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TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
June 14, 2005
MINUTES
Present: Margaret Chapple, Acting Chairwoman, Charles Kraiza, James Sansone, Linda Spevacek, Frederick Wilhelm, Francis Armentano, Director of Community Development and Edward Sweeney, Town Engineer.
The meeting opened at 7:03 p.m.
Public session: There was no public comment.
ON A MOTION by Frederick Wilhelm, seconded by Linda Spevacek, the Commission voted to approve the minutes of May 24, 2005 with the following addition: Page 1, paragraph 5, line 22, insert after the words Lot 603 and what the Town uses might be for that property. All approved.
Public hearing on an application for a Special Permit for the Retail Sale of Antiques within an R2A Zone for property located at 74R Silkey Road, File Z-14-05, opened at 7:06 p.m. Louisa and John Mayock introduced themselves as the owners and applicants. Also present was Joyce Kennedy-Raymes, partner in the antique business. Mrs. Mayock began the presentation, describing the location as their family residence where they have lived for 11 years with their 4 children. The business would be located on the second floor of an existing barn that is located approximately 500 feet back from Silkey Road. The applicant stated that the hours of operation would be limited to 9:00 a.m. – 3:00 p.m. on Saturday and Sunday and that they would have weekday hours by appointment only. They
also would be conducting seasonal barn sales 4 times each year. The applicant described the property as being well screened from the road and from the surrounding properties. The Mayock’s believe that the business is appropriate for the area and that it would have no negative effects on the surrounding area or the property owners. Fran Armentano indicated that, based on his discussions with the Building Inspector, public access to the second floor would probably not be permissible, without modifications. However, the business could meet the building code if it was relocated from the second floor. A number of Silkey Road residents voiced their concern for this application. Most felt that retail establishments should not be permitted within this residential area. The residents expressed concerns for lost privacy and security and a possible reduction in property values. The existing speed and traffic on Silkey Road was discussed along with concerns
for parking and increased traffic. The placement of signs was also mentioned as a concern. The applicant addressed most issues by referencing the limited scope and visibility of the operation. Abutting property owners at 96, 84 and 80 opposed the application, as did property owners who live across the street from the applicant. The applicant’s property is accessed over a right of way that belongs Harry and Edith Reynolds, 80 Silkey Road. Rob Reynolds, representing his parents, objected to the application. One member of the public spoke in favor of the Special Permit and a number of letters and phone calls were received in support of the application.
John Mangold, 96 Silkey Road, read a letter into the minutes and submitted it for the file. The file contains various letters in support and opposition to this application. The public hearing closed at 7:59 p.m.
Public hearing on an application for a Special Permit for a Rear Lot off of Old Messenger Road South, Pease property, File Z-15-05, opened at 8:00 p.m. Mr. Pease indicated that as the result of a Superior Court Judgment concerning Old Messenger Road, he has the right to create this rear lot, which would have access from Old Messenger Road South. The soils have not been tested or reviewed by the Farmington Valley Health District nor has the matter been referred to the Inland Wetlands and Watercourses Commission. This is not a subdivision application. Mr. Pease stated that the design of the rear lot is in conformance with all of the dimensional requirements of the Zoning Regulations. He sought approval with the condition that the lot could not be built upon until all necessary approvals were obtained by
the FVHD and Inland Wetland and Watercourses Commission. There was no public comment. The public hearing closed at 8:10 p.m.
Public hearing on an application for a 2-Lot Subdivision for property located on the west side of Messenger Road, property of the Messenger Trust, File P-4-05, opened at 8:11 p.m. Tom Grimaldi, Engineer, presented the proposal to the Commission. Each lot will be slightly larger than 2 acres. The lots will have a common driveway. Mr. Grimaldi reviewed the drainage along Messenger Road and referenced a discussion with Ed Sweeney, Town Engineer. Mr. Sweeney recommended that the remaining property, that is not part of the lots, be identified as ”not buildable at this time”. A letter has been received from Farmington Valley Health District stating the lots are suitable for wells and septic systems. There are no wetlands soils on the property. The open space
requirement had been met as the Messenger Family previously donated 140 acres for preservation purposes. This land is now owned and preserved by the McLean Fund. Staff recommended a modification to Section 3.1.4.15 (streetscape buffer) as Messenger Road is a dead end road serving only four houses and the property would not likely be viewed by the general public. The Messenger Farm Trust owns the property on the east side of Messenger road. There was no public comment. The public hearing closed at 8:18 p.m.
Public hearing on an application for a Special Permit for a Rear Lot Subdivision for property located at 71 Quarry Road and 124 Notch Road, File Z-17-05, opened at 8:19 p.m. Christian Alford, Alford Associates, presented a plan for 4 lots on property currently containing two existing lots of record in a R50 zone. The existing lots are reconfigured into 4 lots, one front lot and three rear lots. The lots will have access from a proposed private road, with lots 3 and 4 serviced by a driveway off of the private road. The intersection of the private road will be less than 400 feet from Eric Drive and therefore a waiver to Section 4.7 is required for approval of the road.
Mr. Alford stated, that in his opinion, the intersection of a private street with only 4 lots would not compromise safety in this area. In an effort to satisfy the Dedication of Open Space requirement of Section 3.1.3, Mr. Alford presented alternate plans showing a proposed open space area and a conservation easement along the northerly border. The conservation easement was also designed to address the required streetscape buffer. Mr. Alford discussed the existing electric power lines and the ROW and responded to the Commission’s questions regarding a 50-foot wide ROW that is in favor of Angelo Tomasso. The Commission members expressed concern regarding the 50-foot ROW. The maximum number of rear lots, as outlined within Section 8.14.1.5, was also discussed. The local neighbors expressed concern
for additional traffic on Quarry Road and commented on the problems with the 5 corners intersection at the end of Quarry and Notch Roads. They mentioned school bus safety, wildlife, drainage, wells, contamination from the disturbance from an old dump, power lines and their general displeasure of previous rear lot approval and another FDR Subdivision. A letter was received for the file from Margaret Adamec, 65R Quarry Road. The public hearing closed at 9:15 p.m.
The Commission received an application for a Special Permit for a restaurant for property located at 18 Hartford Avenue, File Z-18-05 and scheduled a public hearing to renew a Special Permit for earth excavation for property located at 536 Salmon Brook Street, File Z-17-05, for July 26, 2005.
ON A MOTION by James Sansone, seconded by Fred Wilhelm, the Commission voted to approve an application for a Special Permit for a Rear Lot off of Old Messenger Road South, File Z-15-05, as outlined on a map titled Proposed Rear Lot, Property of William Pease, dated February 7, 2005, drawing Number 2005-12, with the following condition:
· A note must be placed on the final approved plan, mylar copy, which states that this lot is not approved for construction of a residence at this time. The Commission may approve the lot for residential construction at a future date, upon receipt of an application that properly demonstrates that the site complies with the Connecticut Health Code, demonstrated by written correspondence from the Farmington Valley Health District and a review or release from the Inland Wetlands and Watercourses Commission as may be required.
All approved as the Commission found that the rear lot was in conformance with the Zoning Regulations and that the approval was in accordance with stipulated judgment of the Connecticut Superior Court.
ON A MOTION by Fred Wilhelm, seconded by James Sansone, the Commission voted to approve an application for a 2-Lot Subdivision for property located on the west side of Messenger Road, property of the Messenger Farm Trust, File P-4-05, as outlined on a map titled Subdivision Plan Lots 1 and 2, Prepared for Todd M. Forsyth and Kurt Forsyth, prepared by Henry Cotton and Associates and dated June 2005 and a map titled Site Development Plan, Lots 1 and 2, Messenger Road, prepared by R.R. Hiltbrand Engineers and Surveyors, dated 6-2-05, with the following conditions:
1. The driveway drainage detail shall be modified in accordance with the recommendation of the Town Engineer.
2. A note must be placed on the final approved plan, mylar copy, which states that the “Remaining Land “ of the Messenger Trust is not approved for residential construction at this time.
All approved, with the modification to eliminate the required Streetscape buffer due to the placement of the homes and the nature of the street. The Commission found the application to be in conformance with the Subdivision Regulations.
The meeting adjourned at 9:23 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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