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: Patricia Askham, Scott Barnett, Garrett Delehanty, Jr., James Gallagher, and Alternates Joseph Grace and Madeleine Gilkey. Also in attendance were Hiram Peck, Director of Planning, Debra Sweeney, Commission Clerk and other interested parties.

II. APPOINTMENT OF ALTERNATES

III. PUBLIC HEARINGS

a. Application of Thomas S. Antonio, Trustee, Owner, JYG, LLC, Agent, for a Special Exception for restaurant use with a drive-thru window pursuant to Article 7, Section E.6.a of the placeCitySimsbury Zoning Regulations on property located at Dunkin Donuts addressStreet1193 Hopmeadow Street. B-2 Zone (continued from meeting of dateYear2007Day18Month6June 18, 2007).

John Griffey, the applicant, and Todd Parsons of Lenard Engineering presented changes made to their original design which were in response to traffic and pedestrian safety concerns expressed by both the Zoning Commission and the Design Review Board. The new configuration included removing 18 parking spaces, making the entry driveway one-way, a dedicated drive-thru line with 11 stacking spaces, angled parking, and eliminating an existing island replacing it with a much larger island. The dumpster enclosure area would be rebuilt so as to eliminate potential conflicts of cars backing up into pedestrian traffic and the entryway would be lengthened and angled so as to force cars to slow down as they enter. There would be a net loss of eight parking spots in the parking lot.

Ms. Askham inquired about cars entering from addressStreetHoskins Road and potentially gaining access to the drive-thru by driving across the store front. Mr. Griffey said that frequent customers will learn that they must enter from addressStreetHopmeadow Street in order to gain access to the drive-thru. Chairman Barney suggested that, absent the curb that had to be removed to provide adequate egress for the Fire Marshall, cones could be used to prevent car access in this manner. Chairman Barney asked if the Fire Marshall had reviewed the current design and Mr. Peck stated that both the Fire Marshall and the Town Engineer found it to be acceptable.

Chairman Barney asked about signage. Mr. Griffey said that 12 square feet had been eliminated from the menu board and it is the smallest that Dunkin Donuts will allow. The current green sign face would be replaced by a same size Dunkin Donut sign and the parking lot would have a directional, non-illuminated pointer sign. Mr. Barnett asked Mr. Peck about the signage calculations. Mr. Peck said that the menu board, which is 7’ x 4.5’, for a total of 31.5 square feet. Ms. Askham stated that she remembered the Commission establishing a uniform sign package at this location requiring that the colors be limited to red, white and blue. Mr. Gallagher also remembered establishing such a requirement. However, Chairman Barney noted that Town staff has been unable to find written evidence of the signage requirements. Ms. Askham also noted that the current green sign is non-conforming, as is the drive-thru window. Mr. Griffey stated that the trademark Dunkin Donut colors (orange and pink) are fairly important to the franchise, although conceded that these colors have been deviated from at other locations when required by local regulations. Ms. Askham questioned why the Town has unified sign packages if they are not going to enforce them.

Mr. Barnett asked about the frontage of the building and Mr. Parsons said it is 140 feet. Chairman Barney asked about the dimensions of the existing wall sign and Mr. Peck said that it was 13.5’ x 2’3”. Mr. Barnett asked how it was possible that the current applicant’s total signage of approximately 62’ could meet the 140 square foot limitations, given that there are also signs for the other occupancies (Antonio’s, Ski Tunes, Hoops & Hops and the pool store). Steven Antonio, owner of the property, stated that the parcel is unique in that it is triangular with three roads of frontage and that all three sides were included in the linear dimension, resulting in a total of 274 square feet of signage. Chairman Barney commented that normally only the main commercial façade is used for the calculation. Mr. Peck said that he would consult with the Zoning Enforcement Officer about this issue.

Mr. Griffey provided a drawing to the Board in which the three sides were used in past calculations and said that he would agree to the color restrictions of the unified sign package.

There was no public comment.

b. Application of Nord Christensen, Owner, for a Special Exception for a Montessori School pursuant to Article Seven, Section C.3 of the Simsbury Zoning Regulations to be located on property at Simsmore Square, 540 Hopmeadow Street. B-2 Zone (continued from dateYear2007Day18Month6June 18, 2007).

Mr. Peck stated that he had contacted the State and confirmed that the placePlaceNameMontessouri PlaceTypeSchool would be licensed as a pre-school child daycare center with a maximum of 20 students aged 3-5. Further, the Town Attorney advised that the Commission should focus on the use of the site in wrestling with the school vs. daycare issue. Mr. Delehanty confirmed with the school’s owner that the “placePlaceNameMontessouri PlaceTypeSchool” is a method of teaching and not a franchise and Chairman Barney confirmed with her that she had no signed agreements.

Ms. Askham asked about signs and Mr. Christensen stated that there would only be the one in front, which would be a substitution for the sign used by the previous tenant. Only the name would change; there would be no change to design or size.

Ms. Gilkey asked about the issue of transporting children to the play space through the parking lot. Ms. Toth indicated that she and her assistant would lead and follow the children and that cones would be put in place. She said that the trip to and from would only be made once per day and Mr. Delehanty recalled that it was stated at the last meeting that vehicular traffic in that area is rare.

IV. PRESENTATIONS

a. Application of Thomas S. Antonio, Trustee, Owner, JYG, LLC, Agent for a Site Plan Amendment to install a menu board on the north side of the building and for signage on property located at Dunkin Donuts, 1193 Hopmeadow Street.

Discussion of this application was covered in the Public Hearing.

b. Application of Duane Stagg, Ethel Walker School – Owner, for a Site Plan Approval to construct a house on property located at the Ethel Walker School, 230 Bushy Hill Road..

Peter Ernst, Architect, provided the Board with a site plan for a proposed new house to be built on the Ethel Walker campus. The previous site plan called for three faculty homes to be built and the revised plan is to now build one bigger house for the new Head of School, thus requiring a site plan amendment. Further, the Fire Marshall is requiring a fire access lane off of addressStreetDeer Park Road and the current site plan now includes that as well. Chairman Barney asked about the house size and Mr. Ernst said that it is 5,200 square feet within two stories, not including the garage. Mr. Ernst also indicated that the house will be of modular construction with vinyl siding and trim.

c. Application of Peter Anderson, placePlaceNameWestminster PlaceTypeSchool – Owner, Ronald Bomengen, Agent, for a Site Plan Approval for a new academic building on property located at the placePlaceNameWestminster PlaceTypeSchool, addressStreet995 Hopmeadow Street.

Kent Schwendy of Fuss & O’Neill and Peter Anderson of Westminster presented a plan for construction of a new building to replace the academic center and library which are currently located in Baxter Hall and to modernize classrooms and add some lab facilities. Chairman Barney asked if the old building would be demolished and Mr. Schwendy indicated that a decision has not yet been made by the School as to whether to demolish it or use it for another application. Mr. Schwendy indicated that the site plan also provides for the demolition of one faculty home and the relocation of another. A new parking lot would add nine additional parking spots and a third-tier overflow gravel lot would be added for events. Finally, the softball field would be relocated and the current soccer field would be reconstructed to be a varsity softball field and a field hockey field.

The proposed building will be heated and cooled by a geothermal heat transfer system using a heat pump, but not will not require a boiler, condenser or oil tanks. The system would be totally contained and would involve a series of bore holes being made in the parking lot area.

Mr. Schwendy stated that the location of the building on the campus is consistent with the master plan, the ultimate goal of which is to eventually create a pedestrian-only area that is completely separated from vehicular traffic. Mr. Schwendy stated that the School has been granted a variance from the Zoning Board of Appeals for the height of the three-story building, the elevation of which is 59’4”, as the placeCityWestminster campus is in a residential area. The design has also been reviewed and approved by the Design Review Board. Mr. Delehanty asked about visibility from addressStreetHopmeadow Street and Mr. Schwendy indicated that there was none.

Chairman Barney asked about green technologies being used in the building. Mr. Schwendy responded that the building is proposed to be a lead silver certified building and that the applications have been started towards getting this certification. Mr. Schwendy indicated that one of the green technologies will be to provide infiltrators so that run-off is not increased from that part of the site. Chairman Barney asked about the lead standard checklist and Mr. Schwendy stated that the main site criteria include drainage, removal of total suspended solids, the erosion and sedimentation control plan, the preservation of existing trees, and accessibility. Criteria inside the building include air quality, sound attenuation, overall power consumption, lighting, the use of renewable or reused materials, and the use of natural light for internal lighting.

Chairman Barney confirmed that the application for the special exception includes construction of the building, the creation of parking lots, the relocations of various fields, improvements, miscellaneous walks, relocation of various roads, demolition of an existing building and the relocation of one house, but does not include changes to Baxter Hall. Mr. Delehanty asked if the excavation would involve any material ending up offsite and Mr. Schwendy indicated that it would not. The only materials being brought in would be gravel, processed aggregate for surface finishes.

d. Status update on Hoffman project on Route 44.

Mr. Peck stated that Ray Donohue was to have been present to provide answers to the Commission’s questions, but that he had been called away. He provided written notes that Ms. Askham read:

1. Revised and final drawings are to be delivered to the Planning office this week.

2. All special permit excavation was completed by mid-June.

3. Berm and tree work at site.

a. Pruning at perimeter on addressStreetWest Mountain Road to start dateMonth7Day5Year2007July 5, 2007

b. Planting of trees at east border and seeding of slope dateMonth7Day9Year2007July 9, 2007

c. Planting of trees on addressStreetWest Mountain Road to start dateMonth7Day10Year2007July 10, 2007

d. Water system to be installed after planting is complete.

4. East border trees and planting are shown on revised plans. This work is done to avoid a retaining wall as previously noted on the plan.

5. Environmental testing on site re: placePlaceNameWest PlaceTypeMountain well has been completed and all preliminary results are negative.

6. Hoffman plans to meet with neighbors in September to brief them on progress on plan.

Mr. Barnett asked if the outbound trucks were done; Mr. Peck indicated that they were, but was uncertain as to the status of inbound trucks bringing in new material. Chairman Barney said he would like to hear some input from the resident with the affected well. Mr. Peck stated that independent testing was done and the results were sent to the DEP after the protocol was established and approved by DEP. Chairman Barney asked when construction was expected to begin. Mr. Peck stated that the final plans should come in this week and he will review them and decide if they should go forward to the Commission(s). Mr. Peck was not aware of any court dates for the two neighbor appeals.

Chairman Barney stated that he would also like an update on the placePlaceNamePowder PlaceTypeForest project as well as age restriction updates at the addressStreetBillingsgate and One West Street sites. Mr. Peck said that the Town Attorney has sent documents to the Billingsgate association.

Ms. Askham made a motion to amend the agenda to address the discussions and possible votes at this time prior to the informal presentation. Ms. Gilkey seconded the motion and it passed unanimously.

V. DISCUSSION AND POSSIBLE VOTE

Mr. Gallagher asked if Fire Marshall approval had been obtained for the Dunkin Donut plan and Mr. Peck indicated that the Fire Marshall has seen the final plan and verbally approved it. Chairman Barney stated that he would like to see the approval in writing. Chairman Barney felt there is a real issue regarding the allowable sign square footage even if the three sides of frontage are used in the calculations. Mr. Peck stated that sometimes menu boards are not considered in the calculations and that the Commission can exceed the limitations by special exception. Chairman Barney stated that he is concerned about consistency and fairness in the system and proposed that the site application with only a frontage sign be considered and that the action on the menu board be held aside until the square footage calculations can be finalized and confirmed. He added that he had a problem with removing existing signage allotments even if they were due to past Commission error.

a. Mr. Delehanty made a motion to approve the application of Thomas S. Antonio, Trustee, Owner, JYG, LLC, Agent, for a Special Exception for restaurant use with a drive-thru window pursuant to Article 7, Section E.6.a of the placeCitySimsbury Zoning Regulations on property located at Dunkin Donuts addressStreet1193 Hopmeadow Street. B-2 Zone as submitted with respect to the reconfiguration of the parking lot, the establishment of a drive-thru window, the granting of a Special Exception for restaurant use with drive-thru, the relocation of the drive-thru window as submitted without action on the menu board sign but with the existing signage included and being acted upon to conform to the unified site plan color limitations and with the condition that written approval be obtained from the Fire Marshall. Mr. Barnett seconded the motion and it carried unanimously.

b. Ms. Askham made a motion to approve the Application of Nord Christensen, Owner, for a Special Exception for a Montessori School pursuant to Article Seven, Section C.3 of the Simsbury Zoning Regulations to be located on property at Simsmore Square, 540 Hopmeadow Street. B-2 Zone with the conditions that this is not a school and has a maximum of 20 students ranging in age form 3 to5 years old; that the applicant provide a copy of the new license for this location for the file; that signage will be consistent with a change of identity only and there will be no change in size or location; and that all appropriate safety measures will be taken when moving children through the parking lot to the play area . Mr. Delehanty seconded the motion and it passed unanimously.

c. Mr. Gallagher made a motion to approve the application of Duane Stagg, Ethel Walker School – Owner, for a Site Plan Approval to construct a house on property located at the Ethel Walker School, addressStreet230 Bushy Hill Road as submitted. Mr. Delehanty seconded the motion and it passed unanimously.

d. Ms. Askham made a motion to approve the application of Peter Anderson, Westminster School – Owner, Ronald Bomengen, Agent, for a Site Plan Approval for a new academic building on property located at the Westminster School, 995 Hopmeadow Street with the condition that all erosion and sedimentation controls are required to be installed prior to any earth disturbing activities and that final Fire Marshall approval will be obtained. Mr. Gallagher seconded the motion and it passed unanimously.

Chairman Barney commended placePlaceNameWestminster PlaceTypeSchool for their efforts towards achieving a lead silver certification as well as their excellent presentation.

VI. INFORMAL PRESENTATION

Gerry Toner, Director of Parks and Recreation, and Attillio Ceneviva, manager of Attillio’s at Simsbury Farms, gave an informal presentation relative to allowing a liquor permit to serve beer and wine at Attillio’s restaurant on property located at Simsbury Farms, 100 Old Farms Road. Mr. Toner stated that a master plan study for improvements to the golf course was done in 1997 and since then significant investment has been made in upgrading the course. In 1998 a consultant produced a master plan for the remainder of the Simsbury Farms facility and it addressed improvements to the pro shop/snack bar building, locker rooms and restaurant. The restaurant opened in 2003 and is the only course of 45 public and/or municipal courses in placeStateConnecticut that does not currently serve beer or wine to its customers. Mr. Toner stated that Attillio Ceneviva was retained in 2005 to operate the golf course restaurant and currently user satisfaction is at its highest level ever. Mr. Ceneviva stated that he has been managing the restaurant for three years and that the liquor permit is needed to improve Town services and increase its revenue and to stabilize the restaurant and make it safer as the current “BYOB” policy offers no control over consumption of alcohol on site.

Chairman Barney noted that this has been a fifteen-year long discussion and the historical problem has been the failure to construct an access road so that cars exiting from areas where alcohol is consumed are not bypassing the pool and recreation areas. Mr. Toner indicated that a maintenance barn would also have to be demolished in conjunction with the construction of the road.

Ms. Askham made a motion that Chairman draft a letter to the Parks & Recreation Commission with copies to the Board of Selectmen and Board of Finance indicating that the Zoning Commission would be receptive to an application for a liquor permit to serve beer and wine at the Simsbury Farms restaurant provided an access road that diverts traffic away from the pool and recreation areas is constructed. Mr. Delehanty seconded the motion and it passed unanimously.

VII. APPROVE MINUTES

Mr. Delehanty made a motion to approve the minutes of the May 21, 2007 Regular Meeting. Mr. Barnett seconded the motion and it passed unanimously.

Ms. Askham made a motion to approve the minutes of the June 13, 2007 Special Joint Meeting of the Zoning Commission, Planning Commission and Conservation Commission/Inland Wetlands and Watercourses Agency,. Mr. Delehanty seconded the motion and it passed unanimously.

Mr. Delehanty made a motion to approve the minutes of the June 18, 2007 Regular Meeting. Ms. Askham seconded the motion and it passed unanimously.

VIII. OTHER MATTERS

IX. STAFF REPORTS

Mr. Peck stated that an extension until dateMonth9Day24Year2007September 24, 2007 for the hearing on the River Oaks application has been received.

Mr. Delehanty made a motion to adjourn the meeting at timeHour21Minute209:20 PM. Mr. Grace seconded the motion and it passed unanimously.

______________________________

Garrett Delehanty, Jr., Secretary