Zoning Commission 12/17/2012 ADOPTED

ZONING COMMISSION - REGULAR MEETING
ADOPTED MINUTES
DECEMBER 17, 2012

I. CALL TO ORDER
Robert Pomeroy, Chairman, called the regular meeting for the Simsbury Zoning Commission to order at 7:02PM on Monday, December 17, 2012 in the Main Meeting Room of the Simsbury Town Offices. The following members and alternates were present: Edward Pabich, Will Fiske, David Ryan, Vaughn Marecki, Ed Cosgrove, and Derek Peterson. Others in attendance included: Hiram Peck, Director of Planning; and other interested parties.

II. APPOINTMENT OF ALTERNATES
Commissioner Pomeroy appointed Commissioner Peterson for Commissioner Salls and Commissioner Cosgrove for Commissioner Post.

III. APPROVAL OF MINUTES of the December 3, 2012 Regular Meeting
Commissioner Pomeroy adopted the December 3, 2012 Regular Meeting minutes as presented.

I. PUBLIC HEARING(s)
Commissioner Pabich read the Legal Notice into record regarding the following agenda items:
(Agenda Item IV(a) was previously taken off the agenda)
b. Application #12-46 of Seth Kingsley, Agent for Vincent Yokabaskas, Owner, for a Special Exception pursuant to Article 7, Section E.6(d), of the Simsbury Zoning Regulations for a convenience store on the property located at 1610 Hopmeadow Street (Map H02, Block 402, Lot 007). Zone B1. and; c. To hear public comment and to consider adoption of the proposed amendments to the Town of Simsbury’s Zoning Regulations under: 1. Article Ten, Section K. 3. (revise wording)
b) Mr. Seth Kingsley addressed the Commission saying they are seeking a special exception in order to change the existing package store to Corn Crib Convenience. Mr. Kingsley said he was not going to change much and if there were a change to the exterior, he showed a sample of what stone would be used. Mr. Kingsley said he thinks this will benefit the neighboring properties. Commissioner Pabich asked if there were any renderings to show any planned changes and Mr. Kingsley said he will come back in front of the Commission if he does plan to change the exterior. He said he simply wants to change the use at this point.  Mr. Kingsley said he would sell prepared food, but will not be preparing the food on location and if they want to sell alcohol in the future, he will have to go get the proper licensing. The parking at the property was discussed and Mr. Kingsley assured the Commission there would be no blocking of traffic. Mr. Kingsley said he would take off the "Package Store" and “Liquor” wording off the building, but the rest of the exterior will remain the same. Mr. Peck said the sight lines appear to be good at the property when Commissioner Cosgrove asked if there were any issues related to the street width. Commissioner Marecki asked about the parking and Mr. Peck said since the square footage is not changing, there is no need to increase the parking area. Commissioner Peterson asked if the parking spaces are clearly delineated and Mr. Kingsley said they are, but he also has the equipment to repaint them in order to make them brighter. The size of the grass strip that separates the road from the parking lot was discussed.

Vincent Yokabaskas, Owner of the property, addressed the Commission and said he has never had a parking problem at the site and spoke about the property setback from the road. He said the property has always been landscaped and clean.

Sara Thornton - Owner of Raven's Natural Health, had no objection to the change and said she thinks it would improve the traffic flow and business for the neighboring businesses. She asked when the convenience store would open and Mr. Kingsley said he is aiming for March 2013.

Ann Henphy - 4 Ice Pond Road, Granby, asked what the hours of operation will be and Mr. Kingsley said he will keep the same hours as the neighboring businesses (pizza shop & bowling lanes). Ms. Henphy then asked if there is a need for this type of business with all of the proposed development in the area. Mr. Kingsley explained why he thinks there is a need.  She then said she is worried about increased traffic on Route 10 and hopes they are considered the traffic when landscaping is designed.

