Zoning Commission Minutes 10/06/2014 DRAFT

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

DRAFT MINUTES
OCTOBER 6, 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, October 6, 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, Kevin Gray, Vaughn Marecki and Dave Ryan. Others in attendance included Hiram Peck, Director of Planning and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Battos for Commissioner Peterson and Commissioner Cosgrove for Commissioner Post.

III. APPROVAL OF MINUTES
 

Minutes from September 15, 2014 Regular Meeting were unanimously approved with adopted changes from Commissioner Ryan.

IV. CONSENT ITEMS

1. Application #14-40 of Brian Robik, Agent for Eastpointe, LLC, Owner: for a sign permit for Eastpointe at Dorset Crossing on the property located at 55 Dorset Crossing Drive (Map H04, Block 403, Lot 13A-B). Zone PAD.

Mr. Peck stated that the Design Review Board unanimously approved the sign earlier in the evening.

2. Application #14-42 of Richard J. Higley, Sr., Agent for Dyno Nobel, Inc., Owner, for a sign permit for Dyno Nobel on the property located at 660 Hopmeadow St. (Map G11, Block 132, Lot 052). Zone I-1.

Mr. Peck again stated that the Design Review Board unanimously approved the sign earlier in the evening.

Commissioner Cosgrove stated that the signs should include the number of the address.  Commissioner Ryan commented that the sign is not on the road, it will be located further back on the property. Commissioner Pomeroy said that the Dyno Nobel’s sign is more of an entrance/exit; therefore it doesn’t need the address on the sign.

1. Commissioner Ryan moved to accept Application #14-40 of Brian Robik, Agent for Eastpointe LLC, Owner, for a sign permit for Eastpointe at Dorset Crossing; as well as Application #14-42 of Richard J. Higley, Sr., Agent for Dyno Nobel, Inc., Owner for a sign permit for Dyno Nobel.  It is strongly suggested that the address is included on the Dorset Crossing sign. The motion was seconded by Commissioner Marecki and was unanimously approved.

V. PUBLIC HEARING(s)

Application #14-37 of Robin Meisser Pearson, Esq., for K & K Developers, Inc., Agent/Applicant; Mark Greenberg, INFINITY IV, LLC, Owner; for a Zone Change from I-1 to PAD on property located at 34 Hopmeadow Street, approximately 60 acres on the easterly side of Hopmeadow Street between the Avon Town line and Tower Office Park (Map E18, Block 117, Lot 001). Zone I-1.  

Ms. Robin Pearson, Attorney at Alter & Pearson, LLC, said that she is here on behalf of K & K Developers, Inc. and Mark Greenberg, Owner of INFINITY IV, LLC. She stated that she provided the town planner with an avadavat for a sign posting then proceeded to introduce the team.  Ms. Pearson described the application processes the team has followed for approval of the Master Plan.

Mr. Christopher Ferrero, Vice President of Fuss & O’Neill said that the site is about 60 acres and the property does contain a low-quality drainage ditch classified as wetlands. Mr. Ferrero said that the surrounding area is mixed use and includes single family homes, offices, retail and restaurants, wildlife sanctuary and bike trail.

Mr. Ferrero said that Fuss & O’Neill has been involved in a number of reports and studies of the site over the years. Fuss & O’Neill was a prime consultant preparing the Rt. 10 corridor study. According to the study, the character of Hopmeadow Street must remain unchanged in regards to the two-lane criteria and the views of the mountain range cannot be obstructed. Mr. Ferrero said that their proposal balances the two. 

Mr. Ferrero said that they set back the buildings and modified building heights as recommended by the Planning Commission. Their design ensures that at least 200 ft. of the ridge line is visible over the peak of the buildings. The guiding principles of their design include the following: 

Maintain ridge line

Interconnected system of open spaces

Large village green along Hopmeadow Street

Decrease density and building height

Bike trail connectivity

Consistency with PAD, POCD and smart growth principles.

The property is divided into 4 parcels:

Lot 1A is 51,000 sq. ft. of mixed use

Lot 1B consists of 25 town houses, 156 apartments, a club house and open space uses. The buildings in this section are two-story high

1C is 24,000 sq. ft. of mixed use of one story buildings and includes the Hopmeadow green

Lot 2 is 91,000 sq. ft. of existing mixed use

39% of the property is open space that is interconnected

Most of the parking for the residential component is on the street.

Mr. Ferrero’s showed pictures of the ridgeline from the view of a person traveling in a car along Hopmeadow Street.  A significant portion of the mountain range view is blocked by the brush in the wetlands.  Part of their design includes removing some of the brush to improve the view of the mountain and part of the new road.

Mr. Ferrero provided background information of the developer. Garden Homes was established in 1955. They built and continue to manage 40,000 rentals and have sold over 40,000 single family and condo units. He praised their maintenance and landscaping and showed photos of their work.  The proposed architecture for the residential buildings includes town houses and two-story and three-story apartments. The bottom level has direct access to the outdoors. Parking includes 331 spaces with the majority designed as parallel and diagonal on-street parking. The remainder spaces are located on the sides and rears of buildings.

Mr. Ferrero answered Commissioner Pomeroy’s question about traffic lights. Those in the residential section will have to turn left onto Hopmeadow without a traffic light.

Mr. Ferrero then discussed the market assessment. He said that the estimated demand for rental housing in Simsbury is 175 units annually for the next five years. The competitive market rates are $1,620 per month for a one bedroom and $2,160 per month for a two bedroom. He added that there are 370 rental units under construction or approved for construction in Simsbury, which is less than the forecasted five-year demand.  He also pointed out that this development is a market draw for Avon and Canton.

