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 PM in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Garrett Delehanty, Jr., James Gallagher, Alexis Popik and Alternate Madeline Gilkey. Also in attendance were Hiram Peck, Director of Planning, Debra Sweeney, Commission Clerk and other interested parties.

II. APPOINTMENT OF ALTERNATES

Chairman Barney appointed Commissioner Gilkey to serve for Commissioner Askham.

III. PUBLIC HEARINGS

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.

Jewel Gutman, addressStreet8 Daniel Lane, stated that she is the permitee for the Simsbury Chamber of Commerce for Septemberfest, an annual event in its 19^th year. She stated that they have insurance, trained volunteers and police officers lined up for the event and have not had any problems in the past 18 years.

Chairman Barney asked if forms of ID were required and Ms. Gutman responded that everyone is asked for ID and their hand is stamped. She also stated that the Chamber has letters from both the Police Chief and the Board of Selectmen endorsing the event. Chairman Barney stated that his historic stance on these matters is known, but did acknowledge that the Chamber does an admirable job of containing the event and providing good fun for all. Chairman Barney asked for any public input on the matter and there was none.

In light of the expected length of the other scheduled hearings, Commissioner Popik made a motion to amend the agenda to have a discussion and possible vote on the application of Jewel Gutman at this time. Commissioner Delehanty seconded the motion and it carried unanimously.

Commissioner made a motion to approve the permit, Commissioner Gilkey seconded the motion and it passed 4-1 (Chairman Barney voted “no”).

b. 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 344 West Mountain Road. (continued from meeting of

dateYear2007Day21Month5May 21, 2007)

Chairman Barney indicated that this hearing is a continuance from the prior meeting.

Attorney Richard Case, placeAvon, stated that he represented Mr. & Mrs. Batterson as well as Maglieri Development, LLC, who will be the builder and developer of the parcel. Also present were Gregory Maglieri, Michael Girard of Simscroft-Echo Farms and Chris Alford of Alford Engineering.

Attorney Case noted that, at the Commission’s last meeting, it was determined that Article Ten, Section D did apply and resulted in the applicant going to the Zoning Board of Appeals on

dateYear2007Day23Month5May 23, 2007 and successfully obtaining two variances: one allowing them to excavate inside 100 feet of a property line and the other to maintain a 2-to-1 slope, rather than the required 3-to-1 slope. Attorney Case also indicated that the Wetlands Commission granted the applicant permits on dateYear2007Day20Month2February 20, 2007 and that Planning Commission fully approved the subdivision plan, all drainage and excavation on dateYear2007Day27Month3March 27, 2007. Attorney Case also confirmed that the Commission members had all received letters of support from the two property owners (the Kaplans and the Petersons) who would be directly impacted.

Attorney Case reviewed the requirements of Article Ten, noting that all had been met by the applicant: excavation and grading in accordance with a subdivision plan, a performance bond, no fixed machinery on the site, no buildings other than residences, an approved drainage plan, a submitted safety and trucking plan, and no nuisance or pollution issues.

Attorney Case indicated that most of the grading that will occur in connection with creating a cul-de-sac of six building lots will be in the northwest corner off of addressStreetWest Mountain Road. The hill will not be taken down, but rather a side cut will be made and retaining walls will be constructed within the grading on the north side and will prevent erosion.

Mr. Girard gave an overview of the hauling process in connection with the removal of material from the site. He indicated that 30-foot borings indicated that there is sand and gravel under the top soil and that there should be no run-off, although there is a plan in place for any unexpected water to drain to the back of the site. Mr. Girard indicated that the material being removed can be used at other construction sites, such as placePlaceNameAvon PlaceTypeHigh School or the Simsbury Library project. He also stated that standard excavation precautions include proper warning signage, a temporary haul road running east to west, hours of operation to be 8:00 AM to 5:00 PM (no weekends or holidays). The majority of the material would end up on Route 44 via addressStreetWest Mountain Road to addressStreetBushy Hill Road, which is the most direct route.

Commissioner Gallagher asked how many trucks would be involved. Mr. Girard replied that there will be about 12,000 yards of material, which would be about 700 truckloads or about 42 loads per day. He anticipated that it would take approximately 2.5 months to complete the whole job. Chairman Barney asked if the construction site was considered part of the aquifer. Mr. Peck stated that the area is not mapped as such, but is sand and gravel. Chairman Barney asked about contingency plans for dealing with any spills. Mr. Girard stated that all fuel trucks have absorbent pads and key operators are haz-mat trained. Chairman Barney asked if any material would be brought into the site and Mr. Girard responded that there would be processed gravel for pavement and stone for around drainage areas.

Mr. Girard stated that the retaining walls will be built as they move through the project. Commissioner Gilkey asked about the elevation from the road. Mr. Maglieri stated that the existing grade to the road is currently 24 feet and the plan is to taper the grade three feet at a time with a series of six foot retaining walls. Chairman Barney asked about the effects on the treescape and Attorney Case indicated that the only disturbance would be the initial cut for the road entrance (about 126 feet). Mr. Maglieri also indicated that some large trees would be impacted in order to maintain sight lines.

Commissioner Popik stated that she was concerned about the inclusion of knotweed in the landscaping plan as this species is extremely invasive. Mr. Maglieri stated that he would ask CR3 to find an acceptable alternative.

Attorney Case stated that they also had a letter from the Police Chief stating that he had no issues. Chairman Barney asked for input from the public.

Harald Bender, Maureen Drive, stated that he was concerned about the timing of run-off in view of the recent major rainstorms and thought that retention ponds should be used to allow water to run off more slowly. He also wanted to know about loading on the roads and their ability to hold the truck traffic.

Attorney Case stated that, as this is a sand and gravel site, the water will go straight down and town and state rules require zero run-off time. Mr. Girard added that the site will have less run-off during the construction phase than it does now as the impervious topsoil will be removed. Mr. Girard also noted that the trucks must meet stringent DOT weight limit standards and are allowed to carry a maximum load of 18-20 tons. He was not aware of any weight ratings for roads.

John Slauenwhite, 11 Maureen Drive, stated that he was confused about the proposed truck routes. Mr. Girard replied that the trucks would be going both north and south on addressStreetWest Mountain Road in order to utilize the shortest route.

c. Application of Jim Blanchette, Owner, Jon Powell Agent, for a Special Exception for an automotive repair facility (Auto~Bon) pursuant to Article Seven, Section J.B of the Simsbury Zoning Regulations on property located at 89 Wolcott Road.

Commissioner Gallagher recused himself from the presentation and temporarily left the meeting as he is a nearby property owner. Jim Blanchette, owner of Auto-Bon, stated that he has run an auto service store since 1993, including 2-1/2 years in Tariffville. His business is currently located at addressStreet10 Herman Drive and he wishes to move his business into an existing building at addressStreet89 Wolcott Road, which is located across from placePlaceNameSimsbury PlaceTypeAirport. The building is vacant and deteriorating. It was built in 1964 and was used for maintenance and repair of cars, buses and trucks. The building has an in-ground lift capable of lifting 24,000 lbs. and provides the height needed for working on larger equipment, as well as space for an office area. Mr. Blanchette stated that it is his plan to try to make the building’s appearance more aesthetically appealing and that the Design Review Board has approved his plan.

Chairman Barney asked if there were any long term plans for all of the other buildings on the site, which are in pretty tough shape. Mr. Blanchette agreed that the other buildings are not in good shape and, although his current focus is on improving the main building for his business and he does not currently have any definite plans for the other buildings, he wants to possibly add new doors to the tobacco barn, take down the part that is hanging on the garage to the south, remove the rubble offsite and then decide what to do with the building later this year.

Chairman Barney confirmed that automobiles or machines needing repair would be kept at the back of the building and that there would be long-term parking on the north side. Vine plantings would be used to camouflage the unattractiveness of the building, a walk path would be added around the building with planters. While it is not a main road, the road that the building is on is a portal for the Town. Chairman Barney asked if there would be any used car or equipment sales activity and Mr. Blanchette stated that there would not be, noting that it does not really go hand-in-hand with the repair business.

Chairman Barney asked if there were any underground oil tanks on the property and Mr. Blanchette responded that there is one remaining fiberglass tank left, which he will be removing. Chairman Barney asked if there were any unregistered vehicles on the property and Mr. Blanchette stated that all had been removed as part of his purchase agreement for the property. Commissioner Gilkey commended Mr. Blanchette for his efforts in using recycled oil for heating. Mr. Blanchette said that, in the long run, the waste oil furnace is a cost saving measure; when the oil is removed from the vehicle is goes into a double wall container and then to the burner. Commissioner Gilkey confirmed with the applicants that the oil would be stored within the structure in above ground tanks.

Commissioner Gilkey asked if the Design Review Board had addressed the lighting plan. Mr. Powell, agent for the owner, indicated that low voltage lighting with time clocks would be used, there would be an under canopy light at the vestibule, which will be left open for key drops and will be monitored with a camera, and that there would be two sets of motion-activated lights for security in the parking lot areas. Commissioner Gilkey confirmed that the lighting would be on the perimeter of the building itself and not the property.

Chairman Barney noted that the application currently before the Commission is for the business use itself and that the applicant would have to make a separate application for signage approval.

Commissioner Delehanty noted that there is an error in the section reference in the legal notice and that “Section J.B.” should be corrected to be “Article Seven, Section F”.

Chairman Barney asked for input from the public.

Harald Bender, Maureen Drive, stated his concerns that tire storage (old or new) be stored in a dry fashion so that they do not collect water and become mosquito breeding sites. Mr. Powell stated that any tires awaiting pick-up will be stored on the eastern side of the property inside.

Commissioner Gallagher rejoined the meeting at this time.

d. Application of M. Sandra Macri, Owner, Richard A. deGrandis, Jr., Avon Barbershop, LLC – Agent, for a Special Exception to decrease the number of parking spaces required pursuant to Article Ten, Section E.5.a of the Simsbury Zoning Regulations on property located at 136 Hopmeadow Street.

Richard deGrandis, owner of Avon Barbershop, LLC, stated that his business is currently located in Riverdale Farms and that he is seeking to purchase a building located at addressStreet136 Hopmeadow Street and move his business to that location. Under Zoning Regulations requirements that there be 3.3 parking spaces per 500 square feet of building, his business would be required to have 11 parking spaces. However, the building currently has only seven spaces and Mr. deGrandis is seeking the Special Exception so that he can retain the seven spaces and not have to add any additional parking spaces.

Chairman Barney asked if Mr. deGrandis had any intentions to add any other business uses and Mr. deGrandis replied that he would like to eventually expand his business, but that it would be along the barber/beauty lines and not another type of business use. Chairman Barney noted that the current application would then probably be a temporary arrangement Mr. deGrandis said that he understood that he could submit his plans with “space in reserve” and Chairman Barney agreed that he could do so. Mr. deGrandis stated that Howard Beach, Town Zoning Enforcement Officer and Conservation Officer, had been kind enough to meet him at the site.

Chairman Barney asked if Mr. deGrandis anticipated any signage and Mr. deGrandis replied that he would be back for signage approval if his current application is approved. Mr. Delehanty confirmed that Mr. deGrandis’ purchase of the property was contingent on his getting this application approved. Mr. Peck stated that it had been determined that Mr. deGrandis’ business would be considered to be a “retail” classification under the current Town regulations for purposes of this application. Chairman Barney asked for input from the public.

Bob Hafner, 126 Hopmeadow Street, stated that he is president of the Talcott Acres Condominium Association. Mr. Hafner asked about the total size of the property and if there were plans for any additional buildings on the site. Mr. deGrandis replied that the property is .33 acres and that there would be no additional buildings on the site, just additional parking if the Town so requires it.

Judy Rabinovitz, 126 Hopmeadow Street, asked to see where any additional parking would go if it were to be required. Ms. Rabinowitz was shown a site plan on which the potential spaces (non-impervious surface) are indicated.

Priscilla Jansen, 132 Hopmeadow Street, stated that she was very concerned about any future parking expansion as there are wetlands located in that area. She stated that she was concerned about the sight line out of the driveway and that she questions how the existing building can be used as is and fears building expansion.

Mr. deGrandis indicated that he is currently running his business in 408 square feet and the new building is 1,600 square feet. Chairman Barney stated that any spatial limitations or inabilities to physically expand the building are the business buyer’s risk and not a concern of the Commission.

Tom Evans, addressStreet138-142 Hopmeadow Street (location of Wasabi restaurant), stated that his property abuts the property and that he fears his property will be impacted by overflow parking.

Chairman Barney, stated that, should this happen, there is a Zoning Enforcement Officer to assist with these issues.

IV. DISCUSSION AND POSSIBLE VOTE

b. Commissioner Popik moved to approve with conditions the 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 344 West Mountain Road. The approval is contingent upon all conditions applied to the subdivision by the Conservation Commission, the Planning Commission and the Zoning Board of Appeals being met; that all aspects of the excavation program as outlined in the applicant’s submission are followed closely and with special notice and attention to be paid to the safety aspects of the excavation program as submitted; that the applicant shall be responsible for providing any safety personnel deemed prudent and necessary by the Chief of Police or his designee in this matter; that excavation should be completed as quickly as possible in order to minimize the time this operation provides any unnecessary disturbance to the area and that the hours of operation be 8:00 AM to 5:00 PM; that any landing clearing activities be done as carefully and as quickly as possible; that no land clearing or excavation activities be allowed to begin until the Conservation Officer has inspected all erosion and sedimentation controls; that all erosion and sedimentation controls be properly installed and maintained throughout the excavation and site development activity until the site is stabilized; and that the Town Engineer be consulted as to whether any additional bonding is necessary. Commissioner Gilkey seconded the motion and it carried unanimously.

Commissioner Gallagher again recused himself and temporarily left the meeting at this time.

c. Commissioner Delehanty made a motion to approve with conditions the application of Jim Blanchette, Owner, Jon Powell Agent, for a Special Exception for an automotive repair facility (Auto~Bon) pursuant to Article Seven, Section F.2.B of the Simsbury Zoning Regulations on property located at 89 Wolcott Road. The approval is contingent on the understanding that the applicant will install the proposed landscaping within one year of approval, that the applicant will return for a signage application at a later date, and that the lighting will be as described to the Commission. Commissioner Popik seconded the motion and it passed 4-0).

Commissioner Gallagher rejoined the meeting at this time.

d. Commissioner Delehanty made a motion to approve the application of M. Sandra Macri, Owner, Richard A. deGrandis, Jr., Avon Barbershop, LLC – Agent, for a Special Exception to decrease the number of parking spaces from 11 to 7 as required pursuant to Article Ten, Section E.5.a of the Simsbury Zoning Regulations on property located at 136 Hopmeadow Street. Commissioner Popik seconded the motion and it carried unanimously.

V. FEE ORDINANCE

Chairman Barney stated that it has been recommended that each commission who might call upon the Board of Selectmen to put into effect a fee ordinance submit a motion of support for same. The proposal states that all commissions must indicate to the Town Planner that consultations are needed for large and complex projects and that such a suggestion must first go before the Board of Selectmen before any implementation. Currently under discussion is the definition of what constitutes a “large and complex project”. Current criteria under consideration, per Mr. Peck, are those projects that present potential impacts on the Town. He stated that there is a fairly rigid process to go through in order to prevent abuse. He also noted that many surrounding towns have such an ordinance in place due to the increasing costs of reviewing large or complex applications. Commissioner Gilkey suggested the use of the phrase “large and/or complex projects”.

Commissioner Gallagher asked who would bear the cost of any subsequent structural issues that may arise. Mr. Peck stated that, under State Building Code, local Building Officials have the ability to hire specialized engineers.

Commissioner Delehanty made a motion that the Zoning Commission strongly endorse the concept and the present embodiment of the proposed amendment of the placePlaceNameSimsbury PlaceTypeTown Ordinances to add this provision. Commissioner Gilkey seconded the motion and it carried unanimously.

VI. STAFF REPORTS

Mr. Peck stated that there has been some recent concern that the tree cutting activity in connection with the banquet facility has not been keeping with the plan that was submitted. The owners of the facility were equally concerned and it has been determined that the trees were not removed by the applicant, but rather in connection with the construction of a trail through the property as part of the Rails to Trails project. The trail was moved farther east so as to allow parking for Mitchell Auto. Mr. Peck stated that the owner of the facility has asked for a landscaping plan to screen the area as much as possible and that there will be a row of evergreens planted along the expanse of the trail. Chairman Barney and Mr. Peck sighted the need for more vigilance in the early stages of such projects.

Chairman Barney asked Mr. Peck to look into the status of the Town Engineer’s budget item project (landscaping and stairs) to improve the front of Apollo’s plaza as the entry area is dangerous and unattractive.

Mr. Peck summarized recommendations that were made by Victor Dover at last week’s joint commission meeting. Recommendations were made to finish the Plan of Development, which should be accomplished by September. A variety of options were presented:

· The Town could do nothing and simply accept and process any applications for those properties when they arrive. Any applicants for the northern and southern gateways would have to submit a zoning regulation change as there currently is no regulation in place.

· The Commission could complete work on the existing Plan of Development zoning regulation using existing staff and resources or special counsel resources. The estimated time for completion to finish the PDD would be approximately 30-60 days.

· Hold a charette to consider different levels of development in various locations in Town. However, such a course of action is expensive and would involve an extended period of time to complete. Mr. Peck pointed out that time is running out on utilizing budget funds that were set aside for the Plan of Development and zoning regulation amendments. He does not want to have to go back to the PersonNameBoard of Finance and say that the job has not been done. Chairman Barney stated that another contract should be made to finish the zoning regulation amendments so that the regulations get reworked so as to be understandable to applicants and functional for the Commission to use before the money runs out. Mr. Peck noted that there are also funds allocated in the next fiscal year. He felt he needed to meet with the original consultant that was previously engaged so as to determine what it would take to finish the project up.

Commissioner Popik asked if last week’s meeting meant that the Commission would approach the PDD differently. Chairman Barney stated the reason the consultant came was to advise the commissions on the PDD. The consultant gave his view that there were three areas in Town for which the PDD would be useful: the northern and southern gateways and the center of Town. His recommended planning charette would result in three very specific PDD’s for those three sites rather than a floating zone as all the sites are not the same. Chairman Barney felt that an argument could be made that the cost of engaging outside consultants for three complex sites using the traditional route could be higher than the estimated cost of a planning charette.

Mr. Peck stated that the PDD he had originally envisioned had a certain amount of flexibility and that what may happen is that an application may be submitted in the midst of discussions which will cause a tremendous amount of activity within all the land use commissions. He thought that efforts should continue to flesh out the current PDD and that if a charette is being considered then it should be determined what the scope is going to be, an RFP should be sent out and creative funding should be considered that includes the property owners and encourages their participation. He also noted that there are a number of foundations in the Northeast looking to take on such projects and that finding additional funding solely from the Town would be problematic.

Chairman Barney stated that, should an applicant come in with a PDD of its own, all that is required is that the Commission hold a Public Hearing and there is no need for panic. Commissioner Popik stated that the Town currently suffers from a reputation of not wanting any business here and that is not the case. Mr. Peck concurred that a zone change is at the Commission’s discretion, but felt that is was important to get a decent product in place in a reasonable period of time that conveys the right message that what is wanted is development that is good for the Town without overdevelopment.

VII. ADJOURNMENT

Commissioner Delehanty made a motion to adjourn the meeting at timeMinute30Hour219:30 PM. Commissioner Popik seconded the motion and it passed unanimously.

______________________________

Garrett Delehanty, Jr., Secretary