Zoning Commission Minutes 10/19/2015

ZONING COMMISSION – REGULAR MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
OCTOBER 19, 2015

I.  CALL TO ORDER
 

Commissioner Robert Pomeroy called the Regular Meeting for the Zoning Commission to order at 7:02 P.M. on Monday, October 19, 2015 in the Program Room of the Simsbury Public Library located at 725 Hopmeadow Street, Simsbury, CT. The following members were present: Ed Cosgrove, Kevin Gray, Jackie Battos, Derek Peterson, Vaughn Marecki, Dave Ryan and Mike Doyle. Others in attendance included Mike Glidden, Assistant Town Planner, Robert DeCrescenzo, Town Attorney, and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Battos for Commissioner Post.

III. APPROVAL OF MINUTES

Changes to Minutes of Regular Meeting on October 5, 2015 are as follows:

Page 3, Line 115 should read as follows: Bonnie Rothman of 26 Evans Drive (not Caverns Drive)

The minutes were unanimously consented as submitted with changes.

IV. APPOINTMENT OF CODE ENFORCEMENT / ZONING ENFORCEMENT OFFICER

1. Appointment of Robin Newton as Code Enforcement/Zoning Enforcement Officer and Michael Glidden as Assistant Zoning Enforcement Officer.

Mr. Glidden introduced Ms. Robin Newton to the Commission and described her qualifications. Commissioner Pomeroy described Mr. Glidden’s accomplishments and qualifications for the position of Assistant Zoning Enforcement Officer.

Commissioner Ryan moved to approve the appointment of Robin Newton as Code Enforcement Officer.  Commissioner Gray seconded the motion and it was unanimously approved.

Commissioner Pomeroy moved to approve the appointment of Michael Glidden as Assistant Zoning Enforcement Officer.  Commissioner Peterson seconded the motion and it was unanimously approved.

V. CONSENT ITEMS

1. Application #15-26 of David A. Richman, Applicant; Hop 760, LLC, Owner; for a Site Plan Amendment on the property located at 760 Hopmeadow Street (Assessor’s Map G10, Block 205, Lot 003-4). Zone SC-1. (received 08/12/2015; decision must be rendered by 11/20/2015)

Mr. Glidden said that the Landmark building is going through an interior renovation.  The last step of the resolution is the parking adjacent to the site.

2. Application #15-36 of Christopher Milliard, Phase Zero Design, Applicant: Antonio5, LLC, Owner; for a Site Plan Amendment on the property located at 1225-1231 Hopmeadow Street (Assessor’s Map I05, Block 403, Lot 019). Zone B-2 (received 09/21/2015; decision must be rendered by 11/25/2015)

Mr. Glidden stated that Steven Antonio is replacing the façade of Sunrise Convenience Store.  A new sign plan will be submitted in the future.

3. Application #15-36 of Diana Goode, Applicant; Town of Simsbury, Owner; for a Site Plan Amendment for the construction of a greenhouse and pavilion on the property located at 73 Wolcott Road (Assessor’s Map I02, Block 439, Lot 002). Zone I-1. (received 09/21/2015; decision must be rendered by 11/25/2015)

Mr. Glidden said that the Simsbury Community Farm is proposing an open air pavilion and a greenhouse on the property.

Commissioner Pomeroy moved to approve Application #15-26 of David Richman, Application #15-35 of Christopher Milliard and Application #15-36 of Diana Goode.  The motion was seconded by Commissioner Peterson and was unanimously approved.

V. INFORMAL DISCUSSION

Potential changes by Chestnut Hill Associates of Simsbury, LLC, to Application #14-48 of John M. McCarthy, Agent: Chestnut Hill Associates of Simsbury, LLC, Owner; for a Site Plan Amendment for the Ensign House at Chestnut Hill, consisting of 38 living units, on the property located at 690 Hopmeadow St (Assessor’s Map G11, Block 132, Lot 053), approved with modifications by the Zoning Commission on 02/23/15. Zones SC-1 and SC-3.

Mr. Arnold Scholovitz, Owner of the Law Office of A. C. Sholovitz, requested to reschedule the presentation until the next meeting due to the drawings not being completed in time for staff and Commission members to review.  Commissioner Pomeroy granted the request.  

VII. PUBLIC HEARING(s)

The following applications were discussed simultaneously:

Application #15-27 of Girard Brothers Corporation, Owner; Sunlight Construction, Inc., Applicant; for a Zone Change from I-1 to WHOZ on the property located at 42 and 54 Hoskins Road (Assessor’s Map H05, Block 404, Lot 005). Zone I-1. (received 09/21/2015; public hearing must open by 11/25/2015)

Application #15-28 of Girard Brothers Corporation, Owner; Sunlight Construction, Inc., Applicant; for a Special Exception pursuant to Article 10, Section N.3, of the Town of Simsbury Zoning Regulations for the establishment of a Workforce Housing Overlay Zone on the property located at 42 and 54 Hoskins Road (Assessor’s Map H05, Block 404, Lot 005). Zone I-1. (received 09/21/2015; public hearing must open by 11/25/2015)

Application #15-29 of Girard Brothers Corporation, Owner; Sunlight Construction, Inc., Applicant; for a Special Exception pursuant to Article 10, Section N.6, of the Town of Simsbury Zoning Regulations to modify the dimensional standards of a Workforce Housing Overlay Zone on the property located at 42 and 54 Hoskins Road (Assessor’s Map H05, Block 404, Lot 005). Zone I-1. (received 09/21/2015; public hearing must open by 11/25/2015)

Application #15-31 of Condev Associates, LLC, Owner; Sunlight Construction, Inc., Applicant; for a Zone Change from I-1 to WHOZ on the property located at 22 Hoskins Road (Assessor’s Map H05, Block 403, Lot 021). Zone I-1. (received 09/21/2015; public hearing must open by 11/25/2015)

Application #15-32 of Condev Associates, LLC, Owner; Sunlight Construction, Inc., Applicant; for a Special Exception pursuant to Article 10, Section N.3, of the Town of Simsbury Zoning Regulations for the establishment of a Workforce Housing Overlay Zone on the property located at 22 Hoskins Road (Assessor’s Map H05, Block 403, Lot 021). Zone I-1. (received 09/21/2015; public hearing must open by 11/25/2015)

Application #15-33 of Condev Associates, LLC, Owner; Sunlight Construction, Inc., Applicant; for a Special Exception pursuant to Article 10, Section N.6, of the Town of Simsbury Zoning Regulations to modify the dimensional standards of a Workforce Housing Overlay Zone on the property located at 22 Hoskins Road (Assessor’s Map H05, Block 403, Lot 021). Zone I-1. (received 09/21/2015; public hearing must open by 11/25/2015)

Mr. Bill Ferrigno, President of Sunlight Construction in Avon, CT, summarized his presentation from the meeting held on October 5, 2015.  Mr. Ferrigno added that the Town Engineer questioned the location of the pedestrian access.  Mr. Ferrigno said he is willing to build the sidewalk wherever the Commission prefers.   

Comments from public audience:

Mr. Greg Mascoli of 9 Tallwood Hollow in Avon asked if there is a price point for the workforce housing.  Commissioner Pomeroy responded that pricing has to comply with the Workforce Housing Overlay Zone.

Ms. Joan Coe of 26 Whitcomb Drive doesn’t approve of the development. She cautions others that the rules for workforce housing can change in the future.  For the record, Ms. Coe submitted an Assessors list to the Commission indicating the number of houses sold in Simsbury under $250,000. She added that Simsbury has plenty of affordable housing and this development will decrease property values. 

Mr. Robert Kalechman of 971 Hopmeadow Street said he would like to see the documentation that the Town Attorney requested from Mr. Ferrigno on October 5th. He added that adequate sewers, sidewalks and streetlights need to be considered.

Mr. Martin Stine of 40 Hoskins Road is concerned about the heavy traffic volume, noise pollution and headlights shining into windows.  Mr. Stine submitted pictures to the Commission showing the steepness of slope of Hoskins Road. He also commented about the difficulty getting out of his driveway.

Ms. Susan Bednarcyk of 119 East Weatogue Street said she is concerned with the density of the development. She understood that workforce housing is designated for certain areas in town. She added the Commission should represent the people of the town not the developers.

Mr. Louis Case of 34 Hoskins Road opposes the development.  The development lacks amusement or recreation for children.  He recommends having a high fence built around the property to protect children from playing in the woods.  Mr. Case is also opposed to the retaining walls as it may cause draining problems.

Ms. Karen Bellino of 4 Old Meadow Place is concerned that the crosswalk is too close to the bottleneck on Rte. 10 and may cause a tie up at Rte. 315 intersection leading to Tarrifville.

Ms. Bonnie Rothman of 26 Evans Drive questioned the definition of affordable housing because in her opinion a house priced at $279,000 is not affordable.

Commissioner Ryan moved to close the public hearings for Applications #15-27, #15-28, #15-29, #15-31, #15-32 and #15-33.  Commissioner Pomeroy seconded the motion and it was unanimously approved.

The following applications were discussed simultaneously:

7. Application #15-24 of Royce Palmer, Owner; Mansour Prime LLC, Applicant; for a Zone Change from R-40 to WHOZ on the property located at 80 Climax Road (Assessor’s Map D20, Block 608, Lot 001). Zone R-40. (received 09/18/2015; public hearing must be opened by 11/22/2015) (TABLED 09/21/2015, 10/05/2015)

8. Application #15-25 of Royce Palmer, Owner; Mansour Prime LLC, Applicant; for Special Exceptions pursuant to Article Ten, Section N.3, and Article Ten, Section N.6, of the Town of Simsbury Zoning Regulations for the establishment of a Workforce Housing Overlay Zone and a Site Plan Approval on the property located at 80 Climax Road (Assessor’s Map D20, Block 608, Lot 001). Zone R-40. (received 09/18/2015; public hearing must be opened by 11/22/2015) (TABLED 09/21/2015, 10/05/2015)

Mr. Lewis Wise, Partner at Rogin Nassau, LLC, gave a brief overview of the proposed development and the cost of the houses. He provided background as to how his client received the suggestion from town staff to develop a single-family residential subdivision and a good opportunity to utilize workforce housing at the proposed location.  Mr. Wise continued with discussing the benefits of the wooded area, misconceptions of workforce housing and quoted from the Plan of Conservation Development (POCD). 

Mr. Andrew Quirk, P.E. and Principal at Kratzert, Jones & Associates, discussed the reasons for the special permits, drainage analysis, watershed and the size of the properties.

Mr. Jim Morneau, Owner of Classic Home Design, LLC, described the architectural design of the homes and stated that his designs are available for the public to review.

Mr. Brian Miller, Principal and Owner of Turner Mill Group, reviewed the detailed report regarding workforce housing that he submitted to the Commission.

Mr. P. J. Lewis, Sales Manager at William Raveis in Avon, provided examples of current real estate market and trends of home buyers.  He indicated that it will take about two years to sell the homes in the proposed development.  Mr. Lewis added that in the past three years, 43 houses sold on Climax Road at the average price of $338,000. 

Comments from public audience:

Mr. John Lucker of 88 Blue Ridge Drive is concerned about future changes to regulations if this application is approved.  He said the density is not appropriate for the location or population growth. He asked for the Commission to grant a one-year moratorium from voting on workforce housing applications until regulations are more specific.

Ms. Joan Coe of 26 Whitcomb Drive stated that the application benefits the developer  not the homeowners or community. She added that the supply for workforce housing exceeds the demand. Her recommendation is to reject workforce housing completely.

Ms. Shelly Perron of 37 Tallwood Hallow in Avon said that she lives in very close proximity to the proposed development.  She is most upset about how affordable housing is used to change local zoning laws. The law is well intended but it is being used for profit. 

Ms. Rebecca Brenia of 72 Climax Road said that her house was built in 1941 and at that time the lots were five acres. She added that the developer is getting a huge privilege to build fifteen houses on a 4.5 acre lot yet the town is not getting anything in return. She added the area is not conducive for walking and it will increase the traffic.

Mr. Richard Case Esq., of Case & Case P.C. in Avon, was required to tell the Commission why it is appropriate to accept an application of intervener status. Commissioner Pomeroy permitted Mr. Weiss to state a rebuttal.   

Commissioner Pomeroy moved to accept application for intervener status on part of Attorney Case and his clients. The Commission defers Attorney Case’s expert witness and presentation until the continuation of this public hearing on November 16, 2015.  In addition, Attorney Case agrees to share all necessary correspondence with Attorney Weiss and his clients as would be appropriate. The motion was seconded by Commissioner Ryan and was unanimously approved.

Mr. Allen Rosenberg of 82 Blue Ridge Drive said that he is concerned how easily the proposed application has a chance of being passed when he was rejected to build a shed on his property.  Mr. Rosenberg said he didn’t move to Simsbury to have it turned into workforce housing. He questions how the assessor evaluates these properties differently than his house.

Mr. Greg Mascoli of 9 Tallwood Hollow in Avon said that four proposed houses directly abuts his property.  Before moving to his current house, Mr. Mascoli said he evaluated the zoning and looked for a secluded wooded lot.  He is for affordable housing but against the density of the proposed development.

Mr. Robert Kalechman of 971 Hopmeadow Street is concerned that once this application is approved, other property owners can do the same. He is also concerned about storm drainage, sewers and removal of trees.

Mr. Nick Urda of 37 Climax Road said that he purchased his home this year and really hopes the application is rejected.

Mr. Michael Downs of 72 Simsbury Manor Drive said he currently lives in affordable housing. He is concerned with rising taxes due to the increase in developments and residents.

Ms. Bria Karpe of 10 Wheeler said that if the developer wants to build affordable housing then do so in an R-40 zone.

Mr. Paul Nascimento of 63 Climax Road said he moved away from West Hartford to have a property more secluded. He is against the application.

Mr. Jeremy Vearil of 82 Climax Road handed the Commission an additional 200 signatures petitioning the development.  He said that he moved here because of the zone and seclusion. He suggested developing workforce housing near commercial areas.

Ms. Carol Afragola of 10 North Drive stated that she opposes the development due to the high density, increased noise, impact on neighborhood and town resources (such as fire and police departments).

Ms. Susan Bednarcyk of 119 East Weatogue Street stated that this application sets precedence for future work force housing developments. The public expects predictability of residential zones from the Zoning Commission. She stated for the record that the intervener should be read into the record for the public to know.

Ms. Bonnie Rothman of 26 Evans Drive is concerned with water issues and is requesting the Commission to look into the matter further.

Ms. Joy Delaney of 26 Wheeler moved to town six months ago and didn’t like West Hartford because the lots are too small. During her search, she found 50-60 houses in the price range of $275,000 with one acre lots. She questions why someone would pay the same or more money for less land.

Mr. Joe Lynch of 13 Maureen Drive said that the problem is the Workforce Housing Overlay procedure. The density is not listed in the overlay regulations and it should be changed.

Commissioner Pomeroy stated that the public hearing will continue at the next meeting on Monday, November 16, 2015.

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

2016 Meeting Calendar

The Commission adopted the 2016 Meeting Calendar as submitted.

X. ADJOURNMENT

Commissioner Ryan made a motion to adjourn the meeting at 10:25 P.M.  The motion was seconded by Commissioner Pomeroy and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk