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ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
JANUARY 8, 2004
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, January 8, 2004, in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Mayor Patrick Tallarita called the meeting to order at 7:30 p.m.
PRESENT: Anthony DiPace, Chairman
James Hickey, Jr., Vice Chairman
Jeffrey Cooper, Second Vice Chairman
Charles Duren, Secretary
Robert Egan
Karen Krebs
Karen Weseliza
Samuel McGill, Alternate
Mayor Patrick Tallarita (Chaired meeting until the Chairman was elected)
ALSO PRESENT: Jose Giner, Director of Planning
Election of Officers and Appointments to the Regional Planning Commission (RPC) of the Capitol Region Council of Governments (CRCOG)
Commissioner Hickey nominated Anthony DiPace as Chairman of the Enfield Planning and Zoning Commission. Commissioner Weseliza seconded the nomination.
Commissioner Cooper made a motion, seconded by Commissioner Duren, to close nominations. The motion was approved unanimously.
Anthony DiPace was elected Chairman of the Enfield Planning and Zoning Commission by a 5 - 2 - 0 vote. Commissioners DiPace, Duren, Cooper, Hickey and Weseliza voted in favor; Commissioners Egan and Krebs voted nay.
Chairman DiPace nominated James Hickey for Vice Chairman. Commissioner Cooper seconded the nomination.
Commissioner Duren made a motion, seconded by Commissioner Cooper, that nominations be closed. The motion was approved unanimously.
James Hickey was elected Vice Chairman of the Enfield Planning and Zoning Commission by a 7 - 0 - 0 vote.
Commissioner Weseliza nominated Jeffrey Cooper for Second Vice Chairman. Commissioner Hickey seconded the nomination.
Commissioner Duren made a motion, seconded by Commissioner Hickey, that nominations be closed. The motion was approved unanimously.
Jeffrey Cooper was elected Second Vice Chairman of the Enfield Planning and Zoning Commission by a 7 - 0 - 0 vote.
Commissioner Cooper nominated Charles Duren for Secretary. Commissioner Hickey seconded the nomination.
Commissioner Weseliza made a motion, seconded by Commissioner Hickey, that nominations be closed. The motion was approved unanimously.
Charles Duren was elected Secretary of the Enfield Planning and Zoning Commission by a 7 - 0 - 0 vote.
Chairman DiPace appointed Charles Duren to remain in his position as liaison to the Regional Planning Commission.
Commissioner Egan stated there was a question raised about whether Planning and Zoning Commission members or Inland Wetland members should be liaisons to such boards.
Commissioner Duren stated that was answered by the Town Attorney who said as long as Commission members vacated the meeting during any discussions regarding potential applications, they could be liaisons.
Chairman DiPace felt it is a good thing to have liaisons because if there is something early on that contradicts with the town's regulations, it opens up communications.
Following additional discussion, Chairman DiPace made a motion, seconded by Commissioner Weseliza, to appoint Nicles Lefakis as the Regular Member for CRCOG and Anthony DiPace as the Alternate Member for CRCOG.
The motion was approved by a 7 - 0 - 0 vote.
Mr. Giner distributed to the Commission copies of a Notice of Intent to Sue. This is not yet an actual lawsuit and Commission members are cited as public officials.
Mr. Giner reported a new Community Development Director will be starting in February coming from the Hyannis area.
Mr. Giner stated he will be working on the Commission's request to amend the subdivision regulations. His preliminary findings are that you cannot bond individual lots and he sited recent court cases confirming this. He found one town that does have it in their zoning regulations but not in the more limited subdivision regulations. If the Commission is concerned about grading and slope on individual lots, this needs to be included in the town's zoning regulations.
Commissioner Duren asked how do you work on something like subdivision grades when you have different slopes. Mr. Giner noted it is difficult to minimize changes in the natural topography. There are some towns that tried to do it. They do not prohibit things but in their regulations there are requirements that if you go over a certain slope, you have to have certain types of engineering solutions and certifications which discourage such items. Some towns use a building square and they define it as a rectangle of a certain dimension and state within that rectangle you cannot exceed a slope of a certain type and the house must be built within that rectangle.
Mr. Giner stated he has reviewed what other towns are doing and he gave some examples of that. He stated he will come up with some examples in the future for the Commission.
Commissioner Egan stated in going through the regulations, the bonding issue was an enforcement factor but in Enfield's regulations, they are required to submit a survey of what they actually finalized as the percentage of the slopes. Mr. Giner stated the way it reads is if they substantially change it, they need to file an as built, but all they have to do is file it. Once the Commission approves a subdivision, the only thing that requires people to come back is if it affects any public improvements. On individual lots, they do not have to come back for the Commission's approval. Once a lot is sold, changes can be made and individual homeowners don't have to come back to the Commission every time they change their property landscaping. If they do something that affects their neighbor's property, it is a civil matter. The Commission approves an envelope and a general grading plan and it does say grade to drain. Regarding the lot in question, Mr. Giner noted it states each lot to be as designed at the time of building permit. It also says grading and everything else must be shown as public improvements but the individual lot grading must be at the time of the building permit.
Mr. Giner stated 15% seems to be the maximum. There was another case that upheld the slope provisions of a regulation. Chairman DiPace suggested something similar should be included in Enfield's subdivision regulations. There could also be a provision for a waiver of that requirement. Mr. Giner stated it depends where the amendment would be added to the regulations. If it is included in the zoning regulations, it would not have the ability to be waived. There are certain items in the subdivision regulations that can be waived by a certain vote of the Commission. It has to be related to public safety and health and cannot be aesthetic. Generally, fifteen percent slopes have been upheld and Mr. Giner has not seen anything lower than that in any of the regulations or that has been tested.
Chairman DiPace requested that Mr. Giner prepare a proposal for the Commission to review regarding a change to the subdivision or zoning regulations regarding lot grading.
Commissioner Duren reported Commission members received the State of Connecticut Conservation and Development Plan. Mr. Giner stated it is also available on line. He is presently reviewing it.
Mr. Giner reported he attended the Town Council meeting on Monday. They considered the truck ordinance and tabled it for some additional review. Some people testified that they brought their trailer cabs and washed them in front of their homes and they asked staff if there was a way that a regulation could be implemented that would allow people with such trucks to park for an hour or two. Mr. Giner felt such a regulation would create an enforcement problem. The Town Council will consider this item again at their January 20, 2004 meeting. If a regulation is adopted, it would go into effect one month after it is adopted by the Town Council. Mr. Giner noted that under the Council's regulation, some pickup trucks could be parked in front of a house. He will provide the Commission with a copy of the proposed regulations.
Zoning Enforcment Officer's Report
Wayne Bickley appeared before the Commission and asked if the Commission had any specific questions regarding his written report. The Commission had no questions at this time.
Town Attorney's Report
Assistant Town Attorney Maria Stavropolous appeared before the Commission. She brought up the intent to sue mentioned earlier by Mr. Giner and informed the Commission that members are covered under the statute. The Town Attorney's Office will keep this Commission apprised of what occurs. If something is filed in a case like this, the procedure is that it will go to carrier counsel first under the town's insurance policy. Also, under the statute, any of the potential defendants would be sued in their official capacity as working for the town.
Regarding RYA, the town had been awaiting the trial court's articulation of the decision and has not yet received that. They will continue to check with the appellate court for receipt of this decision.
The second item, the Pappas case, was returned to the town from the carrier counsel and the town is now defending it. There is a briefing schedule and the town will be filing a brief.
The last item, the Petersen case, was officially withdrawn yesterday.
Commissioner Duren asked with the change in the state law, would Commission members be able to attend ART meetings. Attorney Stavropolous stated she will check on that and issue a response to the Commission.
CORRESPONDENCE
Chairman DiPace reported receipt of the American Planning Association magazine and the publication from CCM.
Chairman DiPace noted correspondence from the Lincoln Institute of Land and Policy discussing a seminar to be held on February 12, and 13 at the Lincoln House in Cambridge, Massachusetts.
Chairman DiPace discussed an article that appeared in Sunday's Hartford Courant regarding the changes in land use from 1985 to 2002. He noted Enfield is right in line with the other towns that are similar to it or in the immediate area. Enfield's growth as far as covered land over that time period was 24.8%. Other towns included East Windsor at 37.3%, Ellington at 25.7%, Somers at 23.7%, and Suffield at 20.1%. Mr. Giner stated this information is on line and he will email this link to Commission members.
Chairman DiPace reported receipt of the Zoning News and the PAS Memo. Mr. Giner noted this is the last published version of the PAS Memo. They will be going strictly electronic with future issues.
Chairman DiPace reported receipt of correspondence regarding the fishing access to the Connecticut River. He also received a letter from Reginald Leonard. Mr. Giner stated that was in response to Mr. Degenero's letter.
DISCUSSION OF BY-LAWS
Chairman DiPace noted under Article 10, Order of Business, there is no provision for Public Hearings listed and he recommended that item be added. Mr. Giner suggested the listing be Commissioners' Correspondence, Continued Public Hearings, New Public Hearings and Old Business. He further suggested moving New Business in front of Bond Releases.
Commissioner Duren made a motion, seconded by Commissioner Cooper, to revise Article X, Order of Business, in the Commission's By-Laws as follows:
Items a through i would remain the same.
j. Commissioners' Correspondence
k. Continued Public Hearings
l. New Public Hearings
m. Old Business
n. New Business
o. Bond Releases
p. Other Business
q. Adjournment
The motion was approved by a 7 - 0 - 0 vote. (Alternate McGill did not participate in this vote.)
Chairman DiPace noted that Public Participation is scheduled for the first meeting of the month. He led some discussion regarding whether to impose a time limit on public speakers when necessary due to a lengthy agenda. Chairman DiPace noted another alternative might be to have two public participation sessions, one at the beginning of the meeting and one at the end of the meeting if needed. Following additional discussion, it was the consensus of the Commission not to include anything in the By-Laws to limit public participation and to leave public participation to the discretion of the Chairman.
DISCUSSION OF GOALS FOR THE COMING YEAR
Mr. Giner recommended the Commission convene another meeting to discuss the status of the town's Plan of Conservation and Development which is the Commission's list of goals. At this meeting, members of the Town Council and other Town boards and commissions could be invited.
Commissioner Duren asked about the status of A-frame signs. Mr. Giner stated he will have a proposal to the Commission within the next month.
Commissioner Duren asked about storage trailers. There was also an item in one of the studies done that the Commission should delegate more responsibility to staff. Commissioner Duren noted someone was going to put together a proposal regarding how the Commission would do that.
Commissioner Duren also brought up the how to booklets that were going to be put together regarding going through Planning and Zoning and the Zoning Board of Appeals.
Commissioner Duren would like Commission members to receive an updated copy of the zoning regulations since the Commission has not been receiving copies of the revised or added amendments individually.
Commissioner Duren brought up holding some type of training sessions with the Enfield Zoning Board of Appeals. He noted such sessions were held in the past and were beneficial. Mr. Giner will set up some training sessions. Commissioner Duren suggested also including the Enfield Revitalization Strategy Commission in these sessions.
Mr. Giner will check on scheduling a town wide meeting on the Plan of Conservation and Development status for March 4 or March 11, 2004.
Chairman DiPace requested that Mr. Giner provide Commission members with information regarding the length of time of Commission members to determine which members qualify for twelve years of continuous service.
DISCUSSION OF BUDGET FOR COMING YEAR
Mr. Giner brought up the availability of funds for Commission training and he noted the American Bar Association offers a training session covering the basics. Mr. Giner will look into this and invite the land use boards and Enfield Revitalization.
ADJOURNMENT
Commissioner Weseliza made a motion, seconded by Commissioner Cooper, to adjourn. Following a unanimous vote, the Commission adjourned at 8:20 p.m.
Respectfully submitted,
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Charles Duren, Secretary
Enfield Planning and Zoning Commission
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