Zoning Commission Minutes 02/01/2016
ZONING COMMISSION – REGULAR MEETING – 7:00 PM
MINUTES – SUBJECT TO VOTE OF APPROVAL
FEBRUARY 1, 2016
I. CALL TO ORDER
Commissioner Dave Ryan called the Regular Meeting for the Zoning Commission to order at 7:00 p.m. on Monday, February 1, 2016 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Mike Doyle, Kevin Gray, Donna Beinstein, Derek Peterson, Gerald Post and Jackie Battos. 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
1. Appointment of Alternates
None appointed
III. APPROVAL OF MINUTES of the January 4, 2016 Regular Meeting
Changes to the Minutes of Regular Meeting dated January 4, 2016 are as follows:
Page 2, Line 58: Remove the word “regulations”
Page 2, Line 87: Sentence should read: …judge threw out an action of this Commission.”
Page 5, Line 210: Change the time to 8:38 p.m., not 7:38 p.m.
The minutes were unanimously consented as submitted with changes.
IV. APPLICATIONS:
1. Public Hearings:
a. None at this time
2. Discussion and possible Action:
Commissioner Peterson moved to amend the agenda to discuss Applications #16-01 and #16-02 prior to Application #15-41. The motion was seconded by Commissioner Beinstein and was unanimously approved.
b. Application #16-01 of Stuart M. Horen, D.C., Applicant: Thomas Ryan, Simsbury Town Shops, LLC, Owner; for a sign permit for Ideal Weight Loss on the property located at 930 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 003). Zone SC-1. (received 02/01/2016; decision must be rendered by 04/06/2016)
Mr. Stuart Horen said that the Design Review Board approved both signs. He answered Commissioner Peterson’s question stating that the small “Ideal Protein” sign is the corporate logo established in 2004 and it is necessary to display.
Mr. Jamie Rabbitt said that DRB did unanimously approve the style, type and size of the signs. The “Ideal Weight Loss” sign is attached to the clapboards in keeping with the 200-year old style of the building.
b. Commissioner Post moved to approve Application #16-01 of Stuart M. Horen, D.C., Applicant; Thomas Ryan, Simsbury Town Shops, LLC, Owner; for a sign permit for Ideal Weight Loss on the property located at 930 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 003). Zone SC=1. (received 02/01/2016; decision must be rendered by 04/06/2016). The motion is subject to the five conditions listed in “Attachment A” of staff’s letter dated February 1, 2016 with the following corrections:
2. Dimensions for hanging sign will be 5 inches in height, 4 feet in length, and .75 inches thick.
3. Sign letters are not to exceed 2.75 inches in height and .5 inches in depth.
The motion was seconded by Commissioner Peterson and was unanimously approved.
c. Application #16-02 of The Ethel Walker School, Owner, for a site plan amendment for the replacement of the existing 75,000- gallon water storage tank with a new 75,000-gallon water storage tank on the property located at 267 Busy Hill Road (Assessor’s Map D15, Block 318, Lot 007). Zone R-40 (received 02/01/2016; decision must be rendered by 04/06/2016)
Mr. Glen Wilcox, Director of Facilities at Ethel Walker School, stated an error in text of the agenda. Ethel Walker School is replacing a 30,000-gallon underground water storage tank with an above- ground 75,000-gallon water storage tank. Mr. Wilcox added that the tank is 12-feet in height (a total of 16-feet in height with ladder and safety hatch) and 36-feet in diameter. The new tank will be located behind two rows of white pine trees to hide visibility. The existing 100,000-gallon water storage tank that is underground will remain. He added that the chain linked fence will be extended to encompass the new tank.
Mr. Jamie Rabbitt commented about photos in the exhibits and the conditions of approval.
c. Commissioner Peterson moved to approve Application #16-02 of the Ethel Walker School, Owner, for a site plan amendment for the replacement of the existing 30,000-gallon water storage tank with a new 75,000-gallon water storage tank on the property located at 267 Bushy Hill Road (Assessor’s Map D15, Block 318, Lot 007). R-40 (received 02/012016; decision must be rendered by 04/06/2016). The motion is subject to the conditions of approval listed in “Attachment A” of staff’s letter dated February 1, 2016. The motion was seconded by Commissioner Battos and was unanimously approved.
a. Application #15-41 of Richard E. Schoenhardt, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 7 Pasture Lane (Map B09, Block 419, Lot 003). Zone R-40. (received 12/21/2015; public hearing opened 01/04/2016; public hearing closed 01/04/2016; decision must be rendered by 03/09/2016).
Mr. Jamie Rabbitt stated that he spoke with the Town Attorney as requested by the Commission. The Town Attorney said that the Commission cannot limit the special permit to the current owner. The special permit is attached to the property.
Commissioner Ryan read Article 7, Section C: 10 Standards A-H that the Commission shall be guided by to determine if the application meets the criteria of a special exception.
Commissioner Post said that the neighbors don’t want to see this special exception in their neighborhood, which sites section B of the standards. He referenced the attached letters from a realtor and a neighbor stating that a rental unit will negatively impact the value of the properties in the neighborhood.
Commissioner Peterson said that the application doesn’t meet standards A, B and H. He added that the need is purely personal and not for the greater benefit of the neighborhood or town. As for the existing or future character of the neighborhood, Commissioner Peterson said that although existing character may not change, one can’t predict the future character based on the fact that the application stays with the land. In regards to standard H, he doesn’t believe the neighbors feel the property will be protected from detriment in the future under different ownership.
For the record, Commissioner Peterson said he has voted in opposition of this application three times.
Commissioner Ryan said according to the Town Attorney, approval of the application can include a condition to limit the number of bedrooms in the unit.
Commissioner Beinstein said she thinks the property owner has the right to use the property for rental purposes especially if the need is financial. As for the existing and future character of the neighborhood, she said there is no definitive proof that a renter in the house will destroy the character in the neighborhood...there aren’t any extra bedrooms or traffic. If the homeowner had three teenagers in the house, he would have three extra cars in the driveway and a lot of extra noise. A renter is going to be in the neighborhood for the sole purpose of being a resident. The use and character of the building are not going to change. Plus, the owner has to occupy the house and it is to his benefit to maintain the house.
Commissioner Gray agreed with Commissioner Beinstein. He said the applicant stated a need and there is no change in traffic. This situation is better than a pure rental, which does not guarantee the owner to live on the property. He added that the letter from the realtor is based on the house not being owner occupied.
Commissioner Ryan has the same feelings as Commissioners Gray and Beinstein. The owner has the right to rent the property if he needs to. He doesn’t see the character of the neighborhood affected in any significant way or traffic as a problem.
Commissioner Peterson said the Commission has to be careful when considering the economics of the owner. It’s dangerous to set a precedent that this application is approved because one person can’t afford to live in the house and therefore is creating an apartment dwelling. He added that there is nothing in the standards that mentions financial difficulties.
a. Commissioner Ryan move to approve Application #15-41 of Richard E. Schoenhardt, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 7 Pasture Lane (Map B09, Block 419, Lot 003). Zone R-40. (received 12/21/2015; public hearing opened 01/04/2016; public hearing closed 01/04/2016; decision must be rendered by 03/09/2016). The motion is subject to the conditions listed in “Attachment A” of staff’s letter dated February 1, 2016. The motion was seconded by Commissioner Beinstein. Commissioners Ryan, Beinstein and Gray voted in favor of the Application. Commissioners Battos, Peterson and Post voted against the Application. The motion failed and the application is denied.
V. GENERAL COMMISSIN BUSINESS
1. Discussion of New and Ongoing Projects
Mr. Jamie Rabbitt provided and update for the following:
• Garden Holmes broke ground about two weeks ago. Avon Water Company is bringing water to the site. Six building permits have been pulled. Town issued the last set of zoning compliance letters on Friday.
• Dorset Crossing is under construction.
• Hoskins Road is working to meet conditions of approval.
Commissioner Battos asked about the Garden Holmes project and how they are proceeding with the commercial building versus residential units. Mr. Rabbitt said there was no stipulation listed in the PAD. He added that in most instances, the market drives the conditions of what gets built first. In some instances you can implement residential and commercial building proportions as a condition of approval. The Commission discussed at length the pros and cons of implementing residential and commercial proportions in the PAD.
Mr. Glidden provided and update about Berkshire Bank. He said the owners are returning to discuss signage and landscaping proposals. Move in date is November 2016.
Commissioner Peterson asked about solar fields in town. Mr. Rabbitt said that is an endeavor going through public works for two areas municipally owned. Commissioner Post recommended the roof of the International Ice Skating Center as a perfect location for a solar farm.
a. Zoning Regulations revisions: Glenn Chalder, AICP, Planimetrics
Commissioner Beinstein raised a question to Mr. Chalder regarding drainage and re-grading. She referenced a project on the top of the mountain and the property owners down the hill had huge concerns. Mr. Chalder suggested adding text in the regulations that require engineering staff to review. Mr. Rabbitt said that the Commission can require design criteria for a 10, 50 and 100-year storm in a site plan submission.
Mr. Chalder said that the memo he distributed to the Commission provided the anticipated scope of work that includes an update set of regulations that will be as user-friendly in organization and text. He added that the four major sections of the regulations include:
a. Regulatory Basics – (ie. definitions)
b. Zones and Uses:
• Residential
• Business and non residential
• Use related standards – (ie. accessory apartments)
c. Standards:
• Parking
• Signage
• Earth removal
• Retaining walls
• landscaping
d. Procedures:
• These are procedures to be followed step by step
Mr. Rabbitt added that discussion with other boards where criteria overlaps the Zoning Commission regulations will be conducted on staff level.
Mr. Chalder said the project is running approximately a month back and he expects that the most of the work will be done between now and the end of June. The key is to get through the reorganization and get the issues on the table.
VI. ADJOURNMENT
Commissioner Ryan made a motion to adjourn the meeting at 8:27 p.m. The motion was seconded by Commissioner Battos and was unanimously approved.
Respectfully Submitted,
Irene Muench, Commissions Clerk