TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
NOVEMBER 28, 2006
Present: Paula Johnson, Chairwoman, Jonathan Boardman, Daniel P. Brown, Jr., Margaret Chapple, Charles Kraiza, James Sansone, Linda Spevacek. Francis Armentano, Director of Community Development and Edward Sweeney, Town Engineer were also present.
The meeting opened at 7:03 p.m.
Public session: There was no public comment.
ON A MOTION by James Sansone, seconded by Jonathan Boardman, the Commission voted to approve the minutes of November 14, 2006. All approved. Put Brown abstained.
Public hearing on a proposed amendment to the Zoning Regulations (new Section 2.13), which will prohibit the installation of outside wood burning furnaces, as defined by Public Act 05-227, File Z-15-06, opened at 7:05 p.m. Fran Armentano was asked to present the application. He stated that a resident originally brought this matter to the attention of the Commission. The resident voiced concerns over an abutting neighbor’s use of an outdoor wood-burning furnace. Fran researched the matter and discovered DEP regulations which should have prevented the installation of this furnace. Unfortunately the Building Department issued the permit, unaware of the DEP regulations. The DEP has had many complaints throughout the State regarding wood burning furnaces and now puts out fact sheets
regarding these units. These materials were presented to the Commission. The information shows that these types of furnaces are responsible for significant levels of air pollution. The DEP Fact sheet states that “some municipalities may choose to ban or further limit installation of OWFs.” Fran further discussed the specific DEP requirements (PA 05-227) for installation and read the definition of an OWF. Peter Dinella, 18 Tinker Trail, voiced his support for the proposed amendment. He stated that he lives near a neighbor that uses an outdoor wood-burning furnace. Mr. Dinella indicated he did a lot of research and reviewed with the Commission the harmful health hazards of such units. Mr. Carey commended the Commission for addressing this issue so quickly and acting to reduce the harmful effects of OWF. The Commission felt that the town should look into the OWF that was installed near Mr. Dinella’s home and
recommended that the Building Official void the building permit if the OWF did not comply with the DEP regulations. The matter was referred to the Capital Region Council of Governments and they responded that they found no apparent conflict with regional plans and policies or the concerns of neighboring towns. The public hearing closed at 7:21 p.m.
Public hearing on a proposed amendment to the Subdivision Regulations (new Section 3.1.3.2.9) regarding the waiver of open space requirements, File P-5-06, opened at 7:22 p.m. Fran Armentano was asked to present the application. He indicated that the amendment was prepared at the request of the Commission following a unique situation where a fully developed commercial property was seeking subdivision approval. He went on to further discuss the issue.
The Commission discussed the matter and voiced concern about the specific wording as it applied to the reasons when a waiver could be granted. There was no public comment. The public hearing closed at 7:26 p.m.
Margaret Chapple entered at 7:24 p.m.
The Commission discussed the amendment to the Subdivision Regulations, (new Section 3.1.3.2.9) regarding the waiver of open space requirements, File P –5-06. While the members indicated their support for the amendment, they stated that they would typically not be inclined to waive the open space and suspected that the waiver would be used very sparingly.
ON A MOTION by James Sansone, seconded by Margaret Chapple, the Commission voted to approve an amendment to the Subdivision Regulations, (new Section 3.1.3.2.9) regarding the waiver of open space requirements, File P –5-06, with a clarification that a finding of any one of the listed reasons could be sufficient for granting the waiver. All approved as the Commission found that the amendment will provide a reasonable option in unique situations. The amendment is attached and made a part of these minutes.
The Commission held a brief discussion concerning an application for commercial subdivision for property located at 33 and 35 Hartford Avenue, File Z-18-06.
ON A MOTION by Margaret Chapple, seconded by Linda Spevacek, the Commission voted to approve an application for commercial subdivision for property located at 33 and 35 Hartford Avenue, as outlined a map titled Subdivision Plan for Hartford Avenue Associates, Job # 06-36, dated September 6, 2006 and revised to November 17, 2006, with a waiver of the open space requirement, File Z-16-06. The Commission noted that the approval would become effective upon the publishing of the above noted open space amendment. All approved.
The Commission received an application for beer and wine permit for the Granby Chinese Restaurant, 10 Hartford Avenue, File Z-18-06.
Staff Reports and Correspondence:
Fran reported he has received a preliminary application to construct a private road that will lead to a proposed 10-lot Subdivision in East Granby. Approximately 500 feet of the road will be located in Granby, extending to East Granby from Petersen Road. Fran is looking into this matter.
There was no discussion of items of interest or concerns.
ON A MOTION by Put Brown, seconded by James Sansone, the Commission voted to approve an amendment to the Zoning Regulations (new Section 2.13), which will prohibit the installation of outside wood burning furnaces, as defined by Public Act 05-227, File Z-15-06. All approved as the Commission found the amendment will serve the health, safety and welfare of the public. Margaret Chapple abstained. The amendment is attached and made a part of these minutes.
The meeting adjourned at 7:46 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
Amendment Granby Zoning Regulations
Add new section 2.13
Outdoor Wood-burning Furnaces.
Outdoor Wood-burning Furnaces as defined by Public Act 05-227 are prohibited in all zones.
Amendment Granby Subdivision Regulations
Add New Section 3.1.3.2.9
The Commission may waive the above requirements for the preservation of all or part of the Open Space under one of more of the following circumstances:
Where the primary purpose of the subdivision is to facilitate a transfer of ownership of an existing building or buildings that are located on a previously developed property;
Where the subdivision is for conservation or non-residential purposes, or;
Where the preservation of open space is found to be unnecessary due to the unique and unforeseen nature of the application.
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