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, James Gallagher and Alternate Madeline Gilkey. Also in attendance were Director of Planning Hiram Peck, Commission Clerk Debra Sweeney and other interested parties. Mr. Delehanty read the call.

a. Application of Jacqueline Sloan, Owner, Robert Hanbury, President – House of Hanbury, Agent, for a Special Exception for an accessory apartment, pursuant to Article Seven, Section C.9 of the Simsbury Zoning Regulations on property located at 46 Great Pond Road. R-40 Zone

Robert Hanbury, Streetaddress163 Shag Bark Road, CityGlastonbury stated that the applicant has been before the Zoning Board of Appeals on dateMonth9Day26Year20079/26/07 as the structure exceeds 1,000 square feet and were granted a variance to make it 1,064 square feet. The main house is well over 3,000 square feet. The applicant has also received approval from the Conservation and Wetlands Commission for a sewer connection within the 100 foot regulated buffer area. The last step is the current application before the Zoning Commission for a Special Exception for an accessory apartment for Ms. Sloan’s mother.

Mr. Hanbury stated that the main house on the property dates to the 1830’s and the barn to the 1850’s. He provided pictures to the Board of various views and showed the two doors that would be modified for size and egress as well as windows that need to be enlarged for egress , fire escape and safety, and energy efficiency. He noted that the barn currently has a bathroom, a kitchen and a heating system and will require minimum modifications to make it an accessory structure. Also parking, driveways and water lines already exist. A sewer permit has been obtained and the connection will be installed shortly. The plan is for a small kitchen, bathroom, living area, master bedroom and a small guest bedroom.

Ms. Askham stated that it appears that the application basically is requesting to modernize an existing accessory apartment to code as well as permit it as an accessory structure. Ms. Gilkey stated that she is familiar with the structure and that historically it had been used as a party barn, which is why there is a kitchen and bathroom already installed, and that she was not aware of prior use as an accessory apartment. Mr. Delehanty confirmed with Mr. Hanbury that it came to his attention that he needed the zoning permit when the renovations were brought in for review.

Mr. Peck stated that the existing house is 3,541 square feet and was constructed in 1835. Should the Commission decide to approve the application, he recommended that they require that an affidavit be submitted regarding the residence and who lives there as required by the regulations since that has not yet been done. Also he recommended that they require compliance with all building, fire and health codes and noted that the variance was properly filed on October 11, 2007.

b. Application of Joel D. Weisman, for 7 Deer Park Road, LLC, RWR Enterprises – Owner, Laurie E. Krouse, Agent, for a Special Exception for a yoga studio (holistic medicine, massage therapy and other complimentary uses), pursuant to Article Seven, Section I.4.a of the Simsbury Zoning Regulations on property located at 7 Deer Park Road. I-1 Zone

Rich Correia, 14 Lovely St., Canton stated that he is a commercial real estate broker and that Laurie Krouse and Richard Mercer, who were both present, are looking to purchase the property at 7 Deer Park Road, which was previously auto body shop, and convert it into a Bikram yoga studio. He stated that there would be no alterations or additions to the building and, if the Special Exception is granted, they will then go before the Design Review Board to determine an appropriate renovation to eliminate the existing garage doors. He stated that there will be no more used car sales at the site, a low impact on traffic and that the business will be a quiet one with little outdoor activity.

Mr. Barnett asked about the hours of operation. Richard Mercer, 15 Scarborough Road, stated that the first 90-minute session would begin at 6:00 AM and the last session would begin around 7:00 to 7:30. Ms. Askham asked if there was any plan to add a second floor to the building and Mr. Mercer stated that there would be no change to the building. Mr. Barnett asked about parking and Mr. Peck stated that it is adequate. Chairman asked how many people would be in each session and Mr. Mercer stated that the sessions could have up to thirty people.

Mr. Correia stated that the parking area has just been redone and can hold thirty cars. He also noted that there has been environmental testing and that there will be remediation done by the owner within the next 4-6 weeks. Chairman Barney asked if the report is available. Mr. Correia stated that a Phase II inspection was done in coordination with Town staff. Chairman Barney asked Mr. Peck if he had seen the report and Mr. Peck stated that he had not. Chairman Barney stated that he was concerned about proceeding without first seeing that report. Mr. Peck suggested that it could be made a condition of approval. Mr. Correia added that the property purchase will not go forward if major environmental issues are found. He stated that the report has indicated that the site will be completely cleaned up within 4-6 weeks. Chairman Barney asked who from the Town would be evaluating that report and Mr. Peck replied that it would be a combination of the Health Department environmental officer and the Town Engineer.

Chairman Barney asked the applicants if they were aware of neighbors’ concerns and if they had read their letter and, if so, could they address the neighbors’ concerns. Mr. Correia said that they had and there was going to be no addition made to the building and that, relative to environmental issues, they believe that the proposed use is much cleaner and quieter than the previous use. Ms. Askham asked about any pile driving and use of heavy equipment as referenced in the neighbors’ letter. Mr. Correia stated that that is all work that was done in connection with the prior parking lot renovation. Ms. Gilkey asked if the testing samples indicated any problems in the parking area and Mr. Correia stated that there were none.

Ms. Askham asked if they had been before the Design Review Board yet and Mr. Correia stated that they were first hoping to have the Special Exception granted prior to expending money for exterior design. If the Special Exception is granted, they would then go before Design Review Board and come back to Zoning for approval of outside site modifications and signage.

Manju Rao, trustee, 2 Evergreen Drive, stated that they moved to their home one year ago and that the auto body shop had working hours of 8:00-3:30 with very few employees and, therefore, was not disturbing to them. She feared, however, a yoga studio would have longer hours of activity. She also was concerned about additional stores being brought it or that a second story would be added on later as the existing structure is small. She also noted that the parking area is very close to their property and would compromise their privacy.

Chairman Barney noted that the building can not be enlarged or a second story added without a permit. He asked if there are ways that the parking could be re-arranged so as to move cars away from the fencing that abuts the neighbors’ property. Ms. Askham thought that the site plan amendment should include features that are cognizant of perpertually protecting the neighbors’ privacy. Chairman Barney suggested that the applicants go to the site with the Rao’s and design something that will work to provide adequate buffering for them.

Ram Rao, 2 Evergreen Drive, stated that he was concerned about asbestos. Chairman Barney stated that, if any asbestos were disclosed in the report, then any abatement would be done properly. Mr. Correia stated that no asbestos had been found and that all the floors inside are cement.

Mr. Peck stated that, when the applicant comes back with the site plan, it needs to be clear about any proposed uses. He also noted that, when the property was rezoned to I-1, there was a requirement that there be a buffer between it and the residential property behind it and that buffer must be maintained. He suggested that the Commission may want to take a look as to the current state of the buffer prior to dealing with site plan issues.

c. Application of Keith A. Hague (for Simsbury Commons), Edens & Avant – Owner, Toshiko Uchino, Agent for a Special Exception for a restaurant wine and beer permit, pursuant to Article Ten, Section H of the Simsbury Zoning Regulations on property located at Maeda Sushi Restaurant, Simsbury Commons, 530 Bushy Hill Road. B-3 Zone

Mark Crone, 17 Old Orchard Road, West Granby stated that he was counsel for Maeda Sushi Restaurant and that he was here with Toshiko Uchino, 235 East River Drive, East Hartford, a representative from the restaurant, and Kevin West, who is in charge of the construction that is going on. He stated that the property is the former location of Quizno’s in Simsbury Commons. The new restaurant will have ten small tables, ten seats at the sushi bar and a private room towards the back for 8-10 people. The application is for a wine and beer permit so that wine and saki may be served as an accompaniment with meals; there will be no stand-alone bar.

Mr. Barnett stated that the proposed signage appears to be internally lit. Chairman Barney noted that Simsbury Commons has many existing internally lit signs and that some have been approved in the past. Ms. Gilkey noted that the Design Review Board found the signage to be generally compliant with their standards of community design. Mr. Peck stated that the signage uses LED light, which is much softer than an internally lit sign; he added that the Design Review Board was presented with a very technical and detailed presentation and that they questioned the designer extensively on this point. Ms. Uchino stated that the sign is comprised of a feudal family crest and Chinese characters that say “Maeda”.

d. Application Richard A. Bahre, V.P., The Simsbury Bank – Owner, Richard Correia, Agent, for a Special Exception for a temporary liquor permit, pursuant to Article Ten, Section H of the Simsbury Zoning Regulations in conjunction with the Simsbury Main Street Partnership fundraising auction to be held on Saturday, November 10, 2007 at The Simsbury Bank, 981 Hopmeadow Street. B-2 Zone

Sarah Floroski, Executive Director of the Main Street Partnership, Streetaddress933 Hopmeadow Street, stated that this is the fifth year of their fundraising auction and their fourth year at Simsbury Bank. She said that Riverview would be doing the catering and that Chris Maguire will be doing the bar for the fifth year in a row. Chairman Barney asked if there would be any controls in place as to the amount of peoples’ imbibing. Ms. Floroski stated that it will be a cash bar and that they use professional bartenders. Also non-alcoholic drinks are free and it is a limited event that runs from 5:30-8:00 PM, with hopes that attendees will be encouraged to go out to restaurants on Main Street afterwards.

Peter Chow of Oak Park Architects, 312 Park Road, West Hartford and Tom Linden from MR Roming Landscape Architects, 224 Whiting Lane, West Hartford stated that they are applying for a site plan amendment for an 8,000 square foot addition to Tariffville School as well as a bus drop off/pick up and additional parking spaces. He noted that the existing building sits on a very tight site with limited areas in which to put additions. The issues addressed in the renovations included increasing space, security and safety, providing handicapped access and relieving drop off/pick up congestion.

Mr. Linden stated that the proposal is to push the existing paved play area out so that an addition can be constructed in that area, to add a loop in front of the school, and move the main entrance so that buses will drop off at the front door at the main office area. Parent traffic will proceed through the same loop as the buses, but will continue to flow though a cut-through while the buses are parked. Mr. Linden stated that every attempt was made to consume as little green areas as possible on the four-acre site.

Mr. Chow stated that the existing building is two-story brick structure constructed in 1925 and is on the National Historical Register. It also includes a 1.5-story gymnasium and a one-story wing in the back. The lower level of the existing building has the office in one corner and the cafeteria, kitchen and small special ed teaching space is below. The addition will add classrooms, expand the office area, kitchen and cafeteria and add bathrooms. The lower level will be moved to the new wing so that the office area can be expanded and provide more space for the school nurse. An enlarged kitchen and cafeteria will mean that three waves of students will be reduced to two. Currently, anyone can come in the entrance and go directly upstairs, which is a security issue. The proposal is to make the existing entrance an exit-only door and the main entrance will be changed so that anyone entering the building will be seen in the main office.

Chairman Barney asked if the single story structure is capable of supporting a second-story addition and Mr. Chow stated that it is not. The new addition will also not be able to support a second story. Mr. Chow pointed out that having the addition be somewhat out of the way will allow for minimal disruption during construction. There will be three new classrooms in the relocated area. Ms. Askham asked if the two portable classrooms will remain and Mr. Chow indicated that they would.

c. Application of Asbjorn Gjertson, Owner, Philip E. Doyle, LADA, P.C. – Agent, for a Site Plan Amendment to preserve the existing garage that sits on the southern side of the property located at the Simsbury Elegant Banquets (aka Riverview Banquet Facility), on the east side of Winslow Place.

Ms. Askham made a motion to approve the application of Jacqueline Sloan, Owner, Robert Hanbury, President – House of Hanbury, Agent, for a Special Exception for an accessory apartment, pursuant to Article Seven, Section C.9 of the Simsbury Zoning Regulations on property located at 46 Great Pond Road with the condition that an affidavit be submitted in accordance with the current regulations and that the renovation work will cause the structure to comply with existing fire and health codes. Mr. Delehanty seconded the motion and it passed unanimously.

Mr. Delehanty made a motion to approve the application of Joel D. Weisman, for 7 Deer Park Road, LLC, RWR Enterprises – Owner, Laurie E. Krouse, Agent, for a Special Exception for a yoga studio (holistic medicine, massage therapy and other complimentary uses), pursuant to Article Seven, Section I.4.a of the Simsbury Zoning Regulations on property located at 7 Deer Park Road on the condition of the successful completion of the sales transaction and remediation of all the environmental conditions which are required by applicable law or recommended by the Phase II report and any further recommendations from Town staff. Mr. Delehanty noted that the motion is for the Special Exception only. Ms. Askham seconded the motion and it passed unanimously.

Ms. Askham made a motion to approve the application of Keith A. Hague (for Simsbury Commons), Edens & Avant – Owner, Toshiko Uchino, Agent for a Special Exception for a restaurant wine and beer permit, pursuant to Article Ten, Section H of the Simsbury Zoning Regulations on property located at Maeda Sushi Restaurant, Simsbury Commons, 530 Bushy Hill Road. Mr. Barnett seconded the motion and it passed unanimously.

Ms. Askham made a motion to approve the application of Keith A. Hague (for Simsbury Commons), Edens & Avant – Owner, Toshiko Uchino, Agent for Signage for at Maeda Sushi lit as submitted and as approved by the Design Review Board on property located at Maeda Sushi Restaurant, Simsbury Commons, 530 Bushy Hill Road. Mr. Delehanty seconded the motion and it passed unanimously.

Mr. Gallagher made a motion to approve the application as submitted of Richard A. Bahre, V.P., The Simsbury Bank – Owner, Richard Correia, Agent, for a Special Exception for a temporary liquor permit, pursuant to Article Ten, Section H of the Simsbury Zoning Regulations in conjunction with the Simsbury Main Street Partnership fundraising auction to be held on Saturday, November 10, 2007 at The Simsbury Bank, 981 Hopmeadow Street. Ms. Askham seconded the motion and it passed unanimously.

Mr. Delehanty made a motion to approve the application as submitted of David Holden, Business Manager, Simsbury Board of Education – Owner, Peter Chow, Oak Park Architects – Agent, for a Site Plan Amendment for additions and renovations to the Tariffville School, 42 Winthrop Street. Mr. Gallagher seconded the motion and it passed unanimously.

Ms. Askham stated that she was disturbed that 8,000 square feet of construction is not resulting in the addition of any new classrooms other than three in the existing space and that two portable classrooms will be kept. Mr. Barnett stated that the purpose is to make the existing school a lot more useable than it is today.

Mr. Peck noted that the Planning Commission approved the Plan of Conservation and Development and that the effective date of the Plan will be November 3^rd. In the meantime, they will be making some final corrections to the maps and there was some final editing to the wording just prior to adoption. He indicated that copies of the Plan will be provided to the Zoning Commission as well as to the various other commissions and the public as quickly as possible.

Mr. Peck stated that he recently attended the American Institute of Architects Conference in Southport which had many spin-offs regarding mixed use development. They showcased a well designed development called Southport Green, which unfortunately is currently under foreclosure due to investor issues.