November 9, 2021
Present: Mark Lockwood, Margaret Chapple, Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers, Brennan Sheahan. Also, present, alternates, Paula Johnson and Matthew Peters, Director of Community Development Abigail Kenyon,
Considerations
The commission voted (7-0-0) to approve an application seeking a Special Permit under Zoning Regulations Sections 8.6.13 and 8.6.14 for illuminated building and freestanding signs and signs that exceed the maximum square footage allowed, 12 East Granby Road, Westfield Bank, CC Zone, with the following conditions: the freestanding monument sign Option 1 is approved; all other signs and proposed illumination as shown in the sign package dated Nov. 9, 2021 are approved. File Z-26-21.
The commission voted (7-0-0) to approve a 90-day extension to file the mylars for an approved 1-lot re-subdivision for property located at 33 Moose Horn Road.
Staff Report and Correspondence
Kenyon reported building has started on the Murtha’s Way duplex project. On another matter, she stated the Department of Transportation (DOT) tagged trees that are to be removed as part of the Granby Center intersection project. She noted there are plans to replant trees and landscape the area.
Commissioner Reports and Correspondence
Boardman asked Kenyon if she knew the origin of a solar panel on the town green. Kenyon said it belongs to Pierce Builders and was used during relocation of the water lines in preparation for the DOT project.
December 14, 2021
Present: Mark Lockwood, Margaret Chapple, Jonathan Boardman, Eric Lukingbeal, Eric Myers, Brennan Sheahan. Also present, alternates Paula Johnson and Matthew Peters, Director of Community Development Abigail Kenyon,
Receive applications and set public hearing
Application seeking a Special Permit under Zoning Regulations Sections 3.12.2 and 8.6.14 for a retail use and an illuminated freestanding sign, for property located at 281 Salmon Brook Street, CC Zone. File Z-27-21. The application is scheduled for public hearing on January 11, 2022.
The commission approved (7-0-0) 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, File Z-24-21, subject to the following conditions:
The previous Special Permit conditions granted for the property remain in effect unless modified herein:
The farm store may open at 8 a.m. and must close no later than 8:30 p.m.; Light music is permitted inside the farm store, on the patio, and on the porch/deck as shown on Attachment 1. Light music is any music played or performed at a level in which persons not located in the farm store, on the patio, or on the porch/deck can hold a conversation without unreasonably raising their voices; Light music is permitted between 10 a.m. and 8:30 p.m., seven days per week.
Per Zoning Regulations Sections 8.15.17, a farm store is permitted by Special Permit as an accessory use to a bona-fide farm operation. Therefore, the primary use is a farm, and the farm store operation is an accessory use. Nothing within this approval is intended to limit the Granby Zoning Enforcement Officer from taking any action where such ZEO determines that the number, types, or the hours of the activities occurring at the subject property exceed that which is customary and incidental to the agricultural use in accordance with the Zoning Regulations.
The commission voted (7-0-0) to approve a 90-day extension to file the mylars for an approved 24-lot subdivision for property located at 76 West Granby Road.
Discuss Outdoor Dining Zoning Regulations and possible changes
Kenyon explained that during the Covid pandemic, under Executive Order, restaurants were permitted to have outdoor dining regardless of whether outdoor dining was allowed under local zoning regulations or not. These outdoor dining areas approved under this Executive Order are allowed until March 31, 2022. Effective April 1, 2022, per legislation that was passed, towns must allow outdoor dining that is accessory to a restaurant by right. The zoning regulations can either require approval of a zoning permit by ZEO or a site plan review and approval by the commission for outdoor dining.
Granby’s current outdoor dining regulation must be updated to comply with this new legislation. She noted any outdoor dining that has already received Special Permit approval from the Planning and Zoning Commission can continue. Any other outdoor dining area will have to comply with the new regulation.
Kenyon explained because outdoor dining is subject to site plan review only, the conditions for outdoor dining must be very clear; the commission does not have the discretion to apply additional conditions as they would under a Special Permit. She read the items for the commission to discuss further. Those topics include: the size of outdoor dining area permitted; if tents will be permitted; the hours allowed for outdoor dining; and if the regulation should address any additional bathroom facilities that may be needed per the plumbing code. Commission members raised other issues as well including, parking requirements, safety of outdoor dining areas in parking lots, the need for a clear definition of accessory use, and criteria for the containment of areas where alcoholic beverages will be consumed. Mark Lockwood suggested the commission read the new legislation and discuss it further at the January meeting.
Staff Report and Correspondence
Kenyon reported work on the duplexes at Murtha’s Way continues, several foundations have been poured and framing has started. She noted the Building Official and Fire Marshal completed final inspections at Westfield Bank, which will open soon.
January 11, 2022
Present: Mark Lockwood, Margaret Chapple, Christine Chinni, Jonathan Boardman, Eric Lukingbeal, Eric Myers. Also present, alternates Paula Johnson and Matthew Peters, Director of Community Development Abigail Kenyon,
The commission approved (7-0-0) an application seeking a Special Permit under Zoning Regulations Sections 3.12.2 and 8.6.14 for a retail use and an illuminated freestanding sign, for property located at 281 Salmon Brook Street, CC Zone, File Z-27-21, subject to the following conditions:
The sign lighting shall be dark sky compliant. The specific sign lighting plan and sign location to be approved by staff; The retail use is limited to the area designated as the sunroom as shown in the application materials and as outlined in December 29, 2021 staff memorandum from the Director of Community Development.
Discuss Outdoor Dining Zoning Regulations and possible changes
Mark Lockwood explained that in response to new state legislation, the commission needs to revise its current outdoor dining regulation to comply with the new rules. Kenyon reviewed the proposed changes, including outdoor dining being subject to site plan approval instead of special permit approval; the outdoor dining area shall not exceed 30 percent of the gross floor area of the indoor space; if outdoor dining is located in a parking space or driveway, it shall occupy no more than four parking spaces; the outdoor dining area shall be separated from parking areas to ensure the safety of diners; any lot, yard, court or open space abutting the restaurant may be used for dining providing written approval is received from the property owner; hours shall be limited to 9 p.m. except on Fridays and Saturdays when outdoor dining shall be permitted to 10 p.m.; and if a tent or temporary structure is used and more than 50 percent of the sides are down, it shall count as indoor space and the site shall comply with parking requirements.
The commission decided to change it to 40 percent, which is more in line with the size of outdoor dining spaces that have been approved to date. Parking requirements were discussed in detail. Kenyon noted under the legislation additional parking cannot be required for outdoor dining, and furthermore, municipalities must allow some outdoor dining in a parking lot if needed. The commission suggested additional modifications, including clarifying that while an engineered site plan is not required, the plan should be drawn to scale.
In response to questions, Kenyon stated restaurants with Special Permit approval for outdoor dining will not have to reapply when this regulation takes effect. The new regulation will apply to any restaurant granted temporary outdoor dining under the Governor’s Executive Order and that wants to continue to provide outdoor dining. It would also apply to a restaurant that wants to modify its existing approved outdoor space. It was noted outdoor music will still require Special Permit approval.
Kenyon will modify the regulation in response to the Commission’s feedback and a draft will be presented at the next meeting.
Staff Report and Correspondence
Kenyon reported work on the duplexes at Murtha’s Way continues, and an additional 40 building permits have been received for the project.
Staff had a preconstruction meeting with the developer at 76 West Granby Road. Work is expected to start as soon as the required paperwork is received and mylars are filed.
The Department of Transportation began tree clearing in Granby Center in preparation for the intersection improvement project. Utility work, which will primarily consist of shifting the utility poles, will continue during the winter and roadwork will start in the spring when the weather improves, and asphalt plants reopen. Plans, including the landscaping plan for Granby Center, are posted on the Community Development Department webpage.
Commissioner Reports and Correspondence
Lockwood stated in addition to the outdoor dining regulation, there will be changes needed to other regulations in response to recent legislation, including the accessory apartment regulation. These will be brought to the Commission at upcoming meetings.
Lockwood reported he and Kenyon have discussed preparing bylaws for the Commission. It is expected this will be discussed with the Commission later.
Boardman announced the Griffin Road bridge is open and work has begun on Hungary Road bridge.
Abigail Kenyon, Acting Recording Secretary
Editor’s note: For complete minutes of the Planning & Zoning Commission meetings, visit: granby-ct.gov/node/219/minutes