Zoning Commission Minutes 02/03/2014 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

ADOPTED MINUTES
FEBRUARY 3, 2014

I.  CALL TO ORDER

Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:00 P.M. on Monday, February 3, 2014 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT Hopmeadow Street, Simsbury, CT.  The following members were present: Mike Doyle, Will Fiske, Gerald Post, Derek Peterson and Dave Ryan. Others in attendance included Hiram Peck, Director of Planning, and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Doyle for Commissioner Gray.

III. APPROVAL OF MINUTES

Minutes from January 6, 2014 Regular Meeting were unanimously approved.

IV. PUBLIC HEARING

A.  Application #14-01 of James V. Whittemore, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an existing accessory dwelling unit on the property located at 3 Whynwood Road (Map C19, Block 614, Lot 057). Zone R-40.

Mr. James Whittemore of 3 Whynwood Road is requesting the existing accessory apartment in his basement be legalized. The house was built in 1963 and the applicant has owned the house since 2007.  Mr. Whittemore stated that he added a stove and sink in the basement and received permits prior to the mechanical improvements. The owner also added a gravel area to park his truck. One person has been renting the apartment for the past two years.  During that time, the tenant’s two sons, along with their pet pit-bull, moved into the apartment. The tenant has two cars parked in the driveway. The applicant is in the process of evicting the tenant due to lack of rental payment since December 2013.

Mr. Kevin Crimmins of 5 Whynwood is opposed to the single-family home being turned into a multi-family residence. Mr. Crimmins is concerned about the impact of property values in the neighborhood.  Mr. Crimmins added that he is not opposed to in-law apartments, but he is opposed to the income-producing apartments because of the disruption that results, such as additional people and pets moving into the residence. He is asking that the Commission look more closely at the nature of the apartment prior to their decision.

Mr. Lawrence M. Sparks of 4 Whynwood stated that he has lived in the neighborhood for the past 18 years. He chose the neighborhood due to the characteristics of the area but does not feel the same way about the neighborhood today. Mr. Sparks enjoys the stability of the community and opposes the apartment dwelling because of the transient potential and rapid turnover. He added that if he was moving into the neighborhood today, the rental property would have an effect on his decision.

Mr. and Mrs. Montgomery of 3 Whynwood Road were unable to attend the meeting and submitted their comments in a letter.  Both object to the use of the residence as an income-producing property.  The letter stated that they specifically avoided areas with rental properties when they made their purchase four years ago.

Commissioner Fiske moved to close the public hearing. The motion was seconded by Commissioner Ryan and was unanimously approved.

Commissioner Doyle recused himself since he is a resident of the neighborhood.

Commissioner Post opposed the application since the applicant did not follow proper procedures.  The Commission asked Mr. Peck to speak with the Town Attorney and for the Town staff to provide a report stating if the applicant meets the eight requirements for an accessory dwelling unit.

Commissioner Ryan moved to table Application #14-01 of James V. Whittemore, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an existing accessory dwelling unit on the property located at 3 Whynwood Road (Map C19, Block 614, Lot 057). Zone R-40. The motion was seconded by Commissioner Pomeroy and was unanimously approved.

V. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:

A.  Application #13-49 of Marc Lubetkin, Agent for RSP-Simsbury, LLC, Owner, for a Site Plan Amendment for the expansion of the Red Stone Pub on the property located at 10 Jim Gallagher Way (formerly known as 10 Mall Way) (Map G10, Block 227, Lot 001A+RR). Zone SC-3.

Mr. Lubetkin is requesting to install an emergency exit door with an awning on the rear of the Red Stone Pub building. The door and awning was requested by the Simsbury Fire Marshal to comply with the State Fire Safety Code.  However, the door may extend into the adjacent property owned by Bank of America when fully opened. According to a letter dated February 3, 2014 from Mr. Robert DeCrescenzo, Esq., Town Attorney, Mr. Lubetkin has received consent from Bank of America for the emergency door and awning.

Commissioner Ryan moved to approve Application #13-49 of Marc Lubetkin, Agent for RSP-Simsbury, LLC, Owner, for a Site Plan Amendment for the expansion of the Red Stone Pub on the property located at 10 Jim Gallagher Way (formerly known as 10 Mall Way) (Map G10, Block 227, Lot 001A+RR). Zone SC-3.  Approval includes information outlined in the letter dated February 3, 2014 from Mr. Robert DeCrescenzo, Esq., Town Attorney.  The motion was seconded by Commissioner Fiske and was unanimously approved.

Commissioner Pomeroy stated for the record that CuraLeaf’s application was approved.

Mr. Peck stated that the consultant for The Hartford will be at the Simsbury Public Library on February 18, 2014.

Mr. Peck answered Commissioner Pomeroy’s question regarding the Powder Forest PAD. Mr. Peck suggested to the applicant that they should provide more design specifics prior to presenting to the Design Review Board.  Mr. Peck added that the person under contract for the assisted living facility included in the Powder Forest mixed-use development has decided not to be included in the PAD.

Commissioner Ryan requested that Town staff study the specifics and percentages of rental housing. The Commission is being faced with many applications for rental housing and he questions the number of units being proposed versus what the Town currently has available. Commissioner Pomeroy agreed that such information is valuable when the Commission votes on future rental housing.

VII. ADJOURNMENT

Commissioner Ryan made a motion to adjourn the meeting at 8:00 P.M.  The motion was seconded by Commissioner Fiske and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk