05/15/2023 Zoning Commission Minutes

Meeting date:

Monday, May 15, 2023

Meeting Date: May 15, 2023
ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING
MONDAY, MAY 15, 2023 at 7:00 P.M.

PRESENT: Regular Members - David Ryan, Bruce Elliott, Anne Erickson, Kevin Gray, Diane Madigan, Donna Beinstein, Alternate Members - Tucker Salls and Melissa Osborne

ALSO PRESENT: Planning and Community Development Director George McGregor, Assistant Town Planner Brittany MacGilpin, Town Counsel Robert DeCrescenzo and Commission Clerk Jackie Lachance

I. CALL TO ORDER – Mr. Ryan called this meeting to order at 7:00 p.m.

MOVED: Mr. Gray moved to vote on each application after the public hearing. Ms. Erickson seconded the motion.
VOTE: Ryan - aye; Elliott - aye; Erickson - aye; Gray - aye; Madigan - aye; Beinstein - aye. Motion passed 6-0-0.

II. APPROVAL OF MINUTES

- May 1, 2023 regular meeting
MOVED: Mr. Elliott moved to approve the regular meeting Minutes as submitted.
Ms. Madigan seconded the motion.
VOTE: Ryan - aye; Elliott - aye; Erickson - aye; Gray - aye; Madigan - aye; Beinstein - abstain. Motion passed 5-1-0.

- May 1, 2023 special meeting - Correction to Line 27 – language to be changed to agree
to have a one day transaction for vendors.
MOVED: Mr. Elliott moved to approve the special meeting Minutes as corrected.
Mr. Gray seconded the motion.
VOTE: Ryan - aye; Elliott - aye; Erickson - aye; Gray - aye; Madigan - aye; Beinstein - abstain. Motion passed 5-1-0.

III. PUBLIC HEARINGS

Application ZC #23-12 of Thomas Anderson, Owner, Susan Dzis, Applicant, for a
Special Exception pursuant to Section 4.5 of the Simsbury Zoning Regulations to permit
a ± 2,200 sq. ft. school in a Professional Office Zone at 507 Hopmeadow Street
(Assessor’s Map G13 Block 103 Lot 022).

Susan Dzis and Tom Anderson presented this application. Ms. Dzis gave a background
on the existing building and how it will be used for a preschool. The Commission
inquired about the use of buses, the drop off process, play area and fencing.
There was no public comment.
MOVED: Mr. Gray moved to close this public hearing. Ms. Beinstein seconded the
Motion.
VOTE: Ryan - aye; Elliott - aye; Erickson - aye; Gray - aye; Madigan - aye; Beinstein -
aye. Motion passed 6-0-0.

The Commission inquired about restroom facilities.
MOVED: Ms. Madigan moved to approve this application:
The Commission finds that the application for a special exemption has met the standards set in Section4(Business Districts) and the special exception criteria in Section 12, and is subject to the following conditions:
1. An administrative zoning permit is required for construction.
Mr. Gray seconded the Motion.
VOTE: Ryan - aye; Elliott - aye; Erickson - aye; Gray - aye; Madigan - aye; Beinstein -
aye. Motion passed 6-0-0.

Application ZC #23-19 of Simsbury Grist Mill, LLC, Owner, Chris Nelson, Applicant,
Site Plan Amendment pursuant to Section 11 and a Special Exception pursuant to Section 6 of the Simsbury Zoning Regulations for the replacement of an existing ± 754 sq. ft. Pedestrian bridge in the floodplain zone, for an accessory food truck, and for outdoor dining space at Millwright’s Restaurant in a PAD Zone at 77 West Street (Assessor’s Map F11 Block 103 Lot 005-21).

Staff updated the Commission of the Design Review Board’s positive referral and the wetlands approval of this application. Mary Ellen Nelson, Jack Kemper and Tyler Anderson presented this application. The Commission inquired about alcohol from the food truck and if the bridge would be heated.

Public Comment:
1. Lori Boyko of 61 West Street - Ms. Boyko is not in favor of the food truck
operating on site as she has a rental property adjacent to this property and believes the food truck causes a nuisance for her tenants.

The Commission discussed the proximity to residents and the food truck. It was noted
that the food truck and smoker were decreased in size and the location was moved from
previous years.

MOVED: Mr. Gray moved to close this public hearing. Mr. Elliott seconded the
Motion.
VOTE: Ryan - aye; Elliott - aye; Erickson - aye; Gray - aye; Madigan - aye; Beinstein -
aye. Motion passed 6-0-0.

MOVED: Mr. Gray moved to approve the special exception application based upon the following findings:
The Special Exception Criteria found Section 12 of the Town of Simsbury Zoning Regulations,have been substantially met or satisfied. Those considerations include:
1.Orderly Development;
2.Property Values;
3.Public Safety;
4.Traffic Considerations;
5.Landscaping and Buffers; and
6.Relationship to Utility Systems, Drainage Systems, and Impact on Community Facilities.
The Application is not expected to have any negative impacts on the above considerations.
Ms. Madigan seconded the Motion.
VOTE: Ryan - aye; Elliott - aye; Erickson - aye; Gray - aye; Madigan - aye; Beinstein -
aye. Motion passed 6-0-0.

MOVED: Mr. Gray moved to approve the site plan amendment based upon the following findings:
1.The Application meets the site plan requirements set forth in Section 11 of the Zoning Regulations;
2.The Application meets the Floodplain Zone requirements, as applicable, set forth in Section 6 of the Zoning Regulation.
And is subject to the following conditions:
1.The project shall be developed in substantial conformance to the Site Plan dated 4-10-23 prepared by Loureiro Engineering Associates.
2.The project shall be developed in substantial conformance with the architectural plans dated 4-5-23, prepared by Cianci Engineering, LLC and Kemper Associates Architects, LLC
3.An administrative zoning permit is required prior to the issuance of a building permit.
Ms. Erickson seconded the Motion.
VOTE: Ryan - aye; Elliott - aye; Erickson - aye; Gray - aye; Madigan - aye; Beinstein -
aye. Motion passed 6-0-0.

IV. NEW BUSINESS

Application #ZC 23-18 of Dorset Crossing, LLC, Owner, David Ziaks, Applicant, for a
modification to the Dorset Crossing PAD Master Plan pursuant to Section 8 of the
Simsbury Zoning Regulations at 30 Dorset Crossing (Assessor’s Map I04 Block 403 Lot
013-A). (Introduction, timeline, and referral to select commissions).

Dr. Anthony Giorgio and David Ziaks presented this application. Dr. Giorgio gave the background on the property and the need to change some of the office space to residential space. Dr. Giorgio indicated that he would be interested in making some of the apartments affordable housing.

The Commission inquired about the open space, requiring the affordable housing aspect and pricing for the affordable housing portion.

MOVED: Ms. Erickson MOVED, The Zoning Commission REFERS ZC 23-18, Dorsett Crossing, a Master Plan Amendment to a Planned Area Development, to the Conservation Commission, Planning Commission, and the Design Deview Board for a Preliminary review of the Application, with comments requested by June 5, 2023.
Ms. Madigan seconded the motion.
VOTE: Ryan - aye; Elliott - aye; Erickson - aye; Gray - aye; Madigan - aye; Beinstein -
aye. Motion passed 6-0-0.

V. OLD BUSINESS

Application ZC #23-03 of Vessel RE Holdings, LLC, Applicant, EAY Properties, LLC,
Owner, for a Site Plan pursuant to CGS 8-30g for construction of a ± 46,252 sq. ft.,
64–unit (reduced from 80-unit) multi-family development, at 446 Hopmeadow Street
(Assessor’s Map G13 Block 142 Lot 003C) Simsbury, CT 06070, zone R-15. (Opened
03/20/23. Closed 05/01/23).

The Commission discussed the issues of concerns that were brought up during the public hearing portion of this application.

MOVED: Mr. Gray MOVED, the Simsbury Zoning Commission APPROVES Application ZC #23-03 of Vessel RE Holdings, LLC, Applicant, EAY Properties, LLC, Owner, for a site plan pursuant to CGS 8-30g for construction of a ± 55,030 sq. ft., 64-unit multi-family development, at 446 Hopmeadow Street. (Assessor’s Map G13, Block 142, Lot 003C) Simsbury, CT 06070, zone R-15. based on the following findings:

a. The Application meets the requirements of CGS 8-30g.

b. The Application provides 30% of the units as affordable, consistent with the requirements of 8-30g. The need for affordable housing outweighs the concerns offered during public testimony on the record.

c. According to the submitted Wetlands report, The Simsbury Conservation Commission/ Inland Wetlands & Watercourses Agency has considered the Criteria for Decision found in Section 10.2 of the Town Inland Wetlands and Watercourses Regulations and finds the project meets all of the standards for approval and will not adversely impact the wetlands and watercourse.

d. Although a great deal of public testimony was offered, generating a host of concerns and potential issues, the record does not provide expert testimony or evidence that a substantial public interest related to health, safety, and welfare exists other than parking.

e. The modifications and conditions set forth below are intended to mitigate the issues that have been identified on the record.

