GRANBY PLANNING & ZONING MEETING HIGHLIGHTS

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November 22, 2022

Members Present: Mark Lockwood, Jonathan Boardman, Eric Lukingbeal, Eric Myers, Brennan Sheahan, and Alternate Paula Johnson. Absent: Matthew Peters and Christine Chinni. Also Present: Director of Community Development Abigail Kenyon and Land Use Coordinator Renee Deltenre.

Johnson was seated for Peters.

Application seeking a Special Permit under Zoning Regulations Section 8.28 for a residential landscape business and Section 8.1.3.4 for a garage in excess of 1,000 square feet for property located at 86 Granville Road, R2A Zone. File Z-14-22.

Applicant and property owner Matt Olson noted surrounding properties have similar structures and equipment on-site. He stated Granville Road is a state road and the surrounding environment does not present the characteristics of a typical neighborhood.

Kenyon said that a timeline needs to be considered regarding construction and whether equipment may be stored outside until the structure is built. Olson stated that he will not operate his business on the premises until the structure is completed, which he intends to finalize within the next three years.

The public comment period was opened.

Attorney TJ Donahue of Killian and Donohue, was present on behalf of his client, the Barnoski Family. Donahue requested a denial of the application and spoke of potential impacts of a commercial use within a residential zone.

Katherine Bogli, 198R Salmon Brook Street, spoke in favor of the application and stated that living next to a residential landscaping business located at 188 Salmon Brook Street has not impacted her life negatively or diminished property values. She feels that the requested use is suitable for that area and the concerns presented are theoretical in nature.

Molly Sandman, 86 Granville Road, spoke in favor of the application and provided clarification regarding how the business operates, as well as necessary grading on-site to prevent water from pooling near the house.

Florence Bischoff, 76 Granville Road, expressed concerns regarding the potential impact of a commercial use within a residential zone, including noise, disruptions and impact on character and property values.

Steve Morawski, 16 Mechanicsville Road, spoke in favor of the application as a fellow landscaper and stated that many of the concerns expressed are based on assumptions. Reference was made to Stony Brook Farm, located at 98 Granville Road, which stores numerous pieces of equipment outdoors.

Jonathan Olson, 3 Heather Lane, spoke in favor of the application and feels there is no clear evidence the proposed use is not compatible within a residential zone.

Public comment was closed.

The commission concluded that the proposed residential landscaping business would not negatively affect property values or quality of life for the surrounding properties. Lukingbeal provided photos of the property located at 98 Granville Road, which conducts large-scale wood processing and stores numerous pieces of equipment outdoors, in order to show what the surrounding area looks like. Myers welcomes the business and applauds the applicant for coming forward as many others do not and stated that the site walk helped put everything into perspective. Sheahan stated that the property is simply too small for such a use and believes that granting an approval would be setting a precedence. Johnson discussed how landscapers cannot afford to keep renting space while trying to be profitable, and the proposed use is suitable for the location. Lockwood stated that he hears the concerns of the neighbors but feels the barn will improve the property and the application fits within the zoning regulations.

The commission voted (5-1-0; B. Sheahan opposed) to approve the application, subject to the following conditions:

Permit for operating the landscape business is contingent upon building of the proposed barn. No equipment associated with the business is to be kept on the property until the barn is constructed. Equipment includes the two identified machines as well as trailers. The three business-registered motor vehicles can be parked outside;

Equipment associated with the business is to be kept inside the proposed barn including the proposed lean-to. Equipment may be brought on site to maintain the property and complete construction projects associated with the property’s development;

No landscape materials are to be stored outside. This includes, but is not limited to materials, materials bins, plants, trees, shrubs, patio block, and supplies;

No equipment associated with the business is to be run for extended periods of time on the property except for the purpose of loading or unloading unless the equipment is being run to maintain the property;

Hours of operation to be Monday through Friday, 7:30 a.m. to 5:30 p.m., Saturday, 8 a.m. to 4 p.m.; and

Two (2) employees are permitted as part of this permit.

Application seeking Site Plan approval for a parking lot and associated improvements for property located at 19 East Granby Road, COCE Zone. File Z-18-22.

