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Canton Commission denies latest application for 9-15 Albany Turnpike

By John Fitts

Staff Writer

CANTON – The Canton Planning and Zoning Commission on April 20 unanimously denied the latest application for 9-15 Albany Turnpike, contending the plan did not conform to the town's regulations.

Last year, a development team proposed - on behalf of principal property owner Mark Greenberg - an earthwork and grading plan for the export of approximately 17,659 cubic yards of material from the site – about 13,000 of which would be in the town of Canton – to potentially support future access.

The applicants contended that the activity was allowed under the town’s regulations as a “step” in the development plan for the site and said it was a responsible move following the June 2021 commission denial of a proposal for an EV showroom, convenience store and fueling station at the 26-acre site. While most of the acreage is in Simsbury, much of that EV development would have been in Canton. That plan involved extensive blasting of trap rock ridge and the development team contended this latest application was very responsive to concerns over that aspect and the commission's determination that the EV plan did not strike a balance of economic development and natural resource protection.

This time around, the development team said it was taking a more modest, responsible approach to first address the rights of the owner to access his property. At a January meeting Greenberg said that the likely scenario for the property would be a Cumberland Farms in Canton and residential housing and a restaurant in Simsbury and that he would commit that work would not take place until future, specific applications were in place. Those potential uses, however, were not a formal part of the submitted application.

“Previous applications included proposal for uses and buildings and a substantial amount of earthwork along the corridor within this area,” Kevin Solli of Solli Engineering said at the hearing opening Jan. 5. “This application is much more modest in its overall scope and proposal. To be clear, we are not proposing any uses as part of this application, we are not proposing the construction of any buildings as part of this application. We are simply proposing to conduct some earthwork on this property in order to create an access drive to reach and use the 18 acres of land in Simsbury, which will obviously be subject to additional permitting requirements in that town but as a first step we wanted to come to the town of Canton, and the Planning and Zoning Commission, to pursue the rights to do this minor earthwork operation on this property to accommodate a future potential driveway for a future use.”

However, the commission’s attorney, town staff and commission members raised several issues with the application, contending that the earthwork and grading section of the regulations did not allow for such an activity without a primary use, that the plan did not meet the town’s form based – or village district – requirements, was counter to sections of the Plan of Conservation and Development and was incomplete in numerous ways, including the lack of information to adequately evaluate special permit criteria triggered by the amount of proposed earth removal.

At a March 16 meeting, Commission chairman Jonathan Thiesse said the issues identified in a memo from Neil Pade, the town’s director of Planning and Community Development, were numerous.

"He identifies, by my count, over 90 instances of non-compliance with our regulations," said Thiesse.

During the hearings for the plan, the development team strongly disagreed with the idea that that a primary use was required.

As part of material submitted with the applicant’s final summation – after the hearing closed - Dr. Donald J. Poland, managing director planning and strategy at Goman & York, wrote in reference to zoning section 7.5, which covers earthwork and grading.

“Section 7.5 Earthwork and Grading does not state that such activity be associated with a permitted use,” Poland wrote. “In fact, Section 7.5.A. Purpose, states that ‘this section is intended to regulate …. public health and safety, to encourage the orderly development of the town and to provide for the restoration of property following any grading.’ In no way does the purpose of Section 7.5. state the use of property or that grading is regulated in solely in relation to use. This application for a grading permit clearly encourages the orderly development of the town.”

Commission attorney, Kenneth R. Slater of Halloran Sage, in an April 13 submittal, strongly disagreed and stood by his original Sept. 21 opinion that such grading was an accessory use and disputed the assertion that the grading section could stand on its own.

“Dr. Poland’s analysis depends on his erroneous conclusion that Section 7.5 D is an independent use category such that persons are entitled to undertake excavation activities completely unrelated to a principal permitted use. Based on that interpretation, quarrying would become a permitted use in the zone as an “activity: involving grading despite the fact that it is not contained in any of the list of uses permitted.” Among Slater’s other contentions is that “Zoning Regulations, like statutes, must be read as a cohesive whole.”

