ZONING COMMISSION MINUTES
NOVEMBER 19, 2007
REGULAR MEETING
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, James Gallagher, Alexis Popick, and Alternates Joseph Grace and Madeline Gilkey. Also in attendance were Director of Planning Hiram Peck, Zoning and Conservation Officer Howard Beach, Commission Clerk Debra Sweeney and other interested parties.
APPOINTMENT OF ALTERNATES
None.
OTHER MATTERS AS MAY PROPERLY COME BEFORE THE COMMISSION
Mr. Delehanty made a motion to amend the agenda to address Item VIII as Item III. Mr. Gallagher seconded the motion and it passed unanimously.
Chairman Barney made the following remarks to Commissioner Askham:
Simsbury has had zoning for many decades and a full set of regulations and plans to work from. This Commission has always been attentive to the Town’s needs and, as a result, has had many good citizens as members of the Commission over the years. It is active ethically, impartially and apolitically as a matter of historical fact. The Town has an unusually attractive appearance with details not often seen in many towns. The history of dedication on this Commission is what keeps the Town looking the way it does, a process not well understood by many, but appreciated by all in Town. This eye to detail and this appearance is the result of thousand of volunteer hours put in over the decades. This Town and this Commission rely
on dedicated and caring members to insure the highest quality and consistency in decision-making. Tonight we lose one such member who has contributed her time and caring for 14 years to the Simsbury Zoning Commission and not only to this commission but far more contributions to countless other endeavors in the community. Patty, you have been a pillar to this Zoning Commission and we will all miss you. You stood for the fair application of the Regulations and were always concerned for the applicant’s concerns, but with a willingness to make the hard decisions when they came. You represent the best this Commission has had to offer and we, and many others, thank you from the depths of our heart.
Chairman Barney then read the following Town of Simsbury Proclamation:
WHEREAS, Patty Askham has served on the Zoning Commission starting as an alternate in 1993, becoming a full member in 1995 and serving until 2007; and
WHEREAS, she has served the public in an exemplary fashion during that time, showing her understanding of the zoning process; and
WHEREAS, she treated all applicants in a fair manner; and
WHEREAS, she was the self appointed chair of the garden and horticulture sub-committee of the Zoning Commission, insuring a project’s good appearance
NOW, THEREFORE, LET IT BE KNOWN, that we thank Patty for her dedicated service and wish her well in her future endeavors.
IN WITNESS WHEREOF I HAVE PLACED MY HAND AND THE GREAT SEAL OF THE TOWN OF SIMSBURY.
Dated this 19th day of November, 2007
Thomas E. Vincent, First Selectman
Ms. Askham thanked the current and past Commissioners and Planners, stating that it has been her honor and privilege to serve the Town and that she has loved the job.
PUBLIC HEARINGS
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.
Phil Doyle stated that he is a landscape architect and suburban planner and spoke for the application and indicated that his office had prepared the site plans and Special Exception applications for the Elegant Banquet facilities. The current application is for a site plan modification to preserve an existing garage, rather than demolishing it as indicated in the original plan as submitted. Mr. Doyle stated that there is an existing well that will be used for irrigation and that tanks for water storage for the irrigation system will be housed in the garage; it would also be used for lawn mower storage.
Mr. Doyle noted that the Design Review Board has asked for the addition of carriage lights, siding to match the main building, and the addition of some pine trees and shrubs in the landscaping. Mr. Gallagher asked about the size of the garage and Mr. Doyle indicated that it is 900 square feet.
Chairman Barney asked if the Littles, who abut the property, find the retention of the garage to be an issue and Mr. Doyle replied that, although he has not spoken directly with them, he does not think that it is an issue. Chairman Barney also confirmed with Mr. Doyle that the water tanks would be above ground and would be stored fully in the garage behind garage doors. Chairman Barney also confirmed that there would be no change to the driveway configuration or pavement and that the applicant did not have any problem incorporating the recommendations of the Design Review Board. Ms. Gilkey confirmed that the garage is not visible from Route 10.
Application of Thomas Schneider, Director of Finance, Ethel Walker School – Owner, for a Site Plan Amendment to construct a barn on property located at the Ethel Walker School, 230 Bushy Hill Road (west side).
Tom Daley stated that he is a Professional Engineer with the firm of Milone &MacBroom and spoke for the application to construct a small steel construction barn (40’ x 100’ wide) at the Ethel Walker School in order to house approximately 16 stables. Mr. Daley indicated that the Commission had previously approved a prior application for a large barn project. The first phase of this project has been executed in the installation of a new outdoor riding rink and nine paddocks. However, cost constraints are causing them to redesign the large barn itself and the applicant hopes to be before the Commission with a site plan amendment application in the spring.
Chairman Barney asked if the application is for an additional building to the approved plan and Mr. Daley stated that it was. Chairman Barney asked Mr. Beach to determine the date of the approval for the large project and Mr. Beach stated that it was February 8, 2006.
Chairman Barney noted that the original request was to address a shortage of horse stalls and that he has heard from sources at the School that now the stalls will not be removed. He was concerned that there is no master plan for the equestrian facilities. Ms. Askham asked if the new stable would be sprinkled and Mr. Daley said that it would not be. Chairman Barney stated that the bigger barn was to be sprinkled due to a classroom area and hay storage. Chairman Barney thought that there are too many inconsistencies and noted that the original project approval is over one year old and that approved projects must be started within one year of approval. Mr Peck thought that the site work that has been performed would constitute the beginning of the project.
Mr. Delehanty stated that he would like to see the general location within the context of the larger project that is now being retooled. Chairman Barney asked why temporary horse storage was not addressed in the original application. Tom Schneider, Business Manager at Ethel Walker School, stated that the original project was to be done in phases and that the cost of the new barn turned out to be three times more than the original estimate. He noted that the Zoning Commission was originally concerned about the size of the large barn and that the original design will now be reduced in size. The new plan is to construct the small barn and to rehab the existing historic barn, which is over 100 years old.
Ms. Gilkey stated that she has a problem with horses being stabled in a barn that is not sprinkled; however, Chairman Barney noted that it is highly unusual to sprinkle a building that is occupied solely by animals and that it is very difficult to contain a hay fire. Mr. Schneider added that the building has specifications for lightning protection.
Chairman Barney was concerned that the Commission has no idea what amendment is coming in or how this application fits into it. He stated that he would rather see tent buildings for a season while the new building is being constructed. Mr. Delehanty noted that the new building would also be used as temporary space during the construction phase.
Chairman Barney requested that the applicant prepare a conceptual idea of the master plan that is being considered showing how the new building fits into it for presentation to the Commission at its December 3rd meeting. The applicant stated that they could provide a footprint without any elevations and Chairman Barney stated that that would be acceptable.
DISCUSSION AND POSSIBLE VOTE ON ANY AGENDA ITEM
Mr. Gallagher made a motion to approve the 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 as submitted subject to the recommendations of the Design Review Board. Ms. Popick seconded the motion and it passed unanimously.
INFORMAL DISCUSSION
Mr. Peck showed the Commission a plan in connection with the application of Marianna Rossetti, Owner, Anjela Cahill, AIA, Schoenhardt Architects, Inc., Agent, for a Site Plan Approval for renovation of a dwelling to a business use on property located at 10 Library Lane in the Simsbury Center Zone and asked for their input. The application would be for a business having a maximum of four people at an existing dwelling with an existing paved parking area. The original plan was to provide the required ten parking spaces and the Design Review Board has suggested
that all parking be in the rear of the property and that landscaping for a grassed area be added. However, the applicant does not see this as a doable option.
Town staff has suggested that the original parking spaces be reduced to five in front so as to reduce the impervious area to the maximum extent possible and that the site not be changed any more than is absolutely necessary. Mr. Peck added that, should the Zoning Commission decide to approve the application, a condition of the approval could be that it is linked to this particular use. He also noted that staff is also suggesting that the applicant significantly reduce the throat of the access way to the property.
Chairman Barney stated that the idea to reduce the minimum coverage is good, but that he would like to tie it to the specific use. Mr. Beach noted that the site plan would include a reserve area for any future use application.
APPROVAL OF MINUTES
Ms. Askham made a motion to approve the minutes of the October 15, 2007 meeting. Mr. Gallagher seconded the motion and it passed unanimously.
OTHER MATTERS AS MAY PROPERLY COME BEFORE THE COMMISSION
Chairman Barney noted that the Commission has reading material in their packets relative to PDD regulation issues of concern.
Chairman Barney stated that he has a volunteer opportunity for a member of the Commission to sit on the Advisory Committee for the Simsbury Tri-Town Airport Feasibility Study. Mr. Peck stated that the kick-off meeting was held last Thursday and that the study will take about six months and will involve about four meetings total. He noted that it is not a study as to how to buy the airport, but rather a study to examine all of the alternatives. Mr. Barnett volunteered his services.
STAFF REPORTS
Report from Planning Director, Hiram Peck
Mr. Peck introduced Lynne Charest to the Commission. Ms. Charest was recently hired by the Town as a Zoning Enforcement Officer and comes to the Town with a great deal of experience as well as experience with GIS, which will be helpful in upcoming remapping projects
Mr. Peck stated that staff, along with help from Special Counsel Robinson & Cole, is continuing to rough out a draft of PDD regulations for purposes of Commission discussions. At the same time, they are also looking at the rest of the Zoning Regulation revisions that were started over two years ago and will be producing a revision draft as well as a series of policy questions to be addressed by the Commission.
Mr. Peck noted that the draft regulation revisions that were done several years ago did not address many of the items that have been discussed in the last year with regards to mixed use development. They did not discuss the form-based regulations that the Planning Commission has suggested. A decision must be made as to whether the regulations should be completely changed or to go forward with regulations which are essentially in the same type of regulations as currently exist, but with the PDD being a form-based hybrid. Mr. Peck thought that the latter would be more feasible way to proceed due to time and cost constraints.
Mr. Peck stated that he had met with HMA Associates and that they agreed that the way to proceed would be to proceed with the PDD first and then integrate it into the conventional set of Regulations that the Town currently has. Mr. Peck anticipated that the main set of regulations should be ready for the Commission the first part of next year.
Mr. Peck distributed CD copies of the new Plan of Development to the Commission members. He noted that the paper copies had been substantially reduced as most people wanted them in CD format. He said that CD copies would sell for $10 and paper copies would sell for $40.
Mr. Peck advised the Commission that all appeals on the Hoffman property have been withdrawn.
With regard to the Gozzo matter, which was an application to allow the use of the property to continue without the owner in residence, Mr. Peck advised the Commission that the application was determined to be approved with conditions (rather than denied due to lack of unanimous vote as the Commission had previously thought) due to the fact that the required unanimous vote was in bylaws that were previously discussed by the Zoning Commission, but never adopted; therefore, Roberts Rules of Order apply and the approval with conditions stands. However, Mr. Peck advised the Commission that Mr. Gozzo is now appealing the conditions that were put on the approval.
Report from Zoning Enforcement Officer, Howard Beach
Mr. Beach provided the Commission with updates on various zoning violations at 62 West Mountain Road, 24 West Mountain Road, 378 West Mountain Road, 1612 Hopmeadow Street, 299 Firetown Road, 22 Wildwood Road, 22 Hoskins Road, 7 Deer Park Road, 16 Glenbrook, 7 North Drive, 42 East Weatogue Street and 42 Canal Street.
Mr. Beach provided the Commission with an update relative to questions that they had on the daycare construction. He stated that Phase I was approved by the Commission pending the resolution of a parking issue. A condition of approval was that employee parking was to be provided via a lease with Reno’s, an abutting property. Mr. Barnett stated that he thought that there were additional issues and asked Mr. Peck to consult meeting minutes to confirm. Mr. Barnett said that he recalled that only Phase I had been approved.
Chairman Barney asked about the tree buffer which is not growing properly at the Powder Forest project, which he views as a constant enforcement problem. Mr. Beach stated that the trees have been replanted according to the plan but are shaded by the canopy of existing trees and, therefore, are not growing properly. Chariman Barney stated that the original plan was designed by a certified arborist and that the arborist should be part of the resolution; he added that the plan was originally approved on the assumption that the trees would grow. Ms. Askham concurred that it is the responsibility of the owners to fulfill the agreement. Mr. Beach has suggested some options, such as redistributing the stockpile of topsoil to a berm that would serve as a temporary
buffer. Mr. Peck suggested that the owner come in and provide the Commission with an update. Chairman Barney stated that he does not see a willingness to solve the problem.
Mr. Delehanty made a motion to approve next year’s meeting schedule. Mr. Barnett seconded the motion and it passed unanimously.
Chairman Barney thanked Commissioner Popick for all her hard work, noting that this was also her last meeting.
ADJOURNMENT
Ms. Askham made a motion to adjourn the meeting at 8:35 p.m. Mr. Gallagher seconded the motion and it passed unanimously.
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Garrett Delehanty, Jr., Secretary
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