10/05/2020 Zoning Commission Minutes
Subject to Approval
ZONING COMMISSION-MEETING MINUTES
MONDAY, October 5th, 2020
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243
I. CALL TO ORDER - Chairman Ryan called the meeting to order at 7:03 pm.
1. Appointment of Alternatives: N/A
Present: David Ryan, Bruce Elliot, Anne Erickson, Donna Beinstein, Diana Madigan, Kevin Gray, Michael Doyle
Absent: Melissa Osborne and Shannon Leary Knall
II. APPROVAL OF MINUTES of the MONDAY, September 21st, 2020 regular meeting
Chairman Ryan deferred the approval of the minutes and requested to review them with Mr. Glidden prior to voting.
III. PUBLIC HEARINGS
1. None
IV. OLD BUSINESS
1. Applications
A. Application #20-09: of Mark & Ieke Scully/Solectrian LLC for a Site Plan Approval to install solar carports at the property located at 690 Hopmeadow Street (G11 132 053), Zone SCZ (Postponed by Applicant)
Mr. Glidden noted that the architect did not complete the drawings for tonight’s meeting and stated the applicant has requested to continue the application to themeeting on Monday October 19, 2020. No action was needed.
V. NEW BUSINESS
1. Applications
A. Application # ZC 20-10: of 9-15 Albany Turnpike, LLC, Owner; Kevin Solli, Agent for a Site Plan Approval for the development of a 9-15 Albany Turnpike including a gas station/convenience store and electric vehicle showroom, service component with associated parking (Zone B-3)
David Markowitz introduced himself to the Commission as the attorney representing the property owner. This site plan application is for the development of a gas station and convenience store and an electric vehicle showroom in both Canton and Simsbury. Mr. Kevin Solli presented the details of the application indicating that site is located in the southwest corner at the town line between Canton and Simsbury and just north of the town line between Simsbury and Avon. Mr. Solli provided an aerial picture of the property. The applicant is proposing the construction of two buildings, a 8,300 square foot gas station and electric charging station with a convince store, a drive-thru with a coffee shop, a sandwich shop and ice cream shop. The applicant explained this presentation is for the development of the entire property but clarified that only a portion of the project is in Simsbury.
Mr. Solli explained the second part of the project is an electric vehicle showroom and service center. Mr. Solli detailed a two story facility which will be the electric vehicle showroom with up to four electric vehicle manufacturers. Also, Mr. Solli detailed a single story service area with a full movement driveway and traffic signal. Mr. Solli explained the electric vehicle showroom and service area will have a covered area for the electric vehicle charging stations.
Mr. Solli further reported as to the storm water drainage system designed in accordance with the 2004 storm water quality manual complying with both the Town of Simsbury and the Town of Canton’s drainage requirements. He stated grading will need to be done to accommodate the project and they are proposing extensive earth work and removal of material. He also prepared a soil erosion and sediment control plan in accordance with Town of Simsbury and the Town of Canton’s requirements. All underground utilities to service the facility will run up Route 44 in Canton and come up the main driveway to provide sewer, water, electric and gas all from Albany Turnpike.
The presentation included a robust landscaping plan to the Commission. It was indicated that the overall intent is to create something beyond the average gas station with outdoor seating areas, a fire pit with a nice aesthetic. The electric vehicle showroom and service area will have a large landscape island with more outdoor seating.
Mr. Solli presented the lighting plan with elements that are dark sky compliant. The application included a comprehensive traffic impact study understanding that is required to go through the Department of Transportation (DOT) review process.
Mr. Solli informed the Commission that the architectural elevations were presented to the Design Review Board and secured a positive referral from the Board. Mr. Solli presented the elevation levels. He stated on Route 44 they were able to maintain a great area of the existing trap rock elevation. They are trying to create a nice aesthetic for the stabilized rock face wall behind the project. He stated he understands there is an aesthetic to the rock face and will offer some character for both communities. Mr. Solli explained that he has upcoming meetings with the Town of Canton to present the project.
Mr. Gray inquired if you will be able to see the displayed electric cars from Route 44. Mr. Solli affirmed this. Mr. Gray also asked if the panels behind it are translucent or solid. Mr. Millard answered stating they will be a glass window to bring light in but below that will be solid.
