Group of Enfield Homeowners Appeals Planning and Zoning Decision

ENFIELD, CT — The legality of a Planning and Zoning Commission decision to approve a site plan calling for construction of a 500,000 square foot industrial distribution center on North Maple Street and Moody Road is being questioned by a group of neighbors who have taken legal action.

A dozen residents of the Misty Meadows subdivision, through an attorney, filed a Citation and Recognizance, as well as an Administrative Appeal, which requires officials of the Planning and Zoning Commission and developer Winstanley Enterprises to appear in Hartford Superior Court "on or before the second day following the Return Date of September 8, 2020," according to a copy of the 8-page document obtained by Patch from town attorney James Tallberg.

The issue began at a June 25 PZC meeting at which a site plan to develop 71 acres of former farmland at the intersection into a distribution center was to have been approved. During the meeting, some commission members felt a public hearing would be appropriate, despite not being required. A virtual public hearing was slated for July 9.

The process by which the public hearing was conducted was called into question by many of the public participants. Representatives of Winstanley Enterprises were allowed more than an hour at the beginning of the hearing "to advocate for approval of the site plan application." Members of the public, on the other hand, were limited to three minutes each.

After more than 30 members of the public spoke, with all but two opposing the application, "the floor was turned back to the Applicant who provided rebuttal information and responses to comments made by the public," according to the document.

During the rebuttal period provided to the applicant, "several members of the public and counsel for the Plaintiffs utilized the virtual meeting function of "raising their hands" to request an opportunity to be heard, which requests were ignored. The public was given no opportunity to provide any additional information or comments other than the one round of time restricted presentations which amount to a fraction of the time afforded the Applicant," according to the document.

Tallberg then appeared, advising the commission "since the public hearing was not mandatory it should simply be closed. While the commission had more than 100 days before it was officially required to close the hearing and render a decision, the PZC closed the public hearing on July 9 with no further comment from the public," according to the document.

The plaintiffs also contend the PZC violated its own by-laws by continuing the meeting past midnight. A unanimous vote to approve the site plan application was taken at 12:22 a.m.

Citing a litany of procedural violations it claims were made by the commission, the group has asked the court to sustain the appeal, and to rescind approval of the site plan application.

Residents listed as plaintiffs are Stephen and Kathleen Meade of Deer Run, and Winter Way homeowners Gary and Patricia Laflamme, Mathieu and Lisa Rogers, Lee and Loren Garrity, Brian and Sandra Borawski and Dale Butrymowicz and Amy Witbro.

Winter Way bounds the southernmost point of Winstanley's 71 acre parcel. Residents expressed numerous concerns, including heavy truck traffic near Hazardville Memorial School, noise, lighting and aesthetic issues.

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