Zoning Commission Minutes 05/19/2014 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

ADOPTED MINUTES
MAY 19, 2014

I.  CALL TO ORDER

Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:10 P.M. on Monday, May 19, 2014 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Ed Cosgrove, Kevin Gray, Mike Doyle and Vaughn Marecki. 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, Commissioner Doyle for Commissioner Post and Commissioner Marecki for Commissioner Peterson.

III. APPROVAL OF MINUTES

Minutes from May 5, 2014 Regular Meeting were unanimously approved as amended.

IV. PUBLIC HEARINGS

1.  Application  #14-22 of Paul J. Cocchi, 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 46 Notch Road (Map A 16, Block 503, Lot 002). Zone R-40.

Mr. Paul J. Cocchi of 46 Notch Road in West Simsbury described the lengthy construction process of a two-story building on his 6.1 acre property. After receiving approvals from the Town of Simsbury Building Department in 1994, Mr. Cocchi proceeded with construction. Mr. Cocchi said that the process has taken so long because he is paying for the construction with cash instead of bank loans. He described the challenges he faced during construction with multiple builders, inspectors and town officials in the Building Department that he worked with over the past 20 years. Mr. Cocchi stated that did not know he was required to get a separate permit to install the kitchen, which was done in 2010. Recently, Mr. Cocchi was notified that FEMA requires the elevation of the basement to be raised several inches, which he said has been completed.  

The purpose of the building has changed over the years. Originally, the two-story building was to have a garage on the first level to store his car collection with an office and storage space on the second level.  Later, Mr. Cocchi changed plans to have the property subdivided. He stated that he was later informed that he is not permitted to have a subdivision and was instructed to present before the Zoning Commission to request approval for an accessory dwelling.

Mr. Peck mentioned to the Commission that the following three items need to be resolved:

The Town’s Building Official has questions pertaining to the size of the units with regards to the structure.

There is a long and checkered history with regards to the zoning and when the kitchen was installed.

Confirmation is required that the flood elevation of the basement floor meets FEMA requirements.

Mr. Peck stated that he has not received any comments from the neighbors. He suggested that the Commission waits until the next meeting before a decision is made.

Commissioner Pomeroy mentioned that if the building qualifies in size and neighbors have not commented negatively then the Commission will consider the application, subject to Mr. Peck obtaining the answers to his concerns. Commissioner Pomeroy stated that the Commission will not act on this application this evening.

1. Commissioner Cosgrove moved to close the public hearing for application #14-22 of Paul J. Cocchi. The motion was seconded by Commissioner Gray and was unanimously approved.

2. Application #14-23 of Ferg Jansen, applicant; Town of Simsbury, Owner; for a special exception pursuant to Articl Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a one-day event on the property located at the Old Drake Hill Flower Bridge.

Mr. Ferg Jansen of 3 Fox Den Road is requesting a temporary liquor permit for the third annual fundraiser “Burgers on the Bridge”. The fundraiser is for the Simsbury Flower Bridge. The event is being held June 18, 2014 rain date is June 19, 2014. Mr. Ferg Jansen said beer and wine has been served at each fundraiser.

2. Commissioner Gray moved to close the public hearing for application #14-23 of Ferg Jansen. The motion was seconded by Commissioner Cosgrove and was unanimously approved.

2. Commissioner Doyle moved to approve Application #14-23 of Ferg Jansen, Applicant; 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 one-day event on the property located at the Old Drake Hill Flower Bridge. The motion was seconded by Commissioner Marecki and was unanimously approved. 

V. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM

Mr. Peck to this opportunity to give the Commission updates on several properties. Mr. Peck said that the code for The Hartford has been approved. He would like to schedule the meeting for June 16th at the library. He added that Dorset Crossing is moving forward but The Powder Forest Assisted Living facility has not submitted an application yet but expects that to happen sometime this summer.  As for Big Y, final details are being agreed on, which the Town Attorney needs to address.  Mr. Pomeroy added that he received feedback about Mr. Schoenhardt’s application. He mentioned that people in town are interested about the decision since Mr. Schoenhardt is a good citizen and thoughtful person; they wonder what can be expected if they want to have an accessory dwelling. Commissioner Pomeroy commented that these decisions are difficult but when the neighbors speak at the public hearings regarding the character of the neighborhood, then it becomes an issue that the Commission must take into consideration. 

VI. ADJOURNMENT:

Commissioner Gray made a motion to adjourn the meeting at 7:45 P.M.  The motion was seconded by Commissioner Cosgrove and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk