TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
MAY 22, 2007
Present: Paula Johnson, Chairwoman, Daniel P. Brown, Jr., Margaret Chapple, Charles Kraiza, James Sansone and Linda Spevacek. Francis Armentano, Director of Community Development and Edward Sweeney, Town Engineer.
The meeting opened at 7:04 p.m.
Public session: A question was asked about the Zoning Regulations concerning side yard and rear yard dimensions and wetland areas and it was asked if it was it a requirement for the Commission members to walk all application properties. A citizen suggested that the Commission should have the right to approve or deny construction and activities within the Town’s parks and other Town properties.
ON A MOTION by James Sansone, seconded by Charles Kraiza, the Commission voted to approve the minutes of May 8, 2007. All approved.
The public hearing on an application to renew a Special Permit for earth excavation for Tilcon, Inc., property located at 536 Salmon Brook Street, File Z-5-07, opened at 7:15 p.m. Kevin Johnson, Engineer, representing Tilcon, Inc., presented the application. He explained that this is an on going operation and that the applicant is required to reappear every 2 years for renewal of the permit. The site has been in operation since the 1950’s. Mr. Johnson reviewed the plans indicating the areas that have been completely restored and areas where excavation is ongoing. The Swanson property, which is outside the area of the permit, was also discussed. Frank Lane, Director of Real Estate for Tilcon, Inc., briefly reviewed the operation process. Members of the public indicated they were
anxious for the completion of the operation to eliminate the dust and noise. They expressed concerns for an area where ground water has now ponded, the elevation levels, and asked about benchmarks. Also, information was sought on the spreading of manure and on the number of feet needed between the excavation and the abutting properties. Another concern was for the safety of an area near the lake due to the erosion along the edge of the water. An abutting neighbor asked about removing material and re-grading his property. The public hearing closed at 7:50 p.m.
The Commission held a discussion concerning the application for a 5-lot subdivision for property located at 120 Silver Street, property of Design Builders, File P-1-07.
ON A MOTION by James Sansone, seconded by Margaret Chapple, the Commission voted to approve the an application for a 5-lot subdivision for property located at 120 Silver Street, property of Design Builders, as outlined in the Subdivision Plan, prepared for Design Builders Group, by Alford Associates, dated April 12, 2007 and revised to 5-3-07, sheets SD1, G1, EC1 and N1, File P-1-07, with the following modifications:
1. The final mylar shall be modified to comply with the requirements outlined herein, prior to execution by the Commission.
2. Tree clearing on individual lots shall be kept to the minimum possible by the builder and trees shall only be removed as necessary for the construction of the driveway, house and septic system.
3. In accordance with Section 3.1.4.1.2 of the Subdivision Regulations a minimum of three (3) trees shall be planted or preserved within the front yard of each lot. Each tree shall have a minimum caliper of three and one-half (3.5) inches.
4. In accordance with Section 3.2.9.5 of the Subdivision Regulations, town road right-of-way, mere stones shall be set as directed by the Town Engineer.
5. In accordance with Section 3.2.9.5 of the Subdivision Regulations all lot corners shall be permanently located by metal pins at least 3/4 inch in diameter and thirty (30) inches in length. The corners of the conservation easement shall be similarly located where it abuts the south and east boundary lines. Where the conservation easement is confined to the wetlands (as required in modification 9 below), metal pins shall be placed along the easement boundary every 200 feet. No building permit shall be issued until a certification is received by a licensed land surveyor stating that all required monuments and pins have been installed as
required.
6. Any existing stone walls located within the area of this subdivision shall be preserved. Stonewalls may be removed and/or relocated only as necessary for the construction of approved activities.
7. All driveways shall be designed and constructed in conformance with Section 4.13 of the Subdivision Regulations.
8. An access, inspection and repair agreement and a $1,000 cash bond will be required for each lot, at the time of building permit, to ensure that the Erosion and Sediment Control Plan is installed, maintained and functions as proposed.
9. The Proposed Conservation Easement (1.833 acres) shall be expanded by including all of the identified wetland areas that are located to the north of the driveway proposed to serve lot 2 shown on sheet G1. The Proposed Conservation Easement as originally shown on the subject maps and the wetlands area as noted above shall be permanently preserved by deeding the easement to the Granby Land Trust as proposed. The easement shall prohibit uses within the easement area in a manner which is consistent with the Grant of Conservation Restriction that was granted to the Land Trust over the abutting property at 90 Silver Street. The prohibited uses can
be found in volume 192 page 89 of the Granby Land Records, page 4, paragraph 3 “Prohibited Uses”. “Reserved Rights”, paragraph 4 may include the rights identified in C, D and H only. The easement shall also include paragraphs 5-14.
10. The applicant shall pay a fee in lieu of open space as outlined within Section 3.1.3, as proposed. Prior to the filing of the final mylars the applicant shall either submit the fee in lieu of open space to the Town or file a document, suitable to the Commission, that requires the payment of the fee in lieu of open space at such time as the lots are sold. The fee in lieu of open space is $33,000 or $6,600 for each of the 5 lots. A note which references the required fee in lieu of open space shall be added to the mylar.
11. The Proposed Conservation Easement and all wetland boundaries shall be identified with circular plastic markers, at least 3” in diameter. The markers shall identify the area as a conservation area and be secured to trees located along the boundary of said areas. The future owner of lots 1-5 shall be prohibited from removing the markers located all along the conservation area.
All approved as the Commission found that as modified the application is:
In compliance with the Zoning Regulations
In compliance with the Subdivision Regulations
Approved by the Farmington Valley Health District.
In its approval of the application, the Commission noted the following:
The Commission recommends that the Town of Granby (Open Space Advisory Committee) use the $33,000 fee in lieu of open space that was obtained from this development for the purchase of land that is located within the Loomis Street, East Street, Sliver Street area.
The Commission advises the applicant to consider planting trees in a cluster towards the base of the driveway that serves lots 4 and 5 in an effort to block vehicle headlights from cascading over the property located on the opposite side of Silver Street.
Staff Reports and Correspondence:
Fran reported that he anticipates the receipt of an application for an office building for property located at 37 Hartford Avenue.
There was no discussion concerning items of interest or concerns.
ON A MOTION by Linda Spevacek, seconded by Charles Kraiza, the Commission voted to approve an application to renew a Special Permit for earth excavation for Tilcon, Inc., property located at 536 Salmon Brook Street, File Z-5-07with the following conditions:
1. The file bond must be updated and renewed for the period of the permit.
2. All other conditions previously attached to the permit as applicable.
The Commission recommends that an analysis of the Swanson parcel be undertaken to determine if adequate material remains on this site to restore the property as outlined on the map profile and in accordance with the decision of John A. Swanson vs. Zoning Commission of the Town of Granby dated June 20, 1958.
The Planning and Zoning Commission canceled the June 12, 2007 meeting.
The meeting adjourned at 8:44 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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