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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
FEBRUARY 5, 2004
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, February 5, 2004 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Anthony 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
Nicles Lefakis, Voting Alternate
Samuel McGill, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
Commissioner Nicles Lefakis was appointed Voting Alternate for this meeting.
MINUTES
Commissioner Krebs made a motion, seconded by Commissioner Hickey, to approve the Minutes of January 8, 2004. Commissioner Duren made an addition on page two, paragraph six. The Minutes should also note that Commissioner Duren was appointed the liaison to the Enfield Revitalization and Strategy Commission. The Minutes were approved by a 6 - 0 - 1 vote. Commissioner Lefakis abstained.
Commissioner Krebs made a motion, seconded by Commissioner Hickey, to approve the Minutes of January 22, 2004. The Minutes were approved by a 7 - 0 - 0 vote with Alternate Lefakis voting.
STAFF COMMENTS
a. Town Attorney (in writing)
b. Zoning Enforcement Officer (in writing)
Chairman DiPace requested that Mr. Giner instruct Zoning Enforcement Officer Wayne Bickley to check on the location of the truck at 301 Brainard Road. He noted this oil truck sits out in front of the house and when it is parked in the driveway, part of the front nose of the truck is hanging over the front sidewalk. Chairman DiPace noted this is in conflict with the new truck regulations that require such a vehicle to be parked on the side of the house. The present location of this truck is not permitted under the new regulations.
c. Director of Planning and Community Development
Mr. Giner reported the Connecticut Federation of Planning and Zoning Agencies is having their banquet on March 18. He asked Commissioners planning to attend to inform his office.
Mr. Giner proposed the joint meeting with other boards and commissions for March 11 or March 25. The Commission was in favor of either date.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to add item 12b. to tonight's agenda for a discussion regarding A-frame signs. The motion was approved by a 7 - 0 - 0 vote with Alternate Lefakis voting.
PUBLIC PARTICIPATION
Karen Camidge, 10 Grandview Drive, stated her father, Reginald Leonard, could not be present this evening. However, he wrote a letter and asked that it be read under Public Participation. Ms. Camidge read the letter in regard to their concerns regarding the property at 10 Grandview Drive. Mr. Leonard noted they were dismayed and surprised to hear at the January 22, 2004 meeting that the requests made by the Planning and Zoning Commission on December 18 were ignored. It was requested by the Planning and Zoning Commission and agreed to by the Planning Department that a full report consisting of a written response from the Town Engineer, a legal opinion and a review of the entire Grandview Drive subdivision as built maps to confirm conformance with what was approved be prepared. This was to be scheduled as an agenda item under Other Business at the next meeting on January 22. It was not on the published agenda for that meeting but was added verbally at the beginning of the meeting by Chairman DiPace. No formal report was presented to the Commission by the Planning Department on January 22. At approximately 11:45 p.m. the Planning Department shared their interpretation of the maps and regulations again. Mr. Leonard further noted the Town of Enfield has on file subdivision regulations designed to provide protection to the Town and its residents. It is the Town's responsibility to ensure that those regulations are understood and enforced. The Commission should be proud of its accomplishments and the service it provides. The residents of Enfield rely on this Commission to protect the land, its development and to provide a quality of life for all residents.
CORRESPONDENCE
Chairman DiPace noted receipt of the Notice of Action from the Wetlands Commission's recent meeting.
COMMISSIONERS' CORRESPONDENCE
Commissioner Duren brought up the application of Sylvia's Restaurant and asked if seating is allowed on the lower level. He noted some advertisements for her restaurant acknowledging that there will be Romanian dining downstairs. Commissioner Duren stated his intent was that Sylvia would have to come back if she was going to do anything downstairs. Mr. Giner stated that discussion was held on June 5, 2003 and the Commission had asked about the basement. There was discussion about it and that it was just a safety issue. The downstairs had been approved during the second approval. The plan showed some tables downstairs. Mr. Giner read excerpts from the previous minutes. Commissioner Duren stated he thought the original approval stated the downstairs would only be used for washing dishes and food preparation. Chairman DiPace requested the Minutes from the two previous applications for Sylvia's Restaurant be included in the Commission's next meeting packet.
Chairman DiPace read a letter from Bob Tanguay regarding REACT. The consensus of the Commission was they were still in favor of the REACT project. Chairman DiPace requested that Mr. Giner prepare letters for the Chairman's signature to Senators Dodd and Lieberman confirming this Commission's support.
7. PUBLIC HEARINGS - NEW
A .PH#2425 - Application for Special Use Permit for the parking of one commercial vehicle with a gross vehicle weight of 19,000 pounds plus or minus on property located at 1 Belinda Lane in an R-33 District, Map 53, Lot 289, John Shepard, Applicant/Owner. (must close by 3/11).
Kathleen and John Shepard appeared before the Commission regarding this application.
Mr. Shepard stated they assisted the Commission in helping to create a new ordinance for truck parking in the Town of Enfield. He personally does not fit within the new requirements and this is an application for a special permit regarding the parking of his truck at 1 Belinda Lane.
Mr. Shepard stated he has met all the obligations listed in the ordinance. Mrs. Shepard noted she previously submitted photos to the Commission and she also brought in enlarged photos for the Commission's information.
Commissioner Duren stated he has visited this site a couple of times and felt this is an ideal situation for the particular vehicle. The screening is great and there is no annoyance to any neighbors. The Shepard's have also submitted letters from their neighbors.
Chairman DiPace commented that when the Commission initially drafted these regulations, it was difficult to see the end results. He felt the way the Shepard's have presented their application is exactly what he was looking for and should be an example for future applications.
Mr. Shepard added there is no mechanical work or loading or unloading on his property. He does sales by trade and the truck is a sales truck used in his livelihood. He noted they have submitted letters from the neighbors abutting their property and there are no noise factors or traffic safety hazards.
Commissioner Egan felt this applicant has done an excellent job in the presentation. The whole purpose of the regulations was to go after the areas of abuse and this is not one of them. Commissioner Egan asked if there will be any solvents or acids stored in the truck since pressure washing is part of this business. Also, does Mr. Shepard service the equipment and provide the supplies or does he actually do the power washing. Mr. Shepard responded he sells and does not service commercial pressure washing equipment to industries including the Town of Enfield. He also sells parts for the washers and, occasionally, floor care equipment. There is detergent present on his truck. The DEP and the Department of Motor Vehicles require that you have special paperwork if you are carrying any sort of caustics or acids. Mr. Shepard confirmed those types of chemicals are not present on his truck. They have to be shipped directly from the company to the customer. They do not do any of the pressure washing labor but only sell the equipment.
Mr. Giner stated this application has met all the technical requirements for a special permit.
Commissioner Duren asked if the Commission was going to require the VIN number for the truck. Mr. Giner stated the applicant has specified the type of vehicle and the gross vehicle weight. If someone wants to have the exact same type of truck in the future, there should not be a requirement for another application. If the application was tied to the VIN number, this would require a new application for each new truck in the future.
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 Weseliza, to approve PH#2425 - Application for Special Use Permit for the parking of one commercial vehicle with a gross vehicle weight of 19,000 lbs. + on property located at 1 Belinda Lane in an R-33 District, Map 53, Lot 289, John Shepard applicant/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 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 a 1999 Freigthliner having a Gross vehicle weight of 19,000 lbs, with a length of 22 feet, a width of 7 feet and a height of 11 feet. Any changes to the vehicle specifications as approved shall require a new approval by the Commission.
4. The vehicle shall be parked as indicated on the application record.
5. All landscaping and screening for the vehicle shall be maintained as indicated on the application record.
6. No hazardous materials or waste may be stored in the commercial vehicle.
7. No maintenance or repair of the commercial vehicle shall be allowed on the residential property.
8. There shall be no loading or unloading of commercial vehicles between the hours of 9 p.m. and 7 a.m.
9. The operation of this commercial vehicle shall comply with the Town's Noise Ordinance.
10. This permit is valid only as long as the commercial vehicle is owned or operated by the permanent resident of the property on which it is to be parked.
11. The use describe herein shall commence by February 5, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
12. 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 Alternate Lefakis voting.
b. PH#2426 - Modification of previously approved Special Use Permit for a facade modification for a proposed Old Navy store to be located at Enfield Commons, 25 Hazard Avenue, in a BR District, Map 45, Lot 8, SEA Enfield Commons, LLC, applicant/owner.
Attorney Susan Hays of Updike, Kelly and Spellacy and Leslie Cohen from Enfield Commons, LLC, appeared before the Commission regarding this application.
Attorney Hays stated a few meetings ago she discussed with the Commission some modifications to the facade for Old Navy at Enfield Commons which the Commission allowed to be approved administratively. At that point, they did not have any intention to do anything other than move the doors and the windows. The tenant subsequently requested some modification regarding the colors. Attorney Hays stated Old Navy's colors are blue and gray. Attorney Hays informed the tenant that such colors would not be acceptable at this location. They viewed the facility and the tenant requested colors similar to those at Barnes and Noble.
Attorney Hays stated she is requesting approval for Old Navy to use the same colors on their facade as those at Barnes and Noble. She presented a rendering showing the colors. She noted it is essentially just the accent area of the facade that will change. Following a question from Commissioner Hickey about the color of the letters, Leslie Cohen stated the letters are white and they may have a navy border. Attorney Hays stated a sign permit was issued for this facility on December 16, 2003. Mr. Giner confirmed the colors are earth tones.
Chairman DiPace stated it is the intent of the Commission to keep the same color scheme for this plaza. Ms. Hays stated they have told the tenants to keep their colors in the same tones. These are obviously large tenants and because they are large, they want something just a little bit different so they stand out.
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 Lefakis, to approve PH#2426 - modification of previously approved Special Use Permit for a facade modification for a proposed Old Navy store to be located at Enfield Commons, 25 Hazard Avenue in a BR District, Map 45, Lot 8, SEA Enfield Commons LLC, applicant/owner. This approval is subject to conformance with the application record and the following conditions:
1. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns.
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 owners of the property. Proof of such filing shall be in the file prior to the issuance of any permits.
3. 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.
4. This project shall be constructed and maintained in accordance with the submitted plans entitled: "Old Navy Shell Plans, Enfield Commons, Enfield, CT, Proposed Storefront Plan and Elevation Former RX Place", Sheet SK1 dated 12/10/02 by Pullman Architects. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
5. A building permit for the construction of facilities as approved must be obtained by February 5, 2005 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
The motion was approved by a 7 - 0 - 0 vote with Alternate Lefakis voting.
OLD BUSINESS
a. PH#2421 - Petition for a Zone Change from Business Local (BL) to Business General (BG) for property located at 481 Enfield Street (a/k/a Serv-U Plaza), Map 33, Lot 256, LIA Auto Group, Applicant/Enfield Street Properties, LLC, Owners. (Must close by February 19).
Commissioner Lefakis abstained from this application because he was not present for the full hearing. Commissioner McGill will be the Voting Alternate.
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to approve PH#2421 - a zone change from Business Local (BL) to Business General (BG) for property located at 481 Enfield Street.
Commissioner Egan stated based on a review of the application and based on a review of the Plan of Conservation and Development, he cannot support this zone change. It would be pushing further into the residential areas and it is not in compliance with the Plan of Conservation and Development as far as enhancing Enfield Street as the Plan outlines.
Commissioner Egan stated when car dealerships were introduced to the Town of Enfield, it was the wisdom of the Commission then to confine them to Palomba Drive. Since then, there have been some changes which he did not support. He saw a need to say enough is enough because the town does not need more paved parking lots of new and used cars. Commissioner Egan felt to change this area to a parking area is not consistent with the position of creating jobs in the Town of Enfield. He felt the opportunities for development with the current zoning would be greater for this purpose.
Commissioner Egan stated the State Legislature did pass Public Act 2-74 which states the Planning and Zoning Commission, in making the decision on a zone change, shall take into consideration the Plan of Conservation and Development and shall state on the record its findings on the consistency of the proposed establishment change or repeal of such regulations or boundaries with such plan. On that basis, Commissioner Egan stated he will not vote in favor of this application.
Chairman DiPace stated Palomba Drive, when it was originally designed, was intended for automobile dealerships. Since then, a restaurant went in there that has since closed and was replaced by a jewelry store. There is a real estate business, a U. S. Government post office, a professional building and shopping malls down the end. The intent was good and the Commission should have put their foot down and said no to everything else that wanted to go on car alley. Instead they allowed other uses to move in along with the car dealerships and there is insufficient room in the town for the new car dealerships. Chairman DiPace noted the lack of a Chevrolet dealership in the town.
Chairman DiPace thought about what was at this location prior to Serv-U locating here. Serv-U cleaned up the site and made it look as good as it is right now. Prior to that, there was a roller skating rink and there were gangs from Hartford and Springfield coming to Enfield with their associated problems. Chairman DiPace does not think that will be the case with a car dealership at this location.
Chairman DiPace stated he has looked at the Artioli Dodge site and has driven down the area streets behind Artioli Dodge. He did not feel you see the lights until you come down the street and approach Artioli Dodge because of the treed screening. There is also a building that blocks some of the area. He noted LIA will need to come back for a special use permit and if the application is carefully planned and there are the necessary restrictions to protect the residents, the business could operate there. He also envisioned this car dealership being in Enfield for quite some time which will avoid the problems of the past.
Chairman DiPace stated this site has been a business use and, in his opinion, approving this application and the related special use permit with strict conditions to protect the residential neighborhood, will improve this site. He will vote in favor of this application.
Commissioner Duren stated there is another consideration he would give. He questioned where else such car dealerships would locate in the town and noted the buildings still stand where they used to exist on Enfield Street. There is the thought that this may bring people back to Enfield Street and to downtown Thompsonville.
Commissioner Hickey stated he would concur with Chairman DiPace's remarks and add that, in his opinion, from a planning and zoning standpoint, the change to Business General is in keeping with the adjacent zoning and not creating a new zone in the middle of the area. It is continuing the zone to the north.
Commissioner Egan stated going north, it would be expanding and getting closer to the residential areas. If you look at the map, the zone would be moving down further into the residential area. Second, consideration has to be given to the types of businesses that could locate in a Business General zone. The car dealership may be there or may not be there. Changing the zone would open the area up to other types of businesses that might not be acceptable in the future. Commissioner Egan reiterated the key component is the Plan of Conservation and Development. There were neighborhood meetings in the preparation of this Plan and this was one of the neighborhoods the Commission interviewed. There was great concern about having a gateway to the Town of Enfield so that when people entered the town coming off I-91, it showed that residents were proud of their town. There were recommendations to convert the existing residential structures to offices. Commissioner Egan stated getting off the highway, entering Enfield and seeing all these used cars is not what he envisioned.
Commissioner Egan noted the comments made about the Commission having control if the zone is changed. He stated the Commission did that at the Volkswagen dealership and they parked in the road. Artioli Dodge demolished a building without having the necessary permits. He did not have confidence in that argument that this Commission will follow up. By changing the zone, he felt it will create more problems.
Commissioner Egan added that at the hearing, there were approximately two hundred residents that had signed a petition against this zone change. He added the Plan of Conservation and Development that this Commission passed indicates that where there remains stretches of residential zoning along the roadway, future zone changes should only be considered when a majority of the remaining residents are in support and when the individual sites are assembled to meet minimum lot standards of the commercial district. Commissioner Egan felt the zone should only be changed when the majority of the remaining residences are in support and they are not in support of this zone change. He urged Commission members to reconsider their support for this application.
Commissioner Weseliza stated this area is part of the entrance way into Enfield. It is not going to change unless this Commission makes a concerted effort to change it to something more appealing. She understands there is a car dealership next door and she had no particular problem supporting an application from a person who lives in Enfield and has had his business in Enfield for many years. This applicant has businesses in another part of town and has an opportunity to do business in Enfield. Commissioner Weseliza stated she was not in support of this application.
Commissioner Lefakis stated while he will not be voting on this application and he has no idea what the vote will be, there is a reference in the application to where the zone boundary will be. He suggested if there is a change of zone, that the zone boundary should be along the property line and not in the street so that it keeps the buffer yard on this property. There is a lot of vegetation along the fence that is well established along the back which could make a good buffer if there is a zone change and could possibly be enhanced. Chairman DiPace confirmed this proposal for a zone change includes the boundary on the property line. Mr. Giner also confirmed that the proposed zone line will follow the property line.
Chairman DiPace commented while he understands the comments about Palomba Drive and this area being a gateway, he noted twenty years have elapsed and nothing else has come in that wants to locate on Enfield Street. There are also several other closed up buildings and it is clear that there is a need to rejuvenate the area and bring people back to it. He could not envision waiting another twenty years to see if someone else will come along and want to do something with this rather large property. Chairman DiPace added the Commission may not see something like this for a very long time.
Chairman DiPace stated regarding the town's Master Plan of Conservation and Development, it was designed by this Commission for this Commission. The whole purpose of having it is it is the Commission's plan and when the time comes to change it, it is at this Commission's discretion. If no changes could be made to the Plan, it would make it very difficult for anyone to come into this town.
Chairman DiPace stated he has been on this Commission for sixteen years and he noted a need for Commission members to be open minded and to consider the overall picture. When he first came on this Commission, he had to take an oath to do what was best for the town. He noted this is no longer done but in order to help rejuvenate upper Enfield Street, this would be part of it. He noted the Commission will have to work hard to make sure the application works with the existing residential neighborhood and he felt it can happen.
Commissioner McGill stated if this application is approved, the concerns raised by the residents could be addressed during the special use permit. Chairman DiPace discussed the special use permit process.
Commissioner Egan stated when he said the Legislature passed Public Act 2-74, he thinks Commission members missed his point. It reads: in making its decision, the Commission shall take into consideration (not may) and Commissioner Egan noted this is what the people wanted. The Plan was passed. Until the Plan changes and there are public hearings held, the Plan is as it is. The Public Act states the Commission shall take this into consideration.
Chairman DiPace stated the key word is consideration. That has been the written rule for years and is not something new. The Commission has stated reasons for their changes. Commissioner Egan stated this Public Act was passed October 1, 2002 and is a new public act.
Chairman DiPace asked Mr. Giner if this is something completely new or something that has been followed in the past. Mr. Giner stated it is new legislation. It was his opinion that commissions in the past have taken the Plan into consideration. The law attempts to say they shall be consistent with the Plan of Conservation and that was watered down to say that Commissions are required to take it into consideration. Mr. Giner confirmed the language is brand new and prior to that there was no such requirement.
Commissioner Hickey stated no one on the Commission takes any zone change before them lightly and it is looked at very closely.
The motion was approved by a 4 - 3 - 0 vote with Alternate McGill voting. Commissioners DiPace, Duren, Hickey and McGill voted in favor; Commissioners Egan, Krebs and Weseliza voted against.
The reason for approval is the zone change will be compatible to abutting frontage along Route 5.
b. SPR#1245 - Application to place Nailite panels (imitation hand-cut stone) on exterior facade. Also, placement of two (2) awnings on exterior entrances as well as additionally two (2) signs above windows facing Alden Avenue, one entrance (facing Alden Avenue) permanently closed, at 4 Alden Avenue, zoned TV, Map 27, Lot 99, Jan Fijolek, Applicant/Owner. (Deadline for Decision - February 19, 2004 meeting. No more extensions possible.)
The applicant requested that this application be continued to February 19, 2004 while he pursues options with the Enfield Revitalization and Strategy Commission. Following concerns from Commissioner Duren, Mr. Giner acknowledged only one meeting will remain regarding this application. If there is not an adequate solution presented at the next meeting, the application can be denied without prejudice at the February 19 meeting and resubmitted at a later date.
NEW BUSINESS
a. SPR#1255 - Application for addition of 3,520 square feet building; without additional parking and bituminous paving at 1518 Old King Street, zoned R-44, Map 18, Lot 263, Catherine E. Perill, Building Comm. Applicant/Calvary Presbyterian Church of Enfield, Owner.
Catherine Perill, a member of the Calvary Presbyterian Church, and Wayne Degath, an architect representing the church, appeared before the Commission regarding this application.
Commissioner Duren requested the architectural plans for this application. Chairman DiPace added the requirement is eleven copies shall be submitted. He suggested continuing this application to the next meeting because the Commission has not reviewed the plans and they have not been submitted to town staff.
Ms. Perill stated she received a copy of the memo from the Town Engineer and she forwarded a copy to their engineer, Kiram Majmudar.
Mr. Giner stated there was a slight discrepancy with the number that the engineer calculated regarding the impervious area and the Town Engineer's calculations. The Town Engineer's was 1,300 square feet rather than 1,334 square feet. He asked that the applicant clear that up before the next meeting.
