Zoning Commission Minutes 11/16/2015

ZONING COMMISSION – REGULAR MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
NOVEMBER 16, 2015

I.  CALL TO ORDER
 

Commissioner Derek Peterson called the Regular Meeting for the Zoning Commission to order at 7:00 P.M. on Monday, November 16, 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, Gerald Post, Vaughn Marecki and Dave Ryan. Others in attendance included Mike Glidden, Assistant Town Planner, Robert DeCrescenzo, Town Attorney and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Peterson appointed Commissioner Battos for Commissioner Pomeroy.

Commissioner Ryan moved to amend the agenda to vote on the Design Review Board vacancy. Commissioner Gray seconded the motion and it was unanimously approved.

Commissioner Peterson stated that Mr. Jonathan Laschever, an alternate on the Design Review Board is applying for a full seat on the Board. It is the duty of the Zoning Commission to appoint the members of the Design Review Board.

Commissioner Ryan said that he has been a liaison on the Design Review Board for over two years and Mr. Laschever has been a valuable member of the Board.

Commissioner Ryan moved to approve the appointment of Jonathan Laschever to the Design Review Board for two years. Commissioner Gray seconded the motion and it was unanimously approved.

III. APPROVAL OF MINUTES

Changes to Minutes of Regular Meeting on October 19, 2015 are as follows:

Page 5, Line 223: Replace the word “required” with “requested”.

The minutes were unanimously consented as submitted with changes.

IV. 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 02/23/2015. Zones SC-1 and SC-3.

Mr. Bill Crosskey of Crosskey Architects said that the Zoning Commission approved 38 units on the property earlier this year, which included seven units in the mansion and 31 units in two new buildings.  After doing a little more research on the design and market, they realized a need to offer more one-bedroom units.  The new design proposes an increase from 31 units to 41 units.

Mr. Crosskey said that the new plan is to divide in half 10 bedroom units located on the first floor. Therefore, a section of one-bedroom units face the mansion and the other section faces the perimeter of the site. He added that there will be no changes in the footprint of the building or parking spaces.  In response to Commissioner Cosgrove’s question, the proposed changes require 71 parking spaces and the original design included 78 spaces.  Answering Commissioner Peterson’s question, Mr. Crosskey provided the following breakdown of units:

Original plan:

 2 – 1 BR in the mansion

19 – 2 BR flats

16 – 2 BR town houses

1 – 3 BR town house

New design proposes:

22 – 1 BR

25 – 2-BR

1 – 3 BR

Mr. Crosskey added that all units are the property remains apartments or town houses as originally proposed.

V. PUBLIC HEARING(s)

The following applications were discussed simultaneously:

1. 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 opened 10/19/2015; public hearing must close by  11/23/2015)

2. 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 opened 10/19/2015; public hearing must close by  11/23/2015).

Commissioner Peterson stated that the Commission will continue with the public hearing from October 19, 2015. The Commission granted intervener status to Tall Wood Hollow Properties and Shelly Perron and has received correspondence from the applicant and engineering firm on behalf of the applicant.  He would like for each party to discuss the information provided.

Mr. William Case of Case & Case, PC is representing Jeremy Vearil / Tall Wood Hollow Properties, LLC and Shelly Perron.  He proceeded to introduce Mr. George Logan, Environmental and Wetlands Scientist who will testify why this site cannot support the density being proposed. Also, Mr. Jeffry Gebrian, Land Planner Consultant, will discuss how the application will change the fundamental character of Simsbury.

Mr. Lewis Wise, Partner at Rogin Nassau, LLC and representing applicant Royce Palmer, made a Point of Order. He said that the only evidence that Environmental Intervener can present is environmental evidence in support of their petition. He objects to anyone else presenting.

Robert DeCrescenzo, Town Attorney said that the environmental petition alleges that the activity proposed by the applicant is reasonably likely to unreasonably pollute the air, water and natural resources of the State of Connecticut. The Commission granted the petition to allow evidence on that basis.  For the intervention petition, counsel is correct. The evidence is limited to those areas that impact the environmental condition of the property.  After hearing the intervention petition and rebuttal, then these gentlemen on behalf on their clients, and are presumably residents of Simsbury, should have the opportunity to present non-environmental evidence that they choose.

Mr. George Logan, Certified Senior Ecologist and Professional Wetland Scientist/Registered Soil Scientist with REMA Ecological Services in Manchester, Connecticut, read from his letter dated October 6, 2015 addressed to Mr. William Case, Esq.  Mr. Logan stated that there are four natural resource categories that would be adversely affected by the R-40 WHOZ zone.  Mr. Logan discussed in detail the following: 1) Risk of soil erosion and sedimentation during construction. 2) A substantial higher volume of water would be generated. 3) Untreated or minimally treated storm water runoff would be discharged off-site to degrade surface waters, including watercourse and wetlands.  4) Impacts upon natural areas and listed species due to the acres of land that would be clear-cut and graded. Many trees on the site are 90-100 years in age.

Mr. Andrew Quirk, Professional Engineer at Kratzert, Jones & Associates responded to each category addressed Mr. Logan’s report. Mr. Quirk read from his letter dated November 9, 2015 addressed to the Simsbury Zoning Commission.  He said that the applicant has agreed to a restrictive roadway phased construction separate from housing development to reduce the amount of soil exposure and erosion. He added that the storm water management system has been designed in proportion to the development according to the Town’s requirements and approved by the Town Engineer. In response the Mr. Logan’s comment on endangered species, the applicant will work with the DEEP as necessary if the property is a Natural Diversity Database (NDDB) area.

Mr. Lewis Wise stated that the storm water drainage exceeds the standards as insisted by Town Engineer prior to his approval. Mr. Wise also added that there is no evidence that there are endangered species. Also, regulations don’t prohibit cutting trees unless it’s a wetland area. In addition, Mr. Wise stated that Mr. Logan’s report didn’t quantify any impacts.  There is no evidence that the development will cause harm to the natural resources.

Mr. George Logan responded to Mr. Wise stating that he is not specifically required to quantify the impact. It is in his professional opinion that it is reasonably likely that there will be a reasonable impact. If you have extra volume of water or pollution it will have an impact on the environment.   

Mr. Lewis Wise responded again stating that the impact has to been shown to be unreasonable and cause environmental damage. That’s why quantification is required.

Commissioner Peterson said that the public may comment specifically to the environmental intervener petition.

Comments from the public audience...

Mr. Robert Kalechman of 971 Hopmeadow Street said he is frustrated that he hasn’t seen the facts, only hearsay.

Mr. Bob Beinstein of 26 Fairview Street said he disagrees with Mr. Quirk’s comment that if we construct this densely development now then another one won’t be developed.  He also commented that a 25-year storm is a statistic. The frequency and intensity of storms are increasing as the climate alters and the 25-year statistic is based on historical information.

Mr. Joe Lynch of 13 Morning Drive said that excess water is being directed into Avon. He is wondering if Avon has been consulted.

Ms. Susie Norman of 11 Elliot Drive is concerned about the placement of snow from the development that the plows remove.  She asked if the snow is going to be piled on street corners blocking the view of motorists.

Commissioner Ryan moved to close the intervener petition hearing and continue with the public hearing for Applications #15-24 and #15-25 of Royce Palmer, Owner; Mansour Prime LLC, Applicant. Commissioner Gray seconded the motion and it was unanimously approved.

Commissioner Peterson continued with the public hearing for Applications #15-24 and #15-25 of Royce Palmer, Owner; Mansour Prime, LLC.

Ms. Joan Coe of 26 Whitcomb Drive said this application only benefits the developer with increased density under the guise of affordable housing.  There are many homes in Simsbury that are below the threshold $279,000. Ms. Coe added that several years ago, Simsbury residents supported paying money to Flamig, Tolmeadow, Hall and Rosedale farms in addition to Ethel Walker property to reduce development. Ms. Coe doesn’t support this application and asks the Commission deny a zone change that will increase development.  

Mr. Albert D’Agusto of 35 Northgate said the scale and size of the development does not measure in consistency and conformity of surrounding properties. He suggests reducing the development to a third of its size. He asks the Commission not to approve the application and refer it back to developer. 

Mr. Jeffrey Gebrian, Landscape Architect and Land Design Consultant and a resident of Simsbury. He is representing the applicant Jeremy Vearil.  Mr. Gebrian showed a concept layout map for an R-40 subdivision.  

Mr. William Case, Law Firm of Case & Case, P.C. said that rejecting this application will send the right message to future developers to bring these types of proposals to areas that can support the density and not destroy the integrity of the residential neighborhoods. He added that the Commission should note that none of the residents who have spoken are in favor of this application.

Mr. Jeremy Vearil of 82 Climax Road rejects this application as improper and not in keeping with the Town’s Plan of Conservation Development. The gain will only result in 1.5 units against the 800+ needed to satisfy the 10% of affordable requirements.  The town will need to build 8,000 new homes with 20% being affordable housing to meet the goal.  He suggests that we use existing housing to meet the affordable housing mandate.

Mr. Chuck Miner of 39 Sunset Hill Road said that the affordable housing aspect is not a reason to build this development that will destroy the character of the town.

Mr. Robert Kalechman of 971 Hopmeadow Street said there is more conservation information that hasn’t been discussed and recommends consulting the Conservation Commission/Inland Wetlands & Watercourse.

Mr. Anthony Nash of 76 Climax said he lives next to the proposed development and wonders how the applicant would like 15 houses built in their backyard. He is against the application.

Mr. Bob Beinstein of 26 Fariview Street said this is a misapplied application and asks the Commission to rethink the zone because it’s inappropriate and will lead to future problems.

Ms. Shelly Perron of 37 Tall Wood Hollow said that affordable housing and high density development leads to future problems. It’s an ambiguous implementation that can only profit the developers.

Mr. Lewis Wise, Partner at Rogin Nassau stated for the record the most recent data of affordable housing in Connecticut. There are 169 towns in Connecticut and 31 towns meet the 10% standard of the State statute. That leaves 138 towns that do not meet the requirement. According to Simsbury’s 2010 census, there are a total of 9,123 housing units and 3.53% are officially affordable.   Mr. Wise responded to Attorney Case’s letter and quoted from the Plan of Conservation Development (POCD). He said that there is nothing in the POCD that limits where affordable housing is built. Mr. Lewis added that he doesn’t think this development will destroy any surrounding areas.  

Commissioner Ryan move to close the public hearing for Applications #15-24 and #15-25 of Royce Palmer, Owner; Mansour Prime LLC, Applicant. Commissioner Gray seconded the motion and it was unanimously approved.

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

1. 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 closed 10/19/2015; decision must be rendered by 12/23/2015).

2. 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 closed 10/19/2015; decision must be rendered by 12/23/2015).

3. 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 closed 10/19/2015; decision must be rendered by 12/23/2015).

4. Application #15-30 of Girard Brothers Corporation, Owner; Sunlight Construction, Inc., Applicant; for a Site Plan Approval 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; decision must be rendered by 11/25/2015).

5. 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 closed 10/19/2015; decision must be rendered by 12/23/2015).

6. 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 closed 10/19/2015; decision must be rendered by 12/23/2015).

7. 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 closed 10/19/2015; decision must be rendered by 12/23/2015).

Application #15-34 of Condev Associates, LLC, Owner; Sunlight Construction, Inc., Applicant; for a Site Plan Approval on the property located at 22 Hoskins Road (Assessor’s Map H05, Block 403, Lot 021). Zone I-1. (received 09/21/2015; decision must be rendered by 11/25/2015).

Application #15-39 of LADA, P.C. Land Planners, Consultant; EAY Properties, LLC, Owner; for a Site Plan Amendment for an addition to the existing building on the property located at 532 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 027). Zone B2. (received 10/19/2015; decision must be rendered by 12/23/2015).

Mr. Glidden suggested to Commissioner Peterson to select a date for a Special Meeting to vote on the workforce housing applications.

Commissioner Ryan moved to hold a Special Meeting on November 30, 2015 at 7:00 P.M. at Eno Memorial Hall to vote on the workforce housing applications for Hoskins Road and Climax Drive.  The motion was seconded by Commissioner Gray and was unanimously approved.

VII. CONSENT ITEMS

Commissioner Ryan moved to amend the agenda to included Application #15-39 listed under Section VI, Item 9 to Section VII, Item 2. The motion was seconded by Commissioner Gray and was unanimously approved.

1. Application #15-37 of Steven Walker, GPF-Drake-Hill LLC, Owner for a Site Plan Amendment on the property located at 710 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001+2P. Zone SC-1. (received 9/21/2015; decision must be rendered by 11/25/2015)

Mr. Glidden stated that the Design Review Board approved the modification of the sign for Drake Hill Mall and recommended that Town Administration continues handling the process instead of the applicant appearing before the Zoning Commission. The Commission disagreed with the design and wants the applicant to attend the meeting on December 7, 2015 to discuss the sign.

2. Application #15-39 of LADA, PC. Land Planners, Consultant; EAY Properties, LLC, Owner; for a Site Plan Amendment for an addition to the existing building on the property located at 532 Hopmeadow Street (Assessor’s Map G-12, Block 132, Lot 027). Zone B2. (received 10/19/2015; decision must be rendered by 12/23/2015).

Mr. Glidden stated that the applicant is building an addition for a walk-in freezer for Meadows Restaurant. 

Commissioner Ryan moved to approve Application #15-39 of LADA, PC. Land Planners, Consultant; EAY Properties, LLC, Owner; for a Site Plan Amendment for an addition to the existing building on the property located at 532 Hopmeadow Street (Assessor’s Map G-12, Block 132, Lot 027). Zone B2. (received 10/19/2015; decision must be rendered by 12/23/2015). The motion was seconded by Commissioner Peterson and was unanimously approved.

IX. ADJOURNMENT

Commissioner Ryan made a motion to adjourn the meeting at 9:30 P.M.  The motion was seconded by Commissioner Gray and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk