GRANBY PLANNING & ZONING MEETING HIGHLIGHTS

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September 14, 2021

Present: Mark Lockwood, Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers, Brennan Sheahan. Also present: alternates, Paula Johnson and Matthew Peters; Abigail Kenyon, Director of Community Development

Johnson was seated for Margaret Chapple

The Commission voted (6-0-1) to approve the minutes of July 27, Lockwood abstained.

The Commission voted (5-0-2) to approve the special meeting minutes of Aug. 24, Boardman and Johnson abstained.

Public Hearings

Application seeking a Special Permit under Zoning Regulations 8.16.10 for outdoor dining for property located at 357 Salmon Brook Street, Cambridge House Brew Pub. File Z-10-21.

Scott Riley, owner of 357 Salmon Brook Street, would like to install a paver patio in the lawn area to the rear of the building. The proposed patio areas are within the wetlands regulated area and the Inland Wetlands and Watercourses Commission reviewed and approved the application. There were no public comments.

Application seeking a site plan modification under Zoning Regulations Section 4.0 to construct a maintenance building, pool, clubhouse and associated improvements for property located at 2 and 3 Murtha’s Way, The Grand, T1 and PDM Zones. File Z-19-21.

Reggie Kronstadt, Krown Point Capital LLC representing the owner, and Tom Daly, SLR Consulting, were present. Daly noted the commission recently approved Special Permit and site plan modifications for this property to convert single family homes to duplexes. The site plan approved included the removal of the clubhouse and pool that were originally shown to serve the single-family homes. Upon review, the owner felt it important to offer these amenities and now requests re-approval of the pool and clubhouse area at 2 Murtha’s Way and a maintenance building is also needed, which will be located on 3 Murtha’s Way.

Staff reviewed the site plan and issued comments in August. All concerns and questions by the Community Development Department were addressed. The Town Engineer has not yet had an opportunity to review these revised plans.

Public comments

Joan and David Belle, 4 Woodland Place, have concerns about the construction and number of units that could be constructed on the site. Kronstadt stated construction is scheduled to begin at the end of September and no additional units, other than those already approved, are being added.

Application seeking a Special Permit and site plan modification under Zoning Regulations Section 3.5.4.3 for a small engine repair service with outside storage, for property located at 369 North Granby Road, C2 Zone. File Z-20-21.

Brian Guarco, property owner 369 North Granby Road, described the property’s structures: a single-family home, garage that was formerly Shaw’s Garage and a barn. A small engine repair business with outdoor storage is proposed in the former Shaw’s Garage building. Guarco stated two site modifications are proposed, including a gravel parking space located to the north of the building and the installation of a 6-foot chain link fence behind the building. The fenced area will be used for the outdoor storage. The existing lawn in the enclosure will remain. All repair work would be done inside the building. There were no comments from the public.

Application seeking an amendment to Zoning Regulations Sections 1.4 Definitions, 2.9 Temporary and Conditional Permits for special events, 8.15.17 Farm Stores, Limited Farm Stores and Agritourism, including events and entertainment, and 10.1 Enforcement and Penalties. File Z-14-21. (Public hearing opened July 27, 2021)

Boardman recused himself, Peters was seated.

Kenyon reviewed changes to Section 8.15.17.6.5 Agricultural Events with music or live entertainment. There were concerns that the proposed language is too subjective. Kenyon will revise the regulation and will present a revised draft at the next meeting.

Public comments

Beth Jenkins and John Jenkins, 62 Lost Acres Road, have concerns regarding music and noise. The public hearing shall remain open.

Boardman was seated for Peters.

Receive applications and set public hearing

Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 10 Silver Brook Lane, R2A Zone. File Z-21-21 is scheduled for public hearing on Sept. 28.

Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 227 Hungary Road, R50 Zone. File Z-22-21 is scheduled for public hearing on Sept. 28.

Application seeking a Special Permit under Zoning Regulations Section 9 for earth excavation to remove 700,000 yards of material, for property located at 67, 87 and 95B Notch Road, R50 Zone. File Z-23-21 is scheduled for public hearing on Oct. 12.

Kenyon reported an application seeking to modify a Special Permit for an existing farm store under Zoning Regulations Section 8.15.17 to allow indoor and outdoor music/entertainment and to change hours of operation, for property located at 29 Bushy Hill Road, R50 Zone, has been submitted and is scheduled for public hearing on Oct. 12.

Request for 90-day extension to file the subdivision mylars, 76 West Granby Road

Kenyon stated the applicant requests a 90-day extension for filing the subdivision mylars for 76 West Granby Road. The commission voted (7-0-0) to approve.

Consideration of applications where the commission has concluded the public hearing

The commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations 8.16.10 for outdoor dining for property located at 357 Salmon Brook Street, Cambridge House Brew Pub, File Z-10-21, as proposed.

The commission voted (7-0-0) to approve an application seeking a site plan modification to construct a maintenance building, pool, clubhouse and associated improvements for property located at 2 and 3 Murtha’s Way, The Grand, T1 and PDM Zones, File Z-19-21, subject to resolution of the Town Engineer comments in the memo dated Aug. 20.

The commission voted (7-0-0) to approve an application seeking a Special Permit and site plan modification under Zoning Regulations 3.5.4.3 for small engine repair service with outside storage, for property located at 369 North Granby Road, C2 Zone, File Z-20-21, as proposed.

Staff Report and Correspondence

Kenyon stated the Department of Transportation’s Granby Center intersection improvement project has begun with gas and water line relocation work. She also reported Griffin Road bridge is under construction and is scheduled to open later this fall.

An interested developer presented a plan for the Kearns School to the Board of Selectmen in August. The proposal is for a mixed-use development and includes property located at 137 Salmon Brook Street. It is anticipated the developer will be presenting a Letter of Intent to the Board of Selectmen for consideration.

September 28, 2021

Present: Mark Lockwood, Margaret Chapple, Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers, Brennan Sheahan. Also present: alternates, Paula Johnson and Matthew Peters; Abigail Kenyon, Director of Community Development

The commission voted (6-0-1) to approve the minutes of Sept. 14. Chapple abstained.

Public Hearings

Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 10 Silver Brook Lane, R2A Zone. File Z-21-21.

In 2012 the commission approved a Special Permit for an accessory apartment at this property. There was a condition that the apartment be eliminated when the property sold or the new owners apply for re-approval. As the new owner, Razvan Branisteanu, 10 Silver Brook Lane, is looking to transfer the Special Permit to himself. The accessory apartment is currently unoccupied and there have been no changes. Kenyon stated the apartment complies with Zoning Regulations Section 8.5. There were no public comments.

Application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 227 Hungary Road, R50 Zone. File Z-22-21.

James Milkey, 227 Hungary Road, explained the accessory apartment was built somewhere between 1965 and 1967. When Milkey contacted the Department of Public Works for a trash barrel for the unit, he was told the Town did not have a record of the apartment and Special Permit approval was needed. He added the property is their second home and they stay there most weekends. Their son currently occupies the main house and the accessory apartment is rented.

The commission discussed the residency requirement. As the intent of the regulation is to prevent both units from being rented, it was suggested a condition be added that only one unit may be rented so the other unit would be occupied by the property owner. There were no public comments.

Application seeking an amendment to Zoning Regulations Sections 1.4 Definitions, 2.9 Temporary and Conditional Permits for special events, 8.15.17 Farm Stores, Limited Farm Stores and Agritourism, including events and entertainment, and 10.1 Enforcement and Penalties. File Z-14-21. (Public hearing opened July 27, 2021)

Kenyon reviewed the changes made to the draft language since the last meeting. Specifically, provisions were added requiring site plan approval by the commission for any new farm store structures, a 60-decibel limit was added for music, and language to note the commission may assign a time limit to a Special Permit which includes music.

Public comment

Lockwood noted correspondence was received from Peggy Lareau.

Mark Fiorentino, representing Lost Acres Vineyard, emphasized a decibel limit was not necessary but if one is noted, it is recommended sound measurements are taken from the property line.

Kate Bogli, 198R Salmon Brook Street, asked the commission to consider how this regulation encourages agritourism.

Beth Jenkins, 62 Lost Acres Road, stated the 60-decibel limit is too high; music can negatively impact adjacent property owners and their enjoyment of their property; clearer definitions should be added to the regulation because it is too subjective in its current draft..

Jenkins read a letter of opposition submitted by Karin and Aage Senland, 14 Hampton Village Drive, who could not attend the meeting. They stated the music and noise from the center of town negatively impacts their quality of life.

Ken Kuhl, 80 Silkey Road, stated farms and farm events draw people to the area, noting Granby offers both peace and quiet and an exciting place to live.

Lukingbeal requested the public hearing remain open. He believes more information is necessary to finalize this regulation and he suggests looking at other town decibel levels and enforcement protocols. The rest of the commission was inclined to close the public hearing, stating enough information was available to render a decision. The commission voted (6-1-0) to close the Public Hearing. Lukingbeal opposed.

Consideration of applications where the commission has concluded the public hearing

The commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 10 Silver Brook Lane, R2A Zone. File Z-21-21.

The commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Section 8.5 for an accessory apartment for property located at 227 Hungary Road, R50 Zone with the condition that only one unit is permitted to be rented. File Z-22-21.

The commission voted (6-1-0) to approve an application seeking an amendment to Zoning Regulations Sections 1.4 Definitions, 2.9 Temporary and Conditional Permits for special events, 8.15.17 Farm Stores, Limited Farm Stores and Agritourism, including events and entertainment, and 10.1 Enforcement and Penalties with the following revisions: 1) Section 8.15.17.6.1 Site plan is required for new construction. The commission may modify or waive the requirements of Sections 4.1.3, 4.1.5, 4.2.3 and 4.2.5.  2) Remove the 60-decibel limit and replace with the proposed language, “will be able to hold a conversation without raising their voices” standard contained in the draft in all applicable sections. 3) Section 8.15.17.6.5 modify first bullet to include a requirement an application must be submitted to the Community Development Director for review and approval for any agricultural event. 4) Change all references from Community Development Department to Community Development Director. 5) Adoption of option 2 at the end of 8.15.17.7.2 adding word “negative” in front of the word “impacts”. File Z-14-21. Lukingbeal opposed.

Staff Report and Correspondence

Kenyon reported the newly formed Affordable Housing Committee held their first meeting.

Lockwood stated a new state law regarding new accessory apartments is forthcoming.

Respectfully submitted,

Patricia Tappenden, Recording Secretary