Simsbury, CT - Zoning Commission Minutes

Austin Barney, Chairman, called the Regular Meeting of the Zoning Commission to order at timeHour19Minute07:00 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 Popick and Alternate Madeline Gilkey. Also in attendance were Hiram Peck, Director of Planning; Howard Beach, Zoning Enforcement and Conservation Officer; Commission Clerk Debra Sweeney and other interested parties.

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 Seven, Section C.1 of the Simsbury Zoning Regulations on property located at 22 Bushy Hill Road. R-15 Zone (continued from meeting of dateMonth7Day16Year20077/16/07)

b. Application of Robert G. Holloway, Owner, John R. Bilts, Agent, for a Special Exception for Signage pursuant to Article Ten, Section C.3.i of the Simsbury Zoning Regulations on property located at Holloway’s Appliance Center, 1430 Hopmeadow Street. B-II Zone

John Bilts, Agent, spoke on behalf of the application. Mr. Bilts explained that they are requesting a Special Exception to put a second free-standing sign on the property. There are currently two buildings on the site, both owned by Mr. Holloway, but they house two separate businesses, Holloway’s PlaceNameplaceAppliance PlaceTypeCenter which is approximately 100 feet from the road and the other business, which is approximately 250 feet from the road. Holloway’s is requesting permission to put a free-standing sign approximately 18 feet from the road on the north side. A Special Exception is required as this would be the second such sign on the same parcel, as the second business already has a free-standing sign.

Mr. Delehanty read the recommendation from the Design Review Board dated July 18, 2007 in which they recommended that the Commission grant a Special Exception for the second free-standing sign with the conditions that the applicant add a street identification number to the sign, that there will be landscaping around the masonry base, that there will be two ground flood lights that illuminate the sign that are not visible from the main right-of-way, that the sign be located fully within the property line so as not to interfere with sight lines and that the masonry split-face base block and brick should match the same materials of the building in terms of color and mortar.

Mr. Delehanty confirmed with the applicant that there would be no line of sight issue and that they would be complying with the recommendations of the Design Review Board. Ms. Askham confirmed with the applicant that the sign would not be in the State right-of-way. Mr. Barnett confirmed with the Mr. Beach that the applicant was within the signage square foot allotment for the site. Chairman Barney asked for any comments from the public.

Harald Bender, address6 Maureen Drive, suggested that, in the interest of the “dark sky concept” relative to light pollution, there should be down lighting instead of up lighting. Members of the Commission agreed with the concept, but noted that the Design Review Board had recommended that there be ground lighting and that the lights should not be visible. Chairman Barney stated that he would discuss this concept with the Chairman of the Design Review Board in connection with future applications.

Chairman Barney asked why the signage is needed in the current configuration as is being presented to the Commission for approval. Robert Holloway, owner of the property, stated that the distance between the two structures prevents adequate visibility from the street. It was determined that there would be a spatial impracticability to identify both businesses on one sign due to the distances between each and their distances from the street.

c. Application of Miriam Rivers, Owner, for a Special Exception for an Accessory apartment, pursuant to Article Seven, Section C.9 of the Simsbury Zoning Regulations on property located at 74 West Mountain Road. R-40 Zone

Tom Rivers, 74 West Mountain Road, West Simsbury, stated that his parents currently reside at the McLean Home and wish to relocate back to their home at 74 West Mountain Road to live in a ground floor accessory apartment. He stated that there would be no exterior renovations other than an outside path from the driveway. Interior renovations would consist of converting a recreation room and a furnace room into a bathroom, living room and small kitchenette area. Mr. Delehanty stated that it was his understanding that the applicant’s plans do comply with the criteria for the Special Exception in that the use would be ancillary to the use of the primary residence and the accessory apartment will be less than 1,000 square feet and will not exceed one-third of the size of the structure. Mr. Beach concurred that he had reviewed the plans and had no concerns.

Chairman Barney noted that the Special Exception would run with the family’s ownership and would not automatically transfer to a new owner. Any new owner would be required to re-apply for their own Special Exception for an accessory apartment. Mr. Peck noted that he had received several calls from neighbors in the area, but once he explained to them what was being proposed, they had no objections.

