Zoning Commission Minutes 07/21/2014 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

ADOPTED MINUTES
JULY 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, July 21, 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, Gerald Post, Vaughan Marecki, Mike Doyle and Dave Ryan. Others in attendance included Hiram Peck, Director of Planning and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Doyle for Commissioner Peterson.

III. APPROVAL OF MINUTES

Minutes from July 7, 2014 Regular Meeting were adopted as submitted.

IV. CONSENT ITEMS

1.  Application #14-32 of Dino Filopopoulos, Applicant; Ryan Kruger, Owner; for a Sign Permit for Attilio’s on the property located at 775 Hopmeadow Street (Map G10, Block 203, Lot 005). Zone SC-1.

2.  Application #14-34 of Christina Moreau, Agnoli Sign Co., Inc., Applicant; Stop & Shop, Owner; for a Sign Permit for Stop & Shop to replace the existing Natural Foods letters with St. Francis Fast Care on the property located at 498 Bushy Hill Road (Map B20, Block 508, Lot 001-B). Zone B-3.

Mr. Peck stated that both signs are exact replacements – same size and location. He added that staff recommends approval of both applications.

Commissioner Pomeroy approved Applications #14-32 and #14-34.  Approval was unanimous among the Commissioners.

In order to allow as much time as possible for Applications #14-30 and #14-31, Commissioner Pomeroy suggested amending the agenda.

Commissioner Cosgrove moved to amend the agenda as requested by Commissioner Pomeroy. Commissioner Ryan seconded the motion and was unanimously approved.

V. PUBLIC HEARING(s)

3.  Application #14- 28 of Vaughan A Marecki, dba M. Real Estate Holdings, Owner for a Zone Change from Zone PO to Zone B-2 on the properties located at 1 Grist Mill Road (MapF11, Block 103, Lot 005-20) and 3 Grist Mill Road (Map F11, Block 103, Lot 005-20A). Zone PO.

4.  Application #14-29 of Vaughan A. Marecki, Applicant; Joseph and Sandra Jurczak, Owners; for a Zone Change from from Zone R-15 to Zone B-2 on the property located at 103 West Street (Map F11, Block 103, Lot 010). Zone B-2.

Commissioner Marecki recused himself from the meeting. Mr. Peck stated that the Planning Commission considered this application at its last meeting and recommends it for approval to the Zoning Commission.

Mr. Richard Correia is a commercial real estate broker in town. He stated that he suggested unifying the property zones with the rest of the street. He added that two buildings are Professional Office (PO Zone), the third building is an R-15 zone and then there is a B-2 district where the school buses are located. The zone change will provide some unification and flexibility to property owners on West Street.

Mr. Peck stated that Staff recommends that the change would unify zones along that section of the road. The Planning Commission was in agreement with the change and it doesn’t conflict with the Plan of Conservation and Development.

In a letter dated May 19, 2014, Joseph and Sandra Jurczak stated that they currently live at 103 West Street, adjacent to 1 & 3 Grist Mill Road, and are interested in changing from R-15 to B-2 zone.

In separate letter received May 21, 2014 by the Planning Department,  Commissioner Marecki stated that he is the owner of 1 & 3 Gristmill and has first right of refusal for the Jurczak’s property when they decide to sell. He adds that it doesn’t make sense that there are three difference zones for six properties. Commissioner Marecki also stated in the letter that there is a stronger need for zoning consistency and flexibility for all adjacent properties in order to grow with the changing needs of the neighborhood and town.

3 & 4. Commissioner Gray moved to close the public hearings for Applications #14-28 and #14-29. Commissioner Doyle seconded the motion and was unanimously approved.

5 Application #14-33 of Malica Gjonbalaj, Applicant: Southmeadow Associates, LLC, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a beer and wine liquor permit for Benny’s Restaurant on the property located at 562 Hopmeadow Street (Map G12, Blok 132, Lot 036). Zone B-1.

Mr. Gjonbalaj is the owner of Benny’s and is requesting a liquor permit to sell beer and wine at his restaurant.

Mr. Peck commented that the restaurant abuts a package store and there are other restaurants are in the area. It doesn’t appear to be out of character since its in a commercial area. 

Commissioner Cosgrove is opposed the application until the applicant resolves the issue of the internally lit sign. 

Commissioner Pomeroy commented to Mr. Gjonbalaj that there have been issues with the sign not being compliant with internally lit sign zoning regulations.

Mr. Gjonbalaj replied that there have not been any issues.

Mr. Peck addressed Mr. Gjonbalaj stating that the two have talked about this issue for a long time. Mr. Peck stated to the Commission that Mr. Mike Glidden has been talking with Mr. Gjonbalaj for a while about the sign.

Mr. Gjonbalj said no one has told to him about the issue with the sign. 

Commissioner Pomeroy said that the issues are stated in the staff report that the sign is not in compliance, however it doesn’t seem that any order or requests were made by the Town.  Mr. Peck responded that there were a number of variances back and forth for a couple of years and the issues were unresolved. 

5.  Commissioner Ryan moved to close the public hearing for Application #14-33 of Malica Gjonbalaj. Commissioner Gray seconded the motion and was unanimously approved.

The Commission proceeded to vote on the three public hearing applications. Commissioner Marecki recused himself again from the meeting.

3 & 4. Commissioner Ryan moved to approve the following applications:

Application #14-28 of Vaughan A. Marecki, dba M. Real Estate Holdings, Owner; for a Zone Change from PO to Zone B-2 on the properties located at 1 Grist Mill Road (Map F11, Block 103, Lot 005-20) and 3 Grist Mill Road (Map F11, Block 103, Lot 005-20A). Zone PO.

Application #14-29 of Vaughan A. Marecki, Applicant; Joseph and Sandra Jurczak, Owners; for a Zone Change from R-15 to Zone B-2 on the property located at 103 West Street (Map F11, Block 103, Lot 010). Zone B-2. 

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

Commissioner Marecki returned to the meeting.

5. Commissioner Ryan moved to approve Application #14-33 of Malica Gjonbalaj, Applicant; Southmeadow Associates, LLC, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a beer and wine liquor permit for Benny’s Restaurant on the property located at 562 Hopmeadow Street (Map G-12, Block 132,Lot 036). Zone B-1.  The motion was seconded by Commissioner Pomeroy and was unanimously approved.

Commissioner Cosgrove requested that approval of the application is pending the resolution of the lights.

Commissioner Pomeroy replied the Commission doesn’t know if there is a violation that needs to be resolved because there hasn’t been a demand for the lights to be removed.  He agrees with Commissioner Ryan’s comment that Mr. Gjonbalaj’s business should not be held up due to the question about the lights. 

Commissioner Pomeroy strongly suggests that the Staff Compliance Officer speaks with Mr. Gjonbalaj and state if there is a violation that needs to be fixed or if there is a non-issue and report back at the next Zoning Commission meeting. 

For the record, Commissioner Pomeroy said he wants the discussion referenced in the memo cleared up to the Commission’s satisfaction at the next meeting, however this is not to stop Mr. Gjonbalaj’s ability to obtain a beer and wine permit. Commissioner Ryan added that the Commission also wants and answer if the sign is internally lit or not.

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

1.  Application #14-26 of 121 West Street, LLC, Owner; for a Site Plan Amendment on the property located at 121 West Street (Map F11, Block 103, Lot 015A). Zone I-2.

Mr. Peck stated that this is an application to pave a driveway that is currently graveled.  The paving will include additional and impermeable areas.

1. Commissioner Ryan moved to approve Application #14-26 of 121 West Street, LLC, Owner; for a Site Plan Amendment on the property located at 121 West Street (Map F11, Block 103, Lot 015A). Zone I-2. The motion was seconded by Commissioner Gray and was unanimously approved.

2.  Application #14-27 of T.J. Donohue, Killian & Donohue, LLC, Agent: Simsbury Historical Society, Inc., Owner; for a Site Plan Amendment for the proposed memorial for Martin Luther King in Connecticut on the property located at 800 Hopmeadow Street (Map G10, Block 227, Lot 001). Zones SC-1 and SC-3.

Commissioner Gray recused himself from the meeting since he is President of Simsbury Historical Society Board of Directors. 