Commissioner Duren requested that a north arrow be included on the plans.
Mr. Degath stated currently on the site there are two buildings connected by an enclosed corridor approximately ten feet wide located between the two buildings. The intent is to demolish that connector and expand it.
Commissioner Lefakis requested confirmation that the top sequence is the site that would be facing Route 5 and the next one is facing Old King Street. Mr. Degath confirmed that is correct.
Mr. Degath stated the intent is to use the same roof material. The outside material would also match the existing siding and brick.
Mr. Degath stated the area is currently a hallway between the two buildings. The church has some problems with interior circulation at this facility. They are expanding it and there is a nursery that would be used during religious services and events and there are two meeting rooms. Mr. Degath stated presently the members come out into a very small area and there is no room for people to circulate through the building.
Ms. Perill stated the plans also include the addition of an elevator.
Commissioner Egan asked if the parking requirements would still be met with the proposed addition. Mr. Giner stated the parking schedule shows a requirement of 83 versus 123 existing. One of the questions the Town Engineer had was if existing parking spaces will be eliminated. The plans show the parking will remain the same but there is a removal of 900 square feet from the parking area. Mr. Giner suggested that the Commission be provided with the parking layout for their next meeting. Mr. Degath stated the intent is not to increase the impervious area.
Commissioner Krebs asked if skylights will be installed. Mr. Degath stated they will be installing skylights in an attempt to get some light into the interior.
Commissioner Duren asked if the Fire Department has had input regarding this application. Mr. Giner will check on this prior to the next meeting. Chairman DiPace continued this application until the February 19, 2004 meeting. (Mr. Giner scheduled a meeting with this applicant for next Wednesday at 11:00 a.m. to discuss the application details.)
BOND RELEASES
b. Request for de facto release of expired bonds per Finance Director
Mr. Giner stated this is the beginning of releasing the expired bonds as requested by the Finance Director. A discussion of some of the particulars of the bonds followed.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to close without prejudice the following bonds as recommended in the memo dated February 5, 2004 from Jose Giner:
SPR162 - Westvaco - $207,940 bond that shows expired on 9/12/1992;
SPR#221 - Dunkin Donuts, Brookside Plaza - $813.00 bond expired on 2/7/1987;
SPR#255 - John Harland - Shaker Road - $15,389 - bond expired in 1986;
SPR#447 - Carl Chevrolet - Letter of Credit for $190,000 expired on 10/16/1990;
SPR#807 - Pace Membership Warehouse - $122,000 bond expired in 1991;
SPR#817 - Windrose Restaurant - Bond of $5,000 expired in February, 1992;
SPR#871 - Bond of $23,970 expired in October of 1996.
The motion was approved by a 7 - 0 - 0 vote with Alternate Lefakis voting.
OTHER BUSINESS
a. Section 8-24A Referral for acceptance of Grandview Dive, 8-24B Referral for acceptance of open space, 8-24C Referral for acceptance of storm drainage easements and sanitary sewer easements.
Chairman DiPace stated there were some concerns at the last meeting regarding the drainage in the road. Mr. Giner stated the Town Engineer had recommended release of the bond because what needed to be done was covered with the maintenance bond that was replacing the main bond. The maintenance bond is now in place and it is sufficient to cover whatever remaining work needs to be completed.
Chairman DiPace read the memo received from John Cabbibo dated December 17, 2003 regarding Grandview Drive.
Commissioner Egan asked if the Commission has ever accepted a letter of intent and release the bond. Mr. Giner stated the Commission has, in this case, not released the entire bond. An amount of money remains as a replacement bond. Mr. Giner confirmed that this Commission would not accept a letter of intent.
Commissioner Duren made a motion, seconded by Commissioner Hickey, to approve Section 8-24A referral of acceptance of Grandview Drive, Section 8-24B referral for the acceptance of open space and 8-25C referral for the acceptance of storm drainage easements and sanitary sewer easements and recommend approval to the Enfield Town Council. The motion was approved by a 7 - 0 - 0 vote with Alternate Lefakis voting.
b. Discussion of A-frame Signs
Commissioner Duren stated when the Commission first discussed A-frame signs, there was some discussion about applicants registering in January with the Zoning Enforcement Officer for the year. There was a feeling that this procedure might save the Zoning Enforcement Officer some time if there was only that one window of opportunity to request A-frame signs.
Mr. Giner felt this procedure would be tough to enforce.
Commissioner Duren added if the Zoning Enforcement Officer had the applicant's names on his monthly calendar, it would help the process.
Mr. Giner was not in favor of only doing such A-frame sign requests in January because some people will not think of such a sign until a few weeks before an upcoming holiday.
Commissioner Krebs was in favor of applicants coming to the town in January with their date requests for A-frame signs. She concurred with Commissioner Duren that this was discussed previously by the Commission.
Commissioner Duren felt this would allow the Zoning Enforcement Officer to more easily regulate such signs.
Chairman DiPace stated his suggestion was such applicants could come in during the month of January but he did not mean that all requests had to be made in January.
Commissioner Lefakis noted there may also be a business that opens part way through the year and a January only request window would affect such businesses. He suggested a procedure where applicants could come in at any time during the year and make an application for the next twelve months. At that point, there could be some coordination between the existing applications.
Mr. Giner stated it would be to someone's benefit to come in and reserve space. However, he did not know if this should be forced upon applicants. He further discussed events that may not be anticipated.
Chairman DiPace stated the A-frame sign program should be run from January to January with such signs allowed five times between that time period. This would be the easiest way to monitor such signs.
Mr. Giner stated the proposal was no more than five such A-frame signs per year and such signs would be up no more than seven consecutive days. Mr. Giner also added a provision to remove such signs at night for security and safety reasons.
Some discussion followed regarding the fact that A-frame signs are not being allowed in the Business Regional Zone.
Commissioner Krebs asked if there will be any color requirements regarding such A-frame signs. Mr. Giner stated color can be controlled in the Business Regional Zone because uses are by special permit and there is criteria for architectural compatibility with other uses. With a site plan review, there is no control over color other than if such signs represent a safety issue.
Commissioner Krebs asked if balloons could be hanging from a sign. Commissioner Duren and other Commissioners suggested the addition of no streamers or other attachments to such A-frame signs. Chairman DiPace stated the Commission's intent is they do not want to distract drivers and create traffic hazards.
Mr. Giner stated he will send the proposed A-frame ordinance to CRCOG with the changes made and following that review, a hearing will be scheduled. Chairman DiPace suggested the hearing be on March 18, 2004.
Discussion of Signs
Commissioner Lefakis did not participate in this discussion.
Mr. Giner proposed allowing a sign for public uses that can be changed electronically but that stays the same from week to week. He distributed a drawing of what is proposed. Further discussion followed on the particulars of such signs.
Mr. Giner stated he had asked if these signs are allowed only for public uses, would the Commission be opening it up to commercial uses as well.
Commissioner Duren suggested allowing such signs for places that have assemblies. Mr. Giner stated with such an allowance, the cinemas would qualify for such a sign. Limiting the size would weed out some of the bigger uses but it will be difficult from a legal standpoint differentiating signage. Mr. Giner added the Supreme Court takes a dim view of differentiating different types of speech.
Discussion on Proposed Grading Regulations
Mr. Giner stated he will email Commission members the regulations from various towns on their grading requirements.
c. Applications to be accepted - The following applications were accepted by the Commission:
PH #2429 - Application for a Special Use Permit for beer & wine license at 95 High Street, Zoned TV, Map 25, Lot 6 Corleone's Café, LLC, Applicant/S&T Associates, Owner.
A public hearing will be scheduled for March 4, 2004. Chairman DiPace asked about the requirement for separation distances with such a special use permit request.
SPR #1256 - Application for addition of walk-in cooler at rear of Pizza Palace restaurant at 524 Enfield Street, Zoned BL, Map 33, Lot 65, Nikolaos Perrikos, Applicant/J. Balis, Owner (previously approved under SPR 1183 - approval time lapsed).
The consensus of the Commission was to allow Mr. Giner to approve this application administratively with the same conditions as the original approval.
ADJOURNMENT
Commissioner Weseliza made a motion, seconded by Commissioner Egan, to adjourn. Following a unanimous vote, the Commission adjourned at 9:11 p.m.
Respectfully submitted,
___________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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