TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
OCTOBER 14, 2008
Present: Paula Johnson, Chairwoman, Daniel P. Brown, Jr., Margaret Chapple, Charles Kraiza, Paul Lambert, Linda Spevacek and Francis Armentano, Director of Community Development.
The meeting opened at 7:03 p.m.
Public session: There was no public comment.
ON A MOTION by Paul Lambert, seconded by Linda Spevacek, the Commission voted to approve the minutes of September 23, 2008 with the following corrections: Page 1, paragraph 5, line 11, should read: December 1, 2008. There will be no excavation on legal holidays. Sentence 12 should be April 30, 2009. Page 3, paragraph 1, sentence 2, Robert Patrick was in attendance and stated that he concurred with the Attorney Richard Case’s letter dated 9-22-08. All approved. Charles Kraiza abstained.
The Commission held a discussion for the review and consideration of an application seeking approval of a site plan under Section 4 of the Zoning Regulations to construct a parking area for property located at 34 East Granby Road, File Z-13-08. Mr. Schoenrock presented the application. He noted that he is a Certified Public Accountant and Investment Advisor Representative and has practiced in Granby since 1999. He purchased this property recently, with the intension of relocating his office to this site. The property contains a single-family home that he will convert to an office use. No exterior changes to the building are anticipated. Mr. Schoenrock noted the site requires 6 parking spaces and that his plan proposes 8 parking spaces. Due to site restraints, waivers for the location of
the parking spaces are required. A waiver for the 25 foot landscape buffer area is also required. The site plan also identifies a location for a freestanding sign. Mr. Schoenrock proposes a wooden sign that will be a maximum of 9 square feet. He anticipates that the sign will be a simple design in base colors with top lighting in conformance with the Zoning Regulations. Stephen Cotton, Land Surveyor, reviewed the parking area and paving. Commission members suggested full horizon cutoff lighting fixtures in a residential style.
The Commission held a discussion concerning an application and conditions of approval for earth excavation and removal, under Section 9 of the Zoning Regulations, for property located at 100 and 114 Wells Road, 45 Meadow Brook Road and 537 Salmon Brook Street, File Z-11-08. The members discussed comments made at the public hearing on this matter and expressed their displeasure with certain inappropriate comments. All members of the Commission stated that they had no conflict of interest with this application.
ON A MOTION by Paul Lambert, seconded by Margaret Chapple, the Commission voted to approve an application for earth excavation and removal, under Section 9 of the Zoning Regulations, for property located at 100 and 114 Wells Road, 45 Meadow Brook Road and 537 Salmon Brook Street, File Z-11-08, as follows:
The application is as described in the Millbrook Farm operation description, prepared by Pierce Builders, Inc and identified as Exhibit 1.
The application is further described by the following maps, identified as:
The Proposed Contour Layout, as outlined on a map prepared for Steven C. Janeski, No. 114 Wells Road, No. 533 Salmon Brook Street and No. 537 Salmon Brook Street, dated June 2, 2008. Map 1 of 3.
The Final Grading Plan, as outlined on a map prepared for Steven C. Janeski, No. 114 Wells Road, No. 533 Salmon Brook Street and No. 537 Salmon Brook Street, dated June 2, 2008. Map 2 of 3. This plan includes the site restoration notes.
Proposed Hauling Pattern, as outlined on a map prepared for Steven C. Janeski, No. 114 Wells Road, No. 533 Salmon Brook Street and No. 537 Salmon Brook Street, dated June 2, 2008. Map 3 of 3. This plan includes the Erosion and Sedimentation Control Plan.
Conditions of approval:
1. The operation shall not deviate from the operation plan as specifically outlined in the Millbrook Farm operation description, prepared by Pierce Builders, Inc and identified as Exhibit 1, except as noted herein. The conditions outlined below and the limitations outlined within the Millbrook Farm Operation Description are in addition to the requirements set forth within Section 9 of the Zoning Regulations and provide additional restrictions beyond those specified within Section 9. In regards to the restriction outlined in Section 9.3.1, which states that “no operations are permitted on legal holidays”, a legal holiday shall include all
State of Connecticut and Federal Government legal holidays.
2. 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 overseeing this project and for any costs associated with condition number 3 below. The applicant will reimburse the Town at a rate of $75 per hour for the service of the Town Engineer. The applicant shall deposit with the Town of Granby the sum of $6,000 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 or the Director of Community Development.
3. The Town Engineer shall visually monitor the site for dust and diesel exhaust emissions and, should conditions dictate, the Town Engineer 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 take all necessary actions to be in compliance with said standards. All costs associated with the monitoring, if any, shall be paid by the applicant.
4. As outlined within the Millbrook Farm operation description, prepared by Pierce Builders, Inc and identified as Exhibit 1, the operation may begin on or after December 1, 2008. There shall be no activity on the site, related to this application, between December 21, 2008 and January 5, 2009.
5. All material leaving the site shall be delivered to property located at 536 Salmon Brook Street as proposed by the applicant.
6. The hours of operation are a critical element of the Millbrook Farm operation description, prepared by Pierce Builders, Inc and identified as Exhibit 1. Therefore:
a) 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 within the primary site. The primary site area for the purposes of this condition is the area west of the existing gate that is located between 100 Wells Road and 537 Salmon Brook Street.
b) The operating hours of 7:45 am to 4:15 pm are hereby established for the area east of the existing gate, noted above in item a. No machinery (trucks, excavators, graders, loaders, etc) will be started before 7:45 am and no machinery will remain running after 4:15 pm within this area.
