Simsbury, CT - Zoning Commission Minutes

Austin Barney, Chairman, called the Regular Meeting of the Zoning Commission to order at timeHour19Minute307:30 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Scott Barnett, Bruce Elliott, James Gallagher, John Vaughn and Alternates Joseph Grace and Madeline Gilkey. Also in attendance were Director of Planning Hiram Peck and Commission Clerk Debra Sweeney.

Chairman Barney appointed Ms. Gilkey to sit for Garrett Delehanty, Jr. Mr. Grace made a motion for Mr. Gallagher to serve as Secretary in the absence of Mr. Delehanty. Ms. Gilkey seconded the motion and it passed unanimously.

a. Application of Susan and Christopher Pribyson, Owners of property located at 194 Old StreetaddressFarms Road, for a Special Exception for an accessory apartment, pursuant to Article Seven, Section C.9 of the CityplaceSimsbury Zoning Regulations. R-40 Zone

Susan Pribyson, 194 Old Farms Road, stated that she was requesting a Special Exception for an inlaw apartment for her 78-year-old father. She indicated that there would be no additions to the structure, but rather conversion of a laundry room to a kitchenette. She stated that there is already a second living room in the house and that a sunroom has already been converted to a bedroom. Mr. Peck indicated that an item that remains open is an approval letter from Farmington Valley Health Department. Ms. Pribyson stated that they had gotten a verbal approval, but did not have the letter in hand. Chairman Barney thought that any approval could be conditional upon the receipt of the letter from the Health Department.

Mr. Gallagher asked about the foundation of the bedroom and Ms. Pribyson stated that it is a full slab foundation with sub-floor. Mr. Elliott confirmed with Ms. Pribyson that there is a separate entrance in the rear and that there was another entrance to the main part of the house.

Ms. Pribyson stated that, relative to the disposition of the inlaw apartment upon the passing of her father, occupancy would pass to her developmentally disabled child. Chairman Barney asked that she come back to the Commission at that conversion point to alert them as to the current tenant of the apartment.

Chairman Barney asked for any public comment and there was none. He also asked about any parking issues and Ms. Pribyson indicated that there is two-car driveway with a turnaround-area that fits two cars where one of the cars is parked.

b. Application of Marianna Rossetti, Owner, Anjela Cahill, stocktickerAIA, Schoenhardt Architects, Inc., Agent for property located at 10 Library Lane, for a Special Exception for parking space(s) to be held in reserve, pursuant to Article Seven, Section L.4.h of the Simsbury Zoning Regulations. Simsbury Center Zone (stocktickerSCZ).

Bob Mocarsky, Schoenhardt Architects, spoke for the application. Mr. Mocarsky stated that the property at Streetaddress10 Library Lane has served as Mr. Rossetti’s home as well as his office and that he has a potential buyer (Summit Financial) who would like to convert the entire facility into an office use. Randy Gowdy, Streetaddress1 Quad Hill Road, stated that Summit Financial is a national brokerage firm that works in employee benefits. He indicated that 98%-100% of their business is conducted outside of their offices and that no clients come to their office. Currently there are four employees and that would be the maximum at this location.

Mr. Mocarsky stated that they are proposing to reduce the size of the opening of the existing wide entry parking lot and have five parking spaces, one of which would be a handicapped space. Should additional spaces be required in the future, there would be a reserve area in the rear. Mr. Elliott asked about the setback from the asphalt to the rear property line and Mr. Mocarsky stated that it is 2 feet and that it is approximately 8’ to the side line towards the Chamber of Commerce building for the proposed driveway.

Mr. Peck stated that staff is recommending that the proposal be approved as it involves less site disturbance than creating parking in the rear and that, between the grading uphill and the potential for a tight situation on the Chamber side, that such a project would be difficult and costly to complete. Mr. Peck stated that, if the approval is linked to this particular use, then any future occupancy would have to come back for approval of any future configurations.

Chairman Barney asked Mr. Gowdy if he anticipated that any more employees might be hired and Mr. Gaudy stated that there were no plans or budget in place to do so. Mr. Gallagher asked if there would be any rental of the site and Mr. Gowdy replied that it would be 100% occupied by their firm at all times.

Mr. Peck noted that the regulations require that more parking be provided unless the Commission chooses to waive the requirement and, therefore, the Special Exception is to allow for less parking spaces than would be required by the regulations. Mr. Barnett asked about signage and Mr. Mocarsky said that there would be signage on the building.

Chairman Barney asked for public comment. Robert J. Rossetti, addressStreet14 Library Lane, stated that he is very pleased to have Mr. Gowdy and his company come to Town as well as the architectural design of Schoenhardt Architects, which he feels will be appropriate for the center of Simsbury and that he would appreciate the support of the Commission. Chairman Barney confirmed with Mr. Gowdy that he would be moving his business, which is currently located in CityplaceWindsor, to CityplaceSimsbury.

a. Application of Thomas Schneider, Director of Finance, Ethel Walker School – Owner, for a Site Plan Amendment to construct a new (16 stalls) horse barn on property located at the Ethel Walker School, 230 Bushy Hill Road (west side) in the R-40 Zone. (continued from meeting of dateMonth11Day19Year200711/19/07)

Tom Daley of Milone &MacBroom stated that, at the Commission’s last meeting, he had been requested to provide information as to what was going on with the larger project and how the smaller barn being proposed under the current application fit into the larger project. He provided the Commission members with maps to identify where the larger barn is going and how the small summer barn is critical to that. Graphics provided showed a new master plan for the barn, a floor plan for that master plan and an overlay of how the old layout looks against the new master plan as well as, per the Town Planner’s request, an overall plan showing how the new small barn is situated in relationship to the land deal that occurred last year.

Mr. Daley stated that, in terms of the master plan, the new plan will use more traditional pole barn structures and will reduce the span of the large barn that was previously approved. Also, the project would now be done in phases and it was also found that it would be more appropriate to renovate the Williams barn that is attached to the riding rink. Generally, all that same elements as were originally presented to the Commission will remain, such as an indoor riding rink, barns with stables, classroom space, and miscellaneous office space, as well as the removal of one small barn. Additional elements will include a covered walkway and a central courtyard area.

Mr. Daley stated that the summer barn would serve first as a temporary structure for horses that would be relocated when the small barn is demolished. Once the new project is built and the existing barn is renovated, there would be additional space for horses. In terms of permanent needs for the summer barn, there are certain times of the year when there are additional horses on campus, usually during summer camps or contests.

Chairman Barney stated that he was not understanding how the 30 horses that are currently housed in the barn to be renovated would fit in a summer barn with 16 stalls and that he feared future applications coming before the Commission for additional temporary tent structures during construction. Mr. Schneider indicated that many of those horses are privately owned and will go home for the summer.

Chairman Barney stated that, since construction has not started within one year of approval on the prior application, it is his understanding that the new site plan will be a whole new application starting from scratch and that the application currently before the Commission is only for the summer barn. Mr. Daley stated that they are planning to submit a full new application. Chairman Barney stated that he had concerns relative to manure management and Mr. Daley responded that they are being addressed in the new plan by using depressions to promote infiltration so as to disconnect drainage from going straight into the ponds as well as drains under the concrete pads that go into drywells that act similar to a septic system with a perforated overflow that promotes additional infiltration into the ground. He anticipates that these elements will all be incorporated in the new plan.

Mr. Elliott asked about the timeline for the revised site plan and Mr. Daley stated that the small barn is a critical first step and that the larger barn project would most likely be happening within 4-6 months. He said that they would hope to be before the Commission sometime in the spring with the new application.

Chairman Barney asked about the utility easement that runs up the hill and Mr. Daley replied that it is for water lines to the well head and it follows the dirt road to the back. Ms. Gilkey asked about the number of stalls and the square footage in the previously approved plan. Mr. Schneider stated that the square footage was almost 50,000 and that there were 84 stalls; the new plan will call for 55 stalls.

Mr. Daley stated that the summer barn would be in the back and will be in earth tones with the intent that it is different from the other structures and that it should fade into the background. Mr. Schneider stated that the Design Review Board had impressed upon them that they are a gateway to CityplaceSimsbury and that they are very sensitive to that.

b. Application of Marianna Rossetti, Owner, Anjela Cahill, stocktickerAIA, 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 (stocktickerSCZ).

Mr. Gallagher made a motion to approve the application of Susan and Christopher Pribyson, Owners of property located at 194 Old Farms Road, for a Special Exception for an accessory apartment, pursuant to Article Seven, Section C.9 of the Simsbury Zoning Regulations subject to approval being received from Farmington Valley Health District. Ms. Gilkey seconded the motion and it passed unanimously.

Mr. Barnett made a motion to approve the application of Marianna Rossetti, Owner, Anjela Cahill, stocktickerAIA, Schoenhardt Architects, Inc., Agent for property located at 10 Library Lane, for a Special Exception for parking space(s) to be held in reserve, pursuant to Article Seven, Section L.4.h of the Simsbury Zoning Regulations with the condition that, should the ownership and/or use of the building change, a plan for additional required parking will be submitted at that time. Mr. Elliott seconded the motion and it passed unanimously.

Chairman Barney stated that, not having had benefit of the Conservation Commission’s report, he is assuming that all issues regarding manure run-off into the pond and the adjacent stream that runs north/south was covered by them. When the application for the new building comes in, he will be very precise in requiring some specifics.

Chairman Barney also suggested that any approval would be with the conditions that any and all grading is shown on the plan that will be submitted for zoning or building permits, that there will be clear referencing of any conditions that are imposed by the Wetlands Commission during their approval process, that it be required that erosion and sedimentation controls be installed prior to any earth excavation activity, that all such controls will be monitored by the Conservation Officer and that construction plans shall be submitted to staff prior to applying for a building permit to insure that the building meets all zoning requirements, such as setbacks and building lines, etc.

Mr. Elliott made a motion to approve the application of Thomas Schneider, Director of Finance, Ethel Walker School – Owner, for a Site Plan Amendment to construct a new (16 stalls) horse barn on property located at the Ethel Walker School, 230 Bushy Hill Road (west side) in the R-40 Zone with the conditions as stated above. Mr. Barnett seconded the motion and it passed unanimously.

Mr. Vaughn made a motion to approve the application of Marianna Rossetti, Owner, Anjela Cahill, stocktickerAIA, 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. Mr. Gallagher seconded the motion and it passed unanimously.

Mr. Peck said that he had received a request from the Simsbury Housing Authority regarding a sign to indicate their location as people are having trouble locating them. Initially, they came in with a plan for an additional post sign on the road, but staff is suggesting that they use the existing sign and post and raise the sign from the ground so that it is visible above the vegetation and add some lettering. Mr. Peck showed a representation of the proposal to the Commission members, stating that it complied with the regulations.

Mr. Peck stated that he has forwarded copies of bylaws to the Commission members that were considered in the past, but never adopted. He said that he is making recommendations to all Commissions that they review, revise and adopt their bylaws. He asked for Commission members to forward any comments to him as soon as possible, indicating that he has already received comments from the Chairman.

Regarding the draft zoning regulations revisions that were started in 2005, Mr. Peck stated that stocktickerHMA Associates had provided an interim draft that was really more of a reorganization and that he will be getting copies of this draft to the Commission members sometime this week. He noted that there are a number of sections that are still not completed. Chairman Barney stated that it would be more prudent to save on copying costs until the draft is more complete and thought that there is not enough content in them at this point to review. Mr. Peck stated that he thought that it would not be necessary to engage stocktickerHMA Associates to finish the draft and that it could be completed in-house, thereby saving the Town a substantial amount of money.

Regarding the PDD regulations, Mr. Peck indicated that he is continuing to pull together comments that were made at public meetings and is hoping to have a revised draft available in the near future, hopefully by the end of December. Mr. Peck noted that the Towns of Groton and placeNorth Stonington have recently adopted mixed use regulations.

Chairman Barney asked about the status of the study of the Center Zone for which funds were budgeted. Mr. Peck stated that he was unsure of the timing and that he has a meeting scheduled with the First Selectman on Friday. He thought that the emphasis would be on trying to first get the regulations completed and was not sure how much emphasis the First Selectman would want to have put on doing specific projects in the Center. Mr. Peck stated that $25,000 has been allocated, but both the Board of Selectmen and the PersonNameBoard of Finance were adamant that it not be used for another study, but rather that it be money that is put towards the implementation of some of the items discussed at the 1998 charette.

Chairman Barney stated that a key problem is the Defense Department right-of-way line that traverses the parking lots in the middle of town, as it has held up many projects. He thought that it was essential to find out what it is, where it is and what can be built over it. Mr. Peck indicated he would attempt to get as much as information as they will give and agreed that getting access to the property and some control over that property would be very helpful in terms of building some density into the Center.

Mr. Peck indicated that there have been some inquiries regarding potential retail development in the north end of Town in some of the properties that are about to turn over. Mr. Peck indicated that he has been contacted by parties showing interest, but had no details at this time. He also said that he has been contacted by a firm with an interest in building a continued care retirement community, but they had no specific location in mind. Chairman Barney asked Mr. Peck to research what types of similar facilities the Town already has in place.

Mr. Elliott suggested that a timeframe be established to address the recommendations that were made in the new Plan of Conservation and Development. Chairman Barney responded that, as there were approximately 200 recommendations, staff is currently triaging which of those recommendations can feasibly be addressed as many of them pose mechanical problems, legal problems and time problems and that it would be impossible to take them all on at once. For instance, he has spoken to a national expert on the matter of transect zoning and it is not permitted by Connecticut statutes and, therefore, a statute change would have to be put in place before that recommendation could be adopted. He also noted that, once the staff has flushed out the items to address, the Commission will need to address things like definitions, such as what constitutes “coverage”.