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ENFIELD PLANNING AND ZONING COMMISSION
REGULAR MEETING
THURSDAY, JULY 6, 2006 - 7:30 P.M.
OLD SENIOR CENTER (Community Center),
100 HIGH STREET - ENFIELD, CT
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NOTICE OF ACTIONS
THE MEETING WILL ADJOURN AT 11:00 P.M.
REGULAR MEETING 7:30 P.M.
1. Call to Order & Pledge of Allegiance: Chairman DiPace called the meeting to order at 7:37 p.m.
2. Roll Call: Present were Anthony DiPace, Chairman and Commissioners Jeffrey Cooper, Charles Duren, James Hickey, Jr., Karen Weseliza, Kathleen Sarno, Alternate, and Charles Ladd, Alternate. Commissioners Sarno and Ladd were seated as voting members
3. Approval of Minutes – May 18 and June 1: A motion was made by Commissioner Hickey and seconded by Commissioner Cooper to approve the minutes of the meeting of May 18, 2006. Vote was 7-0-0. A motion was made by Commissioner Cooper and seconded by Commissioner Hickey to approve the minutes of the meeting of June 1, 2006. Vote was 6-0-1(Sarno).
4. Staff Comments
a. Town Attorney (in person) The Town Attorney was not present. No report.
b. Zoning Enforcement Officer (written): No Report.
c. Director of Planning: A motion was made by Commissioner Hickey and seconded by Commissioner Cooper to add two items to the agenda under “Other Business” and move current item a. Applications to be accepted, to c. New items to be added: a. Brookside Plaza façade; b. Bonding Regulation changes. Vote was 7-0-0.
5. Public Participation
6. Correspondence: No votes taken.
7. Commissioner’s Correspondence
a. Discussion on McDonalds in Scitico Plaza landscape substitution: No vote taken.
b. Discussion on Happy Times Preschool at 133 Post Road: No vote taken.
8. PUBLIC HEARINGS - Continued from June 15, 2006 meeting
a. PH#2550 – Amendment to the Enfield Zoning Regulations, Section 12.20, Enforcement and Administration, to require as-built surveys for foundations before allowing framing to begin and to set requirements for such surveys, Staff Initiative. (No Deadline) This item was tabled.
b. PH#2554 – Application for a Special Use Permit for division of merged lots on the south side of Fairview Avenue, adjacent to the railroad, zoned R-33, Map 20, Lots 90, 344, 345, 346, Mark and Edward Spazzarini, Applicants/Robert F. Kelliher and Donald A. Fortin, Owners. (Must close by July 6) A motion was made by Commissioner Weseliza, seconded by Commissioner Hickey to accept letter of withdrawal without prejudice. Vote was 7-0-0.
READING OF THE LEGAL NOTICE
9. PUBLIC HEARINGS - NEW
a. PH #2565 - Subdivision for 7 lots on 17.3 acres with public water and sewer situated at 78 Post Office Road on the south side of Post Office Road and the north side of Oliver Road (Map 47, Lot 10) R-44 and I-1 zones - Marilyn Tyler, Cons. For John Mokrycki, Jr. applicant/owner. (Must close by July 20) This public hearing was closed. A motion was made by Commissioner Duren and seconded by Commissioner Sarno to approve PH#2565 with conditions. Discussion followed and additional motions were made.
A motion was made by Commissioner Duren to waive the requirements for sidewalks curbing. Vote was 7-0-0.
A motion was made by Commissioner Duren and seconded by Commissioner Cooper to waive the sidewalk requirement. Vote was 7-0-0.
A motion was made by Commissioner Duren and seconded by Commissioner Cooper to waive the requirement for street trees along Oliver Road to avoid disruption within the wetland regulated areas. Vote was 7-0-0.
A motion was made by Commissioner Duren and seconded by Commissioner Hickey to accept the fee-in-lieu of Open Space, based on the recommendation of the Town Planner. Vote was 7-0-0.
A motion was made by Commissioner Duren and seconded by Commissioner Weseliza to approve reduction of application fees to $280. Vote was 7-0-0.