7. It is further agreed and understood that there shall be no extension or re-application for the removal of earth materials from the subject properties.
8. 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, 2009. Beginning not later than May 1, 2009 the applicant shall begin the final grading and restoration phase of the project. 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. The restoration phase of the project shall be completed by July 1, 2009.
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 plans.
10. The applicant must obtain any and all necessary State and Federal permits and operates in conformance with any and all State and Federal Standards and Regulations.
11. The above referenced maps shall be modified to include 45 Meadow Brook Road in the title block.
12. Mylar copies of the complete map documents 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.
13. Any violation of these conditions of approval may be grounds for an immediate halt to the operation.
All approved. Charles Kraiza abstained. The Commission outlined the following reasons for the approval:
The application is in conformance with Section 9 of the Zoning Regulations.
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.
Completion of the grading and the restoration of the site as proposed and modified herein will improve the condition of the property and blend the grade with the adjoining properties.
The Commission held a discussion concerning an application for a site plan approval under Section 4 of the Zoning Regulations for property located at 21 and 23 Hartford Avenue, File Z-12-08.
ON A MOTION by Put Brown, seconded by Linda Spevacek, the Commission voted to approve an application for a site plan under Section 4 of the Zoning Regulations for property located at 21 and 23 Hartford Avenue, File Z-12-08, as follows:
The application is as outlined on maps identified as Windsor Federal Savings, 21 – 23 Hartford Avenue, Granby, CT, dated 9-5-08, maps: PS-1, MA-1, LA-1, LS-1, GR-1, UT-1, SD –1 through SD-4, NT-1, and P-1a, with the following clarification and modification:
· The site shall be developed as outlined on the subject maps.
· The applicant is responsible for coordinating the interior traffic connection to the Cumberland Farms property, as outlined on the subject maps.
· The exterior light poles and fixtures shall mirror those that currently exist along Bank Street.
· The site drainage shall be modified in accordance with the recommendations of the Town Engineer as discussed at the 9-23-08 meeting.
· A signaled and painted pedestrian crosswalk shall be installed to aid pedestrians crossing from the north side of Hartford Avenue to the subject site.
· It is understood that the site vehicular access will be controlled by a traffic light, upon approval of the State Department of Transportation.
· The sign location is approved. The specific signage shall conform to the requirements of Section 8.6 of the Zoning Regulations unless the Commission approves a Special Permit as further outlined within Section 8.6.
All approved. Charles Kraiza abstained.
The Commission continued a discussion of possible action in accordance with Section 8.26c of the Connecticut State Statutes, regarding Powder Mill Road. Fran reported he has received a letter from Donald Holtman, Town Attorney, stating a notice of expiration is to be filed in the Land Records and the Town must call the bond, complete the improvements and take the road.
The following Motion was made by Put Brown, seconded by Linda Spevacek and approved by the Commission:
RESOLVED THAT the Commission, (a) having done its best to work cooperatively with the Developer for the protection of property owners in the area, (b) having been frustrated by the Developer's continued refusal or inability to complete the road and related improvements in accordance with the requirements of the Commission's subdivision approval dated 1-14-03, (c) intending by its action to authorize the Town to call the Developer's bond, permitting it to improve the road and related improvements to Town specifications, and (d) acting in accordance with the specific written opinion of the Town Attorney, declares that its subdivision approval with respect to all lots in the subdivision known as Powder Mill still owned by Powder Mill Lane LLC, by Robert Patrick or by an affiliate of either of them is and shall be null
and void; provided, however, that this action shall not affect any lot in such subdivision that is no longer owned by Powder Mill Lane LLC, by Robert Patrick or by any affiliate of either of them.
All approved. Paul Lambert abstained.
The Commission received an application for a Special Permit seeking to increase the height of an existing structure that supports wireless telecommunication equipment for property located at 151 East Street, File Z-14-08.
The Commission received an application for the Retail Sale of Antiques, Section 8.9 of the Zoning Regulations, for property located at 114 West Granby Road, File Z-15-08.
Fran suggested that the Commission members drive by the Pinney property on Lost Acres Road and view the area that has been cleared for a future vineyard. He noted that there will be a new Asian restaurant on Mill Pond Drive in the location of the former Domino’s Pizza and that the Granby Village Health store has relocated to a larger area at 10 Hartford Avenue. Fran also noted that he has been in contact with developers who are considering the development of new residential subdivisions.
The Commission briefly discussed the Floydville Road bridge project (East Granby), the Silver Street Bridge and the Doherty Road Bridge.
Chairwoman Johnson noted she has received letters from the State of Connecticut concerning the requirement that Plans of Conservation and Development be updated every ten years. She also received a memo from William Smith regarding the posting of minutes and agendas and a notice of Connecticut Land Use events.
ON A MOTION by Linda Spevacek, seconded by Paul Lambert, the Commission voted to approve an application as shown on a plan titled Site Plan, Property Owned by Schoenrock Realty LLC, prepared by Henry C. Cotton and Associates, drawing # 2008-71 dated 10-7-08, for property located at 34 East Granby Road, File Z-13-08, with waivers for the location of the parking spaces and a waiver for the 25 foot landscape buffer area and with the following condition:
Outside lighting fixtures, if any, shall be full horizon cut off and approved by the Director of Community Development.
All approved.
Peg Chapple suggested the Commission consider amending the wording of Section 4.2.5 for clarification. Fran offered to prepare a revision for the Commission’s consideration
The meeting adjourned at 8:27 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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