Zoning Board of Appeals Minutes 09/17/2014 ADOPTED
ZONING BOARD OF APPEALS
SEPTEMBER 17, 2014
REGULAR MEETING
I. CALL TO ORDER
Chairman Greg Piecuch called the regular meeting of the Zoning Board of Appeals to order at 7:03 p.m. in the Main Meeting Room at Simsbury Town Hall. The following members were also present: Paul Cocchi, Katie Martin, Craig Maccormac, and Dennis Fallon. Also present were Michael Glidden, CFM, CZEO; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Piecuch initially appointed Dennis Fallon to serve for Thomas Horan and Paul Cocchi, Jr. to serve for Tegan Blackburn.
Following Thomas Horan joining the meeting at 7:05 p.m., Chairman Piecuch altered the appointment so that Dennis Fallon would serve for Carol Bingham.
III. PUBLIC HEARING
1. Application #14-14 of Chen & Gao Realty LLC, Owner, for Front and Side Yard and Max Coverage Variances pursuant to Article Eight, Section A; Parking and Circulation Drive Minimum Setback Requirements to Side and Rear Property Lines Variances pursuant to Article Ten, Section E.3; and Parking Ratio Requirements for Restaurants Variances pursuant to Article Ten Section E.4, of the Simsbury Zoning Regulations to accommodate the construction of a mixed-use building housing a restaurant on the first floor and two 2-bedroom apartments on the second floor on the property located at 568 Hopmeadow Street (Map G12, Block 132, Lot 037). Zone B-1. (continued from 8/27/2014)
Application #14-14 was withdrawn.
2. Application #14-15 of Tunji Somma, CT Auto Spa, Agent; Simsbury Turnpike Realty, LLC, Owner, for Variances pursuant to Article Ten, Section C.3a, of the Simsbury Zoning Regulations to allow for additional signage and a changeable sign on the property located at 39 Albany Turnpike (Map A20, Block 901, Lot 001). Zone B-3.
Application #14-15 was read into the record. Chairman Piecuch noted documents received for the record were: 1) a signed affidavit, and 2) a note from the property owner authorizing Tunji Somma to appear as their representative.
Tunji Somma explained signage initially proposed for the car wash renovation was halo lit, used Car Wash red letters, and placed their logo on all the gables; however, the sign square footage allowed needed to be based on Rte. 44 linear frontage or about 64 sq. ft. At the time, the new access road from the intersection to the plaza back was not in place. Looking at a 100-foot long section of the building, they have now proposed to the Town dropping the logo on the rear of the building, reducing the logo on the east and west gables, and having just the Car Wash sign. The Board was shown sign drawings. The Applicant would like increased visibility to traffic traveling in both directions on Rte. 44; and combined with the new access road increased traffic to the back of this mall, they would like to have a halo lit Car Wash sign on that gable. Halo lit was explained to the Board as having a raised effect with perimeter lighting making it more legible while no light shines directly on the sign. Town Staff explained that internally lit signs are prohibited under Zoning Regulations, but halo lit signs are permitted and recommended by Staff, and are usually approved by Zoning as part of a unified sign design for commercial developments. The Applicant indicated an approved front halo lit sign has already been ordered and they are now requesting the same size Car Wash halo lit signs for the 2 sides to provide aesthetically consistent signage, as discussed with Town Staff. Removing the 15 sq. ft. logo would allow them to have the requested sign square footage.
Town Staff confirmed that 3 variances are requested. Two variances would be to increase the building sign square footage by a total of 28 sq. ft. for each of the two Car Wash signs at 14 sq. ft. each. Town Staff confirmed the variance for the 2 signs would be 28 sq. ft. with one sign located on the western elevation toward Canton and one sign on the eastern elevation toward Avon.
The Applicant also requested a variance for the street sign. The top 8-foot x 2-foot half was previously approved and they would now like to modify the sign in order to put up daily specials and have a changeable sign for the bottom glass portion. Town Staff indicated that it is a free-standing permanent sign and normally would change only with a change in tenants. A changeable sign would essentially be a message board changing the intensity beyond open/close and requiring a variance allowing the Applicant to change the sign at will. The Applicant indicated the current street sign is 10-feet x 3-feet and the changeable part would be 6 x 18. This variance would be for the changeability aspect of the sign.
The square footage variance would be for the two additional wall-mounted signs with 1 sq. ft. allowed for every 1 foot of linear frontage along a public road; Town Staff noted the driveway access is not considered a public road. The Board reviewed the overall 1.5 acre triangle-shaped property layout and amount of frontage. Town Staff indicated there was 67 feet of frontage. No signage was proposed for the south elevation at the rear; on the east elevation the logo and Car Wash were proposed totaling 29 sq. ft. (15 + 14); the words Car Wash totaling 28 sq. ft. (14 x 2); adding in the 32 sq. ft. sign, the final proposed square footage total would be 89 sq. ft. with 67 sq. ft. allowed leaving a 22 sq. ft. variance.
The Applicant indicated if the changeable sign were not approved by the Board, they would probably stay with the already ordered sign. Town Staff confirmed there are no other changeable signs in Town, probably due to life safety issues as moving signs could distract drivers, and also due to aesthetic issues. If the Board approved the changeable sign variance, it would run permanently with the land; and Town Staff would have to determine whether it should return to DRB and the Zoning Commission for further review. Town Staff indicated this is a unique variance request and the Board proceeded to discuss signage in Town. Regarding stipulating the timing allowed for manual sign changes, it would be difficult for Town Staff to regularly verify compliance. The Applicant considered submitting the PP changeable signs through the Town's temporary sign process, if necessary. The Board looked at the Article 10, Section C regulations for temporary signs which allowed: "one temporary free-standing sign per business advertising a special sale, promotion, or other business event shall be permitted four times per year under the following circumstances: 1) a permit is received from the ZEO; 2) the sign shall not be more than 12 sq. ft., no more than 4 feet high; the permit shall be issued in 14-day increments." The Board concern was that the variance was being requested to go around the regulation and Town signage process, and with no other review, it would not reflect the spirit of the law. Regarding further defining the changeable type of sign, Town Staff indicated that approval could require them to return to ZBA and cautioned it could also set precedent.
The Board discussed the hardship claim related to the frontage and square footage permitted and felt that the hardship did not apply to the changeable sign. The Applicant explained their desire to have signs for a variety of charitable events on a particular day, along with daily specials. While the Board acknowledged the Rte. 44 business area as quite different from the center of Town, they did not see a hardship for the changeable sign.
Town Staff reviewed that the Board can vote on each of the 3 applications - 2 building mounted signs for the east and west sides, and the changeable sign; or approve or deny it as a package. The building elevation facing Rte. 44 is set. Staff recommended that if the variance for the wall mounted signs is granted, that the Board refer to a plan and be specific about the elevation of the building referred to, e.g. to grant 22 extra square feet of wall-mounted signs specifically to the eastern elevation and western elevation of the building per plan titled __, dated __, etc. That would allow a clear understanding of what was granted because the variance runs with the land and it would apply to potential future renovations. The Board noted that if the changeable sign were not approved that 16 sq. ft. would allow the Applicant to put signage on one building side without needing a variance. Town Staff suggested if a variance were granted for the square footage, it could be conditioned that it not be used for the changeable sign. The Applicant reviewed there would be 16 sq. ft. on the street, 15 sq. ft. on the front logo, and the Car Wash on 3 sides for 42 sq. ft. totaling 74 sq. ft. which is 6 sq. ft. over the 67 sq. ft. allowed based on the frontage. As a compromise, the Applicant requested the 3 Car Wash signs, logo, and 8-foot x 2-foot sign on the street.
Chairman Piecuch invited the public to speak.
Chairman Piecuch closed the Public Hearing.
Board Member Horan made a motion to approve the request for a changeable sign on the property at 39 Albany Turnpike (Map A20, Block 901, Lot 001). Zone B-3, as presented on the paper presented to the Board showing the changeable sign location and suggested printing.
Board Member Martin seconded the motion.
The Board Members complimented the Applicant's effort to compromise, discussed the difficulties in promoting business, and the potential of a future zoning overlay for Rte. 44 businesses.
The motion failed to pass unanimously.
The Board Members clarified that 6 additional square feet are requested for specific signs of 29 sq. ft. on the north elevation, 14 sq. ft. on the west elevation, and 14 sq. ft. on the east elevation. Town Staff recommended referring back to the plans, specifically the eastern and western elevation variances. The Board noted that with the first variance denied, the Applicant could mount a Car Wash sign on the east or south elevation without a variance, or make the sign on the north larger. Town Staff confirmed that total signage allowed is based on the 67 sq. ft. of frontage with a maximum of 32 sq. ft. for the free-standing 31 sq. ft. sign with the remainder to use for wall signage; and based on the signage shown here, the Applicant is 6 sq. ft. over and the variance could be granted specifically for 6 sq. ft. of wall-mounted signage.
Board Member Martin made a motion to approve the Variance for six additional square feet of wall mounted signage with the hardship being it is set back from the road and needing additional signage to publicize the business.
Board Member Horan seconded the motion.
The Board Members discussed the shape of the lot, orientation of the building on the property, and difficulty publicizing the business.
The motion was passed unanimously.
The Board Members thanked the Applicant and wished him luck on the new venture.
IV. UPDATE RULES AND PROCEDURES
None.
V. APPROVAL OF MINUTES of August 27, 2014
On Line 14, the name "Martin" is corrected to "Piecuch", and following the word "member", the words "for Craig Maccormac" are added.
Board Member Martin made a motion to approve the August 27, 2014, minutes, as amended.
Board Member Horan seconded the motion, and it was passed unanimously.
Town Staff confirmed that it would be advantageous to refer to plans and dates presented by Applicants as a general rule.
VI. OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION
Regarding the previously tabled Application, Town Staff indicated the Application was withdrawn as a deal was struck with the next-door neighbor. They may re-apply for a variance with the Board, but nothing has been submitted to date.
Town Staff advised that Lisa Gray resigned as Clerk and Janis is filling in. Rachel Blatt, Assistant Town Planner was introduced to the Commission and explained she worked in Planning and Zoning last year in Enfield.
VII. ADJOURNMENT
Board Member Maccormac made a motion to adjourn the meeting at 8:00 p.m.
Board Member Martin seconded the motion, and it was passed unanimously.
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Katie Martin, Secretary