Zoning Commission Minutes 12/02/2013 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

DRAFT MINUTES
DECEMBER 2, 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, December 2, 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, Kevin Gray, Will Fiske, Derek Peterson, Vaughan Marecki and Dave Ryan. Others in attendance included Hiram Peck, Director of Planning, and other interested parties.

Commissioner Pomeroy welcomed newly-elected Commissioner Gray and congratulated Commissioner Peterson on his new position as a regular Committee member. Commissioner Peterson previously served as an alternate.

Commissioner Pomeroy opened the floor to nominations for Chairman and Secretary.

Commissioner Will Fiske nominated Commissioner Pomeroy as Chairman. The motion was seconded by Commissioner Peterson.

Commissioner Ryan moved to close the nominations. The motion was seconded by Commissioner Fiske. The Commission unanimously approved Commissioner Pomeroy as Chairman.

Commissioner Pomeroy nominated Commissioner Fiske as Secretary. Commissioner Ryan moved to close the nominations. The motion was seconded by Commissioner Marecki. The Commission unanimously approved Commissioner Fiske as Secretary.

II. APPOINTMENTS OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Marecki for Commissioner Post. 

III. APPROVAL OF MINUTES

Commissioner Ryan requested the word “unanimously” in line 73 be removed. Minutes from November 18, 2013 Regular Meeting were unanimously approved with the suggested change.

IV. APPROVAL OF CODE ENFORCEMENT / ZONING ENFORCEMENT OFFICER

1. Appointment of Michael Glidden as Code Enforcement / Zoning Enforcement Officer and Howard Beach as Assistant Zoning Enforcement Officer. 

Mr. Peck provided background information and a copy of Mr. Glidden’s resume to the Commission. Mr. Peck stated that Mr. Glidden has worked as a certified Zoning Enforcement Officer throughout the state and is doing a commendable job since being hired by the Town.  Mr. Peck also indicated that a report will be provided to the Zoning Commission by Mr. Glidden on a monthly basis so that the Commission will have an understanding of the status of his activities. Mr. Peck highly recommends Mr. Glidden be appointed by the Commission and explained that an appointment is necessary in the event Mr. Glidden has to appear in court.

Commissioner Peterson moved for approval of the Appointment of Michael Glidden as Code Enforcement / Zoning Enforcement Officer and Howard Beach as Assistant Zoning Enforcement Officer.  The motion was seconded by Commissioner Fiske and was unanimously approved. 

Commissioner Pomeroy welcomed members of the Design Review Board seated in the audience and extended a special thank you to the new members that volunteered to be on the board.  Commissioner Pomeroy stated that the Commission looks forward to being as helpful as possible to the Design Review Board, with the goal of working actively and cooperatively together in serving the community.

Commissioner Pomeroy added that Commissioner Ryan has volunteered to attend, on an informal basis, the Design Review Board meetings in order to establish a better flow of information and welcomed the Design Review Board members to attend the Zoning Commission meetings.

V. PUBLIC HEARING

Commissioner Pomeroy opened the floor to the public

1. Application #13-50 Duane Doot, Agent for Robert and Julie Kevorkian, Owners, for a Special Exception pursuant to Article Seven, Section C.9, of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 484 Firetown Road (Map D03, Block 202, Lot 005). Zone R-80.

Mr. Peck stated that the application meets the requirements of regulations. Staff had no further comments and provided their recommendation.

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

Commissioner Pomeroy moved to amend the agenda to vote on the proposition.

Commissioner Ryan moved for approval of Application #13-50 Duane Doot, Agent for Robert and Julie Kevorkian, Owners, for a Special Exception pursuant to Article Seven, Section C.9, of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 484 Firetown Road (Map D03, Block 202, Lot 005). Zone R-80. The motion was seconded by Commissioner Peterson and was approved. Commissioner Gray abstained, due to not having the information pertaining to the application.

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

1. Application #13-49 of Marc Lubetkin, Agent for RSP-Simsbury, LLC, Owner for a Site Plan Amendment for the expansion of Red Stone Pub on the Property located at 10 Jim Gallagher Way (formerly known as 10 Mall Way) (Map G10, Block 227, Lot 001A+RR). Zone SC-3.

Commissioner Pomeroy stated that this application has been postponed until the next meeting.

2. Application #13-53 of Thomas W. Fahey, Jr., Agent for Dorset Crossing, LLC, Owner, requesting an extension for filling the PAD Zone Change Map for Dorset Crossing on the property formerly known as 1507 Hopmeadow Street (Map H04, Block 403, Lot 013A), 1515 Hopmeadow Street (Map H04, Block 403, Lot 013A), and 1519 Hopmeadow Street (H04, Block 403, Lot 013B), now known as 10, 30 & 55 Dorset Crossing Drive and 100, 115 & 130 Casterbridge Crossing, Lot E Open Space, Dorset Crossing Drive, and Casterbridge Crossing. Zone PAD.

Mr. Thomas Fahey, Jr. of Fahey & Landolina, Attorneys LLC, stated that while preparing for the closing of Dorset Crossing lots B & C, Mr. Fahey’s agency learned that a late map filing created a technical defect to the PAD Zone change and Master Development Plan approval. Mr. Fahey is requesting an extension of time for filing the PAD Zone Change Map.

Commissioner Ryan moved to approve an extension to January 31, 2014 for Application #13-53 of Thomas W. Fahey, Jr., Agent for Dorset Crossing, LLC, Owner, requesting an extension for filling the PAD Zone Change Map for Dorset Crossing on the property formerly known as 1507 Hopmeadow Street (Map H04, Block 403, Lot 013A), 1515 Hopmeadow Street (Map H04, Block 403, Lot 013A), and 1519 Hopmeadow Street (H04, Block 403, Lot 013B), now known as 10, 30 & 55 Dorset Crossing Drive and 100, 115 & 130 Casterbridge Crossing, Lot E Open Space, Dorset Crossing Drive, and Casterbridge Crossing. Zone PAD. The motion was seconded by Commissioner Fiske and was unanimously approved.

3. Informal presentation by Ensign-Bickford Realty Corporation discussing a proposed zone change to PAD on land bordering on Power Forest Drive.

Mr. Gus Jasminski of Ensign-Bickford Realty stated the he is working with several developers on projects at Powder Forest Drive that will require a PAD Zone Change. The projects include a multi-family residential area consisting of townhomes and apartments, a mixed-use commercial/retail project and an assisted living project.

Mr. Robert Stevens of Stevens Land Architecture showed a map that identified the three projects. He added that the current zoning might not allow assisted living properties. If this is the case, the assisted living area will need to be added to the PAD Zone application. Mr. Stevens stated that the Powder Forest property provides the greatest amount of flexibility in terms of building sizes, tenant sizes and mixed uses.  The concept includes a little “Main Street” area that is pedestrian-friendly.

Mr. Ron Janeczko and Mr. Chris Nelson, of Landworks and Nelson Construction, discussed the commercial uses along Hopmeadow Street and sites for town homes and apartments of various sizes. They are suggesting that the residential and commercial properties be combined on Site 3, since the area is too large for one project by itself.

Mr. Anthony DiFatta, Jr. of Ensign-Bickford Realty summarized the assisted living and independent living within the community to include approximately 185 units. He is asking the Commission for comments and suggestions on the Master Plan in order to move forward. Their preference is to develop the plan in three phases as a single PAD Zone.

The Commission suggested that the developers provide detailed information on the market demand, needs analysis, traffic flow and impact on school systems. It was also recommended that the design of the buildings be diversified rather than “cookie cutter”.  Commissioner Pomeroy stated that the plan seems favorable and he would like to discuss the project again in two weeks after the Commission has had time to review the information.

4.  Discussion with new Design Review Board members on process, procedures and relationships.

Refer to lines 57 through 65.

VII. ADJOURNMENT

Commissioner Ryan made a motion to adjourn the meeting at 8:25 P.M.  The motion was seconded by Commissioner Pomeroy and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk