Zoning Commission Minutes 03/05/2018
ZONING COMMISSION – REGULAR MEETING
MONDAY, MARCH 5, 2018
SIMSBURY TOWN OFFICES – 7:00 P.M.
933 HOPMEADOW STREET, SIMSBURY, CONNECTICUT
I. CALL TO ORDER – The meeting was called to order by Chairman Ryan at 7:03 pm.
II. ROLL CALL
Present: Regular Members: David Ryan, Donna Beinstein, Jackie Battos, Kevin Gray, Bruce Elliott; Alternate Member: Joseph Campolieta
Absent Michael Doyle (Regular Member), Thomas Frank (Alternate), Gavin Schwartz (Alternate)
Staff Present: James D. Rabbitt, Director of Planning and Community Development.
1. Appointment of Alternates: Mr. Campolieta was seated for Mr. Doyle.
III. APPROVAL OF MINUTES of the February 5, 2018, Regular Meeting
Discussion was held on the wording of lines 45 through 49. Mr. Elliott stated that the minutes do not reflect the cooperative nature of our relationship with staff. He stated that the wording should be modified in line 46 to read “he advised” versus “instructed” and that “members should not state” versus “cannot state.”
After some discussion, Mr. Ryan suggested that the Commission strike lines 45 through 49 from the minutes. Mr. Elliott had corrections to: Line 5 – 2018 versus 2017; Line 65 Elliott versus Elliot; Line 173 lower center of sign board 6 inches versus center of site; and Line 184 lower center of sign board versus lower center of site.
Mr. Elliott made a motion to approve the 2/5/2018 minutes as amended, seconded by Mr. Campolieta. Commission voted 6-0 in favor of the motion.
IV. PUBLIC HEARINGS
1. 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.
Barbara Foley explained that the purpose of the event is to raise funds to benefit the Ron Foley Foundation that supports pancreatic cancer research and give assistance to those afflicted with the disease. She also stated that it is their 10th year.
Mr. Elliott asked if the configuration (map) was the same as last year. Barbara Foley stated yes. Mrs. Battos ask if the servers were TIPS (Training for Intervention ProcedureS) trained. Barbara Foley stated yes.
Mr. Ryan asked for public comment: there was none.
Mr. Gray made a motion to close the Public Hearing, seconded by Mrs. Beinstein. Commission voted 6-0 in favor of the motion
2. 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.
KC Jones presented the proposed project, which is required as a change in interpretation by the Department of Defense regarding the containment of debris. Mr. Elliott asked if they could show the location of the walls. Ray Hunt showed the Commission the location of the proposed blast walls on a map. They also evaluated the effect on the flood plain. Mr. Gray asked if Mr. Hunt could orientate the Commission members. Mr. Ryan asked if it has been approved by Inland Wetlands: the response was yes. Mr. Elliott asked why know. The applicant stated that there has been a change in the interpretation of a 600-foot setback from a property line. Mr. Elliott asked them to explain how the 12-foot height is measured. It was stated from the ground.
Mr. Ryan asked for public comment: there was none.
Mr. Gray asked if there was anyone one the other side of the river. The answer was yes, but well over 600 feet.
Mr. Gray made a motion to close the Public Hearing, seconded by Mrs. Beinstein. Commission voted 6-0 in favor of the motion
3. 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.
Mr. Jeff Overman stated that he and his wife are the new owners of Peaberry’s and will be changing the name to Ana’s Kitchen. They want to augment their cuisine with beer and wine sales. No intention to be open past ten. They want to do things like open mic, paint and sip, light jazz, and brunches. Mr. Elliott asked about outdoor dining. They do intend to use the two tables outside. They want to expand beyond just coffee and sandwiches and expand the menu. Mr. Elliott asked if alcohol would be available at all times when they are open. The answer to the questions was yes.
Mr. Ryan asked for public comment: there was none.
Mr. Gray made a motion to close the Public Hearing, seconded by Mrs. Beinstein. Commission voted 6-0 in favor of the motion
V. OLD BUSINESS
1. Applications
a. 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.
Mr. Rabbitt referred the Commission to Exhibit 4 regarding a proposed draft motion. Mrs. Battos asked if we had to specify that the bartenders are TIPS certified. Mr. Rabbitt stated that he did not believe it is a catered event and overseen by state liquor control.
A motion was made by Mr. Gray to approve 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.
The Special Exception approval is subject to the following conditions:
1. Approval is for one day event to be held on Saturday, May 5, 2018.
2. The event start time is 2:30 pm.
3. The event end time is 7:00 pm.
The motion was seconded by Mrs. Battos and the Commission voted 6-0 in favor of the motion.
b. 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.
Mr. Rabbitt referred the Commission to Exhibit 8 regarding a proposed draft motion prepared by Michael Glidden, Simsbury’s Floodplain Manager.
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A motion was made by Mr. Gray to approve 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.
The Special Exception approval is subject to the following conditions:
1. An administrative Zoning Permit is required for the construction.
2. Limits of Sewer Easement are to be marked in the field by a licensed surveyor prior to the start of site work.
3. Applicant is required to coordinate with WPCA concerning inspections and/or supervision of work within sewer easement.
4. On-site pre-construction meeting with Zoning Enforcement Officer is required before start of site work.
5. No change in scope of approved work is permitted. Changes to the approved plans require approval from the Zoning Commission.
The motion was seconded by Mr. Campolieta and the Commission voted 6-0 in favor of the motion.
c. 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.
A motion was made by Mr. Elliott to approve 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.
The Special Exception approval is subject to the following conditions:
1. The premise is defined as existing interior space which houses business known as “Peaberry’s” and seasonal outdoor seating area (2 tables).
2. Establishment will close by 10:00 pm.
3. Entertainment (i.e. music) will not be amplified to outdoor seating area. Said entertainment will be heard outside of the interior for the establishment.
The motion was seconded by Mr. Gray and the Commission voted 6-0 in favor of the motion.
d. 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.
Mr. Rabbitt asked to clarify the items contained in his memo specific to the conditions of approval. Mr. Rabbitt read the draft conditions. Item #7 regarding signage was discussed. The applicant does intend to install 12 signs; however, he does not have the locations set yet. Mr. Rabbitt asked the Commission to determine that the taxi type sign is directional in nature and not considered an advertising sign.
Bruce Elliott asked that the applicant explain the proposed carriage service. Mr. Lubetkin stated that his partners on this carriage venture are Bill Selig and Mr. Neven. Their business would attempt to connect the businesses in downtown. People would be allowed to hop on and off. Mr. Lubetkin explained the route and the operation associated with the proposed carriage service. He stated that each carriage would have a driver and footman. The signs are just like CT Transit: they have the logo, website and phone number. Mrs. Battos had a question regarding feedback from the businesses in Town. Mr. Lubetkin has met with the First Selectman, Public Works, Farmington Valley Health and the number one questions he gets is what do we do with the poop. They have a bag for the poop under the horse. They have a signed lease from the Historical Society. Mr. Lubetkin stated that he intended to mount the signs on PVC posts and that the signs will only be out when they are operating. He also intends to provide services for weddings who want to go to the flower bridge. Mr. Gray asked about service to the site. Mr. Lubetkin stated that the route only plans for right-hand turns. Mrs. Beinstein mentioned the amount of traffic on weekends and how that would impact traffic. She also asked if the police are okay with service on Saturday. Mr. Lubetkin responded, yes ma’am. Mr. Rabbitt read a suggested revision to language for Condition #7. The final location of the 12 proposed taxi stand signs shall be reviewed and approved by the Director of Planning & Community Development, in consultation with the Town Engineer, Public Works Director and Chief of Police. Mrs. Battos asked if the service would operate during the Hartford Marathon, and what would they do. Mr. Lubetkin stated that they would not operate during large events, with the exception of Simsbury Celebrates and torch light parade. Bill Selig explained that the horses will be kept on his property in proper facilities. He expressed his opinion on the importance to business and tourism in the downtown. Mrs. Battos wanted to know what are we considering the routes. Mr. Rabbitt stated that you are evaluating a business on a specific site that then operates throughout the downtown; you are looking at a site plan amendment that would allow them to convert 3 parking spaces on the Historical Society site for carriage storage/operations.
A motion was made by Mr. Elliott to approve 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 personal service business in the Simsbury Center District to provide horse and carriage rides for entertainment on the property located at 800 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001).
Site Plan amendment is subject to the following conditions:
1. The proprietor shall be responsible for acquiring and maintaining any necessary state permits and/or licenses associated with the operation of a horse and carriage service on public roads/streets within the State of Connecticut.
2. The approval is for no more than four (4) horse-and-carriages.
3. The horse(s) are boarded offsite.
4. The carriage(s) are stored offsite.
5. Waste generated by the horse(s) is removed daily and not stored overnight.
6. The hours of operation shall not exceed:
a. Monday through Sunday 8:00 am – 10:00 pm
7. The final location of the 12 proposed carriage stand signs shall be reviewed and approved by the Director of Planning and Community Development in consultation with the Town Engineer, Public Works Director and Chief of Police.
The motion was seconded by Mr. Gray and the Commission voted 6-0 in favor of the motion.
VI. NEW BUSINESS
1. Receipt of New Applications
a. Application #18-11 of John Ineson, EDM, Agent; Jeffrey S. Hoffman, 16 Albany Turnpike LLC, Owner; for a Site Plan Amendment for air conditioning condenser enclosures at Berkshire Bank on the property located at 16 Albany Turnpike (Assessor’s Map A20, Block 503, Lot 001). Zone B-3.
Mr. Rabbitt explained that the Town’s Design Review Board did not meet tonight due to a lack of quorum. However ,during discussions with two members that were present, they did not have any issues with the proposed screening of the HVAC units at the bank. The Commission could table the application for two weeks. Mrs. Battos asked if this had any impact on the operations of the bank. John Ineson, Architect representing the Bank, stated that it did not affect operations, but requested that the application be acted on, if possible.
A motion to by Mr. Elliott to approve Application #18-11 of John Ineson, EDM, Agent; Jeffrey S. Hoffman, 16 Albany Turnpike LLC, Owner; for a Site Plan Amendment for air conditioning condenser enclosures at Berkshire Bank on the property located at 16 Albany Turnpike (Assessor’s Map A20, Block 503, Lot 001).
Site Plan amendment is subject to the following conditions:
1. The proposed screening of the HVAC units shall be installed prior to the issuance of a Final Certificate of Occupancy.
The motion was seconded by Mr. Gray and the Commission voted 6-0 in favor of the motion.
b. Application #18-12 of Bryan Doerr and Josehua Bodian, Up Top Barbershop, Agents; Nadir Lamaj, Owner; for a Special Exception pursuant to Article Ten, Section C.3.i, of the Town of Simsbury Zoning Regulations for an amendment to the unified sign plan for signage for Up Top Barbershop on the property located at 244 Farms Village Road (Assessor’s Map C10, Block 418, Lot 016). Zone B-3. A motion was made by Mr. Campolieta, seconded by Mr. Gray to schedule a Public Hearing for April 2, 2018. The Commission voted 6-0 in favor of the motion.
VII. GENERAL COMMISSION BUSINESS
1. Correspondence
2. Zoning Regulations – amendments
a. General – Mr. Rabbitt noted that the sub-committee met last week (March 1st) to discuss the list prepared by Chairman Ryan. Staff will update the Commission after next meeting of the sub-committee.
b. Flood management – Mr. Rabbitt discussed the Flood Management program and the proposed changes that are required to maintain membership in the program. Staff will submit an application for text amendments associated with the proposed changes and schedule public hearing for April 2, 2018.
VIII. ADJOURNMENT
Mr. Gray made a motion to adjourn, seconded by Mrs. Campolieta, all members voted in favor of the motion. Meeting was adjourned at 8:25 pm.