Zoning Commission Minutes 02/05/2018

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, February 05, 2017 at 7:00PM

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

PRESENT:             Dave Ryan, Donna Beinstein, Kevin Gray, Bruce Elliott, Michael Doyle,

                                Alternate Joseph Campolieta

ABSENT:               Gerald Post, Thomas Frank      

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 Gerald Post

III. APPROVAL OF MINUTES – January 08, 2018 REGULAR MEETING:

MOTION: Mr. Elliott, Mr. Doyle second, to approve minutes as submitted; Motion massed unanimously.

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. Attorney Donahue presented the commission with revised language for the proposed text amendment which was a result of the previous discussion with the Commission.

Commissioner Elliott stated that he supported the proposed text change and felt the language could be made broader.

Commissioner Beinstein felt that the proposal was still too site specific.

Jamie Rabbitt expressed his concerns of as-of-right approval for the use. He instructed the commission that members cannot state an opinion during public hearing process; they can only take in evidence. Lastly, he reminded the commission that an effective date needs to be set should the commission approve the proposed text amendment.

MOTION: Mr. Gray, Mr. Campolieta second, to close the public hearing. Motion passed unanimously at 7:10pm.

2. 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.

Jason Levesque presented the application to the Commission for an accessory dwelling unit at 3 Caryn Lane. Mr. Levesque provided updated plans which clarified the proposed set-up for the accessory dwelling unit as it relates to the home.

Commissioner Elliot questioned Mr. Levesque concerning means of egress for the proposed accessory dwelling unit. Mr. Levesque reviewed the plans with the Commission.

M. Glidden reviewed the staff report for the application with the Commission.

MOTION:  Mr. Gray, Mr. Doyle seconded the motion to close the public hearing. The motion passed unanimously at 7:20 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

Chair Ryan discussed the parameters of the request as it relates to the revised language of the text amendment.

Commissioner Elliott stated the acreage and size of the proposed amendment were a good solution.

Commissioner Beinstein voiced her concern on the scale of the activity verses the scale of the farm as proposed. She felt more general language was called for.

Commissioner Doyle stated he is not comfortable adopting a regulation which appears to be spot zoning.

Chair Ryan stated that more specific changes could be made to the regulations as the commission proceeds with the comprehensive regulations updates.

MOTION: Mr. Gray, seconded by Mr. Campolieta to approve application #17-56 with effective date of 02/19/2018. Motion passed unanimously.

b. 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. (decision must be rendered by 03/14/2018)

Richard Schoenhardt presented the application to the Commission. He explained the changes which are planned for the site.

Jamie Rabbitt reported that DRB gave a favorable recommendation subject to the condition that the paint of the stairway match the building’s color.

MOTION: Mr. Gray, seconded by Ms. Beinstein  to approve Application #18-01 waiving site plan requirement of Article 5 Section J 2 of the Zoning Regulations and that approval is subject to recommendations of Design Review Board. Motion passed unanimously.

c.  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. Elliott, seconded by Mr. Campolieta to approve the special exception subject to conditions of approval contained in the staff report from Michael Glidden. The Motion passed unanimously.

VI. NEW BUSINESS:

1.  Receipt of New Applications.

a.            Application #18-03 of Pattie Smith Jacobus, Agent; Loren (Andy) Andreo, Jr., Andreo Family Enterprises, Owner; for a Sign Permit for the replacement of the Simsbury Free Bike & CT Adaptive Cycling sign with new signage for Ironhorse Trikes & E-Bikes on the property located at 836 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001A-B). Zones SC-1, SC-3, and SC-4.

Ken Messier of Simsbury Free Bike presented the application for a sign replacement for the tenant location at 836 Hopmeadow Street.

MOTION: Mr. Gray, seconded by Ms. Beinstein to approve application 18-03 subject to the following conditions of approval:

                                                1. An administrative zoning permit is required for the sign.

                                                2   The sign is not be internally lit.

 The motion passed unanimously.

b.            Application #18-04 of Gerard G. Toner, Director of Culture, Parks & Recreation, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the construction of two basketball courts at the Simsbury Farms Recreation Complex on the property located at 100 Old Farms Road. Zone R-40

G. Toner, Director of Culture, Parks, and Recreation for the Town of Simsbury presented the application to the Commission. Mr. Toner discussed the history of the site and proposed construction.

MOTION: Mr. Doyle, seconded by Mr. Gray to approve Application 18-04 subject to the following conditions:

1. An administrative zoning permit is required for basketball court construction.

2. A pre-construction meeting is required with the Zoning Enforcement Officer prior to the start of site work.

3. The courts are not to be illuminated. Lighting of these courts will require approval from the Zoning Commission.

4. The Zoning Commission authorizes staff on behalf of them to approve minor modifications to the approved plans such as changes to grading and/or landscaping. Said requests for changes are to be made in writing and approved by Planning Department staff prior to implementation in the field.

 The Motion passed unanimously.

c.             Application #18-05 of Ronald Bomengen, PE, LEED AP, Agent; Simsbury Developers, LLC, Owner; for a Site Plan Amendment for entry signage at Aspen Green on the property located at 20 Hopmeadow Street (Assessor’s Map E18, Block 117, Lot 001-1B). Zone PAD.

Lindsay Cannavo of Fuss and O’Neill presented the application for a free standing sign for Aspen Green residential development.

Jamie Rabbitt informed the Commission of the recommendations from the Design Review Board:

1.            The applicant lower center of the site 6 inches

2.            Eliminate the ornamental grasses on the sides of the proposed sign.

MOTION: Ms. Beinstein, seconded by Mr. Gray to approve Application 18-05 subject to the following conditions:

1.               An administrative zoning permit is required for the sign. 

2.            Property line along Route 10 is be marked in the field prior to installation of free standing sign.

3.            The Zoning Commission authorizes staff on behalf of them to approve minor modifications to the approved plans such as changes to grading and/or landscaping. Said requests for changes are to be made in writing and approved by Planning Department staff prior to implementation in the field.

4.            The applicant lower center of the site 6 inches

5.            Eliminate the ornamental grasses on the sides of the proposed sign.

The motion passed unanimously.

d.            Application #18-06 of Landworks/Highcroft Phase II LLC, Owner, for a Site Plan Amendment for modifications including detached garages, relocation of Grill Area 4, conversion to a covered Grilling Pavilion, bicycle storage sheds, and detailing of handicap parking on the property located at 225 Powder Forest Drive (Parcel 5), also known as 100 Highcroft Place, 300 Highcroft Place, 400 Highcroft Place West, 500 Highcroft Place West, 600 Highcroft Place West, 700 Highcroft Place West, 800 Highcroft Place West, and 900 Highcroft Place West (Assessor’s Map F14, Block 203, Lot 005-5). Zone PAD.

Ron Janeczko of Landworks presented the application. He discussed the proposed changes.

Motion: Mr. Gray, seconded by Mr. Doyle to approve application #18-06 subject to following conditions:

1.            An administrative zoning permit is required for construction of garages, storage shed, and grilling pavilion.

2.            A pre-construction meeting is required with the Zoning Enforcement Officer prior to the start of site work.

3.            The Zoning Commission authorizes staff on behalf of them to approve minor modifications to the approved plans such as changes to grading and/or landscaping. Said requests for changes are to be made in writing and approved by Planning Department staff prior to implementation in the field.

4.            Approval subject to recommendations of Design Review Board.

The Motion passed unanimously.

e.            Application #18-07 of James A. Eder, Agent; Robert Patricelli, Folly Farms, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a Temporary Liquor Permit for a one day event on the property located at 75 Hartford Road (Assessor’s Map G15, Block 110, Lot 012). Zone R-40.

Motion: Mr. Gray, seconded by Ms. Beinstein, to set a public hearing for 03/05/2018. Motion passed unanimously.

f.             Application #18-08 of KC Jones, on behalf of Ensign Bickford Aerospace & Defense Company, Agent; Dyno Nobel, Inc., Owner; for a Special Exception pursuant to Article Seven, Section M, of the Town of Simsbury Zoning Regulations for the construction of concrete block blast deflector walls on the property located at 640 Hopmeadow Street (Assessor’s Map G11, Block 132, Lot 052). Zone I-2.

Motion: Mr. Doyle, seconded by Mr. Gray, to set a public hearing for 03/05/2018. Motion passed unanimously.

g.            Application #18-09  of Ana’s Kitchen, LLC, Agent; GPF-Drake Hill LLC, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a beer and wine liquor license on the property located at 712 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001-2). Zones SC-1 and SC-3.

Motion: Ms. Beinstein, seconded by Mr. Gray, to set a public hearing for 03/05/2018. Motion passed unanimously.

h.            Application #18-10 of Marc Lubetkin, Red Stone Horse & Carriage, LLC, Agent; The Simsbury Historical Society, Inc., Owner; for a Site Plan Amendment for a service business in the Simsbury Center providing horse and carriage rides for entertainment on the property located at 800 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001). Zones SC-1, SC-3 and SC-4. 

Jamie Rabbitt explained the status of compliance issues with the proposed application. The application will be on the agenda for the next meeting of the Zoning Commission.

Motion: Mr. Doyle, seconded by Mr. Gray, to table application 18-10 until the 03/05/2018 meeting. Motion passed unanimously.

VII. GENERAL COMMISSION BUSINESS:

1.            Correspondence.

2.            Re-appointments to Design Review Board

a.            Jennifer Murnane

b.            Anneliese Frank

Motion: Mr. Gray, Seconded by Mr. Campolieta, to reappoint Jennifer Murnane and Anneliese Frank to the Design Review Board. The motion passed unanimously.

Chair Ryan shared with the members of the Commission correspondence which related to items of the Zoning Regulations which he felt need attention. He suggested that a subcommittee be formed to look into these items and propose changes.

Commissioner Elliott, Beinstein, and Doyle volunteered to serve on the subcommittee. Chair Ryan asked that some recommendations be brought to the Commission in May on the subjects.

VIII. ADJOURNMENT:

MOTION:  Mr. Gray, seconded by Mr. Doyle, to adjourn at 8:30 PM. The motion was unanimously approved.

Submitted by

Michael Glidden CFM CZEO

Assistant Town Planner