04/19/2021 Zoning Commission Minutes

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, April 19, 2021 at 7:00PM

Meeting Held Via Zoom

PRESENT:     Regular Members: Dave Ryan, Donna Beinstein, Michael Doyle Bruce Elliott, Kevin Gray, and Anne Erickson

            Alternates:  Shannon Knall and Melissa Osborne

ABSENT:       Regular member Alternate Dianne Madigan

ALSO PRESENT:  Michael Glidden CFM CZEO, Director of Planning and Community Development

I. CALL TO ORDER:

Chairman Dave Ryan called the meeting to order at 7:00 PM

II. ROLL CALL:

1.  Appointment of Alternates.

None

III. APPROVAL OF MINUTES

Action Tabled

IV. PUBLIC HEARINGS:

1. Applications
   1. Application #Application #21-04 of EAY Properties LLC, Owner; Philip Doyle, Agent for a Zone Change from R-40 to B-1 District on the property located at 332 Hopmeadow Street (Assessors Map G15, Block 145, Lot 002) Continued Public Hearing

Chairman Ryan asked if the applicant wished to speak first before members of the public. P.Doyle stated he did not have comments to add for the meeting.

D.Beinstein asked about the use of the remainder of the property in order to clarify impacts from the zoning district amendment.

M.Osborne inquired whether the applicant looked into applying for a use variance with the Zoning Board of Appeals.

Chairman Ryan asked if there were members of the public that wished to speak

Duncan McKay 327 Hopmeadow Street spoke in opposition of the zone change. He discussed various reasons such as conflict with the POCD and concern of the legal notice.

Andy Glassman Esq. of Pulman and Connolly spoke in opposition on behalf of his client Helmar (owner of Abigails Restaurant). Attorney Glassman noted that the commission received written testimony from his office concerning the objection to the application. He summarized the main points from this correspondence.

Chris McCarty 327 Hopmeadow Street spoke in opposition.

Bard Faithful of 315 Hopmeadow Street spoke in opposition

Aime Petras spoke in opposition on behalf of the Farmington River Watershed Association.

Kate Tortland of 322 Hopmeadow Street spoke to clarify that she was not taking a position on this application.

Julie Gray of 327 Hopmeadow Street spoke on how much care was placed in maintaining her property.

P.Doyle discussed how some of the issues brought up specific to the brewery were not applicable to the zone change and these would be handled with a site plan. He discussed how written notification was not required and M.Glidden confirmed that statement.

Motion: B.Elloitt made a motion to close the public hearing which was seconded by A.Erickson. The motion passed (6-0).

b. Application #21-05 of GHSP, LLC, Owner; Jeff Lizotte, Applicant

J.Lizzotte discussed the plans for expanded outdoor areas which trigger a new liquor license. A new seating area will be constructed with service bar. This will add approximately 40 seats to the establishment.

K.Gray inquired about railings and what was required. J.Lizzotte discussed how the plans were reviewed by the Building Official and meets the Ct Building Code.

D.Madigan spoke as a member of the public in support for the proposal

C.Riley of Soma Grille spoke in favor of the application.

Motion: K.Gray made a motion to close the public hearing which was seconded by M.Doyle. The motion passed (6-0).

V.  OLD BUSINESS:

1.  Applications.

a.  Application #21-04 of EAY Properties LLC, Owner; Philip Doyle, Agent for a Zone Change from R-40 to B-1 District on the property located at 332 Hopmeadow Street (Assessors Map G15, Block 145, Lot 002)

MOTION: Mr. Elliott to approve the zone change Mr. Doyle seconded the motion. The motion failed (1-5 with K.Gray voting in favor and rest of members in opposition).  

VI. NEW BUSINESS:

1. Applications:
   1. Application #21-05 of GHSP, LLC, Owner; Jeff Lizotte, Applicant Special Exception pursuant to Section 5.5 and 6.3 of Zoning Regulations to expand outdoor patio with alcohol service at the property located at 2 Tunxis Road (K04-206-001), Zone I-1

Motion: K.Gray made a motion to approve the application subject to the conditions outlined in the staff report with the clarification that approval is for expansion of the premise and full liquor license, M.Doyle seconded the motion. The motion passed (6-0).

1. Application #21-06 of 34 Hopmeadow St Realty Co LLC, Owner; David Burr and Dave Richman applicants for a site plan approval for the construction of a storage facility located at north eastern corner of 34 Hopmeadow Street (E19-117-001C), Zone I-1/PAD

M.Glidden stated that the applicant is working on addressing comments from the Town Engineer and is not prepared to proceed tonight. No action is being requested of the commission.

1. Application # 21-07 of SIMSBURY 1820 HOUSE LLC, Owner; Chris Riley, applicant, for a site plan amendment for the construction of permanent patio areas along the eastern an d northern elevations of the existing building for the property located 731 Hopmeadow Street (G10, 203, 001 C &D) Zone SC-1.

Chris Riley owner of Soma Grille presented the plans for new outdoor patio areas. Involves the removal of some landscaping in order to construct a more permanent patio area.

B.Elliott asked about coverings for the tables and whether awnings will be required. C.Riley stated that umbrellas will be used at the tables to provide shade.

Motion: K.Gray made a motion to approve the application subject to the conditions of the staff report, M.Doyle seconded the motion. The motion passed (6-0)

VII. GENERAL COMMISSION BUSINESS

1. Regulation update workshop
   1. Industrial Zoning Districts

M.Glidden reviewed the proposed changes to the industrial zoning regulations as discussed at the special meeting.

B.Elliott suggested the use of a percentage for upper floors that can be converted into residential uses

Chairman Ryan did not feel there was a need for such a requirement.

Chairman Ryan asked that the proposal be forwarded to the EDC for their input to see whether there are uses which are being missed.

VIII. ADJOURNMENT:

MOTION:  M.Doyle made a motion to adjourn the meeting at 8:51; it was seconded by D.Bienstien. The motion passed (6-0)

Submitted by

Michael Glidden CFM CZEO

Acting Clerk