REGULAR SESSION MINUTES
PLANNING AND ZONING COMMISSION
JUNE 27, 2012 AMENDED July 5, 2012
A Regular Session Meeting of the EAST HARTFORD PLANNING AND ZONING COMMISSION was held in the Town Council Chambers, 740 Main Street, East Hartford, Connecticut on June 27, 2012.
The meeting was called to order at 8: 22 p.m.
ROLL CALL
Present:
Anthony F. Kayser; Chairman;
John Grottole;
John Ryan;
Kathleen Salemi; Secretary
Paul J. Roczynski;
Thomas Fitzgerald;
Travis Simpson (Alternate);
Crystal Hernandez (Alternate);
Absent:
Pete Bonzani, Vice Chairman;
Mary Whaples (Alternate);
Also Present:
Michael Dayton, Town Planner
M. Denise Horan, Town Engineer
CALL TO ORDER
Chairman Anthony Kayser declared a quorum present. Chairman Kayser stated that Crystal Hernandez would be voting in place of Pete Bonzani. Additionally, Chairman Kayser stated that the Commission would be voting with seven members.
* * *
APPROVAL OF MINUTES
Design Review Meeting – June 13, 2012
Upon a motion by Paul Roczynski, seconded by John Ryan, the Commission Voted (7-0) to Approve the above minutes.
Regular Session Meeting – June 13, 2012
Upon a motion by Paul Roczynski, seconded by Kathy Salemi, the Commission Voted (7-0) to Approve the above minutes.
* * *
Regular Session Minutes
June 27, 2012
Page – 2 –
SPECIAL PERMIT APPLICATION – Under sections 205.1(d) to allow conversion from a filling station repair facility to a filling station with a convenience store on land located at 451 School Street.
Assessors Map # 39 Lot #108
Applicant: Mohammad Raza
(Tabled from the June 13, 2012 Public Hearing)
Upon a motion by John Grottole, seconded Tom Fitzgerald, the Commission Voted (7-0) to Approve the above Special Permit Application.
* * *
SITE PLAN APPLICATION – 451 School Street, Installation of new store front entrance and sloped walk to an existing automobile filling station.
Applicant: Wasu LLC by Mohammad I. Raza
(Tabled from the June 13, 2012 Public Hearing)
Upon a motion by John Grottole, seconded by Tom Fitzgerald, the Commission Voted (7-0) to Approve the above Site Plan Application with the following conditions:
- In evaluating this application, the Planning and Zoning Commission has relied upon information provided by the applicant and, if such information subsequently proves to be false, deceptive, incomplete, and / or inaccurate, this permit shall be modified suspended or revoked.
2. Final plans are to be signed and stamped by the Professional Engineer, Land Surveyor, or Architect licensed in the state of Connecticut who is responsible for the work.
3. Provide a site plan approval block and engineering inspection note on each sheet of the plan set.
4. On the plan, add a note to specify that all disturbed areas are to have turf established unless otherwise specified on the plan.
5. On the plan, provide dimensions to layout and locate the proposed sidewalk and pavement restoration. Add all necessary details to construct the proposed site improvements including but not limited to sidewalk, cast-in-place detectable warning tile, curbing, and pavement repair details.
6. Review and revise the plan as necessary to relocate or provide some other means to address potential icing caused by the downspout that is adjacent to the end of the proposed sloped sidewalk.
7. Review and revise as necessary the proposed driveway entrance modifications for a fuel delivery truck to access the tank fill area and graphically depict the turning movement for the truck on the site plan.
* * *
MAJOR FLOOD HAZARD ZONE DEVELOPMENT PERMIT APPLICATION - East Hartford Flood Control System, To allow repairs at railroad closure & Main Street closure structures, repairing the concrete floodwall at the Riverpoint Condominium complex, removing vegetation, repairing animal burrows, replacing rip rap on riverside surface of the levee,~relocation fencing and guardrails, minor re-grading & sod repair on levee system, and abandoning utilities in front of the Riverpoint Condo floodwall.
Applicant: Town of East Hartford; Timothy A. Bockus, Director of Public Works
Regular Session Minutes
June 27, 2012
Page – 3 –
Upon a motion by Kathy Salemi, seconded Paul Roczynski, the Commission Voted (7-0) to Approve the above Major Flood Hazard Zone Development Permit Application.
* * *
NATURAL RESOURCES APPLICATION - East Hartford Flood Control System, To allow repairs at railroad closure & Main Street closure structures, repairing the concrete floodwall at the Riverpoint Condominium complex, removing vegetation, repairing animal burrows, replacing rip rap on riverside surface of the levee,~relocation fencing and guardrails, minor re-grading & sod repair on levee system, and abandoning utilities in front of the Riverpoint Condo floodwall.
Applicant: Town of East Hartford; Timothy A. Bockus, Director of Public Works
Upon a motion by Paul Roczynski, seconded by Tom Fitzgerald, the Commission Voted (7-0) to Approve the above Natural Resources Application.
* * *
SOIL EROSION AND SEDIMENTATION CONTROL APPLICATION - East Hartford Flood Control System, To allow repairs at railroad closure & Main Street closure structures, repairing the concrete floodwall at the Riverpoint Condominium complex, removing vegetation, repairing animal burrows, replacing rip rap on riverside surface of the levee, relocation fencing and guardrails, minor re-grading & sod repair on levee system, and abandoning utilities in front of the Riverpoint Condo floodwall.
~Applicant: Town of East Hartford; Timothy A. Bockus, Director of Public Works
Upon a motion by John Ryan, seconded by Paul Roczynski, the Commission Voted (7-0) to Approve the above Soil Erosion and Sedimentation Control Application.
* * *
8-24 REFERRALS
- Easement Acquisitions for roadway drainage and public sidewalks adjacent to 1-5 Riverside Drive.
Upon a motion by Kathy Salemi, seconded by Tom Fitzgerald, the Commission Voted (7-0) to Approve the above 8-24 Referral.
- Civil works and closure structure repair projects East Hartford flood protection system.
Upon a motion by John Ryan, seconded by Paul Roczynski, the Commission Voted (7-0) to Approve the above 8-24 Referral.
- Improve East Hartford Tax Incentive Program.
Upon a motion by Kathy Salemi, seconded by Tom Fitzgerald, the Commission Voted (7-0) to Table the above 8-24 Referral until the August 8, 2012 meeting and to refer back to the Town Council pending the resolution of the following information:
Regular Session Minutes
June 27, 2012
Page – 4 –
- Question regarding issue of Planning and Zoning Commission jurisdiction? Review of the 8-24 State Statute does not indicate any provision that 12.65d State Statute would fall under it. Specifically, 8-24 State Statute deals with four areas which the Town itself plans to implement such as public roads, public land and buildings, quasi-public, redevelopment and public utilities. No where does it cover action where the Town Council adopts a policy that enables private citizens to qualify for special benefits under the 12.65d State Statute.
While 12-65d State Statute specifically states that a proposal developed under its
provisions should be referred under 8-24 State Statute, there is no such jurisdiction
within 8-24 State Statute to cover such a referral. Section 3(g) of the Council
resolution specifically prohibits use of a town grant or loan further indicating that
it does not fall under the purview of 8-24. Section 3(h) of the proposed program
states that the "Rehabilitation must be compatible with the East Hartford Plan of
Conservation and Development and consistent with the Town's sub-division,
zoning and inland/wetland's regulations”.
- Question regarding designated streets as noted in submitted Town Council resolution?
Reviews of designated program streets on a block map basis indicate property and street discrepancies? It is recommended that designated areas be related to the adopted zoning map with the exclusion of Residential-1 (R-I) zone, Residential-2 (R-II) zone, Design Development District I (DDD-I) zone, and Design Development District II (DDD-II) zone.
* * *
MISCELLANEOUS
Staff presented copies of the new legislation regarding “An Act Concerning the Palliative Use of Marijuana”. It was the consensus of the Commission to review the new law and schedule the land use issue for a workshop in the near future.
- Summary of Connecticut land use court cases
Staff reviewed with the Commission a summary of Connecticut land use court cases from June 1, 2011 – June 15, 2012.
It was the consensuses of the Commission allow installation of new windows, doors and siding as a maintenance item without a site plan application.
Regular Session Minutes
June 27, 2012
Page – 5 –
Staff reviewed with the commission survey requirements for potential clothing donation box applications. It was the consensus of the commission that Section 207.4 of Section B4 would apply.
* * *
ADJOURNMENT
Upon a motion by John Grottole, seconded by John Ryan, the Commission Voted (7-0) to Adjourn the meeting. The meeting was adjourned at 9:26 p.m.
Respectfully submitted,
Kathy Salemi, Secretary
Town Planning & Zoning Commission
| 
