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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 PLANNIING AND ZONING COMMISSION
MINUTES OF A REGULAR MEETING
SEPTEMBER 7, 2006
A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, September 7, 2006, 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
Elizabeth Ballard
Jeffrey Cooper
Charles Duren
Kathleen Sarno, Voting Alternate
Nicles Lefakis, Voting Alternate
Charles Ladd, Voting Alternate
ALSO PRESENT: Jose Giner, Director of Planning
Chairman DiPace led the Commission in a moment of silence in honor of Marine Philip Johnson who was killed in action this past week.
MINUTES
Commissioner Duren made a motion, seconded by Commissioner Cooper, to approve the Minutes of June 15, 2006. Commissioner Duren noted the Chairman is listed twice in those present.
Commissioner Duren stated on page twelve there was a condition added in paragraph six of these minutes. The conditions were not required to be listed on the plans and the notice was sent to the applicants as presented without this addition. Commissioner Duren noted he had to sign the plans because this was not required to be on there as one of the conditions listed. Commissioner Duren asked Ginny to make the Zoning Enforcement Officer aware of this. Commissioner Duren expressed a concern about the need for conditions to be listed on the mylars or any paper plans submitted to avoid any future problems. Mr. Giner stated the added condition should have been included in the Notice of Action and Mr. Giner will check on this. The Minutes, as amended, were approved by a 7 – 0 – 0 vote with all Alternates voting.
Commissioner Duren made a motion, seconded by Commissioner Cooper, to approve the Minutes of July 20, 2006. The Minutes were approved by a 6 – 0 – 1 vote. Commissioner Ballard abstained.
STAFF COMMENTS
a. Town Attorney (in writing)
b. Zoning Enforcement Officer (in writing)
Commissioner Cooper expressed a concern about the various car dealerships violating the zoning regulations when they have a sale or event. This particularly involves parking on the median areas. Mr. Giner stated later in the evening the Commission will be discussing zoning fines. He stated temporary events are over by the time a cease and desist order is issued.
Chairman DiPace asked about the status of the home on O’Hear Avenue that had pit bulls. Mr. Giner stated it is his intent to have a meeting to discuss a dog ordinance at the September 21, 2006 meeting. Members of the public would be invited to express their concerns.
Chairman DiPace discussed the Town of Cromwell and the young person’s business that was shut down. The town eventually allowed him to be back in business.
Commissioner Duren thanked the Zoning Enforcement Officer for providing the Commission with a list of home occupations for the year.
c. Director of Planning
Mr. Giner reported on the personnel changes in his department. Neil Angus will be resigning to take a new job in Massachusetts. Mr. Alsbaugh has had some surgery and will be out at least six weeks.
Mr. Giner distributed the Zoning Board of Appeals book from the Annual Federation annual meeting.
Mr. Giner addressed the Commission’s role as the Aquifer Protection Agency and the need to adopt regulations imposed by the state. Mr. Giner sent the state a first draft of these regulations and they came back with some comments. The second draft was submitted and it meets all their requirements. With notice requirements, a hearing will have to be scheduled for October 19, 2006. There is a need to get copies of the regulations to the DEP, the two water companies and the Town Clerk. Mr. Giner distributed copies of the regulations to the Commission.
Mr. Giner stated the hearing is necessary to get comments from the public. The model ordinance is what the state gave to the town and it has to be approved by the Commissioner of the DEP. The state legislature mandated this.
Mr. Giner stated the two level A areas which are around Powder Hollow and the O’Grady well fields have to be put on the town’s zoning map with a notice filed that this has been done. Mr. Giner stated this is a matter of printing out the information and having the Secretary sign it. There is no public hearing required. The water companies have delineated the areas with their own studies. There are also provisions for anyone that might want to modify those boundaries.
Mr. Giner stated the hearing will be held on October 19, 2006 to formally adopt the regulations. It would be at 7:30 p.m. with a separate meeting where the Commission is meeting as the Aquifer Protection Agency. Immediately following that meeting would be the regular Planning and Zoning Meeting. Mr. Giner stated the DEP has offered to have an informational meeting with the Commission and anyone else interested after the regulations are adopted. They would answer questions and apprise the Commission of their procedures.
Mr. Giner informed the Commission of a request for a modification of landscaping screening on Peerless Way. There is a memo from Dana Steele regarding 3 Peerless Way. The request was to replace a retaining wall with a row of evergreens which would be six-foot white pines. Following a brief discussion of this request, Chairman DiPace directed Mr. Giner to handle this modification administratively.
Mr. Giner stated Bed, Bath and Beyond in the new Brookside Plaza has an approved facade and they are requesting to relocate the entrance and add two display windows. Mr. Giner recommended this application come back to the Commission for a modification.
Mr. Giner stated Staples, also in Brookside Plaza, made a request to switch their overhang. He noted this also needs to come back to the Commission.
Commissioner Duren brought up the new laws recently passed regarding reporting requirements. Mr. Giner stated there is a new requirement beginning October 1. The legislature passed a law that says the town has to establish a registry. Any property owner, elector or non-profit agency recognized under the laws of the IRS may request to be notified not of every application but of zone changes, zoning map changes, zoning text changes and plans of conservation adoptions or amendments. There is a requirement to publish one legal notice. People can call in or write in and ask to be put on this registry. Any time there is a text change or zoning change, a notice of the hearing has to be sent to those in the registry. This is good for three years. There is also language that states you cannot use the fact that a mistake was made to overturn a subsequent zoning decision. There were also changes made regarding such notification by mail. Mr. Giner further elaborated on this registry that has to be established. He has the forms and one of the options he included was to have people sign up by email. Chairman DiPace suggested Mr. Giner look into getting an intern and letting this person handle the registry.
PUBLIC PARTICIPATION
Reginald Leonard, 42 Fairfield Road, agreed with Commissioner Cooper regarding problems this town has enforcing regulations. He noted he received a call from the Town Manager answering his question in regard to his July 20 comments to Chairman DiPace on his letter to the Town Council asking for fines to be increased for builders and developers that violate the town’s rules. Mr. Leonard went to the Town Manager’s office and gave him the problem. He called him back at 4:00 today and said the Chairman’s request and letter is being put on the agenda for the next meeting of the Town Council.
Chairman DiPace stated the Town Attorney’s Office did review this and did some research. They cannot increase the fines to $1,000 but they can increase them to $100 per item. Further discussion on fines followed. Mr. Leonard agreed with fines in order to promote enforcement. Chairman DiPace saw a need for there to be increased fines at the state level.
Mr. Leonard stated he has been reviewing the regulations regarding erosion, soil control and wetlands runoff. The town’s regulations are excellent but Mr. Leonard noted they are only as good as the town’s enforcement of these regulations. In reading the regulations, it cites 7-20 and 7-21. Mr. Leonard’s stated anything that is done there is a file on every building application and he assumes everything should be signed off prior to construction. He asked if that is correct. Mr. Giner stated the subdivision file would include the engineer’s actual final memo that states he reviewed it. Mr. Leonard stated his concern is that on any prior application you can go back and look either at engineering or in the planning department and find what was recommended. Mr. Giner stated with any subdivision file, there should be engineering memos included in the file.
Mr. Leonard stated under 7-20, you have minimal acceptable standards as far as soil erosion, sediment control, runoff, etc. and it refers to Chapters 3 and 4 and the Connecticut Guidelines for Soil Erosion and Sediment Control 1985 and as amended. It says the municipality shall be in contact with the state to do any of these things. When a builder comes in before this Commission and he doesn’t have a good plan and it is not following the guidelines, Mr. Leonard felt he should look for some problems from the public.
Matt Moranda, 9 Scitico Street, asked about the procedure if a sign is not posted on the property advertising a public hearing. Chairman DiPace explained if the sign was not properly posted and the application went forward, the application would have to be denied because the applicant would be in violation of the town’s regulations. Ten days before the Commission’s meeting, the zoning enforcement officer checks to make sure the proper signs are posted.
CORRESPONDENCE
Chairman DiPace reported receipt of the following:
A copy of a letter Wayne Bickley sent to Gale Toyota, Inc. regarding motor vehicle parking on landscaped areas;
A letter from Charles Murray to James Taylor regarding a fence;
Two cease and desist orders from Wayne Bickley to Gale Toyota;
Two cease and desist orders for Bill’s Landscaping at 275 Brainard Road and one cease and desist order for 44 Long Hollow Road;
A letter to Eric Lee of Sterling Machine from Jose Giner regarding the concrete pad for external dust collector;
A letter from Jose Giner to Robin Cabelus, Executive Director of the State Traffic Commission, regarding Peerless Industrial Park.
A letter from Branse, Willis & Knapp, LLC regarding the new State Statute modifying notice requirements for land use hearings – P.A. 06-80.
Copies of the Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter;
The Inland Wetlands and Watercourses Notice of Action dated July 18, 2006;
The Inland Wetlands and Watercourses Notice of Action dated July 19, 2006;
The Inland Wetlands and Watercourses Notice of Action dated August 1, 2006.
The Historic District Commission Notice of Action dated July 26, 2006.
The Historic District Commission Notice of Action dated August 23, 2006.
The Zoning Board of Appeals Notice of Action dated July 31, 2006.
COMMISSIONERS’ CORRESPONDENCE
Chairman DiPace reported receipt of a memo from Attorney Bromson to Town Manager Matthew Coppler regarding street excavations and the legislative update.
Some discussion followed regarding fines. Commissioner Duren stated it notes in the memo from Attorney Bromson that the Council was interested in only increasing the fines to $100. Chairman DiPace stated they wanted to know the maximum amount that could be instituted. Commissioner Duren stated the information says the fines can be increased to $250 and he would like to see this occur. Chairman DiPace stated the Council has not yet had a formal adoption of any fines.
Chairman DiPace stated Commissioners’ Correspondence also includes a letter from the Town of Colchester First Selectman and a copy of Connecticut Wildlife.
Chairman DiPace stated during the month of August an issue came up regarding the BR-1 property with the proposed hotel. Mr. Giner stated they are increasing the rooms to five all within the existing space of the restaurant which will be coming back for a site plan. There will be less parking since the restaurant will have fewer seats than anticipated. Attorney Hays added they purchased the property in August and will be doing soil compaction through the winter prior to beginning construction. Mr. Giner stated the purpose is to make sure the site will accept the five-story building. This procedure will force the moisture out of the ground and stabilize the site.
PUBLIC HEARINGS – NEW
a. PH#2566 – Petition for a zone change for property located at 10 Scitico Road with additional frontage on Broad Brook Road, from Residential R-33 to Business Local (BL), Map 101, Lot 205, David Liebman, Applicant/Owner. (Must close by 10/06)
Earlier in the meeting, Commissioner Cooper made a motion, seconded by Commissioner Duren, to accept the withdrawal of PH#2566 without prejudice. The motion was approved by a 7 – 0 – 0 vote.
b. PH#2567 – Special Use Permit to add 6 feet 10 inches to length of existing deck at rear of house using the existing steps at 32 Pheasant Hill Drive, zoned R-44, Map 16, Lot 39, Dennis Bracci, Applicant/Owner. (Must close by 10/06)
Barbara Bracci appeared before the Commission regarding this request for a deck addition of six feet ten inches to the length of an existing deck at the rear of the house using the existing steps at 32 Pheasant Hill Drive. Ms. Bracci stated the deck is going to be a trex deck. She stated her lot has plenty of space to allow for this increase or almost 100’ from the line of her home to the border line in the back. She also had the property checked for wetlands and it was confirmed there are no wetlands.
Ms. Bracci explained the location of her home to the Commission. Chairman DiPace advised the applicant that any future applications should include the entire map of Pheasant Hill.
Charles Cormier, 27 Pheasant Hill, stated Ms. Bracci has 15’ to 20’ from the rear of her porch to the rear setback line and there is also a lot of room in the back which goes into the woods considerably. Mr. Giner stated this property abuts an Industrial-1 zone.
Ms. Bracci responded to Commission questions and stated the present deck is wood. She plans to replace the entire deck with trex to update it.
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 Cooper, to approve PH #2567 - Special Use Permit to add 6 ft. 10 inches to length of existing deck on rear of house using the existing steps at 32 Pheasant Hill Drive, Zoned R-44, Map 16, Lot 39, Dennis Bracci, Applicant/Owner. This approval is subject to conformance with the plans submitted 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 owner 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 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. 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.
The motion was approved by a 7 – 0 – 0 vote.
c. PH#2569 – Modification of Special Permit to change the facade of the retail stores located at Stop & Shop Plaza, 54 Hazard Avenue, zoned BR, Map 56, Lot 26, Galileo Enfield Stop & Shop LLC, Applicant/Owner. (Must close by 10/06)
Attorney Susan Hays of Updike, Kelly and Spellacy appeared before the Commission regarding this application. She noted Leslie Cohen is not present tonight due to giving birth this week.
Attorney Hays explained the odd size of the plan set of drawings provided.
Attorney Hays stated this is the additional retail space at the Stop & Shop on Hazard Avenue. Stop & Shop is undergoing an expansion and a redevelopment and they were able to work with the owners to convince them that they should update the remainder of the buildings they own within the center. What is proposed is a facade renovation. What is on top on the plans shows existing and on the bottom it shows what is proposed. The procedure will involve removing the entire canopy, taking off the roofing and removing the signs and installing the proposed facade. Attorney Hays presented a materials board showing the colors that will be used. The differing colors and differing roof heights are there to break up the length of the building and give it more of a streetscape type of look. All of the columns will be gone. The windows will run from one side to the other and the brick work will be brought up in between the stores. Every fifty feet on center, they will be adding street lights.
Attorney Hays stated they are not seeking sign approvals at this time. What they intend to do is have one sign contractor come in and apply individually for the signs. Such signs will be consistent throughout the center.
Commissioner Cooper discussed the color of the awnings. Attorney Hays stated the color is represented properly on the drawing and it will have a variegated effect. They may decide to do a double awning with two colors if they cannot get the effect that they want.
Attorney Hays was unsure if there was a sign plan for this entire site. They may need to come in for a modification if there is no sign plan. The plan is to have one sign contractor come in with the applications as the work is done and complete all the signs. It is the intent to have these signs be somewhat uniform.
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 Cooper, to approve PH #2569 –Modification of Special Permit to change the facade of the retail stores located at Stop & Shop Plaza, 54 Hazard Avenue, Zoned BR, Map 56, Lot 26, Galileo Enfield Stop & Shop LLC, Applicant/Owner, subject to conformance with the referenced plans and the following conditions:
Referenced Plans:
“Stop & Shop Plaza Proposed Exterior Elevation” by Pullman Architects, P.C. dated 9Feb05 and received on Aug 3, 2006..
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. The file number “PH 2562” shall be displayed prominently on the final plan sheet either in the title block or in the area around it.
Conditions which must be met prior to the Issuance of a Permit
3. 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.
4. 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:
5. This approval does not constitute final approval of the individual signs shown on the proposed elevations. Sign permits shall be obtained from Staff for each new sign proposed.
6. This approval is for the specific use and structures identified in the application. Any change in the nature of the use or structures will require new approvals from the Enfield Planning and Zoning Commission.
7. 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.
8. 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.
9. The conditions of approval shall be placed on the final plan sheet.
The motion was approved by a 7 – 0 – 0 vote with all Alternates voting.
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.
Mr. Giner presented the proposed amendment to the Enfield Zoning Regulations for Section 12.20 to require as-built surveys for foundations before allowing framing to begin and to set requirements for such surveys.
Chairman DiPace noted if a full cellar underneath is planned, this requirement will have to be met. He thought this regulation is overkill since it is going to cost a homeowner $1,200 to have this done on top of the building addition. He would not have a problem if this applied only to new homes.
Following discussion, it was the consensus of the Commission to change the regulation language so that it does not apply to additions with less than fifty percent of the original floor area of the building excluding garages, porches and breezeways.
Chairman DiPace noted some homeowners add 6’ x 6’ additions and the only way to get around this regulation would be to not put a cellar under it.
Mr. Giner stated the regulations would not require it but it could be done voluntarily.
Chairman DiPace would like wording added that if the addition is going to exceed twenty-five percent of the floor space of the building, then it would require it. If it is twenty-five percent or less, it would not require it.
Mr. Giner stated it is presently fifty percent in the regulations. Chairman DiPace suggested leaving it at fifty percent. Chairman DiPace would like to see something very clear that if the addition is not fifty percent or greater, it will not trigger this as built to put in a foundation. Mr. Giner recommended the regulation state less than fifty percent and he proposed including the wording as follows: less than fifty percent of the original floor area of the building excluding garages, porches, and breezeways. Where it says this section does not apply to residential additions, you would strike the rest of that and replace it with the fifty percent language.
Chairman DiPace stated this is more applicable to new homes. Mr. Giner stated if there is a problem with grading at the foundation level and it is substantially lower than what the subdivision plans indicated, then this is the time to catch the problem. Chairman DiPace discussed the need to raise the new homes up when putting in the sewer line in order to avoid future problems.
Mr. Giner read from the regulations. What this amendment is saying is if you are making a change, we want to make sure you are not changing the drainage. In this way, any errors will be caught before a home is built. If there is going to be a change of more than six inches in the grading, the time to do that is at the time of the foundation.
Mr. Giner discussed a home in East Windsor on Simon Road which had to be jacked up after construction because there was water flooding the basement.
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 Cooper, to approve PH#2550, Amendment to the Enfield Zoning Regulations, Section 12.20, Enforcement and Administration with the changes discussed during the public hearing confirming that additions with less than fifty percent of the original floor area of the building excluding garages, porches and breezeways shall not be required to do an as built under this amendment. The motion was approved by a 7 – 0 – 0 vote with an effective date of October 1, 2006.
Mr. Giner stated the change in language does not represent a substantial change and would not require this hearing to be re-advertised.
OLD BUSINESS
a. PH#2563 – Modification of Condition #2 of approved Special Use Permit PH#1414.02 to change the approved hours of operation from 10:00 a.m. and not on Sundays, to allow unrestricted hours of operation up to a maximum of 90 hours per week for an existing crematorium at 61 South Road, zoned R-33, Map 73, Lot #88/Portion of Lot #89, Leete-Stevens, Inc., Owner/Applicant. (Hearing closed – decision by 9/21)
Commissioner Duren made a motion, seconded by Commissioner Ballard, to approve PH #2563 – Modification of Condition #2 of approved Special Use Permit PH# 1414.02 to change the approved hours of operation from 10:00 a.m. to 2:00 p.m. and 8:00 p.m. to 7:00 a.m. and not on Sundays, to allow unrestricted hours of operation up to a maximum of 90 hours per week for an existing crematorium at 61 South Road, Zoned R-33, Map 73, Lot #88/Portion of Lot 89, Leete-Stevens, Inc., owner/applicant. This approval is subject to conformance with 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 owner 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 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. All other conditions of approval for Special Permit #1414.02 not specifically modified by this approval shall remain in full force and effect.
5. The applicant shall submit monthly reports to the Planning Office that demonstrated compliance with the conditions of this permit.
6. 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 all Alternates voting.
Commissioner Duren stated there have been no complaints on record from the Zoning Enforcement Officer or the Police Department regarding this crematory. Also, the motion will not increase the hours of operation. There is a need for this change in hours to better serve the clientele of the establishment.
NEW BUSINESS
a. PH#2511 – Request for extension of Special Use Permit to utilize the vehicle bays to position ambulance at 1296 Enfield Street (Old Fire House). Town of Enfield, Applicant/Owner.
Commissioner Duren made a motion, seconded by Commissioner Ladd, to grant a one year extension for PH#2511. The motion was approved by a 7 – 0 – 0 vote with all Alternates voting.
BOND RELEASES
a. PH#2308 – Request for release of Maintenance Bond in the amount of $11,040 for Olde Post Road Acres LLC on Post Road.
Regarding this bond release, reference is made to an August 22, 2006 memo from John Cabibbo recommending release.
Following some discussion, it was determined that the one-year maintenance period has elapsed since the work has been done. Mr. Giner stated the maintenance bond was received on June 20, 2005.
Commissioner Duren made a motion, seconded by Commissioner Sarno, to release the maintenance bond in the amount of $11,040 for Olde Post Road Acres LLC on Post Road. The motion was approved by a 7 – 0 – 0 vote with all Alternates voting.
b. SPR#1296 – Request for release of Engineering Bond in the amount of $146,200 and Erosion and Sediment in the amount of $2,200 for Tracy Car Wash at 290 Enfield Street.
Reference is made to the August 22, 2006 memo from John Cabibbo recommending release.
Commissioner Duren made a motion, seconded by Commissioner Cooper, to release the engineering bond in the amount of $146,200 for Tracy Car Wash at 290 Enfield Street. The motion was approved by a 7 – 0 – 0 vote with all Alternates voting. (Note: The erosion and sediment bond was not released.)
c. PH#2393 – Request for release of $5,050 Erosion and Sediment Bond for Costco – off Elm Street in Stateline Plaza.
Reference is made to the memo from John Cabibbo recommending release of this erosion and sediment control bond.
Commissioner Duren made a motion, seconded by Commissioner Ballard, to release the erosion and sediment bond for Costco in the amount of $5,050 (PH#2393). The motion was approved by a 7 – 0 – 0 vote with all Alternates voting.
d. Request from Director of Finance that the list of old/expired bonds be formally released.
Chairman DiPace stated this is a request from the Director of Finance that the list of old and expired bonds be formally released.
Following a lengthy discussion of how to proceed and a review of the bonds on the list of old and expired bonds, Chairman DiPace advised Commission members to personally review this list prior to the next meeting. He later asked if there is any item that Commission members need information about.
Mr. Giner had a concern about liability if these bonds are released. He questioned if there is a way to release these bonds that would cover this issue.
Chairman DiPace requested that Mr. Giner research those bonds that show either a CD or a certified check. The rest of the items that are bonds or letters of credit have expired. Mr. Giner will check with Engineering on these bonds.
Chairman DiPace recommended anything on this list that is less than ten years old and is either a CD or o bank check would remain. If the item is more than ten years old or is a letter of credit or a bond, those would be eliminated. Commissioner Duren asked if there is advice from the Town Attorney on the legality of doing this.
Mr. Giner will check with the Town Attorney’s Office regarding liability issues and possible release language.
OTHER BUSINESS
a. Discussion on bond requirement changes to help and encourage smaller businesses.
Chairman DiPace noted the effect of the increased bonds on small businesses and suggested there be a change so that applicants don’t have to post a bond up front. When it comes time for the certificate of occupancy, they would then have to post a bond for the work that has not been completed.
Commissioner Lefakis felt if applicants did work to affect public property like rip out a sidewalk or cut into the road, this should be bonded up front. Chairman DiPace noted if it is a state right of way, you have to have someone insured and bonded to go into a state right of way.
Mr. Giner stated public improvements would be bonded up front and it is possible to separate the public from the private improvements.
Commissioner Duren questioned an applicant like Enfield Square and the possibility of their parking lot not being built to town specifications.
Mr. Giner stated presently applicants are told they should have an engineer inspecting the site during construction. The engineer has to certify at the time he does the as built that all the improvements have been constructed according to the plan and town standards. This is a requirement for every large project at this time.
Mr. Giner discussed other situations involving public and private improvements.
Commissioner Duren saw a need to cover both the large and small projects. He cited examples around the town requiring enforcement.
Mr. Giner will include something in this regulation that addresses site maintenance during construction.
Mr. Giner will write a regulation regarding bonding to be sent to CRCOG that will be on the Commission’s agenda on October 19, 2006.
b. Discussion of Meeting Schedule for 2007.
The Commission adopted the calendar sent from the Town Manager’s Office for 2007 meetings with a change for the month of July. July’s meeting dates will be July 12 and July 26.
c. Discussion of Zoning Fines Ordinance
Mr. Giner stated he gave to the Commission a copy of the state statutes governing zoning fines. It is up to the legislative body of the town to adopt fines and they can go up to $250 per day. There is a requirement to set up a hearing procedure with a hearing officer in order to have an appeal process. Mr. Giner stated he believes the Council tried this previously but never issued any fines.
Mr. Giner stated the Zoning Enforcement Officer does not like the treble damages clause.
Chairman DiPace felt the Commission has gotten done what they have had to do. He felt if there is a point where things are not getting done, such fines could be implemented.
Mr. Giner stated the issue of fines was raised because of a case on O’Hear Avenue.
Chairman DiPace discussed 275 Brainard Road which is a full construction site.
Following further discussion of other cases, Chairman DiPace suggested the issue of fines be discussed further with the Zoning Enforcement Officer and the Town Attorney’s Office. Mr. Giner will put this on the agenda for the first meeting in October when Mr. Bickley will be present.
d. Applications to be Accepted.
The following applications were accepted by the Commission:
PH#2540.02 – Application for modification of plans previously approved to relocate and replace the front entrances, door and windows at Brookside Plaza for Bed Bath & Beyond, 38 Hazard Avenue, zoned BR, Bed Bath & Beyond, Applicant/Equity One Inc., Owner.
The Commission directed Mr. Giner to approve this application administratively.
PH#2568 – Application for a Special Use Permit for a rear lot at 20 Bacon Road, zoned R-44, Map 95, Lot 2, Brad Collins, Applicant/Shirley Kelliher and Donald Fortin, Owners.
A public hearing will be scheduled for October 5, 2006.
PH#2569 – Application for modification of a special permit to change the façade of the retail stores located at Stop & Shop Plaza, 54 Hazard Avenue, zoned BR, Map 56, Lot 26, Galileo Enfield Stop & Shop, LLC, Applicant/Owner (on tonight’s agenda).
PH#2570 – Special Use Permit to expand farming operations to include: 1: Horse Boarding; 2: Riding Ring with lessons; 3: Farm Stand over 200 square feet; and, 4: Sign larger than allowed in residential districts for property located at 74 Town Farm Road in an R-44 District, Map 71, Lot 23, June E. Mitchell, Applicant/Owner.
A public hearing will be scheduled for September 21, 2006.
PH#2571 – Application for reconstruction of running track, athletic fields and bleachers, installation of synthetic turf and 80 ft. lights at existing football field for Enfield High School at 1264 Enfield Street, zoned R-33, Map 19, Lot 68, Enfield Department of Public Works, Applicant/Town of Enfield, Owner.
A public hearing will be scheduled for October 5, 2006.
PH#2572 – Application for reconstruction of running track, athletic fields and bleachers, installation of synthetic turf and 80 ft. lights at existing football field at 124 North Maple Street, Map 82, Lot 14.
A public hearing will be scheduled for October 5, 2006.
SPR#1380 – Application for construction of a 2,328 sq. ft. addition to their facility with expansion of the existing parking lot by 6,893 sq. ft. (resulting in 22 new spaces) at 2 Peerless Way, zoned I-1, Map 94, Lot 53, R&H Realty Associates, LLC, Applicant/Owner.
SPR#1381 – Application requesting 5,760 square feet building addition, rearranging parking for 10 new parking spaces, truck access, etc. at 243 Shaker Road, Map 95, Lot 6, Yankee Casting Co., Applicant/Owner.
Mr. Giner reported an informal discussion of the Bissonette property will be on the Commission’s September 21, 2006 agenda.
ADJOURNMENT
Commissioner Duren made a motion, seconded by Commissioner Ballard, to adjourn. Following a unanimous vote, the Commission adjourned at 9:40 p.m.
Respectfully submitted,
__________________________
Charles Duren, Secretary
jmr Enfield Planning and Zoning Commission |