Zoning Commission Minutes 10/07/2013 ADOPTED
ZONING COMMISSION - REGULAR MEETING – 7:00 PM
ADOPTED MINUTES
OCTOBER 7, 2013
I. CALL TO ORDER
Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:05PM on Monday, October 7, 2013 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Edward Cosgrove, Will Fiske, Edward Pabich, Derek Peterson, and Dave Ryan. Others in attendance included Hiram Peck, Director of Planning, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Commissioner Pomeroy appointed Commissioner Peterson for Commissioner Post and Commissioner Cosgrove for Commissioner Salls.
III. APPROVAL OF MINUTES
Minutes from September 16, 2013 Regular Meeting were unanimously approved.
IV. CONSENT ITEMS
1. Commissioner Ryan moved for approval of Application #13-45 of Darcie Roy of National Sign Corp, Agent for GC Simsbury LLC, owner for the Sign Permit for Berkshire Hathaway Home Services New England Properties on the property located at 920 Hopmeadow Street (Map H09, Block 227, Lot 001). Zone SC-1. The motion was seconded by Commissioner Fiske and was unanimously approved.
2. Commissioner Ryan moved for approval of Application #13-46 of Edward Morrison, Agent for Simsbury United Methodist Church (Methodist Episcopal Church Society), Owner, for a Site Plan Amendment for a parking lot expansion on the property located at 799 Hopmeadow Street (Map G10, Block 202, Lot 016). Zone SC-1. The motion was seconded by Commissioner Fiske and was unanimously approved.
Commissioner Pomeroy opened the floor to the public
V. PUBLIC HEARING
1. Application #13-38 of Marc Lubetkin, Agent for Geroge Markatos, Owner of 10 Mall Way (Map G10, Block 227, Lot 001A+RR), for a Text Amendment to the Town Center Regulations as follows: “Freestanding signs are permitted in the SC-1 frontage, and are permitted in the SC-2 or SC-3 frontages for properties on which there is a ‘Building to be Protected’ designation on the regulating plan.” (Continued from September 16, 2013)
Mr. Charles Houlihan, Attorney for applicant Mr. Marc Lubetkin, Owner, Red Stone Pub, is asking the Commission to approve the request to have a freestanding sign displayed at the Courtyard building so that the public can easily find the entrance to the property.
Mr. Houlihan stated that their previous applications with the Design Review Board have been denied. The Design Review Board was unable to act because a freestanding sign was not permitted in that zone. Mr Houlihan indicated that the Design Review Board suggested a text amendment application be submitted that applies to only three properties in the SC-3 zone at the Courtyard building.
Mr. David Richmond of 730 Hopmeadow Street stated that people walk into his business looking for the Red Stone Pub. He recommends that a sign is displayed.
Commissioner Ryan moved to close the public hearing. The motion was seconded by Commissioner Cosgrove and was unanimously approved.
Commissioner Ryan moved to approve the Text Amendment to the Town Center Regulating Plan as follows: Freestanding signs are permitted in the SC-1 and SC-3 frontage for properties on which there is a “Building to be Protected” as designated on the regulation plan. Freestanding signs are not permitted in SC-2 frontages. The motion was seconded by Commissioner Fiske and was unanimously approved.
In addition, Mr. Houlihan, is requesting that the Town refund a portion of the fees paid over the past year by Mr. Lubetkin. Mr. Houlihan stated that his applicant has followed three different processes, as recommended by the Design Review Board. Mr. Houlihan thinks his applicant is entitled to be reimbursed for the Zone Change fee since they were under the impression it was green-lighted and had support.
The Board of Selectmen has referred the Zoning Commission to decide whether a refund is appropriate in this circumstance.
Mr. Houlihan stated that a total of $1,250.00 in fees was paid by his applicant. According to the attachment titled “Fees Paid for 10 Mall Way Applications”, the Town staff indicates that a total of $1,140.00 was paid by the applicant.
Commissioner Cosgrove moved for approval to recommend to the Board of Selectmen that the Zoning Commission offer a refund of half the Zone Change fees and no additional fees to be incurred by Mr. George Markatos, Owner of 10 Mall Way, Red Stone Pub, LLC. The motion was seconded by Commissioner Ryan and unanimously approved with the exception of Commissioners Peterson and Pabich who opposed.
2. Application #13-42 of Louisa Sandsmark, agent for Rocca V. and Elenor G. Angerani Trustee, Owners, for a Special Exception pursuant to Article Seven, Section I.4b, of the Simsbury Zoning Regulations to allow for the operation of an antique and estate auction business on the property located at 17 Herman Drive (Map 102, Block 439, Lot 008). Zone I-1. (Application was withdrawn on October 2, 2013)
3. Modification of the Zoning Map to show the Tariffville Aquifer Protection Area
Refer to AQUIFER PROTECTION AGENCY - SPECIAL MEETING – held on
October 7, 2013
VI. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:
1.Application #13-30 of Matt Wittmer of Phase Zero Design, Agent for GPF-Drake Hill, LLC, Owner for a Site Plan Amendment on the property located at 720 Hopmeadow Street (Map G10, Block 227, Lot 001-2). Zone SC-1.
Mr. Matt Wittmer, Phase Zero Design, Agent for Steven Walker, Owner, is proposing an addition onto the Cannon Building, which faces the Fitzgerald’s parking lot. Currently, there is a former plaza on the side of the building that is in disrepair. Originally, this area of the building included a porch-like structure. The idea is to add on a single-story addition within the same footprint to be used for retail space. It will be very complementary to the original building. Mr. Peck has requested additional time to prepare information regarding the staff comments and the Design Review Board minutes to present at the next meeting on October, 21, 2013. Commissioner Pomeroy agreed to Mr. Peck’s request.
2. Application #13-44 of Chris Milliard of Phase Zero Design, Agent for GC Simsbury LLC, Owner, for a site Plan Amendment on the property located at 920 Hopmeadow Street (Map H09, Block 227, Lot 001). Zone SC-1.
Mr. Chris Milliard of Phase Zero Design was not present. Mr. Wittmer stood in for Mr. Milliard. The owner of the property would is proposing to expand Subway at the Simsbury Town Shops. Commissioner Cosgrove asked if it is possible to have the Metro Bis and Subway sites look alike. Mr. Milliard stated that the Design Review Board requested autonomy between the two spaces in order to create a separation between the two tenants.
Commissioner Pabich moved for approval of Application #13-44 of Chris Milliard of Phase Zero Design, Agent for GC Simsbury LLC, Owner, for a site Plan Amendment on the property located at 920 Hopmeadow Street (Map H09, Block 227, Lot 001). Zone SC-1. The motion was seconded by Commissioner Fiske and was unanimously approved.
Commissioner Peterson moved for approval to amend the Agenda to include two informal presentations: Medical Marijuana, presented by Ms. Eileen Konieczny of New Paltz, New York; Dorset Crossing, presented by Mr. Bryan Robik of Eastpointe, LLC of Fairfield, Connecticut. The motion was seconded by Commissioner Pabich and was unanimously approved.
1. Ms. Eileen Konieczyny of New Paltz, New York is an oncology nurse for over 20 years and owner of Olive’s Branch, a patient advocacy organization. Ms Konieczyny was instrumental in getting medical marijuana legislation passed in Connecticut. She is a Board member of the American Association of Cannabis Alliance and serves as the Executive Director of Cannabis Business Alliance.
Ms. Konieczyny discussed the following aspects of medical marijuana: the law, protection to the communities and applications in process. Her purpose in presenting to the Zoning Commission is to pursue a cultivation license in Simsbury. Ms. Konieczyny is interested in opening a facility that is between 40,000 sq. ft. and 100,000 sq. ft. She expects to hire 25-36 employees to start and expand to over 100 employees in three years. The capital investment of equipment is $6 million, not including rent. She added that private investors are vital to the start of the business.
2. Mr. Bryan Robik of EastPointe, LLC of Fairfield, Connecticut discussed the 168 of the 216 approved units pertaining to East Pointe at Dorset Crossing. He discussed the site plan, number of units and height of the buildings, as well as landscaping. Mr. Robik is asking the Commission how to proceed. Commissioner Pomeroy encourages EastPointe, LLC to process an application in order to approve the site plan. The Zoning Commission would like to hear from the Design Review Board in regard to the appearance and design aspects of the buildings. The Commission will instruct the Design Review Board to focus specifically on the questions of design
VII. FOR CONSIDERATION AND POSSIBLE VOTE TO RECOMMEND APPROVAL:
1.Capital Region Natural Hazards Mitigation Plan Update 2013 - 2018, Executive Summary
Mr. Peck recommends that the Commission move forward to incorporate the Natural Hazards Mitigation Plan into regulation. He would like to know the Commission’s opinion within the week. The plan encourages municipalities to apply LID incorporation into their regulations. For example, require those that have large developments to use rain gardens, storm water management and pervious pavement techniques.
VIII. ADJOURNMENT
Commissioner Ryan made a motion to adjourn the meeting at 9:17 P.M. The motion was seconded by Commissioner Peterson and was unanimously approved.
Respectfully Submitted,
Irene Muench, Commissions Clerk