Present: Paula Johnson (Chairman), Margaret Chapple, Jonathan Boardman, Charles Kraiza, Eric Lukingbeal, Eric Myers, James Sansone. Also present was Abby Kenyon, Director of Community Development.
Receive Applications and Set Public Hearings
Application seeking a Special Permit for a detached accessory apartment at 115 West Granby Road, Zoning Regulations Section 8.5. File Z-14-18. The public hearing is scheduled for June 12, 2018.
Consideration of applications where the Commission has concluded the public hearing.
Application seeking approval of a Special Permit under Section 8.16 and 8.3 of the Zoning Regulations for a restaurant with alcoholic beverages and live entertainment for property at 261 Salmon Brook Street. File Z-6-18. Public hearing closed April 24, 2018.
Paula Johnson opened the discussion, noting the Commission has spoken at length about the pros and cons of the Special Permit application. Jonathan Boardman expressed his disappointment with the process, stating other restaurants have been approved in the center of town and he believes this application should be approved as well. Eric Lukingbeal said this application is different from other restaurant Special Permit applications because the Stony Hill Village residents are in such close proximity whereas the other restaurants had more of a buffer. He stated the application does not meet the Special Permit criteria. Eric Myers disagreed, noting the applicant has proposed measures to mitigate potential impacts to Stony Hill Village. Margaret Chapple stated that the Special Permit is not compatible with the surrounding area and the application does not meet the Special Permit criteria.
ON A MOTION by Eric Lukingbeal, seconded by Margaret Chapple, the Commission voted (4-3-0) to deny the application seeking approval of a Special Permit under Section 8.16 and 8.3 of the Zoning Regulations for a restaurant with alcoholic beverages and live entertainment for property at 261 Salmon Brook Street, File Z-6-18, as the application is not in compliance with the criteria for Special Permits outlined within Sections 8.2.1, 8.2.3, 8.2.4, 8.2.5, 8.2.6, 8.2.7, 8.2.10 and Sections 8.16.2, 8.16.7, 8.16.10.
Jonathan Boardman, Charles Kraiza and Eric Myers were opposed.
Application seeking approval of a Special Permit for a rear lot subdivision with proposed excavation in excess of 5,000 cubic yards of earth material for property located at 292 Granville Road. File Z-7-18. Public hearing opened March 27, 2018. Public hearing closed May 8, 2018.
The Commission discussed the application and Alternate Grading Plans 2 and 3. The Commission was concerned with the slopes of Grading Plan 3. When compared to Grading Plan 2, the Commission noted there wasn’t a large difference in the amount of land that was to be cleared. In order to avoid steeper slopes and minimize the potential for erosion, the Commission believed Grading Plan 2 was the preferred option. Under this proposal, 13,500 cubic yards of material would be removed and 3.9 acres would be cleared. The Commission discussed the proposed conditions, noting site work would be permitted until 3:30 p.m. on Friday, building construction would be removed from the first condition, and no equipment may be visible from Granville Road following completion of site clearing.
ON A MOTION by Eric Lukingbeal, seconded by Charles Kraiza, the Commission voted (7-0-0) to approve a Special Permit for a rear lot subdivision with proposed excavation in excess of 5,000 cubic yards of earth material for property located at 292 Granville Road (File Z-7-18) with the following conditions:
There shall be no site work on Saturday, Sunday, or after 3:30 p.m. on Friday. Site work includes, but is not limited to, excavation, tree clearing and grading.
There shall be no processing, screening, and crushing of material on site.
All excavation activities must be completed within three months from the start date of such activities. The Director of Community Development shall be notified in writing when excavation is to begin.
Upon completion of site clearing, no equipment shall be stored on site so that it is visible from Granville Road.
A cash bond is required to guarantee the installation and maintenance of the soil erosion and sedimentation plan as required under Section 6.0 of the Subdivision Regulations. The bond must be submitted prior to any land disturbing activities.
In accordance with Section 126.96.36.199 of the Subdivision Regulations, all lot corners shall be permanently located by metal pins at least 3/4 inch in diameter and thirty (30) inches in length. No certificate of occupancy shall be issued for any home until a certification is received by a licensed land surveyor stating that all required monuments and pins have been installed as required.
A fee in lieu of open space as outlined in Section 3.1.3 of the Subdivision Regulations is required. The fee in lieu of open space shall either be submitted prior to the filing of the final mylars or a document, suitable to the Commission, must be filed on the land records that require the payment at such time as the lots are sold. The fee in lieu of open space is $5,598. A note that references this requirement must be added to the plan set.
Grading Plan Alternate 2 must be finalized and minor additions and corrections shall be made to the final mylars prior to filing with the Town Clerk. These corrections include:
All work associated with the line-of-sight improvements to be completed prior to the earth excavation and removal should be noted on the final approved grading plan.
The project narrative must include the amount of soil material to be removed in cubic yards as shown on the final approved grading plan.
A note should be added to the plans stating work within the State right of way requires permitting through the DOT.
A note referencing approval by the IWWC and a copy of its approval must be added to the plan set.
Per Section 6.3 of the Subdivision Regulations, the Erosion and Sediment Control Plan, Certification Signature Block must be added to the plan set.
Abby Kenyon reported the developer at Ridgewood has started framing the first apartment building and is pouring foundations for several of the garages. The traffic light at Floydville Road is being installed this week. She noted nine building permits have been issued for the Copper Brook development.
Commission discussion of items of interest or concern
Paula Johnson said she would like to convene a group in the Fall to better define accessory uses in the Zoning Regulations. She also noted the group should begin work on implementing the goals outlined in the Plan of Conservation and Development.
Patricia Tappenden, Recording Secretary