07/19/2021 Zoning Commission Minutes

Subject to Approval

ZONING COMMISSION- REGULAR MEETING MINUTES

MONDAY, JULY 19, 2021

The meeting was hybrid at the Simsbury Public Library - Program Room and

Web-based on Zoom at https://zoom.us/j/2574297243

Meeting ID: 257 429 7243

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

Appointment of Alternatives:  None

In Person Present:  Present: David Ryan, Kevin Gray, and Bruce Elliott

Remote Present:  Michael Doyle, Anne Erickson, Diane Madigan, Donna Beinstein, Melissa Osborne

Absent: Shannon Leary Knall

II. APPROVAL OF MINUTES of the June 21, 2021 regular meeting minutes

      Mr. Elliott made a Motion to approve the minutes of the June 21, 2021 meeting as submitted.  Seconded by Mr. Gray.  Motion passed unanimously

III.       PUBLIC HEARINGS

1. Application #21-15 of Avon Marketplace Investors LLC, owner; Dave Symonds, Applicant; for a special exception pursuant to Section 4.5 of the zoning regulations for a change of use from retail to educational (Russian School of Mathematics) at the property located at 530R Bushy Hill Road (Assessor Map B20, Block 508, Lot 002A) Zone B-3

The applicant Dave Symond’s of Moser Pilon Architects located at 30 Jordan Drive, Wethersfield presented the application.  The proposed changes to the tenant space consist of only interior changes.  Specifically converting retail (formerly Pet Value) into an educational use an after school tutoring and supplemental mathematics enrichment program.   This use would have occupancy of 72 students and 10 staff.   The physical changes to location would include the construction of classrooms, a teacher’s lounge and one bathroom.  No sign package is proposed at this time. 

Mr. Elliott inquired if the school had other locations.  Niyaz Skakron, Project Manager for the Russian School explained that this is the third location within Connecticut.  The school will educate elementary and middle school students in a mathematics enrichment program with the hours of operation being 3:00 pm – 9:00 pm on weekdays and 8:00 am – 6:00 pm on the weekend. 

No public comment was received for this application.  Motion to close the public hearing was made by Mr. Gray, seconded by Mr. Doyle.  Motion passed unanimously. 

1. Application # 21-16 of Stardust LLC Owner; LADA PC LLC, Agent; for a special exception pursuant to Section 4.5 of the zoning regulations for the construction a self-storage facility at the property located at 20 Tariffville Road (Assessor Map I06, Block 439, Lot 016A) Zone B-1

Terri Ann Hahn of LADA presented this application.  Ms. Hahn explained that the property is currently occupied by the Old Well Restaurant with four existing structures on the property, two residences, a restaurant and a garage.   The application is for the construction of 11 single story buildings totaling approximately 48,000 square feet of self-storage on a 12.7 acre lot.  The building heights vary with a maximum height of 15’ for one building and the remaining building heights vary from 10-12’.  Ms. Hahn discussed that this self-storage proposal as come before the Zoning Commission previously for a preliminary discussion.  This application has been altered since that discussion incorporating the input of the Town Engineer.  One of the main changes is the addition of an automated kiosk and the change to entrance off Tariffville Road.  This application proposes the following work within the upland review area: Construction of an infiltration basin, 25’ wide filter strip, plantings, replacement of RCP storm pipe and reset, installation of new plunge pool.  The applicant has secured approval from the Simsbury IWWA/Conservation Commission on May 18, 2021.  

Mr. Glidden informed the Commission that this application has received a favorable recommendation from the Design Review Board.

Ms. Hahn detailed the planting plan and explained the changes being made to current parking area.  This includes bringing the ADA spaces up to code.   The proposed lighting is LED and dark sky compliant. 

Timothy A. Coon, P.E. of J.R. Russo & Associates, LLC presented the erosion and stormwater control measures.  Chair Ryan inquired as to what is considered treatment.   Mr. Coon explained the primary treatment measure is the infiltration basin with the pretreatment measure of the vegetative filter strip for the developed area of the site. 

Ms. Beinstein inquired if a change was made to the Site Plan would it come back before the Commission.  Mr. Glidden clarified that an expansion to the use would go before the Commission.  Chair Ryan inquired about the timeline.  Mr. Glidden explained that they have ten years with extensions. 

No public comment was received for this application.

Motion made to close the public mearing made by Mr. Doyle.  Motion was seconded by Ms. Beinstein.  Motion passed unanimously.

1. Application #21-17 of Girard Brothers Corporation, Owner; Chris Nelson, Applicant; for a special exception for alternative compliance plan for the development of a unit multi-family housing development per plans provided to be located at 32 & 36 Iron Horse Boulevard( Assessor Map H09 Block 226 Lot 006 and Assessor Map H09 Lot 226 Map 008+8A)Zone SC-5.

Joseph Williams a Land Use Attorney with Shipman and Goodwin presented this application entitled Barber Cove Apartments.  Mr. Williams gave a brief overview indicating this project is a proposal for 175 apartments units within five buildings and a clubhouse.

Chris Nelson, Nelson Construction located at 75 West Street, Simsbury discussed the history of project.  This stemmed from a charrette process that took place in 2011 about downtown Simsbury.  This location is unique in that is the only location of SC-5 designation within Center Code.  The purpose of the SC-5 designation is to allow for population density downtown.  Mr. Nelson explained the changes within the housing market and how the proposal for rental units fits the needs of the Town.   Mr. Nelson also discussed the green and environmentally friendly elements of this project.

Mark Arigoni of SLR Consultant presented the elements of the site plan.  Mr. Arigoni explained although they are requesting a special exception for alternative compliance he believes the proposal addresses the urban intent behind SC-5 zone even though it deviates from the building setbacks.  The closest building is approximately 25 feet from Iron Horse Blvd.  Rather than having the building closer to the road, a green space was created at the front of the property.  Mr. Arigoni also explained the water quality system and reduction of overall impervious surface. 

Jack Kemper of Kemper Associates presented the architecture features of the project.  These apartments will consist of 15 studio apartments, 83 one bedroom apartments, 57 two  bedroom apartments,  and 20 three bedroom apartments.  The rooflines are of a federal style with some roofs being metal.  Materials for the apartments will include brick and brown stone design elements.  Colors have yet to be determined and the applicants will be returning to the Design Review Board.  Mr. Kemper also presented the features of the Clubhouse.

Mark Argoni mentioned that the team has been in conversations with the Engineering Department and has received favorable comments with respect to the project. 

Greg Ugaldi highlighted the walking trail throughout the property and discussed the public access components.  Mr. Ugaldi also discussed the affordable housing options within this development.  The applicants volunteered  10% to be affordable units to be affordable. 

Mr. Gary inquired if any of the buildings will have elevators.  Mr. Nelson responded negative.   It was further inquired if any of the units were ADA accessible.  Mr. Nelson explained that all first floor units are.  Ms. Erickson indicated having a three story walk up would be difficult for senior population. Mr. Nelson explained the success of another development Highcroft which is also a three story walk up.   

Ms. Osborn inquired about the bike traffic and storage for residents.  Mr. Nelson indicated that every building has a dedicated  area on the first floor for bike/stroller storage.  Mr.   Aragoni discussed signage to alert vehicles of bike traffic and indicated it is a detail that will be worked out. 

Chair Ryan opened the floor to public comment.

Ronald Jodice of Simsbury Economic Development Commission inquired if this will work with the Simsbury Performing Arts Center and state standards for noise. 

Mark Scully of 29 Notch Road commended the developers on behalf on the Clean Energy Taskforce for the willingness engage with the Taskforce.  Mr. Scully supported the sustainable options, particularly the use of mini split heat pumps and not using fossil fuels as a heat source and the potential for rooftop solar.

John Schuyler 24 Brook Drive commented that the original charrette proposed more of mixed-use for the property with possibility for housing ownership. He did not support that this mixed used has been converted to rental apartments.  He further commented the he believes the walk ups will be an issue with the aging population. 

Sarah Nielson, Executive Director of Main Street Partnership voiced support of the proposal indicating this will be the first new construction originating from the downtown charrette.  Ms. Nielson further discussed how downtown housing will benefit the existing Simsbury businesses and that Simsbury continues to receive accolades for being a livable, walkable, sustainable community and this development fits in with that vision. 

Mr. Glidden read four letters into the record.  Missy DiNunno, Executive Director of Simsbury Meadows Performing Arts Center, Bill Clegg and Linda Schofield and Melissa Brett all were  in support of the application.

Mr. Elliott inquired as to the energy efficiency of the proposal.  Mr. Nelson detailed the advantages of the mini-split heat pumps.  The engineering comments were inquired about.  Mr. Glidden summarized the outstanding items.   The applicants requested that the public hearing be closed.

Mr. Ryan polled the Commission on closing the public hearing.  Mr. Gray inquired as to the Design Review Board comments.  Mr. Glidden responded that this application was given a positive referral and that the applicant committed to return for any changes to the design/color scheme.

Mr. Gray made a Motion to close the public hearing on Application 21-17.  Seconded by Mr. Doyle.  All in favor.  Motion passed 6-0-0.

IV.       DELIBERATIONS

1. APPLICATION #21-15

Mr. Gray made a motion to approve Application #21-15 of Avon Marketplace Investors LLC, owner; Dave Symonds, Applicant; for a special exception pursuant to Section 4.5 of the zoning regulations for a change of use from retail to educational (Russian School of Mathematics) at the property located at 530R Bushy Hill Road (Assessor Map B20, Block 508, Lot 002A) Zone B-3 Special Exception Approval is subject to the following condition:

1. An administrative zoning permit is required for the tenant fit out.

Mr. Glidden reviewed the special exception criteria with the commission.  Motion Seconded by Mr. Elliott

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

1. APPLICATION # 21-16

Mr. Gray made a motion to approve Application 21-016of Stardust LLC Owner; LADA PC LLC, Agent; for a special exception pursuant to Section 4.5 of the zoning regulations for the construction a self-storage facility at the property located at 20 Tariffville Road (Assessor Map I06, Block 439, Lot 016A) Zone B-1

Special Exception approval is subject to the following conditions:

Final Plans shall incorporate the following:

General Conditions of Approval

1. An administrative zoning permit is required for the construction of the project.
2. Conditions of approval from the Conservation Commission permit are incorporated into this approval.
3. A pre-construction meeting is required with town staff before start of site work. Applicant is to schedule said meeting with the applicable staff members.
4. Prior to issuance of building permit:

a.         Applicant is to provide copies of CTDEEP storm water (if applicable)

b.         Provide 2 set of mylars for signature by the Chairman. One is to be filed on the land records and one is to be filed with the Engineering Department.

1. The Commission authorizes staff to act on their behalf concerning minor modifications to grading, landscaping, or utility locations. Request for minor site modifications are to be made in writing to Planning Department staff and approved prior to implementation.

Mr. Glidden reviewed the special exception criteria with the commission.  Motion Seconded by Mr. Doyle

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

1. APPLICATION 21-17

Mr. Gray made a motion to approve Application #21-17 of Girard Brothers Corporation, Owner; Chris Nelson, Applicant; for a special exception for alternative compliance plan for the development of a unit multi-family housing development per plans provided to be located at 32 & 36 Iron Horse Boulevard( Assessor MapH09 Block 226 Lot 006 and Assessor Map H09 Lot 226 Map 008+8A)Zone SC-5

Special Exception approval is subject to the following conditions:

Prior to filing of the plans the applicant is address the following items outlined by the Town Engineer:

1. Pond Report as part of Drainage report for the water quality swale needs to be provided
2. Information on whether mottling was observed during test pits
3. Provide follow calculations concerning CN-Value for rooftops and underground storage features

Final plans shall incorporate the following modifications:

1. Show existing crosswalk across Iron Horse Boulevard
2. Suitable sidewalk ramps and areas of refuge need to be provide at the main entrance
3. Plans need indicate stopping sight distance both required and confirmation that minimums have been met
4. Show limits of timber rail that will be removed in order to accommodate northern driveway construction.
5. Add “stop ahead” signs at the northern and southern limits of the property along the bike/pedestrian trail
6. Anchoring details for proposed gazebo
7. Foot bridge sample needs to be included as detail

For issuance of administrative zoning permit/building permit:

1. Written approval for sewer layout, pump house design, and back-up generator from WPCA
2. Copy of any registration with CT DEEP concerning storm water management plan
3. Post erosion and sediment control bond of $5,000.00 cash for project
4. Provide 2 set of mylars for signature by the Chairman. One is to be filed on the land records and one is to be filed with the Engineering Department.

General Conditions of Approval

1. An administrative zoning permit is required for the project.
2. Conditions of Conservation Commission approval are also conditions of approval for the zoning approval.
3. Pre-Construction meeting is required. Applicant is to schedule meeting with applicable town staff before site work starts.
4. Erosion and Sediment control measures are to be reviewed and approved by Code Compliance Officer prior to start of work. Applicant is to provide staff 24 hour notice for scheduling erosion and sediment control inspection.
5. The Commission authorizes staff to act on their behalf concerning minor modifications/changes to the approved site plan as it relates to landscaping, grading, lighting, and utility layouts. Requests for modifications are to be made in writing and approved by staff prior to implementation in the field.

Motion seconded by Mr. Elliott. 

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

V.        NEW BUSINESS

1. Application #21-18 of SL Simsbury LLC, Owner; TJ Donohue Esq. Applicant; for a site plan amendment for the creation of 23 additional parking spaces adjacent to apartment AP-1A and approve road use for emergency fire access to river per plans provided. (Assessor Map F17 Block 154 Lot 009-3-2 ) Zone HFBC.

Mr. Donahue presented this application.  The proposal is  to reconfigure the parking lot at the north east corner of the Ridge at Talcott Mountain.  Previously a site plan amendment was approved to allow the removal of a townhomes and for it to be replaced with an apartment building creating the need for additional parking.    Additionally this application also creates an access road to the river for emergency use and fire access.   Mr. Glidden clarified that he has worked with the Fire District with respect to the access road and they would like it so that they have another access point to the river south of 185. This road would  would require an inland wetlands permit.

Mr. Elliott made a motion to Motion to approve Application #21-18 of SL Simsbury LLC, Owner; TJ Donohue Esq. Applicant; for a site plan amendment for the creation of 23 additional parking spaces adjacent to apartment AP-1A and approve road use for emergency fire access to river per plans provided with the following special conditions:

1. The Commission authorizes staff to act on their behalf concerning minor modifications/changes to the approved site plan as it relates to landscaping, grading, lighting, and utility layouts. Requests for modifications are to be made in writing and approved by staff prior to implementation in the field 
2. Wetlands permit is required for the construction of the new access road. 
3. Administrative zoning permit is required for the construction of new parking area and fire access

The motion was seconded by Mr. Gray

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

VI. GENERAL COMMISSION BUSINESS 

1. Regulation update workshop 

Mr. Glidden briefly discussed the changes to the statues concerning accessory dwelling units would like a discussion at the September meeting.  Additionally a memo may be coming from the Board of Selectmen concerning the new statutes on recreational marijuana and how it should be regulated.  Mr. Glidden discussed the avenues on how it can be regulated via zoning regulations and/or  town ordinance.  Staff will provide more materials with respect to the legislative changes at the next meeting. 

1.  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 9:48pm.