Simsbury, CT - Zoning Commission Minutes

I. CALL TO ORDER

Austin Barney, Chairman, called the Regular Meeting of the Zoning Commission to order at 7:00 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Garrett Delehanty, Jr., Patricia Askham, Scott Barnett, Alexis Popik, and Alternate Madeleine Gilkey. Alternate Joseph Grace arrived at 7:02 p.m. Also in attendance were Hiram Peck, Director of Planning, Lois Laczko, Commission Clerk and other interested parties.

II. APPOINTMENT OF ALTERNATES

Chairman Barney appointed Commissioner Grace to sit for Commissioner Gallagher.

Commissioner Delehanty read the Call.

III. PUBLIC HEARING

a. Application of James and Allison Gozzo, Owners, for a Special Exception for business use separate from the residential use of the property pursuant to Article 7, Section C.1 of the Simsbury Zoning Regulations on property located at 22 Bushy Hill Road. R-15 Zone

T. J. Donohue, Attorney, spoke on behalf of this application. He said that this site is immediately adjacent to the West Street Self Storage facility to the rear, and the entrance to the property is on Bushy Hill Road through a right of way. The business on the site was originally an automobile business, but is now a furniture restoration business together with a home on a residential lot. Attorney Donohue said that when the Gozzo family bought the property Mr. Gozzo established a healthy furniture restoration business and moved the family to this site. With the development of the self storage facility the entire landscape and elevations were changed for this property. There was significant clear cutting of any possible buffer area near the home. He said that this uniquely affects the Gozzo family because of a daughter who is autistic and this has caused a health crisis within their family. Mr. Gozzo would like to continue operating his business on this site, but to rent the house out to someone who does not have any children who will not be impacted by the industrial use immediately next door. Attorney Donohue said that they went to the Zoning Board of Appeals and a Variance was granted for this property to enable him to continue doing business here and to rent the house out. He said that this allows the Zoning Commission to consider a special permit for this use. A discussion on the history of the zoning of this property followed.

Chairman Barney asked why Mr. Gozzo does not move his business and then just lease out the whole property. Attorney Donohue said that he does not have to face that as the Zoning Board of Appeals granted him a variance and also Mr. Gozzo is pleased with the location of the business and does not want to move it. Chairman Barney said that he spoke with the Town Attorney today and they both feel that this should be referred to him for a proper review. Attorney Donohue did not have a problem with that.

Commissioner Delehanty asked why they are before Zoning Commission if they have the special exception at this point. Attorney Donohue said that the Zoning Commission has cognizance over the special permit to allow residential use and business use on the same property. Commissioner Popik asked if this issue is just for this particular property and would not have any bearing on any other properties in town. Attorney Donohue said this would be unique to this property. Chairman Barney said that a variance does not set precedence.

Commissioner Delehanty asked what they are referring to the Town Attorney. Chairman Barney said that the entire matter is being referred. He would like to know whether this commission has the power to grant a special exception and he also has questions as to the role of the Zoning Board of Appeals and the action they took.

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Commissioner Popik said that this property has had a lot of contentious history and she would like people to think about between this evening and when the commission votes on it is that this is a variance and does not have any applicability to any other situation. She would like the commission to look at how they can make this happen as opposed to how they could stop it from happening. They are in a bad spot for both family and business and it is not easy to pick up a business and move it some place else. Commissioner Askham said that they cannot do spot zoning. Commissioner Popik suggested talking to the Town Attorney. Chairman Barney said that their job is to look at this as a land use issue and he is concerned that a special exception in this matter, no matter what the Zoning Board of Appeals has said, could be a virtual semi-rezoning of the property. He needs to be sure that this is not spot zoning. Commissioner Delehanty said that he hopes they can find a way to respond to the human circumstances.

Chairman Barney said that they will continue the matter at another meeting and asked the applicant for an extension. Attorney Donohue said they would do that. Chairman Barney opened the public hearing to public comment.

Joaquin Sastre, 12 Bushy Hill Road, abuts the Sastre property on the north side. He distributed a letter to the commission members on the history of the property. Mr. Sastre said that he brought the 22 Bushy Hill Road property and built his wood working shop there in 1965. At that time it was a small lot and zoned industrial. There was a little house on the site with someone living in it and that person also had a printing business being run out of the basement. Mr. Sastre said that this person moved out and he gutted the house and used it for storage. He sold the property after a number of years. It was used as a storage house for chemical distribution (soaps sold wholesale to hotels), and it was also used as the home base for a small taxi company. It was never an auto place. The property was then sold to Mr. Sevick who remodeled the house and moved in, as the owner of the house could live on the industrial site. He eventually had the property rezoned to R-15. Mr. Sevick sold the property to Mr. Gozzo. Mr. Sastre feels that if this change goes through it will allow anybody the right to operate a business because the change will flow with the land. Mr. Gozzo could sell the property and the new owner would be an off site landlord renting the house to one party and the business to yet another party. The zone change would fall into the category of a spot zone or split zone and this would inappropriate and out of character for a residential area.

Chairman Barney said that the public hearing will be kept open.

Commissioner Popik moved to amend the agenda so Item VId could be heard next. The motion was seconded by Commissioner Askham and passed unanimously.

VI. UPDATE/STATUS REPORT TO COMMISSION ON THE FOLLOWING DEVELOPMENT

d. Hoffman Project, Albany Turnike

T. J. Donohue, Attorney, spoke on behalf of this item. He said that the revised and final drawings were delivered to the Planning Department. All berm and tree work at the site has been completed. The interior berm on West Mountain Road has been pruned and the trees have been planted on the east quarter and the smaller trees and shrubs will be planted on the berm. A watering system will be installed after the planting is complete. The demolition of the auto services building will begin in a week or so. The environmental testing for the family across the street is complete and the results are negative as to Hoffman being the cause of their issue. Chairman Barney asked what the source is. Attorney Donohue said that there are historic sources in the neighborhood that are directly south of their home that cannot be ruled out.

Attorney Donohue said that they are going to meet with the neighbors in September to brief them on the status of the Hoffman project. Mr. Bender will co-ordinate that meeting. The Hoffman’s have instituted a used tire management program.

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IV. PRESENTATION(s)

a. Application of M. Sandra Macri, Owner, Richard A. deGrandis, Jr., Avon Barbershop, LLC – Agent, for Signage to be placed on property located at Avon Barbershop, 136 Hopmeadow Street.

Richard deGrandis, Avon Barbershop, spoke on behalf of this application. Chairman Barney asked if this sign would be lit. Mr. deGrandis said that he was told that he could have two no greater than 50 watt halogens not visible from the roadway shining up. The sign is 14-square feet. He also removed the signs that were on the road. Mr. Peck said that the sign proposed is in compliance with the zoning regulations. Mr. deGrandis said that he also would like a barber pole. Chairman Barney said that internally lit signs are not permitted nor are revolving signs. Mr. deGrandis said that the barber pole does not have to be lit or turning. There are also two other barbers in town who also have barber poles. Commissioner Askham said that they were grandfathered. Chairman Barney said that as long as the pole is not lit and does not turn it would be okay. He would also like the Zoning Enforcement Officer to make sure that it is not wired in anyway. Mr. deGrandis agreed. The stand alone sign was reduced from what he originally requested and he will do plantings around it with and also install ground lighting.

b. Application of Raquel Fisher, Tenant Coordinator, Eden’s & Avant, Owner, Shannon M. Conover, President & CEO, Signs Direct, Inc. – Agent for Signage at the Huntington Learning Center, Simsbury Commons, 530 Bushy Hill Road.

Eric Botel, Owner of the Huntington Learning Center, spoke on behalf of this application. He lives at 2 Westside Drive, Simsbury. The application went to the Design Review Board last week and they conformed to the Design Review Board regulations for the proper design of the sign. Commissioner Askham questioned the color green. Mr. Botel explained that he has to keep the green as this is a new franchise. Mr. Peck said that the size and location comply with the zoning regulations and the unified sign package. Commissioner Gilkey asked if the sign is internally lit. Mr. Botel said no, it is back lit.

c. Application of Peter Zepha, Owner, for a Site Plan Amendment for a menu board to be placed on property located at Dunkin Donuts, 1193 Hopmeadow Street.

John Griffey spoke on behalf of this application. He said that they calculated the actual square footage for allowable signage. Mr. Griffey said that 274 square feet is allowed and there is 232 square feet of current signage. They are requesting 24 square feet and feels that they fall within the regulation. The sign will not be internally lit.

