Zoning Commission Minutes 02/23/2015 SPECIAL MEETING

ZONING COMMISSION - SPECIAL MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
FEBRUARY 23, 2015

I.  CALL TO ORDER
 

Commissioner Robert Pomeroy called the special meeting for the Zoning Commission to order at 7:05 P.M. on Monday, February 23, 2015 in the Board of Education meeting room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Kevin Gray, Derek Peterson and Gerald Post. Others in attendance included Hiram Peck, Director of Planning and other interested parties.

II. APPOINTMENT OF ALTERNATES

For the Record, Commissioner Jackie Battos arrived at 7:10 pm. Commissioner Pomeroy appointed Commissioner Battos for Commissioner Marecki.

III. APPROVAL OF MINUTES

Minutes from January 5, 2015 Regular Meeting were approved as submitted.

IV. CONSENT ITEMS

1. Application #15-01of GreenWood Sign & Graphics, Agent: Simsbury Town Shops, Owner; for a Sign Permit for Olympic TaeKwonDo on the property located at 928 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zones SC-1, SC-2, and SC-3. (received 02/02/2015; decision must be rendered by 04/08/2015). 

Mr. Peck stated to the Commission that the TaeKwonDo sign is replacing the existing sign and meets all requirements.

1. Commissioner Pomeroy approved Application #15-01of GreenWood Sign & Graphics, Agent: Simsbury Town Shops, Owner; for a Sign Permit for Olympic TaeKwonDo on the property located at 928 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zones SC-1, SC-2, and SC-3. (received 02/02/2015; decision must be rendered by 04/08/2015). 

2. Application #15-03 of Lorri DiBattisto, Agent: Shepherd of the Hills Evangelical Lutheran Church, Owner; for a Site Plan Amendment for the expansion of the existing building on the property located at 7 Wescott Road (Assessor’s Map I03, Block 402, Lot 004B). Zone R-40. (received 02/02/2015; decision must be rendered by 04/08/2015).

Mr. Peck stated to the Commission that the Applicant needs to repair existing damage to the church and is requesting approval for a slight expansion to the entrance for coverage purposes.

2. Commissioner Pomeroy moved to approve Application #15-03 of Lorri DiBattisto, Agent: Shepherd of the Hills Evangelical Lutheran Church, Owner; for a Site Plan Amendment for the expansion of the existing building on the property located at 7 Wescott Road (Assessor’s Map I03, Block 402, Lot 004B). Zone R-40. (received 02/02/2015; decision must be rendered by 04/08/2015). The motion was seconded by Commissioner Peterson and was unanimously approved.

V. PUBLIC HEARING

1. Application #15-02 of Hans P. Hansen Agent; Venkataramana Sarma and Yasodhara Pullela, Owners; for a Special Exception pursuant to Article Seven, Section C9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 5 Old Oak Drive (Assessor’s Map D19, Block 609, Lot 085). Zone R-40. (received 02/02/2015; decision must be rendered by 04/08/2015).

Mr. Hans Hansen of Hansen Architectural Design described the designs for an addition to the owner’s house. A relative with medical problems will be moving in with the owners.  The addition is currently under construction.  The owner has a permit for the expansion and is requesting a permit to add a kitchenette.  Mr. Hansen also mentioned that a three-season porch will be added.

Mr. Peck stated that the Town received two letters from residents in support of the accessory dwelling unit. He also added that the three-season porch complies with regulations.

The Commissioners discussed their opinions on the topic.

1. Commissioner Gray moved to close the public hearing for Application #15-02 of Hans P. Hansen Agent; Venkataramana Sarma and Yasodhara Pullela, Owners; for a Special Exception. The motion was seconded by Commissioner Pomeroy and was unanimously approved.

1. Commissioner Pomeroy moved to amend the agenda to vote on Application #15-02. The motion was seconded by Commissioner Gray and was unanimously approved.

1.  Commissioner Gray moved to approve Application #15-02 of Hans P. Hansen Agent; Venkataramana Sarma and Yasodhara Pullela, Owners; for a Special Exception pursuant to Article Seven, Section C9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 5 Old Oak Drive (Assessor’s Map D19, Block 609, Lot 085). Zone R-40. (received 02/02/2015; decision must be rendered by 04/08/2015). The motion was seconded by Commissioner Pomeroy. Commissioners Battos, Gray, Pomeroy and Post voted in favor of the application. Commissioner Peterson voted against the application. The application was approved.

Note: Applications 2 and 3 were discussed simultaneously at the public hearing.

2. Application #14-49 of Ed Lally and Associates, Inc., Agent; Asian Relish LLC, Owner; for  Special Exception pursuant to: Article Eight, Section A.8, of the Town of Simsbury Zoning Regulations, to allow up to 50 percent increase in the maximum coverage; Article Ten, Section E.5.b of the Town of Simsbury Zoning Regulations, to reduce the length of the parking spaces adjacent to landscaped islands; and Article Ten, Section E.5.d, of the Town of Simsbury Zoning Regulations, to modify the surface construction requirements to allow alternative surfaces for two feet of some parking spaces on the property located at 570-572 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 038). Zone B-1. (received 01/05/2015; public hearing must close by 03/09/2015).

3. Application #14-50 of Ed Lally and Associates, Inc., Agent; Chen & Gao Realty LLC, Owner; for Special Exceptions pursuant to: Article Eight, Section E.6 of the Town of Simsbury to permit a restaurant with liquor, beer, and wine licenses; Article Eight, Section A.8, of the Town of Simsbury Zoning Regulations, to allow up to 50 percent increase in the maximum coverage, Article Ten, Section E.5.b of the Town of Simsbury Zoning Regulations to reduce the length of the parking spaces adjacent to landscaped islands, and Article Ten, Section E.5.d, of the Town of Simsbury Zoning Regulations, to modify the surface construction requirements to allow alternative surfaces for two feet of some parking spaces on the property located at 568 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 037). Zone B-1. (received 01/05/2015; public hearing must close by 03/09/2015).

Mr. Ed Lally of Lally and Associates, Inc. described the reconstruction process of Green Tea Restaurant to include a new look to the front of the building and entrance way as well as adding outdoor seating and landscaping.  He showed plans of removing some parking spaces to add more landscaping.

Mr. Lally then described the design changes to the property next door to Green Tea Restaurant.  The building will also operate as a restaurant and the exterior design will match the Green Tea’s new exterior.  He added that parking will be in the rear and the property will include two apartments on the second floor

Mr. Peck stated that the applicant put a lot of time and effort towards the designs of both properties and the Design Review Board approves the upgrades.

2 &3. Commissioner Post moved to close the public hearings for Application #14-49 of Ed Lally and Associates, Inc., Agent; Asian Relish LLC, Owner for a Special Exception as well as Application #14-50 of Ed Lally and Associates, Inc., Agent; Chen & Gao Realty LLC, Owner; for a Special Exception. The motion was seconded by Commissioner Gray and was unanimously approved.

2 &3. Commissioner Pomeroy moved to approve Applications #14-49 and#14-50 as written in the Agenda with modifications from Mr. Peck.  The motion was seconded by Commissioner Peterson and was unanimously approved. The approved Applications #14-49 and #14-50 are as follows:

2. Application #14-49 of Ed Lally and Associates, Inc., Agent; Asian Relish LLC, Owner; for  Special Exception pursuant to: Article Eight, Section A.8, of the Town of Simsbury Zoning Regulations, to allow up to 50 percent increase in the maximum coverage; Article Ten, Section E.5.b of the Town of Simsbury Zoning Regulations, to reduce the length of the parking spaces adjacent to landscaped islands; and Article Ten, Section E.5.d, of the Town of Simsbury Zoning Regulations, to modify the surface construction requirements to allow alternative surfaces for two feet of some parking spaces on the property located at 570-572 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 038). Zone B-1. (received 01/05/2015; public hearing must close by 03/09/2015).

3. Application #14-50 of Ed Lally and Associates, Inc., Agent; Chen & Gao Realty LLC, Owner; for Special Exceptions pursuant to: Article Eight, Section E.6 of the Town of Simsbury to permit a restaurant with liquor, beer, and wine licenses; Article Eight, Section A.8, of the Town of Simsbury Zoning Regulations, to allow up to 50 percent increase in the maximum coverage, Article Ten, Section E.5.b of the Town of Simsbury Zoning Regulations to reduce the length of the parking spaces adjacent to landscaped islands, and Article Ten, Section E.5.d, of the Town of Simsbury Zoning Regulations, to modify the surface construction requirements to allow alternative surfaces for two feet of some parking spaces on the property located at 568 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 037). Zone B-1. (received 01/05/2015; public hearing must close by 03/09/2015).

The additional modifications are as follows and must be addressed as indicated:

1. The requirements of any granted variances are to be completed as stated in their approval. These variances are as stated in the staff memo dated January 30, 2015.

2. The Cross Easement Agreement as reviewed and approved by the Town Attorney must be executed and recorded on the Simsbury Land records at the same time as the Special Exception mylars for this development are recorded as required by CT law.

3. The record mylars showing the development as approved are to be recorded on the Simsbury Land Records in accordance with CT law, at the same time as the Cross Easement Agreement, the original Special Exception approval.

4. The plan for the proposed sign for this development shall be submitted to the land use department staff for review and processing prior to its placement on the site.

5. Any revision to the plan for either 570-572 or 568 Hopmeadow shall be made known to the Planning Department staff for a determination as to whether the revision can be reviewed administratively or whether it may need to be reviewed by another staff member, such as the Town Engineer or the Building Official or a board or commission for resolution.

VI. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM:

1.Application #14-48 of John M. McCarthy, Agent; Chestnut Hill Associates of Simsbury, LLC, Owner; for a Site Plan Amendment for The Ensign House at Chestnut Hill, consisting of 35 living units, on the property located at 690 Hopmeadow Street (Assessor’s Map G11, Block 132, Lot 053). Zones SC-1 and SC-3. (received 11/17/2014; decision must be rendered by 02/02/2015).

Mr. Bill Crosskey of Crosskey Architects described the changes to the design since the last presentation was made in November 2014. The major change included moving the south building away from the slope of the wetlands. Other changes included the addition of three units and dividing one large garage into three garages to minimize the scale.

Mr. Peck stated to the Commission that staff recommends these changes.  Commissioner Pomeroy stated that the applicant has been responsive to all requested changes and is pleased with the design.

1. Commissioner Pomeroy moved to approve Application #14-48 of John M. McCarthy, Agent; Chestnut Hill Associates of Simsbury, LLC, Owner; for a Site Plan Amendment for The Ensign House at Chestnut Hill, consisting of 35 living units, on the property located at 690 Hopmeadow Street (Assessor’s Map G11, Block 132, Lot 053). Zones SC-1 and SC-3. (received 11/17/2014; decision must be rendered by 02/02/2015). Commissioner Pomeroy’s approval includes the following:

Designate visitor parking at corner of Drake Hill and Hopmeadow Street if possible.

Storm water plans should be approved by the Town Engineer.

Roofing material for all buildings on the property should match in color.

The motion was seconded by Commissioner Gray and was unanimously approved.

VII. INFORMAL DISCUSSION

Mr. Bill Ferrigno of Sunlight Construction in Avon discussed plans to create a workforce housing development on 28 acres property behind houses on Hoskins Road. The proposed development includes single-family detached houses, detached town houses and an apartment building. Homeowners will not own the land but they have to maintain the grounds.

Mr. Jack Kemper of Kemper Associates Architects discussed the exterior designs of the proposed houses, townhouses apartment building.

Mr. Peck stated that the mixed housing interests the Town. If approved, it will be the first time work force housing is used in the town.  The Commissioners gave their comments and suggestions to the development team.

VIII. DISCUSSION OF NEW AND ONGOING PROJECTS

Discussion of budget for FY 2015-2016 will be held on March 5th wtih the Selectman.

Status of Agreement for Zoning Regulations revisions:The agreement has been approved by the Town Attorney and is currently being reviewed by the Selectman.

Others: Commissioner Peterson has resigned from his volunteer position on the Economic Task Force. Commissioner Pomeroy was looking for volunteers to fill the newly opened seat.

IX. ADJOURNMENT

Commissioner Gray made a motion to adjourn the meeting at 9:15 P.M.  The motion was seconded by Commissioner Pomeroy and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk