Zoning Commission 03/04/2013 ADOPTED

ZONING COMMISSION - REGULAR MEETING
ADOPTED MINUTES
MARCH 4, 2013

I. CALL TO ORDER
Robert Pomeroy, Chairman, called the regular meeting for the Simsbury Zoning Commission to order at 7:090PM on Monday, March 4, 2013 in the Main Meeting Room of the Simsbury Town Offices. The following members and alternates were present: Will Fiske, Ed Pabich, Gerald Post, Vaughn Marecki, Derek Peterson and Amy Salls. Others in attendance included: Hiram Peck, Director of Planning; and other interested parties.

II. APPOINTMENT OF ALTERNATES
Commissioner Pomeroy appointed Commissioner Marecki as the alternate for Commissioner Ryan.

III. APPROVAL OF MINUTES - February 4, 2013 Regular Meeting
Commissioner Pomeroy adopted the February 4, 2013 minutes with a change presented by Commissioner Pabich.

IV. CONSENT AGENDA ITEM(s) a. Application #13-05 of Burke LeClair, Business Manager of Simsbury Public Schools, Agent for Town of Simsbury, Owner, for a sign permit for Central School on property located at 29 Massaco Street (Map H09, Block 202, Lot 007). Zone R15
b. Application #13-11 of Mi S. Park, Agent for Robert G. Holloway, Owner, for a sign permit for Twinkle Nail & Spa on property located at 1386 Hopmeadow Street (Map I05, Block 439, Lot 004D). Zone B2.
c. Application #13-12 of Tony Giorgio, Owner of Dorset Crossing, LLC, Owner, for a sign permit for Saint Francis Care New England Urgent Care on property located at 30 Dorset Crossing Drive (Map I04, Block 403, Lot 013). Zone PAD.
Commissioner Pabich made a motion to approve the consent agenda items regarding Applications #13-05, #13-11 and #13-12, noting that Article 10, Section C 3(a) of the Zoning Regulations applies to Application #13-12. The motion was seconded by Commissioner Fiske and passed unanimously.

IV. PUBLIC HEARING(s)
Commissioner Pabich read the legal notices regarding the following public hearing items:
a. Application #13-03 of Barbara Foley-Ron Foley Foundation, Agent for Robert Patricelli, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a one day event on the property located at 79 Hartford Road  (Map G16, Block 110, Lot 002). Zone R-80.
b. Application #13-06 of Marc Lubetkin, Agent for RSP-Simsbury, LLC, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a series of proposed events on the property located at 10 Mall Way (Map G10, Block 227, Lot 001A+RR). Zone SC-3.
c. Application #13-07 of Gerard G. Toner, Agent for Town of Simsbury, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a series of proposed events on the property located at 22 Iron Horse Boulevard (Map H09, Block 226, Lot 003A). Zones SC-3 and SC-4.
a.) Application #13-03 - Barbara Foley, provided details on the Kentucky Derby Fundraiser and said it is the 5th year for this fundraiser. There were no questions for Ms. Foley.

b.) Application #13-06 - Marc Lubetkin, gave a summary of the events he would like to hold throughout 2013.  He said he has received approval from his neighbors, all of which are excited about the increaed traffic to the property. Mr. Peck said that if the date is going to change, they ask for as much notice as possible. Mr. Lubetkin then described the overflow parking and controls on who can enter these events.

c.) Application #13-07 - Gerry Toner, Director of Culture, Parks and Recreation, said he is here on behalf of the PAC in hopes to receive a blanket permission for a temporary liquor permit so they can streamline the process. He noted this is an important part of marketing these events and it would allow them to move in a more timely fashion. Mr. Toner noted that Bob Hensley and Ferg Janson are in the audience in support of this application. He spoke about the history of alcohol's presence at these events. Mr. Hensley spoke about the different levels of involvement alcohol plays in the different events.

There were no questions/comments from public audience.

Commissioner Pabich made a motion to close the Public Hearing regarding Applications #13-03, #13-06 and #13-07. The motion was seconded by Commissioner Fiske and passed unanimously.

Commissioner Pabich made a motion to amend the agenda in order to vote on the public hearing items immediately. The motion was seconded by Commissioner Post and passed unanimously.

PUBLIC HEARING ITEMS
Commissioner Pabich moved for approval of Application #13-03 of Barbara Foley-Ron Foley Foundation, Agent for Robert Patricelli, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a one day event on the property located at 79 Hartford Road. The motion was seconded by Commissioner Fiske and passed unanimously.
Commissioner Salls moved for approval of Application #13-06 of Marc Lubetkin, Agent for RSP-Simsbury, LLC, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a series of proposed events on the property located at 10 Mall Way, with the stipulation that if a date needs to be moved, Mr. Lubetkin will provide the Town with ample warning so Town Staff can prepare accordingly. The motion was seconded by Commissioner Fiske and passed unanimously.
Commissioner Post moved for approval of Application #13-07 of Gerard G. Toner, Agent for Town of Simsbury, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a series of proposed events on the property located at 22 Iron Horse Boulevard in accordance with the following stipulations which appear within a memorandum from Hiram Peck, dated February 4th. a)All events still need to have any required Public Gathering Permit meetings as required by the Zoning Enforcement Officer to coordinate ANY of the events proposed to be held at the PAC. b) PAC or PAC Manager or Parks and Recreation staff still need to secure ALL necessary permits or permissions from Board of Selectmen, FVHD, Police and State of CT as normally required. c) ALL events, including event dates, event rain dates, event details about specifics about the event are to be made known to the ZEO well in advance of the proposed performance or activity date so that a PGP coordination meeting can be scheduled if necessary and held prior to the event being held. The motion was seconded by Commissioner Pabich and passed unanimously.
DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM
a) Application #13-08 of LADA, P.C. Land Planners, Agent for Saint Catherine of Siena Church, Owner, for a site plan amendment for the expansion of the existing wetland crossing and parking modification on property located at 265 Stratton Brook Road (Map C11, Block 406, Lot 021). Zone R40.
Terri-Ann Hahn, LADA P.C. Land Planners, showed the Commissioners a site plan of St. Catherine of Siena Church, highlighting the existing wetland crossing. She said they would like to resolve the problem of street parking by using the existing field out back by expanding the wetland crossing and using the existing field as a gravel parking lot. Ms. Hahn described the minor parking reconfiguration, the paved turnaround, gravel parking lot and traffic flow. She then described the proposed lighting for the sidewalk, but said the parking lot will not be fully outfitted with lighting. Ms. Hahn said they have been to Wetlands Commission and DRB and there were no conditions/changes from either. Traffic patterns were discussed further, as was ingress/egress and handicap parking spaces. Ms. Hahn said there have been no comments from any neighbors.
Commissioner Pabich made a motion to approve an agenda amendment in order to vote on application #13-08 immediately. The motion was seconded by Commissioner Fiske and passed unanimously.

Commissioner Post moved for the approval of Application #13-08 of LADA, P.C. Land Planners, Agent for Saint Catherine of Siena Church, Owner, for a site plan amendment for the expansion of the existing wetland crossing and parking modification on property located at 265 Stratton Brook Road with the following conditions; a) A pre-construction meeting with the Town Engineer and Environmental Officer is required to be held at least 1 week prior to onset of any earth disturbance. The applicant must agree to any requirements imposed by the Town Engineer and the Compliance staff as part of the project work. b) The construction shall be monitored by the Town Engineer and Environmental Officer and the Compliance Officer as necessary to insure proper construction methods are followed. c) The applicant shall insure that any available and proper erosion and sedimentation control techniques are used on this site to protect this site and any abutting properties from erosion and sedimentation problems. d) Lighting shall be handled as proposed on the submitted plans. Any change in lighting may be required to be approved by the Commission. The motion was seconded by Commissioner Salls and passed unanimously.
b. Discussion and possible action regarding Incentive Housing Opportunity Zone (IHOZ)
Mr. Peck provided a brief recap of the history with regards to this topic. Mr. Peck highlighted the six (6) potential options and said he recommends to look at all 6 of those options in order to have the most amount of flexibility and then reviewed the options laid out within the draft.  Mr. Peck said the idea is to make something happen on this issue, and therefor, he said deed restricting in perpetuity might not be the best option and he would recommend 30 years. He spoke about the Building Design and Construction Guidelines, saying if the regulation is adopted, people need to feel comfortable that construction will be consistent with its surrounding neighborhood.