Chairman Barney and Steve Antonio, 133 Holcomb Street (owner of plaza) discussed the signage on his canopies and signage on his umbrellas (outside of Antonio’s/Hoops & Hops). Chairman Barney said that this type of signage is not permitted. Mr. Antonio said that the canopy signage has been there since 1993. Mr. Beach, Zoning Compliance Officer, will look into the regulations.

Commissioner Delehanty asked what the street signage interpretation is based on for Dunkin Donuts. Mr. Peck said it is based on three street frontages. Commissioner Barnett said that frontage to him means that a customer can walk in or out of that side of the building and it does not mean that it faces the street. He feels that by including those sides it is a lot of signage for not a lot of space. He used as an example Webster/Arts Exclusive that is also on a corner. Jim Yocom said that the menu board is not visible from Hopmeadow Street as it is on the side of the building.

Chairman Barney asked if the trees to the north of the drive thru alley way will remain in place. Mr. Griffey said branch trimming will occur, but no trees will be cut down. He said that more trees will be added. The menu board will be mounted flat to the building and 52” x 54” in size. Commissioner Askham asked what their time table is. Mr. Griffey said 90 to 120 days. Chairman Barney said that there is a red, white, and blue sign program in place at this

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site. Mr. Griffey responded that they would need something in writing to send to Dunkin Donuts that this program is in place. Chairman Barney said if the menu board is approved tonight the colors would be noted. Mr. Griffey explained that the signs are mass produced out west.

V. DISCUSSION AND POSSIBLE VOTE ON ANY AGENDA ITEM

b. Application of M. Sandra Macri, Owner, Richard A. deGrandis, Jr., Avon Barbershop, LLC – Agent, for Signage to be placed on property located at Avon Barbershop, 136 Hopmeadow Street.

Commissioner Askham moved to approve with conditions that the barbershop ole not be lit or moving (no wiring to be installed), and that the street sign be three (3) panel, the application of M. Sandra Macri, Owner, Richard A. deGrandis, Jr., Avon Barbershop, LLC – Agent, for Signage to be placed on property located at Avon Barbershop, 136 Hopmeadow Street. The motion was seconded by Commissioner Barnett and passed unanimously.

c. Application of Raquel Fisher, Tenant Coordinator, Eden’s & Avant, Owner, Shannon M. Conover, President & CEO, Signs Direct, Inc. – Agent for Signage at the Huntington Learning Center, Simsbury Commons, 530 Bushy Hill Road.

Commissioner Popik moved to approve the application of Raquel Fisher, Tenant Coordinator, Eden’s & Avant, Owner, Shannon M. Conover, President & CEO, Signs Direct, Inc. – Agent for Signage at the Huntington Learning Center, Simsbury Commons, 530 Bushy Hill Road. The motion was seconded by Commissioner Delehanty and passed with a vote of 5-1. Commissioner Askham voted nay.

d. Application of Peter Zepha, Owner, for a Site Plan Amendment for a menu board to be placed on property located at Dunkin Donuts, 1193 Hopmeadow Street.

Commissioner Askham moved to approve with conditions that the menu board be flat to the wall, overhead lighting, and the trees to the north will be maintained the application of Peter Zepha, Owner, for a Site Plan Amendment for a menu board to be placed on property located at Dunkin Donuts, 1193 Hopmeadow Street. The motion was seconded by Grace and passed unanimously.

VI. UPDATE/STATUS REPORT TO COMMISSION ON THE FOLLOWING DEVELOPMENTS:

a. Billingsgate, Stratton Brook Road

Stuart Lot, 4 Pennington, President of the Billingsgate Condominium Association gave an update to the commission on Billingsgate. He said that it was developed by Roswell Associates of West Hartford, Connecticut. It is located on the southeast portion of Stratton Brook Road/Bushy Hill Road and is a 55 plus community with 37 units. To qualify as a 55 plus community 80% of the units must have at least one occupant over the age of 55 and the developer must comply with the rule once 20% of the units are sold. Mr. Lot said that the developer ignored the provision and in the early stages he sold six of the initial units to people not over age 55. He said that when the Homeowners Association took control they addressed their concerns to the developer and they received a commitment from him not to sell any additional units to individuals who do not meet the 55 plus criteria. They also took action by adding to their

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letterhead “A 55+ Community”, placed a sign over the community mailboxes “A 55 + Community”, and added a statement on the resale certificates that clarified that it is in fact a 55 + community. By August 1, 2007 they will have a 55 plus occupancy rate of 89%. Mr. Lot said that they are also updating their declaration on age restrictions to more closely follow the wording the Town Zoning Regulations and the Fair Housing Act. Greg McCracken, Attorney for the Association, briefly spoke on the recording of land records.

b. Powder Forest, Bushy Hill Road

William Donohue, Board President, Powder Forest Homes Association, and also the General Manager of the Powder Forest Homes gave an update on the Powder Forest Homes. He said that the first occupant moved in on June 12, 2006. They have currently closed on 42 homes with 40 homes occupied with people over age 55. Two homes are occupied by residents under age 55. They have 95% occupancy of over age 55. Their declarations are 80/20 and relate to federal and state law and their documents do not say that they will be a 100% 55 + community. Mr. Donohue said that they have one rental, which is allowed in their declarations. The Homeowners Association has to approve the lease, the lease must be for a year and the occupant must be over age 55.

Chairman Barney said the buffering around the Powder Forest is entirely useless. The white pines are not growing, plus there are a number of dead trees on the site. Mr. Donohue said that a year ago they planted approximately 400 trees around the perimeter. Ninety-five of the trees have died. They have replanted with about 150 trees and they seem to be doing okay. He said that they have also discovered in certain areas the soil needs lime. Mr. Donohue said that they have done some clear cutting in certain neighborhoods and because of the sun the white pines in those neighborhoods are growing.

c. Hopmeadow Place, 1 West Street

Art Boothby, 12 Linda Lane, works for Imagineers (managing company for Hopmeadow Place) gave an update on Hopmeadow Place. There are 66 units at Hopmeadow Place. He has documentation from 59 of the 64 sold units that the owners are over age 55. He feels that the average age is closer to 72 as this is one level living and attracts the older clientele. Chairman Barney asked if there are any rental units. Mr. Boothby said that the developer owns two rental units, which are only rented to people over age 55. The Condo Association has to approve the lease and the lease is for one year. He said that their Declaration is 80/20 (not 100%).

d. Hoffman Project, Albany Turnpike

Discussed after Item IIIa.

VII. APPROVAL OF MINUTES of July 2, 2007

Commissioner Delehanty moved to approve the minutes of July 2, 2007. The motion was seconded by Commissioner Askham and passed unanimously.

VIII. OTHER MATTERS AS MAY PROPERLY COME BEFORE THE COMMISSION

Chairman Barney discussed a letter he received from Lou George, Chairman, Economic Development Commission objecting to the fee ordinance.

Chairman Barney and the Commissioners discussed the suggestion by the town on giving Commission/Board members a town email address so they would receive town related email on the town site and not their personal email sites. He said that all email is still subject to Freedom of Information (FOI) requests.

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IX. STAFF REPORTS

a. report from Planning Director, Hiram Peck

Mr. Peck said that the River Oaks Public Hearing date is set for September 24^th. He has sent correspondence to Legal Counsel on how this should be handled and will have more information at a later date.

Chairman Barney asked what the status is on the new Zoning Officer position. Mr. Peck said that this position has been advertised and the deadline for replying is August 1^st. It is a position as Assistant Zoning Enforcement Officer and Assistant Conservation Officer.

Chairman Barney said that he received an email (also addressed to J. Loomis, E. Dahlquist, and R. Miller) from Kirsten Greibel suggesting that she is now head of a new organization in town formed to raise money to allow the town to hire Land Use Consultants, and also doing the Charrette. She asked what they thought of that. He said that they had a working committee meeting on the PDD and discussed it. They thought that as long as there were no strings attached and there was no outcome predetermined that any group of citizens in town that want to help the town raise money to hire consultants in their behalf would be fine. Mr. Peck said that it is important to point out that no matter who proposed to give money to the town there is always questions on where it came from.

b. report from Zoning Enforcement Officer, Howard Beach

Commissioner Delehanty moved to adjourn the meeting at 9:00 p.m. The motion was seconded by Commissioner Barnett and passed unanimously.

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Garrett Delehanty, Jr., Secretary