Zoning Commission Minutes 07/20/2015

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

MINUTES - SUBJECT TO VOTE OF APPROVAL
JULY 20, 2015

I.  CALL TO ORDER
 

Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:00 P.M. on Monday, July 20, 2015 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Michael Doyle, Kevin Gray, Gerald Post, Derek Peterson and Dave Ryan. Others in attendance included Rachel Blatt, Assistant Town Planner and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Doyle for Commissioner Marecki.

III. APPROVAL OF MINUTES

Minutes from June 15, 2015 Regular Meeting were approved as submitted.

IV. CONSENT ITEMS

1. Repair of walkways at 507 Hopmeadow Street (Assessors Map G13, Block 103, Lot 022). Zone PO.

1. The Commission unanimously approves the repair of walkways at 507 Hopmeadow Street (Assessors Map G13, Block 103, Lot 022). Zone PO.

V. PUBLIC HEARING(s)

1. Application #15-20 of RSP-Simsbury, LLC, Owner; Marc Lubetkin, Applicant; 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 10 Jim Gallagher Way (Assessor’s Map G10, Block 227, Lot 0031A+RR). Zone SC-3. (received 07/06/2015; public hearing must be opened by 09/09/2015).

Mr. Marc Lubetkin, Owner of Red stone Pub at 10 Jim Gallagher Way, requested a liquor permit for the annual courtyard events. Dates are as follows:

Saturday, September 26, 2015 – Octoberfest

Saturday, November 28, 2015 – Beer Garden

Saturday, February 6, 2016 – Winterfest

Saturday, May 14, 2016 – Spring Fling

Mr. Lubetkin said that alcohol, food and other beverages will be served. Set-up time for each event is 8:00 am and clean-up will finish at 2:00 am.  He added that alcohol will not be sold after 10:00 pm.

Mr. Lubetkin also requested that the Zoning Commission establish a process that doesn’t require the submission of a liquor permit application each year. Commissioner Pomeroy answered that the Commission is currently looking into changing the process.

For the record, Mr. Lubetkin submitted to Town staff signatures from new tenants of The Courtyard consenting to the events.

1. Commissioner Post moved to close the public hearing for Application #15-20  of RSP-Simsbury, LLC, Owner; Marc Lubetkin , Applicant; for a Special Exception. The motion was seconded by Commissioner Ryan and was unanimously approved.

1.  Commissioner Ryan moved to amend the agenda to vote on Application #15-20. The motion was seconded by Commissioner Pomeroy and was unanimously approved.

1.  Commissioner Gray moved to approve Application #15-20 of RSP-Simsbury, LLC, Owner; Marc Lubetkin, Applicant; 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 10 Jim Gallagher Way (Assessor’s Map G10, Block 227, Lot 0031A+RR). Zone SC-3. (received 07/06/2015; public hearing must be opened by 09/09/2015). The applicant is to provide signatures of from all tenants in the multi-tenant building acknowledging that they are aware of and agree with this application to insure that it will not raise any claim of adversely impacting their business as has been raised in the past.  The motion was seconded by Commissioner Peterson and was unanimously approved.

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

1. Discussion and possible action on Release of Declaration, Covenants and Restrictions on Powder Forest Business Park.

Mr. Gus Jaminiski of Ensign-Bickford Realty Company (EBRC) is requesting the Release of Declaration, Covenants and Restrictions (the “Declaration”) that was initially created for the Powder Forest Business Park in 1983.  EBRC is in the process of selling some parcels of land at the Powder Forest Business Park and the restrictions are causing delays. He added that the Declaration is no longer required since the Town currently has well defined land use regulations and staff to manage land use issues. 

Mr. Jaminiski is also asking for a permit extension to remove the material at Powder Forest.  He said work has been very slow the past two years based on the economy. There is a row of trees along Hopmeadow Street blocking the view of the material. 

1.  Commissioner Pomeroy moved to approve the Release of Declaration, Covenants and Restrictions on Powder Forest Business Park from the Zoning Commission’s position and to recommend the same release to the Board of Selectmen. The motion was seconded by Commissioner Ryan as was unanimously approved.

In addition, Commissioner Pomeroy moved to approve a one-year extension for Ensign-Bickford Realty Corporation to continue excavation in order to remove material at Powder Forest.  Ensign-Bickford Realty Corporation must demonstrate that the excavation already completed conform to the plan of operations as approved, as specified in the following Zoning Regulations:  

Any permit shall expire two (2) years from the date of issuance unless renewed by the Zoning Commission. The Zoning Commission shall not renew or extend any permit unless the operate is able to show, through the report of a certified engineer, that the excavation already completed conforms with the plan of operations as approved.

The motion was seconded by Commissioner Ryan and was unanimously approved.

2. Proposed addition to Article Seven, Section N, and revision to Article Four, Section B, of the Town of Simsbury Zoning Regulations; set public hearing for 09/21/2015.

Dr. Paul Stanislaw said he was advised to be present at this meeting but didn’t receive documentation from Mr. Peck regarding the purpose of the discussion.  Commissioner Pomeroy summarized the informal discussion that took place at the Zoning Commission on June 15, 2015 regarding Dr. Paul Stanislaw’s interest in moving his practice to the Linden House at 288 Hopmeadow Street.

The Commission discussed at length the definition of a medical facility.  The Commission agreed that the definition should exclude veterinary practices and the overnight boarding of animals.  Commissioner Pomeroy said the changes to the definition should be voted on at the next Zoning Commission meeting. 

VI. DISSUSION OF NEW AND ONGOING PROJECTS

Cumberland Farms and gas station – construction is moving forward at a fast pace

Apartments next to CL&P - making progress, no construction yet

Greenburg property – sub division has been processed.  

 VIII. ADJOURNMENT

Commissioner Ryan made a motion to adjourn the meeting at 7:38 P.M.  The motion was seconded by Commissioner Peterson and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk