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Hearing on 9-15 Albany to continue Jan. 19

By John Fitts

Staff Writer

CANTON ­— The Canton Planning and Zoning Commission is slated to continue its public hearing for proposed earthwork and grading activities at 9-15 Albany Turnpike on Jan. 19.

The 26-acre property, which contains a prominent traprock ridge, has been the subject of much controversy over the past year plus. In June of 2021, after a long and complex series of hearings, the Canton commission denied a proposal for an EV showroom, convenience store and fueling station at the site. While most of the acreage on the parcels is in Simsbury, much of that development would have been in Canton. The commission’s main reason for denial was that the project – which proposed removing as much as 118,450 cubic yards of material, mainly from the traprock ridge, – did not strike the balance between development and natural resource preservation noted in the town’s Plan of Conservation and Development.

The development team for principal property owner, Litchfield based developer Mark Greenberg of 9-15 Albany Turnpike, LLC, has more recently filed for earthwork and grading on the property, which they contend could support an access way on the property some time in the future.

The plans call for the removal of 17,659 cubic yards of material – or more than 22,957 tons – or 957 truckloads - of material from the site. Approximately 13,000 cubic yards of that would take place in Canton.

The application estimates a site work period of some 300 days, with approximately 90 estimated for material removal.

“Blasting will not occur daily for consecutive weeks, but rather as required, to include intermittent time for standard excavation and handling of materials such as sorting, stockpiling, and exporting,” the application states. “For the purposes of this project, we assume two to three blasts will take place per month during rock removal activities. Assuming 90 days of construction are dedicated to the export of material throughout the twelve-month construction period, an average of approximately 10-11 trucks per day will be entering and be exiting the site, on days that export operations occur.”

While the development team has noted the potential for some type of multi-family housing in Simsbury, the latest application, they said, does not include a formal request for a “use.”


The applicant team speaks

At the opening of a public hearing, Jan. 5, both Kevin Solli of Solli Engineering and attorney Timothy M. Herbst of Marino, Zabel & Schellenberg, addressed the commission on the plan.

“We maintain and Mr. Solli will opine, that the proposed earthwork operations on this site are the first necessary step that will be required to prepare this site for future development,” said Herbst, who noted that while the public and commission members were wondering what would eventually go on the site that question would be answered later, with review by agencies in Simsbury and Canton and the state Department of Transportation.

“So, in essence, you are going to be having land use and regulatory bodies, advisory bodies, in not one but two municipalities and a state regulatory agency providing several, several layers of review with what will happen in the future use of this property. Tonight, this application is the first step in that process.”

Herbst maintained that the site plan filed, absent a definition in the town’s regulations, conforms to the definition of one laid out in Black’s Law Dictionary and the development team contends the plan is responsive and conforms to the town’s earthwork and grading section of its zoning regulations.

“Previous applications included proposal for uses and buildings and a substantial amount of earthwork along the corridor within this area,” Solli said. “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.”

Solli said the application is “straightforward and simple,” and he has indicated that work would commence once a complete plan in place.

During the meeting, Herbst noted use of language such as “any lot” in earthwork and grading and “use or activity” in many of the special permit criteria.


Selected commission questions

But the application could be facing an uphill battle with the commission. In the months leading up to the hearing, during which one application was withdrawn and a similar one filed and hearing dates were delayed due to legal notice and other issues, there has already been much correspondence over land use issues, such as what constitutes a “use” and whether one is required for the earthwork and grading, which would include blasting.

On Jan. 5, in questions to the applicant team, commission members noted, in their views, many potential issues with the application, such as the concept that earthwork and grading is an accessory element in zoning, that special permit criteria cannot be fully evaluated when the full impact of the activity is not known, and that the plan might not align with the town’s form-based Village District code that encompasses the site.

Chairman Jonathan Thiesse noted, for example, the Sept. 23, 2021 memo from the commission’s attorney Kenneth R. Slater, Jr. of Halloran Sage, which said, in part, “under Canton Zoning Regulation, as is the case with any permissive zoning scheme, any improvement of property must be related to a use that is permitted in the zone. Driveways and roads are not an independent use authorized under the Zoning Regulations but are, instead, authorized accessory improvements related to a principal use.”

While Herbst reiterated his point that the application is not seeking a use, Thiesse noted some difficulty viewing the regulations in the same way as the applicants. He also asked how the commission could evaluate special permit criteria, such as one section that speaks to suitable transportation conditions on town roads – noting that any future access road would connect to Brass Lantern Road – when the full impact was unknown.

Also, since a future site plan application could simply involve administrative approval, approving the earthwork and grading plan might essentially allow the developers to sidestep such special permit evaluation, some commissioners said.

“Those parts of our site plan criteria that are associated with use would essentially be sidestepped or bypassed by this process if we were to approve this just based on the application that’s submitted and the interpretation [the development team] is asking us to take here,” Thiesse said.

Commissioner Michael Vogel also asked the applicant about the special permit criteria, which he said “to some extent is a discretionary cost-benefit analysis.”

“We would have to look at the costs and benefits of this proposal in evaluating the special permit criteria and my concern or my question is if your position is that you’re not proposing a use as part of this application, how are we able to evaluate the benefits of this proposal and how are we able to evaluate the special permit criteria?”