Elizabeth Jackham - 11 Ice Pond Road, Granby, addressed the Commission, saying she is concerned about the lighting in the area, since they project into her bedroom window. Mr. Kingsley said he would be willing to plant landscaping that will shield the lighting. The lighting at the surrounding properties was discussed.

Commissioner Pomeroy said, with regards to the lighting, he suggests that good neighbors be good neighbors and that particular lighting structure is not within the jurisdiction of the Simsbury Zoning Commission.

Cynthia Custer - 7 Ice Pond Road, Granby, asked about lighting rules within Simsbury. Mr. Peck said this particular light is owned by the State and he can ask if there is anything they can do.

Commissioner Fiske made a motion to close the Public Hearing regarding Application #12-46. The motion was seconded by Commissioner Marecki and passed unanimously.

Commissioner Pabich made a motion to amend the agenda in order to vote on Application #12-46 immediately. The motion was seconded by Commissioner Fiske and passed unanimously.

Commissioner Ryan asked if the Owner is abandoning the special exception regarding alcohol. Mr. Peck said that since the applicant stated they will not be selling liquor, that they would have to come back to the Zoning Commission in order to get a new special permit if they wanted to sell alcohol at the property in the future.  Commissioner Pomeroy asked Mr. Yokabaskas about the liquor permit and he said he has no interest in holding the liquor special exception. Commissioner Pomeroy stated if any future Owner/Occupant wants to sell liquor at the property, they will be required to come before the Commission to apply for a special permit. Commissioner Ryan said he doesn't see why they need to remove the right to sell alcohol, when that right goes with the property. Commissioner Cosgrove said he thinks they need to put a notice on the land records reflecting the loss of the special exception regarding liquor sales at the property. This topic was discussed further by the Commissioners.

Commissioner Peterson made a motion to approve Application #12-46 of Seth Kingsley, Agent for Vincent Yokabaskas, Owner, for a Special Exception pursuant to Article 7, Section E.6(d), of the Simsbury Zoning Regulations for a convenience store on the property located at 1610 Hopmeadow Street, with the modification suggested by Town Staff and to the extent possible that current tenants, with the help of Town Staff and possibly the State of Connecticut, solve the existing lighting issue. The motion was seconded by Commissioner Fiske and passed unanimously.

Commissioner Pomeroy reopened the Public Hearing in order to discuss Agenda Item IV(c).

Commissioner Fiske asked the purpose of the last bullet point (Such development may not be a local road which serves as primary access to a single family residential area). Mr. Peck said the point is to not over-burden a residential area with the traffic that might come along with an assisted living facility. Commissioner Cosgrove asked about the connecting road that is planned for Dorset Crossing and if they could put an assisted living facility there and Mr. Peck said yes, this change would allow that, and discussed that property further. He added that Powder Forest had also been a location discussed regarding as an Assisted Living Facility site, but as the regulations currently stand, it would not qualify. The language was discussed further and Commissioner Pomeroy suggested changing the wording to, “Such development may not be a local road which primarily serves as access to a single family residential area”.  Commissioner Ryan brought up bullet point #4, (Road condition and geometry as compared to the volume of traffic and other characteristics) saying it seems pretty subjective and could cover anything in bullet #5. Commissioner Ryan continued by saying, since the Town Engineer makes that determination at his sole discretion, if there is a risk of misinterpretation of Bullet #5, he would rather see it removed. Specific wording on the proposed language was discussed. 

Andy DiFatta, President EB Realty, said he would like to see this change enacted, as they have had a couple inquiries in the past regarding a potential assisted living facility on their Powder Forest property and they don’t qualify with the regulations as they currently read. He spoke about traffic flow and said they would like to be able to entertain these opportunities.

Commissioner Ryan made a motion to close the Public Hearing regarding Agenda Item IV(c). The motion was seconded by Commissioner Pabich and passed unanimously.

Commissioner Pomeroy said the intent of this new wording is to broaden the finite definition of where one of these facilities can go, so in his view, that it is a good thing. He said it could be sent back in order to have the language tweaked or they can accept it as presented.

The following changes were provided to Mr. Peck: 1) Reads as following: “No site plan shall be approved unless it is for property on an arterial road or another road which meets the criteria for a collector road.” Removing the following language: “...as determined by, and in the sole opinion of the Town Engineer.” 2) have #5 bullet read as follows: “Such development may not be a local road which primarily serves as access to a single family residential area”.

Commissioner Ryan made a motion to approve the revised language, including the additional changes proposed by the Commission on this evening of December 17, 2012, regarding Article Ten, Section K.3. The motion was seconded by Commissioner Pabich and passed unanimously.

V. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM INCLUDING:
a. Application #12-47 of Thomas Daly of Milone & MacBroom, Agent for The Ethel Walker School, owner, for a Site Plan Amendment for a new dormitory and utility upgrades on the property located at 230 Bushy Hill Road (Map D15, Block 115, Lot 006). Zone R-40.

Thomas Daly, Milone & MacBroom, Inc., introduced their team comprised of himself; Michael Stein, Stein Troost Architecture; and Tom Schneider, Director of Finance and Operations for Ethel Walker School.

Mr. Daly said they are proposing a new dorm at Ethel Walker School for the girls. He showed the Commissioners an aerial of the school and highlighted where they would like to place the proposed dorm. Mr. Daly said they are looking to strengthen the residential core of the campus. He spoke of alternate concepts they explored and the reasons they decided to go with this proposed location.  Mr. Daly spoke about the design of the interior of the proposed dorm and said the intent is to decrease the population of the existing dorms, and to create a prototype for future dorms. Mr. Daly said this dorm would house approximately 34 girls and faculty apartments as well on the wings of the building. He then showed the proposed site plan and spoke about orientation of the proposed dorm and the sidewalk network it will create. Mr. Daly then spoke about the topography of the site and the outside common spaces around the proposed dorm. Mr. Daly said they are looking to put a campus-wide booster system in order to improve the water flow/pressure. He said they are looking to increase the electrical system down on Sand Hill Road with a campus-wide generator. He described the look and feel of these improvements.

Mr. Stein then spoke, saying this is an exciting project for them, as it is a unique format for a dorm. He described the suites and the apartments, saying it is a 38-bed facility. Mr. Stein said it is a two-story building and then reviewed the second floor layout. Mr. Stein then moved onto the exterior architecture and described the style as a New England bed & breakfast and then showed the rendering. He spoke about the orientation of the proposed dorm. Commissioner Marecki asked how much of the treed area would be cleared. Mr. Stein said they would maintain a buffer, but in the winter, you would be able to see the building. The Design Review Board's two (2) suggestions were discussed (suggestion of a walkway widening and the questioning of the landscaping screen). Commissioner Pomeroy asked about the timing and Mr. Stein said they would be breaking ground as quickly as possible. Mr. Daly said he could see a foundation going in within 2-4 weeks and would like to have it ready for next year. It was noted that Douglas Margison, C.S. Margison, is the contractor. Commissioner Peterson asked why they didn't use any stone on the building, as the other buildings seem to all incorporate some type of stone. Mr. Stein said there is a stone base built into the design of the building. He then discussed the grades on the property. Mr. Peck said there had been a question as to why the building was not able to be pushed further east. Mr. Stein said it is all carefully designed around the grade. Tom Schneider spoke about the fire road they are improving, which was discussed.

Mr. Peck asked if they are planning to do the utility improvements simultaneously and Mr. Daly said yes. Mr. Daly assured the Commission that the generator is only for emergencies and spoke about the sound attenuator they plan install. The generator was discussed further.

Commissioner Cosgrove moved to approve Application #12-47 of Thomas Daly of Milone & MacBroom, Agent for The Ethel Walker School, owner, for a Site Plan Amendment for a new dormitory and utility upgrades on the property located at 230 Bushy Hill Road. The motion was seconded by Commissioner Ryan and passed unanimously.

b) Discussion of proposed Amendment to Zoning Regulations for Marijuana: Palliative Use; Dispensaries; Producers
Mr. Peck said he has spoken to Chief of Police, who is currently discussing when to make a presentation to the Commission regarding this topic.

VI. OTHER MATTERS AS MAY PROPERLY BE BROUGHT BEFORE THE COMMISSION
Commissioner Pomeroy said, in response to the Charter Review changes, he would suggest the creation of a subcommittee regarding process improvements and the overall relationship between Zoning Commission, Planning Commission and Design Review Board.

Glenn Chalder, AICP, Planimetrics, addressed the Commission regarding the IHZ. He began by reviewing the packet distributed to the Commission. Mr. Chalder suggested leaving the PAD intact and creating a Workforce Housing Overlay Zone. He said this overlay zone will not replace the original zoning of a property, but provide the additional opportunity for that workforce housing opportunity. He said it could be set up using creating five (5) different sub-districts (1.single-family, 2.duplex, 3.town house, 4.multi-family and 5.mixed-use).  This overlay zone and how it would work was discussed further. Mr. Chalder said this would be application based and the Commission would have the ability to approve or not approve based on their discretion.  He said they could adopt the mechanism of the overlay zone and decide how to use that tool. Mr. Chalder said this keeps the Zoning Commission in the driver seat because everything is based on special permits, giving the Commission control. He then described their options moving forward. Mr. Chalder spoke about the density numbers provided by the State as baseline numbers that he said can be used as a starting point for discussion. He then reviewed the affordability standards used by the State program, which can be modified since Simsbury is going off of the State agenda. Commissioner Pabich raised a question regarding the administration of this program, saying he thinks it really needs to be examined and he cannot see the Commission creating an ordinance when they don't know exactly how it will work. Mr. Chalder said he would like to share the Model Housing Affordability Plan with the Commissioners, which may answer a lot of his questions, specifically regarding administration. He said, if the Commission is comfortable, that document could be "endorsed" by the Commission but wouldn't be an official document. This topic of property resale price restrictions was discussed.

Commissioner Pomeroy said he hasn't seen the demand for this program to date, as they haven't had owners/developers asking for this program. The benefits of implementing this program were discussed by Mr. Chalder. Commissioner Ryan asked, if we are not conforming to the State requirements, what is the benefit to doing this program. In response, Mr. Chalder said, for every affordable unit created, Simsbury gets credits that work towards gaining a moratorium under the Affordable Housing Appeals Procedure. This topic was discussed further. Commissioner Pomeroy asked if they will get the "credit" if the Commission changes all of these different criteria. Mr. Chalder said he would need to speak with the Town Attorney and Mr. Peck on this question. Mr. Peck said he thinks there is a need for affordable units and he would like to increase the number of those units. Mr. Peck suggested speaking to a few property owners that might be interested in this program. The issue of density was discussed again, using the new developments in town as examples. The option of increasing height allowance was also discussed. Commissioner Pomeroy thanked Mr. Chalder for his work and asked that he distribute the Model Housing Affordability Plan document to the Commissioners for their review. Mr. Chalder said he would also collect information on the topic of a moratorium. He asked Mr. Chalder also to think about the administration issue, as it will be a major consideration.

Mr. Peck said he has been working on the sign regulations and the consultant working on the design guidelines, who is also working on this issue, will be back on January 14th to report to the Land Use Commissions and the public. He said that meeting may be held in the Library. Commissioner Pomeroy asked Mr. Peck to redistribute the 2013 Meeting Calendar to the Commissioner members.

VIII. ADJOURNMENT
Commissioner Ryan moved to adjourn the December 17, 2012 Regular Meeting of the Zoning Commission at 9:20PM. The motion was seconded by Commissioner Pabich and passed unanimously.

Respectfully submitted,

____________________________
Robert Pomeroy, Chairman