Slater also contends, among other points that it is clear “grading must be related to another permitted activity.”

Reached Thursday morning, Greenberg, said the commission made the wrong decision and said that development will eventually happen on the property.

"It doesn’t seem like anything I do is going to meet their pleasure. It’s pretty obvious. I think it was the wrong decision I think that the capability of getting a permit for excavation to the Simsbury line was perfectly valid. I did name uses. That seems to have been their issue - that there weren’t specific uses on a site plan. My attorney and my engineer made it very clear that they didn’t think it was necessary for this application, so we go back to the drawing board and put in another application. At some point in time, we will get an approval. If we don’t get an approval, essentially it will be considered a taking of my property. It’s really simple."

Asked specifically about an appeal. Greenberg said he hadn't ruled it out at some point but noted it was an expensive process.

"I don’t know what I’m doing to do on that. There’s no question that if there’s a next denial, I'll be appealing it, calling for a taking of the property for a very large sum of money because they’re not allowing me to develop in a proper manner but I’m not sure I’m going to bring an appeal on this or not, I don’t know. I haven’t decided.”

He did note some of the proposed uses he mentioned in the meetings were still on the table.

“I made it very clear, for instance at the meetings, that Cumberland Farms is in process of signing a lease. I made it clear. That’s one of the uses that I mentioned would be on the property based upon the discussions we made. We’re in the process of signing a lease right now. I’m expecting that the next approval request is going to be from Cumberland Farms.”

Greenberg also said that as of now his other plans include affordable housing on the Simsbury portion of the property, as well as for 15 Colonial Drive in Canton, for which he said he has a purchase option.

“We’re intending to provide a plan of affordable housing in both Canton and Simsbury, accessed by this driveway that was denied last night,” he said.

During the hearings at least one member of the public mentioned the idea of a group like the Land Trust purchasing all or part of the property.

"Never ever, ever going to happen," Greenberg said. "Why would I do that? Sell it to the Land Trust. First of all, the land trust doesn't have money to buy it. Number 2, I'm not donating it, so that’s never happening. I’m going to have this property until it’s properly developed in a very, very nice fashion. The people of Canton will be proud of what we do. I don’t build anything that I’m not proud of and that I wouldn’t be proud of putting on our web site. So, we’re going to do something we’re going to be proud of. Now, whether these 7 members agree with me? I don’t really care. We’re going to go ahead.”




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Valley Happenings

Fighting Cancer Pasta Dinner:

Benefit for Avon Volunteer Fire Department

Deputy Chief Dave Theriault

Saturday, February 22, 2025, 3:00-7:00 p.m. 

Avon Senior Center, 635 West Avon Road, Avon

AVFD Deputy Chief of Administration Dave Theriault is facing a tough battle against Stage 4 cancer. The AVFD, along with Tunxis Hose Co. No. 1 and the Farmington Fire Department, is holding a pasta dinner to help raise money for Chief Theriault’s medical expenses. In addition to delicious food, drinks, and camaraderie, the event will feature dozens of raffle prizes. Event tickets are $20 for adults and $10 for seniors and children under 10 years old. They can be purchased at the door or in advance at AVFD Headquarters, 25 Darling Drive, Avon (Mondays, 8:30 a.m.-8:30 p.m. and Tuesdays-Fridays, 8:30 a.m.-4:30 p.m.). Contributions can be made via Venmo @supportDave or by mail to the AVFD at 25 Darling Drive, Avon, CT 06001. 

Canton Community Health Fund Applications

Canton Community Health Fund, Inc. Opens 2025 Application Season, on March 1, 2025, for Canton Community Partner Grants & Canton Scholars Pursuing Careers in Healthcare or Public Safety Canton Community Health Fund, Inc. (CCHF), opens its grant and scholarship application season March 1. CCHF encourages State of CT certified non-profits serving the Canton community to apply for Community Partner grants. In addition, graduating high school seniors seeking higher education in healthcare or public safety are invited to apply for either a Dr. Diters Legacy Scholarship or a Pay It Forward Scholarship. Applications and informative Fact Sheets are available online at www.cantoncommunityhealthfund.org.  Community Partner Grant and Scholarship awards will be announced in June/2025.

