October 13, 2020
Present: Mark Lockwood, Margaret Chapple, Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers, and Brennan Sheahan. Also, Abigail Kenyon, Director of Community Development.
Call to Order
Chairman Lockwood called the meeting to order at 7:01 p.m. Per Executive Order this meeting shall be held remotely; commission members who speak shall introduce themselves each time they speak; members of the public who wish to speak shall introduce themselves and state their address.
Public Hearing
Application seeking to modify a Special Permit for a FRD re-subdivision under Zoning Regulations Section 8.20 to change limits of approved tree clearing for property located at 33 Cider Mill Heights, R2A Zone. File Z-21-20
T.J. Barresi, Barresi and Associates, 50 Hayden Station Road, Windsor, representing the applicant Mark Batorski addressed the Commission. He stated Batorski recently purchased 33 Cider Mill Heights. The property has previously approved limits for land clearing. He would like to construct a barn and clear an additional 1.8 acres outside the approved limits to create a pasture for horses. The total cleared area would be 3.9 acres. Barresi noted in 2017 the commission approved a Special Permit application for the six lot FRD resubdivision application with the clearing conditions. This proposed pasture is outside the approved clearing limits. He stated town staff has reviewed the plans. Comments from the Town Engineer pertain to erosion and sediment control; the notes may require slight revisions. Barresi stated the plans can be revised to comply with all staff comments.
Batorski, property owner 33 Cider Mill Heights, addressed the commission. The proposed additional clearing will be for pasture for two to four horses maximum. He stated they are trying to keep the majority of the existing property forested to provide continuous buffer and screening of the pasture from neighbors.
There was no public comment.
The public hearing closed at 7:22 p.m. The commission has 65 days to render its decision plus any extension as granted by Executive Order.
Application seeking a Special Permit under Zoning Regulations Sections 8.6.14 and 8.16.10 for an illuminated building sign, expansion of seasonal outdoor dining area and outdoor entertainment, for property located at 18R Hartford Avenue, COCE Zone. File Z-22-20.
The applicant, Dante Boffi, 33 Silver Brook Lane, North Granby, addressed the commission. He proposes to install a building sign that will be 12 square feet with back-lit letters. The sign complies with the allowed area but requires approval for the proposed illumination. Examples of the proposed illumination were provided. He stated the illumination is similar to the illuminated signs at Grassroots and Deep Roots Restaurant in town.
Boffi stated he would also like to expand the seasonal outdoor dining area and include outdoor music. He stated that when constructing the patio, additional pavers were installed between the patio as shown on the previously approved site plan and the building to correct drainage issues. He is proposing to locate four additional tables in this area, which would bring the total number of outdoor tables to eight.
The mechanical units originally shown on the site plan in this area were relocated to the side of the building. In response to questions from the commission, Boffi stated there are currently additional tables outside that are intended for temporary dining under the Executive Order. This includes two additional picnic tables adjacent to the patio, tables in the parking lot, and tables and chairs in the lawn to the north of the parking lot. Boffi explained he obtained permission from the property owner and health department for these areas and they are a temporary necessity to comply with social distancing practices and to prevent people hovering in the parking lot.
Kenyon noted the applicant was informed a temporary outdoor dining permit is required; this has not yet been submitted for staff approval. Furthermore, the temporary seating must be removed when the Executive Order expires. After discussion, Boffi stated he may come back and finish that application for temporary dining.
Boffi went on to explain his request for outdoor music. He is proposing to have outdoor entertainment from 6 to 9 p.m., Monday through Friday and 2 to 9 p.m. on Saturday and Sunday. Entertainment would be limited to the patio area. The tables on the patio immediately adjacent to the building would be moved so that area could be used for performers to set up. He stated most performers will be one or two people. Should there be a special event that would require additional parking, the owners will work with the town to craft a sensible solution. Kenyon reminded the commission that Four Dads is a restaurant and entertainment is an accessory use to the restaurant. Any additional entertainment or events that may be proposed in the future will have to be presented to the commission for review.
Answering commission member’s questions, Boffi stated much time has been spent working on music volume decibels to be respectful of neighbors; that music would consist of one- or two-piece acoustic bands; there would be no stage; the adherence of 50 decibels at the property line would be followed.
Myers raised a concern of trash in the parking area. Boffi stated he will work something out to ensure trash is taken care of completely. There was a comment that the dumpster is currently not in the approved dumpster enclosure. Boffi stated there is an issue accessing the dumpster and they are working on a solution.
The commission discussed the overall site and proposed use, noting it is a relatively small space. Concerns regarding overcrowding and the potential for people to congregate in the parking lot were discussed. To address this, it was noted the capacity should be set at the number of tables and chairs available in the restaurant, including both indoor and outdoor seating. The commission also discussed the months outdoor dining may be permitted. It was noted this is not a music venue and is a restaurant with music as an accessory use.
There was no public comment.
It is noted for the record that 13 emails in support of this application were received.
The public hearing closed at 8:08 p.m. The commission has 65 days to render its decision plus any extension as granted by Executive Order.
Application seeking a Special Permit under Zoning Regulations Section 9 to excavate and remove earth materials for property located at 100 Wells Road, R30 Zone. File Z-23-20
Hal Pierce, of Pierce Builders, 522 Salmon Brook Street, Granby, agent for the applicant Stephen Janeski, addressed the commission. He explained Janeski purchased 531R Salmon Brook Street and combined the property with the adjoining 100 Wells Road property. He then took out a building permit to construct a barn in the area. In order to prepare the area for the barn and expand pasture for cows, they are proposing to excavate 37,000 yards of material. The material will be brought across the street to Tilcon. All topsoil will stay on the site. Answering commission questions, Pierce stated work will be done Monday through Friday 7 a.m. to 4 p.m. and no work will be done on federal holidays, and noise reduction equipment is already in place. Excavation should take 30 to 60 days. Pierce stated tarps and water trucks will be used for dust control. The proposed work area is more than 600 feet from wetlands.
At 8:18 p.m. the public hearing opened for comment.
John Dallen, 11 Fern Hollow Drive, addressed the commission. Dallen is opposed to this application and has submitted detailed email correspondence for the commission’s consideration. He emphasized Pierce has already begun excavating work without a permit and believes the property owner has violated previous conditions of approval. He noted environmental concerns with the proposal and the impact it will have on people working from home.
Tim McDonald, 45 Meadow Brook Road is in favor of this application and stated his house does not shake from the equipment.
There were no further comments. The public hearing closed at 8:30 p.m.
Lukingbeal asked Kenyon if the Inland Wetlands and Watercourses Commission reviewed the application. Kenyon stated the work is located outside the regulated area, therefore it has not been reviewed by them. She noted she and the Town Engineer visited the site and met with Pierce and Janeski to review the area. The plans have been reviewed and comply with the Zoning Regulations. She noted when considering this application, the commission is to understand the excavation activity is temporary and should base their decision on the condition of the property in its completed state, which will be pasture.
The public hearing closed at 8:33 p.m. The commission has 65 days to render its decision plus any extension as granted by Executive Order.
Receive applications and set public hearings
Application seeking a Special permit under Zoning Regulations Sections 3.5.2.2 and 8.21.4.8 for a commercial recreational service (gym) within the Aquifer Protection Overlay Zone, for property located at 10 Mill Pond Drive, C2 Zone. File Z-24-20.
Application seeking a Special Permit under Zoning Regulations Section 8.16.10 for outdoor entertainment for property located at 17R East Granby Road, @ the Barn, COCE Zone. File Z-25-20.
Application seeking a Special Permit under Zoning Regulations Section 8.16 for a seasonal outdoor dining area and both indoor and outdoor entertainment, for property located at 9 Bank Street, La Figata, COCE Zone. File Z-26-20.
The above applications are set for public hearing on Oct. 27.
Application seeking to modify a Special Permit for a FRD re-subdivision under Zoning Regulations Section 8.20 to change limits of approved tree clearing for property located at 33 Cider Mill Heights, R2A Zone. File Z-21-20
On A Motionby Myers and seconded by Boardman the commission voted to approve (7-0-0) an application seeking to modify a Special Permit for a FRD re-subdivision under Zoning Regulations Section 8.20 to change limits of approved tree clearing for property located at 33 Cider Mill Heights, R2A Zone, subject to addressing all staff comments as noted in the file. File Z-21-20
Application seeking a Special Permit under Zoning Regulations Sections 8.6.14 and 8.16.10 for an illuminated building sign, expansion of seasonal outdoor dining area and outdoor entertainment, for property located at 18R Hartford Avenue, COCE Zone. File Z-22-20.
The Commission agreed to motion parts of this Special Permit separately.
On A Motionby Chinni and seconded by Chapple the commission voted to approve (7-0-0) an application seeking a Special Permit under Zoning Regulations Sections 8.6.14 for an illuminated building sign for property located at 18R Hartford Avenue, COCE Zone, as presented. File Z-22-20.
On A Motionby Myers and seconded by Boardman the commission voted to approve (7-0-0) an application seeking a Special Permit under Zoning Regulations Sections 8.16.10 for expansion of seasonal outdoor dining area and outdoor entertainment, for property located at 18R Hartford Avenue, COCE Zone with the following conditions: expansion of outdoor dining area is limited to the submitted plan, live outdoor entertainment is an accessory use to the operation of the restaurant, live entertainment is limited to the designated area shown on the plan, live outdoor entertainment shall be limited to 50 dB measured at the property line, outdoor entertainment is permitted Monday through Friday from 6 to 9 p.m. and on Saturday and Sunday from 2 to 9 p.m., all outdoor furniture to be stored off site during winter season, which is defined as from Dec. 1 through March 1, maximum seating capacity for combined indoor and outdoor space is 54 seats, and dumpster enclosure to be modified to fit the larger dumpster. File Z-22-20.
Application seeking a Special Permit under Zoning Regulations Section 9 to excavate and remove earth materials for property located at 100 Wells Road, R30 Zone. File Z-23-20
Commission members were concerned the applicant had not obtained a Special Permit prior to commencing this project. The commission suggested a bond be set to ensure completion of the project. Kenyon noted the Town Engineer and herself have visited the site and have no issues with the plans presented; the plan complies with Section 9 of the Zoning Regulations. The commission recommended Kenyon draft a list of conditions for this application. It was agreed to continue this discussion at the next Planning & Zoning meeting to be held on Oct. 27.
Sidewalks at Salmon Brook Park
Kenyon addressed the commission. She explained the Community Connectivity Grant program was developed to provide funding to municipalities for infrastructure improvements to improve accommodations for bicyclists and pedestrians. Funding ranges between $125,000 and $600,000 and can be used for construction activities only. The town will be submitting a grant application to fund a walking path in Salmon Brook Park around the fields and will connect to the sidewalk. The path will also provide access to the fields used by Granby Rovers. She stated if the commission is in agreement, it is requested the commission vote to draft a letter in support of the grant application.
On A Motionby Lukingbeal and seconded by Chapple the commission voted (7-0-0) to approve the drafting of a letter in support of the Community Connectivity Grant program application.
Commissioner Reports and Correspondence
Myers noted there has been digging and test pipes situated at the property of 76 West Granby Road. Kenyon stated no application has been received for the property.
On another matter, Kenyon will follow up with Maple View Farm’s owner regarding special events and a recent musical event held at this property.
October 27, 2020
Present: Mark Lockwood, Margaret Chapple, Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers, Brennan Sheahan. Also, Abigail Kenyon, Director of Community Development.
Public Hearing
Application seeking a Special Permit under Zoning Regulations Sections 3.5.2.2 and 8.21.4.8 for a commercial recreational service (gym) within the Aquifer Protection Overlay Zone, for property located at 10 Mill Pond Drive, C2 Zone. File Z-24-20.
In addressing the commission, Rob Olson, applicant, stated he plans to move an exercise business, ResoluteFIT, to 10 Mill Pond Drive. He stated the business is open weekdays, starting at 4:45 a.m. and ending at 7:30 p.m. On Saturday, classes run from 6 a.m. to noon and on Sunday from 7 a.m. to noon. There are three full time employees and six part-time employees and approximately 150 members. He stated with current COVID-19 restrictions, classes are limited to 12 people. Once restrictions are lifted, he anticipates class size increasing to 20 people.
Lockwood asked if the number of parking spaces on site is enough to accommodate staff and attendees. Olson stated there are currently three parking spaces in front and nine in the rear, additional spaces may be needed. Kenyon stated although the current number of parking spaces complies with required parking count based on the Zoning Regulations, she asked the applicant to show on a site plan the additional parking spaces. The commission discussed noise level of outdoor activities and outdoor equipment usage and storage, noting concerns with large tires that are visible from the road at the Simsbury location.
Olson stated tires can be stored to the north of the building so they are not visible from the road and no music is played during the classes. The commission also raised safety issue concerns for participants who run outdoors. Olson noted that running is short in duration; he will check on traffic volume on Mill Pond Drive.
There was no public comment.
The public hearing closed at 7:17 p.m. The commission has 65 days to render its decision plus any extension as granted by Executive Order.
Application seeking a Special Permit under Zoning Regulations Section 8.16.10 for outdoor entertainment for property located at 17R East Granby Road, @ the Barn, COCE Zone. File Z-25-20.
James Chen, owner of @ The Barn, and Kristen Garcia, general manager, addressed the commission. Garcia stated Special Permit approval in 1995 allowed for indoor live entertainment at 17R East Granby Road. They are now seeking a Special Permit to allow outdoor entertainment on the patio area. She stated there will be no electric guitars and no drums, performers will primarily be one- or two-person acoustic groups, and performers will use speakers and amplifiers.
Boardman stated the commission recently granted approval for outdoor music for another restaurant with a 50 dB sound level at property line. Garcia stated she is fine with that. The commission raised several questions to Kenyon specifically who and how are noise levels enforced and conducted. They also recommended a clear definition of the term ‘acoustic’ should be crafted. Kenyon stated she is currently discussing procedures to measure and document any noise violations with the town Zoning Enforcement Officer and the Chief of Police. She is also looking into the purchase of a sound level monitoring device. It was noted the procedure of enforcement will be discussed later in the evening. It was also stated outdoor entertainment is an accessory use.
The hearing was opened for public comment.
Mark Higby, 25 Oakridge Drive, lives 200 yards from @ the Barn. He supports this application. Paula Johnson, 289 Simsbury Road, is concerned how noise level violations will be enforced.
Kenyon noted there were three letters from the public for this application. Chinni added for the record she is not comfortable lending credibility to letters whose author remains anonymous.
The Public Hearing closed at 7:35 p.m. The commission has 65 days to render its decision plus any extension as granted by Executive Order.
Application seeking a Special Permit under Zoning Regulations Section 8.16 for a seasonal outdoor dining area and both indoor and outdoor entertainment, for property located at 9 Bank Street, La Figata, COCE Zone. File Z-26-20.
James Chen, owner of La Figata, and Kristen Garcia, general manager, addressed the commission. Chen stated they plan to construct a deck on the east side of the building with 13 tables. The elevated deck and pergola will be 16 feet by 64 feet and will be located 24 feet from the first parking spaces to the east. Patio furniture will be stored offsite. Umbrellas will replace the current tents that are on site once the operation returns to normal. Lockwood expressed a safety concern, stating the deck location is an active driveway with tractor trailers. Chen stated there will be a fence barrier in place. Lockwood suggested that a visual barrier be added as well along the southern end of the patio, such as plantings. The applicant went on to describe plans for outdoor entertainment, requesting entertainment Tuesday through Friday from 12 to 9 p.m., Saturday and Sunday from 5 to 9 p.m. Outdoor music will run March 1 through Dec. 1. The front corner of the patio will be set up for music, and tables relocated. Lighting will be installed on deck columns and face downward. The indoor music will be in the location shown on the layout provided.
The hearing was opened for public comment.
Lockwood noted there were three letters from the public for this application.
Kenyon asked Garcia and Chen about timing of indoor music. Garcia stated indoor music will follow the same timing as outdoor music. Lockwood concluded the indoor area devoted to indoor music complies with the square footage outlined in the Zoning Regulations.
The Public Hearing closed at 7:52 p.m. The commission has 65 days to render its decision plus any extension as granted by Executive Order.
Receive applications and set public hearings
Kenyon stated an application was submitted for an attached accessory apartment for the property of 10 Fawn Drive.
The above application is set for public hearing on Nov. 10.
Consideration of an application seeking a Special Permit under Zoning Regulations Section 9 to excavate and remove earth materials for property located at 100 Wells Road, R30 Zone. File Z-23-20. (Public hearing closed Oct. 13)
Kenyon gave a summary stating the applicant purchased 531R Salmon Brook Street and combined it with 100 Wells Road and submitted a building permit to construct a barn in the area that was formerly 531R Salmon Brook Street. In preparing the area for construction of the barn, it became clear the amount of material to be excavated exceeded what was permitted with building permit approval. The applicant was notified and all work stopped. A Special Permit was submitted for the commission’s review.
The applicant proposes to excavate and remove approximately 37,000 yards of material from approximately 3 acres of this site. Material will be removed from the site via an existing gravel driveway out to Salmon Brook Street and delivered to Tilcon located at 536 Salmon Brook Street. The proposed hours of operation are from 7 a.m. to 4 p.m. Monday through Friday, no work will take place on federal holidays. Water will be used for dust control and trucks will use covers. There will be no screening or processing of material on the site. Once excavation is completed, topsoil will be brought in and the area will be seeded to match the surrounding pasture.
During commission discussion on Oct. 13 it was requested town staff prepare a list of conditions for the commission’s consideration. Chinni noted as the applicant started this project without a permit, conditions should be explicit about limitations and requirements.
Kenyon stated bond has been set at $30,000. Lockwood commented that many people are working from home, therefore consideration of start time, end time and truck noise should be addressed. Sheahan calculated the truck load traffic, estimating 27 loads per day moving in and out of site. Commission members discussed start and finish times. Final grading should be done by May 1, 2021 and restoration finished by Sept. 1, 2021. Morning start time in consideration of those who work at home should begin at 8 a.m., not 7 a.m. The commission discussed the list of conditions outlined in the Oct. 22 staff memo and amended several points. Kenyon added this application is in conformance with Sections 9 and 8.2 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.
On A Motionby Myers, and seconded by Boardman, the commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Section 9 to excavate and remove earth materials for property located at 100 Wells Road, R30 Zone, File Z-23-20, subject to all conditions outlined by the Office of Community Development and modifications made by the commission, as follows:
The application is as described in the applicant’s narrative and as further described by the site plan entitled, “Grading Plan Prepared for Stephen Janeski, 100 Wells Road, Granby, Connecticut, Scale: 1” = 100’, date” 9/17/20, Sheets 1-3, Revised, 10/07/20, Denno Land Surveying and Consulting, LLC.”
The operation shall not deviate from the plan as specifically outlined in the applicant’s narrative, except as noted herein. The conditions outlined below and the limitations outlined within the applicant’s narrative 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 9.12.o, which states that “no operations are permitted on….established federal holidays” shall include all State of Connecticut and Federal Government legal holidays.
The operation shall be overseen by the Granby Town Engineer. The Town Engineer shall 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 site. The applicant shall reimburse the Town of Granby for all payments made to the Town Engineer for overseeing this project at a rate of $110 per hour. 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 these conditions the term Town Engineer includes any person or firm so designated by the Town Engineer or the Director of Community Development.
The Town Engineer shall visually monitor the site for dust and, should conditions dictate, may require the applicant to retain an environmental consulting firm to perform dust monitoring using split two 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.
The Office of Community Development shall be notified when excavation activities are to start. All excavation must cease 60 business days from the start date and no later than April 1, 2021.
All material leaving the site shall be delivered to property located at 536 Salmon Brook Street as proposed by the applicant.
The operating hours for excavation are 8 a.m. to 4 p.m., Monday through Friday. No machinery (trucks, excavators, graders, loaders, etc.) will be started before 8 a.m. and no machinery will remain running after 4 p.m. within the site.
Following completion of the excavation, the applicant shall promptly 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 removed from the site the desired and approved quantity of earth material. Final grading shall be completed by May 1, 2021. The restoration should be completed by Sept. 1, 2021.
The applicant shall file with the Town of Granby a $30,000 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.
Prior to finalizing the mylars, the plans shall be revised to note the following:
Actual total disturbed area is approximately 4.5 acres. Correct on plan set.
Add the following note to sheet 3 of the plans regarding site inspection, “At least once a week, and within 24 hours of the end of storms having a total rainfall that equals or exceeds 0.5 inches, the applicant shall inspect, at a minimum the following: disturbed areas of the construction activity that have not been fully stabilized; all erosion and sedimentation control measures; all structural control measures; soil stockpile areas; and locations where vehicles enter or exit the site. Where sites have been temporarily of finally stabilized, such inspection shall be conducted at least once every month for three months. A copy of the Sediment and Erosion Control Checklist on sheet 3 of the plans shall be completed after each inspection and kept available for review by town staff.”
To control dust, trucks shall use covers and water shall be used on site.
