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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
SEPTEMBER 21, 2006
A regular meeting of the Enfield Planning and Zoning Commission was held on Thursday, September 21, 2006 at the Enfield Town Hall, Council Chambers, 820 Enfield Street, Enfield, Connecticut. Chairman DiPace called the meeting to order at 7:34 p.m.
PRESENT: Anthony DiPace, Chairman
Charles Duren
Jeffrey Cooper
James Hickey, Jr.
Jason Jones
Nicles Lefakis, Alternate
Kathleen Sarno, Alternate
Charles Ladd, Alternate
Karen Weseliza
ALSO PRESENT: Jose Giner, Director of Planning
Commissioners Ladd and Lefakis were seated as full voting members.
REGULAR MEETING 7:30 P.M.
1. Call to Order & Pledge of Allegiance:
The meeting was called to order by Chairman DiPace at 7:34 p.m.
2. Roll Call :
Present were Anthony DiPace, Chairman and Commissioners Jeffrey Cooper, Charles Duren, James Hickey, Jr., Jason Jones, Nicles Lefakis, Karen Weseliza (7:38 p.m.), Kathleen Sarno, Alternate, and Charles Ladd, Alternate. Commissioners Lefakis and Ladd were seated as voting members.
3. Approval of Minutes:
Minutes were not available for discussion or approval.
4. Correspondence:
The following correspondence was received:
IWWA Notice of Action, 9/5/06
5. Commissioner’s Correspondence:
Mr. Giner noted receipt of :
- a notice of hearing on September 30, 2006 from 9:00 a.m. to 12:00 by the Trust for Public Land, dealing with “Listen to the River”, at Asnuntuck Community College, Elm Street, Enfield. More information is available from Mr. Giner or the Trust’s web site.
- Conference on 9/28 & 9/29/06 – “Planning Comes of Age”
- CCM Convention on October 3, 2006
- Availability of CD Rom training package by the APA Association. Mr. Giner will make copies available for each commission chair and vice chair.
- AIA meeting “Build Boston” on 11/14 – 11/16/06
Commissioner Ladd noted a dangerous situation at Mill Street, a private road in the Hazardville section. There are several businesses located there. The road has huge potholes. Commissioner Ladd asked that the Zoning Enforcement Officer speak with the owner and would like a response by the Commission’s next meeting. Because it is an extension of a parking lot, it should be covered under the Town’s ordinances.
READING OF THE LEGAL NOTICE
6. PUBLIC HEARINGS - NEW
a. PH 2570 – Application for 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. (Must close by October 19)
Commissioner Duren read the legal notice. Commissioner Lefakis was seated.
Ms. June Mitchell represented the applicant. She explained that she would like to create an area at 74 Town Farm Road to sell items produced on her farm and locally and use ¼ of the existing barn to store and sell products. This would require more than the 200 square feet permitted.
Chairman DiPace asked if the baked goods will be made on site.
Ms. Mitchell answered that she thought so, but hadn’t really thought it out completely yet.
Chairman DiPace stated that it would be up to the Health Department whether or not cooking and preparing would be allowed on site. Usually, a commercial kitchen is required.
Ms. Mitchell added that she also was not sure if milk would be processed on site. She is intending to purchase milk and dairy products from Smith’s Dairy for resale. She added that her conversation with the Health Department left her with the impression that she could sell home baked goods at this location and that a temporary “Sani-Can” would be permissible.
Commissioner Duren noted that a report has not yet been received from the Health Department.
Ms. Mitchell stated that she was told that a permit would be needed for the Sani-Can. If the project grew, she would need to get a permit for a septic system and permanent restrooms.
Commissioner Duren asked if the issues noted on Mr. Cabibbo’s memo dated 9/20/06 have been addressed.
Ms. Mitchell replied that she has not received a copy of the memo.
Commissioner Duren noted that the plans do not include the placement of “north” and also noted that the plans reference the owner as June and Keith Hanley.
Ms. Mitchell stated that the placement of the “N” will be done. She explained that she recently married Mr. Hanley and hasn’t changed the name on her property deed yet.
Chairman DiPace noted driveway safety concerns.
Ms. Mitchell stated that it is 16’ or more wide down the length and 30” wide at the apron. She hopes to take down 3 trees to widen it to 20’ in some areas. The apron looks deceiving because there is no problem to see in either direction when exiting.
Commissioner Duren noted that the Traffic Safety Officer agreed that there is not a site line concern but would like to see 2-way traffic in the drive.
In response to a question by Ms. Mitchell, Mr. Giner stated that 18’ or wider would be fine.
Ms. Mitchell felt that the driveway is close to that width now.
Chairman DiPace stated that he does not have any concerns over driveway width; his concerns are over the sale of the produce and noted that the Health Department also has concerns.
Ms. Mitchell stated that she knows that 51% or more of the products sold must be grown or made on site. 49% can come from elsewhere.
Chairman DiPace stated that the Health Department will want to know where the 49% comes from.
Ms. Mitchell stated that she was told by the Health Department that anything sealed, they have no jurisdiction over. Her site has city water and septic.
Mr. Giner added that the Safety Officer found adequate site line. Mr. Giner would like a better list of items planned for sale. He also added that the 49% of items not from this location must also be agricultural products.
Mr. Giner reviewed the proposed list of conditions with the Commission.
Ms. Mitchell stated again that she has not received a report from the Health Department.
Commissioner Duren stated that they are not sure if the applicant is requesting a farm stand or farmer’s market. He expressed frustration over not having written concerns by the Health Department.
Mr. Giner noted that approval could be made with conditions including approval by the health department and that parking be shown on the plans.
Ms. Mitchell stated that parking will be in the gravel area.
Commissioner Duren stated that Mr. Cabibbo has requested clearer information on the riding ring.
Ms. Mitchell responded that it will be fenced and dirt. The soil is sandy, which is favorable for riding.
Chairman DiPace also noted that the applicant needs to make sure that the sign does not interfere with the site line.
Commissioner Weseliza asked if there is a limit on the number of horses planned.
Ms. Mitchell responded that she only has a five-stall barn. She does not foresee having 20 or more horses.
Chairman DiPace asked if the Health District’s concerns would hold up the riding ring portion of the application.
Mr. Giner responded that there are different inspections for each activity so it would not affect the riding ring proposal.
Ms. Mitchell added that the riding ring still needs to be built; then she can begin to advertise for boarders. She hopes to sell pumpkins and mums this fall.
Mr. Giner and Chairman DiPace stated that this would not be a problem. A list of items for sale must be provided to the Planning Office.
Commissioner Duren asked that the “N” be properly placed on the plans as a condition of approval.
At this time, the hearing was opened by Chairman DiPace for public comment. No one in the audience came forward to speak for or against this application.
This public hearing was closed at 8:05 p.m.
A motion was made by Commissioner Duren and seconded by Commissioner Hickey to: TO MODIFY AND APPROVE PH 2570 – Application for Special Use Permit to expand farming operations to include: 1: Horse Boarding, 2: Riding Ring with lessons, and, 3: a Farm Stand over 200 square feet (576 s.f.), for property located at 74 Town Farm Road in an R-44 District, Map 71, Lot 23, June E. Mitchell, Applicant / Owner. This application is subject to conformance with the referenced plans and the following conditions:
Referenced Plans:
“Compilation Plan Prepared For June Mitchell, Enfield, Connecticut” Scale: 1”=100’, by William R. Palmberg & Son LLC, dated 6/8/06.
“Handley’s Farm, 74 Town Farm Rd, Enfield, CT.” (Hand Drawn Floor Plan)
Conditions to be Met Prior to Signing of Plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The plans shall be revised to modify the fence line so that it does not show it going through the proposed parking area.
3. The plans should indicate that the proposed parking will be in a graveled area.
4. The plans should be revised to show the driveway widening acceptable to the Town Engineer and Traffic Safety Officer.
5. The Application number, “SPR # PH 2570” shall be displayed prominently on the final plan sheets either in the title block or in the area around it. A North arrow is also to be properly placed on the final plans.
6. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the approval with conditions shall be placed on the final plans.
7. The applicant shall submit a full detailed list for Commission review and approval of the products to be sold indicating which are grown on site and which will be brought in from outside. Only the specific products listed with the mix that meets the requirements of the regulations shall be permitted to be sold on premises. Any subsequent changes to the list shall be submitted for Staff review to determine compliance with the regulations.
Conditions to be met prior to the issuance of permits:
8. 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.
9. 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. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
10. An inspection will be required prior to any use of the sales area.
11. The driveway entrance shall be widened to allow two vehicles to safely enter and exit and the same time.
12. Final North Central District Health Department approvals shall be required.
General Conditions:
13. 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.
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. All work associated with the construction of facilities as approved must be completed by September 21, 2011 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
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.
Chairman DiPace noted that this site had a riding ring back in the 1970’s. The only addition at this time is the proposed farm stand. He added that it is good for the community.
Commissioner Hickey added that the applicant has met the conditions for the special use permit.
A motion was made by Commissioner Duren and seconded by Commissioner Lefakis to take agenda item 7a after item 10a. Vote was 7-0-0.
8. New Business
a. SPR #1380 - Application to construct a 2,328 sq. ft. addition to existing PTI Industrial, Inc. building as well as expand the 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.
Mr. John Solecki and Mr. Carl Muller represented the applicant.
Mr. Solecki explained that the applicant wishes to expand the parking lot by 22 spaces and add 2,328 square feet to the building. Currently, there are 53 spaces.
Mr. Solecki stated that the company is growing and is in need of additional office and industrial work space, as well as additional parking.
The plans are in compliance with the side and rear yard requirements and would have 42% lot coverage.
Existing building colors and materials will be matched.
A large dock will be constructed in the front; landscaping will be done.
Mr. Giner stated that the ART meeting found that the condenser needs to be screened and elevations need to be supplied. Also, a letter stating that matching colors will be used is needed.
There are no wetlands impacts and no other ART concerns. There will be no change to the drainage and only minor modifications to the detention basin.
The applicant is requesting approval as soon as possible so as to start the parking lot this season. The asphalt plants will close soon. The applicant does not intend to break ground for the building addition this year.
Mr. Giner added that the elevation plan needs to be added to the reference plans on the conditions of approval and dates need to be revised to 9/13/06.
A motion was made by Commissioner Duren and seconded by Commissioner Jones to approve SPR #1380 Application to construct a 2,328 sq. ft. addition to existing PTI Industrial, Inc. building as well as expand the 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. This application is subject to conformance with the referenced plans and the following conditions:
Referenced Plans:
“New Parking Lot Addition, PTI Industries, Inc., 2 Peerless Way, Enfield, CT 06082; C-1 Site Layout, Grading and Utilities Plan,” Scale: 1”= 20’ by Sage Engineering. Dated 8-28-2006. Revised to 9/13/06
“New Parking Lot Addition, PTI Industries, Inc., 2 Peerless Way, Enfield, CT 06082; C-2 Site Details” Scale: N.T.S by Sage Engineering. Dated 8-28-2006 Revised to 9/13/06
“South and West Elevations” Revised to 9/13/06
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Conditions to be Met Prior to Signing of Plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The Application number, “SPR # 1380” shall be displayed prominently on the final plan sheets either in the title block or in the area around it.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the approval with conditions shall be placed on the final plans.
Conditions to be met prior to the issuance of permits:
4. 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. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
5. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
6. The applicant shall post a bond for Site improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town Attorney.
7. A Separate Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
8. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
9. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
10. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
General Conditions:
11. 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.
12. 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.
13. All work associated with the construction of facilities as approved must be completed by September 21, 2011 or this approval shall be rendered null and void, unless an extension is granted by the Commission.
14. 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 #1382 - Application for change of use from Pool Hall to retail store Family Dollar at 138 South Road, Zoned BL, Map 55, Lot 9, SLH Family Dollar, Applicant/Owner.
No one was present to represent the applicant.
Mr. Giner explained that the applicant is requesting a change of the present use as a pool hall to a retail store. The only outstanding issue is the need for repair of the parking lot.
Chairman DiPace noted that the pool hall use will no longer be “grandfathered”.
Commissioner Weseliza requested better entrance and exit signing for the parking lot.
It was the consensus of the Commission to allow the Director of Planning to approve this application administratively and handle any issues.
Chairman DiPace and Commissioner Hickey noted that this will be a better use of the property and encourages general growth activity in that area.
c. SPR #1381 - Application for a 5,760 sq. ft. building addition, rearrange parking lot for 10 new parking spaces, truck access, etc. by Yankee Casting Company, Inc. at 243 Shaker Road, Zoned I-1 & I-2, Map 95, Lot 6, Yankee Casting Co., Inc., Applicant/Owner.
Kiran Majmudar and Brian & Kevin Vecchiarelli represented the applicant.
Brian Vecchiarelli stated that the business was started in 1961. His son Kevin is now part of the third generation of owners of the business. The building has had several additions since 1961.
Mr. Brian Vecchiarelli went on to explain that more production space is needed due to the large amount of defense contracts procured by the company.
Wetlands are located off of the property and the 100’ upland review area is beyond the limits of construction.
A prefabricated steel frame building with an exterior to match the existing building is planned. He added, in response to a question by Chairman DiPace, that the existing building has several different exterior finishes; the addition will match one of them. The addition will be connected to existing block wall and the new roof will match the existing pitch.
Commissioner Duren asked if the change in the roadway would require a wetlands permit.
Mr. Giner stated that Mr. Angus’ concern was that the plans were taken from the Town’s wetlands map, which is only advisory in nature.
Mr. Kevin Vecchiarelli stated that soil scientist Michael Gragnolati delineated the lot on September 15, 2006.
Mr. Giner added that the plans have not been brought before the IWWA and the plans submitted to date do not show the wetlands or upland review area delineation.
Mr. Majmudar provided a new, updated set of plans.
Commissioner Jones asked if road improvements are planned.
Mr. Majmudar responded that improvements are for truck access. The drainage ditch on the map is existing and is not marked as wetlands.
Mr. Brian Vecchiarelli stated the only road improvements are where the trucks will back up to the dock.
In response to a question by Chairman DiPace, Mr. Majmudar stated that the roadway is private. No sidewalks are planned except for the sidewalk from one parking lot to another.
Mr. Giner noted that the roadway needs to meet the Town’s specifications for asphalt.
Chairman DiPace asked why this application would need an IWWA permit or Determination of Permit Need if the previous addition applications did not.
Mr. Giner stated that regulations have changed. He added that due to Mr. Angus’ impending departure, he is unsure if he has authorization to sign off on a Determination of Permit Need. The drainage will be discharging from a wetland area. Mr. Giner stated that he would contact the IWWA chair on September 25, 2006 if Mr. Angus is unavailable on September 22, 2006.
A motion was made by Commissioner Duren and seconded by Commissioner Lefakis to approve SPR #1381 Application for a 5,760 sq. ft. building addition, rearrange parking lot for 10 new parking spaces, truck access, etc. by Yankee Casting Company, Inc. at 243 Shaker Road, Zoned I-1 & I-2, Map 95, Lot 6, Yankee Casting Co., Inc., Applicant/Owner.
Conditions to be Met Prior to Signing of Plans:
1. All plans submitted for signature shall require the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans.
2. The application number (SPR# 1381) shall be displayed on the plans in or near the Title Block area.
3. The conditions of this approval shall be binding on the applicant, land owners, and their successors and assigns. A copy of the Approval motion and conditions shall be placed on the final plans submitted for signature.
Conditions to be met prior to the issuance of permits:
4. Two sets of paper plans, with any required revisions incorporated on the sheets, shall be submitted to the Planning and Community Development Department for signature of the Commission.
5. A pre-construction meeting between the applicant, site contractors, project engineer and Town Staff shall be held.
6. The applicant shall post a bond for Site improvements in an amount to be determined by the Town Engineer and with surety acceptable to the Town Attorney.
7. A Separate Erosion and Sediment Control Bond shall be submitted in the form of a passbook, pledged to the Town, in an amount to be determined by the Town Engineer.
8. A landscaping bond, in an amount to be determined by the Planning Department shall be submitted to the Town.
Conditions which must be met prior to the Issuance of a Certificate of Compliance :
9. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to the issuance of any certificates of zoning compliance.
10. In accordance with Section 9.10.6 of the Regulations, the applicant shall also submit final plans in a digital format prescribed by the Director.
General Conditions:
11. 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.
12. 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.
13. This project shall be completed by September 21, 2011 or this approval shall be rendered null and void, unless an extension is granted by the Commission in accordance with the Enfield Zoning Regulations.
14. 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.
15. That the Town Engineer’s concerns be addressed.
16. This approval is based on the applicant’s assertion that all work is outside the upland review area of the bordering Wetlands and that a permit is not necessary. Vote was 7-0-0.
9. Bond Releases
a. SPR #1361 - Request for release of Site Bond in the amount of $81,400 and Erosion & Sediment Bond in the amount of $2,900 for additional parking at 4 Anngina Drive for Precision Camera.
Members briefly discussed Mr. Cabibbo’s memo regarding requested release of the bonds.
The memo noted that the Erosion and Sediment Control Bond is not ready for release.
Mr. Giner explained that the landscape bond must be held for 1 year and proof of timing of landscaping must be on file in the Planner’s Office.
A motion was made by Commissioner Duren and seconded by Commissioner Lefakis to approve the release of the Site Bond improvements only, in the amount of $81,400. Vote was 7-0-0.
10. Other Business
a. Informal discussion of Bissonette property on Elm Street
Ms. O’Connell and Mr. Bissonette and Mr. Ziaks spoke with the Commission regarding possible uses for a 15.7 acre site on Elm Street, across from Palomba Drive, currently zoned R33.
Mr. Ziaks explained that the owners had previously proposed changing the entire site to Business but the PZC members had not been in favor of this proposal. The PZC had recommended a 300’ set back on Elm Street which would allow 4 acres for business and 11.7 acres for R33 residential. There would need to be a 35’ setback between the zones and a 50’ setback on Elm Street leaving a small area for a strip mall and would be below the requirements for an open space development.
Mr. Ziaks stated that his client is now proposing to relocate the business zone so as to have some area to the north as open space. He showed the subject parcel on an aerial map. The map shows a topographical break of the farm pond and wetlands. This natural break would give 9.9 acres in the front to commercial, leaving 5.8 acres to permanent open space and would tie into open space currently owned by the Town.
There would be a 35’ buffer to the east and west and a 35’ buffer to the north would be created by the setback. After the buffers, there would be 7.5 acres of developable land and would meet the 66% coverage restriction. It would leave 9 acres of open space of the original 15.7 acre lot. Of the 7.5 acres to be developed, approximately 70,000 square feet would be of impervious surface. The developed portion of the site would accessed only by Elm Street. A bike path could be added if conditioned by the PZC.
Commissioner Hickey asked how a 70,000 square foot development is considered “modest”.
Mr. Ziaks responded that a typical shopping center is 150,000 square feet or more. The owner’s original proposal, with a 300’ setback, would allow for a 15,000 to 20,000 square foot strip mall development.
Commissioner Hickey asked how a 70,000 square foot development would tie in with traffic that is currently residential.
Mr. Ziaks stated that if the site were developed as R33 housing, it would equal 12 or 13 lots. For a PUD, at 3 units per acre, it would equal 40 to 45 units. Neither residential proposal would equal the amount of traffic that would occur with commercial use.
Commissioner Sarno noted that residential may not be the best use of the site.
Commissioner Hickey stated that the highest and best use of the land is up to the PZC.
Commissioner Duren asked how access to Carol Street would be closed off.
Mr. Ziaks responded that it would possibly be given to adjoining neighbors but would not become an access to the property.
Chairman DiPace stated that an applicant could make application for any type of project but does not feel that in this case, the applicant would be pleased with the decision of the PZC. He feels that the proposal goes too far back into residential areas and would meet with a great deal of opposition from the neighbors. The PZC is trying to find a “happy medium” that will not impact the residential neighborhood.
Commissioner Lefakis noted that a proposed zone change to limited office was discussed several years ago, on the North side of Elm Street. That hearing was standing room only, in opposition to the proposal.
Chairman DiPace added that the Master Plan of Development requires limiting the impact of commercial development into residential zones. This proposal would impact the residential zone.
Commissioner Hickey added that this is a solid residential area and is not in transition.
Commissioner Jones added that he had concerns even with the 300’ proposal.
Chairman DiPace stated that any business place there would have to be small, such as a doctor’s office or small strip mall.
A recess was called by unanimous consent at 9:05 p.m.
The meeting reconvened at 9:22 p.m.
Roll Call :
Present were Anthony DiPace, Chairman and Commissioners Jeffrey Cooper, Charles Duren, James Hickey, Jr., Jason Jones, Nicles Lefakis, Karen Weseliza, Kathleen Sarno, Alternate, and Charles Ladd, Alternate. Commissioners Lefakis and Ladd remained seated as voting members.
7. Old Business
a. Discussion on the number of Dogs that can be deemed customary accessory uses of residential property.
Mr. Giner stated that some issues have been brought up on the number of dogs housed at certain properties and the question was raised as to how many dogs should be allowed.
Mr. Giner went on to explain that there was recently a court case involving a small town in Connecticut regarding a resident in that town owning 14 dogs on 9 acres, causing a nuisance.
The Town chose to use existing regulations and asked their Zoning Enforcement Officer to do an analysis and found that more than owning more than 4 dogs was not a normal and customary use of a single family home.
The case was upheld by the State’s Supreme Court and found to be based on sound practices.
Commission members briefly reviewed the list of licensed dogs in Enfield.
Chairman DiPace concurred with the Court decision. There is now a precedence set. Ownership of over 4 dogs is not normal for a residential neighborhood, especially properties with an acre or less.
Commissioner Duren noted that some condominium associations have regulations on the weight and size of dogs allowed, as well.
Chairman DiPace felt that 99% of households would be covered if the limit was 4 dogs or less. The Town currently has approximately 3,200 licensed dogs. Only 2% of the homes have 3 or more dogs.
Commissioner Lefakis asked for a definition of “customary”.
Mr. Giner responded that in the instance of the case cited it was determined through statistical analysis.
Commissioner Hickey asked about dogs that have litters.
Mr. Giner stated that puppies do not need to be licensed until they are 6 months old.
Commissioner Weseliza asked what will be done to owners that have more than 4 dogs.
Mr. Giner stated that it is complaint oriented. He is unsure if the Town Clerk is able to determine how many licenses are issued per address, at any particular time.
Chairman DiPace noted that it is improper to have more than 4 dogs, especially on small, ¼ acre lots.
Members also noted that there could be health issues with having a large number of dogs on one property.
It was the consensus of the PZC members to interpret the existing regulations that 4 dogs per household is the limit.
Mr. Giner stated that letters could be sent, informing owners of the rule, requesting compliance, and inquiring how this will be accomplished.
Commissioner Lefakis asked if a one year sampling was enough to show a history, in the case of the town that won the court case.
Mr. Giner stated that he thinks only a one year sampling was done and statistically, would probably not change if done over a longer period of time.
Mr. Giner will follow up to see what the town in the court case did to ensure compliance.
Commissioner Jones asked if there is any way to stop allowing kennel licenses in a residential zone.
Mr. Giner stated that it is a state regulated license but town enforcement would limit a kennel license to 4 dogs. Even then it could not be for a commercial kennel.
b. Discussion of Requested Approved Façade Modifications at Brookside Plaza.
No Discussion – Matter had been handled administratively by Mr. Giner.
Applications To Be Received:
PH #2573 - Application for a special use permit and site plan review for a 73 unit senior residential development at the east end of Mayfield Dr. and north of Westview Drive, and west of Shaker Pines Lake, Map 79, Lot 11, Stonegate Associates, Applicant/Angelina J. McGillivray, Owner.
Public Hearing set for November 16, 2006
PH #2574 - Application for a special use permit for a drive up window for bank. Original building Original building constructed for McDonalds. Plan is to reuse the existing footprint/foundation at 385 Enfield Street, Zoned BL, Map 033, Lot 232, Hamilton Sunstrand, Owner.
This application will be heard at the meeting of November 2, 2006.
PH #2575 - Application for a planning and zoning commission initiative for proposed amendment pertaining to section 9.10.5 and 9.10.9 dealing with site plan bonding and compliance.
Chairman DiPace asked that it be put on for October 5, 2006. Mr. Giner stated that the referral to CRCOG required a35 day time frame and that it would not be possible to be on until October 19. The Legal Notice for the October 5 was already published in this afternoon’s newspaper.
11. Adjournment:
A motion was made by Commissioner Jones and seconded by Commissioner Weseliza to adjourn the meeting at 9:40 p.m. Vote was 7-0-0.
Respectfully Submitted,
__________________________
Charles Duren, Secretary
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