As for the fiscal impact, Mr. Ferrero said that a full build out would result in a net positive of $834,200 of new taxes, not including the $789,000 one time building permit fee. As for the residential component, the net positive is $203,922.

Mr. T. J. Donohue, Attorney and Owner of Killian & Donohue, LLC, said he is representing the applicant/owner INFINITY IV, LLC.  He said that the following are key points that confirm the Town reviews to date:  

The PAD parcel is an industrial zone that is dramatically under utilized by the tenant CL&P.The parcel has the strongest profile for retail and commercial development in our town. It is unique to Simsbury because market area includes residential and office uses in south Simsbury on the RT 10- corridor and also Avon.Also, CL&P has made positive remarks about the proposed PAD.

The mixed residential development on the 14 acres located on the south east corner has been emphasized in the application because apartment and multi-family residences are a leading investment in development; the need of these units in this location is underserved.
 

The PAD provides three pods for commercial and retail development to support retail uses and medical/general office applications.These facilities are in high demand in this market.

Commissioner Pomeroy asked about the timeline the entire residential piece would be built.  Mr. Ferrero said that the construction will start in 11 months of approval and will be completed 10 months later.

Bruce Elliot of 21 Lincoln Lane said that he has lived across from the site for the past 28 years.  He is concerned about the monitoring wells on the north section. He passed out pictures of the wells to the Commission. He is asking the Zoning Commission to ask what the implications are for the proposed development and the current Avon Water Co. customers’ whose water is coming from beneath that area.

Sue Bednarcyk of 11 East Weatogue Street is asking the Zoning Commission is this best use of the land and should we be concerned that it may affect the scenic vista.  She added that it was mentioned that there are two areas that you can see the scenic vista. She drove the road several times and said that she saw the tower each time. During the POCD discussion, it was suggested to put in two soccer fields in order to preserve the scenic vista and provide soccer fields for that side of town, but that wasn’t brought up.  Ms. Bednarcyk referenced an article in the Simsbury News about Master Plans of Farmington. Another concern is a Master Plan for a PAD can change within 24 hours of approval. She questions that f it is really good for the developers, then is it the best for the residents.  Ms. Bednarcyk then showed the front cover of the Simsbury Celebrates brochure that shows the scenic view with the tower.  She said that the picture is all that will be left of the view.

Mr. Jacques Gilbert of 29 Redstone is concerned about the traffic issues especially when the retail component is added. The left turn from Lincoln Lane is already difficult and there is a need for traffic lights in other intersections.

Jerry Queen of 30 Blue Ridge Drive asked the question why Simsbury needs so many more apartments.  Crime statistics of apartment life should be considered since there was a murder/ suicide down the street from this location.  He researched the developer/builder and said there is a lot to learn about their history. He suggests the Commission research that in greater detail. He said the information will probably give the Commission some pause.  He did not give any examples.  

For the record, Ms. Robin Pearson said that the owner indicated to her that the monitoring wells are for CL& P specifically due to a problem many years back, C L& P put the monitoring wells in place under the direction of DEEP and it is strictly controlled through that state agency.

The Commission stated that there is a monitoring well in the middle of the development that will have to be addressed.

Mr. Ferrero responded to the concern about the traffic and making a left turn onto Hopmeadow Street. Since Hopmeadow Street is a state highway, it is not their decision when a traffic light can be installed. Until the DOT receives the necessary warrants, a signal cannot be installed.

Commissioner Pomeroy stated for the record he is uncomfortable with Mr. Queen’s open ended comment about the developer/builder. Commissioner Ryan added that Mr. Queen should have been more specific.  Commissioner Ryan said that this is a major development and people are questioning whether or not the town is being overbuilt quickly.  He thinks it is a good idea to keep the hearing open. 

Commissioner Gray said that it is a major application and should keep the public meeting open. Commissioner Cosgrove agreed with Commissioner Gray’s comment.

Commissioner Pomeroy said that this property has had previous proposals and this proposal deserves time and consideration. He encourages staff to work on the open issues as it relates to the wells.

Mr. Peck stated that the applicant asked if there could be a special meeting prior to Oct. 20th.  The Commissioners were not comfortable with having a special meeting.  

V. DISCUSSION OF NEW AND ONGOING PROJECTS

Mr. Peck gave an update on the following projects:

The former Webster Bank building will be at the Zoning Commission’s meeting on October 20, 2014.  He doesn’t know if it will be a formal or informal presentation. Commissioner Pomeroy said for Mr. Peck to encourage them to make an application rather than presenting another informal meeting. 

The closing of Big Y will take place soon and the start of the demolition of some of the buildings will happen shortly after.  Talks are taking place about moving the barn.  Big Y is scheduled to open in next October.

One of the larger property owners in town is talking about selecting an architect and in a few months the Zoning Commission will hear a little more. There will be a residential component to the project.

The status of the Powder Forest town houses is dependent upon the path the town takes. The final plans may be in within two to three weeks.

The report on Simsbury’s housing status will be ready for the next meeting. Mr. Peck answered Commissioner Cosgrove question on how much industrial land is vacant.  Mr. Peck said that Jeff Shea, Town Engineer, just completed an analysis for the Town Selectman. We can support eight to eleven more Hartford companies within the vacant industrial land.

Mr. Peck answered Commissioner Marecki’s question about sandwich board signs in town.  Mr. Peck said that the State has become extremely aggressive with removing sandwich board signs even if a permit was given. The Code Enforcement Officer is contacting people that put up the signs without a permit.  

VII. ADJOURNMENT:

Commissioner Ryan made a motion to adjourn the meeting at 8:55 P.M.  The motion was seconded by Commissioner Peterson and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk