Zoning Commission Minutes 03/18/2013 ADOPTED

ZONING COMMISSION - REGULAR MEETING
ADOPTED MINUTES
MARCH 18, 2013

I. CALL TO ORDER
Robert Pomeroy, Chairman, called the regular meeting for the Simsbury Zoning Commission to order at 7:00PM on Monday, March 18, 2013 in the Main Meeting Room of the Simsbury Town Offices. The following members and alternates were present: Ed Pabich, Amy Salls, Ed Cosgrove, Vaughn Marecki, and Derek Peterson. Others in attendance included: Hiram Peck, Director of Planning; and other interested parties.

II. APPOINTMENT OF ALTERNATES
Commissioner Pomeroy appointed Commissioner Cosgrove for Commissioner Fiske and Commissioner Peterson for Commissioner Post.

III. APPROVAL OF MINUTES of the March 4, 2013 Regular Meeting
The minutes from the March 4, 2013 regular meeting were adopted as submitted.

IV. PUBLIC HEARING(s)
Commissioner Pabich read the legal notice regarding the following public hearing items:
a. Application #13-10 of Great American Donut, Inc., Agent for Thomas S. Antonio, Trustee, for a Special Exception pursuant to Article Ten, Section C.3(i), of the Simsbury Zoning Regulations for an additional freestanding sign on the property located at 1193 Hopmeadow Street (Map I05, Block 412, Lot 001). Zone B2.  b. Application #13-13 of Richard and Anna Grbic, Owners, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 3 Homestead Road (Map D11, Block 135, Lot 012). Zone R-40.  c. Application #13-15 of Daryn Conderino, Agent for John E. MacDonald and Jennifer L. Watson, Owners, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 279 West Mountain Road (Map A17, Block 503, Lot 002B). Zone R-40.  d. Application #13-16 of Jessica Starr, Agent for Roger Auclair, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 35 Farmstead Lane (Map C11, Block 137, Lot 026). Zone R-40.

(a) Application #13-10 -  Andrew Quirk - Kratzert, Jones & Associates, Inc., addressed the Commission by presenting a site plan illustrating the property layout and described the proposed signage. He also described the additional landscaping screening on the side of the property facing Ely Lane. Mr. Quirk said the new sign specifications will still keep them within the allowance, with regards to signage, for the site. When asked, Mr. Quirk confirmed that the additional screening will not affect sight lines. There were no additional questions for the applicant and no public comment regarding the application.

(b) Application #13-13 - Ms. Anna Grbic addressed the Commission and stated her property footprint will not be changing, but that they would like to convert the garage into the kitchen for her mother-in-law who already resides at the dwelling. Ms. Grbic confirmed again there is no additional square footage being added to the property. She said she has filed a separate application to build a separate garage. Mr. Peck wanted the Commissioners to know that an approval of tonight’s application is in no way putting pressure on the ZBA to approve Ms. Grbic’s other application for the garage. The issue of parking at the residence was discussed. There were no additional questions for the applicant and no public comment regarding the application.

(c) Application #13-15 - Daryn Conderino addressed the Commission stating he is asking for approval to have an in-law suite above his garage that already exists. He said is now getting a mortgage on the property and it was noted that there was no prior approval for the existing in-law. He stated nothing will change at the property, he is just trying to get the approval that should have been taken care of by previous owners. Mr. Conderino said there will be minor improvements (i.e. painting) done, but no major improvements. There were no additional questions for the applicant and no public comment regarding the application.

(d) Application #13-16 - Roger O'Clair, said he has applied for an existing accessory dwelling. He stated he is in the process of selling the property and he would like to make sure all the paperwork is in order. He said it has existed for 20 years and complies. There were no additional questions for the applicant and no public comment regarding the application.

Commissioner Ryan made a motion to close the public hearing. The motion was seconded by Commissioner Pabich and passed unanimously.

Commissioner Pabich made a motion to amend the agenda in order to vote on the presented applications (#13-13, #13-15, & #13-16). The motion was seconded by Commissioner Salls and passed unanimously.

Commissioner Ryan made a motion to approve application #13-10 of Great American Donut, Inc., Agent for Thomas S. Antonio, Trustee, for a Special Exception pursuant to Article Ten, Section C.3(i), of the Simsbury Zoning Regulations for an additional freestanding sign on the property located at 1193 Hopmeadow Street. The motion was seconded by Commissioner Pabich and was unanimously approved. 
Mr. Peck noted the change will improve the queuing and operation of the drive-through and as they have agreed to the screening, the application complies with regulations.
Commissioner Pabich made a motion to approve application #13-13 of Richard and Anna Grbic, Owners, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 3 Homestead Road. Zone R-40. The motion was seconded by Commissioner Ryan and was unanimously approved.
Mr. Peck noted again that the approval of application #13-13 is in no way putting pressure on the ZBA to approve Ms. Grbic’s other application for the garage.
Commissioner Ryan made a motion to approve application #13-15 of Daryn Conderino, Agent for John E. MacDonald and Jennifer L. Watson, Owners, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 279 West Mountain Road. The motion was seconded by Commissioner Salls and was unanimously approved.  Commissioner Ryan made a motion to approve application #13-16 of Jessica Starr, Agent for Roger Auclair, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 35 Farmstead Lane. The motion was seconded by Commissioner Pabich and was unanimously approved.

V. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:
a. Application #13-04 of Darcie Roy, National Signs Inc., Agent for Mitchell Auto Group, Owner, for a Site Plan Amendment and Sign Permit to replace the monument sign for the Dodge, Jeep, Chrysler dealership on the property located at 416 Hopmeadow Street (Map F14, Block 143, Lot 003). Zone B-2. (Continued to April 1, 2013)
Mr. Peck said application #13-04 will be continued at the April 1, 2013 meeting. He described the delay in the process, specifically regarding some unanswered questions about the signage. This topic of signage was discussed further.

b. Application #13-14 of Richard J. Kozikowski, Agent for E+A/I+G Simsbury Commons LP, Owner, for a Site Plan Amendment for a temporary greenhouse for 3 years on the property located at 498 Bushy Hill Road (Map B20, Block 508, Lot 001-B). Zone B-3.

Commissioner Pabich recused himself from this agenda item due to a conflict of interest.

Mr. Kozikowski, store manager of the Stop & Shop located on Bushy Hill Road addressed the Commission saying he is here to discuss the application for a 3-year permit for a temporary greenhouse. Mr. Kozikowski said Stop & Shop would like to put up the temporary greenhouse any time after April 1st in order to sell shrubs, flowers, mulch, etc. He said it will be located in the same spot that it has always been in the past. Mr. Kozikowski said it will be up until the end of June, at which point it will be taken down. Mr. Kozikowski spoke about the history of this temporary structure. It was confirmed that the size is specified in the application and if that changes in the future, they will need to come back for approval. The idea of giving Stop & Shop a more permanent approval with regards to this item was discussed, which Mr. Peck said has potential to be problematic and would need to be examined further.

Commissioner Ryan moved approval of Application #13-14 of Richard J. Kozikowski, Agent for E+A/I+G Simsbury Commons LP, Owner, for a Site Plan Amendment for a temporary greenhouse for 3 years on the property located at 498 Bushy Hill Road. The motion was seconded by Commissioner Marecki and was unanimously approved.
(Commissioner Pabich recused himself from this topic and therefore did not vote)

(c) Discussion and possible action regarding the Incentive Housing Opportunity Zone (IHOZ)
Mr. Peck said it is his understanding that the Commission is ready to bring this issue to public hearing in April and he distributed a sheet titled Frequently Asked Questions about Workforce Housing that will be used for public education on the topic. Commissioner Ryan suggested some wording changes regarding the definition of Townhouse (p.1, 10.N.4), which was discussed. Mr. Peck said he would like to go to public hearing in its current form, make the suggestion at the hearing and make the change there. Mr. Peck said Attorney DeCrescenzo, Town Attorney, has a copy and will get comments back prior to the public hearing. The issue of public education on regarding workforce housing was discussed. Both Commissioner Salls and Commissioner Pomeroy said they thought the FAQ's were appropriate and set the appropriate tone. It was discussed that any submitted proposal would have to go in front of both the Planning and Zoning Commissions. Commissioner Ryan said this proposal should be approved by Planning Commission, and Mr. Peck said he would get it in front of Planning. Commissioner Peterson asked about the cohesion between the PAD and the Workforce Housing zones, which was discussed. Mr. Peck said there is a lot of flexibility on how a developer can act depending on the type of property they plan to build. The prospective application process was discussed further.  Some of the language within the proposal was discussed further as it related to PAD versus Workforce Housing. It was reiterated that since it is a zone change, the Commission has ultimate discretion. The publicity for the public hearing was discussed in order to encourage more attendance at the public hearing.  Commissioner Pomeroy said he thinks Glenn Chalder, AICP, Planimetrics, did a great job shepherding this issue through. The Commissioners scheduled a public hearing on this topic for the April 1, 2013 Zoning Commission Meeting.

(d) Draft policy for Stormwater Management and Drainage Design Guidelines
Mr. Peck said this is a one page policy that he distributed at the last meeting. He said the guidelines have been in place over the last two (2) years and this provides a checklist to developers in terms of what they can do with their project. He stated is just a guideline at this point, but eventually he would like to see it become regulation.

Commissioner Salls made a motion to approve the Stormwater Management and Drainage Design Guidelines as policy. The motion was seconded by Commissioner Pomeroy and was unanimously approved.

When asked about the progress of the Big Y project, Mr. Peck said there is one more DOT meeting, but the store will most likely not be opening this year just due to construction timing. Mr. Peck indicated there are other positive projects pending, but he cannot talk about any specifics at this point.

When asked if plans left with Mr. Peck are subject to FOI (Freedom of Information Act), Mr. Peck said if they are left in his possession, then yes. He said if a developer is not ready to go forward, he always suggest that they do not leave their plans with him because once left with him they are subject to FOI.

ADJOURNMENT
Commissioner Ryan moved to adjourn the March 18, 2013 Regular Meeting of the Zoning Commission at 8:00PM. The motion was seconded by Commissioner Cosgrove and passed unanimously.

Respectfully submitted,

____________________________
Robert Pomeroy, Chairman