Granby Commission Poised to Deny Permit for Dirt Bike Use

Granby Planning and Zoning commissioners appear poised to deny an application that would have allowed 12-year-old Dylan Cavaciuti to ride his dirt bike on his parents Candlewood Lane property.

The commission took no action Tuesday, but four of the five voting members indicated that they would not be able to approve the application as presented, which would have designated certain times of the week for Dylan to ride his dirt bike.

That the commission is likely to deny the application is not a commentary on dirt biking in the area, as much as it is interpreting zoning regulations. And pending permit denial does not mean the issue has been resolved.

Dylan's parents, Tracy and James Cavaciuti, of 18 Candlewood Lane, filed the application for a permit to so that their son could ride his dirt bike several hours a week after the family received a cease and desist order from the town’s Zoning Enforcement Officer Bill Volovski on May 17, 2011.

Town officials received several complaints from at least two of the Cavaciutis neighbors that the sound of Dylan’s dirt bike - along with several others that were ridden on the property - created too much noise.

A led residents to speak passionately both in favor of, and against, creating the recreational area for Dylan Cavaciuti to ride his dirt bike. The proposal asked for two Saturdays per month for no more than two hours between 12 and 6 p.m. and three days during the week between 3 and 5 p.m., for no more than two hours.

On Tuesday evening, four out of the five eligible commission members - Commission Chairwoman Paula Johnson, Margaret Chapple, Eric Lukingbeal and Linda C. Spevacek - said that they were inclined to deny the application because of their interpretation of what a recreational area should be. Charles Kraiza and James Sansone recused themselves from the deliberations.

“The first thing that comes to mind is I’m not so sure this fits under the definition of a recreation area,” Johnson said. “This is not considered a recreation area. Group recreation area means multiple people, not one individual. I’ve thought this is probably not something the commission should consider under this particular [section of the regulations].”

Lukingbeal, an attorney, agreed, stating that he did not believe the town’s zoning regulations should be used to grant a license to someone to ride a dirt bike because a neighbor believed that use to be a nuisance.

One commission member disagreed, however, stating that he was comfortable with creating a recreational area for the Cavaciutis.

“I’m very supportive of this application,” commissioner Paul Lambert said. “I went to the property; I listened to the sound of a dirt bike and found it no louder than my own chain saw, which isn’t quiet. The major concern I have is the repetition of noise in the area. That is the primary concern. If they should use a chainsaw on the farm, there would be no discussion.”

Not opposed to dirt bikes

That the members were voting against creating the recreation area did not, however, mean that they were against residents riding their dirt bikes on their property.

“I have no problem with a young boy riding his dirt bike,” Johnson said. “I don’t like considering this as a recreation area.”

Johnson also expressed her concern that the commission could be inundated with applications from residents who want to turn their properties into recreation areas to allow for dirt bike riding.

“We could have 25 of these in town,” she said.

Johnson added, however, that it was “disappointing” that the commission was even discussing the matter and that the people in the neighborhood should have been able to reach some compromise.

“It’s called working together,” she said. “How we solve the problem after that, I don’t know.”

Lukingbeal went a step further, stating that the town’s zoning regulations shouldn’t be used to permit dirt bike riding; instead he flipped the argument, stating that residents who felt that a nuisance had been created should retain an attorney and file a lawsuit.

“We’re not in the business of regulating these kinds of things,” Lukingbeal said, noting that even if the town issued the permit to the Cavaciutis, their neighbors could still sue them for creating a nuisance. “[The Cavaciutis] should be allowed to [have dirt bikes on their property] and take their chances with their neighbors. ...

“Whether it’s a nuisance or not isn’t the point. We shouldn’t decide. That ought to be in the courts.”

Going forward, Lukingbeal said that the P&Z Commission should talk to the Zoning Board of Appeals about revoking its standing order that riding a dirt bike on private property is not an accessory use of that property.

“It’s troublesome that there is a blanket [decision] that riding a dirt bike is not a proper accessory use,” said Lukingbeal, before adding that he didn’t “like boards fighting with each other. We ought to talk to them.”

Lukingbeal said that he was not advocating that the Cavaciutis violate the standing order, however.

Chapple, while also joining the majority, did not like the idea that residents sue one another over common law nuisance.

“I’m not sure where the solution is,” she said.

Lukingbeal suggested that the commission, with its decision offer guidance for the future, explaining the definition of a recreation area, how the nuisance cause of action works, what the remedy might be and the possibility of changing the town’s zoning regulations, or at least providing additional definitions as they pertain to dirt bikes.

Lawsuit still pending

The matter is far from over for the Cavaciutis, as they currently have a lawsuit pending in Superior Court in Hartford against the town’s zoning board of appeals, which in July 2011 upheld the cease and desist order.

In addition, the commission members were still holding out hope that the neighbors could reach a compromise on their own.

“There’s no reason they can’t work this out and I encourage people to do that,” Chapple said.

Clarification: The headline was changed to better reflect the description of the article.