TOWN OF GRANBY
ZONING BOARD OF APPEALS
MINUTES
October 19, 2010
Present: Wayne Chapple, William Percival, Kelly Rome, Judy Goff, and Ann Crimmins
Also Present: William Volovski, Zoning Enforcement Officer (ZEO), Francis Armentano, Director of Community Development, and Donald Holtman, Town Attorney
Chairman Wayne Chapple convened the meeting at 7:32 p.m. and Secretary W. Percival read the Legal Notice. The Legal Notice was published on October 8, 2010 and October 15, 2010 in the Connecticut Section of the Hartford Courant.
REGULAR MINUTES
ON A MOTION by A. Crimmins, seconded by J. Goff, the Board unanimously voted (5-0-0) to approve the minutes of the regular meeting of September 21, 2010 as presented.
Chairman Chapple explained the procedure of the meeting and noted to those in attendance that decisions would generally be mailed to the applicant within 10 days. Approval, when granted, shall be null and void if not filed within 90 days of the approval date.
PUBLIC HEARING
The hearing on the appeal by Garrett Cardwell of 47 East Granby Road alleging that the Zoning Enforcement Officer made an error in his enforcement of the Zoning Regulations, opened at 7:36 p.m.
Attorney Nicholas Cardwell appeared and spoke on behalf of Garrett Cardwell. At issue is whether the dirt bike activity is or is not a permitted customary accessory use to the residential property. Attorney Cardwell outlined his reasons why he believes that it is. He presented a Supplemental Requested Findings, which are in addition to his previously submitted Requested Findings, which outlined the reasons supporting this appeal. He maintains that the 8.5-acre parcel of property at 47 East Granby Road is an acceptable amount of land to ride on. He explained why he believes that the cease and deist order is arbitrary.
Garrett Cardwell appeared and discussed the issue, reiterating the issues as outlined in his letter dated 9-26-10.
Francis Armentano, Director of Community Development addressed the Board. He made a distinction between residential maintenance equipment such as snow blowers, lawnmowers, and leaf blowers and the dirt bike activity. His comments were in line with the memo prepared for the ZBA dated 10-14-10.
Donald Holtman, Attorney for the Town of Granby appeared. He reviewed, from a legal perspective, the late filing of the appeal, as outlined in his letter to Mr. Volovski dated 8-13-10. He clarified legal issues including the insignificance of comments that are attributed to town employees and used to support activities that are later found to be prohibited or illegal.
William Volovski, ZEO explained that some complaints are made verbally and some are written. He defended his action of issuing the cease and desist order based on the complaints that were made regarding this matter and the documentation of how the dirt bike activity negatively affected the neighbors and abutters quality of life.
Chairman Chapple asked Attorney Holtman about his reference to a previous court case. Attorney Holtman replied that he hadn’t found anything dealing directly with dirt bikes, but he had spoken about a case defining the maximum number of dogs that could be in compliance as an accessory use. He noted two cases with accessory uses as examples and went over the customary use of property using swimming pools as a permitted example of an accessory use.
Attorney Cardwell stated that the property owners’ rights, where the bikes are ridden, need to be taken into consideration as well as the neighbors.
Chairman Chapple asked Attorney Cardwell why the appeal was filed late. He said Garrett Cardwell had no knowledge there was a time period to appeal. It wasn’t stated in the cease and desist letter he received. Chairman Chapple then asked Garrett Cardwell who he spoke with when he called the town to see if there was on ordinance regarding dirt bike riding or noise in town, and he answered he didn’t have a name.
Chairman Chapple reviewed clarification regarding a nuisance and went over zoning uses and permitted uses, and said if the zoning regulations don’t permit a use, then it’s prohibited.
Board member K. Rome asked if the cease and desist order stands for Mr. Cardwell, how does it affect others in town? Attorney Holtman said it would set precedence, as described in this issue, and apply to all homeowners in Granby. He went on to explain about property size and use allowance.
W. Volovski said that he had previously issued two other cease and desist orders regarding the dirt bike riding, based on complaints received.
Public Comment: Eleven residents spoke at tonight’s meeting. Not all were abutting neighbors. Three spoke in favor of allowing dirt bike riding in neighborhoods and eight spoke against it. One resident brought up an issue about wetlands on the property. Board member A. Crimmins asked about the wetlands as mentioned and Mr. Cardwell replied they never rode in wetlands, nor were any alterations ever made in that area. F. Armentano responded that the town had no knowledge of wetland violations on this property and that no action was anticipated. W. Volovski also stated they have not sited any wetland issues.
Attorney Cardwell stated that neighbors should be considerate of each other. Noise, while offensive to some, is not offensive to others. He feels singling out dirt bike riders on private property is wrong.
F. Armentano commented on the types of complaints, which were received. They included not only the noise issue but also the dust, fumes from the bikes, and the vibration to the surrounding homes while the bikes were being ridden.
W. Volovski stated that because of all the complaints received, stating that the level of activity was clearly having a negative impact on the neighbors, action had to be taken.
Board member W. Percival asked for clarification regarding the term arbitrary. It was defined as incidental use. Attorney Cardwell commented that incidental has no specific meaning to dirt bikes. He feels the dirt bike use falls into the recreational use category.
Board member K. Rome asked about the cease and desist order stopping the riding. She asked if a bike is worked on, could it be ridden around the yard to see if it is operating properly. What about starting a bike to load it onto a trailer? The response was that this is probably acceptable.
The public hearing closed at 9:35 p.m.
The file includes:
- Letter from F. Garrett Cardwell in RE to letter dated 9-30-09 to William Volovski dated
7-9-10.
- Letter from William Volovski in RE to complaints to Nicholas P. Cardwell, Esq., dated
7-20-10.
- ZBA Application from F. Garrett Cardwell, 47 East Granby Road, dated 8-12-10.
- Letter from Town Attorney Donald Holtman in RE to Cardwell appeal to William Volovski, dated 8-13-10.
- Memo from Fran Armentano to the ZBA, in RE to Appeal of ZEO decision dated 9-7-10.
- Requested Findings from F. Garrett Cardwell to ZBA, dated 9-21-10.
- Violation letter from William Volovski to Mr. Garrett Cardwell, dated 9-30-10.
- Letter from Garrett and Susan Cardwell, dated 9-26-10.
- Updated Requested Findings from F. Garrett Cardwell to ZBA, dated 10-19-10.
- Memo from Fran Armentano and William Volovski in RE to ZEO decision, dated 10-14-10.
- Supplemental Requested Findings from F. Garrett Cardwell to ZBA, dated 10-19-10.
Aerial map of the property.
Letters of Complaint include:
- Formal Ordinance complaint form from Gerry Palmer, dated 05-27-09.
- From Rosalie Bale to William F. Smith, Jr., dated 06-14-09.
- From Andrea N. Terney, 59 Canal Road, to William F. Smith, Jr., dated 06-16-09.
- From Shirley Ryan to William F. Smith, Jr., dated 09-18-09.
- From Cristina Flynn, 63 Canal Road, not dated.
- From the Augusts, 1 Canal Road, not dated.
- Petition from residents of Canal Road, eight signatures Re: the Nuisance Law, not dated.
ACTION ON APPLICATION
A decision has been postponed to a later date.
The meeting adjourned at 10:15 p.m.
Respectfully submitted,
Susan Christian
Recording Secretary
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