Zoning Commission Minutes 11/30/2015 SPECIAL MEETING

Meeting date:

Monday, November 30, 2015

ZONING COMMISSION – SPECIAL MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
NOVEMBER 30, 2015

I. CALL TO ORDER

Commissioner Robert Pomeroy called the Special Meeting for the Zoning Commission to order at 7:05 P.M. on Monday, November 30, 2015 in the Auditorium of Eno Hall at 754 Hopmeadow Street, Simsbury, CT. The following members were present: Ed Cosgrove, Kevin Gray, Gerald Post, Jackie Battos, Derek Peterson, Vaughn Marecki, Dave Ryan and Mike Doyle. Others in attendance included Jamie Rabbit, Planning Director, Mike Glidden, Assistant Town Planner, Robert DeCrescenzo, Town Attorney and other interested parties.

II. APPOINTMENT OF ALTERNATES

All members were present. No alternates appointed.

III. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDEING:

For the record, Commissioner Pomeroy stated that he watched the Regular Meeting of the Zoning Commission held on November 16, 2015 on Simsbury Community Television and read all documentation submitted.

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 closed 11/16/2015; decision must be rendered by 12/21/2015)

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 closed 11/16/2015; decision must be rendered by 12/21/2015; site plan approval granted an extension: decision must be rendered by 01/29/2016)

1. Commissioner Ryan moved to approve 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. Commissioner Post seconded motion for purposes of discussion.

Applications #15-24 and #15-25 were discussed simultaneously among the Commission members. Concerns included that the applicant misinterpreted the POCD. The density and location of the development were not consistent with the character of the town. Other comments included that the Planning Commission denied referral of the applications and a large portion of community opposed the development.

Commissioner Pomeroy asked for a vote on Application #15-24. The Commission members unanimously opposed a Zone Change. The Application was denied.

2. Commissioner Ryan moved to deny approval of 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. The motion was seconded by Commissioner Post and was unanimously approved. The Application for a Special Exception was denied.

Mr. Robert DeCrescenzo, Town Attorney, stated that the Commission needs to vote if the Intervener met the conditions that the applicant is reasonably likely to unreasonably pollute the air, water and natural resources of the site.

Commissioner Pomeroy made a motion that the Environmental Intervener petition of Application #15-25 did not sufficiently prove that the activity proposed by the applicant is reasonably likely to unreasonably pollute the air, water and natural resources of the site. The motion was seconded by Commissioner Peterson and was unanimously approved. The Intervener petition was denied.

For the record, Mr. Mike Glidden, Assistant Town Planner, distributed two documents to the Commissioners and applicant regarding comments from Town Staff. The documents provide a breakdown of the Zone Change and Special Exception. The following documents are attached and referenced in the motions below:

Attachment B - referencing Applications #15-28, #15-29 and #15-30

Attachment B - referencing Applications #15-32, #15-33 and #15-34

Applications #15-27 and #15-31 were discussed and voted simultaneously.

3. 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)

7. 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)

3&7. Commissioner Ryan moved to approve Applications #15-27 and #15-31 for a Zone Change from I-1 to WHOZ on the property located at 42, 54 and 22 Hoskins Road. The motion was seconded by Commissioner Gray.

The Commissioners discussed the applications at length. Comments included concern about the safety issues of the ingress and egress points, unpaved and gated emergency exit, lack of sidewalk designs and the traffic study missing important safety components. Other concerns included affordable houses in town priced lower than those proposed in the application.

Mr. Jamie Rabbit, Planning Director, stated that the affordability plan submitted by the applicant did not include the market rate for the single family units, duplexes or apartments. Mr. DeCrescenzo stated that at the first public hearing the complete lack of the affordability plan was raised with the applicant. The information submitted by the applicant did not meet the criteria of State Regulation for 8-30G. The submission lacked required elements such as financials, narrative, schematic plan and identification of the affordable units.

Commissioner Pomeroy asked for a vote on Applications #15-27 and #15-31. Commissioners Pomeroy, Gray, Ryan and Marecki voted in favor of the Zone Change. Commissioners Post and Peterson opposed. The Zone Change passed 4-2.

The motion for Applications #15-27 and #15-31 were amended to include the receipt of a complete Affordability Plan from the Applicant by December 7, 2015. Commissioners Pomeroy, Gray, Ryan and Marecki voted in favor of the Zone Change. Commissioners Post and Peterson opposed. The Zone Change passed 4-2.

4. 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).

5. 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).

8. 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).

9. 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).

Commissioner Pomeroy moved to discuss and vote on Applications #15-28, #15-29, #15-32, and #15-33 simultaneously for a Special Exception. The motion was seconded by Commissioner Gray and was unanimously approved.

4, 5, 8 & 9. Commissioner Pomeroy moved to approve Applications #15-28, #15-29, #15-32 and #15-33 for a Special Exception of a Workforce Housing Overlay Zone on the properties located at 42, 54 and 22 Hoskins Road. The motion included no changes to the gated driveway (graveled, not paved) and subject to all conditions listed in Attachment B, pages 3b, 4b and 5b submitted by Town staff to the Commission and Applicant dated November 30, 2015. The conditions must be met and approved by Town Staff prior to filing mylars on the land records. The motion was seconded by Commissioner Gray. Commissioners Pomeroy, Gray and Ryan voted in favor of the Special Exception. Commissioners Peterson, Post and Marecki opposed. The vote was a tie at 3-3. The motion was denied.

Commissioner Pomeroy moved to approve Applications #15-28, #15-29, #15-32 and #15-33 for a Special Exception of a Workforce Housing Overlay Zone on the properties located at 42, 54 and 22 Hoskins Road. The motion included paving the gated driveway and is based upon approval of the Zoning Commission and subject to all conditions listed in Attachment B, pages 3b, 4b and 5b submitted by Town staff to the Commission and Applicant dated November 30, 2015. The motion was seconded by Commissioner Ryan. Commissioners Pomeroy, Gray, Post and Ryan voted in favor of the Special Exception. Commissioners Peterson and Marecki opposed. The Special Exception passed 4-2.

6. 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; extension granted: decision must be rendered by 1/29/2016)

10. 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; extension granted: decision must be rendered by 1/29/2016)

Applications #15-30 and #15-34 were voted on simultaneously.

6&10. Commissioner Ryan moved to approve Applications #15-30 and #15-34 for a Site Plan Approval on the properties located at 42, 54 and 22 Hoskins Road. The motion is subject to all conditions listed in Attachment B, pages 3b, 4b and 5b submitted by Town staff to the Commission and Applicant dated November 30, 2015. The applications are subject to the same conditions as outlined in the Special Exception and must be approved by Town Staff prior to filing mylars. The motion was seconded by Commissioner Gray. Commissioners Pomeroy, Gray, Post and Ryan voted in favor of the Site Plan. Commissioner Peterson opposed. The Site Plan passed 5-1.

IV. ADJOURNMENT

Commissioner Ryan made a motion to adjourn the meeting at 8:20 P.M. The motion was seconded by Commissioner Pomeroy and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk

ATTACHMENTS:

Attachment “B”

Town of Simsbury

Zoning Commission

Application # ZC 15-28, ZC 15-29, and ZC 15-30

Owner: Girard Brothers Corporation

Applicant: Sunlight Construction Inc.

Property Address: 42 and 54 Hoskins Road (Assessor’s Map, H05 Block 404, Lot 005)

Public Hearing Dates: 9/21/2015 & 10/05/2015

Description of Request

The applicant has made an application to the Simsbury Zoning Commission pursuant to Zoning Regulations Article 10 N3 and Article 10 N 6. The special permit and zone change is required for development of an 89 residential unit development pursuant to the Work Force Overlay District. Eighty-eight (88) residential units will be constructed and the existing residence at 22 Hoskins Road will remain for the total of 89 residential units. 18 of the proposed 89 units will be designated as “affordable” with the remaining 71 units being market rate.

Background

The subject parcel is located within an I-1 Zoning District. The parcel is 16.85acres in size. One residential home is located at the north western corner of the property. Residential uses are not permitted in the existing underlying Zoning District (I-1). The property has been historically used as a sand and gravel pit.

Pursuant to Article 10 N of the Zoning Regulation, the development will provide affordable residential units as defined in Article 10 N 7 of the Simsbury Zoning Regulations. 20% of each housing stock will be considered “affordable”. “Affordable” units will be deed restricted for a period of 30 years. This restriction will apply to residential units which are either sold or rental. A total of 18 units within the development will be set as “affordable”.

The Commission has considered the 4 standards contained in Article 10N 6 for criteria of granting a special permit to the Dimensional Standards:

Article 10 N6 1 -Facilitate the creation of housing opportunities as provided in this Section.

The development will be providing a neighborhood which contains 3 distinct housing opportunities of which 20% will be considered “affordable” as defined by this Section and 8-30g of State Statutes.

Article 10N6 2- Address on-site constraints or protect important resources.

A steep slope exists along the western property line. Due to presence of said grade changes, developable area is shifted and relief to applicable setbacks is appropriate.

Article 10N6 3 – Enhance the development and/or surrounding neighborhoods.

The clustering of the development will create a village neighborhood feel which is intended by this Section.

Article 10N6 4- Be consistent with the setbacks of nearby buildings.

The building setbacks as presented are similar to adjacent existing structures.

The Commission has considered the special findings contained in Article 7 C 10 for criteria of granting a special exception in a residential zoning district:

Article 7C10a - The need for the proposed use in the proposed location.

The underlying zoning district does not permit residential uses however the adjacent properties are all residential homes. The development will provide “affordable” units as defined by 8-30g of General State Statutes and Article 10 N7 of the Zoning Regulations. Simsbury does not meet the 10% requirement of affordable housing as defined in 8-30g of General State Statutes. This development will increase the overall number of “Affordable” residential units in Simsbury from the existing 3.5%.

Article7C10b – The existing and future character of the neighborhood in which the use is to be located.

The subject property is surrounded by single family residences to the south, a multi-family (apartment development) to the east, and open space to the north. The construction of the development would be consistent to the surrounding land use patterns.

Article7C10c- The location of main and accessory buildings in relation to one another.

The placement of the buildings within the development is to create a community feel to individuals residing within the development. Buildings have been placed in ways to prevent clustering of view shed of the development.

Article7C10d – The height and bulk of buildings in relation to other structures in the vicinity.

The detached single family residences will be similar in height to other single family residences in the area.

Article7C10e – Traffic circulation within the site, amount, location, and access to parking, traffic load or possible circulation problems on existing streets.

The development will be served by a private road which will be maintained by a home owners association. The private roadway intersects Hoskins Road. According to the applicant’s traffic engineer, no circulation and/or traffic load problems are anticipated in association with the construction of this development. The appropriate traffic safety manners were considered by the traffic engineer when developing a flow pattern throughout the development. A secondary entrance is proposed for emergency access to the development at the southwestern corner of the parcel.

Article7C10f – Availability of water to the site and adequate sewage and storm water.

The development will be served by public sewer and water service. Per Simsbury WPCA, appropriate sewer service allotments are available at the site. Low Impact development features are proposed to handle storm water from site development. Proposed storm water system will handle up to the 100 year storm event. Overflow connection to public drainage system has been proposed in case of system failure.

Article7C10g- Location and type of display signs and lighting, loading zone, and landscaping.

No signage was proposed with the development. If signage is required for development identification purposes, Applicant will need to apply for site plan approval for signage separate from the special exception approval. Applicant’s landscaping plan provides for significant amount of plantings within the site and street trees.

Article7C10h – Safeguards to protect adjacent property and the neighborhood in general from development.

The applicant has provided an extensive landscaping plan to provide screening of proposed buildings and development. Retaining walls are proposed along portions of the project’s exterior which will provide additional screening of the proposed buildings.

The Commission has considered the special findings contained in Article 10 N 9 for criteria of granting a special exception.

The application was forwarded to the Design Review Board at their 9/21/2015 and 10/5/2015 regular meetings. On 10/5/2015, the Design Review Board issued a positive referral to the Zoning Commission for the Proposal with the following recommendations:

The roof peak for the Apartment Building would be lowered.

Roofing material colors would be mixed throughout the development. In the Single Family residence, adjacent residences will not have the same roof color and a mix of materials will be used in order to provide a distinction between units.

The Commission has considered in granting the special exceptions the following conditions pursuant to Article 5J 3, 4, 5, 6, and 7 of the Simsbury Zoning Regulations:

Final Plans shall include the following modifications:

Applicable professional stamps and signatures

Revision dates referenced

Elevations at the top and bottom of proposed retaining walls

Relocate plantings which are in conflict with proposed utilities

Proposed Roadway labeled as a “private road”

Layout plan for pedestrian access along Ely Place or Hoskins Road; reviewed and approved by the Town Engineer and Town Planner

A distribution plan for location of the “affordable” units and a submission of housing affordability plan per 8-30g of Connecticut General State Statutes.

A note indicated that the home owners association is responsible for maintaining the roadway and storm water management system.

Landscaping plan to be finalized with specific location, quantities, and exact species which are proposed to be planted throughout the development.

All administrative and plans comments outlined in Memorandum dated 10/20/2015 from J. Shea Town Engineer shall be incorporated in the final plans.

Any plan details concerning proposed sewers which are identified by A. Piazza of the Simsbury WPCA as needed to be revised.

Correspondence from A. Piazza concerning sewer allotment for the subject parcel shall be attached to the final mylar.

Fire hydrant locations as approved by the Simsbury Fire District shall be shown on the final plans.

In addition to the above the following items shall also be incorporated:

All conditions of Erosion and Sediment Control Plan Approval by the Conservation Commission shall be considered conditions of approval of the Zoning Commission’s approval for the Special Exceptions.

Additional landscaping to be provided along the eastern property line with Ely Place Apartments. Additional landscaping to be shall be reviewed and approved by Town Planner.

The deed restricted units must be constructed before the market rated units in keeping appropriate proportions.

Overflow drainage connections to public drainage structures shall be reviewed and approved by the Director of Public Works.

Copy of the CTDEEP General Storm Water Permit/Construction Permit shall be presented to town Staff prior to construction activities.

A Pre-Construction meeting will be required with appropriate town staff prior to the start of construction activities and/or grading activities.

Building Design and Materials were approved and determined appropriate by the Design Review Board. Changes to architectural plans require review by the Design Review Board.

No certificated of occupancy shall be issued until all storm water features ( rain gardens; subsurface storage system; and storm water basin) shall be completed and certified by Design Engineer.

The applicant indicated pedestrian access shall be provided along either Hoskins Road or Ely Place. Alternative access to sidewalks along either public road will require a site plan amendment approval by the Zoning Commission.

Recommendations from Design Review Board concerning lowering the roof height of the multifamily buildings and differing of roofing materials for the detached residences are considered to be conditions of approval by the Zoning Commission.

No building permit shall be issued until re-grading of slope is completed.

Erosion and Sedimentation will be required for project.

A financial security for erosion and sediment controls including but not limited to stabilization will be required specifically for re-grading of slope along the western property line.

Minor field adjustment to grading, underground utilities, and landscaping may be made based on field conditions upon written approval from the Director of Planning, who has been given authority on behalf of the Town’s Zoning Commission to act on their behalf. The Director of Planning cannot approve change that jeopardizes the integrity of the original design (approved plans).

Final as-built for the project shall be submitted to the Town of Simsbury. This as-built shall include be not limited to final topography, limits of disturbance, location and inverts for storm water drainage and sewer lines, water lines (including meter pits) gas line location, electrical line and final boundary plan.

The emergency vehicle access road shall be paved with Bituminous concrete per main access specification at a width of 16 ft without curbs.

Furthermore the applicant shall provide the following information/documents prior to filing of mylars on the Land Records:

Proposed Language for deed restrictions for the “affordable” units shall be provided and reviewed by the Town Attorney. Said deed restrictions language must be approved prior to filing of mylars.

A financial statement concerning affordable unit determinations needs to be illustrated on the plan.

Statement concerning re-sale formula for “affordable” units

A waiver reviewed by Town Staff and approved by Counsel indemnifying the Town of Simsbury in event of the failure of the private storm drainage system shall be filed on the Land Records and attached to the final mylar.

Based upon the criteria, findings, and conditions, the Board hereby approves Applications ZC 15-28, ZC 15-29, and ZC 15-30.

Chairman of Simsbury Zoning Commission Date

-----------------------------------------------------------

Attachment “B”

Town of Simsbury

Zoning Commission

Application # ZC 15-32, ZC 15-33, ZC 15-34

Owner: Condev Associates

Applicant: Sunlight Construction Inc.

Property Address: 22 Hoskins Road (Assessor’s Map, H05 Block 403, Lot 021)

Public Hearing Dates: 10/05/2015 & 10/19/2015

Description of Request

Background

The subject parcel is located within an I-1 Zoning District. The parcel is 11.66acres in size. One residential home is located on the property. Residential uses are not permitted in the underlying zoning district. The subject property abuts the Ely Place Apartment Complex to the East