Mr. Peck said it is Staff recommendation that this draft gets into final form and be put in front of a Public Hearing on April 1, 2013. Commissioner Pomeroy said he thinks the initial issues that existed have been addressed and it eases his concerns knowing there are regulations that encourage developers to come in for pre-review to give the Commission an idea of how a project would look. He also said it is helpful to know that the density can be controlled and will be site appropriate.  Commissioner Pomeroy then said the administration was a big concern initially has been addressed. He continued by saying this issue is important to the town in order to attract developers looking to do this type of housing.

Mr. Pabich said he wants to ensure the Commission will have maximum discretion in terms of what a developer will ultimately do. Then the issue of sewer access was discussed after being raised as a question by Commissioner Pabich. Commissioner Pabich also said he thinks some language needs to be added with regards to enforcement and non-conformance. Mr. Peck he will speak with Town Attorney and make sure that is addressed, as he would like to have Town Attorney to provide comments prior to the Public Hearing anyway. Commissioner Post thanked Mr. Peck and Mr. Chalder for the work on producing this draft. Mr. Peck reminded everyone that 80% of these units are market rate units and only 20% are required to be workforce units. The importance of public education on this topic was discussed. Commissioner Fiske said he thinks it will be important to do more work up front that usual in order for public to have a good idea as to what a proposed project will ultimately look like. He then said he wants to make sure the administration component is also known up front and that he wants to make sure they are consistent with an area’s existing zone. The issue of consistency was discussed further. The language regarding compatibility vs. consistency within the draft regulation was discussed. 

Mr. Peck said this is a different product, but the process is really the same as other regulations currently in place, so if a particular project is a really bad idea, the Commission will know and catch it prior to anything happening.  The deed restriction length was discussed. Glenn Chalder, AICP, Planimetrics, discussed why he sees the appropriate length as 30 years as a minimum, saying it is a delicate balance, but not many towns have gone less than 30 years.

Commissioner Salls suggested having a one-page factual sheet in order to educate the public prior to the Public Hearing. It was suggested either a press release or a overview on SCTV be released. Mr. Chalder reviewed some proposed edit/additions pursuant to the conversations at this meeting and then the income statement (within the distributed packet) was discussed.

Commissioner Pomeroy said they should shoot for April 1st for the Public Hearing. He then stated by the March 18th meeting, he would like to see Town Staff get some deliverables ready in order to see what will be available for the public. 
c. Draft Policy for Stormwater Management and Drainage Design Guidelines Mr. Peck said ultimately they are trying to work the Low-Impact Development Stormwater Drainage guidelines into the regulations, but as a beginning step, they would like to start the process of adopting this as a policy, which the Town Engineer thinks is a good start. Mr. Peck asked the Commission members to review the guidelines for possible action at the next meeting.
Commissioner Peterson asked about the progress regarding the Big Y project. Mr. Peck said they are almost through the DOT process, which is their last hurdle. He said they want to start as soon as possible.

ADJOURNMENT
Commissioner Salls moved to adjourn the March 4, 2013 Regular Meeting of the Zoning Commission at 8:22PM. The motion was seconded by Commissioner Post and passed unanimously.

Respectfully submitted,

____________________________
Robert Pomeroy, Chairman