TOWN OF GRANBY
ZONING BOARD OF APPEALS
SPECIAL MEETING
MINUTES
November 17, 2010
Present: Wayne Chapple, William Percival, Kelly Rome, Judy Goff, and Ann Crimmins
Chairman Wayne Chapple convened the meeting at 7:00 p.m.
CONSIDERATION OF APPEAL
The Board held a discussion and considered an 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. Public hearing on this matter was held and closed on October 19, 2010.
Chairman Chapple stated he reviewed the Zoning Board of Appeals Powers and Duties, Zoning Regulations, and State Statute; he reviewed case law, reviewed the materials submitted by the applicant, and reviewed the minutes from the October meeting, all in preparation for this meeting.
ON A MOTION by W. Chapple, seconded by A. Crimmins, the Board voted (4-1-0) to deny the appeal filed August 12, 2010 by Attorney Nicholas Cardwell on behalf of Mr. Garrett Cardwell. (K. Rome voted no)
The Board notes that while the appeal was filed beyond the 30 day period provided by the Connecticut General Statutes, the Board agreed to hear the appeal because the underlying Cease and Desist Order did not advise Mr. Garrett Cardwell of the appeal time.
The Board considered all of the written arguments by Attorney Cardwell, Town Attorney Donald Holtman, the Memorandum of Mr. William Volovski, Zoning Enforcement Officer (ZEO), and Mr. Francis Armentano, as well as all of the testimony, which specifically addressed the issue raised in the Cease and Desist Order. The members acknowledge a Granby citizen’s right to enjoy the use of their property until that use interferes with their neighbor’s ability to do the same.
After careful consideration, the Board adopted the position of the ZEO and therefore will not overturn his Cease and Desist Order. The members concluded that the order is supported by the Zoning Regulations and voted to deny the appeal in accordance with the Board’s authority to interpret the regulations.
The following is a brief sketch of the member’s discussion:
K. Rome questioned the accessory use phrase, which was used many times during the public hearing. She stated she’d rather see a compromise between the neighbors instead of issuing a ruling to stop dirt bike riding in Granby. The Board expressed an understanding of how the neighbor’s must feel regarding how the noise of the bikes affects all of them. W. Percival commented that his reading the Regulations was beneficial to him in helping him make a decision on this matter. J. Goff commented that the job of this Board is to enforce the Zoning rules and regulations, which are in place. A. Crimmins stated this seems to be an issue in many towns and is possibly an area that needs to be addressed statewide. The Board members did a lot of research of similar instances and concerns inside and outside of
Connecticut. W. Percival stated that although a lot of time was spent talking about accessory use, the decision is based on a comprehensive consideration of the entire Zoning Regulation. The Board members said that although they may not be individually opposed to the riding of dirt bikes, they believe that guidelines or, in the absence of such, rulings must be made to protect neighboring property owners from the negative impacts of the activity.
ON A MOTION by A. Crimmins, seconded by J. Goff, the Board voted unanimously (5-0-0) to adjourn the meeting at 7:21 p.m.
Respectfully submitted,
Susan Christian
Recording Secretary
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