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October 12, 2021

Present: Mark Lockwood, Margaret Chapple, Christine Chinni, Eric Lukingbeal. Also present: alternate Matthew Peters; Abigail Kenyon, Director of Community Development

Lockwood called the meeting to order at 7 p.m.

Matthew Peters was seated as an alternate.

The commission voted (4-0-1) to approve the minutes of Sept. 28. Peters abstained.

Public Hearings

• Application seeking to modify a Special Permit for an existing farm store under Zoning Regulations Section 8.15.17 to allow indoor and outdoor music/entertainment and to change hours of operation, for property located at 29 Bushy Hill Road, R50 Zone. File Z-24-21.

The public hearing is postponed to Nov. 9.

• Application seeking a Special permit under Zoning Regulations Section 9 for earth excava- tion to remove 700,000 yards of material, for property located at 67, 87 and 95B Notch Road, R50 Zone File Z-23-21.

The applicant, Hal Pierce, explained Pierce Builders has been hired by the property owners, Tilcon and Notch Road Properties, LLC, to remove sand from 67, 87 and 95B Notch Road and replace with top soil, preparing the properties for farming when completed. The proposed hours of operation would be from 7 a.m. to 4 p.m., Monday through Friday, with no work on federal holidays. The project would take five years and the plan is to complete it in phases. All materials within one phase would be completely removed and the work area stabilized before moving to the next phase.

The hearing was open for public comment at 7:14 p.m.

Mark Alex, 65 Notch Road; Judy Koonz, 95R Notch Road; and Jason and Courtney Landheer, 69 Notch Road, raised multiple concerns including effect of blasting on their properties if ledge is found; the effect of the activities on existing wells and the risks to groundwater; excessive dust during the operation; loss of wildlife habitat; heavy machinery noise; increased traffic; safety of children; and the overall impact of activities on quality of life.

Pierce said there would not be any blasting, there would not be an impact on the water table as excavation activities will be at a higher elevation than where groundwater is located, Notch Road would not be used as all traffic will be on a temporary haul road which will be restored once all phases are complete, water trucks will be on-site for dust control, the equipment that will be used is very quiet with back-up alarm noise minimized, and trees will not be removed near Notch Road.

David Guarco, owner of the property reminded the public the end-use will be farming.

The public hearing closed at 7:32 p.m.

Kenyon will draft a list of conditions for the commission’s consideration at their next meeting.

Staff Report and Correspondence

Kenyon stated the newly adopted Farm Store and Agritourism Regulations are included in the commission’s packet for their reference.

Kenyon outlined five areas the commission will have to discuss in the near future and consider changes to the Zoning Regulations: the square footage of multi-family units; accessory apartments; outdoor dining; recreational cannabis and parking space requirements. The commission will discuss outdoor dining in January.

The meeting adjourned at 7:50 PM.

Respectfully submitted,

Patricia Tappenden, Recording Secretary

October 26, 2021

Present: Margaret Chapple, Christine Chinni, Eric Myers, and Brennan Sheahan. Also present: alternates Paula Johnson and Matthew Peters, and Abby Kenyon, Director of Community Development

Chapple called the meeting to order at 7 p.m.

Johnson and Peters were seated as alternates.

The commission voted 3-0-3 to approve the minutes of Oct .12. Johnson, Myers and Sheahan abstained.

Public Hearings

• Application seeking a Special Permit under Zoning Regulations Section for a garage in excess of 1,000 feet, for property located at 8 Duncaster Circle, R50 Zone. File Z-25-21.
Christopher Jerin, the property owner, explained he would like to construct a 1,152 square foot, three-bay garage on his property. The garage will be a Morton building and is designed to be compatible with the surrounding area. There will be lights over each garage bay and a light over the side entry door. Jerin stated the garage will be for personal use. The hearing was open for public comment at 7:06 p.m.

John Orszulak, 157 Wells Road, spoke in favor of the application. The public hearing closed at 7:07 p.m.

The commission voted 6-0-0 to approve the Special Permit as proposed.

• Application seeking a Special Permit under Zoning Regulations Sections 8.6.13 and 8.6.14 for illuminated building and freestanding signs and signs that exceed the maximum square footage allowed, for property located at 12 East Granby Road, Westfield Bank, CC Zone. File Z-26-21.
Lynda Laureano and Lawrin Rosen, representatives from ArtFX Signs, the applicant, presented a unified sign plan for Westfield Bank, 12 East Granby Road to install a 21-square foot freestanding sign in the front of the property, two additional 6-square feet freestanding directional/incidental signs on the site, and two building signs, one on the front and one on the rear of the building, that are 45 square feet and 17 square feet respectively. Special Permit approval is required because these signs exceed what is allowed under the Zoning Regulations in terms of size, type and illumination.

The hearing was open for public comment at 8:05 p.m.

Jennifer Craver and Jim Leitao, 10 Hungary Road, stated they own the property that directly abuts the Westfield Bank to the north. They are concerned about the lighting in the back of the building and the lack of landscaping.

Kenyon responded that the property will be inspected before a Certificate of Occupancy is granted and all landscaping must be completed according to the approved site plan. Craver will follow up with the Community Development office to submit photos and other information for the next review of the application.

Eric Mainardi, 2 Park Place, encouraged the commission to address the concerns of the neighboring residents and find a balance between the commercial and residential properties in the center of town.

The commission asked the applicant to present revised designs for the freestanding sign and the support columns at the next meeting. The public hearing was continued until Nov. 9.
• Consideration of an application seeking a Special Permit under Zoning Regulations Section 9 for earth excavation to remove 700,000 yards of material, for property located at 67, 87 and 95B Notch Road, R50 Zone. File Z-23-21.

The commission voted 6-0-0 to approve the Special Permit subject to the following:

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.
All trucks shall use the temporary haul road shown on the plan. There shall be no use of Notch Road. This shall not apply to the removal of building materials, building debris, farming equipment or other materials not related to this earth removal project

The operating hours are from 8 a.m. to 4 p.m., Monday through Friday, excluding state and federal holidays. 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.
There shall be no blasting on the site.

The haul road shall be temporary. Once the excavation activities are completed and the site restored, the haul road shall be restored with topsoil and seeded so that it matches the surrounding area.

Dust shall be controlled at all times through the use of water trucks and/or by other means as may be necessary.

All trucks and equipment used on the site shall be up-to-date with Federal, State, and Local Regulations to reduce noise and emissions.

The Director of Community Development shall be notified when excavation activities are to start on a particular phase and when the phase is completed. Excavation on the next phase may not begin until the prior phase is complete, which shall mean final grading is complete, topsoil spread, and the area seeded, as allowed based on the season and weather conditions.
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 applicant shall reimburse the Town of Granby for all payments made to the Town Engineer for overseeing this project at a rate of $120 per hour. The applicant shall deposit with the Town of Granby the sum of $3,000 to be 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.
The applicant shall file with the Town of Granby a $30,000 cash bond to assure installation and maintenance of erosion and sediment control measures during the project.

The applicant shall file with the Town of Granby a $171,412.50 performance bond to assure that the proposed excavation and removal will be undertaken as approved and to assure that the site will be fully restored as outlined within the plans.

Any violation of these conditions of approval may be grounds for an immediate halt to the operation.

Prior to the removal of any material from the site, payment for the Town Engineer, the erosion and sediment control bond and the performance bond must be submitted to the Town and mylar copies of the complete map documents shall be signed by the Commission and filed in the Office of the Granby Town Clerk.

This approval shall expire on Oct. 26, 2023.

The meeting was adjourned at 8:32 p.m.

Respectfully submitted,

Betsy Mazzotta, Recording Secretary