Vote was then taken on Commissioner Duren’s original motion, seconded by Commissioner Sarno TO APPROVE PH #2565 - Subdivision for 7 lots on 17.3 acres with public water and sewer situated at 78 Post Office Road on the south side of Post Office Road and the north side of Oliver Road (Map 47, Lot 10) R-44 and I-1 zones - Marilyn Tyler, Cons. For John Mokrycki, Jr. 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:
“Sunny Brook Farms, Subdivision Plan Prepared for John Mokrycki, Jr., Marilyn Tyler, Conservatrix, Post Office Road & Oliver Road, Enfield, Connecticut” Sheet 1 of 2, Scale: 1”=40’, by J.R. Russo & Associates, dated 5-31-06, revised to 6-13-06.
“Sunny Brook Farms, Subdivision Plan Prepared for John Mokrycki, Jr., Marilyn Tyler, Conservatrix, Post Office Road & Oliver Road, Enfield, Connecticut” Sheet 2 of 2, Scale: 1”=40’, by J.R. Russo & Associates, dated 5-31-06, revised to 6-13-06.
“Sunny Brook Farms, Site & Location Plan, John Mokrycki, Jr., Marilyn Tyler, Conservatrix, Post Office Road & Oliver Road, Enfield, Connecticut.” Drawing 1 of 2, Scale: “Noted”, by L.P. Consultants, dated 5-31-06 and revised to 6-13-06.
“Sunny Brook Farms, Site Plan, John Mokrycki, Jr., Marilyn Tyler, Conservatrix, Post Office Road & Oliver Road, Enfield, Connecticut.” Drawing 2 of 2, Scale: “Noted”, by L.P. Consultants, dated 5-31-06 and revised to 6-13-06.
Conditions to be Met Prior to Signing of Mylars:
1. The Town Engineer shall review and approve the final plans.
2. Water Pollution Control review and approval required prior to signing of final plans.
3. The Final Mylars shall contain the application number “PH #2565” prominently displayed on each sheet above or near the Title Block.
4. The applicants have chosen to offer a fee–in-lieu of Open Space. The appraisal for the pre-development value of the property is $170,000 resulting in a total payment of $17,000 as fees-in-lieu of Open Space. A note shall be placed on each lot on the mylars stating that a $2,429 per lot fee is owed to the Town of Enfield prior to the first sale of each lot.
5. All mylars submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
6. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of this approval motion shall be incorporated onto the final mylars prior to the signing of the mylars.
Conditions to be met prior to the issuance of permits or start of construction:
7. Two sets of final mylars, with any required revisions incorporated on the sheets, shall be submitted to signature to the Commission. One set of signed mylars shall be filed with the Town Clerk and one set shall be retained by the planning department.
8. Final plans reflecting the approval of the Commission shall also be submitted in a digital format prescribed by the Director of Planning.
9. 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.
10. Erosion controls will be required for building permit approval of each individual lot.
Conditions which must be met prior to the Issuance of a Zoning 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. No certificates of compliance shall be issued until the Enfield Water Pollution Control Division has inspected and approved the sewer connection for the project.
13. No certificates of compliance shall be issued until the Water Company has inspected and approved the water delivery system for the project.
General Conditions:
14. 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.
15. This project is subject to conditions of approval from the Enfield Inland Wetlands and Watercourses Agency filed separately in the Planning Department.
16. 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. Vote was 7-0-0
10. Old Business
a. PH#2553 – Special Use Permit and Site Plan Review for change of nonconforming use to construction and electrical contractor’s yard with site location for permanent storage areas at 167 South Road, zoned I-1, Map 55, Lot 81, Matthew Auchy, Applicant/Owner: Tabled.
11. New Business
a. SPR #1373 - Application for change of use to middle unit at 71 Hazard Ave., (formerly orthodontist office) to Beauty Salon for 4 stylists Zoned BL, Map 56, Lot 36, Erin Handfield, Applicant/Glen Toner & Dale Roberts, Owners. A motion was made by Commissioner Duren and seconded by Commissioner Weseliza TO APPROVE SPR #1373 - Application for change of use to middle unit at 71 Hazard Ave., (formerly orthodontist office) to Beauty Salon for 4 stylists Zoned BL, Map 56, Lot 36, Erin Handfield, Applicant/Glen Toner & Dale Roberts, Owners. Vote was 7-0-0.
After discussion of SPR #1316.02, Commissioner Duren modified his previous motion and Commissioner Weseliza modified her previous motion on SPR #1373 to include the following conditions:
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:
“Floor Plan, Middle Unit, 71 Hazard Ave.” undated.
General Conditions:
1. 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.
2. This project shall 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.
3. 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. Vote was 7-0-0.
b. SPR #1316.02 - Application to relocate a cardboard dumpster to a location which has been approved by Fire Marshal at 54 Hazard Avenue for 99 Restaurant, Zoned BR, Map 56, Lot 26, Michael Amato, Applicant/Hazard Avenue Associates, Owners. A motion was made by Commissioner Duren and seconded by Commissioner Cooper to approve SPR 1316.02 with the conditions outlined in the memo dated July 6, 2006 from Jose Giner, Town Planner. Vote was 7-0-0.
This approval is subject to conformance with the submitted plans, as may be required to be modified by this motion, and the following conditions:
General Conditions:
1. The dumpster shall be constructed on a pad that meets the Town of Enfield’s minimum standards.
2. The dumpster shall be screened in a similar fashion as the existing dumpster next to the building.
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 maintained in accordance with the referenced plans. Minor modifications to the approved plans may be allowed in accordance with the regulations, subject to staff review and approval.
5. 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.
12. Bond Releases
a. SPR #1368 - Request by Dan Roulier Builder for release of Engineering Bond in the amount of $127,800 and Erosion & Sediment Bond in the amount of $7,200 for the Medical Building on 170 Hazard Ave. No action.
b. PH #2485 - Request by Hazardville Water for release of Site Bond (combined with erosion and sediment for 1 bond) in the amount of $18,610 for Bucken Road Water Storage Tank (off Marion Place) A motion was made by Commissioner Duren and seconded by Commissioner Cooper to recommend release of bond. Vote was 7-0-0.
13. Other Business
a. Brookside Plaza Façade: A motion was made by Commissioner Duren and seconded by Commissioner Hickey to handle this matter administratively. Vote was 7-0-0.
b. Bonding Issues: After discussion, it was the consensus that a change in bond requirements would help and encourage smaller businesses. This matter is to be added to the agenda of September 7, 2006.
c. Applications To Be Accepted
PH #2562.02 - Request for minor modification of approved plans for addition of ramp for cars to enter rear installation area (stereos, radios, etc.) at 130-136 (State Line Plaza), for Circuit City, Zoned BR, Map 57, Lot 29. Attorney Susan Hays has requested Administrative Approval. It was the consensus of the Commission to allow the Director to approve this administratively.
PH #2566 - Petition for a zone change for property located at 10 Scitico Rd., from R-33 to BL at 549 Hazard Ave., Map 101, Lot 205, David Liebman, Applicant. A public hearing is scheduled for September 7, 2006.
SPR #1376 - Request for site plan review to construct an 18,900 sq. ft. addition to their existing manufacturing and office facility as well as the extension of the parking area and necessary site improvements at 4 Peerless, Zoned I-1, Map 94, Lot 69, Associated Builders, Applicant/Senior Operations, Inc., Owner. It was the consensus of the Commission to add this item to the meeting of July 20, 2006 if the IWWA has approved it. Otherwise, it will be scheduled for the meeting of September 7, 2006.
SPR #1377 - Request for modification of plans previously approved to existing business site at 109 Elm St., Zoned BG, Map 43, Lot 7, AAA-Allied Group, LLC, Applicant/Owner. This application will be heard at the meeting of July 20, 2006.
14. Adjournment: A motion was made by Commissioner Hickey and seconded by Commissioner Weseliza to adjourn the meeting at 9:45 p.m. Vote was 7-0-0. |