Zoning Commission Minutes 03/17/2014 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

ADOPTED MINUTES
March 17, 2014

I.  CALL TO ORDER

Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:12 P.M. on Monday, March 17, 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: Kevin Gray, Derek Peterson, Vaughn Marecki, Gerald Post and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Marecki for Commissioner Ryan.

III. APPROVAL OF MINUTES

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

IV. CONSENT ITEMS

A.  Application #14-02 of Chris Davis, ARTfx Signs, Applicant; Avon Marketplace Investors., Owner; for a sign permit for Pet Valu on the property located at 530R Bushy Hill Road (Map B20, Block 508, Lot 002A). Zone B-3.

A.  Commissioner Pomeroy approved Application #14-02 of Chris Davis, ARTfx Signs, Applicant; Avon Marketplace Investors., Owner; for a sign permit for Pet Valu on the property located at 530R Bushy Hill Road (Map B20, Block 508, Lot 002A). Zone B-3. There were no objections made by The Commission.

V. PUBLIC HEARING(s)

1.  Application #14-02 Kimberly Lazich, Applicant; Joyce D. Fuller, Owner; for a Special Exception pursuant to Article Seven, Section 9B, of the Town of Simsbury Zoning Regulations for an existing accessory dwelling unit on the property located at 292 Hopmeadow Street (Map G15, Block 153, Lot 014A). Zone R-40.

Ms. Joyce Fuller stated that she bought the property with the existing accessory one bedroom apartment in 1979.  In 1992, the applicant added a second apartment. Earlier this year, the applicant asked the tenant of the second apartment to leave. Ms. Fuller added that the tenant then notified the Town.  Ms. Fuller said that the second apartment will not be rented out anymore.

Commissioner Pomeroy stated that according to the staff report, the residence meets necessary parameters in terms of size, parking and two entrances.

1.  Commissioner Pomeroy moved to close the public hearing for application #14-02 of Kimberly Lazich. The motion was seconded by Commissioner Peterson and was unanimously approved.

2.  Application #14-09 of David Ryan, President of Simsbury Performing Arts Center, Inc., Applicant; Town of Simsbury, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a series of events on the property located at 22 Iron Horse Boulevard (Map H09, Block 226, Lot 003A). Zones SC-3 and SC-4.

Mr. Ferg Jansen of 3 Fox Den, requested a theatre permit for the season to sell beer and wine at the Meadows in Simsbury. A theatre permit will reduce the number of applications and appearances before the Commission each time a performance is held at the Meadows.

Commissioner Pomeroy asked if the request also applies to the Talcott Mountain Music Festival. Mr. Jansen replied that the permit is mainly for the Simsbury Performing Arts Center concerts and September Fest.  He is waiting to hear from the Hartford Symphony Orchestra for permission to have the public bring their own beer and wine and offer alcohol for sale at the Talcott Mountain Music Festival performances.

Commissioner Pomeroy commented that the request seems fair and more efficient. Mr. Jansen added that in the past, SPAC was unable to have musical groups appear since the process to apply for a license takes two to three weeks.

2.  Commissioner Pomeroy moved to close the public hearing for application #14-09 of David Ryan. The motion was seconded by Commissioner Marecki and was unanimously approved.

Commissioner Pomeroy moved to amend the agenda to discuss and vote on Applications #14-02 and #14-09. The motion was seconded by Commissioner Gray and was unanimously approved.

1.  Commissioner Gray moved to approve Application #14-02 Kimberly Lazich, Applicant; Joyce D. Fuller, Owner; for a Special Exception pursuant to Article Seven, Section 9B, of the Town of Simsbury Zoning Regulations for an existing accessory dwelling unit on the property located at 292 Hopmeadow Street (Map G15, Block 153, Lot 014A). Zone R-40. The motion was seconded by Commissioner Post and was unanimously approved.

2.  Commissioner Gray moved to approve Application #14-09 of David Ryan, President of Simsbury Performing Arts Center, Inc., Applicant; Town of Simsbury, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a series of events on the property located at 22 Iron Horse Boulevard (Map H09, Block 226, Lot 003A). Zones SC-3 and SC-4. The motion was seconded by Commissioner Marecki and was unanimously approved.

3.  Application #14-03 of Ensign-Bickford Realty, Owner for a Zone Change from I-2 to PAD on the properties located at 437 Hopmeadow Street (Assessor’s Map F13, Block 103, Lot 005-3), 200 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-4), 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5), and 275 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-6). Zone I-2.

Mr. Gus Jaminski of Ensign-Bickford Realty provided a summary of three phases within the 91.4 acres of the Powder Forest Development. In Phase I, development is currently in process for the high-end apartments, townhomes and a five-star restaurant. The project on Carson Way, will offer single-family detached housing in the spring of 2014. Finally, the PAD zone will offer 48 two-story townhomes and 204 two- and three-story apartments. The housing units will be in walking distance of the Weatogue commuter parking lot. Walkways will also connect the development to the Simsbury Inn and Powder Forest Drive.

In Phase II, the Senior Living Development will contain a total of 186 units divided into 120 independent living, 33 assisted living and 33 memory care units. 

Phase III will be commercial space located on the corner of Hopmeadow Street and Powder Forest Drive.

Mr. Mark Vertucci, Senior Project Manager at Fuss & O’Neal, provided a background of traffic volumes for five intersections surrounding the Powder Forest Development. The study indicates that the development will generate approximately 286 new entering and exiting trips in the morning peak hour, and approximately 327 new entering and exiting trips in the afternoon peak hour. The traffic generation has reduced 50% from the previously proposed development.

Mr. Ron Janeczco of Landworks Development stated that all 88 high-end apartments are completed with 87% occupied and the townhouse development is currently under construction.

Mr. Andy DeFatta of Ensign-Bickford Realty commented that they are anticipating an additional 30 children attending the Simsbury Public Schools. Enrollment has dropped by 700 students from its peak in 2005.

3.  Commissioner Gray moved to close the public hearing for application #14-03 of Ensign-Bickford Realty. The motion was seconded by Commissioner Pomeroy and was unanimously approved.

3.  Commissioner Post moved to approve Application #14-03 of Ensign-Bickford Realty, Owner for a Zone Change from I-2 to PAD on the properties located at 437 Hopmeadow Street (Assessor’s Map F13, Block 103, Lot 005-3), 200 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-4), 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5), and 275 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-6). Zone I-2.

The applicant agreed to accept any comments that Mr. Hiram Peck adds to the approval letter. The motion was seconded by Commissioner Marecki and was unanimously approved.

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

Discussion and possibly set public hearing date on possible revisions to Zoning Regulations regarding accessory dwelling units.

Commissioner Pomeroy suggested proposing amnesty to those with accessory dwellings that did not receive the proper permits in an effort to resolve the problem.  He added that the public hearings are not well attended and will ask Mr. Hiram Peck for his suggestions.

Commissioner Gray suggested that the Design Review Board should have a landscape expert.  Commissioner Pomeroy encouraged the Commissioners to look at the Design Review Board agenda and he will ask Ms. Carrie Vibert to forward the agenda to the Zoning Commission.

VII. ADJOURNMENT

Commissioner Marecki made a motion to adjourn the meeting at 8:35 P.M.  The motion was seconded by Commissioner Gray and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk