Simsbury, CT - Zoning Commission Minutes

ZONING COMMISSION MINUTES

I. CALL TO ORDER

Austin Barney, Chairman, called the regular meeting of the Zoning Commission to order at timeMinute0Hour197:00 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Garrett Delehanty, Jr., James Gallagher, Scott Barnett and Alternate Madeleine Gilkey. Also in attendance were Hiram Peck, Director of Planning, Howard Beach, Zoning Compliance Officer, Lois Laczko, Commission Clerk and other interested parties.

II. APPOINTMENT OF ALTERNATES

Secretary Delehanty appointed Commissioner Gilkey to sit for Commissioner Askham.

III. PUBLIC HEARING(s)

a. Application of Jewel A. Gutman, Simsbury Chamber of Commerce – Agent, for a Special Exception for permission to sell alcoholic beverages (beer and wine) pursuant to Article Ten, Section H of the Simsbury Zoning Regulations in conjunction with Septemberfest 2007 to be held on September 7, 8, and 9, 2007 on Iron Horse Boulevard.

Postponed until June 4, 2007 meeting.

b. Application of William Miller for a proposed amendment to the Town of placeCitySimsbury’s Zoning Regulations to restrict size of buildings for large scale retail development except where there is a curb cut to Route 44. Continued from meeting of dateYear2007Day7Month5May 7, 2007.

Chairman Barney said that this item had been kept open from the last Zoning Commission meeting so they could receive the referral from the Planning Commission. The referral has been received. He has also received a letter from Mr. Miller and a letter from Mr. George Mason. Chairman Barney read the Planning Commission’s referral dated dateYear2007Day21Month5May 21, 2007. Commissioner Delehanty read into the record the referral from the Capitol Region Council of Governments (CRCOG) dated dateYear2007Day20Month4April 20, 2007. Chairman Barney closed the Public Hearing.

c. Application of Jonathan Batterson, Owner, Gregory Maglieri, Maglieri Development, LLC – Agent, for a Special Exception for earth excavation pursuant to Article Ten, Section D of the Simsbury Zoning Regulations on property located at addressStreet344 West Mountain Road.

Richard Case, Attorney, placeCityAvon, StateConnecticut spoke on behalf of this application. He said that this commission needs to make a determination as to whether or not Article Ten (excavation process) applies to this application. He said that if the commission opts that this does not apply then they do not have to make a presentation here this evening. If it does apply, then there are two portions of the section that they have requested a variance from the Zoning Board of Appeals, which will be heard this Wednesday (5/23) night. First is a section that requires a 100-foot separation for excavation from the property line and secondly that the slope be 2:1. Chairman Barney asked Attorney Case why it would not apply. Attorney Case discussed the history of the earth excavation regulation. The first appears in 1957 with a text amendment in 1959. He said that the excavation permit was really intended for on-going mining operations. Subdivisions have been approved over the past 50-years without the applicant going before this commission for an excavation permit.

Chairman Barney said that things have changed in 50-years. It does fall to the Zoning Commission purview as it is an issue of public safety. There is now more traffic involved and there also is the density of development. The truck traffic for excavation is a serious issue for traffic control and safety in the streets. Attorney Case said that they have been through all the earth excavation process when they went before the Planning Commission to get the subdivision approval. Chairman Barney proposed that the Zoning Commission discuss it, but he feels that a permit should be required.

Commissioner Gilkey said that any excavation will have impact on ground water, drainage, septic and wells. Each land use commission has specific points of interest. Ms. Gilkey said that she would like to walk the site. Commissioner Delehanty said that the regulation does need to be re-written, but for now it written as it is.

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Attorney Case said that they need to get a variance from the Zoning Board of Appeals and asked that this hearing be kept open. Chairman Barney said that this public hearing will be kept open. Staff will organize a field trip.

A member of the audience (neighbor of that site) asked how many truck loads needed to take out 12,000 cubic yards of dirt. Attorney Case said 700 truck loads.

d. Application of Phyllis Hoffman, Hoffman Enterprises – Owner, T. J. Donohue, Jr., Attorney – Agent, for a Special Exception for earth excavation pursuant to Article Ten, Section D of the Simsbury Zoning Regulations on property located at the Hoffman Autopark, 28 – 44 Albany Turnpike.

T. J. Donohue, Attorney, Killian & Donohue, spoke on behalf of this application. He said that this is a site in an application that has been previously approved for a zone change and site plan approval by this commission. Site conditions have changed. It has been discovered that there is less ledge and in areas that had appeared to be sand and gravel that there was loam from 1-foot to 3-feet deep. They have now filed this application per Article Ten for earth excavation. Attorney Donohue said that 8,000 cubic yards of loam are to be removed from this site and they will bring in 8,000 cubic yards of sand and gravel. This is base material mostly for a parking area.

Mike Hemzy, Senior Construction Manager, Carpenter Construction, also spoke on this application. Mr. Hemzy said that based on the original soil borings it was anticipated that the onsite material would be sufficient for the use on the project. He said that when they started excavation grading, they found areas that were over 3-feet deep that had not shown on the test borings. Mr. Hemzy explained that test borings are not done totally over the entire site only at different locations on the site. He said that 8,000 cubic yards of loam cannot be used under parking areas or any structural areas now needs to be replaced with 8,000 cubic yards of material that is of a bearing capacity consistent with the industry. Mr. Hemzy said that they anticipate a maximum of 6 trucks per day and approximately two weeks to haul the material off the site. Chairman Barney said that this is 1,000 truck loads over two weeks (with the returns). The trucks will be hauling to Dunning Sand and Gravel in placeCityFarmington. Chairman Barney suggested that they speak to placeAvon as they have to haul up and down addressStreetWest Avon Road.

Chairman Barney asked when they plan to start this process. Mr. Hemzy said as soon as it is approved by this commission. The hours of operation are timeHour7Minute307:30 a.m. through timeHour16Minute304:30 p.m. The site corridor will be swept everyday.

Chairman Barney opened the public hearing to public comment.

Jean Flynn, addressStreet389 West Mountain Road, said that the construction has been starting earlier than timeHour7Minute307:30 a.m. (timeHour7Minute07:00 a.m.). He would like them to stick to the timeHour7Minute307:30 a.m. start up time.

Harold Bender, addressStreet6 Maureen Drive, asked how much of the area has been excavated. The retention basin that was in existence does not have any more soil in it. It is now just sand. He does not want a misconception of what is going on. To the best of his knowledge the loam has been removed from that area. Mr. Beach said that roughly two to three feet of loam was in the previous detention area. The top soil has been taken out of the area and they have started shaping the detention basin. One of the first priorities of the project is to get the detention basin stable.

Chairman Barney asked Attorney Donohue to have the hours of operations strictly started at timeHour7Minute307:30 a.m. and end at timeHour16Minute304:30 p.m.

Chairman Barney closed the public hearing.

IV. PRESENTATION

a. Application of Steven P. Walker, G-C Simsbury, LLC – Owner, for a Site Plan Amendment for Signage at Top Driver on property located at the Simsbury Town Shops, addressStreet914 – 928 Hopmeadow Street.

Commissioner Delehanty recused himself from this application and left the room at timeHour19Minute457:45 p.m.

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Steve Walker, Grove Properties Fund, said that they are proposing a sign for the second floor tenant, Top Driver, which is located over the Starbucks. The sign has been approved by the Design Review Board, but he was asked by them to reduce the size of the sign from 6-feet in length to 5-feet. They are willing to do that. Mr. Walker said that the sign would be lit with two goose neck lights to match the goose neck lights that are on the Starbucks building. The sign band will be white with gold leaf trim around the outside. The letters will be black.

Chairman Barney read the letter from the Design Review Board dated dateMonth4Day25Year2007April 25, 2007.

b. Application of Steven P. Walker, G-C Simsbury, LLC – Owner, for a Site Plan Amendment for alterations to the existing entry and shop store front at Geepers on property located at the Simsbury Town Shops, addressStreet914 – 928 Hopmeadow Street.

Steve Walker, Grove Properties Fund, said that he is proposing an elevation change to the Geepers store front that faces addressStreetIron Horse Boulevard. He showed the proposed change on a site plan. They are using the existing openings and will bring the windows down to the top of the concrete foundation so they are taller windows. The existing entrance will be replaced with an aluminum store front. Mr. Walker said that signage will be above the window with halide lights. There will be a white PVC trim going around the windows.

Chairman Barney read the letter from the Design Review Board dated dateMonth4Day25Year2007April 25, 2007.

V. DISCUSSION AND POSSIBLE VOTE

Commissioner Delehanty came back into the meeting at timeHour19Minute507:50 p.m.

Commissioner Gilkey said that there is a lot of passion involved in what Mr. Miller and his associates are trying to do. She said that she grew up in this town and has seen many changes over the years. While the essence of the town has changed, the basic overall look of the town has not changed. Everything that has been approved that has come into the town has been done so with great thoughtfulness by the Land Use Boards and Commissions. Commissioner Gilkey said that she has traveled all over and there are few towns that are laid out as beautifully as the Town of placeCitySimsbury. This has been done because those who serve on these Boards and Commissions are very thoughtful of not just what is being presented, but how it impacts the entire town. She is very proud to live here and to also serve the people of this town.

Commissioner Delehanty said that he would like to emphasize that they have a couple of things going on with this application. He said that they have this application that is to limit the size of large or moderate size retail development and then there is the about to be filed or pending application. Commissioner Delehanty said that in his mind he is keeping each of them separately. The purpose or the intention of this proposed regulation is to speak to River Oaks as well as speaking more generally of the vision of the future of the town. It is clear that there is a significant segment of the population of placeCitySimsbury which favors the kind of restriction that is proposed. The reasons for such a restriction include a conviction that retail uses of the size that are being sought to be prohibited would have a material and an adverse impact on traffic, a feeling that retail uses of the size that are being sought to be prohibited are out of character with the Town of Simsbury and a conviction that the retail uses of the size that are being sought to be prohibited will have an adverse impact on the market value of near by residential developments. Commissioner Delehanty said that he is

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unconvinced that the best way to proceed is to adopt an arbitrary cut off point between what is appropriate retail use and what is not. He said that there are a lot of existing projects in town which would now be prohibited if this restriction were to be adopted. He is inclined to vote against this proposed restriction and feels that it is bad pubic policy.

Commissioner Gallagher said that he has a problem with setting limits on the square footage of any project and will be voting against this proposed amendment.

Commissioner Barnett said that his biggest concern is the adverse effect this could have on the existing businesses in town. He cannot support this proposed amendment.

Chairman Barney said that he found this matter of enormous frustration because it is a valid topic for discussion in the town and this should have happened within the context of the revision of the Plan of Conservation and Development. He said that he does not know what size square footage is an appropriate number and he does not now what the impact of the number is. There has to be some analytical process that ties the economics of such a choice to the choice.

Commissioner Gilkey moved to deny the application of William Miller for a proposed amendment to the Town of placeCitySimsbury’s Zoning Regulations to restrict size of buildings for large scale retail development except where there is a curb cut to Route 44. The denial is based on the negative referral of the CRCOG report, the impact on existing businesses can be problematic and also to future development in town, the Planning Commissions negative referral, and the discussion here this evening. The motion was seconded by Commissioner Gallagher and passed unanimously.

d. Application of Phyllis Hoffman, Hoffman Enterprises – Owner, T. J. Donohue, Jr., Attorney – Agent, for a Special Exception for earth excavation to Article Ten, Section D of the Simsbury Zoning Regulations on property located at the Hoffman Autopark, 28 – 44 Albany Turnpike.

Commissioner Barnett moved to approve the application of Phyllis Hoffman, Hoffman Enterprises – Owner, T. J. Donohue, Jr., Attorney – Agent, for a Special Exception for earth excavation to Article Ten, Section D of the Simsbury Zoning Regulations on property located at the Hoffman Autopark, 28 – 44 Albany Turnpike with all conditions and modifications contained in the original approval remaining in full force and effect especially the limitations on the hours of operations (7:30 a.m. to 4:30 p.m.) in connection with the excavation work and all other work. The motion was seconded by Commissioner Gilkey and passed unanimously.

e. Application of Steven P. Walker, G-C Simsbury, LLC – Owner, for a Site Plan Amendment for Signage at Top Driver on property located at the Simsbury Town Shops, addressStreet914 – 928 Hopmeadow Street.

Commissioner Delehanty recused himself at timeHour20Minute158:15 p.m.

Commissioner Gallagher moved to approve subject to the Design Review Board comments the application of Steven P. Walker, G-C Simsbury, LLC – Owner, for a Site Plan Amendment for Signage (60 inches x 14 inches) at Top Driver on property located at the Simsbury Town Shops, 914 – 928 Hopmeadow Street. The motion was seconded by Commissioner Gilkey and passed unanimously.

f. Application of Steven P. Walker, G-C Simsbury, LLC – Owner, for a Site Plan Amendment for alterations to the existing entry and shop store front at Geepers on property located at the Simsbury Town Shops, addressStreet914 – 928 Hopmeadow Street.

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Commissioner Gallagher moved to approve subject to the Design Review Board comments the application of Steven P. Walker, G-C Simsbury, LLC – Owner, for a Site Plan Amendment for alterations to the existing entry and shop store front at Geepers on property located at the Simsbury Town Shops, 914 – 928 Hopmeadow Street. The motion was seconded by Commissioner Barnett and passed unanimously.

VI. APPROVAL OF MINUTES of dateYear2007Day25Month4April 25, 2007

Commissioner Delehanty returned to the meeting at timeMinute20Hour208:20 p.m.

Commissioner Barnett moved to approve the Minutes of April 25, 2007. The motion was seconded by Commissioner Gilkey and passed unanimously.

VII. OTHER MATTERS AS MAY PROPERLY COME BEFORE THE COMMISSION

VIII. STAFF REPORTS

a. Report from Zoning Enforcement Officer, Howard Beach

Mr. Beach briefly discussed his report with the Commission members.

b. Report from Planning Director, Hiram Peck

Mr. Peck said that he is working on the PDD regulations, but has not set a date for the workshop. He also said that Dover-Kohl Partners will be in placeCitySimsbury on May 30^th. They will be taking a tour of the town and will do an informal presentation on mixed use developments in various parts of the country that evening at placePlaceNameHenry PlaceNameJames PlaceNameMemorial PlaceTypeSchool beginning at timeMinute0Hour197:00 p.m. in the cafeteria.

Commissioner Delehanty moved to adjourn the meeting at timeMinute0Hour219:00 p.m. The motion was seconded by Commissioner Gilkey and passed unanimously.

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Garrett J. Delehanty, Jr., Secretary