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09/20/2021 Zoning Commission Minutes

Meeting date: 
Monday, September 20, 2021

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, September 20, 2021 at 7:00PM

Meeting Held Via Zoom

 

PRESENT:     Regular Members: Dave Ryan, Michael Doyle Bruce Elliott, Kevin Gray, and

Anne Erickson

            Alternate:  Diane Madigan

 

ABSENT:        Regular:    Donna Beinstein

Alternate:  Shannon Knall and Melissa Osborne

 

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

                               

I. CALL TO ORDER 

 

      1.  APPOINTMENT OF ALTERNATES 

 

II. APPROVAL OF MINUTES of the July 19, 2021 regular meeting minutes  

 

III. PUBLIC HEARING 

 

  1. Applications 

 

  1. Application #21-19 of 34 Hopmeadow Street Realty Co. LLC; owner, David Ziaks PE, Applicant; Application for special exception pursuant to Section 5.5 of the Zoning regulations, special exception is for the expansion of the existing medical marijuana production facility per plans provided, at the property located at 34 Hopmeadow Street (Assessor MapE19, Block 117, Lot 001C) Zone PAD
  2.  

Dave Ziaks PE presented site plan to the commission. The plan is for a 40,000 square foot addition to the existing facility located at 34 Hopmeadow Street. Rich Kaiser reviewed the architectural plans with the commission

 

Dave Ziaks reviewed the criteria for granting a special exception and noted all the areas that the proposal has demonstrated compliance. He also referenced the staff report and agreed with the areas noted there along with the supporting documentation provided with the application.

 

B.Elliott asked for clarification regarding the comments from the Town Engineer regarding drainage. D.Ziaks noted that the plans will not alter existing drainage patterns and they will address the areas of which Jeff Shea asked for more information or follow up by the applicant.

 

B.Elliott expressed his concern as for the status of the environmental cleanup for the site. He noted that the commission has heard in the past that the cleanup is ongoing however he wanted a more detailed update. Chairman Ryan noted that the clearn-up is subject to CTDEEP oversight and a lot of the work is result of legacy issues associated with the utility company.

 

Kristen Tangarone of Curaleaf noted that Eversource is responsible for the clean-up and has checked in routinely with the monitoring sites.

 

B.Elloitt asked whether building colors were endorsed by DRB. D.Ziaks stated that the colors are final and that they were approved by the DRB.

 

D.Madigan asked about staffing and whether the expansion will result in more employees. Kristen Tangarone noted that the first round of expansion was completed when the company moved to the current location that resulted in an increase as previously presented to the commission. The expansion will result in the hiring of an additional 40 employees for the location.

 

Chairman Ryan asked if there were any members of the public that wished to speak. No one came forward.

 

MOTION: M.Dolye made a motion to close the public hearing, A.Erickson seconded the motion. The motion passed (6-0), the public hearing was closed at 7:32pm.

 

IV. OLD BUSINESS 

 

  1. Applications 
    1. none

  

V. NEW BUSINESS 

 

  1. Applications
  1. Application #21-19 of 34 Hopmeadow Street Realty Co. LLC; owner, David Ziaks PE, Applicant; Application for special exception pursuant to Section 5.5 of the Zoning regulations, special exception is for the expansion of the existing medical marijuana production facility per plans provided, at the property located at 34 Hopmeadow Street (Assessor MapE19, Block 117, Lot 001C) Zone PAD

MOTION: M.Doyle made a motion to approve the application subject to the following conditions:

Pursuant to Section 12.1 of the Zoning Regulations, the Commission makes the following findings for issuance of the special exception:

 

1.          Orderly Development

The subject property is located within a Planned Area Development with the underlying zone industrial. The addition and use is consistent with the underlying zoning district and development patterns of the surrounding area.

2.          Property Values

The proposed expansion will result in an increase of taxes and have a positive effect on the surrounding area.

3.          Public Safety

The applicant has demonstrated thru the operation of the current facility that the use does not pose a danger to the public.

4.          Traffic Considerations

The proposed use is less intensive than the previous existing utility company. The site has sufficient onsite parking to support the existing operations along with the expansion.

5.          Landscaping and Buffers

The addition to the building will be located off the north western corner of the building. The applicant has committed to maintaining existing limits of vegetation in order to provide additional screening of the addition.

6.          Relationship to Utility Systems, Drainage Systems and Impact on Community Facilities

The site is served by both public water and public sewer. There are no issues with WPCA or the water service provided with the planned expansion.

 

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. Existing downstream drainage system is to be inspected and cleaned (if necessary). Documentation that said inspection and/or work is completed is to be provided in writing to the Town Engineer.
  2. Additional test pits and soil permeability tests need to be performed in the area for the proposed subsurface feature.
  3. Infiltration structures should be designed to completely drain the water quality volume into the soil within 48 hours after the storm event. Although calculations have been provided using TP-4 data from the adjacent Talcott Mountain Self Storage site to the north, provide hydraulic calculations showing conformance with this standard with the test pit data including groundwater elevation for this parcel.

 

Final plans shall incorporate the following modifications:

 

  1. Additional all weather access for purposes of fire access to be provided along the western and northern elevation of the addition. The location, treatment, and width of the access way is to be approved by the Fire Marshal.
  2. Indicated separating distance between propose addition and infiltrator system.
  3. Catch basin that connects infiltrator system to existing drainage system is to be removed from the plans and replaced with a dry well.
  4. Additional evergreen plantings along the addition’s western elevation facing Hopmeadow Street are to be added in order to fill landscaping gaps between existing vegetation per recommendation of the Design Review Board.

 

For issuance of administrative zoning permit/building permit

 

  1. 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. Pre-Construction meeting is required. Applicant is to schedule meeting with applicable town staff before site work starts.
  3. 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.
  4. 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.

 

D.Madigan seconded the motion. The motion passed (6-0).

 

VI. GENERAL COMMISSION BUSINESS 

 

  1. LEGISLATIVE UPDATE
    1. Zoning Re-Org Bill

 

M.Glidden briefly reviewed the new zoning bill and the implications that it has on the commission.

 

K.Gray asked that correspondence be developed by staff that compares the current regulations to the new statute.

 

Chairman Ryan agreed that correspondence should be developed that help solicit input from the various interested parties.

 

  1. Recreational Cannabis

M.Glidden provided the commission was an overview of the changes which have been made along with the time tables required in order to take action. He noted that the commission has three options, they can do nothing (then the use will be permitted wherever similar ones are currently allowed), they can prohibit the use, or they can regulate it.

 

B.Elloitt noted how so many of the surrounding communities are instituting moratorium in order to determine what they will do. He suggested the commission should do the same.

 

Chairman Ryan stated that while the moratorium is in place this will give the commission and the town time to decide what to do.

 

MOTION: B.Elliott made a motion to schedule a public hearing for 10/18/21 concerning a moratorium for cannabis establishments for the period of one year. D.Madigan seconded the motion the motion passed (6-0).

  1. Correspondence
  2. Regulation Update

                             

V.  ADJOURNMENT 

 

MOTION: M.Doyle made a motion to adjourn, A.Erickson seconded the motion. The motion passed (6-0), the meeting was adjourned at 8:23pm.

 

 

 

Submitted by

 

 

 

Michael Glidden CFM CZEO

Acting Clerk