TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
September 11,
2018
AGENDA: Pacific Health Club Inc. Public Hearing
Regular Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande
Patricia Simmons
Tom Thompson
Tina Sawyer
ALSO PRESENT: Maureen Krol of Pacific Health Club, owner of
Floody’s establishment to the south and neighbors to the north.
Chairman
French opened the meeting at 7:02 pm.
* * * * * * * * * * * * *
PUBLIC
HEARING
Use
Variance Requests
Pacific Health Club Inc. –2107
State Route 48, Fulton
Tax Map #201.20-01-04
Chairman
French opened the Public Hearing at 7:03 pm and asked the applicant, Maureen
Krol, to present their request. She
stated that the owners purchased the property in 2007 as a restaurant and banquet
facility but did not use it as such at that time. The building has been maintained with power
and cleaning, in fact the interior is in perfect condition, and has had limited
usage for company meetings, activities and seminars. The owners would now like to use it as a
restaurant and was directed by the CEO to request a Use variance because the commercial
usage had ceased and the zoning district it is located within was changed to
R-1 several years ago. When the zoning
district changed to R-1, any of the businesses in existence at the time became
pre-existing and non-conforming, and when the restaurant closed the
pre-existing status was lost precipitating the need for a Use Variance to
reopen the establishment. She stated
that to use the property residentially would be an extremely large expense to
remove the current structure that was originally a bowling alley renovated to
be a restaurant and banquet facility.
The square footage of the building is matched by the amount of blacktop
which provides ample parking for a restaurant and occasional large social
event. The impact to the neighborhood
should be minimal as the property is
located on an already largely used main thoroughfare – State Route 48. The area is already active in the summer due
to the State Park, Battle Island Golf Course and Floody’s bar located across
the road and next door to the south respectively. Maureen Krol explained that the building
would be leased to a prospective businessman that has 15 years restaurant
experience in Pennsylvania. The owners
have had other people interested in the property over the years but their
intended use did not seem appropriate for the neighborhood, whereas their
current client would like to operate an establishment serving breakfast, lunch
and dinner with limited evening hours and limited outdoor activity. A liquor license is not in the works
presently but in a year or two when the clients have somewhat established the
restaurant they would like to pursue obtaining a liquor license. The building is in great condition (photos
of the interior and exterior were provided with the application) and no
renovations are planned or expected, only cleaning since years of non-use has
passed. The structure and parking area,
and possible use of the outside gazebo is what is to be leased and is what the
applicants are requesting the Use Variance to cover. There will be no change to the original
footprint of the property. Chairman
French opened the Hearing to public comments as follows:
1. Neighbors to the north questioned
the lease period and the activity expected.
Ms. Krol stated that the lease would be for five years and use would be
for restaurant and parties like weddings.
The neighbors were concerned about the noise and the potential for a bar
to take hold which concerned them because they live next door and have small
children. Ms. Krol replied that the
building and parking area would be the only areas covered by the lease so noise
would be controlled. The owners would
plow and be responsible for maintenance.
2. The owner of Floody’s, a bar
establishment next door, asked about what outdoor entertainment was
expected. Maureen Krol stated that
everything would be inside the building because that is what is being
leased. The grounds outside were developed
with terraces, a gazebo and landscaping that have been used in the past for
weddings and like activities which seems to go along with the proposed
use. Maureen Krol replied that if the
people leasing wanted to use that area in the future then the owners would
request a Special Use Permit to allow it.
The owner of Floody’s stated that he himself had not been allowed to
have outdoor entertainment and was interested in the stipulations of usage if
approved. He added that a restaurant
business can be helped along with liquor sales and that the Board should be
cognoscente of future change in primary usage if liquor sales are
profitable. Chairman French replied that
alcohol is a component of a business serving food and having parties such as
weddings, and is not something the Board would deny, but they will need to
assess the impact and negotiate controls that will satisfy the neighborhood as
well as allow a successful business venture.
Some
discussion ensued with the Board and public regarding the nature of the
business to ascertain what conditions would need to be stipulated to allow use
of the commercially developed property within a residential district. Member Sawyer stated that the atmosphere the
business will generate is essential to understand what the ZBA can or cannot
allow. Chairman French agreed and asked
if the people leasing the property could attend a meeting in order to describe
their intended use to establish the parameters a Use Variance could entertain. A meeting date one week later on Tuesday
September 18, 2018 was agreed upon by all parties to continue the Hearing
discussion. A motion was moved by
Member Thompson to table the Hearing and resume on September 18, 2018, the
motion was second by Member Simmons, all were in favor and the motion carried.
* * * * * * * * * * * * *
REGULAR
MEETING
MINUTES
A motion was moved by Member LeoGrande to approve the meeting minutes for July 17,
2018 and July 24, 2018. The motion was
seconded by Member Thompson, all were in favor without further discussion and
the motion carried.
ADJOURN
With
no other business before the Board a motion
to adjourn at 7:32 pm was moved by
Member Thompson and seconded by Member Simmons, all were in favor and the motion carried.
Respectfully
submitted by: Lisa Somers, ZBA secretary
