TOWN OF GRANBY
ZONING BOARD OF APPEALS
Meeting Minutes
September 15, 2014
AGENDA: Patrick Flood Appeal Decision
Regular Monthly Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande - absent
Patricia Simmons
Tom
Thompson
Dan Parkhurst
ALSO PRESENT: Town attorney
Scott Chatfield, Janet Ingersoll, Brenda Frasier-Hartle, Stephen and Alicia Davis, Robert Collins,
Terri Somers, Deb Somers Baker, Henry Wilcox, and Rosie –owner of Rosie’s
tavern.
The
regular meeting was opened and called to order at 7:04 pm by Chairman French. He explained to the audience present that the
Public Hearing portion of the appeal had been closed at the August meeting
therefore no public participation would be allowed tonight.
PATRICK FLOOD
Appeal
of CEO’s Order to Cease & Desist activities at Floody’s – outdoor
entertainment.
Owner: Patrick Flood of B&F Properties of Oswego
Co LLC
Location: 2095
State Route 48, Fulton; Tax Map # 201.20-01-05
Member
Thompson again excused himself from the discussion because of a personal
conflict involving the applicant’s attorney - he abstained from the vote as
well. The Board Members reviewed a draft
resolution prepared by Town Attorney Chatfield and modified sections to reflect
the Board’s memory of testimony given at the August 25th Public
Hearing. The attorney discussed nuances
related to change when applied to zoning and that a change of use or enlargement of use
is more than the mere change of volume or product. The character of what existed has to be
altered or the activity is broadened in such a way that the emphasis becomes
something new or different than what existed previously. He also provided a review of the land
classification terminology and its application in zoning as well as the
intentions of Towns when rezoning of property occurs.
~
Non-conforming – refers to a property or use that was conforming when
established but has since been rezoned to a different usage classification or a
different dimensional requirement schedule.
The use is allowed under the new zoning pursuant to regulations
regarding the non-conformities such as no expansion/enlargement, discontinuance
clauses and restricted alteration/restoration.
~
Illegal – refers to activity relating to usage or construction which
requires zoning/building permit approvals, but which proceeds without obtaining
said approvals.
~
Town Zoning and Tax Property Classification recognizes three business
uses that differentiate on the emphasis of the activity: restaurants-food,
bars-drink and nightclubs-entertainment.
~
The intention when rezoning is for the non-conformances to essentially fade
away in time by not allowing expansion, alteration or renovation.
Upon
clarification of relevant elements of the Zoning Code, the activities conducted
at the establishment known as Floody’s Bar, and modification of the draft
resolution provided,
BE
IT RESOLVED, that upon a motion duly made by Member Dan Parkhurst and seconded
by Member Patricia Simmons, the Zoning Board of Appeals for the Town of Granby,
on September 15th, 2014, ACCEPTED
Resolution 2014-02 as a Decision in the Matter of Floody’s Bar.
A
vote was taken:
Michael
French, Chairman Aye
Dan
Parkhurst, Member Aye
Patricia
Simmons, Member Aye
Tom
Thompson, Member Abstained
Peter
Leogrande, Member Absent
3
AYES & 0 NAYS - Resolution 2014-02
ADOPTED
MINUTES
A motion to
approve the meeting minutes for August 25, 2014
was moved by Member Patricia Simmons and seconded by Member Dan Parkhurst, all
were in favor, motion carried.
With no other business before the Board a motion to
adjourn at 7:46 pm was moved by Member
Patricia Simmons and seconded by Member Dan Parkhurst, all were in
favor, motion carried.
Respectfully submitted by:
Lisa Somers,
ZBA secretary