Property owner Paul Holjes and his representative Terri Hahn of LADA, P.C. were present. Hahn provided a historical overview on the property, which consists of .23 acres, an existing structure with a gross floor area of 4,184 square feet, and no parking. The current owner purchased the property in 2016 and has been working on a site plan that would provide adequate parking for the proposed use. In 2021, the owner purchased additional land the west of the building and now the property can accommodate eight parking spaces. Holjes is looking to renovate and utilize the structure for his financial planning business. The proposed use requires 20 parking spaces. The Zoning Board of Appeals granted a variance to allow eight parking spaces. The applicant is requesting a waiver of Section 7.3.2 of zoning regulations pursuant to Section 3.12.5, in order to allow for parking along the driveway, as shown on the proposed site plan. The proposed lighting on the southern side of the building will be dark-sky compliant. Kenyon provided clarification regarding the requested waivers, and some commissioners questioned the proposed parking layout, future expansion of the business and/or possible tenants, and sight lines.

Holjes stated that he has no intention of renting space out to other businesses and plans to occupy the structure with his business and employees.

There was no public comment.

The commission commended the applicant for taking the time and working with professionals to develop a site plan best suited for the property and voted (6-0-0) to approve the application, subject to the following conditions:

Applicant shall address and adhere to all eight staff comments detailed in the Nov. 15 memorandum from the Director of Community Development to the Planning and Zoning Commission; including receipt of the outstanding A-2 survey. The Office of Community Development shall have the authority to confirm completion of these items;

Lighting plan is approved per plan on file; and

Waiver for section 7.3.2 is granted pursuant to Section 3.12.5, allowing for parking along the driveway as detailed on the plan on file.

Application seeking a Special Permit under Zoning Regulations Sections 8.6.13 and 8.6.14 for two illuminated building signs for property located at 7 Mill Pond Drive, C2 Zone. File Z-21-22.

The above application has been scheduled for a public hearing on Dec. 13.

Staff Report and Correspondence

Kenyon noted that the Building Department has received foundation permit applications for the first three buildings at Station 280 and provided an update regarding progress made at Harness Way, including a bond reduction request.

December 13, 2022

Members Present: Jonathan Boardman, Christine Chinni, Eric Lukingbeal, Eric Myers, Matthew Peters, Brennan Sheahan, and Alternates Paula Johnson and Robert Lavitt. Absent: Mark Lockwood. Also Present: Director of Community Development Abigail Kenyon and Land Use Coordinator Renee Deltenre.

Lavitt was seated for Lockwood.

Application seeking a Special Permit under Zoning Regulations Sections 3.5.2.2, 8.6.14, 8.21.4.8 for a 24-hour access gym in the aquifer protection overlay zone and an illuminated building sign, for property located at 7 Mill Pond Drive, C2 Zone. File Z-19-22.

Applicant Robert Olson of 7 Ann-Mar Lane, Simsbury, was present to discuss the application. He is the owner of Resolute Fit located at 10 Mill Pond Drive and wants to open a 24-hour access fitness facility at 7 Mill Pond Drive.

The vacant 3,200 square foot space was previously a restaurant. Members would be able to access the facility at any time using a phone app and the facility would be monitored by motion-censored cameras.

Except for two existing bathrooms the interior space would be demolished and reconstructed, including the addition of two unisex ADA compliant showers. Emergency panic buttons will be installed throughout. The applicant said the signage has not been finalized and he will reapply to the commission for the signs. Kenyon stated that this site is located within the Aquifer Protection Overlay; however, the proposed use poses no threat to the aquifer.

There was no public comment.

The commission voted (7-0-0) to approve.

Application seeking a Special Permit under Zoning Regulations Sections 8.6.13 and 8.6.14 for two illuminated building signs for property located at 7 Mill Pond Drive, C2 Zone. File Z-21-22.

Applicant representative Kelvin Herrera of Tri-State Signs and Awnings was present via Zoom to discuss the application. Hartford Health Care Urgent Care has retained said company to install two new, 24-square foot illuminated signs to increase public awareness and visibility. One sign will be located over the main entrance on the front of the building that faces the parking lot and will be individually lit channel letters. The second sign will be located to the side of the building facing Salmon Brook Street and consist of an illuminated light box. Only the letters will be illuminated at night and the sign background will be opaque.

There was no public comment.

The commission voted (7-0- 0) to approve.

