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Planning & Zoning Minutes 03-11-2008
TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
MARCH 11, 2008

Present:  Paula Johnson, Chairwoman, Daniel P. Brown, Jr., Charles Kraiza, Paul Lambert, James Sansone, Linda Spevacek, and Francis Armentano, Director of Community Development.

The meeting opened at 7:04 p.m.

Public session:  There was no public comment.

ON A MOTION by Linda Spevacek, seconded by Charles Kraiza, the Commission voted to approve the minutes of February 26, 2008 with the following change: Page 4, paragraph 2, sentence 8 should read; The Development Commission is working on various new zoning concepts for the Town Center.  All approved.  Put Brown abstained.

The continuation of a public hearing on application seeking to modify an approved special permit regarding live entertainment for property located at 17R East Granby Road, Granby Pub and Grill, File Z-2-08, resumed at 7:07 p.m.  Ruth Ann Veneziano, Owner/Manager, stated they are requesting a modification to the permitted entertainment.  They would like to add magicians, comedians, DJ’s, bands of up to 5 musicians and karaoke.  Ms. Veneziano reviewed the business hours of operation.  She noted that significant changes have been made to the floor plan.  The main stage is on the first floor and the majority of entertainment takes place there. They would also like to have entertainment on the second floor, limited to comedians, magicians and DJ’s.  There is no permanent seating on this level.  The permitted pools tables are located on the second floor and are shut down during private parties.  Fran read a letter from Joe Killen, Fire Marshall, into the minutes.  The Commission asked for public comment and a resident of 5 Allan Place stated that he can hear music from the Pub and Grill in his home.  He expressed concern that the noise will be greater during the summer hours when the windows are open.  The Commission noted the concern.  The public hearing closed at 7:25 p.m.

The public hearing on an application for an accessory apartment under Section 8.5 of the Zoning Regulations for property located at 41 East Granby Road, File Z-3-08 opened at 7:26 p.m.  Diane Healy, stated that she recently purchased this property that had been used for a residence and office by Henry Cotton.  She wants to turn the portion of the building that was used for an office into living space as an apartment. She intends to live in the new apartment and her mother will live in the main portion of the house.  She stated that she will be adding heat and a small kitchen to the former office area.  The area currently has a half bath and a second bath would be added on the second floor.  Ms. Healy stated that the home needs many improvements.  The septic system will support the proposed apartment per the Farmington Valley Health District.  There was no public comment.  The public hearing closed at
An informal discussion was held with Hal Pierce, Pierce Builders, regarding the excavation and removal of sand and the restoration of property located at 114 Wells Road and 537 Salmon Brook Street.  Mr. Pierce discussed how well the project has been going.  He presented a site map to the Commission showing the completed area.  He stated that 65% of the excavated area is now covered with topsoil. He indicated that all of the remaining sand will be hauled off within a day or two.  The remaining restoration of the site will be completed in the near future.  The owner, Mr. Janeski now intends to clear and cut trees in the area shown on the map to the south of the existing operation.   He plans to leave a 50-foot buffer of trees at the property boundaries, except near property at 45 Meadow Brook Road per the request of the owner.  It should take approximately 2 weeks for the chipping and cutting.  They will then plant rye to stabilize the soil.  Both Fran and Hal commented that the project has provided work for truck drivers and others who would normally be out of work during the winter months.  Overall the project has had a positive impact on the local economy.  Shirley Ryan noted the project has gone very well and has not been a burden at all.

The Commission held a discussion concerning an application for a special permit under Section 8.8 of the Zoning Regulations seeking permission to; use a portion of an existing barn for a home occupation for property located at 134 Day Street, File Z-01-08.  Put Brown abstained from the discussion.

ON A MOTION by Charles Kraiza, seconded by Paul Lambert, the Commission voted to approve an application for a special permit under Section 8.8 of the Zoning Regulations seeking permission to use a portion of an existing barn for a home occupation for property located at 134-Day Street, File Z-01-08, with the following conditions:

For the purpose of this approval, the barn, also at times referred to as a garage, is the structure identified as BARN, on the file map, identified as Exhibit A.

