07/17/2023 Zoning Commission Minutes

DRAFT MINUTES

Meeting Date: July 17, 2023
ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING – SUBJECT TO APPROVAL
MONDAY July 17, 2023 at 7:00 P.M.

I. CALL TO ORDER & ROLL CALL

Chairman Ryan called the meeting to order at 7:00 P.M.

Present: Donna Beinstein, Tony Braz, Bruce Elliott, Anne Erickson, Diane Madigan, Melissa Osborne, David Ryan, Tucker Salls
ALSO PRESENT: Planning and Community Development Director George McGregor, Assistant Director of Planning and Development Brittany MacGilpin, and Commission Clerk Cara Blackaby
II. APPROVAL OF MINUTES

June 21, 2023 regular meeting
• Mr. Braz asked for the June 6, 2023 meeting minutes to be amended to note his vote as an abstention as opposed to an aye. He also noted that the vote count for the motion to adjourn should be 6-0-0 as opposed to 5-0-0.
• Mr. Elliott recommended editing the June 21, 2023 minutes to include “Commission pointed out that the presentation failed to address affordable housing or to include a commitment to mixed use development in that zone” to line 85.

MOVED: Ms. Erickson moved to approve the Minutes as amended. Ms. Beinstein seconded the motion.
VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan aye.
Motion passed 6-0-0.

III. ELECTION OF OFFICERS
Open Vice-Chairman Position
• Chairman Ryan asked the Commissioners for nominations for the open Vice-Chairman position. Ms. Beinstein nominated Tony Braz. Ms. Madigan nominated Bruce Elliott.
• All in favor of Mr. Braz: Beinstein – aye; Braz – aye; Erickson – aye; Ryan aye.
• All in favor of Mr. Elliott: Elliott – aye; Madigan – aye.
• Mr. Braz was voted in as Vice Chairman (4-2-0).

IV. POCD UPDATE
Plan of Conservation and Development Process Update
• Mr. Glen Chalder presented an update of the POCD process, noting there was a public meeting on June 27, 2023 with good attendance and comments. The document is being updated to address these comments in preparation for the Planning Commission’s August meeting. There will likely be a public hearing for adoption in late September. Individual Commissioners may be asked to assist with prioritization of items in late August via an envelope in the mail.

V. NEW BUSINESS – Site Plan Applications

Application ZC #23-25 of Ensign-Bickford Aerospace & Defense, LLC., Owner, Gus Jasminski, Applicant, for a site plan amendment pursuant to section 11 for a +/-24,000 sq. ft. expansion to the parking lot of Ensign-Bickford Aerospace & Defense at 100 Gristmill Road (Assessor’s Map G11 Block 103 Lot 005-25), zone I-2.
• Mr. Jasminski, Applicant, addressed the Commission noting that the request is for 52 parking spaces. The site has a long access driveway that is not visible to surrounding neighbors. He has been working with Town Engineering on the project plan, noting there are still comments from the Town Engineer that are being addressed and which will be a condition of approval.
• Mr. Jasminski noted that the neighbors are several hundred feet away and down elevation, but that the land is very dry and there is no concern with drainage or run-off issues.

MOVED: Ms. Beinstein moved to approve ZC 23-25, 100 Grist Mill Rd., an application for a site plan amendment pursuant to Section 11 of the Zoning Regulations to permit a +-24,000 sq.ft.
expansion (+-52 spaces) of an existing commercial parking lot restaurant at 100 Grist Mill Rd.
(Assessor’s Map G11 Block 103, Lot 005-25, in the I-2 Zone, subject to the following conditions:

1. The project shall be developed in substantial conformance with the Site Plant Set dated 6/5/23, REVISED 7/7/23, prepared by Godfrey, Hoffman, Hodge.
2. Prior to the issuance of a building permit for this project, the Applicant shall submit to the Town of Simsbury an Erosion & Sediment Control Bond, in a form acceptable to the Town, in the amount of $12,000.
3. Prior to the release of any bonds for this project, the Applicant shall submit 2 sets of mylars and one paper set for signature and recordation.

Ms. Erickson seconded the motion.

VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

Application ZC #23-30 of Simsbury Historical Society, Owner, Robert Moody, Applicant, for a site plan amendment pursuant to section 11 for a +/-360 sq. ft. blacksmith shop at 800 Hopmeadow Street (Assessor’s Map G10 Block 227 Lot 001), zone SC-1.
• Mr. Braz recused himself and exited the room.
• Mr. Moody, Applicant and President of the Simsbury Historical Society, addressed the Commission and introduced Dagne Griswold, resident of 21 Corey Rd and member of the Simsbury Historical Society, to present the project.
• Mr. Griswold explained that an auxiliary building is proposed that will be a blacksmith shop and will house indigenous people exhibits. It will be a post and beam building from Country Carpenters.
• There will be a round metal vent pipe that will vent to above the roof and there will be a high ceiling over the area where the forge is.
• Mr. McGregor noted that a building permit will be obtained and that the Design Review Board has provided the Commission with a positive recommendation.

MOVED: Ms. Madigan moved to approve Application ZC #23-30 of
Simsbury Historical Society, Owner, Robert Moody, Applicant, for a site plan amendment
pursuant to section 11 for a ± 360 sq.ft. blacksmith shop at 800 Hopmeadow Street (Assessor’s
Map G10 Block 227 Lot 001), zone SC-1, based on the following findings:

A. Recommendations from appropriate local, regional, state, and federal departments, agencies, and organizations. This application was not referred to any outside entities. The Building Division staff will review the required building permit information once submitted.
B. Compliance with all applicable and relevant portions of this Code and the Simsbury Zoning Regulations. Staff finds the proposal complies with all requirements of both the Center Code and Simsbury Zoning Regulations.
C. Compliance with the approved Regulating Plan and Height Map, which have been adopted by the Zoning Commission and are therefore part of the Simsbury Plan of Conservation and Development- The proposed structure meets the Regulating Plan and Height Map.
D. Compliance with the letter and intent of this Code- Staff finds the proposal meets the letter and intent of the Center Code.
E. The extent to which the application meets the intent of the Simsbury Center Charrette Report (June 2010) especially as outlined in Chapter 4, Town Center Vision on pages 25-44--The proposal meets its intent.

And is subject to the following conditions:

1. The project shall be developed in substantial conformance to the Site Plan titled, “Preliminary Design, Master Plan for 800 Hopmeadow Street-Simsbury, CT, dated October 26, 2018.
2. An administrative zoning permit is required prior to the issuance of a building permit.

Mr. Elliott seconded the motion.

VOTE: Beinstein – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 5-0-0.

VI. PUBLIC HEARING AND/OR PUBLIC ACTION ON APPLICATIONS

Application ZC#23-18 of Dorset Crossing, LLC, Owner, David Ziaks, Applicant, for a modification to the Dorset Crossing PAD Master Plan and Zone Change to modify lots A, F, and H pursuant to section 8 of the Simsbury Zoning Regulations at 30 Dorset Crossing (Assessor’s map I04 Block 403 Lot 013-A).
• Mr. McGregor commented that the public hearing was advertised in the Hartford Courant on July 6, 2023 and July 13, 2023.
• Dr. Anthony Giorgio, Managing Director of Keystone Companies, provided an overview of the project which will be to modify lot H to allow for 72 multi-family units divided among three buildings. Lot F will remain retail, and Lot A will continue to be medical, but he would also like to introduce the opportunity for retail as well. Given the changes in the market, commercial vacancies remain high while the demand for housing is increasing. 10% of the units will be designated as affordable. This results in 8 affordable housing units.
• Commission discussed whether there is an opportunity qualify for 8-30g funding by increasing the amount of affordable housing units or to convert existing units to affordable housing to assist with the Town’s goal to achieve 30% affordable housing. Mr. Giorgio noted that he is not the owner of the existing units, and it is not financially viable to offer additional affordable housing units.
• Mr. Giorgio commented that several local and regional individuals have expressed interest in developing the project and are aware of the commitment of 10% affordable housing units. He is reasonably confident he can find a developer for the project.
• The Commission discussed what means are available to ensure 10% affordable housing is achieved in the event of unforeseen circumstances. Mr. McGregor noted that a site plan and an affordability plan will be submitted at a later date, which will include 10% affordable housing commitment and further details and language to secure that. Town Staff will review those documents with the Town Attorney. There was discussion of how to allocate the affordable housing units among the buildings and to ensure that when renter income goes up and the rental rate on their unit goes to market, that the next available unit will be designated as affordable.
• The Commission discussed Lot A. Mr. Giorgio explained that it is designated as medical use but has received inquiries for retail activities.
• Chairman Ryan opened the meeting for public comment. There were no public comments.

MOVED: Mr. Elliot moved to close public hearing. Ms. Erickson seconded the motion.
VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

MOVED: Mr. Elliot moved to approve ZC 23-18, 30 Dorset Crossing, an application for a
modification to the Dorset Crossing PAD Master Plan (Assessor’s Map I04 Block 403, Lot 013-
A, Zoned PAD, subject to the following findings and conditions:

Findings
• The proposed PAD amendment substantially meets the review factors and criteria set forth in Section 8 of the Zoning Regulations and that the Applicant submission has substantially established consistency with the Findings for PAD Approval also found in Section 8 of the Zoning Regulations.

Conditions
1. The project shall be developed in substantial conformance with the Master Development Plan dated 12-3-21, REVISED 4/25/23, prepared by F.A. Hesketh & Associates
2. The Applicant shall submit 2 sets of mylars, and one paper set for signature and recordation.
3. The project shall provide a minimum of 10% of the total units in Lot H as affordable units consistent with Section 8-30g of the state statutes. A full affordability plan, consistent with State Statutes, shall be submitted for review no later than the time of submission of a site plan application for any development in Lot H. Final mylar publication and paper copy of the plan set shall reflect this commitment in the Zoning Tabulation/Master Plan Development Data for Lot H.

Ms. Madigan seconded the motion.

VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

Application ZC#23-24 of Prospect Enterprises, LLC, Owner, Paul Vitaliano of VHB, Applicant, for a Special Exception pursuant to section 4.4 to allow up to a 50% increase to the maximum coverage allowed in the B-2 zone and Special Exceptions pursuant to Section 4.5 to permit a +-4,500 sq. ft. restaurant, a +/-2,325 sq. ft. restaurant as part of the site plan along with a +/-11,600 sq. ft. retail building and a drive-up ATM at 1263 Hopmeadow St. formerly Wagner Ford (Assessor’s Map 105 Block 403 Lot 018), zone B-2. (Hearing continued from 6/21).
• Mr. McGregor received a request from the Applicant for an extension to continue the public hearing to the September 6, 2023 regular meeting of the Commission.
• Chairman Ryan opened the meeting for public comment.
• Lori Boyko, resident of 15 Oakhurst Road, requested the Commission to keep the public hearing open for commentary at the September 6, 2023 meeting.

MOVED: Ms. Erickson moved to continue ZC 23-24, 1263 Hopmeadow St., an application for site plan and special exceptions, to the September 6, 2023 Regular Meeting. Mr. Braz seconded the motion.
VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

Application CC#23-26 of Raising Cane’s Restaurant, LLC, Owner, T.J. Donahue, Applicant, for a special exception and site plan amendment pursuant to section 4 for the construction of a +/-3,284 sq. ft. restaurant at 530 Bushy Hill Road (Assessor’s map B20 Block 508 Lot 001-B), zone B-3.
• Mr. McGregor commented that the public hearing was advertised in the Hartford Courant on July 6, 2023 and July 13, 2023.
• T.J. Donahue, Applicant representing Raising Cane’s Restaurant, addressed the Commission noting that the Design Review Board has provided a positive review.
• Jeff Bord, of Bohler Engineering, provided an overview of the project, noting that most of the project is within Simsbury while a small portion is within Avon.
• The Commission discussed the letter received from the Fire Marshal. Mr. Bord explained that the turn under question was tested, and a fire engine was able to safely make the turn. This evidence will be provided to the Fire Marshal. Mr. McGregor noted that the Town Engineer and the Police Chief agreed that the turn is difficult and would prefer an alternative but did not recommend a re-design. The Commission would like to add the Fire Marshall’s sign-off as a condition of approval.
• Chairman Ryan opened the meeting for public comment.
• Ellen Gilbert, resident of 126 Hopmeadow Street, voiced concerns with the traffic flow and the crisscross between the restaurant and the neighboring bank ATM drive-through.
• The Commission pointed out that while some towns are banning drive throughs because of concerns with carbon emissions, traffic issues and pedestrian conflicts, this location is already a major road with traffic flow and does not have pedestrian conflicts.

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

MOVED: Ms. Madigan moved to approve ZC 23-26, 530 Bushy Hill Rd., an application for a special exception and site plan pursuant to Section 4 and Section 11 of the Zoning regulations to
permit a +-3,284 sq.ft. restaurant at 530 Bushy Hill Rd. (Assessor’s Map B20 Block 508, Lot
001-B, in the B-3 Zone, subject to the following findings and conditions:

Findings

1. The project satisfies both site plan and special exception standards found in Section 11 and Section 4, respectively.

Conditions

1. The project shall be developed in substantial conformance with the Site Plant Set dated 1/23/22, REVISED 7/7/23, prepared by Bohler Engineering.
2. The project shall be developed in substantial conformance with the Architectural Plans dated 4/19/23, prepared by ADA Architects.
3. Prior to the issuance of a building permit for this project, the Applicant shall submit to the Town of Simsbury an Erosion & Sediment Control Bond, in a form acceptable to the Town, in the amount of $8,000.
4. Prior to the release of any bonds for this project, the Applicant shall submit 2 sets of mylars and one paper set for signature and recordation.
5. Prior to the issuance of a building permit for the project, the Applicant shall revise the site plan set per the recommendations of the Town Engineer, as depicted in the Engineer’s letter dated 7-17-23.
6. Prior to the issuance of a building permit, the Applicant shall address the concerns found in the memo from the fire Marshall dated July 12, 2023.

Mr. Braz seconded the motion.

VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

Application CC#23-27 of Simsbury Zoning Commission, Applicant, George McGregor, Agent, for a text amendment to Simsbury Zoning Regulations pursuant to Sections 4.5, 5.5, and 17.4 and the establishment of a new section 8.7 to allow mobile food vendors as an accessory use in business, industrial, and planned area development districts.
• Mr. McGregor reviewed the draft text amendment with the Commission, noting that the revision would allow mobile food vendors at all commercial establishments where there are food and beverage uses.
• The Commission discussed whether to change the wording to include home-made mobile vehicles.
• Chairman Ryan opened the meeting for public comment.
• Angelica S., Store Manager of Tractor Supply, was concerned about a Commission member that approached and yelled at customers because of the food truck in the parking lot during a monthly event. She wanted clarification of the definition of a community event which would allow for a mobile food vendor. She noted that surrounding Tractor Supply stores in the state hold similar events with food trucks.
• Mr. Nelson, a residential and building developer, noted that residential developments, such as Carson Way and High Croft, have community block parties with a food truck, and he would like to understand if this is permitted.
• Mr. McGregor clarified that private events are permitted to have food trucks and are not regulated under this language.
• Lori Boyko, resident of 15 Oakhurst Road, noted that she is in favor of food trucks but that they need to be regulated and kept within specific business zones. She is concerned that the current draft provides business advantages to some business owners while disadvantaging others.
• The Commission discussed whether the current language addresses events like those held at the Tractor Supply store. Mr. McGregor noted that this type of mobile vendor would not be allowed based on the current language. The Commission discussed the need for more time to review the draft.

MOVED: Mr. Beinstein moved to continue public hearing to the September 6, 2023 meeting. Mr. Elliott seconded the motion.
VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

Application CC#23-28 of Simsbury Grist Mill, LLC, Owner, Chris Nelson, Applicant, for a special exception and site plan amendment pursuant to section 8.6 for a restaurant liquor permit and to permit a +_300 sq. ft. tent with service counter in the parking lot of Millwright’s Restaurant at 77 West Street (Assessor’s Map F11 Block 103 Lot 005-21), zone PAD.
• Mr. Nelson, Applicant, addressed the Commission explaining that he is requesting a modification of the existing approval to allow for a liquor permit and a tent with a service counter.
• Chairman Ryan opened the meeting for public comment.
• Lori Boyko, resident of 15 Oakhurst Road, vocalized concerns with the number of special exception requests made to the Commission. She is concerned with the dumpsters, trash cans, reduced parking, and blow-up cactus on-site. She is also concerned with the impact this has on abutting property values.

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

• The Commission discussed with Town Staff whether the Applicant is in compliance with Town regulations. Town Staff responded that they have worked with the Applicant to address any compliance issues, and the Town Staff is not aware of any existing infractions.

MOVED: Mr. Braz moved to approve Application ZC #23-28 of Simsbury Grist Mill, LLC,
Owner, Chris Nelson, Applicant, for a Special Exception pursuant to Section 8.6 of the Simsbury
Zoning Regulations to allow the selling of alcoholic beverages from the approved food truck at
Millwright’s Restaurant 77 West Street (Assessor’s Map F11 Block 103 Lot 005-21), 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.

And based upon the following finding:
1. The Application is not expected to have any negative impacts on the above considerations.

Ms. Erickson seconded the motion.

VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

MOVED: Mr. Braz moved to approve Application ZC #23-28 of Simsbury Grist Mill, LLC,
Owner, Chris Nelson, Applicant, Site Plan Amendment pursuant to Section 11 of the Simsbury
Zoning Regulations for a +/- 300 s.f. tent with service counter in the parking lot of Millwrights
Restaurant at 77 West Street (Assessor’s Map F11 Block 103 Lot 005-21), based upon the
following findings:

1. The Application meets the site plan requirements set forth in Section 11 of the Zoning Regulations.

And is subject to the following conditions:

1. The project shall be developed in substantial conformance to the Site Plan titled, “Simsbury Grist Mill-Covered Bridge Reconstruction, Deck Removal, Seasonal Food Truck Placement with Lower Level Dining, revised on 6/9/2023, prepared by Loureiro Engineering Associates.
2. An administrative zoning permit is required prior to the issuance of a building permit.

Ms. Erickson seconded the motion.

VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

Application CC#23-29 of Julie & Nevin Christiansen, Owners, for a special exception pursuant to section 3.4 for a church/school use located on Flamig Farm at & Shingle Mill Road (Assessor’s Map B11 Block 404 Lot 010), zone R-40.
• Ms. Erickson inquired if she should recuse herself as she lives down the street from Flamig Farm. The Commission noted that there is no conflict of interest and she did not need to recuse herself.
• Nevin Christiansen, owner of Flamig Farm, provided an overview of the project that will re-purpose an existing chicken coop for use as an indoor space for children to learn.
• Kelly Shumacher, employee of Flamig Farm, will run the children’s ministry, which is a school for children ages 3-9 that will run from Monday-Friday. It will be designated as a Private Members Associates (PMA) and is an unincorporated ministry that is tax-exempt. There are no regulations around homeschooling. Homeschooled children will be able to attend and learn about creation, farming and the environment.
• Chairman Ryan opened the meeting for public comment. There were no comments from the public.

MOVED: Ms. Beinstein moved to close the public hearing. Ms. Erickson seconded the motion. VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

MOVED: Ms. Beinstein moves to approve Application ZC #23-29 of Julie & Nevin Christensen, Owners, for a special exception pursuant to Section 3.4 for a church/school use located on Flamig Farm at 7 Shingle Mill Road (Assessor’s Map B11 Block 404 Lot 010), zone R-40, based on the following findings:

• Orderly Development—The use is permitted in this zone. There is no footprint change
• proposed with this application. Only interior work to one of the buildings on site is necessary. Building permits will be required for the proposed work.
• Property Values—No change in property values is expected.
• Public Safety—No public safety concerns are expected.
• Traffic Considerations-- Current parking on site meets this requirement Changes to the
• parking lot entrance and exit were modified previously, and the applicant will be submitting a Site Plan at a later date for Zoning Commission review and approval of this modification to the parking area.
• Landscaping and Buffers—No landscaping or buffer plan is required or proposed at this time.
• Relationship to Utility Systems, Drainage Systems, and Impact on Community Facilities—No impact to these systems is expected.

And based upon the following finding:
1. The Application is not expected to have any negative impacts on the above considerations.

Mr. Madigan seconded the motion.

VOTE: Beinstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

VII. GENERAL COMMISSION BUSINESS
• Mr. McGregor provided an update on the Vessel Holdings lawsuit, noting that the Town Attorney is in the scheduling phase and an update will be provided. The Commission requests that an update on the merits of the suit be made to the Commission.
• The Commission discussed the general topic of residential development, and Mr. McGregor noted that this will be an agenda item for the September 6, 2023 meeting.

VIII. ADJOURMENT

MOVED: Ms. Erickson moved to adjourn. Mr. Braz seconded the motion.
VOTE: Bernstein – aye; Braz – aye; Elliott – aye; Erickson – aye; Madigan – aye; Ryan – aye.
Motion passed 6-0-0.

The meeting adjourned at 9:56 P.M.

Respectfully Submitted,

Cara Blackaby
Commission Clerk