Zoning Commission Minutes 01/08/2018
Subject to Approval
Simsbury Zoning Commission
TOWN OF SIMSBURY
REGULAR MEETING MINUTES
Monday, January 8, 2017 at 7:00PM
Eno Memorial Hall – Auditorium
954 Hopmeadow Street, Simsbury, Connecticut
PRESENT: Dave Ryan, Donna Beinstein, Bruce Elliott, Michael Doyle,
Alternate Joseph Campolieta, Thomas Frank
ABSENT: Kevin Gray and Gerald Post
ALSO PRESENT: Michael Glidden CFM CZEO, Assistant Town Planner
I. CALL TO ORDER:
Chairman Dave Ryan called the meeting to order at 7:01 PM
II. ROLL CALL:
1. Appointment of Alternates.
Joseph Campolieta was seated for Kevin Gray
Tom Frank was seated for Gerald Post
III. APPROVAL OF MINUTES – DECEMBER 18, 2017 REGULAR MEETING:
MOTION: Mr. Elliott, Mr. Doyle second, to approve; Voting in favor Mr. Ryan, Ms. Beinstein, Mr. Elliott, Mr. Doyle, Mr. Campolieta. Mr. Frank Abstained.
IV. PUBLIC HEARINGS:
1. Application #17-56 of Marshall Epstein, Rosedale Farms, and T.J. Donohue, Esq., Applicants, for a Text Amendment to the Definitions of the Town of Simsbury Zoning Regulations regarding accessory activities in support of agricultural operations include the baking of specialty breads and pies
Attorney TJ Donahue addressed the commission on behalf of Rosedale Farms. He discussed the history of Rosdale Farms.
Attorney Donahue stated that the intent of the application is to clarify operations and create a potential for the operators to make pies and specialty breads at the site. Attorney Donahue stated he reviewed the Plan of Conservation and Development and felt that the proposal meets the goals and objectives outlined in both the 2007 and 2017 plans.
Attorney Donahue explained to the commission why the proposed activities were determined not to be consistent with current regulations. The proposal would clarify the uses associated with agriculture which he felt was an appropriate action for the Zoning Commission.
As required by Statute, Attorney Donahue explained to the Zoning Commission that the application was referred to the Planning Commission. The Planning Commission did not issue an opinion on the referral and Attorney Donahue requested that the application be tabled to next regular meeting so that the commission could receive the referral from Planning Commission.
Chairman Ryan asked if any members of the Commission had questions for the applicant.
Commissioner Elliott asked whether approval of the text amendment would limit food production only to pies and specialty breads. He was concerned that if someone wanted to expand to another product that an approval from the Zoning Commission for an additional text amendment would be required.
Attorney Donahue felt that the uses were protected by Statute.
Commissioner Beinstein felt that application was site specific. She voiced concern that the commission should avoid changing the zoning regulations for a specific site rather than for a town wide need.
Commissioner Elliott agreed that a more global language should be used in any text amendment rather than a site specific.
Commissioner Frank asked about the nexus between agriculture and the goods. He felt the regulations should be made broader. Mr. Frank asked why was 400 square feet and 25 acres chosen? Did the applicant investigate larger numbers which may make sense town wide?
Attorney Donahue explained how the regulations were tailored specific to the needs to the Epstein property.
Commissioner Frank felt that the regulations should be more globally thought.
Commissioner Elliott asked whether the language could be better connected to product which is grown onsite.
Chairman Ryan asked whether there was anyone from the public that wishes to speak on the application.
Nord Christenson approached the Commission. He stated that larger sizes and more general terms are appropriate rather than limiting the scope and narrowing the application to site specific.
Bob Duguay of 11 Nod Brook Drive spoke in favor of changes which are not limited in nature and that are not site specific. He felt 400 square feet is very small and limiting for food preparation and processing.
Ashley Lane of Old Farms Road questioned the application. He noted that in 2016 a very similar application for text amendment was filed with the Commission which was denied. He commented on the scale of 25 acres and whether smaller acreage could be used such as 10 or 15 acres. He questioned by not larger area than 400 square feet be devoted for food production? He asked the application which farmers in the community that he spoke with? The farmers whom Mr. Lane spoke with did not support or were aware of the proposed changes. Mr. Lane addressed the Commission that if they want to look for more farm friendly regulations which preserve rural character, they should read the Granby zoning regulations.
No one else from the public commented on the application.
Attorney Donahue clarified that the numbers chosen were a result of conversations with town staff. The numbers were chosen as way to provide a limiting factor to provide protection to adjoining residential properties.
MOTION: Mr. Doyle, Ms. Beinstein second, to table the public hearing until the February 5, 2018 regular meeting of the Zoning Commission. Motion passed unanimously at 7:40pm.
2. Application #17-57 of Eric Michaud, Applicant, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for the addition of an accessory dwelling unit to the existing residence on the property located at 84 Winthrop Street, Tariffville, (Assessors Map J04, Block 219, Lot 005A).Zone R 25.
Attorney William Tracy addressed the commission on behalf of Eric Michaud for the application for an accessory dwelling unit at 84 Winthrop Street. Attorney Tracy discussed the history of the existing structure and described the surrounding area zoning designations.
An area above the existing garage was historically converted into an accessory dwelling unit without the benefit approvals before Mr. Michaud purchased the property. After Attorney Tracy’s clients met with town officials regarding the property he removed the kitchen from the apartment so that the property could be brought into compliance with the current zoning regulations.
Attorney Tracy discussed the dimensional requirements for accessory dwelling units as noted in the Simsbury Zoning Regulations. He reviewed the application documents which illustrate how the request conformed to the design standards contained within the zoning regulations.
Attorney Tracy then reviewed the subjective standards are contained in Article 7 Section c 10 of the Simsbury Zoning Regulations. Attorney Tracy went thru every standard contained in this Section and discussed why the proposed accessory met all the applicable zoning regulations for accessory dwelling units.
Chairman Ryan asked whether any members of the Commission had any questions to the applicant.
Commissioner Elliott asked the applicant to clarify which picture illustrated the external door for the accessory dwelling unit. Attorney Tracy referred to pictures labeled exhibit 28 and 29.
Commission Frank asked for clarification of how the space is currently being used. Attorney Tracy explained the kitchen was removed that area is just additional living space above the garage and it is not being used an accessory dwelling unit presently.
Chairman Ryan asked whether any member of the public wished to comment on the application.
Bob Duguay of 11 Nod Brook Drive came forward. He was supportive of the applicant however he was opposed to the approval of another rental unit in town. He is opposed to any more rental units in Simsbury and urged the Commission to condition the approval that the unit is restricted to use by Mr. Michaud’s mother only. He feels approvals of rental units depreciate property values.
No one else from the public came forward to speak on the application.
MOTION: Mr. Doyle, Ms. Beinstein seconded the motion to close the public hearing. The motion passed unanimously at 8:10 PM.
V. OLD BUSINESS:
1. Applications.
a. Application #17-56 of Marshall Epstein, Rosedale Farms, and T.J. Donohue, Esq., Applicants, for a Text Amendment to the Definitions of the Town of Simsbury Zoning Regulations regarding accessory activities in support of agricultural operations include the baking of specialty breads and pies
MOTION: Mr. Elliott, seconded by Mr. Campolieta to table Application 17-56. Motion passed unanimously.
b. Application #17-57 of Eric Michaud, Applicant, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for the addition of an accessory dwelling unit to the existing residence on the property located at 84 Winthrop Street, Tariffville, (Assessors Map J04, Block 219, Lot 005A).Zone R 25
Chairman Ryan asked whether any members had any comments on the application. Chairman Ryan asked staff whether they had any comments. Mr. Glidden reviewed with the commission his staff report which outlined how the application met the dimensional requirements and a draft motion for approval.
MOTION: Mr. Doyle, seconded by Ms. Beinstein to approve Application #17-57 subject to the draft conditions of approval contained in the staff report from Mike Glidden dated January 8, 2018. Motion passed unanimously.
c. Application #17-58 of Nord Christensen, Agent; EAY Properties LLC, Owner; for a Site Plan Amendment for modifications to Meadow Asian Cuisine on the property located at 532 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 027). Zone B-2
Sheldon Crosby of L’ARC architects reviewed the proposed renovations to the Meadow Asian Cuisine at 532 Hopmeadow Street. He explained to the Commission that a larger expansion was previously approved by the Commission however the restaurateur elected to scale back the proposal. Mr. Crosby reported that the Design Review Board met earlier and gave a favorable recommendation on the application to Zoning.
Mr. Glidden indicated that the Commission had a staff report. He noted that the Commission would have to waive some of the requirements contained within the zoning regulations for site plan submission.
Commissioner Elliott clarified staff’s report that the waiver is the commission has survey data on file for the property which demonstrates compliance. Mr. Glidden agreed.
MOTION: Mr. Elliott , seconded by Mr. Campolieta to approve the site plan amendment for application 17-58 with the condition that full requirements for site plan submission be waived for the submission. The Motion passed unanimously.
VI. NEW BUSINESS:
1. Receipt of New Applications.
a. Application #18-01 of Richard Schoenhardt, Trustee, Agent; Simsbury Free Library, Owner; for a Site Plan Amendment for expansion of the stair cover for the Simsbury Free Library on the property located at 749 Hopmeadow Street (Assessor’s Map G10, Block 203, Lot 002). Zone SC-1.
Mr. Glidden reported that this application is being received tonight and that Design Review Board did not act on the application and requested that additional information be provided by the applicant in order for the Board to fully review the submission.
MOTION: Mr. Frank, seconded by Ms. Beinstein to table application 18-01 to the next regularly scheduled meeting for the Zoning Commission. The motion passed unanimously.
MOTION: Mr. Campolieta, seconded by Ms. Beinstein to amend the agenda and add Application 18-02 to receipt of new applications. The Motion passed unanimously.
b. Application #18-02 of Jason Levesque, Agent; Paul and Heidi McCann, Owners; for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for the addition of an accessory dwelling unit to the existing residence on the property located at 3 Caryn Lane, Weatogue (Assessor’s Map E19, Block 617, Lot 134). Zone R-40
MOTION: Mr. Campolieta, seconded by Mr. Doyle to set a public hearing for Application 18-02 for February 5, 2018. The Motion passed unanimously.
VII. GENERAL COMMISSION BUSINESS:
1. Correspondence.
VIII. ADJOURNMENT:
MOTION: Mr. Doyle, seconded by Mr. Campolieta, to adjourn at 8:25 PM. The motion was unanimously approved.
Submitted by
Michael Glidden CFM CZEO
Assistant Town Planner