ENFIELD PLANNING AND ZONING COMMISSION

MINUTES OF A REGULAR MEETING

OCTOBER 5, 2006

A Regular Meeting of the Enfield Planning and Zoning Commission was held on Thursday, October 5, 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

Jeffrey Cooper

Charles Duren

James Hickey, Jr.

Jason Jones

Karen Weseliza

Nicles Lefakis, Alternate

Charles Ladd, Voting Alternate

ALSO PRESENT: Jose Giner, Director of Planning

EXECUTIVE SESSION

a. Discussion of pending litigation matters with Attorney Matt Willis

Commissioner Jones made a motion, seconded by Commissioner Cooper, to go into Executive Session to discuss pending litigation with Attorney Matt Willis. The motion was approved by a 7 – 0 – 0 vote and the Commission went into Executive Session at 7:30 p.m.

Commissioner Jones made a motion, seconded by Commissioner Duren, to come out of Executive Session. Following a unanimous vote, Executive Session ended at 8:15 p.m. There were no votes taken or decisions made during the Executive Session.

REGULAR MEETING – 8:00 P.M.

Chairman DiPace called the Regular Meeting to order at 8:15 p.m.

MINUTES

Commissioner Duren made a motion, seconded by Commissioner Cooper, to approve the Minutes of September 7, 2006. The Minutes were approved by a 6 – 0 – 1 vote. Commissioner Jones abstained.

4. Staff Comments

a. Town Attorney (in person)

Assistant Town Attorney Maria Stavropoulos offered to respond to Commission questions.

b. Zoning Enforcement Officer (in person)

Zoning Enforcement Officer Wayne Bickley offered to respond to Commission questions. Commissioner Ladd asked about Mill Street.

Mr. Bickley stated Mill Street is a private road and he would have no authority over it under the zoning regulations but it is a question of property maintenance. Commissioner Ladd stated it is a public access parking lot and it represents a safety hazard.

Mr. Giner stated Mill Street is not even a street. It shows up as part of a lot. Oak Street was deeded over at some point to Carris Reels or the previous owner, Bridge Manufacturing Company. The lot where Mill Street is located is owned separately and is part of 425 Hazard Avenue. It is not shown on the town maps as a road but just as a lot with a private driveway. Commissioner Ladd stated maybe they should not be allowed to have access. Mr. Giner stated this is not something that can be controlled under zoning. If they ever came in for a site plan review, it could be addressed. There may be something under the blight ordinance that could be used.

Chairman DiPace recommended forwarding a memo from the Commission to the Town Council stating the concern as far as Mill Street. Mr. Giner felt it is a private liability.

Mr. Bickley stated the property maintenance ordinance covers parking lots that are in disrepair but it’s not a parking lot. He will discuss this further with Mr. Giner to come to a solution.

Commissioner Lefakis stated he was recently on Laughlin Road and he noticed a house was built and a lot of trees were removed along the road. He asked if that is an issue for this Commission. Mr. Giner stated it was an issue. The Council has had a couple of discussions on it. There were some issues because when the subdivision was approved, the plans stated no work in the public right of way was approved and they would have to come back to the Council for approval. This is why it’s before the Council. The work is all in the public right of way. Trees were cut down and the tree warden was aware of it. The Council’s decision was because the trees were cut down, they did not pursue it. Mr. Giner stated the owner of the lot under construction wanted to grade the property down to the road. He advised the owner to get Town Council permission for this.

Discussion of Zoning Fines with ZEO and Town Attorney

Mr. Giner stated recently the Commission had a discussion about repeat violations and what can be done about them. If a person violates the ordinance, they comply and then violate again. There was some frustration about whether there was anything else the town could do.

Chairman DiPace stated these things have been going to Housing Court. Mr. Giner stated this is a case where someone eventually complies but takes it to the limit. The discussion of whether the Commission and Council would want to consider fines came up.

Chairman DiPace stated the way it has been working with the Housing Court has worked out pretty well. He cited a case where the judge fined the person.

Chairman DiPace asked Mr. Bickley what procedure he would like to use. Mr. Bickley stated he has always found that the Housing Court is more effective. He acknowledged he never used the fines ordinance.

Commissioner Duren brought up the person on Roosevelt who has not complied. Mr. Bickley stated he has been to housing court and has been fined.

Mr. Bickley stated he was unsure whether repeat violations could be just fined since there is an appeal process. Mr. Giner stated you would have to set up a system that names a hearing officer and the person is provided with due process and the right to appeal to the hearing officer. Towns that have used it have said it is effective since each day is a separate violation.

