P & Z minutes May 8, 2018

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Public Hearings

The continuation of the public hearing of a Special Permit for a rear lot subdivision with proposed excavation in excess of 5,000 cubic years of earth material for property located at 292 Granville Road.

Tim Coon, PE with J.R. Russo and Associates, presented the application and provided a summary of the application to date. He explained the property is 8.8 acres and is located in the R2A zone. The proposal is to subdivide the property to create a six-acre rear lot and leave a 2.8-acre front lot. He noted the original plan involves 29,000 cubic yards of fill removal. At the April 24, 2018 meeting Coon introduced Alternate 2, which reduced the excavated material to 13,500 cubic yards and 3.9 acres would be cleared. In response to the commission’s request,. Coon developed Alternate 3, which reduces the excavated material to 7,500 cubic yards and the clearing to 3.5 acres. He noted this increases the slopes and changes the direction of runoff. Mr. Coon expressed some concerns with the steeper slopes and concentration of runoff along the edges of the driveway, which could have more potential for erosion when compared to the other alternatives. Coon asked the commission to approve a Special Permit for Alternate 2 because of these concerns.

Glenn Ballard, 289 Granville Road, spoke against the application. Ballard stated if the Special Permit is approved it will have a negative impact on his business [a B&B across Rt. 189]. He went on to state it would be difficult to monitor the site and any conditions placed on the approval. He asked his previously submitted conditions be considered. Abby Kenyon read the requested conditions outlined in Ballard’s letter into the record. Kenyon noted Town Engineer Kevin Clark reviewed the submitted plans. He noted the concerns expressed by the applicant’s engineer regarding the steeper grades and sheetflow with Alternate 3 but indicated proper measures could be utilized onsite to prevent erosion.

Several neighbors including Edward Menino, Doug Marshall and Linda Marshall, spoke out against the application, citing tree clearing, truck traffic, erosion concerns, and setting a precedent for future applications.

Coon responded stating the site is located on a state highway where the trees have been cleared. He said his client is proposing two building lots, which is a residential use and is consistent with the residential neighborhood. He noted that several concessions have been made including reducing the amount of material to be removed, which complies with the regulations. He requested the commission not dictate when site work can be done and noted this is not destructive to the environment as it will be re-vegetated.

The commission discussed Ballard’s requested conditions and how those conditions could be drafted to suit both parties. The commission asked if the parties could discuss the matter and come to a mutual agreement. Coon said it did not appear this would be possible as his client has already made concessions.

The commission discussed possible conditions. The public hearing for this application was closed and the commission has 65 days to render a decision.

The public hearing of an application for Special Permit for a garage/barn in excess of 1,000 square feet for property located at 2 Clemons Spring Road was next on the agenda.

Michelle Niedermeyer, 2 Clemons Spring Road, presented the application. Niedermeyer stated they would like to build a barn for their horses that would be 48 feet by 36 feet with four stalls and a hayloft. Niedermeyer said they would not be clearing their entire property for the barn. She went on to explain the barn will be wood construction with conventional framing on the outside and it will complement the residential property in color. In response to a question from the commission, Niedermeyer said there would be a light on the outside of the barn and the interior would have lights. She said the height of the pitch of the roof would be well under 30 feet. Kenyon stated that the applicant has worked with the Wetlands Commission and it has signed off on the barn. The commission has 65 days to render a decision.

The public hearing of an application seeking to modify a Special Permit for a farm store to enclose a porch and add a deck at 130 Lost Acres Road opened at 7:52 p.m. Virginia Wutka, of 130 Lost Acres Road, presented the application. Wutka is looking to make the surroundings more comfortable for her customers by enclosing the existing porch. In the winter months, it will also allow them to store produce. Wutka also explained they are proposing to add a small, 12 feet by 20 feet, deck onto the building. The deck will not obstruct the views and will not have a roof. Kenyon noted the farm store is currently operating under Special Permit approval and any modifications to that permit require commission approval. The commission has 65 days to render a decision.

Consideration of the above applications, where the commission has concluded the public hearing:

On a motion by Eric Lukingbeal, seconded by Jonathan Boardman, the commission voted (6-0-1) to approve a Special Permit for a farm store to enclose a porch and add a deck, for property located at 130 Lost Acres Road.  Commissioner Kraiza abstained.

On a motion by Margaret Chapple, seconded by Eric Myers, the Commission voted (7-0-0) to approve a Special Permit for a garage/barn in excess of 1,000 square feet for property located at 2 Clemons Spring Road.

Application seeking approval of a Special Permit for a rear lot subdivision with proposed excavation in excess of 5,000 cubic years of earth material for property located at 292 Granville Road.

There was consensus the commission did not want to vote on the application this evening. The commission discussed several possible conditions, which included three months for excavation; no Saturday and Sunday activity and Friday activity ending at 3 p.m.; no equipment visible from the road; no processing, screening, and crushing on site; and the street front should be landscaped. Kenyon clarified erosion and sediment control measures will be shown on the plan and a bond will be in place for inspections. The building official and other town staff will inspect and monitor the site during the period of activity. The commission requested conditions be formalized for their consideration at the next meeting.

Application seeking approval of a Special Permit for a restaurant with alcoholic beverages and live entertainment for property at 261 Salmon Brook Street.

The commission discussed the application for a Special Permit for a restaurant with alcoholic beverages and live entertainment at 261 Salmon Brook Street. The commission noted several concerns that were presented during the public hearing. The commission discussed traffic and circulation patterns, lighting, and fencing among other concerns. Jim Sansone noted that based on a previous approval, there was to be a right-turn-only out of the driveway, however the sign was never installed on the site. Kenyon noted the applicant wants to change this condition and allow left turns. Eric Lukingbeal said conditions should not be considered, he noted if the regulation is not met, the application should be turned down.

Several other members voiced their opinions for and against the application. Margaret Chapple noted several unresolved traffic issues, citing the study used data from December 2014 and although newer information was available, the applicant has not provided updated information. Paula Johnson said it was an incompatible use adjacent to the residents and the noise on the patio is a concern for adjacent residents. Several members would like the see the application move forward. Jonathan Boardman and Eric Myers said based on the traffic flow, there are opportunities to turn left and this is not a concern. Charles Kraiza stated the investment in the restaurant would be beneficial for the town of Granby.

Paula Johnson noted that four commissioners were opposed to the application and three commissioners were in support.

The commission requested that Abby Kenyon formalize a motion to deny the application for their consideration at the next meeting due to the incompatibility of the use with the surrounding neighborhood.

Kenyon reported the sidewalk project along Salmon Brook Street is progressing. The contractor is currently clearing trees and brush. She noted some trees have to be removed and those are marked.

She said the foundation for the first apartment building at Ridgewood has been poured and the developer is starting on the second. The developer also plans to pave the Peppermill parking lot in the coming weeks.

Patricia Tappenden, Recording Secretary