1.      The use of the barn for the home occupation shall cease on October 1, 2009, unless re-approved by the Commission.  After May 1, 2009 the Commission shall hold a public hearing to solicit comments on the use of the barn for the home occupation to determine the impact on the neighborhood.  This public hearing will be held upon a written request to hold the hearing by the applicant.  Following the public hearing, the Commission may vote to revoke the Special Permit, to permit the use of the barn for the home occupation or to permit the use with conditions.

2.      The regular hours when the barn will be used for the home occupation shall be 8:00 am – 7:00 pm.  

3.      Based on the testimony of the applicants, very little activity, related to the home occupation, actually takes place within the barn.  It is understood that the primary use of the barn, relative to the home occupation, is for the storage of items related to the home occupation. Activity in the barn, related to the home occupation shall be limited to the activity as described within the application. This activity includes such things as flower and container preparation (cutting and putting flowers in buckets of water), assembly of the floral work and other such minor assembly activities.  Overall the level of activity in the barn shall be indistinguishable from the amount of activity one would typically find in a barn on a residential property.

4.      Product deliveries that are made to the home, related to the home occupation, shall arrive by standard size delivery vehicles, such as a UPS truck.  No delivery or pick-up of any product, supply or equipment associated with the home occupation shall be made by tractor trailer truck.

5.      The home occupation shall remain in compliance with Section 8.8 of the Zoning Regulations.

All approve.  Put Brown abstained.

Chairwoman Johnson read the reasons for the approval as follows:  

·       The level of activity related to this home occupation is indistinguishable from the level of activity often associated with the residential use of properties found throughout the Town of Granby.
·       The level of activity associated with this home occupation is less then other permitted activities often found within Granby’s residential zones, particularly those related to hobbies and the keeping of livestock.
·       The appraisal, prepared by Nemeth Appraisals, inaccurately states that property at 134 Day Street seeks a variance for commercial use.
·       The Zoning Regulations anticipate the use of outbuildings for Home Occupations.
·       As approved, the application is in conformance with the Zoning Regulations, Section 8.8 and in compliance with the criteria outlined in 8.2.

Following the above approval, the Commission recommended that the applicant regularly store the cargo van in the barn, if it has lettering on it advertising the home occupation. They also suggested that the applicant consider constructing a fence or installing plantings to buffer their property from the neighboring properties and remind the applicant that if exterior lighting is installed, it should be low intensity residential style lighting.

The Commission received an application for an accessory apartment under Section 8.5 of the Zoning Regulations for property located at 168 Hungary Road, File Z-4-08.

Fran informed the Commission that amendments to Section 4.2.4 Drainage Requirements and Storm Water Management are being sent to CRCOG for review.  The amendments are due to additional State and Federal Regulations.

Staff Reports and Correspondence

Fran reported that he has had numerous inquiries about properties located within the T1 zone.  He noted that overall it appeared that the level of interest for new construction was on the rise.  He also commented that the Development Commission has made excellent progress on revised regulations that could be applied to the Granby Town Center.  They hope to meet with the Commission for a working meeting in April.

ON A MOTION by Put Brown, seconded by Charles Kraiza, the Commission approved an application for an accessory apartment under Section 8.5 of the Zoning Regulations for property located at 41 East Granby Road, File Z-3-08, with the following conditions:

1.      Construction must commence within one year or the permit is null and void.
2.      The apartment may only be used by the relatives of the property owner as presented in the application.
3.      The applicant agrees to allow the ZEO to inspect the apartment on an annual basis.
4.      The applicant agrees to eliminate the additional unit prior to any future sale of the property.
5.      The property shall be considered as single-family use for all municipal purposes.
6.      The property may be identified as 41 East Granby Road, A & B to aid postal services.
7.      The entire structure shall be metered by one common electrical service, and a common heating system.

All approved, as the Commission found the application to be in conformance with the Zoning Regulations.

The meeting adjourned at 8:12 p.m.

Respectfully submitted,


Dorcus S. Forsyth
Recording Secretary


 
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