02/01/2021 Zoning Commission Minutes

Subject to Approval

ZONING COMMISSION-MEETING MINUTES
MONDAY, February 1, 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: Shannon Leary Knall was seated for Michael Doyle.

Present: David Ryan, Anne Erickson, Kevin Gray, Bruce Elliott,Diane Madigan, Donna Beinstein, Shannon Leary Knall and Melissa Osborne

Absent:Michael Doyle

II. APPROVAL OF MINUTES of the MONDAY,December 21, 2021 and January 4, 2021 regular meetings

The following corrections were made to the December 21, 2020 minutes:

Line 21 – Bruce Elliott made the motion and Kevin Gray seconded the motion
Line 113 – Correct spelling of Mr. Grey to Mr. Gray

Motion to approve the Minutes of the December 21, 2020 meeting as modified was made by Mr. Gray. Seconded by Ms. Erickson. Motion passed 6-0-0

The following corrections were made to the January 4, 2021:

Line 48 - Change name to Mr. Gray from Mr. Gary
Line 65 – Change to read “the Land Trust has no authority for parking”
Line 110 – Add “to” so the line reads “plan to use the parking area”
Line 165 – Change “influx” to the “incidence”

Motion to approve the Minutes of the January 4, 2021 meeting as modified was made by Mr. Gray. Seconded by Ms. Knall. Motion passed 5-0-1 – Ms. Beinstein abstained

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. Mr. Glidden indicated that the Land Trust has provided revised plans along with correspondence to address the engineering comments. Mr. Shea submitted a subsequent review letter that was sent to the Land Trust. Tom Crawford, 7 The Butter Churn, Simsbury of the Simsbury Land Trust was present on behalf of the applicant.

Mr. Glidden shared the revised plans detailing the changes to the location of the entrance, the parking layout, additional details have been provided to the area adjacent to the waterline, grading changes, and details to the ADA parking spot with paved walkways to the bridge. Mr. Crawford explained that the ADA parking spot needed to be located closest to the path. He further indicated Aquarion Water Company will have to determine the depth of the waterline and that Mr. Roy was to examine certain trees on the property. Mr. Glidden noted that two trees to the north of the entrance are to inspected by the Tree Warden, Mr. Roy. Mr. Crawfordexplained the intention of the Land Trust is to plant shrubbery on the south side and near berm at the road to control the run off.

Mr. Gray inquired as to the location to the entrance. Mr. Crawford clarified the opening to the parking lot would be between the two trees.

Ms. Knall inquired if the neighbors have provided any further feedback. Mr. Crawford indicated that they have not.

Mr. Elliott inquired if Mr. Shea has received the revised plans. Mr. Glidden indicated that Mr. Shea still has certain aspects that he would like addressed however he expressed that Mr. Shea was comfortable with the Public Hearing being closed. Mr. Glidden discussed that the concerns the Commission had at the previous meeting pertaining to street parking was discussed at the local traffic authority meeting and they will be looking into it and most likely posting no parking signs. This should address some of the safety concerns.

Mr. Gray inquired as to the discrepancy between the Historic District and the Zoning Regulations as to the paving of the ADA parking sport. Mr. Glidden clarified that the ADA spot was approved by the Historic District Commission as well as the apron however not the remainder of the lot. The ADA spot needs to be paved to fulfill the federal requirements.

Mr. Gray further inquired as to the river stones along the road and if they will be replaced and who is responsible for that. Mr. Glidden explained that an under drain system was installed by DPW to the south of the existing entrance. If the Land Trust work disturbed this system they would be responsible to repairing or replacing it.

Motion to close the public hearing on Application 20-13 was made by Mr. Elliott. Seconded by Ms. Beinstein. Motion passed 6-0-0

2. Application #21-01of Stephanie Civitillo, Applicant for a Special Exception pursuant to Section 4.6B of the Zoning regulations for a liquor permit and at the property located at 10 Wilcox Street (G10 206 001) Zone SCZ (aka 6 Wilcox Street)

The public hearing was opened and Ms. Civitillo presented the application. Mr. Glidden shared the proposed plans. Ms. Civitillo discussed her plans to convert the space into a Cajun restaurant. The intention is to keep the existing walkway and patio. Mr. Ryan inquired as to the use of the existing patio. It was clarified that the existing patio is for general use of the building. Ms. Civitillo further explained the location of the patio, the size of the patio, grading and materials proposed.

Discussion ensued pertaining to steps to the patio and if a railing would be required and the actual height of the patio.

Mr. Gray inquired as how the ADA parking spots will be changed. Ms. Civitillo explained that the ADA parking spaces and sidewalks will not be changed with the exception to the walkway to current Hibachi area will become part of the patio. Ms. Civitillo explained how the parking and patio is ADA compliant. Mr. Glidden further clarified that he was worked with the applicant and the design maintains the restaurants ADA compliance.

Mr. Gray inquired if the signage is part of the application. Mr. Glidden indicated that the signage was handled administratively since it was a direct replacement. The liquor license and patio are the two outstanding items.

Ms. Civitillo detailed the information of the proposed planter boxes as perimeter controls. The boxes will be cedar and contain irises, daisies, daffodils and creeping thyme. The spaces between the planters will have ceramic pots with rosemary.

Mr. Ryan inquired as to the total height of the pavers and boxes. Ms. Civitillo replied it would approximately 36 inches.

Mr. Elliott inquired as to the elevation changes proposed. Ms. Civitillo explained that the elevation change will only be in the area that is currently dirt. Discussion ensued as to the grading and slope.

Mr. Ryan inquired if public comment was received. Mr. Glidden indicated none was received.

Mr. Gray inquired as to special exception findings. Mr. Glidden reviewed the following:

Findings in granting the special exception for the liquor license modification:

1. Orderly Development - The expanded patio area will be an improvement to the rear of the building. The overall size of the proposed expansion is similar to the patio/deck serving other restaurant locations (former MacLaddens) within the complex.
2. Property Values - Property value for the site will be increased with the planned investment.
3. Public Safety- Perimeter controls are being proposed which will provide protection to diners within the patio area and enhance the visual landscape.
4. Traffic Consideration- The site and surrounding area have sufficient parking to support the planned expansion.
5. Landscaping and Buffers- Planters will be utilized as perimeter controls and landscaping. The inclusion of these features will result in an increase of overall landscaping along the southern elevation of the building.
6. Relationship to Utility Systems, Drainage Systems, and Impact on Community Facilities – No impact to this application.

Mr. Ryan made further inquires as to the planters on whether they are static. It was discussed that it should be a barrier that is not easily removed.

Motion to close the public hearing made by Mr. Gray. Seconded by Mr. Elliott. Motion passed 6-0-0

IV. OLD BUSINESS

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 Commission expressed satisfaction with the changes to the plans. The following Special Exception findings were made with respect to liquor license modification:

1. Orderly Development – No impact
2. Property Values - The creation of a formal parking area should improve traffic and other nuisance issues which are associated with the use of the existing field area for parking.
3. Public Safety- Creation of a parking lot will address a safety concern related to on street parking associated with the park
4. Traffic Consideration- Same as public safety
5. Landscaping and Buffers- The applicant has tried to preserve and enhance existing landscaping.
6. Relationship to Utility Systems, Drainage Systems, and Impact on Community Facilities - The use of gravel as surface treatment along with comments from the Town Engineer should address drainage concerns.

The following special conditions were suggested. In granting the special exception the Commission issues the following conditions of approval:

1. Special exception is not effective until a copy of the notice of grant is filed with the Simsbury Town Clerk.
2. An administrative zoning permit is required for the proposed parking lot.
3. Applicant to prepare mylar plans for signature by the Chairman. Mylar plans are to incorporate all outstanding comments/concerns outlined by Town Engineer’s Memo dated 1/26/21.

Further discussion ensued about the proposed landscaping and if additional landscaping will be required.

Motion made by Mr. Gray to approve Application 20-13 of the Simsbury Land Trust for a Special Exception to construct a gravel parking area at the property located East Weatogue Street, Tanager Open Space with the findings made in list 1-6 outlined in Staff Report and the Commission makes the special conditions 1-3. Seconded by Ms. Beinstein. Motion passed 6-0-0

V. NEW BUSINESS

a. Application #21-01of Stephanie Civitillo, Applicant for a Special Exception pursuant to Section 4.6B of the Zoning regulations for a liquor permit at the property located at 10 Wilcox Street (G10 206 001)Zone SCZ (aka 6 Wilcox Street)
b. Application #21-03of Stephanie Civitillo, Applicant for a Site Plan Approval for an outdoor patio and at the property located at 10 Wilcox Street (G10 206 001) Zone SCZ (aka 6 Wilcox Street)

Motion made by Mr. Gray to approve Application #21-01of Stephanie Civitillo, Applicant for a Special Exception pursuant to Section 4.6B of the Zoning regulations for a liquor permit at the property located at 10 Wilcox Street the Commission makes the following findings from the Staff Memo attachment A with a change to item 6 to state no impact. In granting the Special exception the Commission issues the following conditions of approval: 1. Special Exception is not effective until a copy of the notice of grant is filed with the Simsbury Town Clerk. 2. Further expansion of the premise which triggers a modification to the liquor permit are to be approved by the Zoning Commission Seconded by Mr. Erickson. Motion passed. 6-0-0
Motion made by Mr. Elliott to approve Application #21-03of Stephanie Civitillo, Applicant for a Site Plan Approval for an outdoor patio and at the property located at 10 Wilcox Street (G10 206 001) Zone SCZ (aka 6 Wilcox Street) The Site Plan approval is subject to the following conditions: 1. An administrative zoning permit is required for the site work associated with this proposed patio. 2. Expansion of the patio beyond the approved area requires approval from the Commission. 3. The Commission authorizes staff to approve minor modification to grading or landscaping. Said modifications are to be made in writing and approved by the Town Staff prior to implementation in the field. Seconded by Mr. Gray. Motion passed 6-0-0.

V. GENERAL COMMISSION BUSINESS

Regulation update workshop

Mr. Ryan discussed the worksheet provided by Staff including the Commercial Uses allowed in the Industrial Districts of similar towns.

The difference between I-1 and I-2 Districts was discussed in that one is general industrial and one restrictive.

The format of the document provided was discussed.

Mr. Elliott suggested that the focus should be on the vacant office space currently in Simsbury and the uses that would be suitable for this space.

Mr. Ryan also discussed the possible use for affordable housing in these areas. Mr. Elliot also indicated that open space might be the better solution for affordable housing.

Mr. Gray wanted to review the Simsbury regulations and the uses allowed. It was inquired as to why recreation is not allowed in the industrial areas and suggested to make it a Site Plan approval rather than a Special Exception. Also warehouse uses were discussed and the differences between the approvals. Mr. Gray brought up inconsistencies. Discussion ensued as to the residential uses allowed and not allowed per the current regulations.

Mr. Glidden and the Commission discussed locations that currently have vacancies within the industrial districts.

Mr. Ryan suspended the discussion on this due to the time.

Mr. Glidden reminded the Commission of the upcoming CT Bar Webinar and if any Commissioners want to attend they should contact the office by February 15, 2021.

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

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

The meeting adjourned at 8:29pm.

Respectfully Submitted,

Laura Barkowski
Acting Clerk