Simsbury, CT - Zoning Commission Minutes

Chairman Austin D. Barney called the regular meeting of the Zoning Commission to order at 7:00PM at the Eno Memorial Hall Auditorium. The following members were present: Scott Barnett, James Gallagher, Garrett Delehanty, and Patricia Askham. Also in attendance were Hiram Peck, Director of Planning, Lisa Shaw, Commission Clerk and other interested parties.

Application of Gregory Edestin, Regional Property Director, E&A/I&G Simsbury Commons LG – Owner, Michael Catellier, Manager, Stop & Shop Supermarkets, Agent, requesting permission for a three year permit to place a temporary, portable greenhouse on its location for approximately three months of each year (April – July of 2007, 2008 and 2009) at the Super Stop & Shop, 498 Bushy Hill Road.

Ms. Christine Levine, Florist Manager at Stop and Shop spoke on behalf of this application. Stop and Shop wishes to install a temporary 20-foot wide by 48 feet long, clear plastic greenhouse structure in their parking lot in order to sell plants and flowers for approximately three months each year. The previous 3 -year permit has expired and they are seeking to renew it for another three years.

Commissioner Askham moved to approve the application of Gregory Edestin, Regional Property Director, E&A/I&G Simsbury Commons LG – Owner, Michael Catellier, Manager, Stop & Shop Supermarkets, Agent, requesting permission for a three year permit to place a temporary, portable greenhouse on its location for approximately three months of each year (April – July of 2007, 2008 and 2009) at the Super Stop & Shop, 498 Bushy Hill Road. The motion was seconded by Commissioner Gallagher and passed unanimously.

Application of Phyllis Hoffman, Owner, T. J. Donohue, Attorney, Killian & Donohue, LLC, Agent, for a Zone Change from R-40 to B-3 on property located at Hoffman Plaza West at 36 Albany Turnpike and 395 West Mountain Road. (continued from meeting of 3/5/07)

WHERAS, the applicant has proposed rezoning for the northern portion (5.433 acres) of 28-34 Albany Turnpike which is 17.542 acres in total size, from R40 to B-3, as well as for the Markie parcel which is 5.977 acres in size, at 395 West Mountain Road for R-4- to B-3; and

WHEREAS, the Commission finds the proposed rezoning of the Markie parcel at 395 West Mountain Road represents an unacceptable encroachment of the commercial zone into an established residential area and in addition the Markie property is separated by a fifty (50) foot wide strip of land owned by an individual who is not a party to this application, nor is that foot separating strip proposed to be rezoned as part of this application; and

WHEREAS, the Commission finds the proposed rezoning of the Markie property at 395 West Mountain Road would extend the commercial zone in this area when it has never been the intention or desire of the Zoning Commission to do so, and:

WHEREAS, the applicant has shown on a submitted site plan, information that the proposed development could be accommodated on the existing 17.542 acre Hoffman parcel without exceeding the maximum allowable lot coverage of 60%, and has also so stated during public hearing on this matter.

THEREFORE BE IT RESOLVED, that the Application of Phyllis Hoffman, Hoffman Enterprises, owner, Attorney T. J. Donohue, Killian & Donohue, LLC, Agent; for a Zone Change from R-40 to B-3 on property located at Hoffman Auto Park at 28-44 Albany Turnpike and Markie at 395 West Mountain Road as shown on the Zone Change/Vicinity Map dated 11/02/06 prepared by Milone and McBroom is hereby denied in part and approved in part as follows:

The proposed rezoning of the Hoffman Property shown on the referenced Zone Change/Vicinity Map as that cross hatched area shown on Map A-20 Lot 503-2AA and the northern most portion of Lot 503-2E which is also cross hatched is APPROVED to be rezoned to Zone B-3.

Application of Phyllis Hoffman, Hoffman Enterprises – Owner, T. J. Donohue, Attorney, Killian & Donohue, LLC, Agent, for a Special Exception, pursuant to Article 8, Section A9 of the Simsbury Zoning Regulations for Coverage on property located at the Hoffman Autopark, 28 – 44 Albany Turnpike. (continued from meeting of 3/5/07)

WHEREAS, the applicant is seeking approval of a Special Exception for approval of the Town maximum permitted site coverage of 605 of the site as allowed by Simsbury Zoning Regulations and as shown on the Site Plan dated February 12, 2007 prepared by Milone and McBroom titled Hoffman Autopark Redevelopment; and

WHEREAS, the Commission notes that the Site Plan shows an existing site coverage, which was never permitted, at 61.4%, but that the proposed site plan for the Hoffman property, which lies south of the fifty (50) foot wide strip of property of Fiora, has a proposed site coverage of 60% under the present application; and

WHEREAS, the application has also acknowledged that the proposed construction of the Best Buy Store, the Toyota automobile dealership, the Honda automobile dealership, and the Nissan automobile delaership and all related storage, parking, walkways, and other impervious areas would be able to be constructed within the limits of the maximum of 60% total site coverage for all impervious areas; and

WHEREAS, the Commission has received either specific information for the file on this matter or testimony on the record from the applicant indicating compliance with the site plan requirements as required by Article 5 Section J of the Zoning Regulations.

THEREFORE BE IT RESOLVED, that the application of Phyllis Hoffman, owner, Attorney T.J. Donahue, Killian & Donahue, LLC agent; for a Special Exception for site coverage pursuant to Article 8, Section A(9) of the Simsbury Zoning Regulations on property located at Hoffman Auto Park at 28-44 Albany Turnpike as shown on the Site Plan dated February 12, 2007 by Milone and McBroom for a maximum of 60% site coverage is hereby APPROVED only in so for as it pertains to the Hoffman property and not the Markie property shown on the referenced map.

Application of Phyllis Hoffman, Owner, T. J. Donohue, Attorney, Killian & Donohue, LLC, Agent, for a Site Plan Approval for redevelopment on property located at Hoffman Plaza West at 28 – 44 Albany Turnpike, 36 Albany Turnpike and 395 West Mountain Road. (continued from meeting of 3/5/07)

WHEREAS, the application has submitted a Site Plan dated February 12, 2007 which shows the proposed redevelopment of the property at 28-44 Albany Turnpike and including the Markie property at 395 West Mountain Road; and

WHEREAS, the applicant has also submitted a photometrics plan dated December 21, 2006, and site plans including layout and landscaping, grading, utilities, sediment, and erosion controls and details and specifications and site details last revised February 16, 2007; and

WHEREAS, the applicant has shown the gross square footage for the proposed buildings to be a follows: Honda @ 30,046 square feet, Toyota @ 37,022 square feet, Nissan and auto body shop @ 37,138 square feet and Best Buy and Munson’s @ 32,364 square feet, for a total building gross square footage of 136,570; and

WHEREAS, the Commission discussed the issue of groundwater quality as it has received testimony and correspondence from the applicant and neighbors regarding groundwater quality issues in the immediate area. The applicant has indicated that coordination and compliance with the requirements of the Connecticut State Department of Environmental Protection regarding a reported well contamination issue is being addressed at this time and will continue; and

WHEREAS, the applicant has also testified that proper applications have been made to the State Traffic Commission (STC) in regard to the proposed traffic generated from the proposed redevelopment and any necessary modifications that the applicant will be required to make as a result of the STC permitting process including provision for an east bound left hand turning lane into the Hoffman site; and

WHEREAS, the Commission has also received correspondence from abutting towns regarding the possible implementation of the improvements to Route 44 in the area of the site as recommended by the Route 44 Corridor study completed in 1998, which improvements should be discussed with the STC during the permitting process; and

WHEREAS, the Commission notes that while it has not yet received detailed floor and building plans from the applicant for all the proposed buildings, it has received a notice of a recommendation for approval of the proposed buildings from the Simsbury Design Review Board from their meeting of January 9, 2007; and

WHEREAS, the Commission finds the proposed redevelopment of the Hoffman property with a proposed Conservation Easement area, to be acceptable with modifications, the Markie site portion of the proposed site plan is denied as it is not the proper zone or location for the addition of these commercial uses in the residential zone.

THEREFORE BE IT RESOLVED, that the application of Phyllis Hoffman, owner, Attorney T.J. Donahue, Killian & Donahue, LLC agent; for Site Plan approval for redevelopment on property at Hoffman Auto Park at 28-44 Albany Turnpike and Markie at 395 West Mountain Road as shown on the submitted Site Plans as noted above is hereby approved in part and denied in part as follows.

Survey. An A-2 survey showing the approved rezoning of the Hoffman property up to but not including any property of Fiora and Markie, shall be provided for the Zoning Commission’s file. The survey shall show the revised Conservation Easement Area as approved by the Zoning Commission.

Conservation Easement. The Conservation Easement area is recommended to the Board of Selectmen for revision as follows: The Conservation Easement area shall not be decreased in any area along West Mountain Road on the Hoffman property and shall be underplanted as shown on the detailed landscaping plans and irrigated as agreed to by the applicant. In addition, the Conservation Easement area shall wrap around the entire unpaved area of the northern portion of the Hoffman property. The Conservation Easement is to remain in place in this configuration and in perpetuity.

Damaged Auto Storage Area. The area of the site in which any damaged automobiles are to be placed for either a short term or a longer term (such as waiting for parts) shall be protected from spills of liquids or chemicals or automobile fluids or acids by means of a significant protective small berm or “reveal” in the parking area. No fluid spills shall be allowed to exist without proper treatment or remediation. The parking surface berm or reveal shall be shown on the final site plan and constructed in the field prior to any CO (Certificate of Occupancy) for this building. Any vehicles containing fluids which are scheduled for removal to a parts yard or junk yard shall be completely drained of such fluids which shall be properly disposed of so as not to adversely affect the ground or groundwater on or below the site.

As Built Survey Required: The applicant shall provide an as-built survey to the Zoning Enforcement Officer showing the exact amount of actual site coverage prior to seeking a zoning signoff and prior to seeking the CO (Certificate of Occupancy) for any building. This may be done in phases if the applicant wishes, but the total maximum site coverage shall not exceed 60% as permitted by the Zoning Regulations and as is permitted by the granting of this Special Exception. This as –built plan shall also show the Commission approved revised open space easement as shown on the map discussed as part of item 13 below.

Lighting. The lighting on the site shall be adjusted so as to cover the site with adequate but not overly bright light, but shall not trespass into the Conservation Easement. This shall be verified to the Zoning Enforcement Officer by the light installer at the time of installation of lights.

Test Drive Restriction. The applicant has stated that they would make known to all automobile sales personnel that test drive activities are not to be conducted through the residentially zoned area of West Mountain Road. The Commission expects that this promise will be kept in order to protect the residents of this area from undue or excessive amounts of traffic over and above the normal daily street traffic over which the Commission has little control.

Timing of Deliveries. The applicant has also stated that they will, to the best of their ability, control the timing of the delivery of automobiles to the dealerships in this facility. If a particular shipment of automobiles must be made during the early morning or late evening hours, it is to be made in the area of the site furthest from the existing residentially used properties on West Mountain Road. The timing of such deliveries shall be the exception rather than the rule.

Signage. All proposed signage when submitted for permitting shall meet existing Zoning Regulations as well as the recommendations of the Design Review Board as expressed at their meeting of January 9, 2007. Any change in signage from what is existing as of this date shall be subject to a sign application that must be made and approved in accordance with all applicable policies and zoning regulations in effect at the time of application.

Landscaping. The applicant shall prepare an estimate for the installation of the proposed landscaping and maintenance of the same. This estimate shall be reviewed and approved by the Town Engineer. The applicant shall post a suitable bond to cover the installation of the proposed landscaping and the maintenance of the landscaping for a period of one (1) year from the date of installation. The amount of the bond shall be established the Town Engineer, and the form of the bond shall be approved by the Town Attorney. This bond shall be posted at the time of the request for zoning sign off for a building permit.

Site Maintenance. Information submitted during the course of the public hearing on these applications clearly indicates the site has not been properly maintained. The applicant indicated during the hearing that the site has not been properly maintained. The Commission requires as part of this approval that the site be completely corrected with regard to miscellaneous debris and materials that are currently stored on the site. The applicant is to continually maintain the site to prevent the collection or build up of any such debris on any portion of the site. This is especially true with regard to efforts to protect the groundwater in the area of this site.

The Commission does not approve any provisions for vehicular access to or from West Mountain Road to the Hoffman site other than that specifically required by the Fire Marshal for provision of emergency services. Such an emergency services access shall be constructed as required by the Fire Marshal and shall be used for emergency purposes only.

The applicant has indicated they would be willing to provide a twice a year report to the Town reporting on the clean up of the site and they have indicated that documentation in the form of photographs would be made part of such report.