Zoning Commission Minutes 02/04/2019

SIMSBURY ZONING COMMISSION

TOWN OF SIMSBURY

REGULAR MEETING MINUTES – Subject to Vote of Approval

Monday, February 4, 2019 at 7 P.M.

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, CT

PRESENT:             Bruce Elliott, Donna Beinstein, Kevin Gray, Jacqueline Battos, Gavin Schwarz (alternate), Joseph Campolieta (alternate)

ABSENT:               David Ryan, Thomas Frank

                ALSO PRESENT: Michael Glidden, CFM CZEO, Director of Planning and Community Development,                                              Robin Newton, CZEO, Assistant Town Planner

I.             CALL TO ORDER:

Chairman Gray called the meeting to order at 7:00 P.M.

II.            ROLL CALL:

1.            Appointment of Alternates: Chairman Gray appointed Mr. Schwarz to sit for Mr. Doyle and Mr. Campolieta to sit for Mr. Ryan.

III.           APPROVAL OF MINUTES: January 7, 2019 Regular meeting

Motion: Mr. Elliott made a motion to approve the regular meeting minutes from January 7, 2019 at 7:01 P.M. as is. Mr. Campolieta seconded the motion. Motion passed unanimously, 6-0.

Motion: A motion was made by Ms. Beinstein at 7:02 P.M. to add SL Simsbury to the Agenda under General Commission Business. Motion was seconded by Mr. Schwarz. Motion passed unanimously, 6-0.

IV.          PUBLIC HEARINGS:

1.            Application #19-01 of Powdermen Spirits Company, LLC; Frank Lucca, Principal/GM; Allen W. Hixon Family Trust, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a small craft distillery on the property located at 738 Hopmeadow Street (Assessor’s Map H10, Block 227, Lot 003). Zone SC-3. (public hearing must be closed by 03/11/2019)

Frank Lucca, 65 Copper Hill Road, presented the application and explained what the product would be, how the building will be used, how the production will take place, what it would look like on premises (explained the diagram illustrating the premises), how he would open the property to public for tours and tastings, and explained that he would have bonded areas on premises. Mr. Lucca stated that he is the process of redoing the diagram in CAD with dimensions for the state and he will submit the new diagram upon completion.

The Commission asked questions about production, target date of opening, hours, public areas vs. bonded areas, and logistics of how product would be moved within building.

Motion: At 7:09 P.M., Mr. Campolieta made a motion to close the public hearing for application #19-01. Ms. Battos seconded the motion. Motion passed unanimously, 6-0. 

2.            Application #19-02 of Anthony Piazza, Agent; 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 36 Drake Hill Road (Assessor’s Map H11, Block 226, Lot 001+1A). Zone R-40. (Public hearing must be closed by 03/11/2019)

Mr. Anthony Piazza, Superintendent of the Water Pollution Control Authority, presented application #19-02, seeking approval for the construction of a 35’x25’ storage building at 36 Drake Hill Road. He explained how they would construct the metal building and what would be stored in the building. No design has been picked out prior to approval of application. The building would be located within an existing berm.

Motion: Mr. Campolieta made a motion to close the public hearing at 7:12 P.M., motion was seconded by Ms. Beinstein. Motion passed unanimously, 6-0.

V.            OLD BUSINESS:

1.            Applications

a.            Application #19-01 of Powdermen Spirits Company, LLC; Frank Lucca, Principal/GM; Allen W. Hixon Family Trust, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a small craft distillery on the property located at 738 Hopmeadow Street (Assessor’s Map H10, Block 227, Lot 003). Zone SC-3. (public hearing must be closed by 03/11/2019) 

Motion: Ms. Battos made a motion at 7:13 P.M. to approve Application #19-01 of Powdermen Spirits Company, LLC; Frank Lucca, Principal/GM; Allen W. Hixon Family Trust, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a small craft distillery on the property located at 738 Hopmeadow Street.

Special Exception approval is subject to the following condition:

1.)           Administrative Zoning Permit is required for change in use.

Mr. Campolieta seconded the motion. Motion passed unanimously, 6-0.

VI.          NEW BUSINESS:

1.            Receipt of New Applications

a.            Application #19-02 of Anthony Piazza, Agent; 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 36 Drake Hill Road (Assessor’s Map H11, Block 226, Lot 001+1A). Zone R-40. (decision must be rendered within 65 days of closing public hearing)

Motion: A motion was made by Mr. Elliott at 7:15 P.M. to approve Application #19-02 of Anthony Piazza, Agent; 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 36 Drake Hill Road.

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

b.            Application #19-03 of Anthony Piazza, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the construction of a 25’x35’ storage building on the property located at 36 Drake Hill Road (Assessor’s Map H11, Block 226, Lot 001+1A). Zone R-40. (to be received 02/04/2019; decision must be rendered by 04/10/2019)

Motion: Ms. Battos made a motion at 7:16 P.M. to approve Application #19-03 of Anthony Piazza, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the construction of a 25’x35’ storage building on the property located at 36 Drake Hill Road. The Site Plan Amendment approval is subject to the following conditions:

1.            An administrative zoning permit and a building permit are required for the shed’s construction.

2.            An on-site pre-construction meeting is required prior to the start of site work with the Zoning Enforcement Officer and Floodplain Manager.

3.            No change in grade is permitted. Excess material from foundation excavation is to be removed from the site.

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

c.             Application #19-04 of Thomas M. and Melissa H. Gurney, Owners, for a Special Exception pursuant to Article Seven, Section C.1 of the Simsbury Zoning Regulations for a home occupation for a cottage food operation involving the baking and selling of sourdough bread at the property located at 18 Hampden Circle (Assessor’s Map F03, Block 302, Lot 426). Zone R-40OS. 

No action needed. Public Hearing scheduled for March 4, 2019

d.            Application #19-05 of Bill Ferrigno, Agent; Sunlight Construction, Inc., Owner; for a Site Plan Amendment to modify conditions of approval associated Zoning Commission Applications #15-27, #15-28, #15-29, #15-32, #15-33, and #15-34 for the Cambridge Crossing development on the northerly side of Hoskins Road on the property formerly known as 22 Hoskins Road, 42 Hoskins Road, and 54 Hoskins Road (shown as Assessor’s Map H05, Block 403, Lot 005). Zone WHOZ. (to be received 02/04/2019; decision must be rendered by 04/10/2019)

Bill Ferrigno, Agent; Sunlight Construction, Inc., Owner; presented the information for Application #19-05. Mr. Ferrigno discussed why he felt a Site Plan Amendment was necessary. Staff and Mr. Ferrigno discussed the option of putting up a large performance bond and keeping it in place until construction is complete. Mr. Ferrigno is looking to get people into the property and for people to see what the completed project would look like.

The Commission discussed safety concerns, completion timeline of phases, turnarounds and conditions that would need to be met per the Fire Marshal, as well as staff recommendations.

Motion: A motion was made at 7:27 P.M. by Ms. Beinstein to approve Application #19-05 as submitted, subject to the approval of the Fire Marshal. Motion was seconded by Mr. Campolieta. Motion passed unanimously, 6-0.

VII.         GENERAL COMMISSION BUSINESS:

1.            S.L. Simsbury

Attorney T.J. Donohue presented information on behalf of the Silverman Group on the S.L. Simsbury Property located at 200 Hopmeadow Road. Attorney Donohue discussed progress on site, site improvements that have been made under the advisement of staff, improvements that are planned, timeline for completion of phases, and timeline for certificates of occupancy.

Staff referenced an email from Mr. Henry Miga suggesting that barrier fencing is needed between residents and construction, active job sites, as well as the need to provide division for traffic flow. Staff also discussed the final as-built submission process, sidewalk plans, and how staff will work with the group and Town engineers to come up with right amount for the performance bond.

The Commission and staff discussed options for giving staff permission to sign off on certificates of occupancy prior to work being completed with performance bonds in place and how the bond amount would be decided.

Motion: A motion was made at 7:45 P.M. by Chairman Gray to give staff permission to sign off on Certificates of Occupancy for units labeled TH26 and TH25A with a performance bond in place prior to the signing off on those Certificates of Occupancy. Motion was seconded by Ms. Battos. Motion passed unanimously, 6-0.

2.            Request by Attorney Christopher J. Smith, Alter & Pearson, LLC, for clarification of Zone District designation on the Town Zone Map concerning real properties designated by the Assessor as:

a.            Assessor’s Map F17, Block 201, Lot 002C (a/k/a 171 Hopmeadow Street)

b.            Assessor’s Map F17, Block 201, Lot 002

Attorney Christopher J. Smith, Alter & Pearson, LLC spoke on behalf of Tom Evans regarding the request to clarify the Zone District designation of two lots. Attorney Smith noted that these two lots were included in a zone change in 1983 and they were not supposed to be. Staff and Attorney Smith have researched the minutes over the past few months, and staff stated they feel that the current designation is incorrect and was placed on the lots in error. There was no zone change map filed, as was required by the approval. Staff has reviewed all relevant minutes and projects that were submitted after the zone change showing the parcels as I-1.

Mr. Elliott expressed concern that the Commission should take some time to review the error presented before making any decision. Mr. Campolieta questioned whether staff was completely sure it was an administrative error. Ms. Newton answered that she was confident it was an error.

Motion: Ms. Battos made a motion at 7:58 P.M. to acknowledge the incorrect Zoning Designation for Lots known as Assessor’s Map F17, Block 201, Lot 002C & Assessor’s Map F17, Block 201, Lot 002 shown on the current zoning map as an RD (Residential Design District) and to request Staff to update the Zoning Map to accurately reflect the Zoning Designation of I-1 (Restricted Industrial). Mr. Campolieta seconded the motion. Motion passed, 5 in favor, 1 opposed (Mr. Elliott), 0 abstentions.

3.            Short Term Rentals Ordinance Discussion

Ms. Newton requested that the Commission discuss which major points they would like to be included in the ordinance for short term rentals. Items discussed included whether the rental needed to be owner-occupied, the age of renter, primary residence vs. secondary residence, parking requirements, differences between single family or multifamily, maximum occupancy based on bedrooms, conduct stipulations, whether events should be allowed on property, and maximum days of rental.

Staff clarified the benefits of creating an ordinance rather than changing the regulations and how ordinances can be enforced.

Mr. Elliott noted the importance of the Town attorney being a part of drafting the ordinance.

Staff said a draft will be created from the feedback given by the Commission.

4.            Correspondence

Mr. Glidden noted that the Connecticut Federation of Planning and Zoning Agencies Announcing its 71st Annual Conference, to be held at the Aqua Turf Country Club in Plantsville, CT on Thursday, March 28, 2019. Mr. Glidden advised that if anyone would like to attend, to let him know so staff can sign them up.

Mr. Glidden reminded the Commission of the upcoming training conference on March 23rd at Wesleyan University, and requested that any member of the Commission who would like to attend, email him in order to be registered.

VIII.        ADJOURNMENT:

Motion: At 7:45 P.M., Mr. Gray made a motion to adjourn the Zoning Commission meeting. Motion was seconded by Mr. Campolieta. Motion passed unanimously, 6-0.

Submitted by:

Kimberly Rathbun

Commission Clerk