Zoning Commission Minutes 10/20/2014

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

MINUTES
OCTOBER 20, 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 20, 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, Vaughn Marecki, Kevin Gray, Derek Peterson, Gerald Post, Mike Doyle and Dave Ryan. Others in attendance included Rachel Blatt, Assistant Town Planner and other interested parties.

II. APPOINTMENT OF ALTERNATES

None appointed

III. ELECTION OF SECRETARY
 

Commissioner Gray moved to nominate Commissioner Peterson as Secretary of the Zoning Commission. Commissioner Pomeroy seconded the motion.

Commissioner Ryan moved to close the nomination. Commissioner Pomeroy seconded the motion. 

The Commissioners unanimously voted in favor of Commissioner Peterson as Secretary.

IV. APPROVAL OF MINUTES

Minutes from October, 2014 Regular Meeting were adopted as submitted with minor changes from Commissioner Gray.

V. PUBLIC HEARING(s)

1. Application #14-41 of Richard E. Schoenhardt, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on property located at 7 Pasture Lane (Map B09, Block 419, Lot 003). Zone R-40. (received 10/6/2014, public hearing must conclude by 11/24/2014).

Mr. Richard Schoenhardt said that there were two issues addressed at the last public hearing (April 21, 2014). The first issue was that he began construction on the staircase prior to receiving approval to begin construction on the project.  In response, Mr. Shoenhardt said that he had a right to build the staircase and it is still useful to have access from the second floor to the patio.

He added that the second issue pertained to charging rent.  He said that the intent was not and is not to consider it as a rental unit. However, he expects the person moving into the apartment to share living expenses. Mr. Schoenhardt added that he will not publically advertise the apartment as a rental unit.

Commissioner Pomeroy stated that Mr. Schoenhardt is permitted to reapply for a Special Exception for an accessory dwelling.  The Board received the letters submitted from Paula Rice of 6 Pasture Lane and her real estate agent, Mary Beth Tolan of Keller Williams Realty.  He pointed out that the realtor mentioned in the letter that this application is a zoning change. Commissioner Pomeroy said it’s not a zoning change; it is a Special Exception.  Commissioner Pomeroy added that if Mr. Schoenhardt charges rent or not, it doesn’t change the facts of approving the application.

Commissioner Peterson said that Mr. Schoenhardt’s promise not to charge rent will not carry over to the next homeowner.

Ms. Maribeth Peterson of 19 Pasture Lane said that she is concerned that a multifamily residence would cause traffic congestion. It’s possible that up to five people could live in the unit which would require more parking spaces. She is also concerned that this will have a negative impact on the properties in the neighborhood. 

Mr. Bill Rice of 6 Pasture Lane is a member of the Planning Commission for the town of Simsbury. He read out loud the letter written by his wife, Paula, which was previously submitted to the Commission. In summary, the letter indicates that Ms. Rice opposes the application due the possible negative impact that a rental property will have on the neighborhood and the value of their house.  In addition, her real estate agent said it would be a deterrent to the sale of their property.

Mr. Bill Rice of 6 Pasture Lane read out loud the letter written by Ms. Kim Pignone of 57 Westledge Road. The letter states that she opposes this application. She said that if there was a rental property on the street initially, her and her husband would not have moved there.  Rental properties lower the market value of our homes and, as a result, it becomes increasingly harder to sell. She added that if this is approved, then the next application for a multifamily unit will be approved. 

Mr. Kenneth Pignone of 57 Westledge Road said that his home is diagonally across from 7 Pasture Lane and opposes the application. Mr. Pignone said he is the owner and operator of Pignone Plumbing and Heating. He said that on March 20, 2014, upon completion of a service call at the Schoenhardt residence, he was asked to quote the cost for a second floor kitchen and laundry. When asked to the purpose, he was told by Mr. Schoenhardt, and he quotes, “In seven years my retirement funds will be depleted and we need to create a rental apartment to supplement income”.  Mr. Pignone submitted to the Commission a letter dated October 9, 2014 that the Schoenhardts distributed to selected individuals in the neighborhood.  The letter requests their support with a pre-written response.

Mr. Edward Pabich of 26 Woodchuck Hill Road said that he moved here 37 years ago and there are two rental apartments on his street along with three million dollar homes. He added that Mr. Schoenhardt is a gentleman and is good on his word. He strongly supports approval of the application.

Mr. Robert Kalechman of 971 Hopmeadow Street said that he opposes the application because he considers it “spot zoning”. He added that if this application is approved, then others will apply for multifamily homes.

Mr. T. J. Donohue, Jr. of 22 Country Club Drive said he has known the Schoenhardts for 40 years. He described Mr. Schoenhardt as an upstanding citizen. Mr. Donohue said he lives next door to a home with an accessory dwelling apartment it works terrific and he approves this application.

1. Commissioner Post moved to close the public hearing for Application #14-41 of Richard E. Shoenhardt, Owner, for a Special Exception.  The motion was seconded by Commissioner Peterson and was unanimously approved.

1.Commissioner Pomeroy moved to amend the agenda to vote on Application #14-41 of Richard E. Shoenhardt. Commissioner Ryan seconded the motion and was unanimously approved.

The Commission discussed in length the pros and cons of the application. Commissioner Ryan agrees with Mr. Donohue’s comments.  He thinks that if Mr. Schoenhardt said that the apartment was for a care taker, then the approval would be granted.

Commissioner Post said that having space added for a family member is understandable but not for a rental. He wouldn’t want it in his neighborhood. He understands the neighbors being concerned about who will rent the apartment after the Schoenhardts sell.

Commissioner Peterson said that he used to live next door to a rental house and it changed the characteristics of the neighborhood -- the trust value isn’t there.

Commissioner Gray doesn’t believe the Mr. Schoenhardt’s neighborhood will change since the property is well hidden.  He added that this is an example of why there is a Special Exception -- so people can stay in their homes. 

Commissioner Marecki said that his decision hasn’t changed since April. He would not want a multifamily home in his neighborhood.

Commissioner Pomeroy said that the decision of the Commission is not based on whether rent will be charged or not. The comments from the Commission reflect the importance of family; a neighborhood where people move to and plant to stay. The Special Exception regulations allow for the flexibility to have a caretaker to reside in an apartment. The key factor in a Special Exception is that the owner has to occupy the building.

Commissioner Ryan moved to approve Application #14-41 of Richard E. Shoenhardt, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on property located at 7 Pasture Lane (Map B09, Block 419, Lot 003). Zone R-40. (received 10/6/2014, public hearing must conclude by 11/24/2014).  The motion was seconded by Commissioner Gray. Commissioner Pomeroy voted in favor of the application. Commissioners Marecki, Peterson and Post voted against.  The vote is a tie, therefore the motion is denied.

2. Application #14-43 of Robin Vidito of Connecticut Children’s Medical Center, Agent for Marshall Epstein and Lynn Marshall, Owners, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a one-day event on the property located at 25 East Weatogue Street (Map H14, Block 108, Lot 003). Zone R-40. (received 10/6/2014, public hearing must conclude by 11/24/2014).

Ms. Robin Vidito of Connecticut Children’s Medical Center is requesting a liquor permit for a Celebrity Chef to Farm event to be held at Rosedale Farms.  This event wasn’t listed on the Farm to Table events that was previously approved by the Commission.

2. Commissioner Post moved to close the public hearing for Application #14-43 of Robin Vidito of Connecticut Children’s Medical Center. The motion was seconded by Commissioner Ryan and was unanimously approved.

Commissioner Pomeroy moved to amend the agenda to vote on Application #14-43 of Robin Vidito of Connecticut Children’s Medical Center. The motion was seconded by Commissioner Ryan and was unanimously approved.

Commissioner Ryan moved to approve Application #14-43 of Robin Vidito of Connecticut Children’s Medical Center, Agent for Marshall Epstein and Lynn Marshall, Owners, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a one-day event on the property located at 25 East Weatogue Street (Map H14, Block 108, Lot 003). Zone R-40. (received 10/6/2014, public hearing must conclude by 11/24/2014). The motion was seconded by Commissioner Pomeroy and was unanimously approved.

3. 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. 

Mr. Peter Alter of Alter & Pearson said that they prepared a response to staff’s comments from Mr. Hiram Peck dated September 30, 2014. He added that Ms. Robin Pearson was unable to attend the meeting.

Mr. Christopher Ferrero, Vice President of Fuss & O’Neill discussed the responses to Mr. Peck’s comments. He stressed the features of the project adding that thoughtful consideration was put into the design approach to include the following: protecting the roadside vistas, single family homes, offices, retail and restaurants, wildlife sanctuary and bike trail. Mr. Ferrero also added 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. He also added that the project follows Smart Growth principles.

The Commission asked Fuss & O’Neill and RKG Associates to discuss their responses item by item.