Application seeking a Special Permit under Zoning Regulations Section 8.15.17.7.1 for a Farm Store for property located at 175 Barn Door Hills Road, R2A Zone. File Z-20-22.

Applicants Christopher Peregrin and Julien Tessier were present to discuss the application, along with property owners Carolyn and Eric Mainardi. The applicants propose to open a farm store within an existing 600 square foot outbuilding, which would be renovated to include an accessible bathroom and the required fixtures for the farm store, such as a three-bay sink, undercounter refrigerator, freezer, and display cases, would be installed. Hours of operation would be 7 a.m. to 4 p.m. Tuesday through Sunday and produce grown on site would be sold in the farm store, along with fruits, vegetables, fresh cut flowers, eggs, baked goods, coffee and soft drinks.

The store would accommodate indoor seating for six people and outdoor seating for eight, while utilizing eight parking spaces to the east of the proposed farm store. There is an area to the west that could accommodate another six parking spaces if needed, and access would be from an existing gravel driveway. The store would connect to the farm’s existing commercial grade septic system and modifications would be made to the exterior in order to provide handicap access. Two signs are proposed, one freestanding, non-illuminated sign at the street and one illuminated wall sign over the entrance to the farm store. The applicant also stated that no alcohol will be served on-site and no live music or other entertainment shall occur.

Open for Public Comment

Margaret Lareau, 17R Reed Hill Road, expressed concerns regarding the proposed business operation and feels the stated use does not comply with the definition of a farm store.

Joanne Stevens, 91 Barn Door Hills Road, expressed concerns regarding the possibility for future expansion, and questioned whether the proposed use is in fact a farm store or a retail café operation.

Sara Ryan, 15 Halwood Drive, spoke in favor of the application.

Lorri DiBattisto, 20 Hillyer Way, submitted written documentation via email on Dec. 13, 2022 in favor of the application. (Kenyon stated for the record).

Peregrin addressed public comment and stated that they intend to keep the existing footprint of the structure as is, and if they do expand in the future, then they will relocate to a commercial space. He reiterated how they have been planting on-site for more than two years and will be using that product to produce food for sale. Mainardi stated how she granted Peregrin permission to apply for the Special Permit, and Kenyon provided a brief overview of the Special Permit approval process. There will be no live entertainment or music on site, nor will there be any events.

The public hearing closed.

The commission discussed the application at length and determined that the proposed use complies with the zoning regulations and voted (7-0-0) to approve the application, subject to the following conditions:

Hours of operation shall be 7 a.m. to 4 p.m. Tuesday thru Sunday;

The following are not allowed as part of this permit: No entertainment, no events, no parties, no music outside the building, and no live music inside or outside of the farm store; and,

Installation of a non-illuminated code-complaint freestanding sign at the end of the driveway and an illuminated code-complaint sign over the farm store entrance is approved.

Presentation and Commission Discussion: Neighborhood and Commercial Transition Zone (T1)

Martin Schwager, chairman of the Granby Development Commission, provided an overview of the creation of the Neighborhood and Commercial Transition Zone (T1), as well as potential changes that are being recommended by the Development Commission. Current challenges to development within this zone consist of an internal roadway requirement, curb cut limitations, required setbacks, landscaping requirements, amenity restrictions, lot size requirements and multiple property owners. Coupled with a real estate market driven by changing economics, demographics, and legislative regulations, only one development has occurred within the T1 Zone since its adoption in 2006. Amending the T1 Zoning Regulations will provide advancement for more strategic development and give property owners the opportunity to remarket their properties.

Proposed changes include the removal of an internal road requirement, reducing building setbacks to 85 feet, reducing parking setbacks to 25 feet, reducing landscape buffer requirements along R30 zones to 50 feet, removal of curb cut separation requirement, etc. Kenyon provided an overview of the proposed curb cut language, which would encourage adjacent property owners to share driveways in order to minimize the number of curb cuts on Route 10. It was also noted there should be a provision to allow secondary/emergency access to Route 10 via a curb cut if necessary. Schwager also recommended that the commission consider the possibility of drive-through amenities. Chinni recommended postponing deliberation on the presentation until the next regular meeting, and the other commissioners agreed.

Respectfully submitted,

Renee Deltenre, Land Use Coordinator