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TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
Minutes
September 14, 2004
Present: Paula Johnson, Chairman, Daniel P. Brown, Jr., Margaret Chapple, James Sansone, Linda Spevacek Frederick Wilhelm, Francis Armentano, Director of Community Development and Edward Sweeney, Town Engineer.
The meeting opened at 7:04 p.m.
Public session: There was no public comment.
ON A MOTION by James Sansone, seconded by Frederick Wilhelm, the Commission voted to approve the minutes of July 27, 2004. All approved. Peggy Chapple abstained.
At 7:06 p.m., the Commission opened a public hearing regarding an application for a Special Permit and Site Development Plan for property located to the south of the State Line Oil buildings, 514 Salmon Brook Street, file Z-17-04. Brian Guarco, owner, began the presentation by explaining the Propane fuel operation. Chris Stenson of Alford and Associates provided the engineering details and explained the site drainage, access, circulation and overall layout. Richard Lavengood of Relco Engineering discussed the fire safety plan for the operation. Mr. Lavengood attempted to address various issues, stating that he has been meeting with the towns’ Fire Marshal to resolve them. The Fire Safety Report is a part of the file, as is a written comment sheet from Fire Marshal John Oates. Mr.
Lavengood indicated that only two issues remain from the 11 issues initially identified. John Oates addressed the Commission stating that the most serious issue was the inability of the local fire department to provide the required minimum of six hundred gallons of water per minute, for an indefinite period of time as required by the fire safety regulations. The applicant will address this issue at the following meeting. Additional unresolved issues relate to the site lighting, fencing and building design. Also, the curb cut needs final approval from the State Transportation Department. The applicant stated that only one 10,000-gallon truck would be delivering propane to the site per week. The applicant amended this statement, saying that that during the winter months up to two 10,000 gallon trucks per week would be delivering propane to this site. Town Engineer, Ed Sweeney requested drainage calculations, suggested that the plans include a
yard drain detail and further suggested that hoods be added to the basins. The members of the public who spoke were located in the residential zones opposite Salmon Brook Street and in the area of West Lakeside Drive. They voiced a variety of concerns regarding the safety of this proposal. Other items mentioned were, lighting, aesthetics, landscaping and building design. In regards to the site lighting, the applicant indicated that when trucks were delivering fuel at night, the site lights would operate on a timer and would go off following the completion of the delivery. A full site lighting report will be available at the next meeting. The public hearing adjourned for the evening at 8:55 p.m. and will be continued at the September 28, 2004, meeting.
At 8:56 p.m., a public hearing was opened on an application for a Special Permit that proposes a restaurant serving alcoholic beverages and located within an aquifer protection overlay zone for property located at 7 Mill Pond Drive file Z-22-04. Greg Maglieri, owner of the property, presented the application details. He discussed the restaurants’ operation, signage and hours of operation. It is anticipated that the restaurant will operate from 10:00 a.m. to 10:00 p.m. This will be a family style restaurant, the layout of the facility, tables and seating pattern are shown in the file drawings. A variety of questions were put forth from the Commission and addressed by the applicant. Ed Sweeney discussed some concerns regarding sewage disposal and the need for grease traps.
This matter will be addressed with the building official at time of building permit application. There were no comments or questions from the public and the hearing closed at 9:07 p.m.
At 9:08 p.m. a public hearing was opened on an application for special permit for a Residential Landscape Business for property located at 188 Salmon Brook Street. File Z-23-04. Bruce Unger and Corey Unger presented the application to the Commission. The applicant discussed the overall operation of the business, including new construction of a barn, the parking and storage of vehicles, landscaping and screening. The applicant had submitted a document referencing all issues as outlined and proposed within the residential landscaping regulation. The Commission asked questions regarding the site plan and sought to have specific issues addressed. The operation currently spans 2 separate lots and as proposed the location of buildings and storage would be in violation of the required
sideline. The applicant has indicated that a map showing the 2 lots combined as one is being prepared by Henry Cotton and Associates and will be submitted for the next meeting. The Commission asked for public input and received only one comment, which was in support of the application. The public hearing portion of this application was closed at 9:20 p.m., and will be continued at the Commissions’ September 28, 2004, meeting.
At 9:21 p.m. the Commission opened a public hearing concerning a modification to the conservation easement that the Commission previously placed on an undeveloped residential building lot located at 7 Cooley Road. File P-3-04. Robert Schlicht, owner of the property, outlined the request for the Commission. The applicant seeks a modification of the conservation easement as proposed on a map titled Compilation Plan for Robert Schlicht, Lot No. 10 dated August 10, 2004. The change in the plan is requested due to continuing conversations with the Inland Wetlands and Watercourses Commission. This Commission apparently did not like the previously approved house location. The Inland Wetlands and Watercourses Commission has since issued a permit for a stream crossing which will permit the
construction of the house to the rear of the property. However, even this new location may require further Inland Wetlands and Watercourses Commission action. The applicant also indicated his desire to have the property used for agricultural use and asked that the Commission agree that agricultural buildings could be placed within the remaining conservation easement. There was no public comment and the public hearing closed at 9: 20 p.m.
The Commission held an informal discussion with Kevin Marshal, owner of the Dutch Iris Inn, concerning the existing regulations for Bed and Breakfast. Mr. Marshal would like to build a new Bed and Breakfast building, containing up to nine additional bedrooms. He also discussed hosting weddings on the property. The Commission indicated their pleasure with the quality of the operation, as it currently exists. However, they hesitate to support any use that might conflict with the typical residential use. While the current operation has blended well within this area, it was agreed that there is a limit to the number of rooms that would be reasonable in a residential zone. The Commission indicated their willingness to consider an amendment to allow additional bedrooms beyond the currently
allowed six in a residential zone for a Bed and Breakfast, but was less than enthusiastic about further broadening the commercial activity related to the use. Kevin Marshal indicated his desire to proceed in preparing an amendment to Section 8.10.
The Commission discussed the Schoolhouse Road subdivision and the failure of the developer to complete the public improvements as required by State Statute and the Town’s Subdivision Regulations. Town staff has advised the developer on more than one occasion on the need to make progress and has discussed the matter with his attorney. It recently came to light that the developer is currently incarcerated at the Berkshire County House of Corrections. The Commission authorized the Town to complete the required improvements, using the funds that the developer placed on deposit with the Town to guarantee the completion of such work.
ON A MOTION by Jim Sansone, seconded by Linda Spevacek, the Commission voted to recommend that the following roads be accepted as Town Roads:
Strawberry Fields, Cone Mountain Road, Mill Pond Drive.
All approved
ON A MOTION by Jim Sansone, seconded by Fred Wilhelm, the Commission voted to approve an application for a Special Permit that proposes a restaurant serving alcoholic beverages and located within an aquifer protection overlay zone for property located at 7 Mill Pond Drive file Z-22-04, with the condition that the hours of operation shall be limited to 10:00 a.m. to 10:00 p.m. All approved as the Commission found the request to be in conformance with the Zoning Regulations.
ON A MOTION by Peggy Chapple, seconded by Jim Sansone, the Commission voted to approve a modification to the conservation easement that the Commission previously placed on an undeveloped residential building lot located at 7 Cooley Road. File P-3-04, as outlined on a map titled Compilation Plan for Robert Schlicht, Lot No 10. dated August 10, 2004 together with the approval for the construction of agricultural buildings and the agricultural use of property within the conservation easement, provided all necessary permits are issued for such activity by the Inland Wetlands and Watercourses Commission.
The meeting adjourned at 10:25 p.m.
Respectfully submitted,
Francis G. Armentano
Acting Recording Secretary
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