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Planning & Zoning Minutes 09-11-2007
TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
September 11, 2007

Present: Paula Johnson, Chairwoman, Margaret Chapple, Charles Kraiza, Paul Lambert, Linda Spevacek, Daniel P. Brown, and James Sansone.  Francis Armentano, Director of Community Development and Edward Sweeney, Town Engineer

The meeting opened at 7:03 p.m.

The Commission welcomed new member Paul Lambert to his first Commission meeting.

Public session:  There was no public comment.

ON A MOTION by:  J. Sansone, seconded by C. Kraiza, the Board voted (4-0-2) to approve the minutes of the regular meeting of July 24, 2007 as presented.  L. Spevacek and P. Lambert abstained.

Public hearing for an application for a special permit and modification to an existing site plan for property located at 7 Mill Pond Drive that proposes a drive through window for the existing Dunkin Donuts, File Z-9-07 opened at 7:05 p.m.  Attorney Bob Myers appeared on behalf of the applicant.  Todd Parsons, Engineer also appeared.  Mr. Parsons displayed a map of the site and pointed out the areas where the drive thru window would be, on the east side of the building.  He outlined where the drive thru lane would be and where the entrance and exit would be located.  Six parking spaces will be lost, leaving 66 spaces.  The dumpster enclosure will be rebuilt.  He agreed that two stop signs would be installed as requested by staff.  An erosion control plans has been designed.  The commission asked questions about traffic flow, the stacking of vehicles, the number of vehicles that will use the facility, the waiting time for an order, lighting, noise, etc.  The Police Chief’s report was briefly discussed.  The applicant responded to the commission’s concerns. John Griffey, the Franchiser spoke saying that the food is always ready and that excessive waits will not be an issue.  Alan Smardin of HMB Acoustics discussed a Noise Study that he prepared for the proposed use.  He gave a general overall of noise study and reiterated his conclusion that the speaker noise levels are well below the existing background levels.  The applicant submitted a traffic study that estimates that the a.m. peak hour will serve 69 vehicles and that the drive is designed to handle 120 vehicles.  The report further states that studies show that 55% of total customers at a Dunkin Donuts with a drive thru will use the drive thru.
Public comment:  Gerry Ledger, 89 Bushy Hill Road spoke against the drive thru window.  He has concerns about the carbon footprint, effects of tail pipe emissions, health issues, environmental issues, and pollution.
Tim Bourdon, 56 Spring Glen Drive spoke in support of the drive thru window, noting it would be convenient.  Bud Murtha, 17 Kelly Lane, also spoke in favor of the drive thru, noting that it would be out of sight and there doesn’t seem to be an issue with noise.  He
does feel that the exit pattern could be better designed.  Brian Morytko, 9 Silverbrook Lane, spoke in favor of the drive thru noting the convenience factor.  

Attorney Myers address a question about trash from Dunkin Donuts, saying that the employees patrol the parking lot and pick up the trash there, and a drive up trash container will be installed in proximity to the drive thru.  F. Armentano noted that he has received and that the file contains numerous comments by letter and mostly email, most of which support the drive thru.  All such comments have been provided to the Commission members in their packets.  The public hearing closed at 7:51 p.m.

Public hearing for an application for a re-subdivision and special permit for rear lots for property located at 170 West Granby Road, property of DelCampo, File Z-12-07 opened at 7:52 p.m.  D. Brown abstained from all consideration of this agenda item.  George DelCampo and Richard DelCampo appeared to explain their request.  They want to divide the property, but they have no intention of building on it at this time.  This is being done for ownership purposed only.  The property is in the Estate of their mother, at 170 West Granby Road.  The property is to be equally divided between the brothers, which are shown on the map as parcels A and B, with each lot containing 9.31 acres.  In 1979 this property was approved as a non-buildable lot.  The map as prepared doesn’t meet the qualification for a subdivision.  Fran Armentano recommended that the lots be identified as “For Conservation Purposes”, thereby eliminating the requirement for subdivision approval.  The Special Permit is required to create the rear lots.  Fran further suggested that the permit and the map can be adequately noted to demonstrate that parcels A and B are not buildable at this time.  The parties noted they have an October 1st deadline for paperwork to the Assessor.  There was no public comment.  The public hearing closed at 7:59 p.m.

Public hearing for an application to change from R2A to R4A, an area of approximately 2,000 acres, located within the area of Case Street, Edgerton Road, Fielding Woods Road, Hickory Hill Way, and Knollwood Lane as shown on a map titled Proposed re-Zoning to New Zone Rural Conservation R4A, File Z-1-07 opened at 8:00 p.m.  D. Brown abstained from all consideration of this agenda item.  F. Armentano provided background information for this item.  The R4A Rural Conservation Zone Regulations were adopted by the Commission of July 24, 2007.  The subject application proposes to apply these regulations to the above referenced area.  Fran stated that the approved amendments and the proposed zone change are in accordance with a study, titled; The Case Street Area, A Formula for the Preservation and Development of a Unique Section of the Town of Granby.  The study was approved by the Commission as a part of the Town’s Plan of Conservation and Development on 2-27-07.
Public comment:  Dan Dumais, Case Street landowner, stated he feels the cul-de-sac issue needs further consideration.  Presently the cul-de-sac is to be built as a private road.  He feels that the town should be responsible for maintaining such roads.  Overall, he feels the R4A change is a good idea.
Anthony DeFeo, 48 Edgerton Road, spoke out against the change to R4A, reading a printed statement which is made a part of the application.  The public hearing closed at 8:30 p.m.

The site plan modification for Rome’s Sporting Goods, property located at 335 Salmon Brook Street, File Z-11-07, is postponed at the recommendation of the applicant and supported by F. Armentano.

Discussion of Zoning and Subdivision Amendments.  Zoning Amendment Section 8.1.10 (new section c) regarding fences.  The Commission briefly discussed this item.  Te owner of Geissler’s has offered to construct a fence, at the back of their property, as a noise barrier for the houses that abut their property.  It appears that the neighbors are in favor of such a proposal.  Any specific approval would be part of a site plan application.  Neighbors would all be notified.  Fran has sent this matter to CRCOG for review.  

Zoning Amendment Section 4.2.4 regarding Drainage Requirements and Stormwater Management.  The Commission briefly discussed this item.  Ed Sweeney and Fran Armentano explained the proposal.  These regulations are required by the State and Federal Government, all related to the 2000 census stated that a portion of Granby is considered an urban area.  Fran has sent this matter to CRCOG for review.  

Subdivision Regulations add new Section 1.2.4 regarding Drainage Requirements and Stormwater Management.  This matter is related to the above Zoning Amendments and will have the identical effect, but will be placed within the Subdivision Regulations.

Zoning Regulations amend Section 8.6 regarding the height and the size of a sign – F. Armentano recommends changes to the sign regulations based on recent comments that he has received from the Commission and the public.  This will be reviewed again in two weeks.  

Mr. Armentano was asked about lighted signs.  In particular, there is a new sign at the West Granby United Methodist Church, which is lighted.   The commission was wondering if the sign had been approved or if there was a building permit issued for this sign.  F. Armentano will look into this.

Staff Reports and Correspondence:
Fran received correspondence from Mike Wosczyna regarding the house at 120 Silver Street.  Mr. Wosczyna wanted to let the commission know that he has concluded that the house cannot be saved.  Demolition has been scheduled and another home will be constructed on the lot of similar New England Character.

Commission discussion of items of interest or concerns:

The sign that was recently constructed at 261 Salmon Brook Street remains a concern.  It appears out of scale for the area.  Although the sign is in compliance with the height requirements, the area of the sign is in question.  There is no sign on the structure at present.

ON A MOTION by L. Spevacek, seconded by C. Kraiza, the commission voted to approve a special permit for rear lots, for property located at 170 West Granby Road, as outlined on a map prepared for George & Ricjard E. DelCampo, dated 8-7-07 Job No 07-37 with the following conditions:

The map shall be titled a Rear Lot Plan for Conservation Purposes, instead of a Resubdivision.

The map shall identify Parcel A as #190R and parcel B as 174R West Granby Road.

Separate SPECIAL PERMIT forms will be created for each of the lots.  The mylar copy of the map and each of the special permit forms shall include the following conditions:

1.      The parcels are being created at the request of the applicants for estate and ownership purposes only:

2.      No Building, Construction or land alteration of any sort is permitted until such time that the Granby Planning and Zoning Commission approves an alternative Special Permit and a re-subdivision for the property in conformance with all applicable Zoning and Subdivision Regulations.

3.      Any future application must include all required information as outlined with the Subdivision Regulations and the Zoning Regulations.  This information will include at minimum:
·       All fees associated with such applications;
·       All necessary soils information;
·       All necessary drainage information;
·       All necessary grade, contour and elevation information;
·       Required open space as outlined in Section 3 of the Subdivision Regulations;
·       Maps prepared in accordance with A2 standards;
·       The designation of the required front, side and rear yards.

4.      It is further noted and understood by the applicants and current property owners that the Commission may deny any application to establish the lots as buildable lots.

5.      The lots as approved will not and do not supersede any future amendment to the Zoning or Subdivision Regulations which may make it difficult or impossible to establish the lots as buildable lots.

6.      The open space allocation as required under Section 3 of the Subdivision lots has not been complied with and will be required at such time that an application is made to establish the lot or lots as buildable lots.

7.      Nothing within this approval prohibits the legal cutting and/or removal of vegetation.

All approved (6-0-1) with D. Brown abstaining.

Fran reported that he received an application from Mr. Janeski, seeking a permit for earth excavation and removal at 114 Wells Road.  He is reviewing the application to ascertain if it is complete.  The public hearing is tentatively scheduled for October 9, 2007.

Fran reported that significant progress has been made on the Hayes sand and gravel operation, 359 North Granby Road.  They have established final grades for a portion of the site and seeded it.  Fran anticipates a reapplication seeking an additional 2 years to complete the project.

ON A MOTION by J. Sansone, seconded by C. Kraiza, the commission voted to approve the zone change from R2A to R4A for an area of approximately 2,000 acres, located within the area of Case Street, Edgerton Road, Fielding Woods Road, Hickory Hill Way, and Knollwood Lane as shown on a map titled Proposed Re-Zoning to New Zone Rural Conservation R4A File Z-1-07.

All approved, (6-0-1) with D. Brown abstaining, as the Commission found that the zone change was in conformance with the Town’s Plan of Conservation and Development.

The application for a special permit and modification to an existing site plan for property located at 7 Mill Pond Drive that proposes a drive through window for the existing Dunkin Donuts, File Z-9-07 will be considered at the Commission’s meeting of September 25, 2007.  Members intend to again review the property now that they have had the opportunity to listen to the presentation and consider the public testimony.

The meeting adjourned at 9:17 p.m.

Respectfully submitted,



Susan Christian
Acting Recording Secretary



 
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