Ms. Beinstein noted that it is a great project; however she is concerned with the amount of rock removal and the noise associated with it. Mr. Solli explained that from an excavation standpoint it will take approximately 12 months to 15 months. The goal is to get the convenience store and gas station done sooner. Mr. Elliot requested further clarification and inquired if there will be blasting stating concern for the residents in the neighborhood. Mr. Solli confirmed the project will require blasting but stated blasting will be regulated and in collaboration with the fire marshals in both Simsbury and Canton. Permits from the fire marshals in both towns will be secured and a pre-blast survey is to be conducted with residents and structures within a specified radius. Mr. Solli further explained notices will be sent to all properties concerning the blasting schedule and readings will be taken to verify nothing exceeds what is permissible. Mr. Solli explained that blasting is regulated. Mr. Elliot stated concern over previous blasting that occurred on Maureen Drive and on West Mountain Road with residents who complained about problems with their wells after the expansion of the parking area at the Hoffman auto parts. Mr. Elliot further inquired to Mr. Solli about the removal process of the rock/rubble. Mr. Solli clarified that the proposal is for Monday through Saturday with adjusted hours on Saturday starting at 9am with no blasting or rock removal Sundays or holidays. He stated they want to do that to spread it out throughout the day so there is no rush of construction vehicles. Mr. Solli stated they want to minimize any issues with disruption of the construction vehicles. Mr. Elliot then asked what access ways the trucks will be using. Mr. Solli responded they are proposing a route on Brass Lantern Road on the Canton side of the project. Mr. Elliot stated he was surprised there was going to be a fire pit at the gas station. Mr. Solli noted this isn’t a normal gas station.
Mr. Doyle asked is this site going to be built in phases or is it going to be built at once. Mr. Solli stated due to the amount of earth work there could potentially be a point in time where they open the gas station and convenience store while the electric vehicle showroom is being built. Chairman Ryan asked for the time frame. Mr. Solli stated they are optimistic and have approvals from both the town of Simsbury and Canton along with DOT. He stated they are hoping to get this started in early to the middle of 2021.
Chairman Ryan asked about the number of yards for the material they have to remove. Mr. Solli stated it is somewhat fluid because they have been making modifications to the design. He explained there is about 80,000 yards of material that has to get excavated to accommodate the development. Chairman Ryan asked about the maintenance area, specifically with having 4 competing dealers in one maintenance area and asked how that gets portioned. Mr. Solli stated that is going to be operated independently from the sale or showroom and will be specifically for anyone who has electric cars.
With no further questions from the Commission. Chairman Ryan inquired if Mr. Glidden would like to point out anything from the staff report. Mr. Glidden stated the Design Review Board reviewed this application this evening and gave a favorable recommendation. He also clarified the staff report it outlines the approved hours of site prep to process removal of rocks with it being Monday through Friday 7am-5pm and Saturdays 9-5pm, no work on Sundays and holidays. Chairman Ryan inquired if the town engineer was in approval. Mr. Glidden stated it was reviewed and received the approval of the town engineer Mr. Shea. Mr. Elliot requested comment from Mr. Shea in the future. Chairman Ryan asked the Commission if they are in agreement for approval of this proposal. Mr. Elliot, Mr. Gray and Mr. Doyle all reported being in support of this application.
Mr. Gray made a motion to approve application ZC 20-10 of 9-15 Albany Turnpike, LLC, Owner; Kevin Solli, Agent for a Site Plan Approval for the development of a 9-15 Albany Turnpike including a gas station/convenience store and electric vehicle showroom, service component with associated parking (Zone B-3) and that they approve the development subject to the conditions noted in attachment A. Mr. Doyle Seconded. Discussion: Ms. Beinstein noted they should be adding holidays to section 5C in the staff report. Unanimously approved (6-0-0)
B. Application # ZC 20-11: of Twenty Two GC 2012 LLC, Owner; Chris Millard, Agent for a Site Plan Amendment for an addition to the existing Andy’s Plaza and site improvements (Zone SC-1)
Mr. Milliard was present and Terri Ann Hahn from the LADA PC Land Planners presented the application. Ms. Hahn stated the site is known as Andy’s Plaza on Hopmeadow Street and Iron Horse Blvd; 3.5 acres in size, Zone SC1, on Hopmeadow Street and Zone SC4 as it faces Iron Horse Blvd. Ms. Hahn explained the property is a little over 4,300 square feet and detailed the proposed renovation to the plaza. She presented the existing photos provided in the application. Mr. Millard explained this building still remains as an existing single tenant building and there is also the liquor store on the right side that will remain. He stated the large tenant; the grocery store will be divided up into a restaurant with a drive thru, office spaces and retail space. Mr. Millard explained they are looking to construct a small addition including a drive thru addition to the restaurant. He stated immediately to the right of the addition would be a corridor which will allow for tenants to get to the trash and space for the tenants to get to the office spaces. He further explained no major renovations are currently being proposed. The current proposal is to reconfigure the existing building. He stated the building facade will remain the existing facade, but they will paint the brick, add new roofing and trim to highlight a few areas to soften the appearance.
Mr. Millard further explained that the store fronts will receive new doors with the ceiling of the colonnade is to be refreshed with new material and new lighting. Mr. Millard stated each tenant will apply for their own signage permits. Mr. Millard presented the Commission with the list of materials they will be using to update the outside of the building. Ms. Hahn clarified they are proposing minimal changes to the site plan, including the new drive thru and drive thru window. She stated they will be removing impervious surface and adding additional grass and planting areas along with providing for the new queue for the drive thru accommodating 14 cars. Ms. Hahn explained that in the future they intend to have seating in the center island, but it is just plantings at this current time.
Mr. Gray asked if a fence can be put up to keep people from cutting through the traffic queue. Ms. Hahn agreed with Mr. Gray. She then continued on to state they are proposing to update the existing light fixtures throughout the plaza. Mr. Doyle asked if they are dark sky compliant in which Ms. Hahn stated they should be.
Mr. Millard added that they have explored many options on the drive thru and he feels the option that they are presenting addresses the safety of pedestrians and vehicles. Ms. Hahn informed the Commission that they also presented to the Design Review Board and was given a positive recommendation.
Chairman Ryan asked for the Commission’s feedback. Ms. Beinstein stated that on the Iron Horse side there is a pub that seems like they are losing outdoor seating or are they just taking seating in a different area. Mr. Millard stated they have no intent to modify the current seating. Mr. Glidden stated they expanded their seating area for the temporary outdoor seating based off the COVID requirements.
Chairman Ryan asked about the car flow into the drive thru as he sees two lanes coming out but wants to know how they are coming in and asked if there is a signage plan. Mr. Millard stated there isn’t currently signage plan. It will be developed when each tenant comes in and they will assemble a unified signage plan at a later date.
Ms. Hahn showed the Commission the entrances and exits on the map to display where people will be able to come onto the property and access the drive thru. There were no further comments. Chairman Ryan noted that it is a nice refurbishment of the area. Mr. Glidden provided comments from the staff report. He stated they have been working with the applicant and they have received favorable recommendation from him with consideration for two things; first the approval being for the renovation for the facade and second a separate approval will be needed for the signage and the menu board. Mr. Glidden stated the menu board is approved as submitted, any changes will require site plan modification. Chairman Ryan asked for the timeframe for the proposal. Mr. Andreo stated they are ready to start the improvements as soon as possible but have no tenants lined up at this time.
Ms. Beinstein made a motion to approve application ZC 20-11 of Twenty Two GC 2012 LLC, Owner; Chris Millard, Agent for a Site Plan Amendment for an addition to the existing Andy’s Plaza and site improvements (Zone SC-1) with the following conditions listed in attachment A. Seconded by Mr. Doyle.
MOTION: All in favor, no opposed, no abstentions (6-0-0)
VI. REGULATIONS UPDATE WORKSHOP
Chairman Ryan inquired if Mr. Glidden was going to update the regulations draft. Mr. Glidden stated he uploaded a revised document today and includes the temporary sign regulations to the non-residential zoning districts. Mr. Glidden stated they no longer regulate by class. He stated they can regulate; size, height, etc. He explained that you cannot go to a class system of signage but can require a higher level of approval. Chairman Ryan stated they can still require sign plans for multi-tenant signs. Mr. Glidden told the Commission that he asked Mr. DeCrescenzo that question and sent a draft to Mr. DeCrescenzo to get further clarity on some issues. Chairman Ryan asked for Mr. DeCrescenzo’s feedback before they move forward.
Chairman Ryan asked if Mr. Glidden received any comments from Mr. DeCresenzo on the Robert Rules reference in the revised Zoning Rules of Procedure.. Mr. Glidden responded he has language that makes Roberts Rules advisory, rather than mandatory. For the next meeting, Mr. Glidden agreed to incorporate that language into the revised Rules draft.
Mr. Glidden said wants to make the Commission aware that there was a brief presentation from Chris Nelson for the construction yard on Iron Horse Blvd. He reported the preliminary plans were uploaded by the Design Review Board and they gave some very pointed comments to the applicant; it is a proposal for a multifamily development in the center. Chairman Ryan stated it is 5 buildings with about 37 apartments and looks like a nice development, but it looks like some of the other apartment buildings already built and they are looking to build affordable housing deed restricted apartments.
VII. ADJOURNMENT Mr. Elliot made a motion to adjourn the meeting. Ms. Bernstein seconded the motion.
MOTION: All in favor, no opposed, no abstentions. (6-0-0)
The meeting adjourned at 8:33pm.
Respectfully Submitted,
Amanda Werboff
Commission Clerk