Chairman DiPace asked how many times Mr. Bickley has had to go to Housing Court for violations. Mr. Bickley stated twice but previously it was eight to nine times a year.

Chairman DiPace did not see why the Commission should change the present process.

The consensus of the Commission was to leave the process as it is today. If something arises where Mr. Bickley feels the need to change the process, Chairman DiPace asked that he let the Commission know.

Attorney Stavropoulos stated the way the statute is written, it takes it out of the Planning and Zoning Commission’s purview. The Council is the one who passes the ordinance and the manager would appoint the hearing officer. It is a collateral track and it puts it in the hands of the Town Council. Attorney Stavropoulos stated her office is here should the Commission decide they want to put the fines forward again. They would make any changes in the old ordinance to make it comply with the statute which has been revised several times in the past ten years.

c. Director of Planning

Mr. Giner reported Roger Alsbaugh will be returning to work on Tuesday. Mr. Giner has also been interviewing for Mr. Angus’ position and has four candidates. Chairman DiPace stated the Commission bylaws state that any staff has to be approved by this Commission. Mr. Giner stated that has not been done in the past and he would have to check with Human Resources and discuss the procedure. Following further discussion, Commission members asked that they review the resumes.

Mr. Giner again addressed Mill Street. He acknowledged there was nothing that could be done under zoning. It shows up as a lot. Chairman DiPace stated the Commission will inform the Town Council about Mill Street.

5. Public Participation

William Guzzi, 275 Brainard Road, stated he has been an Enfield resident for many years and graduated from the Suffield Agriscience Center with a degree in plant science. He is present tonight because he received a cease and desist order from Mr. Bickley regarding the property in which he currently resides. The zoning violation letter stated there was construction and landscaping equipment on his farm causing a zoning violation. Mr. Guzzi stated this construction equipment was hired to aid him in preparing the land for planting. Any machinery has since been removed to be in accordance with zoning regulations. He is trying to turn his farm into more fertile land for farming. In 2003 he acquired another property on Long Hollow Road which was the former pig farm. In the past three years he has owned the property, he has cleared the land, cleaned it up and now has a working orchard. He wishes to expand his farming operation that currently exists at 275 Brainard Road. He plans on expanding the orchard area and growing nursery stock. As a farm, the property will need to be maintained which will require the use of various farm machinery and equipment. Mr. Guzzi’s intent is to only farm the land and not to be in violation of any ordinances.

Chairman DiPace asked if he resides on Brainard Road. Mr. Guzzi stated he has and regarding the landscaping company, he has since moved it to East Windsor. Chairman DiPace stated the landscaping company was the issue because of the number of trucks. Chairman DiPace asked about the farm operation. Mr. Giner stated Mr. Guzzi would need permits for any farm buildings that he puts up and there are standards.

Mr. Guzzi explained where he lives on Brainard Road. Regarding the dump truck in the area brought up by Commissioner Duren, about a month ago, they cleared out the trees and had to move out the material. It was a short term thing. There is still some mulch that has to be removed and it will also be short term regarding the dump trucks going in and out. Currently the land is flat and level with a one acre orchard. Some top soil is still needed.

Jack Sheridan, 7 Buchanan Road, Enfield, asked if he could speak on PH#2571 and PH#2572. Chairman DiPace stated they are being continued to October 19, 2006 because their signs were not properly posted.

Mr. Sheridan stated he was concerned because McGuire Group was one of the corporations the town hired to look into the drainage and the situation in the field and the remediation of the pollution in the field. Now, from reading the morning Hartford Courant, the McGuire Group is under scrutiny. The mess runs deep and they have been found to have given payoffs of $24,000 and $30,000 to different municipalities. It concerns drainage and drainage is one of the things they had originally discussed. A company by the name of McDermott said they required drainage and in the paper it said, they don’t need to put the drainage in because McGuire Group said they didn’t need it. McDermott on two occasions, one at the Council meeting and one in the budget hearings, presented the fact that drainage was needed and showed a piece of the drainage material. In order to warrantee the turf for whatever length of time, it would need to have this type of drainage. Then McGuire comes along and says they don’t need the drainage. Mr. Sheridan discussed others that have dropped the McGuire Group. He felt before any decisions were made, he would want to try to insure that the town is using reliable information.

Commissioner Hickey suggested Mr. Sheridan bring this information up at the hearing October 19 so that it is on the record of the hearing. Mr. Giner stated the design engineer is Milone and MacBroom and not McGuire Group.

Mr. Sheridan discussed the drainage that was under Enfield Street School which was a clay pipe from thirty to fifty years ago. He pointed out the fix that was done to this pipe because it collapsed. It was not considered at the time to be a permanent repair but a fix so that they could continue to use the fields. Mr. Sheridan stated there is a lot of information about that drainage and one of the things that was brought up was the drainage material was to be the most reasonable approach rather than having to dig up the fields. The drainage material would be put near the surface and would need to be maintained. It would serve the purpose well. Mr. Sheridan stated the McGuire Group is also the consultant on the Town Farm Road Bridge and the Powder Hollow Bridge. He presented pictures of the condition of the Town Farm Road Bridge. Mr. Sheridan stated he has a letter from the McGuire Group stating that bridge is okay. On the second page of that letter it states there would be periodic inspections by the town after any major rain events. Mr. Sheridan noted there have been a lot of them.

Mr. Sheridan stated at the time he asked for a drawing of the bridge and was provided with the drawing before the Commission. He noted the pylons are not cement but steel. He discussed the condition of the bridge as shown in the pictures. He questioned seeing these pictures and then having McGuire Group tell you the bridge is okay and safe.

Mr. Sheridan also discussed the Powder Hollow Bridge which is scheduled to be worked on this spring.

Mr. Sheridan stated all of these things point to the suspicions. The article on McGuire said they were indicted and were prosecution witnesses toward corruption on some similar projects in Boston and Pawtucket, Rhode Island. They were actually banned from doing state work for two years and they are now back in the game.

CORRESPONDENCE

Chairman DiPace stated Correspondence includes:

A memo from Neil Angus on SPR#1296 Landscape Modifications

The Inland Wetlands Notice of Action for September 19, 2006

The Zoning Board of Appeals Notice of Action for September 25, 2006.

The Historic District Notice of Action for September 27, 2006.

Commissioner Duren asked about reasons for the Zoning Board of Appeals’ actions. Mr. Giner stated those would be included in the meeting minutes. Mr. Giner further explained the ZBA’s actions regarding a gazebo that was approved. Mr. Giner will put the ZBA Minutes on the town’s web site.

Mr. Giner cited a memo from Attorney Susan Hays requesting an informal meeting with the Commission. She has a client interested in the property on the south side of Middle Road. Chairman DiPace directed Mr. Giner to put it on the agenda on October 19 after the public hearings. Otherwise, it would be scheduled in November.

COMMISSIONERS’ CORRESPONDENCE

Chairman DiPace notified Mr. Giner today about Circuit City. When the Commission approved Circuit City, one of the things discussed was not closing off the drive aisle directly in front of Circuit City going to Home Depot. Over the last couple of weeks they have been closing off more than half of it and for the last three days, they had it completely closed off with no through traffic. Chairman DiPace asked that Mr. Giner notify Attorney Susan Hays about this and remind her of the Commission’s discussion about this drive aisle during the hearing. Mr. Giner will contact Attorney Hays tomorrow morning.

Chairman DiPace stated Commissioners’ Correspondence includes information from the American Planning Association, a public water seminar for local health officials to be held October 24 in Hartford and November 16 in Prospect, a seminar on smart growth, smart redevelopment and smart zoning to be held in New Jersey, the magazine from the American Planning Association, Connecticut Towns and Cities, and the College of Natural Resources Journal from the University of Connecticut.

PUBLIC HEARINGS – NEW

a. PH#2568 – 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. (Must close by November 2, 2006.)

Chairman DiPace opened this public hearing and requested public input. No one spoke in favor or against this application. This hearing was continued to October 19, 2006.

b. PH #2571 - Special Use Permit 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. (Must close by November 2, 2006)

This hearing will be held on October 19, 2006.

c. PH #2572 - Special Use Permit for reconstruction of running track, athletic fields and bleachers, installation of synthetic turf and 80 ft. lights at existing football field at Fermi High School, 124 North Maple Street, zoned R-33, Map 82, Lot 14, Enfield Department of Public Works, Applicant/Town of Enfield, owner. (Must close by November 2, 2006)

This hearing will be held on October 19, 2006.

NEW BUSINESS

a PH #2191 - Request for renewal of the excavation (Earth Removal) permit for 112 Broad Brook Road , Map 103, Lot 39, Zoned R-44 - Botticello, Inc. Last renewal will be up on October 16, 2006.

Mark Zessin of Anchor Engineering appeared before the Commission regarding this request for renewal of the excavation permit for Botticello, Inc. He noted there has been less than 5,000 yards removed in the last three years. Mr. Giner stated Wetlands has renewed the permit for five years and he has not received any violation notices for this operation.

Chairman DiPace made a request that the owner clean up the equipment and vehicles presently in disrepair in the front of the property. Mr. Zessin stated he will pass that request on to the owner.

Commissioner Duren made a motion, seconded by Commissioner Jones, to approve the request for renewal of the excavation (earth removal) permit for 112 Broad Brook Road, Map 103, Lot 39, zoned R-44, Botticello, Inc. or until October 16, 2008. The motion was approved by a 7 – 0 – 0 vote.

b. SPR #1383 - Request to construct a building approximately 40 ft. x 100 ft. to house a conveyor system and saw that will be used during its normal daily operations by Carris Reels at 20 Oak Street, Zoned I-1, Map 92, Lot 43. (Decision by November 16, 2006)

Some discussion followed regarding Mill Street. Steve Ciborin, General Manager of Carris Reels appeared before the Commission regarding this application. He stated Mill Street, the repo yard and the building along Mill Street are still owned by the Bridge family.

Mr. Ciborin stated he is requesting approval of the site plan review for the proposed building to house a conveyor system and saw. They already have their piece of equipment and they are soliciting bids for the building. It is a salt box style metal building in a barn red color. Having the new building would be an asset to their operation.

Mr. Ciborin stated the cutting saw is like a chain saw and they would be making a few cuts a day on packs of lumber. He cannot imagine the saw would be any greater noise than the three planers that presently operate with the doors open facing the neighborhood now. Their opening is facing away from the neighborhood the way they are proposing it. During busy times they may run from 6:00 a.m. to 6:00 p.m. but their normal operation is 7:00 a.m. to 4:30 p.m. Their busy months are April and October.

Commissioner Cooper felt 6:00 a.m. was a little early for this use. Chairman DiPace recommended 7:00 a.m. instead. Discussion regarding noise followed. Chairman DiPace saw a need for this operation to meet the requirements of the town’s noise ordinance. Mr. Ciborin stated they try to be sensitive and not run their planers at night. If they find the noise is prohibitive, they could add flaps that hang down to deaden the sound.

Commissioner Hickey felt the building fits in with the character of the neighborhood.

Commissioner Hickey made a motion, seconded by Commissioner Cooper, to waive the submission of the site plan requirements of 9-10.2 for SPR#1383, Carris Reels, 20 Oak Street. The motion was approved by a 7 – 0 – 0 vote with Alternate Ladd voting.

Commissioner Hickey made a motion, seconded by Commissioner Jones, to approve SPR#1383 with the standard applicable conditions. The motion was approved by a 7 – 0 – 0 vote with Alternate Ladd voting.

BOND RELEASES

a. PH #2488 - Request for release of $4,500 Erosion &
Sediment Bond for Enfield Federal Community Credit Union on 11 Cranbrook
Boulevard.

Commissioner Duren made a motion, seconded by Commissioner Weseliza, to release the $4,500 erosion and sediment bond for Enfield Federal Community Credit Union at 11 Cranbrook Boulevard. Reference is made to a memo from John Cabibbo dated August 31, 2006 recommending release. The motion was approved by a 7 – 0 – 0 vote.

OTHER BUSINESS

a. Applications To Be Accepted

The following applications were accepted by the Commission:

PH#2576 – Application for a special use permit for a hair salon at 117 Hazard Avenue, zoned BP, Map 65, Lot 68, Laurie Meehan, Applicant.

A public hearing will be scheduled for November 2, 2006.

PH#2577 – Application for a special use permit to construct a four-bay garage for storage and parking at 1315 Enfield Street (Felician Sisters) zoned HR-33, Map 46, Lot 2.

A public hearing will be scheduled for November 2, 2006.

PH#2578 – Application for a special use permit for a police shooting range at the Enfield Town Landfill on Town Farm Road.

A public hearing will be scheduled when the application is ready.

SPR#1384 – Application for proposed addition to existing building with parking lot at 229 Post Office Road, zoned BL, Map 69, Lot 232, Sands Aeschliman representing applicant.

Mr. Giner presented the plans for this application. Commissioner Weseliza made a motion, seconded by Commissioner Jones, to convert SPR#1384 to a public hearing. The motion was approved by a 7 – 0 – 0 vote.

ADJOURNMENT

Commissioner Hickey made a motion, seconded by Commissioner Weseliza, to adjourn. Following a unanimous vote, the Commission adjourned at 9:20 p.m.

Respectfully submitted,

_________________________

Charles Duren, Secretary

Enfield Planning and Zoning Commission

jmr

Last Modified: 11/17/2006 11:56:57 AM