Mr. Lawrence Cranor Jr. of RKG Associates explained in detail to the Commission the information in the RKG Market Study that is dated Oct. 17, 2014.  According to the study, the demand for newly built or turnover apartment units in Simsbury is 175 units per year over the next five years, or 875 units in total. Mr. Cranor answered Commissioner Peterson’s question about “turnover units.  He said “turnover” pertains to the residents that moved into the units within the last five years. The 34 Hopmeadow project if built, represents about 20% of that five-year demand.  Currently, the Commission has approved the following housing projects:

Dorset Crossing: Eastpointe: 168 units

Specialty Housing (MS): 48

Powder Forest PAD: 272 units

Mr. Bill Crosskey form Crosskey Architects said that the buildings will be Energy Star certified, which is a program that is managed by Northeast Utilities.

Mr. T. J. Donohue of Killian & Donohue representing Infinity, LLC said that Simsbury is part of a bigger community so you can’t put a wall around the town. This development is attractive to those in Avon and Canton as well.

Mr. Alter said that the development targets young professionals that are not interested in owning a home because of the economics or they want to remain transient for employment purposes. In addition, the development also targets people that are downsizing or want to have roots in this community during the spring and summer months.

Mr. Randy Kolladis of CBRE Realty in Hartford said that this development will target the following types of commercial business:  general offices, medical offices, retail shops, smaller sized grocery stores and high-end restaurants or chain restaurants. The traffic on the street is too low for a large retail store.

Ms. Blatt commented on a study recently completed by the Town staff.  Simsbury is on the low end of gross rent costs.  Simsbury is around $1,000 per month for a one bedroom and West Hartford is approximately $1,100 per month. The Simsbury rent structure is similar to Blue Back Square in West Hartford.

Mr. Bruce Elliott of 21 Lincoln Lane asked why no one commented on the monitoring wells that he addressed in the last meeting. He stated that CL&P of 34 Hopmeadow Street appears on the “List of Contaminated or Potentially Contaminated Sites”.

Ms. Blatt stated that Mr. Peck looked into the matter and all monitoring wells are on CL&P property and are monitored on a continuous basis by CL&P.

Mr. Robert Kalechman of 971 Hopmeadow Street stated that he would like to see more affordable housing available in Simsbury.

Ms. Susan Elliott of 21 Lincoln Lane said that she understands that the property is commercially zoned but she is concerned that the view of the landscape will be gone forever and that this development will change Simsbury.  She is asking if this is the best use of the property. Ms. Elliott asked for the developer to consider solar panels on the housing and include sidewalks along RT 10 to connect to the development and even further areas if possible.

Mr. Anthony DiFatta, President of Ensign-Bickford Realty (EBR) said that rooftops are needed to drive commercial and retail businesses. He said that he is for bringing more housing into Simsbury but he is a little concerned about the density of apartments. It’s so dense, that some lanes are one way because there isn’t room for a two-way road. He is also concerned that tractor trailers delivering furniture might not have enough space for turning around. The design doesn’t have a village center feel to it and the plan could be refined a little more to incorporate more walk ability and connectivity -- similar to Weatogue, Simsbury Center and Dorset Crossing. He added that Avon Town Center is adding 396 apartments and 125,000 sq ft of commercial space. Master Plans are approved for these developments. Mr. DiFatta said that EBR does have a professional interest in these apartments and EBR is involved with the apartments being developed in Avon Town Center.

Mr. Mike Whitbeck of 92 Hilltop Drive said that he likes the development but is concerned about keeping the traditional look of RT 10 and that this development will cause the RT 10 to increase beyond two lanes.

Mr. Ferrero addressed some of the comments made by the public.

DEEP will continue to monitor the wells on the CL&P property.

Fuss & O’Neill has gone through a great effort to create a development that preserves the majestic views.

The developments at Avon Town Center are not part of Fuss & O’Neill’s market study.

Fuss & O’Neill will be happy to add sidewalks to the design.

3. Commissioner Post moved to close the public hearing for Application #14-37 of Robin Messier Pearson, Esq., for K & K Developers, Inc., Agent/Applicant. The motion was seconded by Commissioner Ryan and was unanimously approved.

VI. DISCUSSION AOF NEW AND ONGONG PROJECTS:

 Ms. Blatt said that Big Y continues to move forward.

VII. ADJOURNMENT:

Commissioner Ryan made a motion to adjourn the meeting at 9:50 P.M.  The motion was seconded by Commissioner Post and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk