June 27, 2023
Present: Mark Lockwood, Eric Myers, Jonathan Boardman, Christine Chinni, Erick Lukingbeal, Matthew Peters and Brennan Sheahan, and alternates Paula Johnson and Robert Lavitt.
Also present: Director of Community Development Abigail Kenyon.
Application seeking to renew a Special Permit under Zoning Regulations Section 9 for earth excavation, for property located at 536 Salmon Brook Street, Tilcon, I/R30/R50/ Zones: File Z-11-23.
The applicant or previous owners have been removing earth material from this site for several years and come before the commission every two years for renewal. The site work is progressing according to plan, bond and maps were updated and renewed for the period of the permit. Any previous conditions of the special permit will also be renewed.
The commission unanimously approved the Special Permit renewal.
Application seeking to renew a special permit under Zoning Regulations Section 9 for earth excavation, for property located at 67,87 and 95B Notch Road, R50 Zone: File Z-12-23.
In 2021, the commission approved a special permit for excavation to remove a total of 500,000 yards of material and to date 151,400 yards have been removed. The applicant is before the commission to renew the special permit. The only proposed change from what was approved in 2021 is the phasing plan. The change will keep the current work in the rear of the property and the front will be completed in the final phase. Kenyon and the town engineer met on-site and the excavation appears to be progressing as planned. Several items were noted and have been addressed by the applicant except for the requirement of a report of a professional engineer verifying the excavation already completed conforms to the plan of operations as approved.
The commission unanimously approved of the special permit contingent upon the review of the PE report to be submitted by the applicant; all previous conditions remain in effect with the exception of expiration date which will be two years from today. The performance bond will be extended.
Application seeking a re-subdivision for 6,8,10,11,15,17,19,21,22,24 and 26 Harness Way to reconfigure lot lines, including for the right of way and open space to be dedicated to the Town of Granby, Harness Way Development, R30 Zone: File P-2- 23.
The applicant is seeking a re-subdivision to reconfigure the lot lines at the Harness Way Development to correct an error made in the foundation placement on Lot 9. The foundation was poured 3.8 feet into the required front yard and therefore, did not meet the 30-foot setback requirement from the front property line. The developer applied to the Zoning Board of Appeals for a variance but was denied. A Certificate of Occupancy cannot be issued for a property if there is a zoning violation. Kenyon and the town engineer met at the site and are satisfied with the proposal to correct the issue. If the re-subdivision is approved, all lots will comply with regulations.
The commission unanimously approved the re-subdivision subject to the following: 1) authorization from the owner of 19 Harness Way which is on file; 2) modification of the as-built for 19 Harness Way to be updated with revised lot lines and updates on the land records, 3) Applicant to review and update all documents outlined on page 2, item 3 of the June 14 memorandum to the Commission to ensure all documents are updated with the proposed changes and refiled in the land records as required. All previous permit conditions remain in effect. All costs associated with this application, if any, to be paid by the applicant.
July 11, 2023
Present: Mark Lockwood, Matthew Peters, Christine Chinni, Brennan Sheahan, and alternates Robert Lavitt and Paula Johnson. Absent: Eric Lukingbeal, Jonathan Boardman and Eric Myers
Also present: Director of Community Development Abigail Kenyon and Land Use Coordinator Renee Deltenre.
Application seeking amendments to Zoning Regulations Sections 1.4, 3.8.2.17, 8.15.17.6.1, and 8.15.17.7.1 to allow cannabis establishments by Special Permit in the Industrial Zone: File Z-13-23.
Lockwood explained state legislation that was passed to allow cannabis establishments. Kenyon provided an overview of the proposed regulations and clarified that farm stores could not sell cannabis products and the growing of cannabis is not considered agriculture.
Public Comment
Michael Ware, 45 Hungary Road, said the requirement for minimizing light pollution to the extent practical is too vague for achieving dark sky compliance.
The commission approved the application with a (5-1-0) vote, Sheahan opposed, with an effective date of Sept. 1, 2023.
Application seeking a Special Permit under Zoning Regulations Section 3.12.5 #16 for outdoor retail sales for property located at 335 Salmon Brook Street, CC Zone: File Z- 14-23.
The applicant owns Greeting the Seasons, a retail store that sells candy, gift baskets, lotion and other products, and proposes to have up to 15 vendors set up tables outside for retail sales during the warmer months. Booths would be set up on the lawn adjacent to the fence that runs along Route 10 and 202. The commission expressed concerns regarding the lack of a formal site plan that defines vendor location and parking, as well as public parking.
Questions were raised regarding event frequency and duration, authorization from the property owner, accessibility of restrooms, traffic circulation and food trucks. Due to the incomplete nature of the application and the lack of clarification regarding the number of parking spaces to support the proposed use, it was recommended that the applicant pursue a temporary event permit to determine needs and solidify their plan.
Public Comment
Michael Ware of 45 Hungary Road, Granby expressed his support of the application, especially in regards to supporting local vendors and agreed that a formal Site Plan should be submitted given that the parking lot is difficult to navigate.
The commission unanimously voted to deny without prejudice the application.
Application seeking a Special Permit under Zoning Regulations Section 3.5.2.8 for the expansion of an existing liquor store for property located at 496 Salmon Brook Street, C2 Zone: File Z-15-23.
Applicant and property owner Ronak Patel currently owns and operates the Granby Package Store and would like to expand the existing store by merging it with the adjacent storefront that was formerly occupied by Simsbury Cards and Comics. The interior wall between the two storefronts would be removed and there would be no exterior changes. Chinni stated that she has already seen improvements to the property and supports the application.
Public Comment
Michael Ware, 45 Hungary Road, expressed his support of the application and appreciation of the business.
The commission unanimously approved the application.
Application seeking a 1-lot re-subdivision for property located at 69 Lakeside Drive, R30 Zone: File P-3-23.
The applicant proposes to split the existing 1.633-acre lot to create one 0.777-acre building lot to the west for a new single-family home that would be accessed from Hilltop Drive. The house would be served by a private septic system and well, and approval from the Farmington Valley Health District has been received. Due to the size and configuration of the lot, the applicant is requesting a fee in lieu of open space in the amount of $5,046, as well as a reduction in the required front yard from 50 feet to 30 feet.
Kenyon outlined five items from her staff memorandum: 1) Prior to the filing of the mylars, the applicant shall either submit the fee in lieu of open space to the town or file a document that requires the payment of the fee in lieu of open space at such time as the lot is sold. The fee in lieu of open space is $5,046; 2) The address for the proposed lot shall be decided by the building official and added to the mylar plan set; 3) The lean-to and shed on 69 Lakeside Drive must be removed or relocated prior to filing the mylars so the structure complies with the required setback; 4) The approval includes a front yard reduction from 50 feet to 30 feet under Zoning Regulations Section 5.2.9 as it is the commission’s determination the request meets the criteria outlined in Section 5.2.9; and 5) Minor additions and corrections shall be made to the mylars in accordance with the town engineer memo dated June 28, 2023.
There was no public comment.
The commission unanimously approved the application.