Noise from truck alarms shall be minimized.
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.
Any violation of these conditions of approval may be grounds for an immediate halt to the operation.
Consideration of above applications, where the commission has concluded the public hearing.
Application seeking a Special permit under Zoning Regulations Sections 3.5.2.2 and 8.21.4.8 for a commercial recreational service (gym) within the Aquifer Protection Overlay Zone, for property located at 10 Mill Pond Drive, C2 Zone. File Z-24-20.
On A Motionby Myers, and seconded by Chinni, the commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Sections 3.5.2.2 and 8.21.4.8 for a commercial recreational service (gym) within the Aquifer Protection Overlay Zone, for property located at 10 Mill Pond Drive, C2 Zone. File Z-24-20, subject to the following: the applicant shall show additional parking spaces and an area for equipment storage on a site plan to be reviewed and approved by staff; outdoor music is not permitted; hours of operation are from 4:30 a.m. to 9 p.m., 7 days a week.
Application seeking a Special Permit under Zoning Regulations Section 8.16.10 for outdoor entertainment for property located at 17R East Granby Road, @ the Barn, COCE Zone. File Z-25-20.
On A Motionby Myers, and seconded by Boardman, the commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Section 8.16.10 for outdoor entertainment for property located at 17R East Granby Road, @ the Barn, COCE Zone. File Z-25-20, subject to the following: Outdoor entertainment is an accessory use to the operation of the restaurant; hours of outdoor entertainment are Monday through Friday from 5 to 9 p.m. and Saturday and Sunday from 12 to 9 p.m.; live outdoor entertainment shall be limited to 50 dB measured at the property line; live outdoor entertainment is limited to the designated area shown on the site plan.
Application seeking a Special Permit under Zoning Regulations Section 8.16 for a seasonal outdoor dining area and both indoor and outdoor entertainment, for property located at 9 Bank Street, La Figata, COCE Zone. File Z-26-20.
On A Motionby Chapple, and seconded by Chinni, the commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Section 8.16 for indoor entertainment, for property located at 9 Bank Street, La Figata, COCE Zone. File Z-26- 20, subject to the following condition: indoor entertainment is permitted until 11 p.m.
On A Motionby Myers, and seconded by Chapple, the commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Section 8.16 for a seasonal outdoor dining area and outdoor entertainment, for property located at 9 Bank Street, La Figata, COCE Zone, File Z-26-20, subject to the following conditions: the applicant shall submit a site plan to be reviewed and approved by staff showing a barrier in the southeastern corner of the outdoor dining area; the outdoor dining season shall be from March 1 to Dec. 1; live outdoor entertainment is an accessory use to the operation of the restaurant; hours of outdoor entertainment are Monday through Friday from 5 to 9 p.m. and Saturday and Sunday from 12 to 9 p.m.; live outdoor entertainment shall be limited to 50 dB measured at the property line; live outdoor entertainment is limited to the designated area shown on the site plan; outdoor furniture shall be removed and stored off site at the end of the outdoor dining season; lighting shall be turned off at the end of each day.
CGS Section 8-24 Referral, DOT Acquisition of Property for Major Intersection Improvements on US 202/Route 10 and Route 20 and Route 189
Kenyon addressed the commission. The State of Connecticut is acquiring property as part of the intersection improvement project at U.S. 202/Route 10 at Route 10 and Route 189. Two town-owned properties will be affected by the project when the road is widened. The first property is 4 North Granby Road. The state proposes to acquire 1,227 square feet.
The second property is 3 East Granby Road, the Town Green. The state proposes to acquire 3,487 square feet. She stated under Connecticut General Statutes Section 8-24, prior to the sale of any town property, it must be referred to the Planning & Zoning Commission for a report. The Board of Selectmen referred this to the commission at its meeting on Oct. 19. Answering Lukingbeal’s question, Kenyon stated some trees will be removed as part of the project; however, the DOT will plant new trees and the town will work with DOT on the landscaping plan. Lockwood stated the plan overall benefits the town and the intersection improvement is consistent with the Plan of Conservation and Development.
On A Motionby Chinni, and seconded by Boardman, the commission voted (7-0-0) to move that the Planning & Zoning Commission, pursuant to the provisions of Section 8-24 of the General Statutes of Connecticut, recommend approval of the 4 North Granby Road and 3 East Granby Road property acquisition by DOT for the intersection improvement project.
Staff Report and Correspondence
Kenyon announced Joel Skilton is the new Building Official and Zoning Enforcement Officer.
Commissioner Reports and Correspondence
Lockwood and Kenyon completed the letter in support of the grant application for the Community Connectivity Grant program for infrastructure improvements for bicyclists and pedestrians.
Kenyon spoke with Maple View Farm’s owner regarding music and special events. Kenyon reminded the owner per the Special Permit approval town staff must be contacted if a large crowd is anticipated to attend a special event and there is a limit to the number of special events permitted each year. The owner stated she was aware of these conditions.
November 10, 2020
Present: Mark Lockwood, Margaret Chapple, Jonathan Boardman, Paula Johnson, Eric Myers, Matthew Peters, Brennan Sheahan. Also, Abigail Kenyon, Director of Community Development.
Seating of Alternates
Johnson and Peters were seated for Christine Chinni and Eric Lukingbeal.
Minutes
On A Motionby Chapple, seconded by Myers, the commission voted (5-0-2) to approve the minutes of Oct. 27 with a grammatical correction, on the third page, first paragraph, the sentence should read, “The elevated deck and pergola will be 16 feet..” Johnson and Peters abstained.
Public Hearing
Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 10 Fawn Drive, R30 Zone. File Z-27-20.
Nicholas and Coreen Faraco, parents of the owner of 10 Fawn Drive, were present to address the commission. Faraco is applying for a Special Permit for an attached accessory apartment at 10 Fawn Drive. He proposes to construct an addition to the west side of the house for the accessory apartment. Kenyon noted the addition will be 1,600 square feet total, including a garage, porch, and 945 square foot apartment. The apartment will have a kitchen, living room, bedroom and one bathroom. She added the plot plan submitted meets setback requirements.
Answering commission members’ questions, Faraco stated there is ample parking, there is access to the main house from the proposed apartment, the main entrance is through a screen porch located to the front of the house, and there is an egress to the backyard. No deck is proposed. The applicant acknowledged the property owner will live on the premises. The commission agreed this application is straight forward and complies with the Zoning Regulations.
The hearing was opened for public comment at 7:10 p.m.
Steve Lynch, 12 Fawn Drive, asked if side property setback is 20 or 25 feet. Kenyon answered the side yard setback is 20 feet.
The public hearing closed at 7:12 p.m. The commission has 65 days to render its decision plus any extension as granted by Executive Order.
Receive applications and set public hearings
Application seeking a Special Permit under Zoning Regulations Section 3.12.1 for a multi-family use, apartments, for property located at 17 Hartford Avenue, COCE Zone. File Z-28-20
Application seeking a Special Permit under Zoning Regulations Sections 3.5.2.1 and 8.21 for expansion of a restaurant in the Aquifer Protection Overlay Zone, for property located at 9 Mill Pond Drive, Tiger Belly, C2 Zone. File Z-29-20.
The above applications are set for public hearing on Nov. 24.
Consideration of above applications, where the commission has concluded the public hearing
Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 10 Fawn Drive, R30 Zone. File Z-27-20.
On A Motionby Myers, seconded by Johnson, 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 10 Fawn Drive, R30 Zone, as proposed.
Staff Report and Correspondence
Kenyon stated excavation work has begun at 100 Wells Road. The applicant has 60 days to finish the work. Staff will monitor the progress. She also stated tree clearing and grading has started for the proposed self-storage facility at 508 and 514 Salmon Brook Street. The work will continue through the winter.
Myers asked Kenyon if there have been noise complaints regarding the outdoor entertainment the commission recently approved in Granby Center. Kenyon stated since the last meeting there has been one complaint. She is working with the Police Department to create a process to measure sound levels.
Kenyon will schedule a meeting with the committee to examine the Farm Store Zoning Regulations.
Commissioner Reports and Correspondence
Lockwood noted the Governor has extended the Executive Order for outdoor dining. Kenyon added the Fire Marshal is working with restaurants to ensure if they decide to use tents to extend the outdoor dining season, the tents on site are properly permitted. He also sent updated restaurant guidelines he received from the State of Connecticut to all impacted establishments. Kenyon concluded a few restaurants need to update the town if they will be using tents or outdoor heating.
Respectfully submitted,
Patricia Tappenden, Recording Secretary