TOWN OF GRANBY PLANNING & ZONING MINUTES — JULY 9, 2019

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Present: Paula Johnson (Chairman), Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers, James Sansone and Brennan Sheahan. Also present was Abby Kenyon, Director of Community Development.

Seating of alternates: Christine Chinni and Brennan Sheahan were seated

Public Session – Items not on the agenda

Michael Fitzgerald, 25 Strawberry Fields, addressed the commission. Fitzgerald expressed concerns about 29 Bushy Hill Road, Clark Farms.

P. Johnson stated the application for 29 Bushy Hill Road will be heard at the Commission’s next meeting. As the public hearing has not yet opened and the applicant is not present, no comments pertaining to the application are to be made at this time.

Fitzgerald stated his comments are in regards to the Planning and Zoning Commission’s approval for a Special Permit modification granted on June 11, permitting Clark Farms to sell hard cider and wine. He went on to state homes in close proximity to the orchard will be affected by increased traffic and noise, which is contrary to the residential zone; the use will have a negative impact on the Aquifer Protection Overlay Zone; many neighbors contributed financially to purchase development rights and therefore have collective ownership; that the farm is going beyond basic farming; and the process was not transparent and adequate notice was not given. He believes the Planning and Zoning Commission did not ask enough relevant questions about safety issues, traffic, parking, excessive alcohol consumption, and manufacturing machinery. Fitzgerald would like to read the business plan for the farm and requests the commission rescind their decision of approving the modification of the Special Permit.

Action on the minutes of June 11

On a motion by James Sansone seconded by Eric Lukingbeal the commission voted (5-0-2) to approve the minutes of June 11. Sheahan and Chinni abstained.

Public Hearing

Application seeking a Special Permit under Zoning Regulations Sections 3.5.2.10 and 8.21.4 for personal service in the Aquifer Protection Overlay Zone, massage center, for property located at 345 Salmon Brook Street. 

The applicant, Raymond Huk, business manager of Happy Fingers Bodyworks, 345 Salmon Brook Street, addressed the commission along with business owner, Meng Wen Tang and a translator. The applicant proposes to open an aromatherapy massage business in the space formerly occupied by a game store. Huk explained this is an opportunity to be one of the first in the area to offer Chinese-culture related techniques that are difficult to find in western massage studios. In addition, the sale of aromatherapy oils will be offered. He explained Meng Wen Tang has a 400-hour training certificate in aromatherapy massage and several direct detoxification training certificates. The Commission questioned the training certificate that was provided and asked if other licenses are required for an aromatherapy massage business. It was noted the property is also located in the Aquifer Protection Overlay Zone; the use does not conflict with the provisions of the aquifer protection overlay zone regulations.

Kenyon stated no permitting or inspections are required from the Farmington Valley Health District. However building and sign permits would be needed. Kenyon said the building is mixed use, with commercial space on the first floor and a residential unit on the second floor. The proposed massage space is 900 square feet with a separate 420 square foot area consisting of storage and office space. There are 21 parking spaces on-site with additional room for parking adjacent to a separate commercial building.

In response to a question about hours of operation, Huk stated the majority of business will be scheduled appointments with hours of operation from 10 a.m. to 10 p.m. The Commission questioned the hours and interior remodeling that would be needed. Huk explained the majority of clients work 9 a.m. to 5 p.m. and offering later evening appointments captures this clientele after work. The space will be divided into a reception area, space for foot massages, and three private massage rooms. There was discussion of the exterior lighting and signage. Kenyon noted that any modifications to lighting would have to come back to the Commission for site plan review. Kenyon will investigate possible state licensing requirements for this type of business.

The Commission has 65 days to render its decision.

Application seeking to renew a Special Permit under Zoning Regulations Section 9 for earth excavation for Tilcon, Inc., for property located at 536 Salmon Brook Street.

Applicant, Kevin Johnson, Close, Jensen and Miller, P.C., addressed the commission. He presented a site plan for 536 Salmon Brook Street, noting stock pile locations, site access and proposed grading plan. The applicant comes before the commission every two years for renewal of the Special Permit as required by the previous approvals; the permit was last renewed in July of 2017 subject to a renewal of the bond and an update to the site map. The bond and map have been updated as required. Kenyon noted she met on-site with the applicant and the site appears to operate in accordance with the approved plan. Johnson stated that, Kevin Clark, town engineer, also reviewed the application and requested two minor adjustments, both of which have been resolved by the applicant. In response to a question about the future use of the property, Johnson stated a future residential use may be most likely. It was also noted most of the land that has been excavated has been reclaimed and they do not excavate below the water table. Christopher Costello, an employee of Tilcon, addressed a question raised by a member of the public regarding the life expectancy of this site. He stated that most of the sand goes to concrete making in East Granby with no end in sight.

The Commission has 65 days to render its decision.

Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 25 Notch Road. 

James Grogan addressed the commission. He seeks a Special Permit for an attached accessory apartment at 25 Notch Road. He stated this apartment had been added by the previous property owner without the town’s knowledge. The apartment is located to the rear of the home, above the attached garage and is 660 square feet with its own deck and outside entrance, kitchen and bathroom. The applicant stated he received approval from the Farmington Valley Health District and the apartment has been inspected by the building official. Kenyon noted the accessory apartment complies with Section 8.5 and the Special Permit will run with the property.

The public hearing closed at 7:49 PM. The Commission has 65 days to render its decision.

Receive application and set public hearing

Application seeking to modify a Special Permit for an existing farm store under Zoning Regulations Section 8.15.17 to allow special events for property located at 29 Bushy Hill Road. 

The above application has been scheduled for public hearing on July 23.

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

An application seeking a Special Permit under Zoning Regulations Sections 3.5.2.10 and 8.21.4 personal service in the Aquifer Protection Overlay Zone, massage center, for property located at 345 Salmon Brook Street.

Jonathan Boardman recused himself.

The commission agreed it would be good to see this building go to better use than its current state and it was noted this business would not have a negative impact on the Aquifer Protection Overlay Zone. The site is located adjacent to Salmon Brook Street and there is adequate parking for the use. However, there are outstanding questions with regards to licensing for this business and a floor plan is needed.

Consideration of the application will be continued to the July 23 meeting.

Application seeking to renew a Special Permit under Zoning Regulations Section 9 for earth excavation for Tilcon, Inc., for property located at 536 Salmon Brook Street. File Z-8-19

ON A MOTION by Eric Myers seconded by Christine Chinni, the commission voted to approve the renewal of a Special Permit under Zoning Regulations Section 9 for earth excavation for Tilcon, Inc., for property located at 536 Salmon Brook Street. (6-0-0)

Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 25 Notch Road.

ON A MOTION by Myers seconded by Boardman the commission voted to approve a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 25 Notch Road. (7-0-0)

Staff Reports and Correspondence

Kenyon said the drive-thru regulation has been drafted and maps have been completed showing possible locations for a drive-thru establishment based on the draft regulation. This will be discussed in September.

Commissioner Reports and Correspondence

Paula Johnson announced that Charles Kraiza has resigned from the commission.

Patricia Tappenden, Recording Secretary