TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
JANUARY 13, 2009
Present: Paula Johnson, Chairwoman, Daniel P. Brown, Jr., Margaret Chapple, Charles Kraiza, Paul Lambert, James Sansone, Linda Spevacek and Francis Armentano, Director of Community Development.
The meeting opened at 7:02 p.m.
Public session: A member of the public asked questions about signage at the corner of Mill Pond Dr and Salmon Brook Street. He asked if the town had any control of these areas or if there were any future plans for more signs. Fran explained that this is private property and that signs are not permitted within the public right of way.
ON A MOTION by Paul Lambert, seconded by Margaret Chapple, the Commission voted to approve the minutes of December 9, 2008. All approved. James Sansone abstained.
Attorney Richard Case, representing Lost Acres Properties LLC, requested a confirmation from the Commission that no subdivision is required for the land being acquired for the winery, being Parcel B on a Division Map, because of the Agricultural exception under Section 8-18 of the Connecticut General Statutes. He provided the Commission members with a map that identified the area.
ON A MOTION by Put Brown, seconded by Linda Spevacek, the Commission voted to confirm that the use of the property is for agricultural purposes as defined in Section 8-18 of the Connecticut General Statutes and in accordance with the following.
A subdivision is defined in Section 8-18, of the Connecticut General Statutes as follows:
"subdivision" means the division of a tract or parcel of land into three or more parts or lots made subsequent to the adoption of subdivision regulations by the commission, for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation or agricultural purposes.”
Lost Acres Properties, LLC is seeking a determination that no subdivision is required for the creation of a parcel (the “Winery Parcel”) to be acquired by Michelle Niedermeyer and Kevin Riggott, which Winery Parcel is now a portion of 100 Lost Acres Road. The Winery Parcel is to be known as 84 Lost Acres Road and will be used for agricultural purposes.
This Winery Parcel was the subject of a special permit application, submitted by the above named parties seeking to create a Farm Store. Farm Stores can only be approved, if they are associated with an agricultural use. (See: Granby Zoning Regulations, Section 8.15.17, Farm Stores.) As approved by the Commission, the Farm Store would primarily sell wine, which can only be sold in conjunction with a winery. (See: Granby Zoning Regulations, Section 8.3.) The applicants clearly proposed and stated that the Winery
Parcel would be used as a vineyard, where grapes would be grown for the wine, which will be made at the winery. This application was reviewed and approved by the Commission. In accordance with the Commission’s approval and as required by Connecticut Public Act 06-67 the winery cannot operate without the vineyard.
Further, as presented to the Commission in the above referenced application known as Z-17-08, the Winery Parcel will contain at least 25 acres and be labeled on a map filed with the Commission and in the Granby Land Records, “For Agricultural Purposes”. The Winery Parcel will be used for the winery as noted above and developed as generally shown on a plan prepared for Michelle Niedermeyer and Kevin Riggott, 100 Lost Acres Road, dated 11-3-08, Drawing No. 08-39, prepared by Sanderson and Washburn.
Based on the Special Permit application that was submitted by the applicants and approved by the Commission it is clearly evident that the Winery Parcel, when used as described in the application, will be used for an agricultural purpose.
Accordingly, the Granby Planning and Zoning Commission agrees that, as outlined above the Winery Parcel can be created without subdivision approval as permitted under Section 8-18 of the Connecticut General Statutes. Implicit in this determination is the corollary that a subdivision approval may be required if the Winery Parcel is changed from an agricultural use to any other use.
All approved.
Public hearing on an application seeking the renewal of a Special Permit for property located at 74R Silkey Road opened at 7:18 p.m. The purpose of the hearing is to solicit comments on the antique sale business, approved by the Commission on November 14, 2006, to determine the impact on the neighborhood, File Z-19-05. Louisa Mayock, owner, reviewed the requirements from the previous approval and indicated they have met all the criteria from the last permit. Mrs. Mayock stated the business generates only a small number of visitors. There are on average two or fewer cars per weekend, ranging from no visits in a weekend to a maximum of six visits on a Holiday weekend. She indicated that this is a low-key operation having no adverse impact on the neighborhood. Two local neighbors who had
previously opposed the application agreed that it has little if any impact on the neighborhood. However, they urged the Commission to only grant a temporary permit allowing the Commission to continue to oversee the operation. Other Silkey Road neighbors noted that there were no traffic issues or other issues. They noted it was nice to see antique barns and complimented the other neighbors on being supportive. Chairwoman Johnson reviewed letters for the file from John & Margaret Mangold and Edith & Lee Reynolds. The public hearing closed at 7:41 p.m.
The Commission took a 5-minute recess to allow time for the computer and projector to be set up for the Granby Development Commission presentation. The meeting resumed at 7:46 p.m.
The Granby Development Commission gave a presentation on a draft proposal of a mixed use Zoning Regulation for Granby Center area. Bud Murtha, Chairman, stated that over the past years the Development Commission has been working on a mixed use Zoning Regulation for Granby Center. He stated that the proposal is designed to accomplish the goals of the Plan of Conservation and Development. Mr. Murtha discussed some of these goals. He discussed the process of preparing the draft, noting the 2 public workshops that were held. The Commission made substantial changes to the proposal based on the comments it received from the public. Following his comments, Fran Armentano further discussed the proposal and projected maps outlining the specific center zones. He also showed the Commission the
Center Historic Overlay zone and discussed it. The Commission asked questioned and agreed to review the complete proposal. They will review the mater in greater detail at their next meeting.
No new applications were received by the Commission at this time.
Staff Reports and Correspondence:
Fran reported there has been increased activity in the Housing Rehabilitation program. He anticipates that perhaps more people will qualify, given the state of the economy. He noted that the Town is discussing “shovel ready” projects in anticipation of possible Stimulus Funds from The Federal Government. These include in part, an extension of a sewer line and sidewalks. He noted that the Windsor Bank building is under construction and that the property at 37 Hartford Avenue, where the Commission approved a 15,000 square foot office building, has been cleared. He also noted that he has been working with CRCOG on the Regional Plan of Conservation and Development.
Fran announced that Kevin Clark, PE will soon be serving as the new Town Engineer.
The Commission discussed the future plans for the intersection at Notch Road, Quarry Road, East Street and Salmon Brook Street also known as 5 points.
The Commission held a brief discussion concerning an application seeking the renewal of a Special Permit for property located at 74R Silkey Road.
ON A MOTION by James Sansone, seconded by Paul Lambert, the Commission voted to approve the renewal of a Special Permit for property located at 74R Silkey Road with the following conditions:
The antique sales shall be conducted in the lower barn, south of the house, as originally approved. No more than 600 square feet of barn space may be used for the sale of antiques.
The antique sales are permitted Monday through Friday by appointment only. The hours that the antique shop may be open to the general public are limited to Saturdays from 9:00 am to 4:00 pm and Sundays from 11:00 am to 4:00 pm. Additionally, the above Saturday hours may be applied to Fridays, no more than 4 times per year.
Only one sign, which advertises the sale of antiques, may be permitted. The sign may have a maximum size of 6 square feet and may not be illuminated. The placement of signs that advertise the antique sales off of the immediate premises is prohibited. The placement of such signs shall result in the immediate revocation of the Special Permit.
The Special Permit will automatically terminate if the ownership of the property changes from the ownership of record outlined within the Granby Land Records on July 26, 2005.
All approved.
The meeting adjourned at 8:41 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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