minutes • Planning and Zoning Commission Meeting, April 10, 2018

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Public Session

Tom Vaughan, 183 Day Street, commented that he had two issues that he wanted to comment on. The first was to encourage the Commission to support the request for the relocation of Tim’s Automotive Shop to a 352 Salmon Brook Street that is in the Aquifer Protection Overlay Zone. He noted that due to modern technology, technical matters and risk management can be resolved. He also encourages all boards and commissions to help our local businesses and work with them. The second issue he commented on was the fact that two properties 170 North Granby Road and 107 East Street are also both located in this same Aquifer Protection Overlay Zone where chemicals have been applied regularly to the crops without monitoring. He asks that town boards and commissions send positive messages and be willing to review and modify regulations.

Glenn Ballard, 289 Granville Road requested that the PZC March 27, 2018 minutes, concerning the Special Permit for 292 Granville Road be changed to reflect his public comments expressing his disapproval and the adverse effects to his business [a B&B] if this application was approved. He also noted the sentence in the minutes that stated Scott was going to reside on one lot was incorrect. Chairman Johnson acknowledged that Ballard spoke at the March 27 meeting and encouraged him to attend the continuation of the public hearing April 24, 2018. Fran noted that the minutes are a general outline of the meeting and mainly for the actions. Fran also noted the sentence in the minutes that stated neighbors expressed concerns listed all public comments. The consensus of the commission was to include his letter as part of the record.

Anna Sogliuzzo, 15 Old Orchard Road, read a letter into the minutes expressing her anger and frustration that the Vaughan Family has been treated poorly through the entire 107 East Street RFP process. This proposal would have given Granby an economic boost, help reduce its debt and increase tax revenue. Sogliuzzo also stated that the Hayes longevity is admired and respected but that the commission is here to serve everyone regardless of how long you are in town.

The minutes of March 27, 2018 were reviewed.

On a motion by Margaret Chapple, seconded by Eric Myers, the commission voted (5-0-2) to approve the minutes of March 27, 2018 with the following correction: Page 2, paragraph 1, line 16, remove the sentence: He would build on one of the lots to be near his mother and the sale of the second lot would help to cover the costs of the improvements to site.

Public Hearings

The continuation of an application seeking approval of a Special Permit for an accessory apartment for property located at 31 Wells Road, was presented by Anna Sogliuzzo representing the applicant, Pam Stevens, stating the property is an active horse farm. At least one apartment has existed on the property for many years. When the current owners purchased the property years ago they were unaware that the apartments were not documented in the building files and that the apartments might be a violation of zoning. Katherine Slattery, 30 Wells Road, stated she is a proponent of the application and accessory apartment. She asked the board for clarification of the application. She stated that only one apartment is listed as taxable according to assessor’s records. She approves of one apartment and requested the existing upstairs apartment be removed. Her concern is not with the current owner but the precedent set for future owner/owners and the possibility a variety of renters might reside and operate on this property. She asked the commission to be very specific in their action on this matter and provide an assurance that only one apartment is approved. Other members of the public commented on the language and in support of the application.

The public hearing for an application seeking approval of a Special Permit for the selling and serving of alcoholic beverages for the Farmers Kitchen restaurant formerly ABC Pizza, located at 10 Hartford Avenue, James Chen, applicant is renovating the former ABC Pizza Restaurant. He would like to serve alcoholic beverages with meals at the new restaurant. The restaurant is not designed to be a bar, but meals can be served at a small counter area where patrons can be served. The restaurant will not employ a bartender and limited types of alcohol will be served. There was no public comment. The public hearing closed at 7:31 p.m.

The continuation of an application seeking approval of a Special Permit for a restaurant with alcoholic beverages and live entertainment for property at 261 Salmon Brook Street,  will be continued April 24, 2018. The public hearing opened March 27, 2018.

The continuation of an application seeking approval of a Special Permit for a rear lot subdivision with proposed excavation in excess of 5,000 cubic yards of earth material for property located at 292 Granville Road, will be continued April 24, 2018. The public hearing opened March 27, 2018.

Chairman Johnson introduced Abby Kenyon the new incoming Director of Community Development.

Continuation of Discussion and Consideration of proposals, submitted under a Request for Proposals—the Acquisition and Agricultural use of the Town of Granby, East Street Property as directed by Granby Board of Selectmen. One proposal will be considered.

The discussion is limited to the Proposal of House of Hayes LLC:

Chairman Johnson noted that the Westmeadow Farm proposal was not being considered at the request of Thomas Vaughan. Chairman Johnson expressed disappointment in the decision and felt that the proposal should have gone to a public vote. The consensus of the commission members was that they could not support a 25- year lease as proposed by the House of Hayes. The members did want to see the property kept in agriculture. Jim Sansone stated he doesn’t want to see the property sold. Jonathan Boardman stated the RFP was not followed. Charles Kraiza abstained from the discussion. The commission asks that the minutes reflect, for the Board of Selectmen, that the members do not support the House of Hayes proposal for a long-term lease (25 years), and that they would like to see the property preserved for agricultural use.

Christine Chinni, alternate commission member, stated she was very disappointed that Vaughan’s Westmeadow Farm proposal was not moving forward. She would have been a supporter of the proposal. She agrees with the consensus of the commission in regards to the House of Hayes proposal.

Members of the public did not support the proposed long-term lease, spoke against the use of herbicides on the property, felt that the RFP process was unfair and guidelines have not been met, expressed concern over the negativity that was created toward both the Hayes and Vaughan Families and pitting one family against another. The public also felt that the length of time someone lived in town shouldn’t matter and created a bias. The need for a new RFP was also mentioned.

Stephen Hayes, brother to Stanley Hayes, commented on the negativity that has been created against his family and the incorrect and untrue facts concerning their business. Hayes noted that a 25-year lease may not be desirable but farmers do need more than a year-to-year license to allow for the proper rotation of the crops or doing anything of value with the land.

Receive Application:

Application for Special Permit for a garage/barn in excess of 1,000 square feet for property at 2 Clemons Spring Road. Public hearing scheduled for May 14, 2018.

Set Public Hearing:

Application for Special Permit for a garage/barn in excess of 1,000 square feet for property located at 33 Strong Road, Public hearing scheduled for April 24, 2018.

Consideration of the above applications, where the commission has concluded the public hearing.

Approvals:

The commission held a brief discussion concerning the applications of 31 Wells Road and 10 Hartford Avenue.

On a motion by Margaret Chapple, seconded by Jonathan Boardman, the commission voted (6-1-0) to approve an application for a Special Permit for one accessory apartment for property located at 31 Wells Road, as proposed. The town files should clearly state that only one apartment is permitted. Jim Sansone opposed the motion.

On a motion by Eric Myers, seconded by Margaret Chapple, the commission voted (7-0-0) to approve an application for a Special Permit for the selling and serving of alcoholic beverage for the Farmers Kitchen Restaurant former ABC Pizza located at 10 Hartford Avenue, as proposed.

It was noted that both of the above applications were found to be in according to the Zoning Regulations.

Consideration of a request for 90-day extension to file the mylar copies of the maps for a 1 lot re-subdivision for property located at 33 Moose Horn Road.

On a motion by Eric Lukingbeal, seconded by Eric Myers, the Commission voted (7-0-0) to approve a request for a 90-day extension to file the mylars for a l lot re-subdivision for property located at 33 Moose Horn Road.

Informal Discussion:

The commission held a discussion with Tim Lyons, Tim’s Automotive, concerning the possible relocation of his business from 349 Salmon Brook Street to 352 Salmon Brook Street.

Both properties are in the Aquifer Protection Overlay Zone, which prohibits automotive repair facilities. Lyons stated the new building would have modern technology to protect against contamination. He noted that he has been in business for many years and has always followed sound environmental practices and will continue to do so. His current business location is being sold and he wants to stay in town if possible. The discussion centered on whether or not a special permit could adequately provide a proper review of such uses rather than an outright prohibition. It was noted that it was very unlikely that a public service well would ever be located in the area where Lyons would like to relocate. In areas where a public well is more likely to be established the commission would probably not look favorably on such a request.

Under the special permit process every such proposal would be individually scrutinized, based on the precise location and specific use. To move forward the Zoning Regulations would need to be amended to remove automotive service stations or similar use involving engine or body repairs (Section 8.21.9.5) from Section 8.21.9 Prohibited Uses. If such an amendment was adopted, then such a use could be permitted following the approval of a special permit, but only if the underlying zone allowed such a use. Lyons will decide whether or not to make an application for a zoning amendment.

Staff Reports:

Fran Armentano is retiring after 32 years as the Director of Community Development. He thanked the commission members and the citizens for the privilege of working on their behalf. Chairman Johnson thanked Fran for his many years of service and for the many contributions he brought to the town. Fran praised all the volunteers on the boards and commissions and expressed his great appreciation for all they do for our community. The town is lucky to have so many outstanding citizen volunteers serving the town.

Dorcus Forsyth is retiring after 28 years as the Recording Secretary. Chairman Johnson thanked her and extended her best wishes.

Commission Discussion

Chairman Johnson thanked both Fran and Dorcus again for their service. She also encouraged people to volunteer and get involved.

Jonathan Boardman inquired about the Peppermill Deli being closed and the delay of opening of the restaurant Olive and Garlic.

Jim Sansone commented on the existing foundation located at 37 Hartford Avenue.

Dorcus S. Forsyth, Recording Secretary