Zoning Commission Minutes 04/21/2014 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

ADOPTED MINUTES
APRIL 21, 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, April 21, 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: Ed Cosgrove, Kevin Gray, Mike Doyle, Will Fiske, Derek Peterson, Vaughn Marecki, and David Ryan. Others in attendance included Hiram Peck, Director of Planning and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Marecki for Commissioner Post.

III. APPROVAL OF MINUTES

Minutes from April 7, 2014 Regular Meeting were unanimously approved.

IV. PUBLIC HEARINGS(s)

1 Application #14-17 of Richard E. Schoenhardt, Agent: Lynne F. Schoenhardt, 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 7 Pasture Lane, West Simsbury, (Map B09, Block 419, Lot 003). Zone R-40.

Mr. Richard Schoenhardt of 7 Pasture Lane is requesting a special exception to convert a small bedroom into a kitchen and have the upstairs serve as separate living quarters. The central stairway will be divided creating a second entrance to the outside from the second landing.  A new doorway will be created where a window is currently located. A deck will also be added. Mr. Schoenhardt stated that he and his wife are not using the second floor and would like it to serve as a rental income since they are living on their savings. He also added that they meet all the Town regulations and a letter from the FVHD indicates that the water supply and septic system are adequate.  They have lived at their property for 51 years.  Mr. Schoenhardt added that their son and his family were living upstairs for the last four years.

Matthew Schoenhardt of 51 Westledge Road is the son of applicant. He would like to address the concerns neighbors might have regarding decreasing property values. Mr. Schoenhardt said that the sign on the property about the application may have scared people. The sign may suggest that there are more significant changes than what is actually planned and the fears are not based on anything factual.  Mr. Schoenhardt stated the he has been involved with residential real estate sales in the area for almost 15 years and has sold almost 100 homes.  In his opinion and experience, an in-law setting does not impact the value of the house.

Mr. Bill Rice of 6 Pasture Lane stated that he is a member of the Simsbury Planning Commission. Mr. Rice continued that in his opinion, a rental property will have a negative impact on the characteristic of the neighborhood. He also questions how regulations are enforced when the property is no longer owned by the applicant.

Ms. Marybeth Peterson of 19 Pasture Lane stated that she is neither for nor against the application. She is concerned and confused about the application process because work has already begun on the property. Ms. Peterson contacted her appraiser and was told that a rental property does impact the property values in the neighborhood. She is asking the Commission to question the need before approving the application.

Mr. Andrew Sharp of 81 Hedgehog Lane encourages the Commission to approve the application. He stated that we have an increasing aging population and that whatever can be done for people to stay in their homes should be valued and honored.

Mr. Ken Pignone of 51 Westledge Road is opposed to the application. He is concerned about the future in regards to multiple dwellings. Mr. Pignone added that it will probably be up to the neighbors to monitor the property.

Mr. John Loomis of 500 Firetown Road is supportive of the application and added that in his opinion, the application complies with the Planning Commission’s intent and the Zoning Commission’s regulations.

Mr. Bob Durbois of 9 August Road stated that a property two houses down from his had extensive construction done to accommodate a second family and there were no negative effects.  He is totally supportive of the applicant’s request. He added that if property values were decreasing, it would show in our taxes.

Mr. Durbois added that the applicant had an architectural practice in town, has paid taxes to the town and participated in town committees. He added that Mr. Schoenhardt is a member of the College of Fellows of the American Institute of Architects (AIA) -- the highest recognition that the AIA bestows to any of their members.  Mr. Durbois has worked with Mr. Schoenhardt and knows that any improvements to the residence will be completed properly.

Mr. Chris Izard of 72 Woodchuck Hill Road said that he is very supportive of the application. He is a contractor that is familiar with the Town’s building and zoning codes. Therefore, he knows anything constructed is going to be of quality and substance. He wishes that he was able to find a place like the applicant’s during the time when his own father was ill 20 years ago.

Mr. Gerome Bertuglia of 12 Woodchuck Hill Road said that he supports the application and isn’t concerned with any negative impact on the value of properties.

Mr. Jim Creighton of 274 Stratton Brook Road supports the application. Mr. Creighton added that he lost his parents two years ago and didn’t have the option for a caregiver to move into his parent’s residence.

Commissioner Marecki asked Mr. Schoenhardt if he has started construction.  Mr. Schoenhardt stated that construction has begun to divide the stairway, add a deck and exterior door. He has filed for a building permit but it has not been issued pending the outcome of this hearing. He added that his builder had to start construction immediately since he came out of retirement for this project only. If the application is denied, Mr. Schoenhardt stated that he will not go forward with the kitchen installation.

Commissioner Peterson stated with respect to Mr. Schoenhardt that the Commission has seen a trend of retroactive approvals and in his opinion, beginning construction before an approval has been made is something that bothers him greatly.

Commissioner Cosgrove stated to Mr. Schoenhardt that he appreciates the applicant appearing before the commission prior to having a tenant move into the property.

Commissioner Pomeroy responded to Commissioner Peterson’s comment that the construction Mr. Schoenhardt has started is not in violation of any homeowner.  It’s not the same as someone that is using the property as a rental.

Commissioner Fiske moved to close the public hearing for application #14-17 of Richard E. Schoenhardt. The motion was seconded by Commissioner Ryan and was unanimously approved.

Commissioner Pomeroy addressed the public indicating that the future changes to the accessory dwellings regulations are minor and will not prevent the Commission from going forward with decisions pertaining to current and future applications.

