Granby Family 'Disappointed' With Commission's Dirt Bike Decision

One thing is clear: the dirt bike controversy in Granby isn't going away any time soon.

A Granby family expressed its disappointment at the town’s Planning & Zoning Commission’s recent denial of an application for a special permit to create a recreation area in a residential zone that would have allowed the family’s 12-year-old son to ride his dirt bike on the family’s property.

“The town, with everything they said to us, let us down. I don’t know where it goes from here,” said James Cavaciuti, who, along with his wife, Tracy, sought to have the recreation area created after they received a cease and desist order on May 17, 2011 from the town’s zoning enforcement officer Bill Volovski that prevented dirt bikes from being ridden on the Cavaciuti’s 7-acre property on Candlewood Lane.

Volovski issued the order after receiving complaints from Susan and James Gnesda of 20 Candlewood Lane and Todd Klein of 19 Candlewood Lane, who said in letters that the noise generated by Dylan’s bike is frequent and unbearable, and that dust from the bikes is being kicked up and onto their respective properties.

Despite the setback with the Planning & Zoning Commission and having already spent thousands of dollars in legal fees, the Cavaciutis have made it clear that they are going to continue to fight the cease and desist order. Indeed, they still have a lawsuit in state Superior Court in Hartford pending against the town’s Zoning Board of Appeals, which upheld the cease and desist order in July 2011.

The Cavaciutis said they applied for the special permit to create the recreation area at the suggestion of the town attorney during their hearing before the Zoning Board of Appeals.

“I’m not stopping. I’ll go to the end. The only people who can shut me down now are in Hartford,” James Cavaciuti said. “I’m going to do whatever I can to get Dylan to ride. When there is no other avenue to go down, then it’s over. It’s a shame it’s come to this. …

“I just want to do for my kid. He’s only going to be my son once.”

Surprisingly, James Cavaciuti holds no ill will against the Planning & Zoning Commission, which James said did its due diligence in having several members along with Director of Community Development Fran Armentano come out to the Candlewood property on a Saturday to watch Dylan ride his bike to determine the noise that was actually generated.

The Cavaciutis do not look as kindly on Volovski or the members of the Zoning Board of Appeals, whom the family believes did not take the time to get the facts straight before issuing and upholding the cease and desist order.

Specifically, Tracy Cavaciuti said that multiple riders have not been on their property since Aug. 8, 2010, a full nine months before the order was issued.

“There was never more than Dylan riding in 2011,” Tracy Cavaciuti said. “When we got the cease and desist order, it had only been Dylan riding alone three times.”

Town officials on several occasions have noted that the Cavaciutis' cease and desist order was issued because of multiple riders.

Tracy Cavaciuti also said that Volovski never witnessed Dylan riding the bike and only went so far as the family’s porch, never inspecting the property on which the bike was ridden.

“It comes down to the town didn’t do its job up front. They could have left us alone and let us fight among ourselves,” said James Cavaciuti in reference to an alternative where Volovski could have not issued the order and have had the neighbors work things out amongst themselves, possibly in the courts.

The Planning & Zoning Commision, in its denial on Tuesday wrote in a draft decision that parties in similar situations can bring lawsuits in court under the common law nuisance cause of action.

“I would have been more than happy for [Gnesda] to put her money where her mouth is,” Tracy Cavaciuti said.

The Cavaciutis said that after the hearing before the Planning & Zoning Commission, they worked out a solution with Klein that would have allowed Dylan to ride his bike before 5 p.m. That left the Gnesdas as the only neighbors who are still on record as objecting.

Susan Gnesda, when reached by telephone, declined to comment for this article. Efforts to reach Klein were unsuccessful.

“[Gnesda] made it clear at the last meeting that she doesn’t see why she should give anyone her schedule,” Tracy Cavaciuti said.

The Cavaciutis said that they were surprised by the reaction the controversy has caused in town and saddened by the impact it has had on their Candlewood Lane neighborhood.

“It’s sad because this neighborhood has a vibe that nobody wants to interact,” Tracy Cavaciuti said. “This was a great neighborhood. We’re trying to restore what our property has been for 20 years. Our property rights were taken away from us that we had for 20 years because of one neighbor. She’s had many opportunities to stop this.

“It’s unfair to Dylan most of all."

Note: At least one resident expressed concern over whether the application fee for the recreation area would be returned by the town to the family. The Cavaciutis, for their part, said that they would not seek a refund.

“That’s the least of our problems,” Tracy Cavaciuti said.