01/04/2021 Zoning Commission Minutes

Subject to Approval

ZONING COMMISSION-MEETING MINUTES
MONDAY, January 4, 2021
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243

I. CALL TO ORDER - Chairman Ryan called the meeting to order at 7:00 pm.

1. Appointment of Alternatives: None were present at this time

Present: David Ryan, Anne Erickson, Kevin Gray, and Bruce Elliott,
Shannon Leary Knall and Melissa Osborne both arrived late

Absent: Michael Doyle, Diane Madigan, and Donna Beinstein

II. APPROVAL OF MINUTES of the MONDAY, December 21, 2021 regular meeting

Chairman Ryan tabled the approval of the minutes from the December 21, 2021 regular meeting.

III. PUBLIC HEARINGS
1. Application #20-13 of the Simsbury Land Trust, Applicant; for a Special Exception pursuant to Section 6.3A of Zoning Regulations to construct a gravel parking area at the property located on East Weatogue Street, Tanager Open Space Parking Lot (H11-106-037A), Zone R-80

The public hearing was reconvened. Margery Winters presented the application on behalf of the Simsbury Land Trust. Ms. Winters acknowledged the receipt of the comments from the Town Engineer on December 31st and will require more time to address the concerns. Ms. Winters noted the Land Trust will be contacting Aquarion Water Company about the pipe along the road and the tree warden about the cedar trees that need to be removed. Ms. Winters further addressed the comment of the need for a drainage system. It was noted that she will contacted Milone and MacBroom for the plans.

At this time the Chair appointed the Alternates Shannon Leary Knall and Melissa Osborne to be seated.

Mr. Gray requested clarification on the site work. Approximately 6 inches of topsoil is to be removed for the gravel and two cedar trees are to be removed from the entrance. Mr. Gray inquired where the proposed parking lot will be in relation to the brook. Ms. Winters clarified this is to be located south of the brook. Mr. Gray asked if feedback was received from the neighbors. Chair Ryan replied that an email was received last meeting and read into the record. Mr. Glidden confirmed that this was the only public comment received to date. Mr. Gray inquired as to sign requirement. Mr. Glidden clarified that due to Executive Order by the Governor waived the posting of signs. Mr. Gary further inquired as to the extensive drainage required for the new homes constructed in the area. Mr. Glidden clarified that for that particular project they needed to have zero run off for the site. Mr. Glidden further clarified Mr. Shea’s main concern for the under drain was frozen ground conditions or when the water table was high the underdrain would protect the parking lot. Mr. Gray inquired if Conservation Commission saw this application. It was noted that this application has gone before the Historic District Commission and Conservation Commission.

Ms. Erickson noted she did visit the site and it was very muddy and that an approved parking lot is critical to site.

Mr. Elliott requested clarification as to the location of neighbor that provided public comment. Ms. Winters clarified that the driveway on the plan is the neighbor and that reason for the location change and the proposed berm is so the water does not flow into their property. Mr. Glidden clarified the location change on the GIS.

Mr. Elliott inquired to the reference to the no parking signs on East Weatogue Street. Ms. Winters indicated the Land Trust has not authority for the parking on East Weatogue Street but noted the steward of the Land Trust has been putting hay bales along the parking lot when conditions warrant it.

Mr. Gray inquired as to Mr. Shea’s comment that the parking lot is to be paved. Mr. Glidden clarified the Commission has discretion on the treatment of the parking spaces.

Ms. Knall inquired as to the location of the ADA parking space. Chair Ryan clarified that the engineer commented on the slope. Chair Ryan explained the discussion previously held about the parking space. It was further discussed that paved parking lots are prohibited in the Historic District.

Mr. Gray returned to the topic of no parking signs along the road. Ms. Winters explained that it is a request by the neighbors due to safety concerns.

Ms. Erickson noted that during her visit to the site the visitors parked anywhere. Ms. Winters noted that due to Covid they have had more use of the trails than previous years.

Mr. Glidden requested the plans to be updated to address the engineers comments. It was recommended that the hearing be left open.

Mr. Gray made a Motion to continue the public hearing to the February 1, 2021 meeting. Seconded by Ms. Osborne. Motion passed unanimously 6-0-0.

IV. OLD BUSINESS

Application #20-14 of Robert Bylykbashi, Applicant; Twenty Two GC 2012, LLC, Owner; for a Site Plan Modification expand outdoor patio at the property located at 836 Hopmeadow Street (H09-227-001A-1B), Zone SCZ

Mr.Glidden informed the Commission that after the last meeting revised drawings were submitted. This was presented to the Design Review Board earlier this evening and it received a favorable recommendation. Mr. Glidden shared the revised plans and Mr. Bylykbashi discussed the changes. Mr. Bylykbashi explained the base is to be aluminum and the windows can be entirely removed with black aluminum louvers are above.

Mr. Gray inquired what the Design Review Board said about the color scheme. Mr. Glidden explained that they like the plans as presented to match the remodel of the building and the façade renovation and the patio construction would be done at same time.

Ms. Osborne inquired as to the loss of parking. Mr. Bylykbashi explained that they plan use the parking area across the street for employee parking if overflow occurs. Mr. Gray inquired about the gym that just went in and its impact on the parking. Mr. Bylykbashi said he noticed an impact earlier in the day.

Mr. Gray inquired as to the texture of the structure. Mr. Bylykbashi clarified that it is a solid structure. The window will be entirely removable but the base is solid. It was inquired if this will be a full year structure. Mr. Bylykbashi explained that they intend to bring in heaters but they anticipate the use to be approximately ten months. It was further explained the heating is natural gas and is to be vented. It was clarified that would have to be approved by the Fire Marshall.

Mr. Grey asked for clarification on the materials used. Mr. Bylykbashi explained how the proposed patio is to match the façade renovations.

Mr. Glidden explained there is a reduction on 8 parking spaces but public parking is located within 500 feet of the area and it acceptable by the regulations.

MOTION: Mr. Elliott made a motion to approve Application #20-14 of Robert Bylykbashi, Applicant; Twenty Two GC 2012, LLC, Owner; for a Site Plan Modification expand outdoor patio at the property located at 836 Hopmeadow Street Zone SCZ the approval is inclusive of the drawings down by Art Effects dated January 3 2021, and presented to the Commission this evening and an administrative zoning permit is required before construction beings.
Ms. Osborne seconded All in favor, no opposed, no abstentions. (6-0-0) Motion passed.

V. GENERAL COMMISSION BUSINESS

MOTION to amend the agenda to consider the Siting Council applications for Drake Hill and Woodland Street made by Mr. Gray. Seconded by Mr. Elliott All in favor, no opposed, no abstentions. (6-0-0) Motion passed.

Mr. Glidden explained the applications received from Siting Council. Mr. Glidden discussed the proposed fuel cell at the Woodland Street location and that the fuel cell should have limited impact to neighboring properties. This application is for two “back to back” fuel cells. The Drake Hill location will be for one fuel cell approximately 7 feet tall and 28 feet long. This will be visible from Drake Hill and the public right of way. The actual location is zoned industrial but it is near an R-15 Zone. Pursuant to Docket 34 the Zoning Commission can provide comments to the Siting Council. It was discussed to that a recommendation be made to the Siting Council to investigate the matter and consider landscaping at the Drake Hill location. It was decided that Mr. Glidden will prepare written comment with respect to this concern and submit it to the Siting Council.

Zoning Regulations Review:

Mr. Glidden discussed Zoning Regulations and the permitted uses within the Industrial Zone. The Commission was provided information on the zoning regulations from similar towns to illustrate what they allow in the industrial zones. Mr. Gray inquired if staff would modify the other towns regulations into the Simsbury format. It was agreed that Staff would convert the data into a similar format and it would sent to the Commission prior to the next meeting.

Regulation update discussions will be in workshop format so that Alternates can participate.

Chair Ryan brought up proposed Affordable Housing legislature changes and the influx of misinformation pertaining to it. Chair Ryan wanted to draw up a list of facts about the affordable housing zoning regulations to explain provisions currently in place. Mr. Elliott clarified that purpose is to try to identify the salient points in the current regulations. Discussion ensued about the possibility of having public comment meeting and what steps should be taken.

VI. ADJOURNMENT
Mr. Gray made a motion to adjourn the meeting. Ms. Osborne seconded the motion.

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

The meeting adjourned at 8:31 pm.

Respectfully Submitted,

Laura Barkowski
Acting Clerk