Simsbury, CT - Zoning Commission Minutes

Austin Barney, Chairman, called the Regular Meeting of the Zoning Commission to order at timeMinute0Hour197:00 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Garrett Delehanty, Jr., Bruce Elliott, James Gallagher, John Vaughn and Alternate Madeline Gilkey. Also in attendance were Director of Planning Hiram Peck, Zoning Enforcement and Conservation Officer Howard Beach, Commission Clerk Debra Sweeney and other interested parties.

a. Application of Asbjorn S. Ghertsen, 10 Winslow Place Simsbury, LLC – Owner, for a Special Exception for a restaurant/caterer liquor permit (as specified on their State of Connecticut Department of Consumer Protection application) for the Simsbury Elegant Banquets (aka Riverview Banquet Facility), pursuant to Article Ten, Section H of the Simsbury Zoning Regulations on property located at 10 Winslow Place. R-40/B-2 Zone

Asbjorn Ghertsen, 191 Rheams Farms Road, placeCityWestport, stated that he is applying for a service bar liquor license from the State Liquor Commission. Chairman Barney asked Mr. Ghertsen to describe his intentions for the business. Mr. Ghertsen replied that the intent is to serve liquor to closed parties, approximately 80% of which would be open bars at weddings and generally would be on weekends, with corporate events possibly during the week. Chairman Barney asked if liquor would be served only inside the building and Mr. Ghertsen stated that there would be occasions when there might be an outside champagne toast if there were a wedding ceremony outside. Chairman Barney asked if the outside consumption would be restricted to that level and would be served by staff of the facility and Mr. Ghertsen indicated that it would, but added that a cocktail hour during nice weather might be possible.

Mr. Barnett asked about any live bands that might be outside. Mr. Ghertsen stated that it would not be big bands per se, but rather string quartets or a harpist in conjunction with an outside ceremony. Mr. Elliott asked about the seating on the terraces and Mr. Ghertsen stated that it is not permanent and would just be for ceremonies. Chairman Barney stated that the Commission’s primary concern revolves around any overflow into the neighborhood or access to outside parties by non-invitees and the degree of control that will be had over these factors and the parties so that there will be no enforcement issues.

Mr. Ghertsen stated that there have not been problems at their other facilities. Mr. Delehanty thought that the State might require physical barriers to delineate the space to which the license applies. Mr. Beach indicated that the State does not have any such regulations but that, if a Town has such a regulation, they will enforce it.

Mr. Elliott asked about the other banquet facilities and their locations. Mr. Ghertsen stated that he has three other banquet facilities (two in placeCityBrookfield and one in placeCityMonroe ) and that two are about half the size of the placeCitySimsbury facility and one is similar in size. Mr. Delehanty asked if he had had any unfortunate experiences in the operation of the other facilities and Mr. Ghertsen replied that the bartenders, who would be employees of the facility, are trained to handle situations in which patrons have over imbibed.

a. Application of Jeffrey S. Hoffman, Hoffman Enterprises – Owner, T. J. Donohue, Jr., Agent, for a Site Plan Amendment for a proposed fence along West Mountain Road on property located at Hoffman Autopark, 28 – 44 Albany Turnpike/West Mountain Road

Attorney T.J. Donahue, from Killian & Donahue, spoke on behalf of the applicant. Attorney Donahue stated that in March the applicant had received approval for a zone change, a site plan approval, and wetland permits, et al for the property, which is located in the southwest corner of placeCitySimsbury. The project included the addition of a Best Buy store and a new Nissan facility. Subsequent to the commencement of construction, the applicant became involved in significant litigation with three different lawsuits with neighbors. Mr. Donahue indicated that all litigation has now been resolved and that the applicant is continuing to work with the neighbors.

The site plan amendment being proposed in this application is to amend the landscaping and berming plan that were part of the original approval to include the installation of a fence in addition to the berm. Attorney Donahue stated that the emergency gate that was required by the Fire Marshall and the sewer connection left a street opening that was too wide and gave visual access directly into the heart of the site. Foundation plantings proved inadequate for screening the site to the owners’ and neighbors’ satisfaction. Attorney Donahue showed an elevation plan detailing where the proposed fencing would be located and indicated that a surveyor has also staked this location, as per Mr. Peck’s request. Attorney Donahue stated that the plan has been discussed with the neighbors and stated that the owner wishes to solicit input from either the Commissioners or the neighbors relative to any further detail

Chairman Barney asked about the proposed material and color of the fence. Sam Pines of Hoffman Enterprises stated that the fence would be natural cedar with metal support poles on the Hoffman side and that they are currently looking into any kind of coating that might enable easy removal of any potential graffiti. Chairman Barney said that he was concerned about cedar rot. He also asked about the uneven terrain. Mr. Pines stated that the top of the berm is fairly level until the gate and it has been suggested that the fence go from 6’ to 8’ in certain areas in order to maintain a level line.

Mr. Delehanty noted that staff reports refer to concerns regarding stability and wind tolerance for fences over 8’ tall. Chairman Barney asked if the fence supplier had indicated what level of maintenance would be required. Mr. Pines indicated that the fence would be low maintenance and was a standard fence that could be replaced in 6’ sections.

Chairman Barney stated that maintenance is always an ongoing enforcement concern. Attorney Donahue indicated that Hoffman Enterprises has added one full-time maintenance person and that they intend to maintain the fence. Chairman Barney asked if Trex had been considered due to its long-term durability. Attorney Donahue stated that one fence supplier had not been very positive about the structural integrity of Trex as a fencing material. Mr. Delehanty asked about the expected life of a cedar fence, indicating that he thought that it was just over ten years.

Mr. Barnett asked if the ongoing upkeep of the fence on the addressStreetWest Mountain Road side could be included in the performance bond. Mr. Peck indicated that it could be included as part of the CO process and asked if it would be a problem for the applicant if the Building Official were to ask for additional information relative to the stability of the 8’ fence. Attorney Donahue indicated that would not be a problem. Mr. Delehanty asked about the total linear feet involved and Mr. Pines stated that it was between 1,100 and 1,400 feet.

Attorney Donahue stated that the neighbors have indicated that they do not want plastic fencing. Mr. Peck stated that honoring the neighbors’ concerns was the top priority and that Trex had only been suggested as a material by staff due to maintenance issues. Mr. Beach stated that neighbor representatives have indicated a preference for cedar. Chairman Barney asked for input from any neighbors who were present.

Harald Bender, 6 Maureen Drive, stated that he has seen the sketches and the proposal would definitely be an improvement. He stated that he had no preference regarding material other than it not be shiny type vinyl. He suggested that a right-angle small piece of fencing be installed in the plantings at the gate to give stability.

Nancy Slauen, 11 Maureen Drive, stated that she was concerned that there seems to be some controversy as to whether it is the responsibility of Hoffman Enterprises or the Town to maintain the property between the fence and the road. She also got confirmation from the applicant that the fence would be capped on top.

Chairman Barney indicated that the Town would maintain the right-of-way and that the private property should be maintained by the Hoffmans. He did not know the exact widths of the right-of-way, but thought that the berm had been built on the Hoffman property. Chairman Barney stated that he understood the concern in that, once the fence is installed, the street side area would not be seen from the Hoffman property and that they should assure that their maintenance person monitors that area.

Mr. Bender asked if additional plantings might be considered in the future so as to stagger on either side of the fence. Attorney Donahue stated that the current staking for the fence line goes through the pines. Chairman Barney stated that this should be a field condition for Mr. Beach to inspect. Mr. Delehanty confirmed that the stakes were not in the right-of-way. Mr. Beach added that the State Building Official requires a building permit for any fence that is over 8’ tall.

Mr. Elliott made a motion to approve as submitted the application of Asbjorn S. Ghertsen, 10 Winslow Place Simsbury, LLC – Owner, for a Special Exception for a restaurant/caterer liquor permit (as specified on their State of Connecticut Department of Consumer Protection application) for the Simsbury Elegant Banquets (aka Riverview Banquet Facility), pursuant to Article Ten, Section H of the Simsbury Zoning Regulations on property located at 10 Winslow Place with the condition that outside liquor service and music be kept under control by management of the facility so as to not go beyond the boundaries of their own property. Mr. Vaughn seconded the motion and it passed unanimously.

Mr. Barnett made a motion to approve as submitted the application of Jeffrey S. Hoffman, Hoffman Enterprises – Owner, T. J. Donohue, Jr., Agent, for a Site Plan Amendment for a proposed fence along West Mountain Road on property located at Hoffman Autopark, 28 – 44 Albany Turnpike/West Mountain Road with the conditions that the maintenance of the fence be part of the issuance of the Certificate of Occupancy and performance bond and that the material used will be a white cedar naturally weathered. Mr. Elliott seconded the motion and it passed unanimously.

Mr. Ghertsen provided the Commission with a progress report on the construction of the banquet facility from the end of last May through the beginning of January with visual slides. He indicated that the first wedding they have booked is for May 3^rd. Rich Correia stated that Riverview will be hosting an opening benefit on April 26^th which will benefit Rails to Trails and the Farmington Valley Watershed.

Chairman Barney asked Mr. Ghertsen if there were any problems which the Commission should be addressing and Mr. Ghertsen indicated that there currently were none. He thought that there might be a future need for some sort of plantings or small fencing on the berm towards Mitchell Auto so as to screen the view from the patio on the north side.

Mr. Peck stated that the revised draft of the PDD is done and has been sent to Special Counsel for their review and that it will be released as soon as Special Counsel so advises. Mr. Elliott asked who authored the draft and Mr. Peck stated that he did in conjunction with Special Counsel using examples from various parts of the country and incorporating various concerns that have been expressed. He expected that the Commission will make adjustments and that it will go through the public hearing process.

Chairman Barney asked about the timetable for the rest of the revisions. Mr. Peck indicated that the rest of the Zoning Regulations should be worked on through January and February. Chairman Barney asked if they should be setting up dates for workshops and Mr. Peck thought that it would be more appropriate to do so at the next meeting.

16 Glenbrook has gone to a formal hearing and a proposed settlement has been issued and he must now draft a conditioned acceptance. The owner has agreed to take the logging equipment offsite, but wishes to retain one truck and a Bobcat for personal use.

Chairman Barney asked Mr. Beach how he and Ms. Charest break up enforcement duties and Mr. Beach indicated that they have been doing them together, given Ms. Charest’s recent hire, but that they both take different routes into the office. He hopes they will be able to go into the field separately, but at this point they share one Town vehicle.

Chairman Barney expressed his concern that, after the Commission approved an externally lit menu board for Dunkin Donuts, he then observed an internally lit menu sign being installed. Mr. Beach stated that the Building Official is reminding them that this installation must be changed.

Mr. Beach provided the Commission with background on this regulation. In 2004, towns were required by the State to designate an official agency to deal with the aquifer protection ordinance and placeCitySimsbury decided that its agency would be the Zoning Commission and passed an ordinance to that effect in 2004. In the 1980’s, Simsbury was one of the first towns in the State to map its aquifers and Mr. Beach showed the Commission this map which indicates the location of primary aquifers, secondary and tertiary recharge areas and private well areas. He also showed the State’s B-level mapping which shows aquifer protection areas as identified by the State.

The State is requiring that Aquarion, as the owner of the Town’s water distribution system, do Level A mapping. Once the mapping is complete, it is submitted to the State for its approval. The Commission then must adopt the aquifer protection map and establish an aquifer protection ordinance.

Mr. Beach said that the Zoning Commission has created an aquifer protection zone which limits various uses in that area, but does not actually protect the water source per se. The Board of Selectmen has passed an underground tank ordinance prohibiting the burial of underground tanks in these areas. The Zoning Regulations already specify a good number of uses that are prohibited in this area as well. Mr. Beach indicated that the State has issued a model ordinance, which he has compared to this zone and has noted some distinct differences. He said that the State has indicated that they will allow municipalities to devise regulations that are more restrictive.

Mr. Peck stated that the water companies were given the task of creating an A-level map about twenty years ago. The companies first did B-level mapping and the process has dragged on for a long period of time, but eventually there should be a good map in place within the next six months. Chairman Barney stated that there should be an overlay of various uses on the new aquifer map. Ms. Gilkey felt that there should be collaboration and discussion with the Zoning Commission for any Conservation/Wetlands applications, although not necessarily two separate applications.

Chairman Barney asked about the FEMA map. Mr. Peck stated that it has been updated and made digital and that there will need to be a revised regulation for FEMA. Mr. Beach stated that the FEMA map addresses flood mapping as well as emergency response and that it has established a ranking for towns. A favorable tanking can result in a discount on insurance premiums for flood insurance for its residents.