TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
FEBRUARY 13, 2007
Present: Paula Johnson, Chairwoman, Jonathan Boardman, Daniel P. Brown, Jr., Margaret Chapple, Charles Kraiza, James Sansone and Linda Spevacek. Francis Armentano, Director of Community Development was also present.
The meeting opened at 7:03 p.m.
Public session: John Mangold, 96 Silkey Road, suggested that the Commission review the regulations for special permits for antique stores in residential areas. He indicated that the antique business located at 74R Silkey Road is in violation of the conditions of approval. He suggested that the Planning and Zoning Commission and the Zoning Enforcement Officer need to work more closely together.
ON A MOTION by James Sansone, seconded by Charles Kraiza, the Commission voted to approve the minutes of January 23, 2007. All approved. Paula Johnson abstained.
The public hearing on an application to amend the Granby 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, resumed at 7:06 p.m. Put Brown abstained from the hearing and removed himself from the Commission table. Fran Armentano went over the process that led to the preparation of the Case Street report. He reviewed the original materials that were presented to the Commission by the Case Street Study Committee. The Study Committee was appointed by the Commission following the adoption of an area moratorium. The Committee included a number of professionals and area residents. The list of the members is included within the report. The Committee
considered the areas soils, slopes, elevation, fire safety, public services, lighting, traffic issues, transportation, lot sizes and more in the preparation of the report. The committee sent out a questionnaire to the area residents and worked to incorporate the comments of the residents within the final report. Fran reviewed the materials that have been received for the file. The list of materials that are a part of the file is attached and made a part of these minutes.
Attorney Vincent Sabatini, representing Anthony DeFeo, opposed the amendment to the Plan of Conservation and Development. He indicated this is the first step to a zone change. Mr. DeFeo stated he opposes this change as well. Attorney Sabatini submitted copies of an article and an editorial from the Hartford Courant, regarding the preservation of land that he felt pertained to this matter. The materials will become a part of the file. Some Case Street residents spoke against 4-acre lots as they thought this was unreasonable for the area and that the larger lots encouraged larger homes. Some residents feel that there are too many regulations in town now. Other area residents encouraged the Commission to adopt the amendment in an effort to recognize the beauty of this area, poor soil
conditions and for the protection of the wildlife and the privacy of the area. They also felt the larger lots would make the land more valuable and would control growth and preservation. Members of the Study Committee noted that surveys were mailed to area residents with an excellent response. The recommendation of the Committee was based on these surveys. They stated that this area is unique, isolated, with high elevation, poor access for emergency services, and poor soil conditions for septic systems. Jim Oates, retired Selectmen and a member of the Lost Acres Fire Department, supported the concept that all new home be constructed with sprinkler systems and that all new roads be circular roads. Anthony DeFeo, question how this area differs from other hilly areas in North and West Granby. He stated that there are problem intersections and areas of that are not much different than this. Mr. DeFeo gave a lengthy statement concerning areas of
the study report and disputed the findings of the survey and the Study Committee’s comments. Mr. DeFeo and Attorney Sabatini both commented that this amendment is not need as the Farmington Valley Health District determines the number of lots. Fran Armentano stated the amendment is a planning document not a zoning document. He commented on the survey results and on a letter from Tom Grimaldi, a member of the Study Committee. The public hearing adjourned at 8:06 p.m.
The Commission continued the discussion concerning the cutting of trees at the Powder Mill Lane subdivision. Fran gave an update on this matter. He has met with Mr. Patrick and recommended various plantings be installed to the rear of #15 Powder Mill Lane. Charlie Kraiza suggested planting white pines rather than arborvitaes due to the deep population.
ON A MOTION by Put Brown, seconded by Margaret Chapple, the Commission voted to approve the following action:
The Commission finds 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 votes to approve the following action:
1. The property owner shall plant a minimum of 30 trees (to be a mix of arborvitae and white pines) at least 5 feet in height and at least 15 mountain laurel plants, minimum 2 gallon size within the rear boundary of #15 Powder Mill Lane in an effort to buffer the properties located at 4 and 6 Nestor Way.
2. The above plants shall be installed only after consultation with the Director of Community Development.
3. All trees and plants shall be commercially grown nursery stock only.
4. The Director of Community Development shall invite comments on the specific location of the above referenced plantings from the neighboring property owners at 4 and 6 Nestor Way.
5. The plantings shall be installed no later than June 1, 2007.
6. The Town shall not release any portion of the existing bond that is on file for the Powder Mill Subdivision until such time that the plants are installed as outlined above.
All approved.
The Commission continued the discussion concerning the cutting of trees within the 40-foot buffer established for the State Line Oil/State Line Propane site plan and subdivision. Fran stated he discussed the matter with the property owners and with Gary Melnysyn, 5 West Lakeview Drive.
ON A MOTION by Linda Spevacek, seconded by Jonathan Boardman, the Commission voted to approve the following action:
The Commission approves the Remedial Planting Plan, prepared by Alford and Associates dated 1-18-07, with the following modifications:
1. The trees shall be commercial nursery stock only.
2. The proposed 15 Emerald Green Arborvitae shall be changed to Eastern White Pine and or Ponderosa Pine. The trees must have a height of at least 6 feet, after planting.
3. The property grading plan shall be modified as outlined within attachment A and materials outlined within condition 1 above shall be located in and around elevation 498 as show on the grading plan.
4. An additional 5 Eastern White Pine and or Ponderosa Pine trees shall be planted within the 40 foot buffer area located to the north of the State Line Propane property. This buffer area is shown on lot #3 on a One-Lot Subdivision plan for property located at 514 Salmon Brook Street, State Line Oil/Propane Property, File P-2-06.
5. A minimum of 6 pin oaks, at least 6 feet in height shall be planted within the buffer area as directed by the Director of Community Development.
6. A minimum of 10 mountain laurel plants, minimum 2 gallon size, shall be planted within the buffer as directed by the Director of Community Development.
7. The Director of Community Development shall invite comments on the specific location of the above referenced plantings from the neighboring property owner at 5 West Lakeview Drive.
8. The plantings shall be installed no later than June 1, 2007.
9. To assure that the plants are installed as outlined above, the owner shall provide the town with a cash bond of $5,000.
10. A mylar copy of the Remedial Planting Plan, with the additional notes and grading modifications as outlined herein shall be filed in the Office of the Town Clerk.
11. The bond shall be submitted and the mylar filed no later than March 28, 2007. The failure to submit the bond and file the mylar by 3-28-07 shall result in the voiding of the Commission’s October 10, 2006 approval of a site plan modification, File Z-12-06 and the voiding of the Commission’s October 24, 2006 approval for a one-lot Subdivision for property located at 514 Salmon Brook Street, State Line Oil/Propane Property, File P-2-06.
All approved.
The Commission received an application for an accessory apartment under section 8.5 of the Zoning Regulations for property located at 379 North Granby Road, Tom Fredo.
Staff reports and Correspondence: Fran reported that several letters have been sent out to property owners of concern for unsightly properties.
Chairwoman Johnson suggested the need for more reports from Henry Miga, Zoning Enforcement Officer, regarding items of concern.
Chairwoman Johnson suggested reviewing the website for Fiddle Head Farm, 74R Silkey Road, per Mr. Mangold’s concerns. Fran will review the matter and discuss with Henry.
Fran reported on the proposed cell tower at Upper Meadow and stated that he has received no negative comments or concern related to the tower located at 54 Higley Road, Pease property.
The meeting adjourned at 8:34 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
The File (Z-17-06) contains the following:
Letter dated 2-12-07 Thomas Grimaldi
Letter dated 2-10-07 Stanley Kardys
Letter dated 2-6-07 Attorney Donald Holtman
Memorandum in Opposition to the Amendment, dated January 17, 2007 - Attorney Vincent Sabatini
Handout from Anthony Defeo
Copy of the public Notice
Copy of the proposed amendment
CRCOG notice of proposed amendment to the Bloomfield Plan of Conservation and Development dated 1/4/07
Documentation that the amendment was available on the Web site as of 11/6/06
Documentation that the amendment was sent to the Board of Selectmen on 10-31-06. Minutes of the BOS dated 11-20-06 outlining a motion to endorse the proposed amendment. Motion passed unanimously.
Documentation that the amendment was sent to CRCOG on 10-25-06
Reply from CRCOG in support of adopting the amendment dated 11-17-06
Documentation that the Amendment was filed with the Town Clerk on 11-3-06
Memo to the Commission from Fran Armentano dated 2-1-07.
All materials available within the Case Street Subcommittee file; agendas, minutes, questionnaire materials, correspondence, etc. are also a part of the file.
The proposed amendment to the Plan of Conservation, The Case Street Area, A Formula for the Preservation and Development of a Unique Section of the Town of Granby
An article and an editorial from the Hartford Courant, submitted by Attorney Sabatini.
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