January 25, 2022
Present: Mark Lockwood, Margaret Chapple, Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers and Brennan Sheahan. Alternates: Paula Johnson and Matthew Peters; Director of Community Development Abigail Kenyon.
Public Session
Glen Ballard, 289 Granville Road, stated very few of the Plan of Conservation and Development goals are measurable and he asked the commission if they support multifamily homes in the R2, R50, R30 Zones.
Introduce and Discuss Strategic Plan
Fiorentino and Robertson explained the Board of Selectman, in consultation with boards/commissions, staff and the public, will be creating a strategic plan. The goal is to have each commission identify, prioritize and solidify work needed throughout the town. This will help assure a coordinated effort among the various boards/commissions and serve to guide the Board of Selectmen when making key decisions. The boards/commission are asked to identify goals by May 1. There will be open dialogue and public workshops to finalize what will be included in the strategic plan. Lockwood stated the commission would discuss its goals at the next meeting and the commission was reminded the Plan of Conservation and Development can be used as a starting point for the formulation of goals.
Discuss Outdoor Dining
Zoning Regulation
Kenyon outlined proposed changes to Outdoor Dining, Zoning Regulations Section 8.16.10. These changes are needed for zoning regulation compliance with state criteria for outdoor dining. In response to the commission’s last meeting, the following changes were made to the proposed regulation: Section 8.16.10.1: The total area allowed for outdoor dining was changed from 30 percent to 40 percent of the gross floor area of the indoor space; Section 8.16.10.6: language was taken directly from the state provision and added to the proposed regulation that requires ADA accessible paths to an outdoor dining area; Section 8.16.10.11: The commission discussed language requiring outdoor furniture be secured or stored when not in use for an extended period of time. It was decided to modify it to require furniture be secured when not in use, removing “extended period of time” from the criteria; Section 8.16.10.12: in addition to a tent, other temporary structures were added to this condition. Therefore, if a restaurant installs a tent or other temporary structure, and 50 percent or more of the sides are down, the area will count as indoor dining space and compliance with all applicable regulations, including parking requirements, will be required. Section 8.16.10.15: it was noted that a site plan drawn to scale shall be submitted showing the location of outdoor dining and seating.
The commission agreed to the proposed changes. A public hearing will be scheduled for the proposed regulation and the public will have the opportunity to comment on it. On A Motion by Chapple and seconded by Lukingbeal, the commission voted (7-0-0) to approve the draft of Zoning Regulations Section 8.16.10 Outdoor Dining as amended and forward it to CRCOG.
Discuss Accessory Apartment
Zoning Regulation
Kenyon stated that Public Act 21-29 establishes a provision that allows the construction of accessory apartments by right on all lots with a single-family home unless a municipality chooses to opt out by Jan. 1, 2023. To opt out, the Planning and Zoning Commission must hold a public hearing to approve the opt-out with a two-thirds majority and publish a notice of the decision. The Board of Selectmen must also vote to opt out with a two-thirds majority. In any town where the accessory apartment regulations conflict with the new state requirement and that do not opt out by Jan. 1, 2023, the state provision will override any conflicting local requirement.
Kenyon stated Granby’s current Accessory Apartment Zoning Regulation does not comply with the new state requirements on several points. One point is that accessory apartments must be allowed by right under the new requirement and Granby currently requires Special Permit approval.
She stated the commission has several options moving forward: the commission can modify the regulation to comply with the state requirements or the commission can vote to opt out. If the commission opts out, then the commission may either keep the existing regulation as is or modify the regulation as it sees fit. She noted the current accessory apartment regulation was adopted and modified in 2017. Since then, 11 accessory apartment Special Permit applications have been submitted and all 11 have been approved by the commission. She added the commission may want to consider changing the Special Permit requirement to allow them as of right, provided certain conditions are met.
The commission reviewed the state requirements for accessory apartments. They noted several concerns including the state provision that prohibits a regulation from requiring access from the accessory apartment to the outside. The commission thought this was an important requirement to include from a safety standpoint. The commission also stated they would prefer to include a requirement that the property owner live in one of the units. It was the consensus that the commission would like to opt out but modify the existing regulation, perhaps considering a change to allow some apartments by right and also adopt other criteria from the state provision that may work well in Granby, but not everything. The commission will discuss this further at its next meeting.
Staff Report and Correspondence
Kenyon reported work on the duplexes at Murtha’s Way continues with framing underway.
There are no changes to the utility work scheduled for the Department of Transportation Granby Center intersection project.
Respectfully submitted,
Patricia Tappenden, Recording Secretary