While Herbst began the meeting touting the Plan of Conservation and Development’s, which notes the need for economic development, and its identification of the property as an opportunity site, some commission members also felt that the proposed grading and the inclusion of a retention pond near the front of the property and some of the grading features take up much of the flat land, reducing development potential under the form-base code.

“It seems to me that everything’s that being proposed here is actually reducing the potential for future development on this site,” Thiesse said.

At another point in the meeting, commission member Elizabeth Vinick circled back to one special permit criteria #4 which covers “suitable location for use with respect to” areas such as lot size, activity intensity, harmony with areas streets and neighborhood impact.

“I specifically wanted to understand how this discussion that we’ve been having ties back there and more specifically how the nature and intensity of the activities proposed in connection with the use is able to be evaluated at this time.”

“So, I would take the position commissioner that you can’t’ look at 4 in isolation. You have to look at all nine and you have to have the discretion under your standards to use all nine to determine the viability of an application,” said Herbst, who also pointed out the that the other criteria uses wording of “use or activity.”

Herbst contended the commission was too focused on the future when the application meets the standards, also saying the special permit criteria, when viewed in totality, is also met.

“Based on what I have indicated to the commission on the record, what Mr. Solli has indicated to the commission on the record, when you look at all nine standards in total, I believe we have more than met our burden of demonstrating that we meet the criteria set forth.”

At other points in the meeting, he alleged the comments of the commission and other comments by town officials outside of the proceedings potentially compromised his client’s “fundamental fairness.”

Another question from commission alternate Aimee Hoben referenced the controversy over the viewspace coming into Canton that would have been greatly altered under the EV proposal.

“That view, the rock traveling east to west is not proposed to be touched or manipulated in any way shape or form as part of this application,” Solli said.

“From my perspective that’s a really positive change from this application as compared to the last one and I think that it certainly does reduce the intensity of what’s being proposed in a favorable way,” Hoben said. “I think the thing that we’re all struggling with is it sort of feels like we’re not being provided a complete picture of what’s being proposed. From my perspective, conceptually I feel that if an application were brought forward to put a road in in a way as you’re proposing now which did not impact this gateway into Canton and it was a residential subdivision which was favorably received by Simsbury, I would personally be inclined toward favorably considering that. I think the commission’s being put in a very hard position.”


Further concerns

In his comments to the commission, Neil Pade, the town’s director of Planning and Community Development, said he had a better understanding of the applicant’s approach after hearing their presentation, and noted that the question of access was a true “threshold” for the developer. But Pade also raised several concerns with the development team’s interpretation of the regulations, the POCD and more. He reiterated some of them in a staff memo prepared for the Jan. 19 meeting, stating in part, “Staff does not find the separation of the site development plan into phases, such as starting with just a grading plan, is an advisable approach as it raises more questions than answers and does not lead to a determination of compliance. In the construction of the Canton Zoning Regulations grading is an accessory element of the site development submission and review process. Full site plan review and approval is required as part of the special permit evaluation. The evaluation of the proposal under the Village District the property is located in is also required. The November 15th, 2021 staff memorandum explains the construction of the regulations relative to Site Development Plans and Site Development Plan Applications. The regulations make it explicitly clear what constitutes a site plan and site plan application, when one is required, and what they entail within the Town of Canton.”


Public Comment

Several members of the public have written in opposition of the project and the Metropolitan District Commission has written, as it did in the EV application, expressing concern about its water main in Route 44.

Additionally several members of the public also had the chance to speak at the Jan. 5 meeting, which last three and a half hours.

“I’m concerned by the developer’s refusal to state the intended use of the proposed grading and access road,” said Canton resident Hayley Kolding. “They claim that use is irrelevant but our own town regulations represent our town character, our values, our health, our wellbeing and this development, in my perspective, threatens all of those. I followed Mr. Herbst and asked myself what might be the merits of this proposal, while it offers to mar a beloved and ecologically important resource with no regard to public health. In that sense I suppose I would agree with Mr. Herbst that the proposal is useless. “

Susan Masino of West Simsbury also spoke, stating, “I really want to second the idea of perhaps the ridge could be preserved and there could be appropriate development on route 44 and I think that would be the best of all options because being allowed to develop Route 44 appropriately is what I would consider fundamental fairness. Being allowed to blast an access road in an imperiled habitat I don’t think is fundamental fairness to assume that should be a property right. I think that appropriate development on 44 would have a lot of merits. Developing a ridge and what is considered imperiled habitat type in Connecticut would have a lot of demerits.”


Hearing continued

The commission kept the public hearing open, specifically to accept a planned technical review of the application and to take comments on that or any other new information presented. The virtual meeting is slated for 7 p.m. Jan. 19. That evening the commission will also hold a hearing on its Affordable Housing plan. More information and a video of the 3 and a half hour meeting, can be found at https://townofcantonct.org/agendas-minutes-meetings

Those who want to review documents in depth can find the meeting packets for commission members section of the page, click on 2022 and the appropriate date.




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Valley Happenings

UPDATED:

Fighting Cancer Pasta Dinner:

Benefit for Avon Volunteer Fire Department

Deputy Chief Dave Theriault

Sunday, February 23, 2025, 3:00-7:00 p.m. 

Farmington Polo Club, 162 Town Farm Road, Farmington

 

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. Cheese and crackers from 3:00-4:00 p.m., buffet from 4:00-6:00 p.m., and coffee and dessert from 6:00-7:00 p.m. 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 online at www.HometownFoundation.org 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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