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April 26, 2022

Present: Jonathan Boardman, Eric Lukingbeal, Eric Myers (Acting Chair), Brennan Sheahan; alternates Paula Johnson and Matthew Peters; Director of Community Development Abigail Kenyon

Seating of Alternates

Johnson and Peters were seated for Margaret Chapple and Christine Chinni.

Public Hearings

Application seeking to opt out of the parking requirements as outlined in Public Act No. 21-29.

Kenyon stated Public Act 21-29 includes a provision that states zoning regulations shall not require more than one parking space for each studio or one-bedroom dwelling unit or more than two parking spaces for each dwelling unit with two or more bedrooms unless the municipality opts out. The current Zoning Regulations require 1.5 spaces for a one-bedroom unit and two spaces for two or more bedrooms. The commission decided to hold a public hearing to opt out of the state provision.

Because of the lack of other transportation options in Granby, many people rely on cars, so an adequate number of parking spaces are needed onsite to accommodate cars. This will prevent both overflow parking on adjacent properties and on-street parking, which may otherwise cause safety issues. There were no public comments. The commission voted (6-0-0) to approve an application seeking to opt out of the parking requirements. To complete the process, the Board of Selectmen will have to vote to opt out.

Application seeking to opt out of the accessory apartment requirements as outlined in Public Act No. 21-29. File Z-6-22.

Kenyon stated that Public Act 21-29 establishes a provision that allows the construction of accessory apartments 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 option with a two-thirds majority vote. The commission had some concerns with the conditions outlined in PA 21-29, specifically allowing detached apartments as of right. On smaller lots, there was a concern detached apartments may not be compatible with the neighborhood and parking and access may be more difficult. Therefore, the commission decided to hold a public hearing to opt out of the state provision. There were no public comments. The commission voted (6-0-0) to approve an application seeking to opt out of the accessory apartment requirements. The Board of Selectmen must also vote to opt out.

Application seeking an amendment to Zoning Regulations Sections 1.4 and 8.5 Accessory Apartments to allow attached apartments as of right and detached apartments by Special Permit. File Z-7-22.

In response to Public Act 21-29, Kenyon noted that over the past several months, the commission discussed possible changes to the accessory apartment regulation. Under the current regulation, all accessory apartments require Special Permit approval from the commission. The proposed regulation would allow staff to approve attached apartments provided all conditions outlined in the regulation are satisfied.

Detached apartments would continue to require Special Permit approval from the commission. The commission is also proposing to remove the current 2-acre minimum lot size required for a detached apartment. The commission reviewed the proposed regulation and noted the setback for detached apartments should be revised to require the apartment be set back from the property line a distance equal to the longest linear dimension of the structure, a distance one and one-half times the height, or a distance in compliance with Section 5, whichever is greatest.

Kenyon added the proposed regulation is consistent with the goal in the Plan of Conservation and Development to provide a greater number and mix of new housing units. In response to a question, she reported the amendment has been referred to CRCOG and there were no issues.

Public comment opened at 7:30 p.m.

Kathleen Garlasco asked for clarification. It was explained the commission is choosing to opt out of the state regulation for accessory apartments because the commission did not want to adopt all of the state provisions pertaining to the apartments. However, with this application, the commission is considering a modification to the current regulation.

Glenn Ballard, 289 Granville Road, asked if the Special Permit fee is a deterrent for people applying for an apartment on their property, questioned how violations would be handled, and if any conditions had been assigned for previous accessory apartment applications. Answering his questions, it was noted the Special Permit fee is $260, any violation would be enforced in the same manner as any other zoning violation, and no accessory apartment request has been denied and rarely were conditions assigned.

The public hearing closed at 7:38 p.m.

Sheahan expressed concern for removing the 2-acre minimum required for a detached apartment. The other commissioners noted they are confident in the Special Permit process, which allows them to determine if a particular property is appropriate for a detached apartment.

Application seeking a site plan modification and a Special Permit under Zoning Regulations Sections 8.6.13 and 8.6.14 for a bocce court/patio area and illuminated freestanding sign and sign that exceeds the allowable size for property located at 2 and 3 Murtha’s Way, The Grand, T1 and PDM Zones. File Z-8-22.

Reggie Kronstadt, owner and developer of The Grand at 2 and 3 Murtha’s Way, is seeking a modification to the site plan to add a bocce court, patio, pergola, gas fire pit and lights. This amenity space would be located to the east of the first duplex structure. He is also seeking Special Permit approval for an illuminated freestanding sign that exceeds the allowable sign area. The sign panel would be 12 square feet and the two additional directional panels would measure 2.25 square feet. A ground-mount light would cast light upward at the sign face. This proposed sign would be installed to the north of Murtha’s Way just after the driveway to the apartment complex. It would have two directional sign plaques mounted on it directing visitors to either the luxury apartments or to the luxury homes.

The commission noted the sign is not visible from the road and due to the size of the development, it is appropriate to have a larger sign onsite. It was asked if downlighting would be considered instead of up-lighting. Kronstadt stated the light could be directed such that it will only illuminate the sign face.

Public comment opened at 7:51 p.m.

Adam Hokansson, 26 Glen Road, stated he is concerned with the proposed lighting on the site.

The public hearing closed at 7:53 p.m.

The commission voted (6-0-0) to approve the application.

Consider assignment and assumption agreement, 76 West Granby Road

Kenyon stated when the commission approved the 24-lot subdivision at 76 West Granby Road, the commission agreed to accept a security agreement for the site improvements. The commission also agreed to allow a fee in lieu of open space be paid to the Town. The security agreement was executed between the developer (Levesque Properties LLC) and the Town, and the open space agreement and lien filed on the land records.

Recently the developer contacted the Town to notify staff that the property would be transferring from Levesque Properties LLC to Harness Way Development LLC. The Town Attorney recommended an assignment and assumption agreement be executed where the property can be conveyed on the condition that the new owner is subject to all of the terms and conditions that bound the original developer and that the same liens remain in place. Because the security agreement was executed between the developer and the Planning and Zoning Commission, the commission is asked to approve execution of the assignment and assumption agreement. The Commission approved (6-0-0) the assignment and assumption agreement, subject to final review by the Town Attorney.

Discuss next steps regarding Cannabis Establishment Zoning Regulations and current moratorium.

Kenyon stated at the last meeting the commission began drafting regulations for cannabis establishments. Given the current moratorium expires at the end of August and the amount of research and time that will be needed to develop regulations, it is recommended the commission consider extending the moratorium. To extend the moratorium, a text amendment to change the date must be submitted and referred to CRCOG. Kenyon said she will take care of this and the application will be noted on the commission’s next meeting agenda to schedule a public hearing. She also noted two more letters were received by the public and are included in the commission’s packet. The commission agreed to consider a one-year extension.

Staff Report and Correspondence

Kenyon said that updated information for the Granby Center intersection project will be posted on the town website and Facebook page as it becomes available.

Commissioner Reports and


Sheahan asked if the commission was aware of a shipping container located at the Granby Auto Wash on Mill Pond Drive. Kenyon stated the business is doing upgrades inside and the shipping container is being utilized as temporary storage.

Respectfully submitted,

Trish Tappenden, Interim Recording Secretary