TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
OCTOBER 11, 2005
MINUTES
Present: Paula Johnson, Chairwoman, Daniel P. Brown, Jr., Margaret Chapple, Charles Kraiza, James Sansone, Linda Spevacek and Frederick Wilhelm. Director of Community Development, Francis Armentano and Town Engineer, Edward Sweeny were also present.
The meeting opened at 7:05 p.m.
Public session: There was no public comment.
ON A MOTION by James Sansone, seconded by Fred Wilhelm, the Commission voted to approve the minutes of September 27, 2005. All approved. Charles Kraiza abstained.
Public hearing on an application for a Special Permit for a seasonal commercial recreational use, within an existing building located at 557 Salmon Brook Street opened at 7:08 p.m. Mr. McCartney, 70 Kelly Lane, gave a brief overview of the previous public hearing and the reasons for the withdrawal of the application. Mr. McCartney proposes to use a portion of the existing building space of Grass Helper Lawn Care for 2 baseball-batting cages that will be used by local sports teams and individuals. Mr. McCartney presented a site plan, which showed the location of the building and the specific area where the cages will be established. The batting cages will only be in operation from December 1 through April 15th. He indicated the hours of operation would be Monday through Saturday
9:00 a.m. till 8:00 p.m. and Sunday 10:00 a.m. till 8:00 p.m. The cages will be rented for 15 minutes, 30 minutes or 1-hour intervals. He felt that the site could easily accommodate the anticipated parking needs. Mr. McCartney discussed the buffering to the rear of the building. He stated that he will be replacing a few dead shrubs and that he is willing to add additional shrubs and/or a stockade fence to shield the property directly behind the building from any lights or noise. He will also be installing an irrigation system in this area to insure the health of the plants. Mr. McCartney demonstrated the volume of noise generated by a bat hitting a ball. He used an aluminum bat and rubber ball, hitting the ball to the floor. The noise was minimal. Mr. McCartney intends to use only rubber balls at the facility. Mr. McCartney also discussed the issue of a fan, installed to the rear of the building. A hood,
filtration system and insulation have been added to the fan to reduce dust and noise. If the changes are not sufficient, he agrees to make further changes. During the public session, 2 Granby residents indicated that this facility would be a welcome addition to Granby and would benefit the individual player and teams. Both speakers commented that they have been to other such facilities and that noise would not be an issue. A noise study was submitted and made a part of the file. The public hearing closed at 7:45 p.m.
Public hearing on an application for a Special Permit for the Retail Sale of Antiques within an R30 Zone for property located at 114 West Granby Road, File Z-25-05, opened at 7:46 p.m. Mary Harris, owner, extended an apology to the Commission for operating numerous barn sales in violation of the Zoning Regulations. She was unaware of the existing residential use restrictions. Mrs. Harris gave an extensive review of the repairs, improvements and landscaping that has been done to the property. The improvement work continues. The discussion settled on the condition of the property. Various materials have accumulated around the property creating an unsightly condition and making it difficult for vehicles to access the property. The barn will need a variety of building code
improvements before it can be used for retail sales. James Holcomb, former owner, indicated the Harris’s have done a tremendous amount of work to the home, barn and property and that he was happy to see the action. Upon hearing the concerns, of the Commission, the applicant stated that she was withdrawing the application. A new application may be filed in the future, after the concerns are addressed. The withdrawal was accepted and the public hearing closed at 8:27 p.m.
The Commission held a discussion concerning an application seeking a Special Permit for a Residential Landscape Business for property located at 279 Mountain Road, File Z-22-05.
ON A MOTION by Fred Wilhelm, seconded by Margaret Chapple, the Commission voted to approve an application seeking a Special Permit for a Residential Landscape Business for property located at 279 Mountain Road, as outlined in the Proposed Building Plan for Walter and Tracy Champagn, dated September 2, 2005 and identified as Exhibit A and as outlined in the business description, dated 9-13-05 and identified as Exhibit B, File Z-22-05, with the following conditions:
1. The Residential Landscape Business must operate in conformance with Section 8.28 of the Zoning Regulations.
2. The building shall be constructed and placed on the site in general conformance with the plan and in conformance with the maximum size requirement. The building shall be screened from Mountain Road through the preservation of existing trees and by curving the driveway that leads to the building. A building permit for the Residential Landscape building shall not be issued until the Director of Community Development reviews the specific design of the driveway and placement of the building and determines that they are in general conformance with the approval and the requirements of the regulations.
3. The business equipment shall be as outlined within the business description, Exhibit B and shall be stored on the property within the area of the proposed building. All business equipment shall be adequately screened from the road.
4. A maximum of 6 employee parking spaces are permitted. Such spaces shall be located within the general area of the proposed building.
5. The normal hours of operation shall be 6:30 a.m. to 5:30 p.m.
6. A 25 foot buffer area shall be established along the western property line, to shield the building and business activity from the neighboring property. Existing vegetation shall be preserved within the buffer and additional trees and/or shrubs may be required by the Director of Community Development.
7. The Business description, Exhibit B, shall be filed with the Special Permit Form.
All approved. Charles Kraiza abstained.
The Commission held a lengthy discussion concerning an application seeking a Special Permit for a 10-lot FRD subdivision for property located at 238 Granville Road, with the proposed access from property located at 31 Pheasant Run, File Z-20-05.
Charles Kraiza left the meeting at 9:15 p.m.
ON A MOTION by James Sansone, seconded by Fred Wilhelm, the Commission voted to modify and approve the application seeking a Special Permit for a 10-Lot FRD subdivision, as outlined in the Proposed Subdivision, prepared for TTDG, LLC, 238 Granville Road and 27R Pheasant Run, dated 11/12/04 and revised to 7/22/05, File Z-20-05, as follows and with conditions. The motion includes:
· The WAIVER of the requirements of Section 4.4.1.1, to allow the maximum length of the cul-de-sac to exceed 3,000 feet, as proposed and to allow an additional 8 lots as outlined below.
· The WAIVER of the requirements of Section 4.16.5 to allow 8 lots on a private street as outlined below.
The approval and the required waivers limit the number of lots to 8. Lots shown on the subject map as Lots 1 and 2 are not allowed and shall be added to the property of the Homeowners Association.
1. 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 required improvements is submitted to the Town, or upon the establishment of a Security Agreement in accordance with Section 7 of the Subdivision Regulations plus a 10% cash bond.
2. The final mylar shall be modified to comply with the requirements outlined herein, prior to execution by the Commission.
3. The applicant has not demonstrated the right to access the subdivision over property that is owned by the Town of Granby, k/a 31 Pheasant Run. Placing a private road on Town owned property is unacceptable and the 50 foot right of way is in violation of the requirement for private roads. The applicant must resolve this issue with the Granby Board of Selectmen prior to the Commission’s execution of the final mylars and the required filing of the mylars. The applicant has until April 11, 2006 to resolve this issue. The failure to resolve this by April 11, 2006 shall render this approval null and void.
4. The permanent preservation of the open space must be accomplished in accordance with Section 8.20.9.2 through 8.20.9.4 of the Zoning Regulations. The permanent preservation, as outlined herein, must be completed by October 11, 2006, or the subdivision is null and void. No lot may be transferred nor building permit issued prior to the permanent preservation of the open space as outlined above.
5. All lots in this subdivision shall be granted a scenic easement over, and the right of access to the open space within the subdivision. A note to this effect shall be placed on the subdivision map.
6. The Street Name for the proposed road shall be Pheasant Lane.
7. The final design and construction of the private road must be in compliance with Section 4.16 of the Subdivision Regulations. The written agreement, which provides for the permanent, cooperative, maintenance of the private street shall be approved and filed on the Land Records of the Granby Town Clerk prior to the sale of any lot located along the private street.
8. 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.”
9. 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 Pheasant Run.” Working with the Superintendent of Public Works, the applicant shall strive to establish an area for refuse and recyclable container storage and pick-up on the private road.
10. The final mylar of the subdivision shall contain a note which states that “School bus pickup and postal delivery may not be provided along the private street.” The developer is encouraged to install a mailbox cluster for the homes located along the private street as necessary.
11. Tree clearing on individual lots shall be kept to the minimum possible and trees shall only be removed as reasonably necessary for the construction of the driveway, house, yard and septic system.
12. Erosion and sedimentation control measures must be installed as depicted on the subject maps and maintained during the construction period and until such time that the soil is permanently stabilized. The Town Engineer may require additional erosion and sedimentation control measures as necessary.
13. In accordance with Section 8.26c of the Connecticut General Statutes, all work in conjunction with this subdivision shall be completed by October 11, 2011. Failure to complete all work shall result in an automatic expiration of the approval. This wording shall be placed on the final subdivision map.
14. No Certificate of Occupancy shall be issued for any lot until such time that the private road is completed, to the placement of the base course of bituminous concrete.
15. All driveways shall be designed and constructed in conformance with Section 4.13 of the Subdivision Regulations.
16. 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.
17. 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.
18. No excavated earth materials may be hauled from the site over Pheasant Run.
The vote was 5 to 1, with Paula Johnson, Put Brown, Margaret Chapple, James Sansone and Fred Wilhelm voting to approve the motion and Linda Spevacek voting against the motion. The Commission found that as modified, the application will:
Preserve the neighborhood through the establishment of a permanent cul-de-sac street.
Preserve the Granville Road Streetscape.
Preserve farmland along Granville Road.
Establish an open space corridor along the north branch of the Salmon Brook together with the potential for future linkages.
Limit the risk to the health, safety and welfare of the residents.
Comply with various Sections of the Plan of Conservation and Development.
Comply with the Zoning and Subdivision Regulations.
Balance the waiver requests with the community benefits.
ON A MOTION by Put Brown, seconded by Margaret Chapple, the Commission voted to approve an extension for filing the Mylar for Cider Mill Heights to January 11, 2006. All approved.
The Commission considered a letter from Bill and Susan Regan dated October 3, 2005 seeking to discuss the “Town Exemption to Planning and Zoning Regulations”. The Commission members felt that they clearly understood the presentation that Mr. Reagan made at the Commission’s 9-27-05 meeting and that further discussion was not warranted at this time. The issue is very complex as many uses, such as the Holcomb Farm, were established with the Town’s exemption in place. As the Commission works through the plethora of goals and policies outlined within the Plan of Conservation and Development, the issue is sure to be reviewed. The matter is primarily one for the Board of Selectmen, as this is a Town Ordinance.
Chairwoman Johnson commented that guidelines are being established for the Architectural Committee, Chaired by John Morgan.
The Commission expressed their pleasure with the completed improvements to Lost Acres Road. They praised the efforts of the Public Works Department on a job that properly balanced the need to create a safe roadway while protecting the beauty of the scenic road. The Commission intends to send a letter of appreciation to the Department of Public Works.
The meeting adjourned at 9:35 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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