March 10, 2020
Present: Mark Lockwood (Chair), Jonathan Boardman, Margaret Chapple, Eric Lukingbeal, Eric Myers, Matthew Peters, Brennan Sheahan. Also present was Abby Kenyon, Director of Community Development.
Seating of alternates
Matthew Peters was seated for Christine Chinni.
Minutes
On A Motion by M. Chapple seconded by E. Lukingbeal the commission voted (7-0-0) to approve the minutes of Feb. 25, with one clarification. M. Chapple abstained from the vote of the Feb. 11 minutes.
Public Hearing
Application seeking an amendment to Zoning Regulations Section 3.5.2, which would allow a residential use in the Business Zone by Special Permit.
John Pagliaro, 369-371 North Granby Road, addressed the commission. Currently Zoning Regulations Section 3.5 does not permit residential uses in the Business (C2) Zone. Pagliaro proposes allowing residential uses by Special Permit in the Zone. He stated there has been interest in 369 North Granby Road from a proprietor to run a business downstairs and live upstairs; however, this is not currently allowed in the zone. Director of Community Development A. Kenyon advised that if the zoning amendment is adopted, this would be a new sub-section within the Special Permit uses in the Business Zone, Section 3.5.2.17. She noted this proposed change is consistent with the Plan of Conservation and Development’s goal to provide greater opportunities for mixed use commercial and residential development.
She added the Special Permit process gives the commission the ability to determine if a proposed residential use would be appropriate for a particular property depending on the situation. CRCOG reviewed the application and does not have any concerns. M. Lockwood noted this is a proposed change to the Zoning Regulations and would affect all properties in the Business Zone, not just the specific property the applicant has noted this evening.
The hearing was opened for public comment. Tom Fredo, 379 North Granby Road, addressed the commission stating he has no objections.
The Public Hearing closed at 7:05 p.m. The commission has 65 days to render its decision.
Application seeking a site plan modification and Special Permit for a motor vehicle repair facility for property located at 561 Salmon Brook Street.
Brain Denno, Denno Land Surveying and Consulting, LLC, addressed the commission. This property is located in the Business (C2) Zone. The most recent use was for a motor vehicle repair facility approved by the commission in 2016.
The applicant proposes to construct a 2,160 square-foot addition for three garage bays. The existing building will be used for a showroom and storage. A landscaped island will separate the property from the site to the north. There will be additional parking, walkway, landscaping and full cut-off lighting over each garage bay door. A trailer for tires will be stored onsite to the north of the building addition. Some work is proposed outside the building on the concrete pad adjacent to the building for the vehicles or trailers that are too large to fit inside the garage.
A. Kenyon noted the dumpster must be shown on the site plan and this may conflict with the location of the storage trailer. She also noted the Town Engineer reviewed the plans. He has not yet generated formal comments but indicated turning movements for the driveway may need to be evaluated, stormwater calculations are required, and Farmington Valley Health District approval may be needed. Kenyon stated the Town Engineer comments will be forwarded to the applicant to be addressed.
Roger Fecteau, owner of Route 10 Tire, addressed the commission and answered questions. Conditions from the 2016 Special Permit approval were reviewed. Fecteau noted his business opens at 7:30 a.m. on Saturday, not at 8 a.m. as indicated on the previous approval. There will also be some business activities outside.
The hearing was opened for public comment. William Glueck, 18 Barkhamsted Road, and Tracey McCartney, 557 Salmon Brook Street, addressed the commission. Both parties support this application.
The Public Hearing closed at 7:25 p.m. The commission has 65 days to render its decision.
Application seeking to modify a Special permit for a FRD re-subdivision under Zoning Regulations Section 8.20 to change the limits of approved tree clearing for property located at 37 Cider Mill Heights.
Representing the applicants, Louis George, of Hassett and George, PC described the events leading to this application. When the FRD re-subdivision was approved, the commission outlined the limits of clearing for each lot. Modified clearing limits could be approved by the building official following a review of a specific building permit application.
The applicants purchased the property last spring and began site work, which included clearing vegetation and installing erosion control measures. Unbeknownst to them, the clearing was beyond the limits allowed. The applicants now seek approval for the clearing that has been done, approval of additional clearing of trees/vegetation to accommodate the driveway and walkout basement, and approval for replanting certain areas to create buffers to adjacent properties.
T.J. Barresi, Barresi and Associates, addressed the commission. Barresi provided a plan illustrating permitted clearing, actual clearing, and additional clearing boundaries necessary to move forward. He explained the original plan approved under the FRD Special Permit was intended to be conceptual and showed a smaller house with a septic system in the backyard; often times the actual home that is constructed is modified from what is shown on the initial layout plan. In this case, the applicants wish to construct a larger home. The larger home required it be shifted to the south away from the approved location, this then affected where the septic could be located. Furthermore, the size and configuration of the proposed home, walk-out basement, driveway configuration, and proposed pool area and associated grading requires clearing beyond the approved clearing limits. He presented information to the commission demonstrating adjacent lots had been cleared beyond what was initially approved by the commission.
Rick Sotil, Sotil Tree Service, East Granby, addressed the commission. Many trees already cut were in poor health. He recommends additional clearing to remove further compromised trees. He suggests planting fast growing, deep rooted willow trees and acknowledged that willows need a lot of water their first year. Answering commission questions, Sotil stated it was the applicant who cut down the trees, not himself. Commission members who visited the property added the site is very rocky and existing trees appear to be of poor quality.
The hearing was opened for public comment.
Clayton Morad, 35 Cider Mill Heights; Christine Peaslee, 38 Cider Mill Heights; Paula Johnson, 289 Simsbury Road; Ed Lally, Ed Lally and Associates, addressed the commission. Their concerns included impacted privacy, erosion concerns, need for the applicant to abide by the approval, impact to the ridgeline, and concerns about the proposed willow trees.
Barresi stated the applicant will comply with whatever the commission requests regarding proposed plantings.
Pauline Morini, applicant and owner of 37 Cider Mill Heights, addressed the commission followed by her husband, Justin Morini. P. Morini apologized to the commission, neighbors and audience for the clearing oversight, noting they were unaware of the clearing limits and they are willing to plant whatever is needed.
Tom Fredo, Developer of Cider Mill Heights, addressed the commission. He suggests planting more trees, including along the driveway, and noted concerns about the impact on the neighbors.
L. George stated his clients are willing to hire a landscape architect and will follow conditions set by the commission.
The Public Hearing closed at 8:45 p.m. The commission has 65 days to render its decision.
Receive applications and set public hearings
Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 22 West Granby Road. File Z-08-20.
Application seeking a site plan modification and Special Permit under Zoning Regulations Section 8.16 for a restaurant with alcoholic beverages and outdoor dining for property located at 18R Hartford Avenue. File Z-09-20.
Application seeking a Special Permit under Zoning Regulations Section 8.8 for a home occupation for a woodworking shop in an accessory building for property located at 261 Silver Street. File Z-10-20.
The public hearings have been scheduled for March 24, 2020.
Consideration of above applications, where the commission has concluded the public hearing.
Application seeking an amendment to Zoning Regulations Section 3.5.2 which would allow a residential use in the Business Zone by Special Permit. File Z-05-20.
On A Motion by E. Myers seconded by E. Lukingbeal the commission voted (7-0-0) to approve an application seeking an amendment to Zoning Regulations Section 3.5.2, which would allow a residential use in the Business Zone by Special Permit with the following modifications: “Residential uses when a single-family dwelling or apartment is occupied by a person, together with his family…” shall read, “together with the person’s family…” Section 3.5.2.9 is also modified to read “Residential uses, subject to Section 8.13, except as per Section 3.5.2.17.”
Application seeking a site plan modification and Special Permit under Zoning Regulations Section 3.5.2.3 for a motor vehicle repair facility for property located at 561 Salmon Brook Street. File Z-06-20.
On A Motion by E. Myers seconded by M. Chapple the commission voted (7-0-0) to approve an application seeking a site plan modification and Special Permit under Zoning Regulations Section 3.5.2.3 for a motor vehicle repair facility for property located at 561 Salmon Brook Street subject to the following: any outstanding Town Engineer comments must be addressed; Farmington Valley Health District approval, if applicable; and changes must be made to the site plan as outlined by staff including parking count, flowering tree type, dumpster location, and trailer location. Changes to the Special Permit include tire changes may take place on the concrete pad outside the building and the permitted hours of operation are Monday through Saturday 7:30 a.m. to 6 p.m.
Application seeking to modify a Special Permit for a RFD re-subdivision under Zoning Regulations Section 8.20 to change the limits of approved tree clearing for property located at 37 Cider Mill Heights. File Z-07-20.
The commission discussed the lot clearing, noting it did not appear to have an impact on the ridgeline but there are concerns with erosion controls and impacts on the neighbors. It was agreed a landscape architect should be contacted to create a landscape plan to enhance screening and privacy and minimize the impact on the neighbors.
The commission also noted the additional requested clearing is needed to accommodate the house layout, including the walkout basement and driveway. As for the clearing in the backyard, the commission noted the landscape architect should include this area in the plan to determine appropriate groundcover. Landscaping along driveway to reestablish that area is needed as well.
On A Motion by E. Myers seconded by J. Boardman the commission voted (7-0-0) to approve an application seeking to modify a Special Permit for a RFD re-subdivision under Zoning Regulations Section 8.20 to change the limits of approved tree clearing for property located at 37 Cider Mill Heights with the following conditions: The applicant is to retain a Connecticut Licensed Landscape Architect to design a planting plan to be approved by staff to include soil, berms, and provisions for watering plants, with an emphasis on creating buffers from the neighbors, and the landscaping is to be maintained in a healthful state.
Nominate two Commission members to serve on the Committee to Review Agritourism and Farm Store Zoning Regulations
On A Motion by E. Myers seconded by J. Boardman the Commission voted (7-0-0) to appoint Paula Johnson and Matthew Peters to serve on the Committee to Review Agritourism and Farm Store Zoning Regulations.
April 14, 2020
Present: Mark Lockwood (Chair), Jonathan Boardman, Margaret Chapple, Christine Chinni, Eric Lukingbeal, Eric Myers, Brennan Sheahan. Also present was Abby Kenyon, Director of Community Development.
Call to Order
M. Lockwood noted per an Executive Order by the governor, the meeting is being held remotely and while there is no public session, the public may contact the Community Development Department via email in advance of a meeting and A. Kenyon will distribute comments accordingly. It was also noted that commission members shall introduce themselves each time they speak and during the public hearing, members of the public who wish to speak shall also introduce themselves and state their address.
Minutes
On A Motion by E. Lukingbeal seconded by E. Myers the commission voted (7-0-0) to approve the minutes of March 10.
CGS Section 8-24 Referral: Acceptance of Parking Lot next to Freshies Café (portion of 91 Salmon Brook Street, .514 acres)
A. Kenyon addressed the commission. Under Connecticut General Statute Section 8-24, no municipality shall acquire land until the proposal has been referred to the Planning and Zoning Commission for a report. In accordance with this, the Planning and Zoning Commission is asked to consider the acceptance of a portion of 91 Salmon Brook Street, the land adjacent to Freshies Café that contains the parking lot.
A. Kenyon explained that in accordance with the commission’s approval of the apartment development and the access and utility easement agreement, the parking lot is to be turned over to the Town prior to a Certificate of Occupancy being issued for the last apartment building. The parking lot is located on .514 acres. It has been fully constructed and an as-built has been prepared and reviewed by the Town Engineer. It is recommended the Planning and Zoning Commission recommend acceptance of the .514 acres of land and associated improvements to the Board of Selectmen.
On A Motion by E. Lukingbeal, seconded by J. Boardman, the commission voted (7-0-0) to recommend acceptance of the land next to Freshies Café, portion of 91 Salmon Brook Street, .514 acres.
Public Hearing
Application seeking a Special Permit for an accessory apartment for property located at 22 West Granby Road. Postponed from March 24, 2020.
Representing the property owner, Ula Carter, 28 Meadowbrook Road, addressed the commission. The apartment will be in the basement of the home and the garage will be converted to a bedroom. The apartment will be 714 square feet total and will consist of a kitchen/den area, one bedroom and one bathroom and will have access to outside. Answering commission members’ questions, Carter stated the property owner has given her permission to represent them at the hearing, A. Kenyon confirmed there is a letter on file indicating the owner is aware of this application; the septic system has been inspected and the building permit is completed and will be submitted if the commission approves the application. Commission members agreed the application is consistent with other accessory apartment applications that have recently been approved and the proposed application complies with the Zoning Regulations.
There was no public comment. The Public Hearing closed at 7:17 p.m. The commission has 65 days to render its decision.
Application seeking a site plan modification and Special Permit for a restaurant with alcoholic beverages and outdoor dining for property located at 18R Hartford Avenue. Postponed from March 24, 2020.
Dante Boffi, 33 Silver Brook Lane, addressed the commission. He proposes to open a restaurant at 18R Hartford Avenue. Several changes to the site will be made, including removal of several dead trees and brush, 6’ arborvitae will be planted, and two walkways to the building will be installed along with a patio for outdoor dining. A pergola will be positioned over the patio and will have string lights under it. A gate and temporary fence that can be removed at the end of the outdoor dining season will be installed around the patio. Boffi noted there are currently 30 parking spaces, which complies with the required number of spaces for the proposed use. The spaces will be re-striped along with accessible parking spaces and accessible parking space signage will be installed.
A dumpster pad with an enclosure is proposed for the northwest corner of the parking lot. For the interior of the building, Boffi stated there will be an accessible bathroom, bar area and kitchen installed. There will be tables and bench seating along the back wall. It was noted the bar area complies with the square footage allowed under the Zoning Regulations.
Answering commission questions, Boffi stated there is one accessible bathroom which is ADA compliant; the bench seat is 30’ in length; there will be a swing gate to the patio with a locking mechanism; and a table in the left corner of the restaurant will be removed to allow room for live acoustic music inside. It was also noted a litter control plan has been submitted.
A. Kenyon asked the applicant to clarify several aspects of the proposal. Boffi stated all outdoor patio furniture will be removed and stored off site at the end of the season; other than the string lights, no additional outdoor lighting is proposed, there will be no outdoor music; and the proposed hours of operation are 6:30 a.m. to 10:30 p.m. Sunday through Thursday and 6:30 a.m. to midnight Friday and Saturday.
The commission discussed the impact to nearby residents, noting while there are several residential uses nearby, the building is in a commercial area and several other existing restaurants are located closer to residential uses than this proposed restaurant. Answering commission questions, Boffi stated there will be a sign on the building facing Hartford Avenue and a spot added to existing freestanding sign by road. Food will consist of traditional pub fare such as sandwiches, soups, and salads and the restaurant will also offer craft beer, bourbon, whiskey and the like. A. Kenyon stated the application is complete and noted the commission should consider hours of operation, offsite storage of patio furniture, and the provision of music.
The Public Hearing was opened.
Peter Betsch, 14 Mechanicsville Road, and Gary Kevorkian, 18R Hartford Ave., addressed the commission. To answer Betsch’s question, Boffi stated there will be four metal tables on the patio. Kevorkian stated he is in support of the proposal.
The Public Hearing closed at 7:47 p.m. The commission has 65 days to render its decision.
Receive applications and set public hearings
Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 90 Granville Road. File Z-11-20.
Application seeking a Special Permit under Zoning Regulations Section 8.8 for a home occupation for a woodworking shop in an accessory building for property located at 261 Silver Street. File Z-10-20.
The public hearings have been scheduled for April 28, 2020.
Consideration of above applications, where the commission has concluded the public hearing.
On A Motion by M. Chapple, seconded by E. Lukingbeal, the commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 22 West Granby Road.
The commission discussed the application seeking a site plan modification and Special Permit for property located at 18R Hartford Avenue. The commission concluded that hours of operation should be 6:30 a.m. to 11 p.m., which is consistent with other restaurants in the area and to also minimize potential impacts on neighbors. There was also discussion of indoor acoustic music and storage of patio furniture.
On A Motion by E. Myers, seconded by J. Boardman, the commission voted (7-0-0) to approve an application seeking a site plan modification and Special Permit under Zoning Regulations Section 8.16 for a restaurant with alcoholic beverages and outdoor dining for property located at 18R Hartford Avenue with the following conditions; hours of operation are from 6:30 a.m. to 11 p.m., seven days per week; acoustic music is permitted indoors only; patio furniture shall be stored offsite at the end of the outdoor dining season.
Staff Report and Correspondence
A. Kenyon reported the town hired a contractor to complete test pits in Granby Center to locate the sewer line as part of the intersection improvement project. The work was completed this week and DOT is moving forward with the project. Construction on the roundabout near Notch Road and East Street will begin in May, with completion anticipated by November.
A. Kenyon announced Dominick Caruso will be filling in during her absence. He is the former director in Meriden and is very experienced. During her absence, she also proposed reducing the number of Planning and Zoning Commission meetings to one per month for May, June and July. Should the need arise, the commission could have a second meeting. The commission agreed to this.
Commissioner Reports and Correspondence
M. Lockwood thanked everyone for their cooperation and understanding with the new meeting format.
Respectfully submitted,
Patricia Tappenden, Recording Secretary