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THESE MINUTES ARE PRESENTED IN DRAFT FORM AND HAVE NOT BEEN FORMALLY APPROVED BY
THE ENFIELD PLANNING AND ZONING COMMISSION
OFFICIAL COPIES OF MINUTES WHEN APPROVED CAN BE OBTAINED FROM THE TOWN CLERK OR PLANNING OFFICE.
ENFIELD PLANNING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
FEBRUARY 2, 2006
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, February 2, 2006 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Anthony DiPace called the Regular Meeting to order at 8:00 p.m. following an Executive Session by the Commission.
PRESENT: Anthony DiPace, Chairman
James Hickey, Jr.
Charles Duren
Elizabeth Ballard
Jason Jones
Karen Weseliza
Nicles Lefakis, Alternate
Charles Ladd, Alternate
ALSO PRESENT: Jose Giner, Director of Planning
EXECUTIVE SESSION: 7:30 P.M. (Thompsonville Room on 2nd Floor)
a. Discussion of Pending Litigation
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to go into Executive Session to discuss pending litigation. The motion was approved unanimously and the Commission went into Executive Session at 7:30 p.m.
Commissioner Duren made a motion, seconded by Commissioner Weseliza, to come out of Executive Session. Following a unanimous vote, Executive Session ended at 8:00 p.m. Chairman DiPace announced there were no votes taken or decisions made in Executive Session.
REGULAR MEETING
Chairman DiPace designated Commissioner Charles Ladd as tonight’s voting alternate in Commissioner Cooper’s absence due to the death of Mr. Cooper’s grandmother.
MINUTES
Commissioner Jones made a motion, seconded by Commissioner Ballard, to approve the Minutes of January 12, 2006. The Minutes were approved by a 6 – 0 – 1 vote. Commissioner Weseliza abstained.
STAFF COMMENTS
a. Town Attorney
b. Zoning Enforcement Officer
Commissioner Duren noted receipt of some zoning permits by type and information regarding home occupations for last year. Commissioner Duren would still like the home occupations listed by street for the Commission’s information. While there was a report for one month, Commissioner Duren would like to see such reports on an ongoing basis.
c. Director of Planning and Community Development
CORRESPONDENCE
Chairman DiPace reported on the home next to Smoke and Leather on Hazard Avenue where the occupants were raising farm animals. He asked that the Zoning Enforcement Officer verify that the animals are gone and that there are no other violations at this location.
OLD BUSINESS
a. PH #2526 - Conditional Approval for a proposed 15-lot residential resubdivision at end of Meetinghouse Lane and north of Bridge Lane with a proposed road intersection with Bridge Lane at #44 Bridge Lane, zoned R-33, map 19, Lots 1 and 10; Margaret R. Pappas, Applicant/Owner.
Mr. Giner reported he spoke with Attorney Landolina yesterday regarding the pending legal opinion for PH#2526. The opinion will be received by next week.
This decision was tabled pending receipt of a legal opinion from Attorney Landolina.
b. SPR#1353 – Application for facade changes on building at 562 Enfield Street zoned BL, Map 33, Lot 3, Dunkin Donuts, Applicant/J. B. Balis, LLC, Owner.
Tony Gaetano, Springfield Road, Somers, appeared before the Commission regarding the proposed facade changes to the Dunkin Donuts at 562 Enfield Street.
Commissioner Duren verified that the proposal is to remove the pink awning all the way around the building with the exception of the drive-through. The drive-through awning is proposed to be replaced with a two color striped awning of orange and red. The drive-through awning would be 3’ x 8’ located over the drive-through only. Commissioner Duren was not in favor of the stripe proposed and he would prefer a solid color.
Chairman DiPace asked if the drive-through awning could be a solid color in one of the colors proposed. Mr. Gaetano stated what is proposed is what Dunkin Donuts is using now for most of their restaurants. Chairman DiPace stated this area abuts the gateway for the town from Longmeadow.
Mr. Gaetano offered to contact his awning supplier regarding the use of one color only. Commission members designated the burgundy color as their preferred color. Chairman DiPace stated the Commission will add a condition that the awning shall be one color only and if this cannot be done, the applicant would have to come back to the Commission.
Commissioner Duren made a motion, seconded by Commissioner Jones, to approve SPR#1353, application for facade changes at 562 Enfield Street, zoned BL, Map 33, Lot 3, Dunkin Donuts, Applicant, J. B. Balis, LLC, Owner with the condition that the awning of the drive-through be one color – the darker burgundy color presented to the Commission. The motion was approved by a 7 – 0 – 0 vote with Commissioner Ladd voting.
Commissioner Duren made a motion, seconded by Commissioner Jones, to take items out of order and add item 9a.l, Applications to be Accepted and Authorization for the Secretary to sign plans. The motion was approved by a 7 – 0 – 0 vote.
9.a.1. Applications to be Accepted and Authorization to allow Secretary to Sign Plans
The following applications were accepted by the Planning and Zoning Commission:
PH#2516.02 – Application for modification of plans previously approved to address conditions of Connecticut Department of Transportation Encroachment Permit – add second driveway on Elm Street (855 Enfield Street and 5, 7,9 and 11 Elm), zoned BL, Map 26, Lots #23, 24, 25, 26, 27 and portion of 118, A&L Troiano Family LLC, Applicant/Owner.
A public hearing will be scheduled for March 2, 2006.
PH#2540 – Application for Special Use Permit/Site Plan Review to modernize existing facade and revitalize landscape at Brookside Plaza, 10-38 Hazard Avenue, Map 56, Lot 22, Cubellis Associates, Agent for Equity One, Applicant/Equity One, Owner.
A public hearing will be scheduled for March 16, 2006.
PH#2541 – Petition to change 25+ acre parcel on east side of Powder Hill Road from R-88 to R-44 District, Powder Hill Road and Long Hollow Road, zoned R-88, Map #84, Lot #15 and 16, Powder Hill Sand & Gravel, LLC, Applicant/Owner.
A public hearing will be scheduled for March 2, 2006.
PH#2542 – Application for Special Use Permit with site plan review to widen the canopy and island eight feet at the drive-in window to cover the ATM Unit at 49 Hazard Avenue, zoned BL, Map 56, Lot #28, Borghesi Building & Engineering Co., Applicant, Mercury Realty Co., LLC, Owner.
A public hearing will be scheduled for March 2, 2006.
SPR#1355 – Application for real estate office at 2 Enfield Street, zoned BL, Map #35, Lot #109, American Dreams LLC, Applicant/Andie Silver, Owner.
The consensus of the Commission was to allow Mr. Giner to handle this item administratively.
Regarding the signing of plans for reuse of the former Allen Lawnmower site on Hazard Avenue, it was the consensus of the Commission that the applicant be required to add the town specifications, including the dumpster pad, and the location for the dumpster to the plans. Mr. Giner will inform the applicant of the Commission’s requirement that he add the dumpster plan details to the site plan.
Commissioner Duren made a motion, seconded by Commissioner Jones, for a recess to allow removal of video equipment. Following a 7 – 0 – 0 vote, the Commission recessed at 8:20 p.m. The Commission reconvened at 8:35 p.m.
OTHER BUSINESS
1. Discussion of Storage Trailers
Mr. Giner will send the proposed ordinance change on storage trailers to CRCOG. A public hearing regarding the proposed storage trailer ordinance change will be held on March 16, 2006.
2. Discussion of Proposed Front Porch Regulation
A public hearing regarding the proposed front porch regulation will be held on March 16, 2006. Chairman DiPace requested that Mr. Giner include the draft of the front porch ordinance in the next meeting packet for Commissioners’ information. Mr. Giner stated he will present the proposed ordinance to the Commission in legal format.
Chairman DiPace stated there have been many requests in the past for front porches. Unfortunately, the homes usually are built right at the 35’ setback allowing no room for an open air porch. The proposal is to allow an eight-foot open air porch within the 35’ setback. If the setback of the home is larger than 35’, residents would have no problem with adding such a porch.
Commissioner Jones stated screens would be allowed but windows would not be under the present proposal. He is not in favor of allowing screens because they would affect the front appearance of the homes. Following a brief discussion, the consensus of the Commission was to remove screens from the front porch definition.
Chairman DiPace asked that the ordinance include language that under no circumstances shall the Zoning Board of Appeals vary any part of this front porch regulation. Commissioner Duren discussed a lot of record request presently before the Zoning Board of Appeals and noted it was his understanding that such action could no longer occur. The request was for a side yard variance and yet the lot had not been split. Commissioner Duren questioned how a variance could be granted when the lot split has not been accomplished. Mr. Giner stated if the variance is not granted, the applicant would be unable to appear before this Commission to request the lot split.
Mr. Giner stated in the past the Zoning Board of Appeals did not act regarding the frontages and lot sizes controlled by the special permit process. With the side yard, this applicant is attempting to prove a hardship. Mr. Giner stated anyone has the right to file a variance request. Further discussion followed on the granting of variances and the need for the applicant to show that they don’t have a reasonable use of their property without a variance.
Commissioner Lefakis asked how existing porches would be affected by this ordinance change. Chairman DiPace stated this ordinance change is designed for homes with no front porches. Mr. Giner stated if someone already had a front porch behind the 35’ setback line, there would be nothing to prevent that owner from making that into a room legally as long as the building code was met. The owner could come in and apply for such a front porch. The owner would be allowed to build up to the building line and then he would have the extra eight feet for a front porch only.
Commissioner Lefakis stated some of the older homes have open porches now within 35’. He asked if they could screen in those porches. Mr. Giner stated anything that is pre-existing will be reviewed under the current regulations.
Chairman DiPace, after some discussion, requested that the ordinance change include the language: open air porch only on the first floor.
Regarding the proposed front porch ordinance change, Mr. Giner summarized that the Commission would like the language regarding allowing screens removed and language added that no section of this regulation may be varied by the Zoning Board of Appeals. Chairman DiPace stated the latter request would avoid applicants applying for windows or other enclosures on the porches in the future. He also reiterated his request that such open air porches be allowed only on the first floor. The Commission set a public hearing for March 16, 2006.
3. Discussion of other regulations
Mr. Giner stated he will present a draft to the Commission for the next meeting regarding through streets in order to close the existing loophole in the regulations. He further reported he is working on the subdivision regulations and when those are completed, he will be working on the grading regulations. Regarding the draft of the changes to the outdoor storage regulations, Mr. Giner will send a copy of that draft to the Commission. He cited the need for a workshop to further discuss the outdoor storage regulations.
Commissioner Duren asked about the aquifer protection plan. Mr. Giner stated the state is supposed to be scheduling workshops and he has a call in to the state regarding the deadlines for the aquifer protection plan for towns. He added these regulations were put in place sixteen years ago but the state has been slow in implementing them.
Mr. Giner also noted the need for a workshop session on possible changes to the outside display regulations.
4. Discussion of Extending Thompsonville Village District
Chairman DiPace discussed the positive actions to date regarding the stop at the Thompsonville train station. If this occurs, Chairman DiPace felt this will be a draw to the Thompsonville area and assist in its revitalization.
Mr. Giner stated in his review of the map of the Thompsonville area and, in particular the area of the furniture store that is currently for sale, the zone is Business General. The overlay is in place on top of that zone. Mr. Giner had a concern that Business General allows almost any type of business use and the parcel where the furniture store is located is not within the Thompsonville Village District.
Mr. Giner recommended a change to the zone to Business Local to be compatible with the area across the street. He presented a map to the Commission showing the zoning in the immediate area. Following a review of the map, Commission members recommended extending the Thompsonville Village District to both sides of High Street. Mr. Giner stated Mr. Alsbaugh and a consultant are presently working on this area.
Commissioner Duren remembered past discussions of the Thompsonville Village District where an extension to Whitworth Street was proposed.
In response to Commissioner Jones’ recommendation to include both sides of High Street, Mr. Giner noted that the overlay zone is presently in place on both sides. Commissioner Jones questioned why not allow the Thompsonville Village District on the other side of Route 5. Mr. Giner stated this would be the first time Route 5 was crossed.
Commissioner Ballard had a concern about the Thompsonville Village District extending only so far and then skipping some significant areas.
Chairman DiPace proposed the Village District extend down Enfield Street and up Alden Avenue to Church Street. Commissioner Jones was also in favor of such an extension. Mr. Giner will review the possibilities raised this evening in order to make sure that such actions would not be interfering with any current improvements.
It was the consensus of the Commission that Mr. Giner proceed with a possible change of zone to the area of Route 5 from the Enfield Town Hall to High Street that is presently zoned Business General. Mr. Giner will report back to the Commission with recommendations. Further discussion followed on the incentives provided to businesses by the overlay zone currently in place. Commissioner Duren asked about the architectural specifications presently being worked on by town staff.
ADJOURNMENT
Commissioner Weseliza made a motion, seconded by Commissioner Ballard, to adjourn. Following a unanimous vote, the Commission adjourned at 9:00 p.m.
Respectfully submitted,
____________________________
Charles Duren, Secretary
Enfield Planning and Zoning Commission
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