 

Avon Library events

AVON –The following events are scheduled at Avon Free Public Library. The library is at Avon Library, 281 Country Club Road, Avon. All programs are in person except where noted. For more information on adult programs, contact Adult Services Reference Desk via avonref@avonctlibrary.info 860-673-9712 x 7203

• Antique Map Collecting 101, Saturday, Feb. 1 at 1 p.m. Registration is required: https://www.avonctlibrary.info/event/antique-map-collecting/

• Morning Book Club. Wednesday, Feb. 5 at 10:30 a.m., The Mystery Guest by Nita Prose, Registration is required: https://www.avonctlibrary.info/events/tag/morning-book-club/

• Meditation for Balance and Inner Contentment. (Virtual Event) Thursday, Feb. 6 at 7 pm.

• Eastern Coyotes in Connecticut (Virtual Event) Thursday, Feb. 13 at 6:30 p.m.

• Fashion and the First Lady (Virtual Event). Wednesday, Feb. 19 at 2 p.m.

• Hoop Skirts to Flappers: Eighty Years of Connecticut Fashion. Monday, Feb. 24 at 2 p.m.

• The Golden Age of Hollywood. (Virtual Event) Tuesday, March 4 at 2 pm.

 

Simsbury Lions Club

The Simsbury Lions Club is looking for people interested in volunteering and contributing to better our town. Our motto is “We serve,” and we do so by volunteering at local events and donating our proceeds to serving interests in our community.

If interested, please feel free to contact Sandy Kremer at Tprkremer@gmail.com or Philip Painchaud at painchaudp@gmail.com.”

 

Winter sowing workshop

The Farmington Land trust is hosting a winter sowing workshop focused on raising native plants. Make your own up-cycled greenhouse from a milk jug and prep some beneficial native plants for the coming growing season. Sunday, Feb 2 from 11a.m.-12:30 p.m. at the Farmington Senior Center. RSVP here: https://www.farmingtonlandtrust.org/event-details/winter-sowing-seminar-native-seed-planting

 

Wild Flowers from Spring to Fall

CANTON – The Cherry Brook Garden Club is hosting a lecture on “Following Our Wild Flowers from Spring to Fall” on Tuesday, Feb. 11, at 11 a.m. at the Canton Community Center, lower level, 40 Dyer Avenue. Steve Messier, Lichenologist and former Science teacher at Canton High School will discuss the topic. The lecture is open to the public. There is a $5 guest fee for non-members. Email questions to cherrybrookgardenclub@gmail.com.

 

‘Five Wishes’ at McLean

SIMSBURY – Join Kevin Baran, M.D., medical director, and the McLean Hospice Team for a special “McLean & Me Educational Series” presentation to learn how to talk about and record your wishes for care through the end of life, so those wishes can be understood and respected. The presentation will be held at McLean’s Garmany Performing Arts Center, 50 Sarah Lane, Simsbury, on Tuesday, Feb. 11, at 6 p.m. The presentation is free but an RSVP by Feb. 4 is required as seating is limited. A light dinner will be provided.

To register, visit McLeanCare.org/Events, email Margaret.Clark@McLeanCare.org, or call 860-658-3718.

 

‘Art Throb!’ Exhibit

Gallery on the Green presents “Art Throb!” Exhibit plus a Solo Exhibit by Kathi Packer Friday, Feb. 14 through Saturday, March 15. An opening reception is on Saturday, Feb. 15 from 6-8 p.m. and will include refreshments. The show and reception are free.

“Art Throb!” is a heartfelt Valentine’s Day celebration presented by the membership of Canton Artists’ Guild. The artists use a wide range of media including painting, prints, drawing, photography, sculpture, ceramics and mixed media to represent the emotional intensity, joy and complexity of love.

In the upstairs Gallery, Kathi Packer has a solo show, “Another Tale.”  Packer notes that a friend’s casual invitation to go on safari in 2008 substantially changed the direction of her artistic journey.The gallery is located near the intersection of Dowd Avenue and Route 44 at 5 Canton Green Road in Canton. Hours are Friday – Sunday, 1-5 pm. The main floor gallery is handicapped accessible.

Website: http://www.galleryonthegreen.org; Phone:  860-693-4102

 

TABLESCAPES fundraiser returns to benefit the new

Avon History Museum

AVON – The Avon Historical Society invites the public to its sixth TABLESCAPES event showcasing up to 30 creative and original table settings on Friday, March 14 and Saturday, March 15 at the historic North House, 1 Nod Road, Avon.

This event will feature themed table settings from local professional designers, florists, businesses, individuals, artists and others featuring fresh floral arrangements, centerpieces and accessories. Proceeds will benefit the installation of professionally curated exhibits in the new Avon History Museum scheduled to open on Friday, July 4, 2025.

Back by popular demand will be a “Table and Barware Tag Sale” on both days. Admission to TABLESCAPES includes the tag sale. Tickets are $20 each pre-sale and at the door. Tickets can be purchased online at www.avonhistoricalsociety.org or by calling Mary Harrop at 860-670-3225 before March 8.

Those interested in sponsorship opportunities can also call Harrop.

 

Alzheimer’s Support Group

FARMINGTON – Hearts, Hugs & Hope: An Alzheimer’s Support Group takes place Feb. 20, 2025, 6 p.m. at Farmington Station Assisted Living and Memory Care Community, 111 Scott Swamp Road, Farmington. Dealing with Alzheimer’s disease and related dementia isn’t easy, so it is helpful to share your concerns and personal experiences with others who completely understand what you’re going through. You will also learn about proven strategies to help you better care for your family member. This group is being offered both in person and via Zoom on the third Thursday of each month. If you plan to attend, contact Director of Compass Programming Katherine Jedynasty at kjedynasty@farmingtonslr.com.

 

Used book sale

AVON - A huge book sale will be held Feb. 28 and March 1 in St. Ann’s Church Hall, 289 Arch Road at Route 167.  Hours are Friday, 4 p.m. to 7 p.m. ($5 adult admission) and Saturday, 9 a.m. to 2 p.m. (no admission fee).

Thousands of books will be organized in separate sections, including Fiction, History, Biography, Politics, Children, Music, Cooking, Sports, Art, Vintage, and more!  A large selection of Children’s books will be available.  Fiction books will be divided by hardcover, paperback, and trade paperback and sorted alphabetically by author.  DVDs, CDs, books on CDs, Vinyl records, and puzzles will be available, also.  Most books will be $3 or less with vintage and specialty books priced higher.

 

Daisy Days: All-Girls Summer Day Camp Experience

FARMINGTON – Miss Porter’s School, a renowned institution with a legacy of empowering young women, is excited to announce the launch of Daisy Days, an all-new day camp for girls entering grades 3-5 this fall. Starting this summer, Daisy Days will offer a unique, joy-filled experience designed to spark creativity, build confidence, and inspire self-discovery in an empowering all-girls environment.

For additional details, visit pcgl.porters.org/daisy-days.

 

Artist demonstration

Avon Arts Association will hold a guest artist demonstration featuring  Granby artist Laura Eden on Tuesday, February 18 at  Avon Town Hall, 60 W. Main St., lower level, at 6:30 p.m. Ms. Eden will demonstrate egg tempera painting.

The demo is free and open to the public ($5 suggested donation). A workshop with Ms. Eden will be held at the same location in the Avon Room on Saturday, Feb. 22, 10-2 with  set up at 9:30. Fee: $45 for members, $55 for nonmembers). www.AvonArts.org

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