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Planning & Zoning Minutes 12-11-07
TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
DECEMBER 11, 2007


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

The meeting opened at 7:02 p.m.

Public session:  There was no public comment.

ON A MOTION by James Sansone, seconded by Linda Spevacek, the Commission voted to approve the minutes of November 27, 2007 with the following addition:  Page 3, last paragraph, J. Sansone voted no because of the zoning violation on the property.  All approved.

Public hearing on an application for a special permit for a sign under Section 8.6.13 of the Zoning Regulations for property located at 116 Salmon Brook Street, File Z-20-07, opened at 7:04 p.m.  Susan Okie identified herself as the owner of Horses and Hounds and stated that she has been operating this business for 18 months at 15 Mill Pond Drive.  The store is located at the end of this dead end road and is not visible from the main road (Salmon Brook Street) or the Stop and Shop Plaza.  This makes it difficult for new customers to find the store.  Ms. Okie discussed other signs and businesses located on Mill Pond Drive.  She discussed a previous application and her attempt to establish a directory sign at 116 Salmon Brook Street.  The proposed sign incorporates both Horses and Hounds and the Granby Car Wash.  The sign will be externally illuminated with fluorescent lights located at the top of the sign.  The total area of the sign face is 24 square feet, 6 feet by 4 feet.  The posts add an additional 6 inches each to the sign, for a total area of 28 square feet.  The existing masonry base will remain.  The total height of the sign, including the base was discussed.  There was no public comment.  The public hearing closed at 7:15 p.m.

The informal discussion with Ed Lally concerning the potential development of property located at 123 Old Messenger Road, Rugland property, rear of Silkey Heights Road was postponed to later in the evening.

The Commission held a lengthy discussion and reviewed all aspects of an application to excavate and remove earth materials for property located at 114 Wells Road and 537 Salmon Brook Street, File Z-16-07.

ON A MOTION by James Sansone, seconded by Paul Lambert, the Commission voted to approve an application seeking to excavate and remove earth materials for property located at 114 Wells Road and 537 Salmon Brook Street, as described in the Facts and Project Operational Specifications, Exhibit 1, and as further described by the following maps, identified as:

Restoration Grade Plan Prepared for Steven C. Janeski, No. 114 Wells Road, No. 533 Salmon Brook Street, dated September 11, 2007 and labeled; Map Exhibit 1.
The Planting Plan, outlined on map Restoration Grade Plan Prepared for Steven C. Janeski, No. 114 Wells Road, No. 533 Salmon Brook Street, dated September 11, 2007 and labeled; Map Exhibit 2 – Landscaping Planting Plan.  (Note that this map also depicts the Wetlands area and 100’ upland review area)
The Final Grading Plan, as outlined in the Final Grading Plan Prepared for Steven C. Janeski, No. 114 Wells Road, No. 533 Salmon Brook Street, dated September 11, 2007 and labeled; Map Exhibit 3 Final Grading Plan.
The Haul pattern, as outlined in the Proposed Contour Layout and Access Road Layout maps, Prepared for Steven C. Janeski, No. 114 Wells Road, No. 533 Salmon Brook Street, dated July 30, 2007 sheet 1 of 3 and sheet 2 of 3 and labeled; Map Exhibit 4 Haul Pattern.
The Erosion and Sedimentation Control Plan, as shown on the Topographic Survey Prepared for Steven C. Janeski, No. 114 Wells Road, No. 533 Salmon Brook Street, dated July 30, 2007, sheet 2 of 2 and labeled; Map Exhibit 5 Erosion and Sedimentation Control Plan. The map shows the existing silt fence which was previously installed in August 2007 and currently exists on the site.

The application is approved with the following conditions:

1.      The final grading plan shall be modified by:

·       Adjusting the slope along the southern boundary from a 2-1 slope to a 6-1 slope.
·       Keeping all excavation a minimum of 50 feet from the property line of 531R Salmon Brook Street.
·       Eliminating any of the proposed excavation that is located within 90 feet of the rear property lines of lots located on Fern Hollow Drive.  This area currently contains a stock pile of top soil taken from the site (the earth berm).  It is understood that the earth berm will be removed and the top soil spread over the site at the conclusion of the excavation and removal operation.

2.      The Landscaping Planting Plan shall be installed as proposed on the above referenced map no later than June 15, 2008.  The Director of Community Development shall contact the owners of property that abut the area where the plantings are proposed to discuss the proposed plantings.  The Director may modify the location, the amount and/or type of plantings at the request of the abutting property owners and subject to the agreement of the applicant.  The applicant may not disagree with a proposed planting modification, as recommended by the Director, if the cost of the proposal is less than or equal to the cost of installing the plantings originally proposed on the above referenced map.

3.      The operation shall be overseen by the Granby Town Engineer.  The Town Engineer shall regularly visit the site to assure that the operation is proceeding in accordance with this approval.  The Town Engineer may require updated surveys and grade stakes on the property.  The Town Engineer shall be entitled to review all truck weight slips and any other information necessary to ascertain the number of yards of material leaving the subject site. The Town Engineer shall address concerns raised by neighboring residential property owners or other concerned citizens.  The applicant shall reimburse the Town of Granby for all payments made to the Town Engineer for the overseeing of this project, and for any costs associated with condition number 11 below. The applicant will reimburse the Town at a rate of $65 per hour for the service of the Town Engineer. The applicant shall deposit with the Town of Granby the sum of $12,000 to be applied to the costs as described herein.  Should the costs exceed this amount the applicant will be billed for the difference.  Any funds not used for the project will be remitted to the applicant at the conclusion of the project.  As used in these conditions the term Town Engineer includes any person or firm so designated by the Town Engineer.

4.      All material leaving the site shall be delivered to property located at 536 Salmon Brook Street as proposed by the applicant.

5.      The operation shall not deviate from the operation plan as specifically outlined in the Facts and Project Operational Specifications, Exhibit 1.

6.      The hours of operation are a critical element of the Facts and Project Operational Specifications, Exhibit 1.  The operating hours of 8:00 am to 4:00 pm are hereby clarified to require that no machinery (trucks, excavators, graders, loaders, etc) will be started before 8:00 am and no machinery will remain running after 4:00 pm.

7.      It is clearly understood and agreed by the Commission and the applicant that no additional sand or other earth material may be removed from the subject property after April 30, 2008.  It is further agreed and understood that there shall be no extension or re-application for the removal of earth materials from the 114 Wells Road property.

8.      Beginning May 1, 2008 the applicant shall immediately begin the final grading of the site. The final grade will be to an elevation at or above the 235 contour.  The final grading shall proceed with all the earth material remaining on the site, whether or not the applicant has removed from the site the desired and approved quantity of earth material.

9.      The applicant shall file with the Town of Granby a $25,000 cash bond to assure that the proposed excavation and removal will be undertaken as approved and to assure that the site will be fully and promptly restored as outlined within the Restoration Grade Plan.

10.     The applicant must obtain any and all necessary State and Federal permits and operate in conformance with any and all State and Federal Standards and Regulations.

11.     The Town Engineer shall visually monitor the site for dust and diesel exhaust emissions and may require the applicant, or directly retain an environmental consulting firm, to perform dust monitoring using split 2 real time area dust monitors or similar devices.  The results of the monitoring, if any, shall be compared to appropriate State and Federal Standards and the operation must be in compliance with said standards.  All costs associated with the monitoring, if any, shall be paid by the applicant.

12.     A Soil Erosion and Sediment Control signature block must be added to the Erosion and Sediment Control Plan and executed in accordance with the regulations.

13.     Any and all reference to a phase 2 excavation and removal application or proposal shall be removed from the mylar copy of the plans.  It is understood that the Commission’s approval of this application does not in any way suggest any future such approvals on other land of the property owner, on adjacent lands or on any other land within the surrounding area.

14.     The applicant shall submit a complete plan document for the Commission’s File.  All plans shall bear the seal of a licensed professional engineer and where applicable shall also bear the seal of a licensed land surveyor. All plans shall be properly dated, including any modification date, where appropriate.  A mylar copy of the complete map document shall be signed by the Commission and filed in the Office of the Granby Town Clerk prior to the removal of any material from the site.  The complete map document shall be modified to comply with the requirements outlined herein, prior to execution by the Commission.

15.     Any violation of these conditions of approval may be grounds for an immediate halt to the operation

All approved.  Chairwoman Johnson outlined the following reasons for the approval:

Completion of the grading and the restoration of the site as proposed and modified herein will improve the condition of the property to the benefit of the environment, the applicant and the adjacent property owners.

Approval of the application is in conformance with the objectives of the Zoning Regulations and the goals of the Plan of Conservation and Development primarily as they relate to the support of farming and agriculture.

The application as modified and approved presents a very short term and limited disturbance to the adjacent property owners, which has been substantially minimized throughout the application process.  The findings of appraiser Patrick Cadarette confirm that the proposal will not affect short-term residential property values in the market area.

The Commission held an informal discussion with Ed Lally concerning the potential development of property located at 123 Old Messenger Road, Rugland property, rear of Silkey Heights Road.  Put Brown noted his friendship with the property owners, as did Paula Johnson.  Mr. Lally indicated that Walter and Amelia Rugland are considering the development of property they own at the end of Silkey Heights Drive.  The property contains approximately 54 acres.  He stated that waivers would be needed for the road length and number of lots.  He presented various subdivision design possibilities.  These designs, along with open space, grades and access were discussed.  The need for waivers and the impact of the waivers was discussed.  Mr. Lally will prepare a chart that outlines the possible waivers and the effect of the waivers under the various scenarios of development.  He will also discuss the matter further with Town Staff.

There were no staff reports and Correspondence.

The Commission received an application for a special permit for a garage in excess of 1,000 square feet for property located at 33 Strong Road, File Z-23-07, to be held January 8, 2008.

The Commission received an application for a special permit for a sign under Section 8.6.13 of the Zoning Regulations for property located at 261 Salmon Brook Street, File Z-24-07, to be held January 8, 2008.

ON A MOTION by Put Brown, seconded by Margaret Chapple the Commission voted to approve an application for a special permit for a sign under Section 8.6.13 of the Zoning Regulations for property located at 116 Salmon Brook Street, File Z-20-07, with the following condition:  

The height of the sign may not exceed 6.5 feet.  All approved, as the Commission found the request to be supported by the testimony and in accordance with Section 8.6.13.

The meeting adjourned at 8:43 p.m.

Respectfully submitted,



Dorcus S. Forsyth
Recording Secretary


 
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