Thomas J. Donahue, a member of the Simsbury Historical Society Board of Directors, described the location and design of the new monument. He said it will be placed on the southwest corner of the Historical Society adjacent to the red school house. The design includes five structures with glass panels of text, brick patio, benches and a walkway. If necessary, the red school house can be moved since it doesn’t have a foundation.  

2. Commissioner Ryan moved to approve Application #14-27 of T.J. Donohue, Killian & Donohue, LLC, Agent: Simsbury Historical Society, Inc., Owner; for a Site Plan Amendment for the proposed memorial for Martin Luther King in Connecticut on the property located at 800 Hopmeadow Street (Map G10, Block 227, Lot 001). Zones SC-1 and SC-3. The motion was seconded by Commissioner Marecki and was unanimously approved.

Commissioner Gray returned to the meeting.

3.  Application #14-35 of Christopher Millard, Phase Zero Design, Applicant; Mitchell Auto Group, Inc., Owner; of proposed exterior renovations to Mitchell Auto Mall on the property located at 416 Hopmeadow Street (Map F14, Block 143, Lot 003). Zone B-2.

Mr. Christopher Millard, Project Manager at Phase Zero Design, described the renovations to Mitchell Auto Group’s Chrysler Showroom as required by the franchise. Mr. Millard stated a millennium arch made of brick will be added to the front entrance. The existing building will be updated with a new exterior surface. Also, new signage mounted on brick will replace the non-compliant monument sign near the road in front of the building.  Halo lighting will be used for all signage.

Mr. Peck said the Design Review Board approved the signage presented in this design. 

3. Commissioner Gray moved to approve Application #14-35 of Christopher Millard, Phase Zero Design, Applicant; Mitchell Auto Group, Inc., Owner; of proposed exterior renovations to Mitchell Auto Mall on the property located at 416 Hopmeadow Street (Map F14, Block 143, Lot 003). Zone B-2. The motion was seconded by Commissioner Ryan and was unanimously approved.

4.  Application #14-36 of Thomas J. Donohue, Jr., Applicant; 16 Albany Turnpike, LLC, Owner; for a Site Plan Amendment for a proposed bank on the property located at 16 Albany Turnpike (Map A20, Block 503, Lot 001). Zone B-3. 

Mr. Thomas Donohue described the new Berkshire Bank as a single-story, 2,500 sq. ft. building located next to McDonald’s Restaurant.  He stated the Town indicated from the beginning they did not want new curb cuts on Rte. 44 and Bushy Hill Road.

Mr. Mark Arigoni, Principal of Milone & MacBroom, described the traffic pattern within the property as well as the entrances and exits.  The proposed site includes one drive-thru lane with a window, one remote drive-thru and one pass lane along with 16 parking spaces. He also described the building and landscaping design.

Mr. Arigoni answered the question about the number of trips per day.  He said that McDonald’s has 2,800 trips per day on a week day. The Bank expects 370 maximum trips per day.

When asked about signage, Mr. Donohue stated that they will come back at a later date for signage approval.

Commissioner Pomeroy stated that the Commission is asking the applicant to comply with the recommendations made by Design Review Board to vary the use of stucco and shingles on the building.

4. Commissioner Doyle moved to approve Application #14-36 of Thomas J. Donohue, Jr., Applicant; 16 Albany Turnpike, LLC, Owner; for a Site Plan Amendment for a proposed bank on the property located at 16 Albany Turnpike (Map A20, Block 503, Lot 001). Zone B-3.  The motion was seconded by Commissioner Post and was unanimously approved.

VIII. INFORMATIONAL

1.  Modification to the previously-approved Application #12-15 of Philip Doyle, LADA, P.C., Agent for Cobb School Montessori, Inc., Owner; for a Site Plan Amendment for a gym and multi-purpose space on the property located at 112 Sand Hill Road (Map E14, Block 131, Lot 16). Zone R-40.

Mr. Peck stated that the change to the building is about the 100 sq. ft. which will result in a minor change to the way the building looks externally.

1. Commissioner Pomeroy moved to approve Application #12-15 of Philip Doyle, LADA, P.C., Agent for Cobb School Montessori, Inc., Owner; for a Site Plan Amendment for a gym and multi-purpose space on the property located at 112 Sand Hill Road (Map E14, Block 131, Lot 16). Zone R-40.  The motion was seconded by Commissioner Marecki and was unanimously approved.

Commissioner Pomeroy returned to Section V, items 1 and 2 of the Public Hearings. 

V. PUBLIC HEARINGS

1. Application #14-30 of Christopher J. Smith, Esq., Applicant; Thomas Evans, Owner; petitioning for a Text Amendment regarding changes to Article Ten, Sections G(1) and G(2) of the Zoning Regulations of the Town of Simsbury. (continued from 7/7/14).

2. Application #14-31of Christopher J. Smith, Esq., Applicant; Thomas Evans, Owner; for a Site Plan Amendment and Zone Change from Zone I-1 to Zone PAD on the property located at 155 Hopmeadow Street (Map F17, Block 201, Lot 002A). Zone I-1. (continued from 7/7/14).

Mr. Peck stated for the record that clarification regarding Planning Commission’s recommendation was split; both were negative. Secondly, the Town Attorney provided a memo clarifying the lot size.  Thirdly, letters of support and opposition were provided in the package.

Commissioner Pomeroy stated for the record a few points from Mr Smith’s letter dated July 17, 2014. Specifically, the Town Attorney stated clearly that the lot meets PAD regulations,

Mr. Christopher Smith, Land Use Attorney and Partner of Shipman & Goodwin LLP, gave a summary of his response letter dated July 17, 2014 which he submitted to the Commission.  Items addressed included the lot size, open space public amenities, parking if residential component eliminated, letter of support from Rabbi Mendal Samuels of the Chabad of the Valley, and zone text amendment concerning distances from churches.

Commissioner Pomeroy asked if anyone from the public would like to speak.

Ms. Joanna Needham distributed a letter from Attorney Timothy Fitzgerald to be submitted into the record.  Mr. Fitzgerald was unable to attend due to a back injury.

Mr. John Lucker of 88 Blue Ridge Drive, Simsbury, opposes the application due to the gas station. He stated for the record that we object to the hearings of the text amendment and zone change being heard at the same meeting. In the past, the text amendment would have been cleared up first.  He asked for this application to be denied.

Mr. John Lucker of 88 Blue Ridge Drive, Simsbury, returned to the podium to read the letter from Attorney Timothy Fitzgerald from the law office of Dwyer, Sheridan and Fitzgerald, LLC., dated July 21, 2014.  Mr. Fitzgerald represents some residents that oppose the applications and discusses the following in the letter: Text amendment, lot size, and planning goals of the PAD.

Mr. Kevin Cummings of 5 Wynnewood Road, Simsbury asked if Attorney Timothy Fitzgerald is a resident of Simsbury. If not, he wanted the residents that Mr. Fitzgerald is representing to come forward and state their name and address for the record.

Mr. Ferg Jansen of 3 Fox Den Road, West Simsbury, stated he is on the Land Use Committee but there isn’t a conflict of interest because the Committee is not voting on the application. Mr. Jansen stated that exceptions to the regulations are necessary due to changes in the market. Changes enable the town to move forward and remain competitive. He added that the application is a solid proposal.

Ms. Susan Van Kleef of 30 Tunxis Place said that she serves on the Clean Energy Task Force but that committee will not be voting on this topic. Ms.Van Kleef stated that she doesn’t see what is innovative about a Cumberland Farms and a gas station. The PAD regulations indicate the property is supposed to be environmentally and pedestrian friendly and include open space. She feels the proposed application does not meet these requirements.

Mr. Ben Hefferon of 21 North Field Road opposes the idea of a gas station.  He chose to move to Simsbury because of the character of the town and its respect for history. Mr. Hefferon also stated that the left-hand turn from Dunkin Donuts is already terrible. A gas station across the street will make it worse.

Mr. Gedalyah Jeremias of 1 Hamilton Lane added a few comments to the letter he submitted July 7, 2014.  He stated his wife and 5 children moved to Weatogue from Waterbury for a nice place to live. It has become increasingly more dangerous for him and his family to walk to Chabad during Sabbath (Friday night, Saturday morning and Saturday night). He opposes the applications.

Mr. Mike Downs of 72 Simsbury Manor Drive, Weatogue, stated that he would like to see the Pool Barn renovated but doesn’t want a gas station.  He added that another gas station is not needed and he lives downstream from a potential fuel spill.

Mr. Barry Rahmy of 135 Old Canal Way, Weatogue, said that there is a Cumberland Farms north of Simsbury and it looks very plastic and inauthentic.  He moved back to Simsbury because he likes the town.  Mr. Rahmy added that he commends Mr. Evans for saving the Pool Barn building.

Ms. Judy Rabinowitz of 126 Hopmeadow Street, Simsbury, said she is in favor of some development in town but not a gas station. She requested that the Commission considers the amount of opposition from the public.

Mr. John Lucker of 88 Blue Ridge Drive, Simsbury, spoke again. He stated that Mr. Jansen made a comment that the proposal is consistent with the POCD. However, Mr. Lucker wants to state for the record that it was noted by the Planning Commission in a negative referral that this proposal is not consistent with the POCD. 

Commissioner Pomeroy asked Mr. Peck to read into the record the votes from Planning Commission meeting held on June 24, 2014. 

Mr. Peck stated for the record that the Planning Commission has reviewed the material and voted as follows:  

1. Regarding the zoning application for a site plan amendment and zone change. On a motion to provide a referral, the vote was two in favor and two opposed.  The referral on this aspect is therefore negative.

2.  Regarding the zoning application for revisions to zoning text.  On a motion to provide a negative referral, he vote was four in favor of the motion. The referral on this aspect is therefore negative.   

Mr. Christopher Smith, Land Use Attorney and Partner of Shipman & Goodwin LLP commented that the entrances and exits should remain two-way to prevent people from having going through the entire site to get to the other side.

Mr. Dale Cutler of Kenyan & Cutler Architect, Avon wanted to express again the comments he made during his presentation at the last meeting.  He stated that the building is 100 years old and is a very sound structure. Previous owners kept the exterior in good shape.  The renovation of the Pool Barn can’t be supported without an income producing property. This is a unique opportunity to preserve its history.

Mr. Paul Wilson of Cumberland Farms answered Commissioner Cosgrove’s question regarding hours of operation.  He said that Cumberland Farms is proposing to remain open 24 hours. However, they will work with the community. 

Mr. Thomas Evans, Owner of the Pool Barn answered Commissioner Marecki’s question regarding if there are any proposed options for the Pool Barn.  He said that it would be smaller and divided up to 800 sq. ft. units for eight small business spaces. He added that there is a need for smaller retail spaces.

5. Commissioner Ryan moved to close the public hearings for Applications #14-30 and #14-31. Commissioner Gray seconded the motion and was unanimously approved.

The Commissioners had a lengthy discussion regarding their concerns of Applications #14-30 and #14-31.  Commissioner Pomeroy stated a decision would not be made that evening. He added that he appreciates the magnitude of the public response and also appreciates what Mr. Evans did with opening Dunkin Donuts across the street.  Commissioner Pomeroy added that the Zoning Commission has to look at the property and its uses in context with the town.

VIII . INFORMATIONAL

Mr. Peck stated that the Hartford Base Code revisions need to be read into the record as follows:

Revision 1:  Section 7.0 C.1 “ The Hartford North District shall consist of at least two (2) of the following four (4) distinct component zones designated in the ordinance creating the district:”

Revision 2: Section 5.0 D.4 … “d. To require a public hearing on any application to insure its compatibility with stated, adopted Code standards.”

Commissioner Ryan moved to accept the two revisions of The Hartford Form Based Code in regards to Sections 7.0 C.1 and 5.0 D.4 with an effective date of August 1, 2014. The motion was seconded by Commissioner Pomeroy and was unanimously approved.

Mr. Peck also provided an update to The Commission regarding the following topics:

A big concern with downtown merchants is pool parking or shared parking in town. This will be addressed during September or October meetings.

Big Y is on track to close in August and begin ground work in September. The store is expected to open in a year.

CuraLeaf installed the fence and are ready to begin operation.

IX. ADJOURNMENT

Commissioner Ryan made a motion to adjourn the meeting at 9:05 P.M.  The motion was seconded by Commissioner Pomeroy and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk