TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
DECEMBER 22, 2009
Present: Margaret Chapple, Acting Chairwoman, Charles Kraiza, Paul Lambert, Eric Lukingbeal, James Sansone and Linda Spevacek. Staff members Francis Armentano, Director of Community Development and Kevin Clark, Town Engineer were also in attendance.
The meeting opened at 7:01 p.m.
Public session: There was no public comment.
Minutes:
ON A MOTION by Eric Lukingbeal, seconded by Paul Lambert, the Commission voted to approve the minutes of December 8, 2009. All approved. Margaret Chapple abstained.
Public Hearing:
The continuation of the public hearing on an application for a 9 lot FRD Special Permit and Subdivision for property located at 95 Day Street, File Z-11-09 resumed at 7:03 p.m. The primary reason that the public hearing was continued was to receive comments and final action from the Inland Wetlands and Watercourses Commission. The Inland Wetlands Watercourse Commission has submitted a letter of approval. Tom Grimaldi, Engineer representing Karen Chase and Charles Dickson, stated that he met with Fran Armentano and Kevin Clark to address the remaining issues. He went over a variety of minor revisions that were made to setbacks building lines; side and rear yards and discussed changes in the notations that were made on the maps. The landscaping plan was discussed. The Commission suggested
modifications to the line of arborvitaes that were shown along the proposed road and along the border of the retention pond. The public hearing closed at 7:14 p.m. Margaret Chapple stated that she viewed the televised copy of the previous public hearing and familiarized herself with the proposal.
Old Business:
There is no old business.
New Business:
Jeff Bolton, GIS Analysis, FRWA gave an overview of the State Greenway Designation Program. He was seeking the Commission’s support for the establishment of a Greenway for the Salmon Brook and its Eastern and Western Branches. Fran Armentano further explained the designation and the impact of such a designation. Commission members asked questions and appeared to support the designation, though a concern regarding the use of tax dollars to support the designation was also voiced. Fran suggested a draft letter of support which could be submitted to the Board of Selectmen.
The Commission received an application seeking a special permit for Earth Excavation for properties located at 133 North Granby Road. This is a new application for 133 North Granby Road and a revision of a previously approved application for property at 125 North Granby Road, File Z-13-09.
Staff Reports and Correspondence:
Fran reported he has been working with Frank Grillo, the new owner of 541 Salmon Brook Street concerning the site plan.
Jim Sansone inquired about the situation of the property at 257 North Granby Road. Fran indicated he had spoken to William Volovski, Zoning Enforcement Officer, concerning the situation.
The Commission briefly discussed the application for a 9 lot FRD Special Permit and Subdivision for property located at 95 Day Street, File Z-11-09
ON A MOTION by Eric Lukingbeal, seconded by Paul Lambert, the Commission voted to waive the requirements of Section 4.16.5 to allow the concept of 9-lots on a private street as proposed. All approved.
ON A MOTION by Paul Lambert, seconded by Linda Spevacek, the Commission voted to approve an application for a 9-lot Special Permit and Subdivision for property located at 95 Day Street, File Z-11-09, with the following conditions:
The application is as outlined in the Proposed Shepherds Way Subdivision, Map Sheets A-1, SU-1, SU-2, SD-1, SD-2, SE Plan 1, SE Plan 2, SE Plan 3 SE Plan 4, Plan Profile 1, Plan Profile 2, Plan Profile 3, Details 1, Details 2, and Soil Test Data, all dated 10/28/2009 and Sheets # B-1and B-2, dated 11/09/2009. All of the referenced sheets have a revised date of 12-22-09.
1. The mylars shall not be executed and filed until such time that a cash bond in an amount established by the Commission, which guarantees the completion of all required improvements is submitted to the Town, or upon the establishment of a Security Agreement in accordance with Section 7 of the Subdivision Regulations plus a 10% cash bond.
2. The final mylar shall be modified to comply with the requirements outlined herein, prior to execution by the Commission.
3. The permanent preservation of the open space must be accomplished in accordance with Section 8.20.9.2 through 8.20.9.4 of the Zoning Regulations. The permanent preservation, as outlined therein, must be completed by December 22, 2010, or the subdivision is null and void. No lot may be transferred nor building permit issued prior to the permanent preservation of the open space as outlined above.
4. All lots in this subdivision shall be granted a scenic easement over the open space within the subdivision, requiring that the open space remain open space in accordance with the regulations. A note to this effect shall be placed on the subdivision map and the easement shall be reflected in the individual property deeds.
5. The Street Name for the proposed road shall be Shepherds Way.
6. The final design and construction of the private road must be in compliance with Section 4.16 of the Subdivision Regulations. A written agreement, which provides for the permanent, cooperative maintenance of the private street and storm drainage system shall be submitted to the Director of Community Development, approved and filed in the Land Records of the Granby Town Clerk prior to the sale of any lot located along the private street.
7. 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.
8. The final mylar of the subdivision shall contain a note, which clearly states that, “the private street will not be owned by the Town and all maintenance, repair and services, such as snow removal, sanding and sweeping of the street, will be the responsibility of the abutting landowners.”
9. At the direction of the Superintendent of Public Works, an area for refuse and recyclable container storage and pick-up shall be established on the private road.
10. The final mylar of the subdivision shall contain a note which states that “School bus pickup and postal delivery may not be provided along the private street.” The developer may wish to consider the installation of a mailbox cluster to serve the homes that will be located along the private street.
11. Erosion and sedimentation control measures must be installed as depicted on the subject maps and maintained during the construction period and until such time that the soil is permanently stabilized. The Town Engineer may require additional erosion and sedimentation control measures as necessary.
12. No Certificate of Occupancy shall be issued for any lot until such time that the private road is completed to the placement of the base course of bituminous concrete.
13. All driveways shall be designed and constructed in conformance with Section 4.13 of the Subdivision Regulations.
14. The final subdivision map shall clearly state that all utilities shall be underground.
15. The applicant shall reimburse the Town of Granby for all payments made to the Town Engineer for monitoring the construction for compliance with this approval. The applicant will reimburse the Town at a rate of $110 per hour for the services of the Town Engineer. The applicant shall deposit with the Town of Granby the sum of $3,000 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 this condition, the term Town Engineer includes any person or firm so designated by the Town Engineer or the Director of Community Development.
16. At the direction of the Director of Community Development, the applicant is required to plant trees and/or shrubs as necessary to create a reasonable transition between the proposed private road and property at 83 Day Street.
17. At the direction of the Director of Community Development, the applicant is required to plant trees and/or shrubs, as appropriate and as necessary along the western side of the proposed detention basin to provide a reasonable transition between it and the adjacent Day Street properties.
18. Map sheets SD1 and SD2 shall be revised by removing the proposed arborvitae.
19. The proposed culvert replacement and improvements to the drainage system along Day Street shall be completed at the same time or earlier than the construction of the storm water drainage system for Shepherds Way. The Granby DPW shall be notified, and a Permit to Excavate within the Right of Way issued, prior to the start of this construction.
Reasons for an approval:
Compliance with various Sections of the Plan of Conservation and Development.
Compliance with the Zoning and Subdivision Regulations.
The linkage of the proposed open space with existing open space and the establishment of preserved agricultural land.
All approved.
The Commission commended Ms. Chase & Mr. Dickson for their generosity in preserving an abundance of open space well beyond the requirements of FRD.
The Commission discussed the establishment of a Greenway for the Salmon Brook and its Eastern and Western Branches. Eric Lukingbeal gave a brief overview of the Federal Wild and Scenic designations and the relationship to the State Greenway designation. He also discussed the advantages to the Town for accepting these designations. The members further discussed the matter.
ON A MOTION by James Sansone, seconded by Eric Lukingbeal, the Commission voted to communicate to the Board of Selectmen their support for the establishment of a State Greenway for the Salmon Brook and its Eastern and Western Branches. Commission members Margaret Chapple, Charles Kraiza, Eric Lukingbeal, James Sansone, and Linda Spevacek approved. Paul Lambert opposed.
The meeting adjourned at 8:15 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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