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TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
January 9, 2007
Present: Paula Johnson, Chairwoman, Jonathan Boardman, Daniel P. Brown, Jr., Margaret Chapple, 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 December 12, 2006. All approved.
Public hearing on an application to amend the Town’s Plan of Conservation and Development by adding a study, titled: The Case Street Area, A Formula for the Preservation and Development of a Unique Section of the Town of Granby, File Z-17-06, opened at 7:05 p.m. Chairwoman Johnson announced that any person speaking on this subject would be limited to 5 minutes initially and would be provided and additional 3 minutes for a second comment after others have spoken. The time restriction could be modified as necessary to aid in the Commission’s understanding of the speaker’s points. Fran Armentano gave an overview of events from December 2005 to the present time, the Case Street Area Study Committee results and the process for the adoption of an amendment to the Plan of Conservation
and Development. He reported on the responses that the Town has received from the Capital Region Council of Governments and the Granby Board of Selectmen. Attorney Vincent Sabatini, representing Anthony DeFeo, explained to the Commission he had very recently been retained by Mr. DeFeo and that he has not had adequate time to properly prepare for this hearing. He requested that the Commission continue the hearing to the January 23, 2007 meeting. Attorney Sabitini then continued to speak on the matter, first asking that the Town’s Plan of Conservation and Development be a part of the record. He spoke of a subdivision application which was previously submitted and withdrawn by Mr. Defeo and asked that a report on the subdivision, prepared by Mr. Armentano, dated June 22, 2006 be made an exhibit for the file. (a copy of such report was not submitted for the record) Attorney Sabatini stated that the entire town had been studied in 2005 when Granby’s Plan of Conservation and
Development was adopted and the controls are currently in place. In his opinion, there is no justification to amend the plan. He questioned the time frame of all legal aspects of this procedure. Attorney Sabitini said that he had 6 topics of concern, as follows: the public notice; a lack of reason to change the Plan; there are existing regulations in place to offer protection to the area; existing lots that are under 4 acres could become non-conforming; present area is already protected; the action amounts to the confiscation of property. A member of the public inquired about the number of lots before and after the approval. Joanne Malave, a member of the Study Committee, stated the study was based on numerous reasons, not just septic systems and number of lots. She referenced the questionnaire that was undertaken by the study committee. The Commission discussed the issue of continuing the public hearing per Attorney Sabatini’s request. They expressed disappointment that
Attorney Sabitini was not adequately prepared to discuss the application and asked that he provide legal references and other materials to support his 6 topics of concern. The Commission requested Attorney Sabatini e-mail a written report of the concerns to the office of Community Development by Wednesday, January 17, 2007 to aid in facilitating a discussion of the concerns. The public hearing adjourned at 7:40 p.m. and will continue on January 23, 2007.
Put Brown entered at 7:22 p.m.
The Commission continued the discussion concerning the cutting of trees at the Powder Mill Lane subdivision. Mr. Patrick submitted a map to the Commission members showing 15 Powder Mill Lane, Lot 7. He indicated that the development plans for 15 Powder Mill Land resulted in the need for additional clearing and feels he is within the boundaries of the subdivision approval. He commented that Bret Kaczka now owns 11 Powder Mill Lane. Mr. Patrick stated the rear property line has not been clearly marked out at this time, however there are pins at each end of the rear property line. He further stated that it was his intention to establish a tree lined buffer between the properties, but no plan for such buffer was made available The Commission agreed to leave the discussion open until January 23,
2007 to allow Fran and Ed time to review the site.
The Commission continued the discussion of the cutting of trees within the 40-foot buffer established for the State Line Oil/State Line Propane site plan and subdivision. The Commission was in receipt of a letter that was sent to Mr. Guarco outlining the violations. A plan to address the violation was not submitted, however, according to Alford Associates, they have begun staking out the 40 foot buffer area. The discussion will continue at the next meeting. Local neighbors expressed concern for the replacement of trees and asked how you replace 100-year old trees. They thanked the Commission for their concern in this matter. Richard Sonderegger, 38 Lakeside Drive, President, Manitook Lake Association, stated they look to the Commission to preserve established buffer areas and hoped that the
problem is remedied.
Fran stated no application has been received for a private road off Petersen Road.
Staff reports and Correspondence:
There is nothing to report at this time.
Chairwoman Johnson inquired about the wood-burning furnace in the Tinker Trail area. Fran stated that Henry Miga, Building Official, is not convinced that this stove is an outside wood-burning furnace as defined by the regulations. Henry has asked the DEP to comment on the matter. The Commissioned discussed this issue, the DEP regulations, and design of these stoves.
The meeting adjourned at 8:34 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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