Zoning Commission Meeting Minutes 12/16/2019

SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES - Subject to Vote of Approval
Monday, December 16, 2019 at 7 P.M.
Simsbury Public Library - FSPL Program Room
725 Hopmeadow Street, Simsbury, CT

PRESENT: Dave Ryan, Kevin Gray, Bruce Elliott, Donna Beinstein, Anne
Erickson, Diane Madigan, Shannon Knall
Michael Doyle (arrived late at 7:20 P.M.)

ABSENT: Melissa Osborne

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

I. CALL TO ORDER: Chairman Ryan called the meeting to order at 7:00
P.M.

Chairman Ryan welcomed Anne Erikson (R) in joining the Zoning Commission, as well as Diane Madigan (R) and Shannon Knall (D) as alternates.

II. ROLL CALL:
1. Appointment of Alternates: Chairman Ryan appointed Ms. Madigan to sit for Mr. Doyle.

III. APPROVAL OF MINUTES:

At 7:03 P.M., a motion was made by Mr.Elliott to approve the November 18, 2019 meeting minutes with the following amendments:

Line 33: Delete full complementary Commission, leave it as no appointment necessary.
Line 131: Replace was had with ensued.
Line 162: Replace was had with ensued.

Ms.Beinstein seconded the motion and the motion passed unanimously, 6-0.

IV. PUBLIC HEARINGS:
1. Application #19-48 of Edward Ferrigno, Agent; Estate of Joanne Burk, Owner; for a Special Exception pursuant to Article Seven, Section C.8, of the Simsbury Zoning Regulations to create a rear lot on the property located at 385 West Mountain Road (Assessor’s Map A19, Block 503, Lot002E5). Zone R-40.

2. Application #19-49 of Edward Ferrigno, Agent; Paul Flynn Trustee, Owner; for a Special Exception pursuant to Article Seven, Section C.8, of the Simsbury Zoning Regulations to create a rear lot on the property located at 389 West Mountain Road (Assessor’s Map A19, Block 503, Lot002E6). Zone R-40.

Attorney Thomas Benneche, representing Edward Ferrigno, spoke on behalf of Applications #19-48 and #19-49. Attorney Benneche explained how and why the applicant wanted to create rear lots on the two properties. Mr. Benneche explained how creating the rear lots will be keeping with the character of the neighborhood, as all other properties nearby have rear lots.

Mr. Elliott expressed concerns over the easement to gain access to the rear lot. Attorney Benneche noted that the applicant would be willing to dedicate a strip of land for access to the rear lot as opposed to an easement.

Brian Denno, Denno Land Surveying, 2 Tunxis Road, Tarrifville, CT was present to answer questions the Commission had about easement to rear lots, and soil on the properties.

Mr. Glidden noted that Farmington Valley Health District observed soil testing for the proposed lots. According to tests, FVHD officials feel that the soils can support the development of the proposed lots. A soil scientist reviewed the proposed lots and determined that there are no inland wetland soils present.

At 7:16 P.M., Mr. Gray made a motion to close the public hearing for Application
#19-48 and Applications #19-49. Motion was seconded by Ms. Beinstein. Motion passed unanimously, 6-0.

V. OLD BUSINESS
1. Application #19-48 of Edward Ferrigno, Agent; Estate of Joanne Burk,
Owner; for a Special Exception pursuant to Article Seven, Section C.8, of the Simsbury Zoning Regulations to create a rear lot on the property located at 385 West Mountain Road (Assessor’s Map A19, Block 503, Lot002E5). Zone R-40.

The Commission members asked for clarification of the regulation regarding rear lots and subdivision. Commission members discussed if this application met criteria of a subdivision. Mr. Glidden expressed that this does not meet subdivision criteria.

At 7:25 P.M., Chairman Ryan made a motion to approve Application #19-48 of Edward Ferrigno, Agent; Estate of Joanne Burk, Owner; for a Special Exception pursuant to Article Seven, Section C.8, of the Simsbury Zoning Regulations to create a rear lot on the property located at 385 West Mountain Road with access to the rear lot by easement.

Special Exception is subject to the following conditions:
1. Applicant to provide 2 copies of mylar plans for signature by the Chairman. One print to be filed with the Simsbury Town Clerk. The second print is to be filed with the Engineering Department.

Motion was seconded by Mr. Gray. Motion passed 5-1, with Mr. Elliott being opposed.

2. Application #19-49 of Edward Ferrigno, Agent; Paul Flynn Trustee, Owner; for a Special Exception pursuant to Article Seven, Section C.8, of the Simsbury Zoning Regulations to create a rear lot on the property located at 389 West Mountain Road (Assessor’s Map A19, Block 503, Lot002E6). Zone R-40.

At 7:26 P.M., Mr. Gray made a motion to approve Application #19-50 of Edward Ferrigno, Agent; Paul Flynn Trustee, Owner; for a Special Exception pursuant to Article Seven, Section C.8, of the Simsbury Zoning Regulations to create a rear lot on the property located at 389 West Mountain Road (Assessor’s Map A19, Block 503, Lot 002E6). Zone R-40.

Special Exception is subject to the following conditions:
1. Applicant to provide 2 copies of mylar plans for signature by the Chairman. One print to be filed with the Simsbury Town Clerk. The second print is to be filed with the Engineering Department.

Motion was seconded by Ms. Beinstein. Motion passed 5-1, with Mr. Elliott being
opposed.

VI. NEW BUSINESS:
1. Receipt of New Applications
a. Application #19-50 of T.J. Donohue, Agent: Mary Louise Burke, Owner; for a Site Plan Amendment of previously approved plan to remove the affordable housing deed restriction of the property located at 1 Meeting House North, Unit 55 (Assessor’s Map E12,Block 103, Lot 005). Zone CZ.

Attorney T.J. Donohue spoke on behalf of Application #19-50, giving a brief history of the property. Attorney Donohue explained that the buyer is having issues securing financing for the property because of the collar that is attached to the property.

Attorney John Murphy, representing Mr. and Mrs. Bitterly, spoke about the
reasons why financial institutions do not want to finance properties that have deed restrictions and collars attached to them.

The Commission discussed the history of when the restrictions were added to the property. They also discussed the process of removing the restrictions.

Attorney Donohue noted that if the Commission sees fit, the owners can buy the town out for $7,000. He also reported that the First Selectman did not wish to move forward with any further discussion prior to approval of Application #19-50.

At 7:42 P.M. Mr. Gray made a motion to approve Application #19-50 as submitted. Motion was seconded by Ms. Beinstein. Motion passed unanimously,6-0.

b. Application #19-51 of T.J. Donohue, Agent; SL Simsbury LLC, Owner; for a Site Plan Amendment to switch out 13 townhouse units for 32 “stack flat” residential units on the property located at 200 Hopmeadow Street (Assessor’s Map F17, Block 154, Lot009-2). Zone I-1.

Attorney Donohue presented Application #19-51 on behalf of the Silverman Group. Slides were shown to illustrate the original plans and the desired modifications requested.

Commission members asked questions about the changes in units (bedrooms and number of occupants). Ms. Madigan expressed concerns regarding crowding, Ms. Knall also expressed concerns of the impact on the school district.

The Commission requested clarification of how many bedrooms will be added, Mr. Ron Szwelicki of VHN, answered that there will be seven 2 bedroom units added, and sixteen one bedroom units added.

Ms. Madigan asked if there will be a decrease in parking spaces, Mr. Szwelicki answered that 23 parking spaces will be lost.

At 8:03 P.M., Mr. Gray made a motion to approve Application #19-51 of T.J.
Donohue, Agent; SL Simsbury LLC, Owner; for a Site Plan Amendment to switch out 13 townhouse units for 32 “stack flat” residential units on the property located at 200 Hopmeadow Street.

The approval of the site plan amendment is subject to the following conditions of approval:
1. An administrative zoning permit is required for construction.
2. The commission authorizes staff to approve minor changes to the approved plans such as landscaping, grading, etc. Said changes are to be made in writing to staff and approved prior to implementation.

Motion was seconded by Ms. Erikson, motion passed 5-1, with Ms. Madigan voting against.

VII. GENERAL COMMISSION BUSINESS:
1. Correspondence - none

2. Regulations Update -
Mr. Glidden noted that Commission members could find the current revisions to home occupations language. Mr. Glidden also noted that he looked into and gathered information on what other local surrounding towns are doing. He noted shared that some towns address the regulations with a tiered approach, labeling home occupations as major or minor. One bordering town allows Special Permitted Use, by way of a separate special exception in order to allow landscaping companies to work out of their homes, etc. Mr. Glidden suggests that the Commission define what is considered a customary home occupation, and what is not.

Chairman Ryan explained to the new Commission members that the regulations are being updated, the process of doing so, and he suggested that another workshop be scheduled for early January to continue working on updating the regulations.

VIII. ADJOURNMENT:
At 8:12 P.M., Mr. Gray made a motion to adjourn the meeting.
Motion was seconded by Ms. Beinstein. Motion passed unanimously, 6-0.

Submitted by:
Kimberly Rathbun
Commission Clerk