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Planning & Zoning Minutes 04-26-05
TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
APRIL 26, 2005


Present:        Paula Johnson, Chairwoman, Daniel P. Brown, Jr., Margaret Chapple, Charles Kraiza, James Sansone, Linda Spevacek, Frederick Wilhelm, Francis Armentano, Director of Community Development and Edward Sweeney, Town Engineer.

The meeting opened at 7:05 p.m.

Public session:  Edie Duncan discussed the high quality of the Belden Brook.  She presented the Commission members with a copy and read into the minutes a letter from Mike Beauchene, of the Connecticut Department of Environmental Protection, regarding Belden Brook.

ON A MOTION by James Sansone, seconded by Fred Wilhelm, the Commission voted to approve the minutes of April 12, 2005 with the following correction:  Page 1, paragraph 5, line 8, the word Commission should follow Conservation.  All approved.  Charles Kraiza abstained.

Jim Sansone noted the length and complexity of the April 12, 2005 minutes and commended Dorcus Forsyth on the fine work.


Ed Lally, P.E., informed the Commission that due to timing restraints, the application for the 2-lot FRD Subdivision for property located at 100 Lost Acres Road, File Z-4-05, has been withdrawn.  He asked that the Commission re-receive the application at this meeting and schedule a public hearing on the application for May 24, 2005.  The Commission will decide at their May 10th meeting when to set the public hearing, pending receipt of the requested soil testing results.

Public hearing on a Special Permit for Accessory Apartment, property located at 296R Loomis Street, File Z-9-05, opened at 7:14 p.m.  Steven Bednaz, applicant, presented the house design plan and reviewed the location of the property with the Commission.  Mr. Bednaz indicated that this apartment would be used exclusively by his elderly parents.  He stated that this dwelling would be serviced by a common heating source with perhaps 2 zones and a common electrical panel.  The Accessory Apartment will share a main wall with the primary living area.  There was no public comment.  The public hearing closed at 7:26 p.m.

Public hearing on an application for a Special Permit for FRD Subdivision, final phase of development for Cider Mill Heights, File Z-5-05, opened at 7:28 p.m.  Jim Sansone abstained and removed himself from any participation regarding this matter and left the Commission table.  Ed Lally, P.E., stated he and Tom Fredo have been developing this area since 1998.  He presented a map and gave an overview of the prior phases of development.  Mr. Lally indicated this is a FRD Subdivision of 39 lots, with open space areas and a lot to be deeded to the Town.  The east and west portions of the previously constructed Cider Mill Heights roads will be joined.  A new town road is proposed to be constructed, together with three private roads.  A parcel of land to be gifted to the Town was discussed.  Open space and access to the open space was also discussed.  A copy of the Homeowner’s Association Declaration was submitted and discussed in detail.  Much of this discussion focused on the preservation of existing trees and the condition of the homeowners open space.  Various changes in the document were suggested, primarily concerning ridgelines, lighting, tree removal, open space and enforcement of the declaration.  A letter has been received from Farmington Valley Health District.  The letter indicated that 11 lots would require further testing and noted that the majority of the lots are very restrictive and any changes will require additional testing before FVHD approval. The letter further notes that all of the lots will require septic fill with some requiring pump systems.  Members of the public expressed a wide variety of concerns and commented on the developments impact on the ridgeline, lights, visibility of existing houses, restrictions for cutting trees, open space access, soils, grades, failed past performance, abutting wells, wildlife, limits on the height and color of new homes and more.  A resident of Cider Mill Heights opined that this was the best subdivision in town and felt that homes could only be seem from Silkey Road.  Chris Anderson, Conservation Commission, Chairman outlined the Commission’s opposition to the development, particularly in regards to the placement of new homes on the ridgeline. She submitted a memo from the Conservation Commission, outlining the concerns and including photos.

Commission members unanimously agreed the application presented many areas of significant concern, including the FVHD letter, open space, soils slopes and the impact on the ridgeline. The public hearing adjourned at 9:15 p.m. and will be continued May 24, 2005 to allow the applicant more time to work with FVHD.

The Commission reviewed the Site Plan and Special Permits relating to the modification of the existing use of property located at 19 Hartford Avenue from a gas station and automotive repair garage to a gas station and convenience store, Cumberland Farms, as outlined in File Z-8-05.  Put Brown disqualified himself from this discussion.

ON A MOTION by James Sansone, seconded by Margaret Chapple, the Commission voted to approve a Site Plan and Special Permits relating to the modification of the existing use of property located at 19 Hartford Avenue from a gas station and automotive repair garage to a gas station and convenience store, Cumberland Farms, as outlined in File Z-8-05, as follows:

The application is approved as outlined within the application booklet, dated March 18, 2005, prepared by Shipman and Goodwin and on maps titled Cumberland Farms, 19 Hartford Avenue, Granby, Connecticut:

Title Sheet –dated 3-18-05
Property/Topographic Survey – revised to 3-18-05
Layout Plan - dated 3-18-05
Landscape Plan- dated 3-18-05
Grading, Sedimentation and Erosion Control Plan- dated 3-18-05
Utility Plan- dated 3-18-05
Details- Sd1-Sd4 - dated 3-18-05
Notes- dated 3-18-05
Fire Suppression Plan – dated 2-22-05
Tank Installation Details – dated 2-10-05
Canopy Elevations- dated 2-8-05
Sign Drawing- dated 2-9-05
Directional Sign Details- dated 2-11-05
Site Lighting Plan- dated 2-23-05
Building Floor Plan- dated 2-17-05
Building Exterior ElevationsA3.1- dated 2-17-05
Building Exterior ElevationsA3.2- dated 2-17-05
Building Lighting Plan- dated 2-17-05

1.      All elements of the plan shall be constructed as specifically outlined within the above referenced plans, except as modified below.

2.      The unified sign plan is approved except that the freestanding sign shall have a maximum width of 4 feet and a maximum total area of 26 square feet.

3.      The site was previously used for automobile repair and gasoline sales and the buildings were previously connected to an on-site septic system and floor drains possibly connected to dry wells.  Therefore, after demolition and prior to the start of construction the Town Community Development staff shall meet with the applicant to establish various locations where soil samples should be taken and tested for contaminants related to these activities.  A report of the test findings shall be filed with the Town Office of Community Development.  The report shall compare the findings with the State of Connecticut Remediation Standard Regulations and, if applicable, provide for remediation or abatement activities in accordance with such Regulations and/or in accordance with the recommendations and policies of the Connecticut DEP Enforcement and Remediation Division of the Bureau of Water Management.

4.      No certificate of occupancy shall be issued until an As-built Plan of the site is filed in the Office of the Town Clerk.
Page 4          PZC             April 26, 2005

The approval includes a waiver of the minimum 15 foot parking side yard outlined in section 7.3.1 as the plan significantly reduces the overall amount of paved area that currently exists on this site and reduces the number of parking spaces that currently exist within the 15 foot side yard.

All approved, with Charles Kraiza abstaining, as Commission found that the proposal:
Removes an existing automobile repair facility from the Aquifer.
Reduces the amount of impervious material
Improves stormwater management.
Brings the site into conformity with the regulations.
Significantly reduces the threat to the aquifer.
Improves vehicular circulation.
Improves the aesthetics of the site.

Note: Put Brown did not participate in the process of this application or the discussions that resulted in the final vote.  Mr. Brown is not identified as abstaining from the vote, as he had previously removed himself from the entire matter and was absent from the discussion and the vote.

The Commission set public hearings for May 10, 2005 for the following:

·       Amendment to Section 4.16 Private Street, File P-3-05
·       Site Plan Modification for Rome’s Sporting located at 335 Salmon Brook Street, File Z-10-05.

The Commission set a public hearing for a Zone Change for property at 379 North Granby Road, File Z-11-05 for May 24, 2005.

The Commission held an informal discussion with Tammy Tanner.  Ms. Tanner requested a temporary modification to the existing Site Plan for property located 18 Hartford Avenue.  Ms. Tanner informed the Commission that she would like to temporarily locate a dinner she is buying on a section of this property while she pursues final site plan approval for this property. A map was submitted outlining the temporary location.

ON A MOTION by Put Brown, seconded by James Sansone, the Commission voted to approve a request for a 6 month temporary modification to the existing Site Plan for property located at 18 Hartford Avenue.  The temporary modification will terminate on October 26, 2005.  All approved.

Fran Armentano reviewed with the Commission the original landscaping plan for the Griffin Farms Subdivision, Schoolhouse Road and proposed a modification, designed in accordance with the wishes of the homeowners association.  The bond has been pulled on this subdivision.


ON A MOTION by Charles Kraiza, seconded by Linda Spevacek, the Commission voted to approve a modification to the Landscaping Plan for the Griffin Farms Subdivision, Schoolhouse Road, as submitted.  All approved.

ON A MOTION by Put Brown, seconded by Charles Kraiza, the Commission voted to approve a Special Permit for Accessory Apartment for property located at 296R Loomis Street, File Z-9-05, with the following conditions:

1.      Construction must commence within one year or the permit is null and void.
2.      The apartment may only be used by the relatives of the property owner as presented in the application.
3.      The applicant agrees to allow the ZEO to inspect the apartment on an annual basis.
4.      The applicant agrees to eliminate the additional unit prior to any future sale of the property. This may be accomplished by adding interior, and eliminating exterior access, following the issuance of a building permit.
5.      The property shall be considered as single-family use for all municipal purposes.
6.      The entire structure shall be metered by one common electrical service and a common heating source.


All approved.

The meeting adjourned at 9:45 p.m.

Respectfully submitted,



Dorcus S. Forsyth
Recording Secretary


 
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