TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
July 26, 2005
MINUTES
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: There was no public comment.
ON A MOTION by Fred Wilhelm, seconded by Linda Spevacek, the Commission voted to approve the minutes of July 12, 2005. All approved. Put Brown and Charles Kraiza abstained.
Public hearing on an application to renew a Special Permit for earth excavation for property located at 536 Salmon Brook Street, File Z-17-05, opened at 7:08 p.m. Kevin Johnson stated that Tilcon, Inc. reappears every 2 years for a renewal of the permit as required by the regulations. The 2003 permit required Tilcon, Inc. to submit a revised map of the property, which clearly shows all existing contours, prior to the 2005 request for renewal. Mr. Johnson presented the updated maps, as required. He reviewed the restored areas, discussed active excavation areas and addressed activity within the industrially zoned portion of the site. Frank Lane, Real Estate Director for Tilcon, stated that the Company wishes to continue with the present operations for the foreseeable future. The
long-range use of this property will depend on market conditions. Ed Sweeney commented on the 1950’s Swanson court case and the different areas of excavation. A member of the public inquired about the excavation and removal. The public hearing closed at 7:29 p.m.
The Commission held a discussion on a request to modify the conservation easement for property located at 7 Cooley Road, in accordance with the recent action of the Inland Wetlands and Watercourses Commission. Tom Grimaldi, Engineer, representing John Richardson, presented the plans and reviewed the proposed modifications. Fran gave an overview of the history of the property. The Commission previously modified the conservation easement in September of 2004. However, do to recent Inland Wetland and Watercourses Commission action, an additional minor change is necessary.
ON A MOTION by James Sansone, seconded by Margaret Chapple, the Commission voted to approve a modification to the conservation easement as outlined on a map titled Site Plan, Lot #10, No. 7 Cooley Road, dated April 8, 2005, revised to July 8, 2005. All approved.
The Commission held a discussion of the Meetinghouse Wood Subdivision, the original approval, conditions of the approval, deed restrictions of various lots and the Declaration of Scenic Easement. Fran reviewed the approval of the subdivision. Eric Clapprood, owner, 22 Meeting House Road discussed his recent activity within 150 feet of Creamery Hill Road. He has extended his yard into this area and installed a sprinkler system to aid the growth of a lawn. This area is clearly covered by Declaration of Scenic Easement and Recreational Easement and the Commission stated that the area was to be used for the growing of hay, rye or other annually harvested grasslike crop, for the benefit of livestock or grain supply in the Town of Granby. The Commission clarified the “Recreational” portion of
the Declaration by stating that the intention is to allow for such activities as winter cross-country skiing within the agricultural area. Mr. Clapprood discussed a variety of reasons why he felt that the area should not be used for the purposes stated within the Declaration, but the Commission reiterated its desire to maintain the agricultural presence as required within the original approval.
ON A MOTION by Put Brown, seconded by Fred Wilhelm, the Commission stated that the Declaration of Scenic Easement and Recreational Easement, recorded in Volume 238, Pages 337 and 338 is clear and that the present use of property at 22 Meetinghouse Road is in violation of the document and the Commission’s approval of the Meetinghouse Subdivision. The Commission directed the Zoning Enforcement Officer to enforce the approval. All approved.
The Commission held a lengthy discussion concerning an application for a Special Permit for FRD Subdivision, final phase of development for Cider Mill Heights, File Z-5-05. Jim Sansone and Fred Wilhelm abstained and removed themselves from any participation regarding this matter and left the Commission table.
ON A MOTION by Put Brown, seconded by Margaret Chapple, the Commission took the following action on an application for a Special Permit for FRD Subdivision, final phase of development for Cider Mill Heights, as outlined on maps titled, Cider Mill Heights, Section IV, Prepared for Tom Fredo Builders, LLC, Mountain Road, Granby, CT, Dated February 1, 2005 and revised to May 24, 2005, File Z-5-05.
The Commission denied lots 41, 402, 404, 408, 35, 33, 306, 308, 309, 307, 308, 305, 303 and 31, for the reasons outlined below and encouraged the applicant to reconsider the overall area of these lots and to submit an alternate plan for consideration.
The Commission approved the remaining lots with the following conditions and exceptions:
1. No building permits may be issued for any of the Section IV house lots until such time that the State Department of Transportation issues a revised State Traffic Commission Permit.
2. The mylars shall not be executed and filed until such time that a cash bond in an amount established by the Commission, which guarantees the completion of all public improvements and improvements required by the approval of this application is submitted to the Town. In lieu of the total cash bond the applicant may submit a cash bond equal to 10% of the total bond and establish a Security Agreement in accordance with Section 7 of the Subdivision Regulations.
3. No Certificate of Occupancy shall be issued for any Section IV lot until such time that the connecting portion of Cider Mill Heights Road is completed, to the placement of the base course of bituminous concrete.
4. Tree clearing on individual lots shall be limited to that necessary for the construction of the driveway, house, septic system, well and related infrastructure as shown on the approved comprehensive sedimentation and erosion control plan for that lot.
5. Tree clearing on property of the home owners association shall be limited to the proposed clearing as required to construct the proposed drainage facilities and for any necessary road grading or other construction activity identified on the approved plan. No additional construction, grading, earth removal or clearing of trees is permitted within the open space area.
6. The maximum height of a structure on each individual lot shall be in conformance with Schedule H, as provided by the applicant. Schedule H shall be reproduced on a mylar copy of the approved plan.
7. All driveways shall be designed and constructed in conformance with Section 4.13 of the Subdivision Regulations.
8. All Private Streets shall be designed and constructed in conformance with Section 4.16 of the Subdivision Regulations.
9. Lot 45 and lot 502 are not approved, in recognition of the report from the Farmington Valley Health District. Lot 45 shall be combined with lot 43 and lot 502 shall be combined with lot 504.
10. No road names are approved for the proposed public and private roads. The applicant shall submit the proposed names in accordance with the subdivision regulations for consideration by the Commission.
11. No C.O. Shall be issued for lots 504, 508, 510, 511 and 512 until the private road is constructed and paved in compliance with Section 4.13 and 4.16.
12. Materials which may be necessary for the construction of the subdivision roads and septic systems shall only be delivered to the site, Monday through Friday, between the hours of 8:30 a.m. and 4:30 p.m.
13. All construction traffic and material delivery shall access the site from the eastern portion of Cider Mill Heights Road.
14. A comprehensive sedimentation and erosion control plan shall be prepared for each lot and submitted to the Granby Building Department for review and approval prior to the issuance of a Building Permits for that lot. The Building Inspector may require a Review of Activity be submitted to the Inland Wetlands and Water Courses Commission as necessary or required.
15. Due to the area steep slopes, ledge, poor soil conditions and the need for extensive grading, placement of fill, blasting, excavation and removal of earth, the Construction Schedule and Inspection Schedule, as proposed by the applicant and outlined within the Phasing and Area Plan are made a condition of this approval.
16. All maps, documents, notes and schedules, which assign duties to specific Town Staff or the Commission, shall be modified to read “the Town or its designated agent.”
17. Lot number 603 is provided to the Town for municipal purposes without restriction. The transfer of this lot to the Town shall occur in accordance with Section 8.20.9.2 of the Zoning Regulations.
18. The final subdivision map shall state: This subdivision is based on Flexible Residential Development criteria and, lot area, lot frontage, lot depth, front, side and rear yards shall be as outlined herein and shall take precedence over any contrary zoning requirements. This note shall be placed on a map, mylar copy, which outlines the areas and yards for each lot.
19. All lots in this subdivision shall be granted a scenic easement over the open space within the subdivision, requiring that the open space remain open space in accordance with the regulations. A note to this effect shall be placed on the subdivision map.
20. In accordance with Section 8.20.26c of the Connecticut General Statutes, all work in conjunction with this subdivision shall be completed by July 26, 2010. Failure to complete all work shall result in an automatic expiration of the approval. This wording shall be placed on the final subdivision map.
21. The final subdivision map shall clearly state that all utilities shall be underground including utilities necessary to service those lots accessed by private roads and drives.
22. This subdivision includes the use of a private street. An agreement, which provides for the shared cost of the maintenance of such private street, shall be filed in the land records of the Town of Granby, Town Clerk prior to the issuance of any Certificate of Occupancy for any lot located on such private street.
23. The final mylar of the subdivision shall contain a note, which clearly states that, “the private street will not be owned by the Town and all maintenance, repair and services, such as snow removal, sanding and sweeping of the street, will be the responsibility of the abutting landowners.”
24. The final mylar of the subdivision shall state, “as of the approval date of this subdivision the Town of Granby provides curb side refuse and recycling pick up. This service may or may not be provided to the homes along the private street and could be limited to the intersection of the private street with Cider Mill Heights.”
25. The final mylar of the subdivision shall contain a note which states that “School bus pickup and postal delivery may be not be provided along the private street.” The developer is encouraged to install a mailbox cluster for the homes located along the private street.
26. All existing stone walls located throughout the area of this subdivision shall be preserved. Stonewalls may be relocated as necessary for the construction of approved activities.
27. The road curbing used throughout shall be of a cape cod curbing design.
28. The cul-de-sac landscaping as outlined for proposed Town Road, shall be completed as designed.
29. The Vegetation Preservation and Planting Plan shall be completed as proposed and in accordance with Section 3.1.4.1.2 of the Subdivision Regulations.
30. Any guardrail proposed and/or required within this subdivision shall be of metal rail materials as approved by the Dept. of Public Works.
31. The applicant is required to pay all subdivision inspection fees as outlined within the Town’s policy. These fees will be greater than average due to the added responsibilities placed on the Town by the application.
32. In approving this subdivision the Commission makes no determination on the overall quality of the individual lots. Potential buyers of lots within this subdivision are urged to review the FVHD report, the conditions outlined herein and to anticipate that the development costs of the individual lots may be greater or much greater than average.
33. The Declaration of Restrictions and Protective Covenants and Homeowners Association, as presented to the Commission in its final form, shall be filed in the Granby Land Records and shall not be terminated or amended without the approval of the Commission. All references to the denied lots should be removed from the Declaration of Restrictions and Protective Covenants and Homeowners Association.
The Commission denies lots 41, 402, 404, 408, 35, 33, 306, 308, 309, 307, 308, 305, 303 and 31 based on the information presented, the application record, staff, applicant and public hearing comments and the following:
An alternative layout can aid in maintaining the visual integrity of this hilltop by reducing the number of homes placed near the peak of this site. The applicant previously assured the Commission that phase III of this development would not negatively impact the ridgeline or be easily seen from off the site. This has not proven to be so.
An alternative layout will reduce the need for the numerous private roads that are necessary to service the denied FRD lots and can reduce the impact of placing new homes in back of existing homes.
An alternate plan can reduce the site development environmental impact and costs.
Based on the above and in accordance with Section 8.20.13 the Commission does not find “that the development plan on balance will better serve the Town of Granby and the neighborhood surrounding the development than a Standard Subdivision Development.”
All approved.
ON A MOTION by Put Brown, seconded by Fred Wilhelm, the Commission voted to approve an application to renew a Special Permit for earth excavation for property located at 536 Salmon Brook Street, File Z-17-05 with the following conditions:
1. The file bond must be updated and renewed for the period of the permit.
2. The map shall be modified to show the area coved by this permit and the area covered by the Swanson decision.
3. All other conditions previously attached to the permit as applicable.
All approved as the Commission found the application to be in conformance with the regulations.
Put Brown and Charles Kraiza left at 9:19 p.m. before the discussion on 74R Silkey Road and 18 Hartford Avenue, as they were not in attendance for the public hearings.
The Commission held a discussion concerning 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.
ON A MOTION by James Sansone, seconded by Linda Spevacek, the Commission voted to approve 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, with the following conditions:
1. The site and building are approved with the understanding that the specific area of the antique sales is not approved. The Building Inspector will make a determination as to whether or not the barn can be used as proposed. The antique sales shall not commence until such time that the Building Inspector has approved the location.
2. The sale of antiques shall cease on January 1, 2007, unless the Commission votes to renew the Special Permit. The applicant may seek to renew the Special Permit by filing a request to renew the application. The request to renew may be submitted to the Commission anytime after September 1, 2007. Upon receipt of the request, the Commission shall hold a public hearing to solicit comments on the antique sale business to determine the impact on the neighborhood. Should the applicant fail to file a request to renew the Special Permit by April 15, 2007; the Special Permit shall be permanently terminated. Following the public hearing, the
Commission may vote to revoke the Special Permit, to permit the sale of antiques or to permit the sale with conditions.
3. The antique sales are permitted Monday through Friday by appointment only. Antique sales may occur on Saturdays from 9:00 am to 4:00 pm only. Antique sales may occur on Sundays from 11:00 am to 4:00 pm only. The Saturday hours may be applied to Fridays, no more than 4 times per year.
4. Only one sign, which advertises the sale of antiques, may be permitted. The sign may have a maximum size of 6 square feet and may not be illuminated. The placement of signs that advertise the antique sales off of the immediate premises is prohibited. The placement of such signs shall result in the immediate revocation of the Special Permit.
5. The Special Permit will automatically terminate if the ownership of the property changes from the ownership of record outlined within the Granby Land Records on July 26, 2005.
All approved as the Commission found the application to be in basic conformance with the regulations and that the criteria of Section 8.2 can be satisfied by the conditions and as the impact of the use will be re-evaluated as outlined within the conditions.
ON A MOTION by Margaret Chapple, seconded by Fred Wilhelm, the Commission voted to approve an application for a Special Permit and Site Plan for the Development of a Restaurant with Alcoholic Beverage Permit, Live Entertainment and Sign per Section 8.6.13, for property located at 18 Hartford Avenue, as outlined on maps titled Proposed Diner/Restaurant, “Junes Diner”, 18 Hartford Avenue, Site Grading and Utility Plan and Erosion Control and Details, both plans dated June 14, 2005, File Z-18-05, with the following conditions:
1. The use of the site for a Restaurant is approved in accordance with Section 8.16.
2. A 4 foot wide concrete sidewalk shall be installed, parallel to Merchants Way, extending from the western property line to the proposed driveway.
3. Any proposed exterior lighting must match the Merchants Way lighting pole and lighting fixture.
4. At the direction of the Town Engineer, the applicant may be required to connect the existing Post Office exit on Merchants Way to the proposed new site driveway as generally outlined on figure A. The Town Engineer may make this determination after the proposed driveway is connected to Merchants Way and may seek input from the Chief of Police, Community Development Director and Superintendent of Public Works. The owner of 18 Hartford Avenue shall prepare and provide to the Town of Granby an easement over the proposed driveway between the new post office exit and Merchants Way, as further outlined within figure A. The easement will allow for
the passage of motor vehicles and be prepared in general accordance with the wording of the existing Merchants Way easement.
5. The architectural style of the new portion of the restaurant shall utilize design features of the diner, as presented at the public hearing. The Commission encourages the use of an awning along the north side of the building, facing Merchants Way.
6. The parking is approved as proposed, with the eastern line of the new parking spaces matching the existing line of parking. A waiver of the required 15-foot side yard parking setback is included within this approval.
7. The serving of alcohol beverages is approved under a “Restaurant Permit” in accordance with Section 8.3 of the Zoning Regulations.
8. Live entertainment is approved in accordance with Section 8.16. Live entertainment shall be limited to acoustical or lightly amplified instrumental music and vocals.
9. The original style and historically accurate building sign is permitted with the traditional neon lettering, as proposed and in accordance with Section 8.6.13.
10. The dumpster shall be enclosed by a brick enclosure, similar in design to the dumpster enclosure that is located on the adjacent property at 20 Bank Street.
11. Existing trees shall be preserved between Merchants Way and the proposed restaurant. New vegetation that mirrors the size and type of the perimeter plantings on the adjacent property at 20 Bank Street shall be placed between the subject site and property at 10 Bank Street and used to supplement vegetation that is removed from the area between Merchants Way and the proposed Restaurant at the direction of the Director of Community Development.
12. The final sewer design and construction shall be in accordance with the direction of the Granby Town Engineer.
All approved as the Commission found the application to be in conformance with the regulations and that the criteria of Section 8.2 has been satisfied and that the sign is unique to the historic design of the diner.
The Commission received an application for a 10 lot FRD Subdivision for property located at 238 Granville Road and 27R Pheasant Run. A public hearing on this matter will be held in September.
The meeting adjourned at 9:50 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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