Commissioner Pomeroy commented on references made comparing an in-law apartment to rental property. He stated that the Commission has a hard time making a distinction between what is rent and what is taken in compensation for the space. The fundamental protections in the regulations revolve around “owner occupied” -- the strong incentive for the owner to live in the building to deal with the tenant.  He added that Mr. Schoenhardt and his son’s family lived together for a period of time and it didn’t change the character of the neighborhood. Commissioner Pomeroy added that generally speaking, if the property fits the regulations, the Commission would be inclined to approve the application.

Commissioner Fiske stated that in his opinion, the genesis and intended use for a special exception is for situations where family members or care givers need to live with the resident in an in-law apartment. In his decision process, Commissioner Fiske has to take into account the expectations of the neighbors living near the applicant and in Simsbury that expect to live on a single-family street or neighborhood.

1.  Commissioner Ryan moved to approve Application #14-17 of Richard E. Schoenhardt, Agent: Lynne F. Schoenhardt, 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 7 Pasture Lane, West Simsbury, (Map B09, Block 419, Lot 003). Zone R-40. The motion was seconded by Commissioner Pomeroy.  Commissioners Ryan, Pomeroy and Gray voted for the application. Commissioners Marecki, Fiske and Peterson voted against the application. The application was denied as a result of a tie vote. 

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

1. Application #13-43 of Terri-Ann Hahn, LADA, P.C. Land Planners, Agent: Town of Simsbury, Owner; for a Site Plan Amendment for Simsbury Veterans Memorial on the property located at 725 Hopmeadow Street (Map G10, Block 203, Lot 049). Zone SC-1.

Ms. Terri-Ann Hahn, Principal of LADA, P.C. Land Planners described the design and location of the Simsbury Veterans Memorial. The memorial will include names of Simsbury residents that died during the Revolutionary war up to present conflicts. There is room on the white granite columns to accommodate names of future wars.  The memorial will be installed on the corner of Eaglewood Lane and Hopmeadow Street and will include six benches to represent all branches of the military. Lighting will be located in the pavement on all four sides of the memorial. 

1.  Commissioner Gray moved to approve Application #13-43 of Terri-Ann Hahn, LADA, P.C. Land Planners, Agent: Town of Simsbury, Owner; for a Site Plan Amendment for Simsbury Veterans Memorial on the property located at 725 Hopmeadow Street (Map G10, Block 203, Lot 049). Zone SC-1. The motion was seconded by Commissioner Marecki and was unanimously approved.

2. Application #14-01 of James V. Whittemore, Owner, for a Special Exception pursuant to Article Seven, Section C.9 of the Simsbury Zoning Regulations for an existing accessory dwelling unit on the property located at 3 Whynwood Road (Map C19, Block 614, Lot 057). Zone R-40. (public hearing closed 2/3/14).

On February 3, 2014, the Commission requested the applicant to return after the tenant was evicted from the property. Commissioner Pomeroy reminded the members that there was a significant amount of opposition from the neighborhood at the public hearing.

2.  Commissioner Ryan moved to approve Application #14-01 of James V. Whittemore, Owner, for a Special Exception pursuant to Article Seven, Section C.9 of the Simsbury Zoning Regulations for an existing accessory dwelling unit on the property located at 3 Whynwood Road (Map C19, Block 614, Lot 057). Zone R-40. (public hearing closed 2/3/14). The motion was seconded by Commissioner Pomeroy. All members opposed as a result of the opposition from the neighborhood; therefore the application was denied.   

3. Formal action on resolution for:

518 Hopmeadow Street; Pride gas/convenience store and signage
1340 Hopmeadow Street; Pride gas/ convenience store and signage

The Commission asked Mr. Peck to speak with the owner of Pride to reface the side of the building on the north property that faces Hopmeadow Street.  The owner and builder indicated that it is not practical but suggested to install windows on the side facing Hopmeadow Street. Commissioner Pomeroy accepts the offer to install windows.

Mr. Peck stated that there is a second issue regarding the lighting inside the sign. Mr. Peck explained that staff originally was told that Pride has a pre-vested right to the sign that is currently on the property and installed with internally lit conventional lighting. However, Mr. Peck added that Pride plans to move the sign to a different location on the property and switch the internal lighting to LED with changing gas prices. Mr. Peck asked the town attorney if the pre-existing non-conforming status will remain since it is considered a new sign.  The town attorney doubted that Pride can continue to maintain its pre-existing status. Commissioner Pomeroy stated that the Commission members do not want LED internally lit signs. 

3.  Commissioner Pomeroy made a motion for Pride gas/convenience store to provide other signage options for the 518 and 1340 Hopmeadow Street locations. Applicant is to present signage options to the Design Review Board then the Zoning Commission.

VI. STATUS OF THE FOLLOWING:

• The Hartford Code
• Big Y
• Others

Mr. Peck told the Commission that the hearing date has not been made for The Hartford Code.  Mr. Peck is waiting to hear back from The Hartford with approval. The Property Land Use Code was submitted to The Hartford three weeks ago.

Commissioner Peterson brought up the question how to solve the problem of retroactive approvals from home owners that completed construction and have tenants?  Mr. Peck stated that there is a triple fee for applications submitted “after the fact”.  Mr. Peck added that if the Commission wants to offer a short “amnesty” period, it will require regulation to be passed.

Mr. Peck said that he has the plans for Big Y on his desk and will forward the plans to the Building Department.

VII. ADJOURNMENT

Commissioner Ryan made a motion to adjourn the meeting at 8:15 P.M.  The motion was seconded by Commissioner Peterson and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk