Zoning Commission Minutes 03/03/2014 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

ADOPTED MINUTES
March 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, March 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, Kevin Gray, Will Fiske, Derek Peterson and Vaughn Marecki. Others in attendance included Hiram Peck, Director of Planning, Jennifer Murnane, member of the Design Review Board, and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Doyle for Commissioner Ryan and Commissioner Marecki for Commissioner Post.

III. APPROVAL OF MINUTES

Minutes from February 3, 2014 Regular Meeting were unanimously approved.

IV. CONSENT ITEMS

A. Application #13-58 of Marc Lubetkin, Agent for George Markatos (Spiro Markatos), Owner, for a sign permit to replace the existing building sign on the property located at 10 Jim Gallagher Way (Map G10, Block 227, Lot 001A-RR). Zone SC-3.

Mr. Peck stated that according to a discussion he had with the Chairman of the Design Review Board, the members were in agreement of passing the application based on the letter prepared by Mr. Peck.  The letter pertained to previous discussions of the sign size and lighting.

A.  Commissioner Pomeroy approved Application #13-58 of Marc Lubetkin, Agent for George Markatos (Spiro Markatos), Owner, for a sign permit to replace the existing building sign on the property located at 10 Jim Gallagher Way (Map G10, Block 227, Lot 001A-RR). Zone SC-3. There were no objections made by The Commission.

V. PUBLIC HEARING(s)

A.  Application #14-04 of Seth Kinglsey, Applicant; Vincent Yokabaskas, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a grocery beer permit on the property located at 1610 Hopmeadow Street (Map H02, Block 402, Lot 007). Zone B-1.

Mr. Seth Kinglsey, stated that his convenience store was approved about a year ago but he has done nothing with the property. He plans to open the store after paperwork and insurance requirements are completed.  Mr. Kinglsey explained that he is in strict competition with Sunrise Convenience Store and noticed the amount of beer their patrons have purchased. He is asking for approval of a grocery beer permit and expects revenue of beer sales to generate less than $2 million a year. Mr. Kinglsey added that two coolers will be dedicated to cold beverages; half of the cooler will include juice, soda, iced tea and dairy, while the rest will include beer. His convenience store will sell the same items as Sunrise Convenience Store with the exception of soft-serve ice cream.

Ms. Sara Thornton, one of the owners of 1606 Hopmeadow Street, stated that she had discussions with the previous owner of the property, which used to be a liquor store. According to Ms. Thornton, the previous owner said that 70% of his business disappeared due to various reasons when the liquor store opened next to Stop and Shop. Her concern is that Mr. Kinglsey’s business will open and close fairly rapidly. She questions the competitive advantage of opening another store that sells liquor. Also, she would like to know when the store will open.

Ms. Liz Jachym of 11 Ice Pond, Granby, said that she was here last year when Mr. Kinglsey initially applied for an application but nothing has been done since. She is confused about the purpose of the shop and reasons why Mr. Kinglsey is asking to make changes when no progress has been made. Last year she brought up a concern about lighting but didn’t receive a response.

Commissioner Peterson moved to close the public hearing for application #14-04 of Seth Kinglsey. The motion was seconded by Commissioner Fiske and was unanimously approved.

B.  Application #14-05 of Scott Cohen, Applicant; Frederick Cohen, Owner, for a Special Exception pursuant to Article Seven, Section 9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 23 Crestview Road (Map J05, Block 113, Lot 055). Zone R-15.

Mr. Scott Cohen would like to refinish the basement of his grandparent’s house and plans to live there with his family. He would like to add two bedrooms, one bathroom and a kitchen. Originally, the application included a separate entrance to the basement. However, according to Mr. Cohen, the building inspector stated a second entrance isn’t required if two bedroom windows are installed above grade to serve as a form of egress. Mr. Cohen prefers to install the two windows in order to have more living space. The foundation will need to be cut to accommodate the window installations. There is a dumpster currently on the property because Mr. Cohen is currently doing work to the house. Mr. Cohen said the dumpster will be removed after the renovation is complete. He also agrees to fix the width of the driveway which will eliminate the muddy tire tracks in the yard.

Commissioner Fiske moved to close the public hearing for application #14-05 of Scott Cohen. The motion was seconded by Commissioner Doyle and was unanimously approved.

C.  Application #14-06 of Sunlight Construction Inc., Applicant: MCA Enterprises LLC, Owner; for a Site Plan Amendment and Zone Change from PO to PAD on the property located at 132 Firetown Road. (Map F09, Block 202, Lot 015+016). Zone PO.

Mr. Bill Ferrigno, Owner and Principal of Sunlight Construction of Avon, originally presented various plans to the Commission during an informal discussion on November 18, 2013. His revised designs for the 1.1 acre property include one duplex unit with two single units on the property. He is requesting a zone change to return the property to its original residential state. Mr. Ferrigno stated that he plans to rent the duplex and sell the two houses on the property.  His plans include adding two-car garages to the side of the duplex building and removing the proposed front entry. The duplex faces Firetown Road while one single home will face White Oak and the other Plank Hill Road.

Commissioner Fiske moved to close the public hearing for application #14-06 of Sunlight Construction, Inc. The motion was seconded by Commissioner Marecki and was unanimously approved.

The Commission then voted on each Public Hearing:

A.  Commissioner Peterson moved to approve Application #14-04 of Seth Kinglsey, Applicant; Vincent Yokabaskas, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a grocery beer permit on the property located at 1610 Hopmeadow Street (Map H02, Block 402, Lot 007). Zone B-1. The motion was seconded by Commissioner Doyle and was unanimously approved.

B.  Commissioner Fiske moved to approve Application #14-05 of Scott Cohen, Applicant; Frederick Cohen, Owner, for a Special Exception pursuant to Article Seven, Section 9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 23 Crestview Road (Map J05, Block 113, Lot 055). Zone R-15. Approval is based on the following three stipulations: Windows that replace the door are approved by the building inspector and meet all codes for ingress and egress; adequate parking is provided for all vehicles in order to prevent muddy tire tracks next to the driveway; premises are clear of dumpster or other debris. The motion was seconded by Commissioner Peterson and was unanimously approved.

C.  Commissioner Doyle moved to approve Application #14-06 of Sunlight Construction Inc., Applicant: MCA Enterprises LLC, Owner; for a Site Plan Amendment and Zone Change from PO to PAD on the property located at 132 Firetown Road. (Map F09, Block 202, Lot 015+016). Zone PO. The motion was seconded by Commissioner Fiske and was unanimously approved.

Commissioner Pomeroy stated for the record that Mr. Ferrigno was very responsive to the neighbors’ requests and the design has the potential to rehabilitate a building that is not attractive.

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

A.  Commissioner Doyle moved to approve Application #14.08 of St. Mary Church Corp., Owner, for a Site Plan Amendment for modular classrooms on the property located at 942 Hopmeadow Street (Map H09, Block 227, Lot 001). Zone SC-1.

Mr. Bill Heiden, Business Manager of St. Mary’s Parish, stated that St. Mary’s School conducted a security assessment and a number of risks were identified. The two most pressing issues include the amount of activity that takes place in the lower church and the transiting of vehicles in the parking lot on a daily basis. Mr. Heiden added there has been a 12% increase in weekend attendance over the last 12 months, which resulted in a demand for more meeting space.

Mr. Heiden stated that in order to meet the immediate need of the children, two modular units were added last week to create two extra classrooms. The units are located at the northeast corner of the school building. The objective of the Parish is to have a master plan completed and approved so that a long-term solution can be completed within the next two years. The modular buildings are expected to remain in place for 24 – 30 months. Mr. Heiden apologized that the modular units were added prior to the completion of the paperwork. He stated that he thought the paperwork was completed during his absence due to a death in the family last year.

A.  Commissioner Doyle moved to approve Application #14.08 of St. Mary Church Corp., Owner, for a Site Plan Amendment for modular classrooms on the property located at 942 Hopmeadow Street (Map H09, Block 227, Lot 001). Zone SC-1. The motion was based on the following: The applicant has four months to produce a draft plan that includes a timeline for the removal of the modular classrooms; the Commission does not want the modular classrooms on the property past December 31, 2015; a final plan implemented by the end of August 2014; if the deadlines aren’t met, the Commission reserves the right to revoke the approval and will require the modular classrooms removed from the property. The motion was seconded by Commissioner Fiske and was unanimously approved.

B. Discussion of ongoing projects and staff recommendations

At the request of the commission, Mr. Peck provided a document that defined the meaning of an accessory apartment. Mr. Peck asked the Commission for any comments or suggestions.

D. Re-allocation of soil material/open space at Dorset Crossing: 30 Dorset Crossing Drive (Map I04, Block 403, Lot 013-A), 10 Dorset Crossing Drive (Map I04, Block 403, Lot 13C-F), 55 Dorset Crossing Drive (Map H04, Block 403, Lot 13A-B), 100 Casterbridge Crossing (Map H04, Block 403, Lot 13A-C), 115 Casterbridge Crossing (Map H04, Block 403, Lot 13A-G), 130 Casterbridge Crossing (Map H04, Block 403, Lot 13A-D). (90 Casterbridge Crossing is owned by CT Light & Power – Map H04, Blcok 403, Lot 013-B).

Mr. Peck stated that there is a big hole in the back of Dorset Crossing property that is considered Town open space. Dorset Crossing suggested filling the hole with clean soil from other sites they are developing. Mr. Peck said he will contact the Conservation Commission for their input. He added that if the Zoning and Conservation Commissions agree, then a licensing agreement would be prepared.  Mr. Peck added that the agreement should specify that the land must be graded, seeded and have the soil certified as clean.

VII. ADJOURNMENT

Commissioner Pomeroy made a motion to adjourn the meeting at 8:25 P.M.  The motion was seconded by Commissioner Peterson and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk