TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
DECEMBER 12, 2006
Present: Paula Johnson, Chairwoman, Jonathan Boardman, 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 Margaret Chapple, the Commission voted to approve the minutes of November 28, 2006. All approved.
Public hearing on an application for the Granby Chinese Restaurant, 10 Hartford Avenue, seeking a special permit to allow the sale of alcoholic beverages under a restaurant permit per Section 8.3 of Zoning Regulations, File Z-18-06, opened at 7:04 p.m. Mr. Wafung Cheng, owner, said that he would like to offer beer and wine to his customers, to be served in the dining room. Alcoholic beverages would be served with meals only. He further stated the hours of operation are 11:00 a.m. to 10:00 p.m. There was no public comment. The file contains an e-mail from the Granby Police Chief, stating that the Police Department’s records show no specific situations which might preclude the issuance of the permit. The public hearing closed at 7:07 p.m.
The Commission held a discussion concerning the cutting of trees at the Powder Mill Lane Subdivision. Fran commented that he has received several complaints of excessive tree clearing on lots 7 and 8. He went over the conditions of approval and the map references relative to the clearing of the lots. Attorney Richard Case, representing Mr. Patrick, reviewed the map and stated that the lot development plans resulted in the need for additional clearing. He also commented on the land clearing on lot 8 Powder Mill, which was sold to Bret Kaczka. The location of the rear property line for lots 7 and 8 was discussed. There appears to be some confusion on the location of this rear property line. Mr. Patrick stated that he is having the property surveyed. The abutting property
owners on Nestor Way expressed concerns for the impact that the development was having on their privacy. They discussed the degradation of the former woodlands and offered thoughts on the property line. They indicated that they purchased their homes years ago because of the privacy afforded by the adjacent woodlands. They felt that the Planning and Zoning conditions of approval for the subdivision had been violated and they look to the Town for protection against this type of activity. The Commission members commented on the matter and voiced their concerns. They agreed that the cutting of vegetation appeared excessive and in violation of the approved plans.
The Commission held a discussion of the cutting of trees within the 40-foot buffer established for the State Line Oil/State Line Propane site plan and subdivision. Fran informed the Commission he had received a complaint from an abutting neighbor that trees had been cleared in the buffer area between his property and the property of State Line Oil/State Line Propane. Fran visited the site and reported that trees have been cut within the buffer area and that the area was in very poor condition due to the cutting and dropping of trees within the area. The Commission indicated their concern and disappointment that the applicant did not maintain the buffer area as proposed and agreed upon. They appeared dismayed that such activity occurred, given the amount of time that was spent discussing this buffer
area during the deliberations of numerous development applications. Neighboring property owner, Mr. Melnysyn, discussed the decimation of the buffer area and asked that the Commission take action to have the area restored.
The Commission discussed the Powder Mill Lane Subdivision, tree clearing and lot disturbance.
ON A MOTION by Linda Spevacek, seconded by Margaret Chapple, the Commission found that tree and shrub removal at the Powder Mill Subdivision was done in violation of condition #5, of the subdivision approval, which states that “Tree clearing on individual lots shall be kept to the minimum possible and trees shall only be removed as necessary for the construction of the driveway, house and septic system” and in violation of the “Limit of Disturbance” as identified for each lot. In an effort to resolve this situation, the Commission requires the following action:
1. The Building Official/Zoning Enforcement Officer is asked to deny any application for building permit for #15 Powder Mill Lane, (Lot #7), until the matter of excessive tree and shrub removal is resolved.
2. The developer/builder is advised that all future cutting and removal of vegetation on the lots shall be in accordance with the approved subdivision plan, unless specifically modified by the Commission or its designated staff. No future tree and shrub cutting may begin on any lot until the surveyor marks out the “Approximate Limit of Disturbance for each lot” as shown on the approved subdivision plan.
3. The developer/builder is advised that any continued violation of condition #5, of the subdivision approval, which states that “Tree clearing on individual lots shall be kept to the minimum possible and trees shall only be removed as necessary for the construction of the driveway, house and septic system” and violations of the “Limit of Disturbance” as identified for each lot, will result in further action by the Commission, including the denial of building permits, certificates of occupancy and voiding of the subdivision.
4. The applicant shall prepare a map outlining the extent of the vegetation cutting and outlining a proposed planting of a vegetative buffer along the rear property line of lots 7 and 8. The vegetative buffer shall include the number, size, location and types of plants to be installed. The applicant’s surveyor shall stake out the rear property line of lots 7 and 8, specifically within the area of the homes located on 4 and 6 Nestor Way.
The Commission will consider the Item #4 proposal at its meeting of January 9, 2007 and if acceptable may remove the item #1 action.
All approved.
The Commission discussed tree cutting and disturbance within the 40 foot buffer area established for the State Line Oil/State Line Propane applications.
ON A MOTION by Linda Spevacek, seconded by Jonathan Boardman, the Commission found that there has been tree and shrub cutting and removal and an overall disturbance within the 40 foot buffer area established for the State Line Oil/State Line Propane site plan and subdivision. The buffer area was clearly established and discussed with 4 separate Planning and Zoning Commission applications. In an effort to resolve this violation of the approved plans, the Commission recommends that the property owner/developer undertake the following:
1. Clean up the 40 foot buffer area by removing all cut and damaged vegetation.
2. Clearly flag the entire 40 foot buffer area as outlined on the above referenced plans.
3. Prepare a new map which proposes the replacement of vegetation, outlining the number, size and placement of trees and shrubs to be installed in the buffer.
The Commission will not execute the mylars of approval for applications Z-12-06 and P-2-06. The Commission may take action to make these approvals Null and Void. The Commission may also consider further action which will impact the approvals of application Z-21-04 and P-1-05. All of these applications included the requirement that the buffer area be preserved.
The Commission will further review this matter at their meeting of January 9, 2007. At this meeting the Commission may require a bond to guarantee the re-establishment of the disturbed buffer area prior to any new building permits or certificates of occupancy for any development approved in the applications outlined above.
All approved.
Fran reviewed with the Commission his letter to Mr. MacNaughton concerning Petersen Road, application for a private road to a proposed subdivision in East Granby. He reviewed the letter and indicated that more information is needed from the applicant. No application has been submitted at this time.
ON A MOTION by James Sansone, seconded by Charles Kraiza, the Commission voted to approve an application for the Granby Chinese Restaurant, 10 Hartford Avenue, seeking a special permit to allow the sale of alcoholic beverages under a restaurant permit per Section 8.3 of the Zoning Regulations, File Z-18-06, with the following conditions:
The permit is limited to beer and wine only.
Alcoholic beverages may only be served with meals.
All approved.
Staff Reports and Correspondence is postponed until the next meeting, January 9, 2007.
The December 26, 2006 Planning and Zoning Commission meeting is canceled.
The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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