Zoning Commission Minutes 11/18/2013 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM
ADOPTED MINUTES
NOVEMBER 18, 2013

I.  CALL TO ORDER

Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:00 P.M. on Monday, November 18, 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, Amy Salls, Edward Pabich, Gerald Post, Derek Peterson, Vaughn Marecki and Dave Ryan. Others in attendance included Hiram Peck, Director of Planning, and other interested parties.

II. APPOINTMENT OF ALTERNATES

All Commissioners were in attendance.  Commissioner Pomeroy stated for the record that Commissioners Pabich and Salls will be leaving and that their services were appreciated and they will be missed.

III. APPROVAL OF MINUTES

Minutes from October 21, 2013 Regular Meeting were unanimously approved.

IV. PUBLIC HEARING

1. Adoption of the modification to the Zoning Map to show the Tariffville Aquifer Protection Area.

Mr. Peck said that he recommends to the Commission that this area is included for adoption on the Zoning Map.

Commissioner Ryan moved to close the public hearing.  The motion was seconded by Commissioner Salls and was unanimously approved.

Commissioner Ryan made a motion to amend the agenda to consider the modifications to the Zoning Map to show the Tariffville Aquifer Protection Area. The motion was seconded by Commissioner Pabich and was unanimously approved.

Commissioner Post moved for approval of the modifications made to the Zoning Map to show the Tariffville Aquifer Protection Area. The motion was seconded by Commissioner Salls and was unanimously approved. 

V. 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. Peck said he revised and reviewed the staff report that he previously wrote on this application. The revised staff report is dated November 15, 2013.  There were a number of items that arose after the report was written. Mr. Peck is asking for the applicant to address those items.

Matthew Wittmer, Principal, Phase Zero Design, Inc., stated that some comments arose when the agency met with the Town Planner. Specifically, there was concern about the ADA walkway ramp. The new proposal shows the ramp removed. Other changes include significantly reducing the landscaping. Also, the concrete rosette will be partially covered since it is not removable from the building.  Mr. Wittmer stated that the applicant is asking the Commission to consider this application under the alternative compliance section of the Town Center Code as proposed construction does not comply with the requirements of the Code as to required building face setback.  In addition, Mr. Wittmer is asking for approval of the sign.

Mr. Wittmer addressed why the proposed design does not comply with the requirements of the building face setback code. He stated several reasons; there is an elm tree on the property that is in the way; unsuccessful additions have been added in the past; and the proposed design continues with the symmetry of the building.

Mr. Peck commented that the applicant should follow proper procedures and complete a sign application that can be reviewed.

Commissioner Ryan moved for approval of 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. The motion was seconded by Commissioner Fiske and was approved by majority vote with Commissioners Pabich and Salls opposed.

3. Application #13-47 of Dr. Kenneth Finn, Agent for Ruark Properties, LLC, Owner, for a Sign Permit for Kenneth R. Finn, DMD, on the property located at 530 Hopmeadow Street (Map G12, Block 132, Lot 026). Zone B-2.

The applicant is requesting approval of a sign that includes an image of a tooth above the name Kenneth R. Finn, DMD, to be displayed on the building next to the main entrance.  Secondly, the applicant is requesting approval for the phrase “Making Great Smiles Better Every Day” displayed in decals across three windows facing the parking lot.  The Commission recommends that the phrase be incorporated into the sign design that will be displayed on the building.

Commissioner Pabich moved for approval of Application #13-47 of Dr. Kenneth Finn, Agent for Ruark Properties, LLC, Owner, for a Sign Permit for Kenneth R. Finn, DMD, on the property located at 530 Hopmeadow Street (Map G12, Block 132, Lot 026). Zone B-2. The motion pertains to the sign on the building that includes the name Kenneth Finn DMD and the image of the tooth. The motion was seconded by Commissioner Fiske and was unanimously approved.

Commissioner Ryan moved for approval of Application #13-47 of Dr. Kenneth Finn, Agent for Ruark Properties, LLC, Owner, for a Sign Permit for Kenneth R. Finn, DMD, on the property located at 530 Hopmeadow Street (Map G12, Block 132, Lot 026). Zone B-2. The motion pertains to the window sign.  The motion was seconded by Commissioner Pabich and was unanimously opposed.

2. Informal discussion on redevelopment proposals on 132 Firetown Road.

Bill Ferrigno, Owner and Principal of Sunlight Construction of Avon, wants to repurpose the site into a duplex unit.

Jack Kemper of Kemper Associates of Farmington showed designs for the 1.1-acre property to include one duplex unit with two single units on the property.

The Commission strongly supports the duplex and two single-family homes on the property.

4. Discussion on Design Review Board members and appointment.

Commissioner Pomeroy stated that the Zoning Commission was requested by two Town committees to recommend nominees for the Design Review Board.  Available positions include six regular and up to three alternates. There were six people that volunteered and one alternate. With the help of the Town Attorney, the Commission suggested that half of the board be seated on a two-year term and the other half be seated on a four-year term.

Commissioner Pomeroy stated for the record that he wants to thank the current Design Review Board for all the hard work they have done. He also thanked Emil Dahlquist, Chairman of the Design Review Board, for his leadership “that has established criteria and standards for the town that we all definitely respect.”  It will be incumbent upon the new Zoning Commission, when it is seated, to work cooperatively and appropriately with the new Design Review Board so that we continue to work with the best interest of the Town.  The Commission looks forward to meeting the new people and working with them on a regular basis. 

Commissioner Post moved to accept the slate as presented for the Design Review Board members and appointments.  The motion was seconded by Commissioner Fiske and was unanimously approved.  

5. Proposed Meeting Schedule for 2014.

It was pointed out that the two dates listed in June are on Tuesdays instead of Mondays. The Commission adopts the schedule, subject to the change in June. An updated schedule will be sent to all Commissioners.

VII. ADJOURNMENT

Commissioner Pabich made a motion to adjourn the meeting at 8:27 P.M.  The motion was seconded by Commissioner Ryan and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk