ZONING COMMISSION MINUTES
REGULAR MEETING
MAY 15, 2006
I. CALL TO ORDER
Austin Barney, Chairman, called the regular meeting of the Simsbury 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, Alexis Popik, Scott Barnett, and Alternates Louis Donofrio and Madeleine Gilkey. Joseph Grace arrived at 7:05 p.m. Also in attendance were Howard Beach, Zoning Compliance Officer, Lois Laczko, Commission Clerk, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Barney appointed Commissioner Gilkey to serve for Commissioner Gallagher.
III. PUBLIC HEARING(s)
a. Application of James W. Gallagher, Owner, Michael Gallagher, Agent, for a Special Exception for a Change of Use to allow for an auto repair service pursuant to Article Seven, Section J.b of the Simsbury Zoning Regulations on property located at 8 Herman Drive. (continued from April 3, 2006 meeting)
Application tabled until the next Zoning Commission meeting.
IV. PRESENTATION(s)
a. Application of Steven Walker, Grove Capital, LLC, Owner, for a Site Plan Amendment for modifications to the existing entrance court at the Simsbury Town Shops, 920 – 930 Hopmeadow Street.
Steven Walker, Grove Capital, LLC, spoke on behalf of his application. He said that he is proposing some cosmetic and minor changes to the handicap walkway and courtyard that access Little City Pizza, The Nail Salon and Video Galaxy. Mr. Walker showed the commissioners on a plan where he is proposing the changes. At this time, the handicap ramp only gets people into Little City Pizza. He is proposing to raise the level of the courtyard up so the handicap walkway will also go to The Classic Nail Salon. Mr. Walker said that they are putting in several new lamp posts, and improved drainage will be installed, as this was never done properly. He also showed on the plan where new sets of stairs will be located. Concrete and brick accents and black wrought iron will be used in the courtyard and also new planting beds will be put in. Commissioner
Askham asked what they are proposing for lighting. He said that they will be using the same type of lights that are currently over at Starbucks. They also will be placing brick inserts into the courtyard to break up the harshness of the concrete slab.
b. Application of David W. Burr, Arbor Associates, Owner, for a Site Plan Amendment for clarifications of type of fencing, and location of buffer material and air conditioning pads on property located at West Street Storage, 123 West Street (rear).
Commissioner Delehanty recused himself from this application, leaving at 7:05 p.m.
Chairman Barney said that this is not a public hearing. There is no public input on this matter. The public input had been made in writing.
Richard Case, Attorney, representing the applicant, spoke on behalf of this application. He said that there had been approval of the site plan some time ago and they are here for modifications. Mr. Case said that they have been to the Design Review Board and they unanimously approved this plan. He discussed the four modifications to the site plan.
The first modification is to Building 3. He showed on the plan where asphalt would be placed to allow people who would be using that unit to have ingress and egress on something other than gravel or dirt. The second modification is that the a/c pads have been moved slightly on each one of the buildings. The reason for moving them is because of
ZONING COMMISSION MINUTES
MAY 15, 2006
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the location of the entranceway and the passageway through the buildings. The third modification is that in the original plan there had been a fence called for along the north boundary line along West Street. Mr. Case said that now Building 2 will act as the fence and a berm will be constructed along with landscaping. The fourth modification is that the chain link fence has been installed and now needs to be coated. He showed on the plan the location of the chain link fence.
Chairman Barney said that Howard Beach, Zoning Enforcement Officer, found inconsistencies with what was built as compared to the site plan that was approved. Mr. Beach showed the commissioners the original approved site plan and the site plan with the modifications. He said that he had sent out a Cease & Desist Order on Friday to the applicant regarding the a/c pad. The paving has been torn out. Mr. Beach showed on the modified site plan where the stockade fence and arborvitaes had been placed and where additional work still needs to be done. Mr. Case said that the amount of plantings proposed to be placed at Mr. Sastre’s boundary is about triple what has been already planted. Mr. Beach said originally the buffering by Mr. Sastre had only been for 11 trees and plants combined. Commissioner Grace asked if this has been negotiated
with Mr. Sastre. Mr. Case said it has not. The intent is to increase the amount of vegetated buffer.
Commissioner Popik asked where the a/c pads were originally located, and where they have been moved to without this Commissions approval. Mr. Beach showed the locations saying they originally had been located near the corners of the building. The Contractor, with no permission from anyone, relocated the pads to be in line with the central bay because of the plumbing to the buildings. It made sense from a mechanical stand point. The pads were moved 6 to 10 feet without any approval. The buffering is the same and they are not any closer to the neighbors.
Commissioner Askham asked if the parking or loading area has changed. Mr. Beach said that the only change in the modification is the amount of pavement at the end of the buildings. Commissioner Askham suggested that the commission takes a field trip to this site. Commissioner Popik agreed saying that that there are discrepancies on what was proposed and the realty. She said that when it is a situation with light industrial abutting residential, the commission has to be sensitive and balance the needs of the residents and the people who are trying to develop the light industrial site. She wants to have time to review what the abutters have to say. Mr. Case said that they could simply move the a/c pads, not do all the vegetation, go back to their original plan and delete the site plan modifications, which is a significant improvement. He said
that would not be in anyone’s interest and they want to improve the situation. Commissioner Askham said that they are trying to protect everybody. The commission has an obligation to Mr. Case’s client and to the people who abut the property.
Chairman Barney asked if the only inconsistency with the originally approved plan is the a/c pads. Mr. Beach responded the a/c pads and the paving at the end, which has been removed today.
Richard Case reviewed the modifications to the site plan. 1) the chain link fence along the south side has been installed, but has to be coated black. 2) The asphalt at Building 3 that has now been taken out would be placed back. This is because of the location of the units that have a door outlet to the outside. 3) the air conditioning pads have been moved northerly and will still be vegetated with arborvitaes put around them (as shown on the original plan). 4) there will be no fencing along West Street. A berm will be constructed and vegetated in accordance with the modified plan. 5) the vegetation that was on the original plan along the Sastre property will be tripled. Some has already been installed.
The Commissioners will meet at 6:00 p.m. on Monday, May 22, 2006 at 123 West Street (rear) to view the site. A Special Meeting will be held after the site walk at 7:00 p.m. at the Town Hall. David Richman, applicant, said that one them would have be present at the site walk, due to insurance reasons. The presentation will be kept open until the special meeting.
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V. DISCUSSION AND POSSIBLE VOTE
a. Application of James W. Gallagher, Owner, Michael Gallagher, Agent, for a Special Exception for a Change of Use to allow for an auto repair service pursuant to Article Seven, Section J.b of the Simsbury Zoning Regulations on property located at 8 Herman Drive. (continued from April 3, 2006 meeting)
No motion made.
b. Application of Steven Walker, Grove Capital, LLC, Owner, for a Site Plan Amendment for modifications to the existing entrance court at the Simsbury Town Shops, 920 – 930 Hopmeadow Street.
Commissioner Askham moved to approve the application of Steven Walker, Grove Capital, LLC, Owner, for a Site Plan Amendment for modifications to the existing entrance court at the Simsbury Town Shops, 920 – 930 Hopmeadow Street. The motion was seconded by Commissioner Gilkey and passed unanimously.
c. Application of David W. Burr, Arbor Associates, Owner, for a Site Plan Amendment for clarifications of type of fencing, and location of buffer material and air conditioning pads on property located at West Street Storage, 123 West Street (rear).
No motion made.
VI. APPROVAL OF MINUTES of May 1, 2006
Commissioner Delehanty returned to the meeting at 7:40 p.m.
Commissioner Popik moved to approve the minutes of May 1, 2006. The motion was seconded by Commissioner Donofrio and passed unanimously.
VII. STAFF REPORTS
a. Report from Zoning Enforcement Officer, Howard Beach
The commissioners and Mr. Beach discussed the attached report (Attachment I).
VIII. COMMUNICATIONS
None
IX. ADJOURNMENT
Commissioner Grace moved to adjourn the meeting at 8:00 p.m. The motion was seconded by Commissioner Popik and passed unanimously.
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Garrett J. Delehanty, Jr., Secretary
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