Zoning Commission Meeting Minutes 03/21/2016

ZONING COMMISSION – REGULAR MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
MARCH 21, 2016

I.  CALL TO ORDER
 

Commissioner Derek Peterson called the Regular Meeting for the Zoning Commission to order at 7:00 p.m. on Monday, March 21, 2016 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Bruce Elliot, Donna Beinstein, Kevin Gray, Jackie Battos, Gerald Post and Mike Doyle. Others in attendance included Jamie Rabbitt, Director of Planning and Community Development and Mike Glidden, Assistant Town Planner and other interested parties.

II. ROLL CALL

Appointment of Alternates

Commissioner Peterson appointed Commissioner Doyle for Commissioner Ryan.

III. APPROVAL OF MINUTES of the March 7, 2016 Regular Meeting

Minutes were approved as submitted.

V. APPLICATIONS:

1. Receipt of New Applications:

Mr. Jamie Rabbitt stated that the Commission members are to decide on the date of the public hearings in an effort to better inform staff and members and ensuring all information is prepared in advanced.  He added that it takes about two weeks for staff to prepare information necessary for a public hearing. Previously, staff had one day to review upon receipt of applications.

Application #16-09 of Kenneth T. Pignone, Petitioner, for Text Amendments to the Town of Simsbury Zoning Regulations to: Article Four, Definitions and Article Seven, Section 9, Accessory Dwelling Units. (received 03/21/2016; public hearing must be opened by 5/25/2016).  Commission selected April 18, 2016 for the public hearing.

Application #16-10 of Margaret and Steven Glick, Owners for a Special Exception pursuant to Article Seven, Section A.9, of the Town of Simsbury Zoning Regulations to legalize and existing accessory dwelling unit on the property located at 45 Old Farms Road, West Simsbury, (Assessor’s Map C09, Block 418, Lot 003). Zone R-40. (received 03/21/2016 ; public hearing must be opened by 05/25/2016). Commission selected April 18, 2016 for the public hearing.

Application #16-11 of Louis N. George, Esq., Agent; BMG Management, LLC, Owner, for a Site Plan Amendment for an addition to and renovations of the existing commercial building on the property located at 560-566 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 036). Zone B-1. (received 03/21/2016; decision must be rendered by 05/25/2016).  A public hearing is not required.

2. Public Hearings:

WITHDRAWN 03/16/2016 (CONTINUED FROM  03/07/2016) Application #16-05 o f Linda MacKay-Morgan, Owner, for a Special Exception pursuant to Article Seven, Section A.9, of the Town of Simsbury Zoning Regulations for the addition of an accessory dwelling unit to the residence on the property located at 16 Stafford Road (Assessor’s Map I17, Block 110, Lot 001B). Zone R-40. (received 03/07/2016; public hearing opened 03/07/2016; Public hearing must be closed by 04/11/2016).

Mr. Jamie Rabbitt said that staff had discussions with the applicant and clarified that she is renovating a basement, not creating an accessory dwelling. Application has been withdrawn.

Application #16-07 of Marshall Epstein, Rosedale Farms, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a series of one-day events on the property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108, Lot 003). Zone R-40. (received 03/07/2016; public hearing must open by 05/11/2016).

Mr. Marshall Epstein of 41 East Weatogue Street is requesting a temporary liquor permit for a variety of events held at Rosedale Farms and Vineyards during the summer and fall of 2016. He added it will be the 8th year holding the Chef to Farm Dinners and Farm Fest Series. He added that there are also three fundraisers held in the fall. All event dates are listed in the document submitted to staff.  Mr. Epstein said the liquor will be served by Max Restaurant Group.

Mr. Ferg Jansen of 3 Fox Den Drive said he approved of the application.

Mr. Steven Antonio of 133 Holcomb Street said he approved of the application.

Commissioner Gray moved to close the public hearing for Application #16-07 of Marshall Epstein, Rosedale Farms, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a series of one-day events on the property located at 25 East Weatogue Street.

Commissioner Post moved to amend the agenda to discuss Application #16-07 of Marshall Epstein, Rosedale Farms. The motion was seconded by Commissioner Doyle and was unanimously approved.

Commissioner Doyle asked about liability insurance. Mr. Epstein replied that every contractor is required to have liability insurance for the events.

Commissioner Gray moved to approve Application #16-07 of Marshall Epstein, Rosedale Farms, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a series of one-day events on the property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108, Lot 003). Zone R-40. (received 03/07/2016; public hearing must open by 05/11/2016). All events are to end by 11:00 pm on the dates listed in the application.  The motion was seconded by Commissioner Battos and was unanimously approved.

Application #16-08 of Ferg Jansen, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a permanent non-profit theater liquor permit on the property located at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A and Assessor’s Map H09, Bock 226, Lot 004). Zones SC-3 and SC-4. (received 03/07/2016; public hearing must open by 05/11/2016).

Mr. Ferg Jansen of 3 Fox Den said he is requesting a permanent non-profit theater liquor permit for the events held at the Performing Arts Center in Simsbury so that he doesn’t have to come back annually for each event. Mr. Jansen said that in the years past, he has had to come before the BOS and Zoning Commission several times requesting temporary liquor permits and sometimes it was short notice because the Performing Arts Center didn’t have finalized dates for the performances.   

Mr. Jansen said he has worked with the State of Connecticut to obtain a non-profit Theater Liquor permit (Exhibit 3). According to the permit from the State, the Simsbury Performing Arts Center is authorized to sell alcohol throughout the year. The State permit is renewable annually. Mr. Jansen answered Commissioner Gray’s question stating that the permit applies to the entire area within the fence. He added that it is possible different events will be held at the Performing Arts Center other than musical performances.

Mr. Jamie Rabbitt mentioned that the permanent liquor permit does not apply to the required public event permitting process.

Commissioner Gray moved to close the public hearing for Application #16-08 of Ferg Jansen, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a permanent non-profit theater liquor permit on the property located at 22 Iron Horse Boulevard.

Commissioners Post, Doyle and Beinstein commented that they were in favor of the permanent liquor permit.

Commissioner Peterson moved to approve Application #16-08 of Ferg Jansen, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a permanent non-profit theater liquor permit on the property located at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A and Assessor’s Map H09, Bock 226, Lot 004). Zones SC-3 and SC-4. (received 03/07/2016; public hearing must open by 05/11/2016). The motion was seconded by Commissioner Post and was unanimously approved.

3.  Discussion and Possible Action:

c. (CONTINUED FROM 03/07/2016) Application #16-03 of Bill Corrigan, Agent; E & A / I & G Simsbury Commons L.P., Owner; for the extension of a site plan amendment approval granted on 3/18/2013 for a period of 3 years for a temporary greenhouse on the property located at 498 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot001-B). Zone B-3. (received 03/07/2016; decision must be rendered by 05/11/2016).

Mr. Doug Smelcer, Assistant Store Manager at Stop and Shop said that the landlord is willing to put in a crosswalk with lines and signs for safe pedestrian crossing. He added that 75% of customers drive through that area. He said that Stop and Shop has had the greenhouse for 20 years and would like to move this forward quickly since product has already been secured. He added that they would like to sell product from April through the end of October.

Mr. Jamie Rabbitt recommended to the Commission that Stop and Shop has a design professional to provide a layout of the crosswalk with signage since there is a significant amount of traffic that utilizes that area.  After staff receives the designs, a permit from the Zoning Commission will be provided. 

Ms. Karen Fillian of Edens said she is the landlord and agreed to obtain design layouts for the crosswalk and signage from a professional engineer. 

Commissioner Post moved to approved Application #16-03 of Bill Corrigan, Agent; E & A / I & G Simsbury Commons L.P., Owner; for a temporary greenhouse from April 1, 2016 – October 31, 2016 on the property located at 498 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot001-B). Zone B-3. (received 03/07/2016; decision must be rendered by 05/11/2016). The motion requires a letter from a professional engineer indicating crosswalk and signage layouts. The motion was seconded by Commissioner Beinstein and was unanimously approved.

d. (CONTINUED FROM 03/07/2016) Application #16-06 of Clyde Grindall, Agent; Steven Antonio, Antonio 5 LLC, Owner; for a Site Plan Amendment and Sign Permit for a unified sign plan on the property located at 1225-1231 Hopmeadow Street (Assessor’s Map 105, Block 403, Lot 019). Zone B-2 (received 03/07/2016; decision must be rendered by 05/11/2016). 

Ms. Lisa Antonio requested approval for the four signs fronting Hopmeadow Street and one sign fronting Ely Lane.

Mr. Jamie Rabbitt said that this is an existing building that had existing non-conforming signage. In the rehabilitation of the building, the signage was removed, new façade was added and new signage is proposed.  He added that staff provided a draft motion to address the signage. Mr. Rabbitt said that DRB approved earlier that evening to have signage within the frame work to include a white backing as long as there is a half-inch border.

Commissioner Battos moved to approve Application #16-06 of Clyde Grindall, Agent; Steven Antonio, Antonio 5 LLC, Owner; for a Site Plan Amendment and Sign Permit for a unified sign plan on the property located at 1225-1231 Hopmeadow Street (Assessor’s Map 105, Block 403, Lot 019). Zone B-2 (received 03/07/2016; decision must be rendered by 05/11/2016).  The site plan amendment approval and sign permit is subject to the following conditions:

The tenant signage insert size for Sunrise Convenience Store installed on the Hopmeadow Street and Eli Place Building elevations will be reduced so that a 1/2 inch border is provided within the sign placard, existing frame.

The tenant signage insert size for other tenants along Hopmeadow Street building Elevation will be reduced so that a 1/2 inch border is provided within the sign placard, existing frame.

A zoning permit will be required for the signage’s installation.

The former commercial development signage is considered to be non-conforming with regards to current zoning regulations as it relates to area permitted for building mounted signage. In granting the approval, the Commission determines that the proposed signage will result in a decrease in the overall square footage of building mounted signage thus a reduction of the non-conformities. The existing square footage of building mounted signage will be abandoned as part of this approval. For regulatory purposes the new non-conforming area for building square footage will be no more than square feet within existing sign placard/frame and shall match Exhibit 15.  The motion was seconded by Commissioner Post and was unanimously approved. 

VI. GENERAL COMMISSION BUSINESS

Discussion of New and Ongoing ProjectsZoning Regulations revisions: General Discussion

Mr. Jamie Rabbitt said that approval was given for the removal of the complex at 200 Hopmeadow. The entire building will be removed by Oct. 1, 2016. As for the Zoning Regulations, Mr. Rabbitt said that there was discussion to move toward a web-based format but that idea was abandoned due to the potential of issues. The team is moving forward with the reformatting of the regulations.

Commissioner Peterson asked about streamlining of Zoning applications for 501c3 fundraising events.  Mr. Rabbitt said the process was set by ordinance and requires adjustment by the BOS.  

Commissioner Beinstein asked about the status of the moratorium of Workforce Housing. Mr. Rabbitt said that the staff is working on it and plans to have a workshop on the agenda in mid spring.

VII. ADJOURNMENT

Commissioner Gray made a motion to adjourn the meeting at 8:16 p.m.  The motion was seconded by Commissioner Peterson and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk