digital format prescribed by the Director.
General Conditions:
13.  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.
14.  This approval is also subject to conditions of Inland Wetlands Permit #406.
15.  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.
16.  Construction of facilities as approved must commence by April 22, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
17.  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.
18.     The color of the buildings will be earth tones and the colors of the fence for the play area shall be acceptable to the Town Planner.  

The motion was approved by a 7 - 0 - 0 vote.

b.      SPR#1259 - Application to split existing two-floor structure from one tenant to two - Top floor retail or office, ground level retail at 270 Enfield Street, zoned BL, Map 34, Lot 161, Brian Torpey, Applicant/Owner.

 This application was tabled pending resolution of concerns from the Fire Marshal.

b.      SPR#1262 - Application for a temporary outdoor recreation event for Fanelli Amusement Company Carnival - set up on 5/17 - 5/19, operate 5/20 - 5/31 at 90 Elm Street, zoned BR, Map 43, 45, 47, Lot 3, 16, 20, 21, Westfield Shoppingtown Enfield, Applicant/owner.

Angela Cousineau, 775 Main Street, Somers, appeared before the Commission on behalf of Westfield Shoppingtown.  They are requesting approval to hold a carnival on their parking lot.  Last year this event was held on the grassed lot.  The Fire Marshal had some concerns with weather conditions and the mud in the area should it rain.  They are now requesting the relocation of this carnival to the parking lot.

Commissioner Duren stated there are no letters from the Fire Marshal or the Traffic Safety Officer regarding this application.

Mr. Giner stated the Fire Marshal did send an email with a diagram attached.

Ms. Cousineau stated their intent is to hire a police officer.  Mr. Giner confirmed there are no comments from Lieutenant Boula regarding this application.

Commissioner Duren stated there is construction on Elm Street along with a lot of traffic and there should be comments about this use.

Chairman DiPace agreed there is a lot of chaos in this area and movement of the carnival to the middle of the parking lot without any barriers is a concern.

Ms. Cousineau stated the carnival will be fenced and there will be a police officer at a designated crossing sign for those crossing the parking lot.

Commissioner Egan noted they propose to take the bunk houses and the truck storage and line them up along the parking lot.  Mr. Giner stated Commissioner Egan is looking at Fire Marshal Censki's drawing.  Ms. Cousineau showed the area of the parking lot where the carnival will be held.  They would take the empty trailers and bunk houses and place them on the grassed lot.

Chairman DiPace noted a fence is proposed around the drive aisle but cars will still be able to drive around.  Chairman DiPace felt Lieutenant Boula should review this plan.

Chairman DiPace requested that Mr. Giner also send the plans to the Police Chief or Captain to see if there are any concerns.  Mr. Giner stated if there are concerns, they will be addressed and he will know that prior to the Commission's May 6 meeting.

Chairman DiPace felt the location of the carnival would be safer on the grass rather than in the parking lot because of the curb.  He pointed out the safety issues should a car come racing through the parking lot and lose control.  Commissioner Egan stated there is also a safety issue with the grassed area not being level.

This application was tabled to the May 6 meeting pending Mr. Giner contacting Lieutenant Boula and the Police Chief or Captain.
 
d.      SPR#1265 - Application to allow a helicopter landing and takeoff on April 28, 2004 as part of D.A.R.E. program at the Hazardville Memorial School, 68 North Maple Street, in an R-33 District (Map 83, Lot 157), Enfield Public Schools, Applicant.

Commissioner Egan asked if notification can be made to the residents in the area about this helicopter landing to avoid undue concern.  Chairman DiPace felt this could be handled by the newspaper.  Also, the time of the landing is on April 28 between 10:45 a.m. and 12:15 p.m.  Chairman DiPace further suggested that the Planning Office email Channel 3 to inform them the Enfield Public Schools is going to be landing a helicopter for the D.A.R.E. program.  Commissioner Sarno suggested Channel 15 be used which advertises public events.
  
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve SPR#1265, application to allow a helicopter landing and takeoff on April 28, 2004 as part of the D.A.R.E. program at the Hazardville Memorial School, 68 North Maple Street, in an R-33 District and that a press release be issued regarding the particulars and times of the landing.  

The motion was approved by a 7 - 0 - 0 vote with Commissioner Lefakis voting.

e.      SPR#1267/FLD #019 - Application for minor site plan modification and flood permit to add a dumpster pad, two dumpsters and an enclosure fence behind Old Navy facility at 25 Hazard Avenue, zoned BR, Map 45, Lot 8, SEA Enfield Commons LLC, Applicant/Owner.

Mr. Giner stated this application would normally be handled administratively but, in this case, the property is located in a flood zone and needs a flood approval.

Attorney Susan Hays appeared before the Commission and stated they have received an administrative approval from the Wetlands Agent.  

Attorney Hays distributed one minor change to the Commission based upon a comment from Mr. Angus, the Wetlands Agent.  The base material they were showing as 6" should be shown as 8".  There is a note on the plan to this effect.  Attorney Hays stated there is excess flood capacity in the new flood area they are constructing to the east.  

Commissioner Duren made a motion, seconded by Commissioner Krebs, to approve SPR#1267, application for minor site plan modification to add a dumpster pad, two dumpsters and an enclosure fence behind the Old Navy facility at 25 Hazard Avenue.  The motion was approved by a 7 - 0 - 0 vote with Commissioner Lefakis voting.

Commissioner Duren made a motion, seconded by Commissioner Weseliza,to approve a flood permit for FLD#019.  The motion was approved by a 7 - 0 - 0 vote with Commissioner Lefakis voting.

BOND RELEASES

a.      Request for de facto release of expired bonds per Finance Director.

No action was taken on this item.

OTHER BUSINESS

a.      Discussion on Hazardville Village Decorative Banner Program.

Bill Lee appeared before the Commission regarding this discussion of the Hazardville Village Decorative Banner Program.

Mr. Giner distributed the section from the Thompsonville Village Zone regulations regarding banners.  He stated under paragraph a, item 4, it talks about allowing pedestrian oriented banners within the public right of way.  

Mr. Giner stated it would be appropriate to change the title of this section to Special Sign Requirements and see if that language would fit into the Hazardville Village Design regulations.  The regulations would have to include wording to the effect that such signage would be by organizations sanctioned by the Town of Enfield.  

Mr. Giner stated the idea is to have seasonal banners on poles with add-on sponsorship so that companies would be able to pay a fee as a fundraising event for the Hazardville Institute.

Mr. Lee stated the proposal is that this would be an ongoing program.  The Town Council recently authorized the Conservancy to run the program for an initial five year period.  There would be specific designs and every other pole would have a banner.  They would intersperse seasonal banners with civic banners.  There would be four seasonal generic type banners.

Mr. Lee stated there are currently 58 light poles constructed in the center of the Hazardville Village District.  They are authorized to put a banner on every other pole.  The banners would be constructed as a set and would have a common design element.  They are considering a two-color banner on a single color sailcloth.

Commissioner Krebs noted the banners in Rockville.  Mr. Lee stated they would be using the same manufacturer and he elaborated on the success of the Rockville banner program.

Mr. Giner asked if he should use the language in Section 4 of the Thompsonville Village District regulations and apply it to the Hazardville Village Center Design District.  The consensus of the Commission was to follow this procedure.

Mr. Lee stated they wanted someone other than the town to administer the program and they wanted to include wording that would allow them to have the sponsorship at the bottom of the banners.  However, in discussing this with the State of Connecticut, banners that they allow over state roads cannot include logos.  They can only be text only and all one size and this has been communicated to Mr. Giner.

Mr. Giner stated he will draft something and have it available for a June public hearing.  

Mr. Lee stated the Hazardville Institute Conservancy has spoken to the Town Council and has the authority to run this program for five years.  The proceeds are actually collateral to a loan that the Council gave the Conservancy last year.  

Commissioner Egan asked if it would be beneficial to have something in the regulation to assure that the Commission works with and cooperates with the Conservancy.  Mr. Lee agreed as long as the regulations were not just pointed at the Conservancy but allowed other groups that had an interest to apply in some manner.  Mr. Giner stated the wording he would suggest would be similar to what is included in the Thompsonville Village District.  Instead of saying "installed and maintained by the Town," he would also add "or an organization sanctioned by the Town."  In that way, someone would actually have to apply and receive a stamp of approval from the Council.  

Mr. Lee stated they are also starting to think about what they will accept as a sponsorship that will be a right that they will hold.  They will be happy to share the program book on how this banner program works.  This program is easier than in some other towns because none of these banners actually hang over the roadway.  The Council felt it was not a safety issue to have them changing the banners four times a year because they would not be impeding the traffic.

b.      Discussion of 8-24 Referral for Grandview Drive.

This item was tabled to the May 6 meeting.

c.      Applications to be accepted.

The following applications were accepted by the Commission:

PH #2443 - Petition for amendment to zoning regulations to allow helicopter landings in residential districts in conjunction with special events sponsored by the municipality or non-profit organizations.

A hearing was held tonight.

PH #2444 - Application for Special Use Permit and Site Plan Review to determine if the plans meet the requirements of the zoning ordinance at 239 Shaker Road, Zoned I-2, Map 94, Lot 10, Camerota Truck Parts, Applicant, Automatic Reman LLC, Owner.

A public hearing will be scheduled for June 3, 2003.

PH #2445 - Petition for amendment to zoning regulations to provide criteria for gasoline station canopy signs, Costco Wholesale Corporation, Applicant.

A public hearing will be scheduled for May 20, 2004.

PH #2446 - Petition for zone change at 809 Enfield Street to BG, 809 Enfield Street, Zoned BL, Map 29, Lot 72,  LLC, Applicant, Linda Ronen, Owner.

A public hearing will be scheduled for May 20, 2004.

PH #2447 - Application for a Special Use Permit for the Retail Outlet to sell to the retail public any second quality or overstock merchandise of polish pottery or stoneware at 7 Moody Rd., Zoned I-1,Map 75, Lot 37, Elle Englander, Applicant / Denis Lessard, Owner.

A public hearing will be scheduled for May 20, 2004.

PH #2448 - Application for a Special Use Permit for parking work truck at 3 Silver Lane, Zoned R-33, Map 53, Lot 3, Scott Gould, Applicant/Owner.

A public hearing will be scheduled for May 20, 2004.

Ph #2393.02 - Application for modifications to previously approved Landscape Plan for Costco at Stateline/Freshwater Plaza (Permit PH #2393). Changes include relocation and addition of plantings at 130-136 Elm Street, Zoned BR, Map 57, Lots 329/346, SEA Enfield Stateline Plaza LLC & SEA Enfield Freshwater Plaza LLC, Applicant/Owner.

The Director of Planning will determine if a hearing is necessary.

SPR #1265 - Application to allow one helicopter landing and take off as part of a D.A.R.E. program to be held at Hazardville Memorial School on April 28, 2004. - Action taken this evening.

SPR #1266 - Application to modify existing plans at 4 Alden Avenue, Zoned TV, Map 27, Lot 99, Jan Fijolek, applicant/owner.

This application will be considered at the June 3, 2004 meeting.

SPR #1267 - Application for administrative review of minor site plan modification to add a dumpster pad, two dumpsters and an enclosure fence (Old Navy) at 25 Hazard Ave., Enfield Commons, Zoned BR, Map 45, Lot 8, SEA Enfield Commons LLC, Applicant/Owner, and

FLD #019 - Application for dumpster pad, and fence for Old Navy at 25 Hazard Ave., Zoned BR, Map 45, Lot 8, SEA Enfield Commons LLC, Applicant/Owner.

Action on this application occurred earlier in tonight's agenda.

SPR #1268 - Application for an 8,000 sq. ft. medical office building with paved parking areas, sidewalks, driveways, storm drainage facilities, utility connections, landscaping and related improvements at 170 Hazard Avenue, Zoned BR, Map 74, Lot 251, LeConche Design & Construction LLC, applicant/Robert E Berger, Edward McGuire & Frank Santy, owners.

SPR #1270 - Application for modification to previously approved plans for a 14 ft. x 8 in. x 12 ft. break room addition to existing to accommodate the added use after recent remodeling at 148 Hazard Avenue, Zoned BP, Map 65, Lot 90, David Bouchard, Applicant/Johnson Surgery Center, Owner.  

ADJOURNMENT

Commissioner Weseliza made a motion, seconded by Commissioner Hickey, to adjourn.  Following a unanimous vote, the Commission adjourned at 10:30 p.m.

                                           Respectfully submitted,


                                           ___________________________
                                           Charles Duren, Secretary
jmr                                        Enfield Planning and Zoning Commission

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