Dan Zych, address57 West Mountain Road, asked what would happen to the apartment if Mr. Rivers’ parents were to move out and if the apartment would then be rented out. Mr. Rivers stated that the space would be used by his family.

Mr. Delehanty made a motion to approve the application of Robert G. Holloway, Owner, John R. Bilts, Agent, for a Special Exception for Signage pursuant to Article Ten, Section C.3.i of the Simsbury Zoning Regulations on property located at Holloway’s Appliance Center, 1430 Hopmeadow Street. B-II Zone subject to the conditions imposed by the Design Review Board’s referral. Ms. Askham seconded the motion and it passed unanimously.

Ms. Askham made a motion to approve the application of Miriam Rivers, Owner, for a Special Exception for an Accessory apartment, pursuant to Article Seven, Section C.9 of the Simsbury Zoning Regulations on property located at 74 West Mountain Road. R-40 Zone. Ms. Popick seconded the motion and it passed unanimously.

Richard J. Higley, 292 Scotts Swamp Road, Farmington, spoke on behalf of the application and provided plans to the Commission for their review. He indicated that there would be six more parking spots and that there would be a change to the entrance of the driveway, but that the changes would be well within the 40% coverage limitation.

Ms. Askham made a motion to approve the application of Robert G. Holloway, Owner, John R. Bilts, Agent, for a Site Plan Amendment for Signage on property located at Holloway’s Appliance Center, 1430 Hopmeadow Street. Mr. Barnett seconded the motion and it passed unanimously.

Mr. Delehanty made a motion to approve the application of Dyno-Nobel, Inc. – Owner, Richard Higley, Agent, for a Site Plan Amendment for an addition to the north truck dock on property located at Dyno-Nobel, Inc. 65 Woodland Street.

Mr. Peck stated that the Town had received a withdrawal of the PDD application that had been submitted. Ms. Askham recused herself and left the room at this time. He suggested to the Commission as well as the Planning Commission that they continue with their plans to meet and that they use the information gathered to-date to redouble the Commission’s efforts to construct a PDD that meets those considerations and concerns as soon as possible, hopefully within the next ninety days.

Although the September 24^th meeting to hear the application would be cancelled, he suggested that the Commission schedule a Special Meeting to establish a schedule for the development of a PDD. Chairman Barney questioned as to whether that could be accomplished with Attorney Merriman currently out of the country, although he stated that he would like to maintain September 24^th as a meeting date in order to address zoning regulation amendments other than the PDD.

Mr. Delehanty asked that the Commission be provided with the latest working draft of the Zoning Commission’s version of the PDD that was being worked on prior to the application. Chairman Barney read into the record the letter that was received from R. Michael Goman, President of Konover Corp., which was in.response to Selectman Tom Vincent’s request that Konover withdraw their PDD application in order for the Town to proceed in developing its own PDD. Mr. Goman agreed to withdraw the application. Ms. Askham rejoined the meeting at this time.

Chairman Barney indicated that the Commission received a letter from the Kaplans at Fiddler’s Green indicating that they would like to have all events held in abeyance until some agreement is worked out regarding event parking. When large events are held in the Iron Horse parking lots, downtown merchants are having their parking lots filled by people attending the events, not by patrons. Mr. Peck stated that he has discussed this issue with the Chief of Police and that Mr. Vincent has asked them, in conjunction with Mr. Beach and the Town Engineer, to respond to the merchants’ specific concerns.

Chairman Barney stated that the Commission has received several communications from Betty Fiora regarding her concerns relative to perceived irregularities at the Hoffman site and property. He also noted that there are a couple of legal challenges to the Commission’s approval of the Hoffman site and asked Mr. Peck for an update, as work is continuing at the site. Mr. Peck stated that he has received a re-application for the same work that the Commission previously approved and that it will be on the agenda for the October 15^th for the Commission to re-review and re-approve the application.

The neighbor’s concerns have to do with differnences that she believes are occurring between what was approved and what is actually going on at the site. She will have to elaborate these concerns at the hearing. However, as far as can be determined so far, the work that is going forward is in compliance with the approvals that were granted.

The re-application is a procedural matter in that there was a difference of opinion about whether the notice was adequate as there was a one-day difference between the notice for the last public hearing. The applicant has indicated that, if that is a point of concern, then they wish to re-submit the application. Mr. Peck and Mr. Beach will review the re-application and will report to the Commission if the application is exactly the same as the previous submission or if it is somewhat similar or is significantly different.

Chairman Barney stated that he would not want to see an application that is different in any way and expressed concern that the Zoning Commission has warranted to the neighbors a certain outcome and that he did not want to lower any standard of the prior approval. Ms. Popick asked what kind of monitoring was being done relative to the applicant’s compliance and Mr. Peck stated that Mr. Beach has visited the site many times. Ms. Popick asked about the entry on West Mountain Road and Mr. Beach replied that it is a emergency fire egress road that was mandated by the Fire Dept. and that it will be gated in a decorative fashion. Mr. Peck also stated that they will be monitoring the percentage coverage as it was a major issue with this site.

Chairman Barney asked if there was a performance bond in place for the site as this was a condition set by the Commission. Mr. Peck stated that currently none is in place and that the Town has leverage relative to the issuance of Certificates of Occupancy. Chairman Barney, Ms. Askham and Mr. Barnett stated that certain issues can exist well beyond the completion of the project and that, once the CO’s are issued, the Town will no longer have any leverage and that was the whole point of requiring a performance bond. Ms. Askham stated that the Commission made a lot of guarantees to the neighbors that she wants to make sure are upheld and a performance bond is one way to accomplish that. Mr. Peck assured the Commission that proper bonding will be in place.

Chairman Barney acknowleged the receipt of a letter from Harald Bender of the South West Homeowners Association requesting that the Town consider making “green” development a standard practice for the Town of Simsbury and passed the letter to Mr. Peck.

Chairman Barney acknowledged the receipt of a letter from Bill Miller regarding the PDD application and other matters reminding the Commission that the language of the Konover PDD can not be altered if the previous standard has been to not alter the language from other parties’ applications.

Chairman Barney acknowledged the receipt of a letter from the Board of Ethics in response to Commissioner Joe Grace’s request for an advisory opinion relative to his personal business relationship with Attorney Donohue and any need to recuse himself. The Board of Ethics determined that, as Mr. Grace has no current ongoing attorney/client relationship with Attorney Donohue, it is not necessary for him to recuse himself from consideration of any Zoning Commission matter involving Konover at this time, with the caveat that, should his relationship with Attorney Donohue or any other individual coming before the Zoning Commission render him unable to objectively fulfill his duties as a member of the Zoning Commission, he should then recuse himself.

Mr. Beach provided the Commission with updates on various zoning violations at address62 West Mountain Road, address24 West Mountain Road, address378 West Mountain Road, address1606 Hopmeadow Street, address518 Hopmeadow Street, address1612 Hopmeadow Street, address299 Firetown Road, address22 Wildwood Road, address22 Hoskins Road, address53 West Street, address7 Deer Park Road, 16 Glenbrook, address7 North Drive and address42 East Weatogue Street.

Mr. Barnett asked about the status of the Educational Playcare facility. He stated that he had no recollection of the Commission approving the second phase, but that it appears to currently be under construction. Mr. Beach stated that he thought that, although there were two phases, the site plan approval letter was for the entire parcel. Mr. Peck thought that the phases were linked to the parking, but would check the approval letter.

Ms. Askham asked about the “Pods” trailers that are becoming more popular. Mr. Beach stated that they are temporary structures and, as such, do require a permit; however, if they are being used for a week or less, he does not require one. Temporary structure permits generally are for 180 days and, with an extension, can be in force for as long as one year. Ms. Gilkey asked if this would apply to construction dumpsters as well. Mr. Beach stated that, if the dumpster is in use by a contractor that is actively remodeling a building, a separate permit is generally not required. Mr. Beach noted that these “grey areas” need to be addressed when amending the zoning regulations.

Mr. Beach stated that he had received a letter from the Robert and Joanna Gaucher, new owners of 14 White Oak Lane, which currently has an existing in-law apartment, stating that they agree not to rent or use the apartment prior to their parents moving in. The move is not expected to happen for a year or so and new owners are required to file for Special Exception within 30 days. The apartment has been in existence for some time and was not constructed under the current in-law regulation.