Zoning Commission Minutes 03/04/2019

SIMSBURY ZONING COMMISSION

TOWN OF SIMSBURY

REGULAR MEETING MINUTES – Subject to Vote of Approval

Monday, March 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, David Ryan, Michael Doyle

ABSENT:               Thomas Frank, Gavin Schwarz, Joseph Campolieta

                ALSO PRESENT: Michael Glidden, CFM CZEO, Director of Planning and Community Development                                              

CALL TO ORDER:

Chairman Gray called the meeting to order at 7:01 P.M.

I.             ROLL CALL:

1.            Appointment of Alternates: No need for appointment of alternates.

II.            APPROVAL OF MINUTES: February 4, 2019 Regular meeting

Motion: Mr. Elliott made a motion to approve the regular meeting minutes from February 4, 2019 at 7:02 P.M. as is. Mr. Gray seconded the motion. Motion passed 5-0-1 with Chairman Ryan abstaining.

III.           PUBLIC HEARINGS:

1.            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. (public hearing must be closed by 04/08/2019)

Mr. Thomas M. Gurney, 18 Hampden Circle, Simsbury, CT, presented Application #19-04. Mr. Gurney explained his plans of baking within his home for the purposes of selling his sourdough bread at farmer’s markets and to deliver to private customers’ homes. Mr. Gurney discussed plans to use local ingredients whenever possible. No additional traffic will occur, and no advertising signs will be present. Mr. Gurney will advertise his product on the internet to sell at farmer’s markets. He has no intentions of selling over the internet, as he prefers word-of-mouth advertising and face-to-face interactions.

Mr. Elliott questioned if Mr. Gurney will eventually open his own bakery. Mr. Gurney stated that his plan is to work out of his own home and to possibly employ his wife, as well, but that he is not looking to open a large, factory-scale bakery; he will keep his full-time day job.

Mr. Gray asked for clarification of storage areas. Mr. Gurney noted that there is a small pantry, which he intends to use as storage.

Mr. Glidden clarified the regulations, which state that all the activities must be performed within the primary structure.

Motion: At 7:14 P.M., Mr. Gray made a motion to close the public hearing for Application #19-04. Mr. Doyle seconded the motion. Motion passed unanimously, 6-0. 

2.            Application #19-06 of Michael Gacek, Agent; FF+W, LLC, Owner; for a Special Exception pursuant to Article Ten, Section C.3 (i) of the Simsbury Zoning Regulations for additional signage attached to the garden wall of building 90 for Wealth Preservation Partners, LLC, on the property located at 90 Hopmeadow Street (being shown on the Assessor’s Map as Map F18, Block 154, Lot 002 and Map E18, Block 154, Lot 003 A-B). Zone I-1. (public hearing must be closed by 04/08/2019)

Mr. Michael Gacek, 123 Johnnycake Mountain Road, Burlington, CT, presented the application requesting additional signage in front of his business location. Mr. Gacek explained the issue with customers arriving and looking for his building and being confused about where to go.

Mr. Ryan stated that he drove by the property and saw the issue with identifying the building.

Mr. Elliot asked how long the applicant had been at this property; Mr. Gacek answered twenty years.

Simsbury Fire Chief, Jim Baldis, 16 Deepwood Road, Simsbury stated that, in terms of Fire Service perspective, anything that aids in identifying and finding a business is helpful.

Mr. Glidden advised that the Design Review Board gave a favorable recommendation. They approved the size and color choices. Mr. Glidden also advised that the previous business had a sign in that location, but it was never formally approved, which is why Mr. Gacek was before the Zoning Commission.

Motion: Mr. Gray made a motion to close the public hearing at 7:20 P.M., motion was seconded by Mr. Doyle. Motion passed unanimously, 6-0.

IV.          OLD BUSINESS:

1.            Applications

a.            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. (decision must be rendered within 65 days of closing public hearing)

Motion: Mr. Doyle made a motion at 7:24 P.M., to approve 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. The Special Exception is subject to the conditions highlighted by Mr. Glidden (in staff report).

Ms. Battos seconded the motion. Motion passed unanimously, 6-0.

V.            NEW BUSINESS:

1.            Receipt of New Applications

a.            Application #19-06 of Michael Gacek, Agent; FF+W, LLC, Owner; for a Special Exception pursuant to Article Ten, Section C.3 (i) of the Simsbury Zoning Regulations for additional signage attached to the garden wall of building 90 for Wealth Preservation Partners, LLC, on the property located at 90 Hopmeadow Street (being shown on the Assessor’s Map as Map F18, Block 154, Lot 002 and Map E18, Block 154, Lot 003 A-B). Zone I-1. (decision must be rendered within 65 days of closing public hearing)

Motion: A motion was made by Mr. Elliott at 7:26 P.M. to approve Application #19-06 of Michael Gacek, Agent; FF+W, LLC, Owner; for a Special Exception for additional signage in the amount of a 7.52-square-foot wall sign, located on the garden wall, as shown on the provided site plan, with the following conditions:

1.            An administrative Zoning Compliance Review Application is required

2.            No changes can be made to size and location of the sign without resubmittal to the Zoning Commission.

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

b.            Application #19-07 of Kevin Kowalski, Agent; Simsbury Fire District, Owner; for a Site Plan Amendment for a temporary liquor permit in order to sell beer and wine at a public one-day event on the properties located at 251 Hopmeadow Street (being located immediately north of 241-245 Hopmeadow Street, shown on the Assessor’s Map as Map F16, Block 116, Lot 003B). Zone R-40. (to be received 03/04/2019; decision must be rendered by 05/08/2019)

Ms. Battos recused herself, as she is a member of the Ladies Auxiliary.

Simsbury Fire Chief, Jim Baldis, 16 Deepwood Road, Simsbury, CT represented the Simsbury Fire District, 251 Hopmeadow Street. Chief Baldis spoke about how Simsbury Volunteer Fire Company and Simsbury Fire District will be celebrating their 75th Anniversary this year by hosting a family style chicken barbecue at the drill grounds/tower and training fields located at 251 Hopmeadow Street on July 29, 2019 (on their 75th Anniversary). The fire department is looking to be able to provide beer and wine to the patrons.

Mr. Elliott asked if the Fire Department has ever filed for a one-day permit before. Chief Baldis answered, stating that they have had a beer garden during the carnival they hosted in years past. The Commission asked who does the training for the alcohol servers and Chief Baldis stated that the distributor does the training. The Fire Department will bring back old carnival games and entertainment for the public.

Chief Baldis advised the commission that it is meant to be a celebration, not a fundraiser. Tickets will go on sale late April to early May.

Motion: Ms. Beinstein made a motion at 7:16 P.M. to approve Application #19-07 of Kevin Kowalksi, Agent; Simsbury Fire District, Owner; for a Site Plan Amendment for a temporary liquor permit in order to sell beer and wine at a public one-day event on the properties located at 251 Hopmeadow Street (being located immediately north of 241-245 Hopmeadow Street, shown on the Assessor’s Map as Map F16, Block 116, Lot 003B). Zone R-40

Motion was seconded by Mr. Gray. Motion passed unanimously 5-0.

Ms. Battos returned to the meeting room.

c.             Application #19-08 of Lisa W. Foley, Owner, for a Site Plan Amendment on the property located at 1603 Hopmeadow Street (Assessor’s Map H02, Block 403, Lot 002B). Zone B-2 (to be received 32/04/2019; decision must be rendered by 05/08/2019)

Application #19-08 needs to be referred to the Town of Granby for their comment. Chairman Ryan requested that the Commission table this application until the next regular meeting.

Motion: A motion was made at 7:31 P.M. by Mr. Gray to table Application #19-08 until the next regular meeting. Motion was seconded by Mr. Doyle. Motion passed unanimously, 6-0.

d.            Application #19-09 of Louis N. George, Esq., Agent; BMG Properties, LLC, Owner; for a Special Exception pursuant to Article Ten, Section E.5, of the Simsbury Zoning Regulations for a reduction in the number of required parking spaces on the property located at 560-566 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 036). Zone B-1. (to be received 02/04/2019; public hearing to be set for 03/18/2019)

No action needed; advertised for next regular meeting.

e.            Application #19-10 of Matthew D. Wittmer, Phase Zero Design Architects, Agent; GPF-Drake Hill LLC, Owner; for a Sign Permit for Simsbury Chamber of Commerce on the Cannon Building on the property located at 720 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001-2). Zone SC-1. (to be received 03/04/2019; decision must be rendered by 05/08/2019)

Mr. Glidden advised the Commission that no action is necessary at this time. The Applicant went before Design Review Board this evening and the Board reviewed the application and gave feedback and recommendations for redesign, reducing signage (so that it would be like-to-like), therefore, no need for a sign permit would be necessary. It is possible the applicant may withdraw the application. Mr. Glidden suggested that the Commission table this application until the next regular meeting.

Mr. Elliot requested clarification of the light inside the awning, regarding internal lighting and following regulations. Mr. Glidden stated that the sign would no longer be lit internally. The awnings would be reworked.

Motion: At 7:35 P.M., Mr. Doyle made a motion to table Application #19-10 until the next regular meeting. Motion was seconded by Mr. Elliot. Motion passed unanimously, 6-0.

VI.          GENERAL COMMISSION BUSINESS:

1.            Informal discussion regarding off-site signage: Dorset Crossing

Petitioner unavailable today for preliminary discussion (apartments at Eastpointe, second sign needs Special Exception).

2.            Short-Term Rentals Ordinance Discussion

Chairman Ryan discussed why the Commission is going with an ordinance instead of Zoning regulations.

Mr. Glidden advised the Commission on the progress that has been made drafting an ordinance with the Town attorney. One outstanding item is “what defines a short-term rental?” Mr. Glidden advised that short-term rentals should be less than thirty days, due to issues that arise with the Fair Housing Act after thirty days.

Other topics discussed were whether the property needs to be owner occupied, narrowing down the terms, ideas on how to limit the amount of licenses being issued to rent short term, ensuring there is adequate parking for all vehicles, the impact short-term rentals will have on commercial hotels, and the requirement to own the property more than a certain amount of time prior to short-term rental applications being accepted.

Mr. Glidden advised the Commission that this will be on the April Agenda and he will get more information from the Town attorney for that meeting.

3.            Correspondence

4.            Regulations Update

Mr. Glidden stated that regulation updates will be further looked at during one of the April meetings. Definitions and Regulations, which will be illustrated by Glenn Chalder, may be available by April for the Commission to review. Areas that will be discussed include: Regulation updates, PAD updates, Simsbury Center Zone, The Hartford-Simsbury Form Based Code, and others. Mr. Glidden is waiting for input from the Town attorney before presenting to the Commission. Mr. Glidden asked what the Commission sees as the most important priority and they answered the PAD Zone is most important, followed by the Simsbury Center Zone, then The Hartford-Simsbury Form Based Code. More information will follow at the April meeting, with the possibility of forming a subcommittee for The Hartford Regs to discuss how to further address these issues. Mr. Gray suggested that, after the above issues are addressed, the Commission look at creating Tariffville codes/regulations.

VII.         ADJOURNMENT:

Motion: At 8:00 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