Zoning Commission 12/03/2012 ADOPTED

ZONING COMMISSION - REGULAR MEETING
ADOPTED MINUTES
DECEMBER 3, 2012

I. CALL TO ORDER
Edward Pabich, Secretary, called the regular meeting for the Simsbury Zoning Commission to order at 7:00PM on Monday, December 3, 2012, in the Main Meeting Room of the Simsbury Town Offices. The following members and alternates were present: Will Fiske, Amy Salls, David Ryan, Vaughn Marecki and Derek Peterson. Others in attendance included Hiram Peck; Director of Planning, and other interested parties.

II. APPOINTMENT OF ALTERNATES
Commissioner Pabich appointed Commissioner Marecki for Commissioner Pomeroy.

III. APPROVAL OF MINUTES of the November 19, 2012 Regular Meeting
Commissioner Pabich adopted the November 19, 2012 Regular Meeting minutes with the changes he presented.

I. PUBLIC HEARING(s)
Commissioner Fiske read the Legal Notice into record regarding the following agenda items;
a.)      Application #12-43 of Thomas R. Evans, Owner, for a Special Exception pursuant to Article 8, Section A(8), of the Simsbury Zoning Regulations to increase the coverage on the property located at 142 Hopmeadow Street from 53% to 57.8% (Map F18, Block 154, Lot 007A+8A). Zone B-1.

b.)     To hear public comment and to consider adoption of the proposed amendments to the Town of Simsbury’s Zoning Regulations under:
a.      Article Ten Section M: Housing Opportunity Development Zone.
b.      All references for Special Exception standards, unless otherwise directed by the  regulations, shall be to:
  i.      Article Seven, Section C. 10 (standards a. through h.); or
  ii.     Article Ten, Section A. 3. (standards a. through h.)
c.      Article Seven, Section L. Reword to: Simsbury Center Code:
d.      Refer to Simsbury Center Code, adopted April 15, 2011.
e.      Article Seven, Section M. Floodplain Zone:
i.      Renumber so as to properly number sections 3, 4, 5 and 6.
f.      Article Eight, Section A. Chart:
  i.      Revise Simsbury Center Zone to Simsbury Center Code, and
  ii.     Correct wording regarding coverage in the Simsbury Center Code area.
  iii.    Chart note (8) to be corrected to read Article Seven, Section C.10.

a) Application of #12-43 of Thomas R. Evans, Owner, for a Special Exception
Chris Smith, Shipman & Goodwin LLP, addressed the Commission on behalf of Thomas Evans, Owner of the property located at 142 Hopmeadow Street, Simsbury, CT. Attorney Smith explained the property is located in a B-1 district, which does allow for 40% maximum coverage, but the Regulations do allow the request for special exceptions.  Attorney Smith explained that they are asking for the approval of 57.8% coverage, which is still is below the 60% maximum allowable under the special exception. Attorney Smith told the Commission a map submitted in October 2011 incorrectly listed the site coverage as 50%, when in reality it was 53%. Then, Attorney Smith continued, when the additional nine (9) parking spaces were added, the coverage was actually increased to 57.8%. He referenced a memorandum from Hiram Peck, Director of Planning, dated November 30, 2012, which provides a detailed summary of the discrepancy.  Attorney Smith apologized for any inconvenience this has caused Mr. Peck or the Commission, but said there have been no issues with regards to traffic, parking, wetlands or drainage caused by the increased coverage. He continued by saying this was a mistake on the map and they apologize for coming to the Commission late on this topic. Attorney Smith concluded by saying this use is permitted for the property and the special exception allowing for this increase is permitted by the Zoning Regulations. He asked that the Commission accept this Special Exception this evening.

Commissioner Pabich asked for any pubic comment with regards to the application, and there was none. Mr. Peck said Mr. Ritson, the adjacent property owner, had communicated to him that he has no objection to this Special Exception.

Commissioner Peterson asked who was responsible for the error on the map submitted in October 2011 and Attorney Smith said it was the engineering firm that just had not picked up on the mistake. The numbers regarding coverage were then clarified further.

Commissioner Post made a motion to close the Public Hearing. The motion was seconded by Commissioner Fiske and passed unanimously.

Commissioner Ryan made a motion for approval of Application #12-41 of Thomas R. Evans, Owner, for a Special Exception pursuant to Article 8, Section A(8), of the Simsbury Zoning Regulations to increase the coverage on the property located at 142 Hopmeadow Street from 53% to 57.8%. The motion was seconded by Commissioner Post and passed unanimously.

Commissioner Pabich re-opened the public hearing in order to address Agenda item IV.b.

Mr. Peck briefly reviewed the proposed revisions, which he noted are truly administrative changes to the Zoning Regulations. Mr. Peck said once these are approved, he will get everyone a copy of the revised and updated Zoning Regulations reflecting these changes. Mr. Peck noted that Town Staff will continue working on the regulations in order to clarify wording. Mr. Peck asked the Commission to not act on the proposed change to Article 10, Section K.3, as it was not properly included in the legal notice, and it would not be proper to act on the change this evening. He said he will put it into a legal notice which will allow the Commission to act on it at the next meeting.

Commissioner Peterson asked for further clarification on a couple of the proposed changes from Mr. Peck, which he provided. Commissioner Fiske asked that Mr. Peck alter the language on the last bullet of the Article 10, Section K3 proposed change prior to the Commission acting on it at the next meeting. Mr. Peck said he will have alternative solutions for at the next meeting prior to taking action.

Commissioner Pabich asked for any public comment regarding this item; there was none.

Commissioner Ryan made a motion to close the Public Hearing. The motion was seconded by Commissioner Fiske and passed unanimously.

Commissioner Post made a motion to accept the proposed changes to the Zoning Regulations presented by Mr. Peck, subject to the fact that it does not include acting on the proposed changes regarding Article 10, Section K.3. The motion was seconded by Commissioner Salls and passed unanimously.

V. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM INCLUDING:
a) Discussion of proposed Amendment to Zoning Regulations for Marijuana: Palliative Use; Dispensaries; Producers

Commissioner Pabich asked if anyone wanted to provide comments on this topic. Mr. Peck said in the next few weeks, they will try to collect comments regarding this issue from a lot of different parties in Town in order to provide the Commission additional feedback for consideration. He also noted there is no reason to rush on this topic, and that they can take their time. Commissioner Pabich asked for a copy of the regulations adopted by Canton on this topic. The Commission also asked Mr. Peck to compile a comparison of other Towns that have also acted already, in addition to Canton. Mr. Peck said he would get copies of those who have already drafted regulations for the next meeting.

b) Application #12-45 of Thomas J. Daly, P.E., of Milone & MacBroom, Inc., Agent for Simsbury Turnpike Realty, LLC, Owner, for a Site Plan Amendment to install 10 car vacuum spaces and remove an existing gravel area on property located at 15 Albany Turnpike.

Brian Nisula, Simsbury Realty Turnpike Realty, LLC, addressed the Commission by saying he has an ultimate plan for the property, but for now, the small initial change to the site plan he is requesting today is instrumental in getting the business back up and running. He described the car vacuum spaces they would like to install and said he will then be back in front of the Commission with a full plan for the center at a later date. When asked about the timing of the re-opening, Mr. Nisula said the tenant hopes it is as soon as possible, maybe within 60 days. Mr. Nisula said they have met with the State Traffic Commission, Avon Town Planner, Fire Chief, and the Police Chief, regarding the traffic flow for the center in the future, when the ultimate plan is achieved.  Commissioner Marecki asked Mr. Nisula about the traffic flow on the site and the Owner said there is plenty of room for safe movement. Commissioner Pabich asked if it will be paved or gravel and Mr. Nisula said eventually it will be paved, but it has to be gravel for now, as there will not be time to get it paved this year.  The layout of the site was discussed further. The vacuum stations were discussed, as there was some discrepancy between the numbers represented on the site plan and the number Mr. Charles Bronstein, Tenant, quoted. Mr. Peck said as long as the structure is built in accordance with the plan presented to the Commission, the exact number is not an issue. It was explained by Mr. Bronstein that that there will be eight (8) car vacuum parking spaces with one (1) additional space on each end that will not serve as a vacuum space, which is why it looks like 10 on the plan. Commissioner Pabich asked about their projected schedule regarding coming back to the Commission with the full plan Mr. Nisula referenced earlier, and Mr. Nisula said within the next two (2) months. Commissioner Ryan asked if this plan conforms with the Zoning Regulations and Mr. Peck said this is not a significant change and is really a site plan amendment. Traffic flow was discussed further. Commissioner Salls asked for further clarification about the traffic light. Mr. Peck said this falls under Article 5, Section J, of the Zoning Regulations as simply an amendment to the previous site plan. 

Commissioner Post moved for approval of Application #12-45 of Thomas J. Daly, P.E., of Milone & MacBroom, Inc., Agent for Simsbury Turnpike Realty, LLC, Owner, for a Site Plan Amendment to install eight (8) car vacuum spaces, and two (2) additional spaces, and remove an existing gravel area on property located at 15 Albany Turnpike. The motion was seconded by Commissioner Ryan and passed unanimously.

VI. OTHER MATTERS AS MAY PROPERTY BE BROUGHT BEFORE THE COMMISSION
Mr. Peck said Town Staff did send out the RFP/RFQ regarding the Village District topic previously discussed and those are due back on December 21st. He said they have done the same with the Marketing Study, which is due back December 21st, as well.

Mr. Peck then let the Commission know that Powder Forest Homes wanted to swap one lot for another lot, with regards to home-style. He said it is not changing the total number of units, so Town Staff thought it appropriate to handle it administratively. Mr. Peck said this was not a significant change. Commissioner Post asked when they would break ground on the second phase and Mr. Peck said he did not know. Commissioner Salls asked how it is going with the Landworks Development project on West Street and Mr. Peck said they are moving along very nicely.  The project was discussed further. Mr. Peck said that he has had continued discussions with significant developers regarding potential projects in Town Center and he will hopefully have something to discuss with the Commission within the next month or two.

VIII. ADJOURNMENT
Commissioner Ryan moved to adjourn the December 3, 2012 Regular Meeting of the Zoning Commission at 7:48PM. The motion was seconded by Commissioner Salls and passed unanimously.

Respectfully submitted,

____________________________
Edward Pabich, Secretary