Zoning Commission Minutes 09/15/2014 DRAFT

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

DRAFT MINUTES
SEPTEMBER 15, 2014

I.  CALL TO ORDER

Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:05 P.M. on Monday, September 15, 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, Jackie Battos, Mike Doyle, Vaughn Marecki, Derek Peterson, Gerald Post and Dave Ryan. Others in attendance included Hiram Peck, Director of Planning and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Cosgrove for Commissioner Gray.

III. APPROVAL OF MINUTES

Minutes from July 21, 2014 Regular Meeting were unanimously approved as submitted.

IV. PUBLIC HEARING(s)

Application #14-38 of Marc Lubetkin, Owner, for a Special Exception pursuant to Article Ten, Section H, of Simsbury Zoning Regulations for a temporary liquor permit for a series of three special courtyard events at Red Stone Pub on the property located at 10 Jim Gallagher Way, (Map G10, Block 227, Lot 001A-RR).Zone SC-3.

Mr. Peck addressed the Commission and stated that the file does not have an affidavit that is required. He added that last year there was discussion among some tenants that disapproved of the events.

Mr. Marc Lubetkin, Owner, Red Stone Pub, brought the sign affidavit with him and gave it to Mr. Peck.  Mr. Lubetkin said he is requesting a temporary liquor license for a series of outdoor events to be held in the courtyard of 10 Jim Gallagher Way.  For the past three years, the events have been held on the patio of the Red Stone Pub. He would like to use the courtyard area and close the space to parking. Mr. Lubetkin indicated that set-up and breakdown will consume the entire day the event is held. Dates and event titles are as follows:

Oktoberfest, Saturday, October 11, 2014 from noon to midnight

RSP Geer Garden, Saturday, November 29, 2014 from noon to midnight

Spring Fling, Saturday, May 2, 2015 from noon to midnight

Mr. Lubetkin answered Commissioner Pomeroy’s question about issues with other tenants. He stated that the tenant that had issues with the events has since left. Also, Mr. Lubetkin stated that his lease has been rewritten to include up to six courtyard events per year.

1. Commissioner Cosgrove moved to close the public hearing for Application #14-38 of Marc Lubetkin, Owner. The motion was seconded by Commissioner Peterson and was unanimously approved.

Application #14-39 of Joseph Galiette, Owner, for a Special Exception pursuant to Article Eight, section C.1, of Simsbury Zoning Regulations for a home occupation in a residential zone on the property located at 283 Hopmeadow Street, Weatogue, (Map F15, Block 116, Lot 005). Zone R-40.

Mr. Joseph Galiette said that he wants to move his hairdressing business into his home due to health problems. He stated that he will be open two days a week and expects to have four to five customers during those days. Customers usually arrive in the morning and evening. His driveway can accommodate four cars and his neighbor is in support of the business moving into Mr. Galiette’s home. Mr. Galiette added that the size of the sign on his property will meet regulations of one square foot (8” x 18”) and will also include the name of his business “Studio 283”.

2. Commissioner Cosgrove moved to close the public hearing for Application #14-39 of Joseph A. Galiette, Owner. The motion was seconded by Commissioner Ryan and was unanimously approved.

 The Commissioners voted on both applications.

1. Commissioner Ryan moved to accept Application #14-38 of Marc Lubetkin, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a series of three special courtyard events at Red Stone Pub on the property located at 10 Jim Gallagher Way (Map G-10, Block 227, Lot 001A-RR).Zone SC3. The motion was seconded by Commissioner Post and was unanimously approved.

2. Commissioner Post moved to accept Application #14-39 of Joseph A. Galiette, Owner, for a Special Exception pursuant to Article Eight, Section C.1, of the Simsbury Zoning Regulations for a home occupation in a residential zone on the property located at 283 Hopmeadow Street, Weatogue, (Map F15, Block 116, Lot 005). Zone R-40. The motion was seconded by Commissioner Ryan. Commissioners Pomeroy, Marecki, Cosgrove, Ryan and Post voted in favor of the application while Commissioner Peterson opposed. The application was approved.

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

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. (PUBLIC HEARING CLOSED 7/21/14).

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. (PUBLIC HEARING CLOSED 7/21/14).

Mr. Peck prepared a handout for the Commission’s consideration that included one motion for the approval of the application and a second motion for denial of the application.

Commissioner Pomeroy suggested that the Commission discuss and vote on the text amendment first.

Commissioner Pomeroy read out loud the revised text proposed by Attorney Smith. Mr. Peck stated that the proposed text from Attorney Smith is recommended for approval since the impact to any existing church or religious institute is minimized and will not apply to any other such institute in Simsbury.

Commissioner Pomeroy added that the second text amendment has to do with the size of the curb cut.

Mr. Peck said he spoke with the Town Engineer regarding the curb cuts. The Town Engineer doesn’t think that the curb cut should be wider than necessary. Also, the Town Engineer recommended removing the following statement, “There shall be a minimum of any series of driveways.”

1. Commissioner Ryan moved to accept 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 with the following amendments:

The following wording shall be ADDED to Article Ten Section G.1:  The aforementioned distance requirement shall not apply to a church or religious institution located in an industrial zone.

The following wording shall be ADDED to Article Ten Section G.2:  The above requirements shall be met unless determined otherwise by the Connecticut Department of Transportation where requirements for driveway width and curb radii shall prevail when DOT approval for such designs is required.

The following wording shall be DELETED from Article Ten Section G.2: There shall be a minimum of any series of driveways.

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

Commissioner Pomeroy proceeded to discuss the second application. He stated the following for the record:

The applicant has made the application for a zone change to the subject 1.87 acre site. Correspondence from the Town Attorney confirms the eligibility of the subject site for consideration as a PAD.

The applicant has provided a description of the open space and public amenities to be located on the site in a memo by Attorney Smith including at least:

Specific and safe bicycle and pedestrian access to the abutting trail

Construction of a pathway to access the proposed facilities from the trail

Three bike storage racks

A shelter for bikers and pedestrians during inclement weather

Access to the public restroom facilities for uses of the trail

While the site historically has be used for a wide variety of uses including retail sales, manufacturing and automotive sales and service, the proposed PAD will allow the use of the site for a new mix of uses including retail, residential, office and service station.

The PAD will allow for the renovation of the existing 100 year-old barn on the property. While it is understood that a small portion of the barn will be removed to make room for the patio construction, the largest part of the barn will be renovated and upgraded.

Commissioner Peterson stated for the record he wasn’t present at the last public hearing but he watched the video online. Commissioner Peterson said he was on the subcommittee that helped draft the PAD. He stated while on the PAD subcommittee, he fought to ensure flexibility for owners, developers and the Zoning Commission. Commissioner Peterson added that he is a huge proponent of property rights and landowner rights but doesn’t agree with the mixed uses for this property.  His idea of mixed-use has synergies in place, which he doesn’t think applies to this property. He added that turning a gas station into a bike depot is “smoke and mirrors.” Also, the fuel station is counter intuitive, it’s a means to an ends because the gas station is the equity for the whole project. Further, it will be difficult to lease the residences with a 24/7 Cumberland Farms next door. Simsbury is not a 24/7 community, so he feels it’s a miss use of the PAD. Commissioner Peterson said there is a better use for this property and is opposed the development.

Commissioner Ryan stated that the key factor in his decision process was if the development will improve the quality of life in town.  He said an investment in the pool barn is important because it is in need of repair and the grounds are full of weeds. The convenience store and bathrooms accessible to those using the trail are also important. He viewed the trail earlier that morning and noticed more people walking on the trial than on the sidewalks in down town Simsbury. Commissioner Ryan added that an increase in competition for gasoline supply is good. In addition, he added that the offices and residences fit well because Hopmeadow is a busy commercial street.  Commissioner Ryan added that the Wetlands agree that there is no basis for denial and the owners agree to preventative spillage control. Therefore, the concerns of the neighbors are not real. He said he is in favor of the application.

Commissioner Marecki said that whatever happens to The Hartford property, there will be people that need the same services proposed by the Mr. Evans. Commissioner Peterson responded saying that The Hartford will include these amenities within the property; he believes it allows a fuel station.

Commissioner Post is in agreement with Commissioner Peterson. He doesn’t think the gas station is a good fit. Also, Commissioner Post said he feels for the people living there. He personally wouldn’t want a gas station in his back yard and doesn’t see the need for a 24/7 gas station.  The gas station is dominating the whole property. Environmentally, he has been in town and public safety all his life, there have been two fuel tanker incidents in town over the years.  We are in close proximity to the water and he doesn’t think there is enough provision to handle the ramifications of a fuel tanker incident. He doesn’t think the proposed development is a good fit. 

Commissioner Pomeroy brought up the topic of the 24/7 hours. He suggests modifying the application and proposing to limit the hours to no later than midnight and no earlier than 5:00 am.  He also mentioned restricting music playing on the outdoor speakers. Commissioner Cosgrove added a suggestion about cutoff lighting. 

At this time Mr. Peck stated the 10 proposed Site Plan Amendments for the property, which are as follows:

The PAD will allow and the Commission will require timely compliance with the entire proposed plan as shown on the referenced plans.

The Commission requires as part of this approval that the existing barn on the property be renovated within three years of this approval. Failure to complete a significant portion of that renovation in that time shall be cause for the Commission to review the approval and take appropriate action.

The Commission hereby sets the maximum hours of operation of the convenience store to be from 5:00AM to midnight.

The Commission also specifically requires that any site lighting be full cutoff lighting which shall not trespass off the site. Shields may be required once the lighting is installed. Any lighting under the proposed canopy shall also be full cutoff lighting which shall not trespass off the site.

The Commission also specifically prohibits any outside noise or speakers which are used for playing music or advertising or any purpose other than emergency or specific instructions related to the fueling facility. This is an effort to minimize the noise associated with the convenience store and fueling facility on the property.

The Commission hereby approves the location of the proposed fueling facility as required in accordance with Chapter 250 of the Connecticut General Statues.

Signs for the proposed development may be approved through the normal approval process. However the applicant shall not have any internally illuminated signage on the site including fuel price signs unless permitted by a revision to the Town’s signage regulations or by duly approved variance.

All window signage shall also meet existing zoning regulations.

Prior to signoff for a certificate of occupancy, all requirements of the following are to be met: Water Pollution Control Authority, Fire Marshal, Town Engineer, Code Enforcement Official, and Building Official.

If any use other than what has been proposed and approved at this time is proposed to be changed, the Planning Director shall be notified before such change is made. Determination as to whether such change is substantial and needs to come back to the Zoning Commission will be made at that time.

Commissioner Peterson asked Mr. Peck if there is a time period after the fuel station is open when the Commission can take appropriate action if the pool barn renovations have not moved forward according to plan. Mr. Peck replied that if the requirements of the special permit are not met, the Commission can revisit it in the future. The owner has five years under the statutes to complete the project. Mr. Peck suggested that the Commission can request to revisit the development of the pool barn in three years.

Commissioner Pomeroy said that the Commission should give credit to Mr. Evans for the nice work he did to the Dunkin’ Donuts across the street.

Commissioner Marecki said he is also a commercial property owner in town and while contemplating his decision, he tried to put himself in the owner’s shoes. He said the property has looked poorly for a long time. He doesn’t understand why some people want the property to continue look that way. Commissioner Marecki added he doesn’t think that the owner should be penalized for trying to do something nice. He added that he has been here for 50 years and doesn’t remember anything looking nice at that location.

Commissioner Pomeroy said that this has issues on both sides that require much thought. The Commission takes seriously the comments of the neighbors and it weighs heavily on us when we have that much public interest. As a Commission and Zoning Chair, he has a need to do what is right for the town and property owner.  Commissioner Pomeroy added that he takes into consideration if it is fair to the owner, the overall the best thing for the town and comments from  people impacted by this development. He thinks there should be restrictions to the application to best react to the feedback from the community. He votes in favor of the project because he thinks it is best to have the property renovated and in use. It is not a dramatic change from the way it was zoned originally. The neighbors may not want a gas station near their property, but the potential was there all along. With the restrictions as outlined by Mr. Peck, he recommends approval of the application.

2. Commissioner Ryan moved to accept 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 with the following amendment:

The PAD will allow and the Commission will require timely compliance with the entire proposed plan as shown on the referenced plans.

The Commission requires as part of this approval that the existing barn on the property be renovated within 3 years of this approval. Failure to complete a significant portion of that renovation in that time shall be cause for the Commission to review the approval and take appropriate action.

The Commission hereby sets the maximum hours of operation of the convenience store to be from 5:00AM to midnight.

The Commission also specifically requires that any site lighting be full cutoff lighting which shall not trespass off the site. Shields may be required once the lighting is installed. Any lighting under the proposed canopy shall also be full cutoff lighting which shall not trespass off the site.

The Commission also specifically prohibits any outside noise or speakers which are used for playing music or advertising or any purpose other than emergency or specific instructions related to the fueling facility. This is an effort to minimize the noise associated with the convenience store and fueling facility on the property.

The Commission hereby approves the location of the proposed fueling facility as required in accordance with Chapter 250 of the Connecticut General Statues.

Signs for the proposed development may be approved through the normal approval process. However the applicant shall not have any internally illuminated signage on the site including fuel price signs unless permitted by a revision to the Town’s signage regulations or by duly approved variance.

All window signage shall also meet existing zoning regulations.

Prior to signoff for a certificate of occupancy, all requirements of the following are to be met: Water Pollution Control Authority, Fire Marshal, Town Engineer, Code Enforcement Official, and Building Official.

If any use other than what has been proposed and approved at this time is proposed to be changed, the Planning Director shall be notified before such change is made. Determination as to whether such change is substantial and needs to come back to the Zoning Commission will be made at that time.

The motion was seconded by Commissioner Pomeroy.  Commissioners Cosgrove, Marecki, Ryan and Pomeroy voted in favor of the application while Commissioners Post and Peterson opposed. The application was approved.

St. Mary’s Church discussion an possible decision regarding final plan for existing temporary building and church on the properties located at 940 Hopmeadow Street (Map H09, Block 227, Lot 001) and 944 Hopmeadow Street (Map H09 227 002) . Zone SC-1.

Mr. Bill Heiden, Business Manager of St. Mary’s Parish and Mr. Rick Lenz, Chair of Finance Committee, Co-Chair of Facilities Working Group and Trustee of Parish were present. Mr. Heiden said that as a result of the Newtown shootings, the school and Parish commissioned a security review. It was recommended that the school activities in the lower church be removed to the school proper. This resulted in the temporary trailers added to the property in order to move the library an art space from the school property.  He is here to give an update on the planning process.   

He discussed the complicated process since he has to take into account the Town of Simsbury, town community, parishioners and a new Archbishop. The Archbishop has instituted the pastoral planning process. This means the timelines they were used to with the previous Archbishop is a little strained. He continues to move forward as best as possible but they are constrained by what the Archbishop approves. He is specifically constrained regarding what he is permitted to say publicly without the prior sign-off from the Archbishop.

The school has done a full inventory of the assets, including the physical plant, inventory of stake holders and their interests. They are very short of meeting space and storage. They have concerns about the connectivity of the church community, town community and school community and they are trying to integrate these communities.

This started as a safety need, but it turned into something much bigger to address the space needs. There are five potential solutions for the permanent library and art space but nothing has been approved. St. Mary’s is the first parish that is going through this plan and it is a learning process for everyone.

Commissioner Pomeroy said that the Commission wants St. Mary’s School to continue moving forward and encourages a plan to remove the temporary buildings. He suggested for the Mr. Heiden to return in six months for a progress report.

VI. DISCUSSION OF NEW AND ONGOING PROJECTS

Mr. Peck introduced Rachel Blatt, new Assistant Town Planner. She is working on the report regarding the number of apartments in town.

Big Y will break ground in September. There are some discussions about the barns around the property. 

Webster Bank building is revising plans and presenting to Design Review Board on October 6, 2014.  Commissioner Pomeroy stated for the record that the property is looking shabby and something should be done.

VII. ADJOURNMENT:

Commissioner Ryan made a motion to adjourn the meeting at 8:27P.M.  The motion was seconded by Commissioner Peterson and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk