PLANNING & ZONING HIGHLIGHTS

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May 14, 2024

Application seeking a Special Permit for an arcade, for property located at 518 Salmon Brook Street, Suite 4.

James Soldate of Next Level Arcade Gaming, LLC is seeking permission to operate an arcade in Suite 4, offering classic arcade games, modern video games and virtual reality experiences. Proposed hours of operation are Wednesday through Saturday, 12–9 p.m. and Sunday, 12–4 p.m. The space can also be used for birthday parties and other events. Pre-packaged snacks and drinks are available for purchase, and no alcoholic beverages will be offered. Abigail Kenyon, Director of Community Development, said this proposed use is considered a commercial, educational or recreational activity and therefore requires Special Permit approval. There are no concerns with the business as presented.

There was no public comment. Commission members asked if a condition should be added regarding the provision of alcohol. Since there are other regulations that pertain to the service of alcohol, and additionally a Special Permit would be required under Section 8.3, it was determined a condition was unnecessary. The commission unanimously approved the application.

Application seeking a Special Permit for a garage in excess of 1,000 square feet for property located at 279 Silver Street.

Derek Stiles is looking to construct a 32 ft x 32 ft detached garage with an additional 512 square foot loft space on the second floor. The proposed structure will be 35 feet from the nearest side property line, 145 feet from the street and will be in line with the existing paved driveway. Downward facing exterior lighting is proposed above the garage bays, along with a motion sensor light. The garage will provide additional storage space for vehicles, lawn equipment and a home office.

There was no public comment. The commission unanimously approved the application.

Commission review and discussion of proposed solar facility at 90 Salmon Brook Street and 35 Floydville Road

Kenyon provided project layout plans for the commission to review and provide feedback. Although the plans are not fully engineered, panel locations, setbacks, property lines, access roads, tree clearing and wetland resources areas are shown. Commission member Robert Lavitt expressed support for the proposed use and shared concerns regarding the screening of panels, light glare, proximity to the intersection and proper fencing to prevent trespassing. Christine Chinni and Eric Lukingbeal would like to see a comprehensive planting plan that provides screening in key locations, and Eric Myers discussed the carve-out of two properties at the intersection of Floydville Road and Salmon Brook Street for future economic development. Johnson addressed the proximity of the project to adjacent neighborhoods, such as Hunt Glen, and the need for adequate buffering.

May 28, 2024

Application seeking a Special Permit for a garage in excess of 600 square feet within 100 feet of the street line for property located at 133 Granville Road.

Property owners Susan and Craig Cody are looking to construct a 30×24 foot detached garage, 55 ft from the front property line. Zoning Regulations Section 8.1.3.3 requires special permit approval for accessory buildings that are over 600 square feet and within 100 feet of the street line. The structure will be located on the northern side of the house at the end of the existing driveway and be painted to match the house with three, downward facing lights. Due to the existing topography, excavation of the existing hillside is required. There was no public comment. The commission approved the application.

Application seeking a Special Permit for a restaurant serving alcoholic beverages, for property located at 10 Hartford Avenue, Unit D4.

Property owner Bob Schwartz, applicant Muamet Lena and operations manager Shawn Hartwell were present. The applicant would like to open a pizzeria within an existing 1,460 square foot vacant space previously occupied by an insurance agency. The restaurant would seat 16 and operate seven days a week, 11 a.m. to 9 p.m. with the potential for delivery in the future. Lena indicated that bottled/canned alcoholic beverages would be available for purchase. Commission staff indicated in a memorandum that in 1989 the commission approved a special permit for the site with the condition that the total restaurant area could not exceed 5,000 square feet and a maximum of three restaurants were approved. Any additional restaurant space would require special permit approval, which is why the application has been submitted for the commission’s review.

Schwartz said he spoke with Paine’s, Inc. regarding the additional waste and recycling that would be produced. Paine’s can accommodate the load or could increase pickup frequency using the existing dumpsters. Questions and concerns were raised regarding the number of parking spaces available and how current, as well as future businesses might be impacted.

Public Comment

Marty Schwager, 76 Hungary Road, spoke in favor of the application.

The commission approved the application subject to the following conditions: 1. Hours of operation within 11 a.m. to 11 p.m., seven days a week. 2. Tenant will use existing dumpsters with the express understanding that dumpsters will be emptied more frequently per week if needed. 3. Kenyon will have discretion to direct the applicant to increase frequency if applicable.

Application seeking a Special Permit for a 10 lot FRD re-subdivision, Cider Mill Heights, for property located at 604 Cider Lane.

The commission deliberated on the application, comments heard from the public and the applicant’s request to waive the full application fee. The commission approved subject to the following conditions: 1. All items listed as Staff Comments and Considerations contained in the May 23, 2024, memorandum from Kenyon to the Planning and Zoning Commission are hereby incorporated into this permit. 2. Approval contingent upon payment of the full application fee.

Staff Report and Correspondence

Kenyon said the town has issued an RFP for the lease or sale of 83 Salmon Brook Street [formerly Freshie’s Café] with a pre-bid meeting on June 6, and responses due by July 10.

June 11, 2024

Application seeking a Site Plan Modification for a 3,000 sq. ft. building addition, for property located at 557 Salmon Brook Street

Robert DeLuca of CLA Engineers, Inc. discussed the application, which proposes construction of a 3,000 square foot addition on the north side of the existing 6,000 square foot commercial building to expand its current operations. The addition would include garage doors accessing storage space, a pedestrian door accessing an office, and one wall-pack light located on the front of the building, and one located on the rear. The site is 1.4 acres within the C2 zone and serviced by a private well and septic system.

When P&Z approved the original site plan in 2003, an addition was shown in the same location but never constructed. DeLuca discussed on-site drainage, requested a waiver to keep the gravel area in front of the new addition, and provided an overview of the revisions made to the plans per staff comments. The Town Engineer has not reviewed the drainage calculations and outdoor storage will be addressed under a separate Special Permit application.

The Commission unanimously approved subject to the following:

Staff comments 1, 2, 4 and 5 in the memorandum from the Director of Community Development to P&Z dated June 7, 2024, are to be addressed to the satisfaction of staff and detailed on the site plan.

Staff comment #3 outlining the applicant’s request for a waiver for additional paving of the gravel area detailed in the plan is approved.

Approval is contingent upon final review of drainage plan and calculations by the Town Engineer and the applicant agreeing to address any comments or findings.

Item 6 is not included in the approval.

Application seeking a 1-lot subdivision for lot 1-20/66/37-2 (to be known as 200 Case Street, property adjacent to 186 Case Street to the south

Applicant Matt Reale of Brook View Developers discussed the application. The property is 20.07 acres in the R4A Zone is currently used for farming with one garage/barn structure located adjacent to Case Street. This property was previously part of 186 Case Street but through a first cut, was split off and is now a standalone piece. The applicant proposes to divide the 20.07 acres to create a 15.07-acre lot and a 5-acre lot. The 15.07-acre lot would include the current garage/barn structure and would continue to be used for farming, while a house would be constructed on the 5-acre lot. The shape of the proposed 5-acre lot appears to be a rear lot; however, the lot complies with the regulation for frontage, building square, etc. so it is not technically considered a rear lot.

To satisfy the open space requirement, the applicant proposes a fee-in-lieu of open space. An appraisal submitted for the property in April, indicated an appraised value of $160,000. Per the subdivision regulations, the Commission may accept a payment of 6 percent the fair market value of the land to be subdivided; therefore $9,600 would be the required fee-in-lieu payment. There are wetlands on the subject property but all proposed improvements are outside of any regulated area. Staff noted that revised plans were recently submitted and have not been reviewed.

Public Comment

Phillip LaPointe, 210 Case Street, has no objection to the application but expressed concerns regarding traffic, pedestrian safety and trash on Case Street.

Rosemary Powers, 12 Fielding Woods Road, sought clarification on the subdivision process as it pertains to this application and had questions regarding timber harvesting that is occurring in the area.

M. Reale clarified for the record that the timber harvesting, which received wetlands approval on May 8, 2024, is located at 142R and 186 Case Street, and is not part of this application.

The public hearing was continued to the next regular meeting on June 25.

Application seeking a site plan modification for expanded parking for a farm store for property located at 175 Barn Door Hills Road

Applicant and part-business owner Chris Peregrin was present to discuss the application. There are 14 parking spaces located adjacent to the farm store. When full, customers park on the road and in other areas of the property. To improve pedestrian safety and reduce traffic concerns, he is proposing to create an additional parking area with 30 spaces, south of the existing farm store in a grass field.

 There would be a separate entrance from Barn Door Hills Road which would require a driveway permit application and be subject to requirements of the Department of Public Works. To delineate the area, hedges and/or chains will be installed to prevent customers from traveling outside the approved area. The grass would remain; there would not be any gravel or pavement aside from the paved apron as required by Public Works. The commission discussed concerns with flooding and wear and tear of the lawn area.

Public Comment

Jacqueline Nyerick, 159 Barn Door Hills Road, expressed concerns with business expansion in a residential area and how increased traffic impacts the surrounding residents.

Receive applications and schedule public hearings:

Application seeking an amendment to Zoning Regulations Section 3.8 Industrial Zone to add Section 3.8.2.18 for Personal Service allowed by Special Permit

The above application has been scheduled for a public hearing on July 9, 2024.

Application seeking a Special Permit for a garage in excess of 1,000 square feet for property located at 200 Silver Street

Application scheduled for a public hearing on June 25, 2024

Application seeking a Special Permit modification for a Farm Store regarding hours of operation, for a property located at 175 Barn Door Hills Road

Application scheduled for a public hearing on June 25, 2024

Consideration of applications, where the Commission has concluded the public hearing:

Application seeking a site planmodification for expanded parking for a farm store for property located at 175 Barn Door Hills Road

The Commission deliberated, discussing concerns regarding traffic and potential impacts on adjacent property owners. There was a consensus of support as increased parking on-site would help alleviate traffic and congestion on the road, and the commission is pleased to see the business is thriving.

On A Motion by E. Myers seconded by R. Lavitt, the commission voted (7-0-0) to approve an application seeking a site plan modification for expanded parking for a farm store for property located at 175 Barn Door Hills Road, R2A Zone subject to the following:

Application approval contingent upon applicant applying for a Driveway Permit and paving an apron to be approved in size and design by the Building Department and Public Works staff.

Staff Report and Correspondence

Kenyon stated that the mandatory pre-bid meeting for 83 Salmon Brook Street occurred on June 6 and a second walk-thru is scheduled for Monday, June 17 at 9 a.m. She also noted that the town released an RFP for a Granby Center Master Plan with proposals due July 18.

Commissioner Reports and Correspondence

Lukingbeal mentioned the speed tables located on Case Street in Canton, and questioned if it could be an option for Granby to help alleviate traffic concerns.