And subject to the following conditions:

1. The project shall be developed in substantial conformance with the site plan titled, Site Development Plans, dated December 16, 2022, REVISED March 30, 2023, with Sheets SL-1 and GD-1 Revised April 4, 2023 prepared by H&H Engineering.

2. The project shall be developed in substantial conformance with the Stormwater Management Report, prepared by H&H Engineering, dated December 16, 2023 and REVISED March 30, 2023.

3. The project shall be developed in substantial conformance to the landscaping Plan, dated March 20, 2023, prepared by Thomas Graceffa Architects.

4. The project shall be developed in substantial conformance with the revised architectural set stamped received by the Planning Department, dated March 30, 2023 and the illustrative architectural plan set prepared by Robert Demarais, PE., dated May 1, 2023.

5. The project shall be developed in substantial conformance to the Housing Affordability Plan, prepared by Alter & Pearson, dated January 12, 2023.

6. For a period of three years from the approval date, the Applicant shall complete and submit two inspection and maintenance reports each year (one no later than June 30th and one no later than December 31st), and annually thereafter, prepared by a registered engineer in the State of Connecticut., for all onsite stormwater facilities, to the Planning Department. The Planning Department shall make these reports available to the Commission upon receipt.

7. Prior to the issuance of a building permit, the Applicant shall submit an Erosion and Sediment Control Bond, in a form acceptable to the Town, in the amount of $50,000.

8. The parking lot lighting shall be limited to utilizing lighting fixtures having a Kelvin rating not to exceed 3,000 Kelvins utilizing the lighting fixtures as specified in the lighting plan prepared by Photinus, dated Revision 4, 2022.

All exterior lighting shall utilize energy and time management controls such that the parking lot lights shall be at 100% illumination through 10 PM and at 40% illumination through 6 AM.

Subject to building code requirements and fire safety requirements, public area interior lighting visible from the exterior of the building shall be set at 100% illumination through 10 PM and at 40% illumination through 6 AM.

9. The vinyl fence depicted at 36 inches on the site layout SL-1 sheet referenced in condition #1 shall be increased to minimum height of 48 inches.

10. The Applicant shall submit an Integrated Pest Management Plan, with form and substance acceptable to the Town, prior to the issuance of a building permit.

11. The Applicant shall complete and submit to the Planning Department a Phase I Archeological Study, prior to the issuance of any building permit on site. The Applicant shall follow the recommendations and conclusions of the Phase I.

12. Prior to the issuance of any building permit for the project, all relevant documents shall be revised to reflect the final unit count and any other changes or modifications directed and approved by the Zoning Commission, as necessary, including, but not limited to, the Housing Affordability Plan and Full Site Plan set.

13. The Applicant shall reserve right-of-way, for future dedication at the request of the Town and/or the Connecticut Department of Transportation, a 10-foot-wide area for a future sidewalk along the Hopmeadow St. frontage.

14. The project proposes a maximum of 102 total parking spaces for 64 residential units. The parking ratio is 1.59 spaces per unit. The standard parking ratio in the Town wide Simsbury Zoning Regulations are 2 spaces per residential unit, regardless of unit type. The site plan does not provide areas for overflow parking nor does it provide parking for guests or visitors. Therefore, parking is likely to overflow onto Hopmeadow St. (Route 10) creating an extremely unsafe condition for residents of the project and the public and introduces vehicular conflicts with parked vehicles along a heavily travelled corridor. There is limited shoulder area along this stretch of Hopmeadow St. therefore, the number of units is limited to 48 units on three floors.

Ms. Erickson seconded the motion.
VOTE: Ryan - aye; Elliott - nay; Erickson - nay; Gray - aye; Madigan - nay; Beinstein -
aye.
Motion failed to pass 3-3-0