Zoning Commission Minutes 01/07/2019

SIMSBURY ZONING COMMISSION

TOWN OF SIMSBURY

REGULAR MEETING MINUTES – Subject to Vote of Approval

Monday, January 7, 2019 at 7 P.M.

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, CT

PRESENT:             David Ryan, Bruce Elliott, Donna Beinstein, Kevin Gray, Jacqueline Battos, Michael Doyle, Joseph Campolieta (alternate)

ABSENT:               Gavin Schwarz, Thomas Frank

                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.

II.            ROLL CALL:

1.            Appointment of Alternates: No Alternates needed at this time.

III.           APPROVAL OF MINUTES: December 17, 2018 Regular meeting

Mr. Elliott noted a spelling mistake in line 132. The word note should be changed to not. He also noted that in line 210, it should read “Future events at Highcroft clubhouse require zoning permit approval from the Zoning Enforcement Officer.”

Motion: Mr. Doyle made a motion to approve the regular meeting minutes from December 17, 2018 with the changes noted at 7:04 P.M. Mr. Gray seconded the motion. Motion passed unanimously, 6-0.

IV.          PUBLIC HEARINGS:

1.            Application #18-64 of Michael Glidden, CFM, CZEO, Director of Planning & Community Development, Applicant on behalf of the Simsbury Zoning Commission, for Text Amendments to Chapter 4, Section 3.3.I and Chapter 4, Section 3.4.D of the Simsbury Center Code reclassifying distilleries, wineries, and breweries in the Simsbury Center Code Area as restaurant/bar uses instead of light industrial. (public hearing must be closed by 01/21/2019)

Mr. Glidden presented the application and explained what is being requested.

The Commission discussed breweries, distilleries and wineries as well as craft industries. Concerns of the Board included size, scale, protected buildings and appropriateness for the Town. Chairman Ryan and Mr. Glidden noted that the Special Exception has a list of eight criteria that must be met in order for the Special Exception to be approved.

Motion: At 7:14 P.M., Mr. Gray made a motion to close the public hearing for Application #18-64. Ms. Battos seconded the motion. Motion passed unanimously, 6-0. 

2.            Application #18-66 of Jerome Shea, PE, Town Engineer; Town of Simsbury, Owner; for a Special Exception pursuant to Article Seven, Section M, of the Simsbury Zoning Regulations for construction in the floodplain on the property located at 1 Old Bridge Road (Assessor’s Map H11, Block 144, Lot 007). Zone R-15. (Public hearing must be closed by 01/11/2019)

Mr. Adam Kessler, Town of Simsbury, Staff Engineer, presented the application on behalf of the Engineering Department to the Commission. Mr. Kessler spoke to the Commission about the Special Exception needed in order to complete the project located in the floodplain, the filling and grading that would take place, location of intended future structures in the floodplain, removal of current structures, and the development and design plan for the parcel of land.

Mr. David Dixon, Landscape Architect, Milone & Macbroom, presented the landscape design plan to the Commission. Mr. Dixon showed illustrations of intended changes, spoke about the intended use, which will remain the same, showed illustrations of vegetations and plantings to take place (with the help of the Flower Committee). Mr. Dixon also discussed a new kiosk, pavilion, sidewalks and shade garden, and the addition of handicap-accessible spaces and access to recreational area. Mr. Dixon answered Commission questions about water and boat access, as well as other questions about facilities (toilets and water fountain).

Deeg Mackay, 15 Woodside Circle, Simsbury, CT, Co-Chair of the Old Drake Hill Flower Bridge Committee, spoke in favor of the plan and project. Ms. Gage noted that she feels it will tie in nicely with the Flower Bridge.

Jan Lintner, 22 Massaco Street, Simsbury, CT, Secretary of the Old Drake Hill Flower Bridge Committee, spoke in favor of the application. She stated that she feels it will enhance the Flower Bridge and will connect the two properties, and help make it more accessible to residents, especially those who are elderly or unable to access the area without it being ADA accessible. Ms. Lintner also spoke about concerns regarding colors of the benches and ballards.

Albert Miller, 86 Riverside Road, Simsbury, CT, spoke about concerns of whether canoe and kayak companies will be allowed access to use this property to drop customers off. Mr. Glidden noted that private businesses are not allowed to operate on Town property. 

Motion: Mr. Gray made a motion to close the public hearing at 7:30 P.M., motion was seconded by Mr. Doyle. Motion passed unanimously, 6-0.

V.            OLD BUSINESS:

1.            Applications

a.            Application #18-64 of Michael Glidden, CFM, CZEO, Director of Planning & Community Development, Applicant on behalf of the Simsbury Zoning Commission, for Text Amendments to Chapter 4, Section 3.2.I and Chapter 4, Section 3.4.d of the Simsbury Center Code reclassifying distilleries, wineries, and breweries in the Simsbury Center Code Area as restaurant/bar uses instead of light industrial. (public hearing must be closed by 01/21/2019)

Motion: A motion was made by Mr. Gray at 7:34 P.M., to approve Application #18-64 for Text Amendments to Chapter 4, Section 3.3.I and Chapter 4, Section 3.4.D of the Simsbury Center Code reclassifying distilleries, wineries, and breweries in the Simsbury Center Code Area as restaurant/bar uses instead of light industrial, with an effective date of February 4, 2019. Motion was seconded by Ms. Battos. Motion passed unanimously, 6-0.

b.            Application #18-66 of Jerome Shea, PE, Town Engineer; Town of Simsbury, Owner; for a Special Exception pursuant to Article Seven, Section M, of the Simsbury Zoning Regulations for construction in the floodplain on the property located at 1 Old Bridge Road (Assessor’s Map H11, Block 144, Lot 007). Zone R-15.

Motion: At 7:36 P.M., a motion was made by Mr. Gray to approve Application #18-66 of Jerome Shea, PE, Town Engineer; Town of Simsbury, Owner; for a Special Exception pursuant to Article Seven, Section M, of the Simsbury Zoning Regulations for construction in the floodplain on the property located at 1 Old Bridge Road.

The Special Exception approval is subject to the following conditions:

1.            A mylar copy of Sheet SP is to be prepared for signature by the Chairman and filing on the land records.

2.            Any changes to the project’s scope which result in additional activities within the floodplain require approval by the Zoning Commission.

Motion was seconded by Ms. Battos. Motion passed unanimously, 6-0.

c.             Application 18-67 of Jerome Shea, PE, Town Engineer; Town of Simsbury, Owner; for a Site Plan Amendment for development of the site at 1 Old Bridge Road (Assessor’s Map H11, Block 144, Lot 007). Zone R-15.

Motion: At 7:37 P.M., a motion was made by Mr. Gray to approve Application #18-67 of Jerome Shea, PE, Town Engineer; Town of Simsbury, Owner; for a Site Plan Amendment for development of the site at 1 Old Bridge Road.

The Site Plan Amendment Approval is subject to the following conditions:

1.            Pre-Construction Meeting is required with Zoning Enforcement Officer and Floodplain Manager prior to demolition of the existing residence.

2.            Location of shed and gazebo are to be staked in the field by a licensed surveyor prior to installation.

3.            The Commission authorizes staff on their behalf to handle minor modifications to the landscaping plan. Requests for modifications are to be made in writing to staff prior to implementation in the field.

Motion was seconded by Mr. Doyle. Motion passed unanimously, 6-0.

VI.          NEW BUSINESS:

1.            Receipt of New Applications – no new applications at this time

VII.         REFFERRALS – no referrals at this time

VIII.        GENERAL COMMISSION BUSINESS:

1.            Correspondence

a.            Attorney TJ Donahue, Killian & Donahue LLC, presented correspondence concerning The Ridge at Talcott Mountain, 200 Hopmeadow Street, Simsbury, CT. Mr. Donahue sought the Commission’s advice and possible action on the requirements of The Hartford Form Based Code Section 5.0 Administration (at A.6.).

Mr. Donahue showed maps of where units would be occupied, the traffic circulation, and discussed the schedule of completion of items on list (included in packet supplied by staff).

Mr. Glidden spoke of a meeting the following day with the applicant and the Town engineers at the site. Discussion was had between staff, Attorney Donahue and the Commission about the concerns of the completion of projects, including, but not limited to, temporary marking on property as well as pavement and ice concerns, as well as safety issues. Mr. Glidden stated that staff would like the Fire Marshal to sign off on the progress, as it is a matter of life safety. Staff and applicant stated they feel that it would be adequate and acceptable to defer this matter until the next regular meeting, scheduled for February 4, 2019. 

b.            Mr. Glidden handed out the pamphlet for the Connecticut Bar Association Education & Training, Planning & Zoning, Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions. Mr. Glidden advised that if any Commission members would like to attend the training, to let him know so they can be signed up.

IX.           ADJOURNMENT:

Motion: At 7:50 P.M., Mr. Gray made a motion to adjourn the Zoning Commission meeting. Motion was seconded by Mr. Doyle. Motion passed unanimously, 6-0.

Submitted by:

Kimberly Rathbun

Commission Clerk