Zoning Commission Minutes 12/16/2013 DRAFT

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

DRAFT MINUTES
DECEMBER 16, 2013

I.  CALL TO ORDER
 

Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:04 P.M. on Monday, December 16, 2013 in the Program Room of the Simsbury Public Library located at 725 Hopmeadow Street, Simsbury, CT.  The following members were present: Edward Cosgrove, Will Fiske, Derek Peterson, Vaughn Marecki and Dave Ryan. Others in attendance included Hiram Peck, Director of Planning, and other interested parties.

II. APPOINTMENTS OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Cosgrove for Commissioner Gray and Commissioner Marecki for Commissioner Post.

Commissioner Pomeroy stated for the record that Commissioner Gray arrived at 7:10 pm. Commissioner Gray was seated and Commissioner Cosgrove was then unseated.

III. APPROVAL OF MINUTES

Commissioner Ryan noted a typo of Marc Lubetkin’s last name in line 93. Minutes from December 2, 2013 Regular Meeting were unanimously approved with suggested correction.

IV. CONSENT ITEMS
 

1.   Application #13-54 of Thomas W. Fahey, Jr., Applicant; Dorset Crossing, LLC, Owner; requesting re-approval of Application #12-26 for the Site Plan Amendment for Simsbury Specialty Housing on Lot C Dorset Crossing (now known as 100 Casterbridge Crossing), previously approved by the Zoning Commission on July 30, 2012 (Map H04, Block 403, Lot 13A-C). Zone PAD.
Mr. Peck commented that reapproval is being requested due to timing issues with previous map filing. Reapproval is recommended as follows: Site Plan dated 6/20/612 revised to 7/17/13 is reapproved with the same conditions as contained in the original approval.

2.  Application #13-55 of J. Edwards Associates, LLC, Applicant; EASTPOINTE, LLC, Owner; for a Site Plan Amendment and Sign Permit on the property located at Dorset Crossing Drive (Map H04, Block 403, Lot 13A-B). Zone PAD.
 

Mr. Peck stated that reapproval is being requested due to timing issues with previous map filing. Mr. Peck recommends reapproval as follows: Site Plan dated 8/1/13 revised to 11/25/13 is approved with the same conditions as contained in the original approval.

3.  Application #13-56 of Margaret Saska, Applicant; Town of Simsbury, Owner; for a Site Plan Amendment for a greenhouse on the property located at 73 Wolcott Road (Map I02, Block 439, Lot 002). Zone I-1.
 

Mr. Peck stated that the greenhouse is for agricultural purposes associated with the Simsbury Community Farm. Approval is recommended for this application as follows: Application for the 27’ x 48’ greenhouse is approved as submitted. Applicant is required to seek any and all proper building permits as may be required for the structure.

4.  Application #13-57 of Jean-Luc Godard Belmeade Signs, Applicant; Barry M. Coburn, Owner; for a Sign Permit for Coburn & Meredith, Inc., on the property located at 1 Old Mill Lane (Map G11, Block 103, Lot 003). Zone R-15.

Mr. Peck commented that the sign is approved at this time based on the fact that the previous approvals permit the sign as proposed. Due to the unusual set of circumstances, Mr. Peck recommends approval of the sign as follows: Application for the sign proposed for property at 1 Old Mill Lane is approved as to size and location as submitted with the condition that the sign is to have NO LIGHTING unless approved by the Design Review Board and the Zoning Commission as part of a subsequent application.

Commissioner Ryan moved to approve Consent Items 1-4 as listed above. The motion was seconded by Commissioner Fiske and was unanimously approved.

V. PUBLIC HEARING

1. Application #13-51 of Scott Hart for Leonard and Amy Bobinski, Owners, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 8 Beaverbrook Road (Map B16, Block 301, Lot 016). Zone R-40.

Mr. Scott Hart of Windows and More, LLC and Mr. Leonard Bobinski of 8 Beaverbrook Road, described the additional dwelling unit. The unit will be an exact match to the existing property. The existing garage will be extended 12 ft.  An additional two-bay garage will be added on the opposite side of the building.

Commissioner Fiske moved to amend the agenda to make a motion on Application #13-51. The motion was seconded by Commissioner Pomeroy and was unanimously approved.

Commissioner Ryan moved to approve Application #13-51 of Scott Hart for Leonard and Amy Bobinski, Owners, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 8 Beaverbrook Road (Map B16, Block 301, Lot 016). Zone R-40.  The motion was seconded by Commissioner Fiske and was unanimously approved.

2. Application #13-52 of Dwight H. Merriam, Robinson & Cole LLP, for CuraLeaf LLC, Application: Grist Mill Partners LLC, Owner, for a Site Plan Amendment and Special Exception pursuant to Article Seven, Section J.2, of the Simsbury Zoning Regulations for a medical marijuana production facility on the property located at 100 Grist Mill Road (Map G11, Block 103, Lot 005-25). Zone I-2.

Mr. Dwight Merriam of Robinson & Cole, LLP, gave an overview of the application, introduced CuraLeaf principals and consultants and stated CuraLeaf’s objectives for the first 24 months. Mr. Merriam stated that the total capital investment at start-up is $1.9 million.

Ms. April Arrasate, Esq., serves as the Chief Operating Officer of CuraLeaf. Ms. Arrasate spoke about the benefits of the existing building. Ms. Arrasate indicated that 20 employees will be hired for Phase I.  An additional 15 employees will be hired for Phase II implementation. Ms. Arrasate discussed that the security for the property will be at the same level as any pharmaceutical company manufacturing a controlled substance.  She specified that internally, there will be levels of access, detection and alarm features.  External security will include: single access road, fence, lighting, surveillance, detection and alarms, 24/7 on-site security guards and access controls.

Mr. Bruce Coldham of Coldham& Hartmman, Architects, stated that the most significant change to the exterior of the property is the addition of the 10-foot high security fence and the lighting that is needed for the security cameras.  He stated there will be no change to the exterior of the building.  Mr. Coldham explained that 70 trees will be removed in order to add the security fence. In addition, Mr. Coldham stated that 84 parking spaces will remain and private property signage will be added. Mr. Coldham also discussed the interior layout of the 40,000 sq.ft. building to include 3,000 sq.ft. for office use and 17,000 sq.ft. for manufacturing and 2,000 sq.ft. for storage in Phase I.  In Phase II, an additional 16,000 sq.ft. of manufacturing and 2,000 sq.ft. for warehouse use will be implemented. He also addressed the topography profiles options to block the security lights from the sight path of the nearby residential properties.

 Mr. Scott Hesketh, P. E. of F. A. Hesketh & Associates, Inc., discussed the expected traffic flow to-and-from the facility.  Referencing the Trip Generation Report, Mr. Hesketh stated that as a research and development center, the site has a trip generation potential of 471 trips on a daily basis as compared to 656 trips if the facility was used for office space.  Mr. Hesketh stated in his opinion, “Approval of this site plan will not result in an increase in trip generation and likely will result in a decrease in trip generation and therefore an approval will not have an impact on the traffic operations on local roadways.”

The Commission asked questions pertaining to the handling of waste, the packaging of plant material, where will the soil come from and the lighting attached to the fence perimeter.

Commissioner Pomeroy opened the floor to the public.

Mr. Ron Janeczki of Landworks Development is requesting that the signage clearing states that this is a private facility.  Also, he is requesting the K-turn to be relocated to the southern side instead of the northern side.

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

Commissioner Ryan moved to approve Application #13-52 of Dwight H. Merriam, Robinson & Cole LLP, for CuraLeaf LLC, Application: Grist Mill Partners LLC, Owner, for a Site Plan Amendment and Special Exception pursuant to Article Seven, Section J.2, of the Simsbury Zoning Regulations for a medical marijuana production facility on the property located at 100 Grist Mill Road (Map G11, Block 103, Lot 005-25). Zone I-2. The approval is given subject to the incorporation of the seven requirements listed below. The motion was seconded by Commissioner Gray and approved by majority vote with Commissioners Fisk and Marecki opposed.

1. The Applicant and/or Permittee and site operations will be implemented, used and maintained in complete accordance with all applicable Connecticut statutes and regulations.

2. Operations shall be implemented and operated in close coordination with Simsbury Police and Fire Departments.

3. Operations shall be implemented and operated at all times in compliance with all aspects of the Special Exception Standards in the Simsbury zoning regulations.

4. Special Exception approvals are granted specifically and solely to the application currently any proposal to transfer the operations ownership shall be made known to the town.

5. Any transfer in the ownership of the property or the operation will be subject to approval of the commission solely in order to insure the adequacy of the operation to comply with all aspects of the local regulators to ensure the continued compliance with all aspects of the original commitments and submission materials to ensure the public health, safety and welfare as envision in Simsbury Zoning Regulations

6. Continue department coordination as to building code requirements and any of the continued communications with land use departments in order to determine any valid concern of abutting property owners such as traffic, lighting and other issues.

7.  Implement K-turn on either side of the road with a strong preference to the south side.

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

1. Informal discussion regarding 690 Hopmeadow street, former Webster Bank building.

This has been postponed until January 2014.

VII. DISCUSSION / NO ACTION

1.Possible Powder Forest PAD

Mr. Peck mentioned that the questions that arose from the applicant’s previous informal presentation pertained to the flow of traffic and the design of the buildings. The Commission previously recommended that more involvement is needed with the Design Review Board during the discussions of the building design. Mr. Peck added that the application process will probably require more design aspects.  Mr. Pomeroy added that there is strong desire not to have the apartments look alike in the exterior design.

Mr. Ron Janeczko of Landworks Development stated that the impact on local schools is 1 for 10; for example, there will be 8-9 students in the school system for the 80-88 units.

Commissioner Cosgrove is asking for more in-depth traffic information.

VIII. ADJOURNMENT

Commissioner Ryan made a motion to adjourn the meeting at 9:15 P.M.  The motion was seconded by Commissioner Pomeroy and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk