Zoning Commission Minutes 03/06/2017

Town of Simsbury Zoning Commission

Monday March 6, 2017 at 7:00pm

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, CT

Regular Meeting

Minutes Subject to Vote of Approval

1.            Call To Order:  The meeting was called to order at 7:02pm. 

2.            Roll Call:  Members present were:  Jackie Battos, Kevin Gray, Donna Beinstein, Acting Chair Derek Peterson, alternate Michael Doyle, and alternate Thomas Kyzivat.  Director of Planning and Community Development James Rabbitt and Assistant Town Planner Michael Glidden were also present.

•             Seating of Alternates:  Thomas Kyzivat was seated for absent member David Ryan.  Michael Doyle was seated for absent member Gerald Post. 

3.            Approval of Minutes – February 6, 2017 Regular Meeting:  The Zoning Commission approved the February 6, 2017 Regular Meeting Minutes as written. 

4.            Public Hearings:

a.            Application #17-01 of Robert Bylykbashi, Agent; Twenty-Two G.C., Owner, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a liquor permit at the restaurant on the property located at 836 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001A + 001B).  Zones SC-3 and SC-3.  (Public Hearing must be opened by 4/12/2017):  Kevin Gray read the application for the record.  Mr. Bylykbashi addressed the Commission.  The application was presented at the last meeting, but the appropriate signs had not been posted.  They have now been posted for the allotted time.  Mr. Bylykbashi gave Assistant Town Planner Michael Glidden the signed affidavit.  There was no public present to speak for or against the application.  The restaurant will have an outdoor area for outdoor dining in warm weather.  The premises will have a landscape buffer between the parking area and the private dining space.  Kevin Gray asked if the applicant has a liquor license already.  The applicant has a liquor license for his Farmington restaurant.  There is a requirement by the state to have a physical barrier between the area dedicated to the sale of alcohol and any private space not dedicated to the sale of alcohol.  Staff has recommended 4-foot planters as barriers, which can be tucked away during the winter months.  There is substantial parking at the facility considering the tenant mix.  Part of the building is also vacant at this time.  Kevin Gray moved to close the public hearing of application#17-01.  Thomas Kyzivat seconded.  The vote passed unanimously.

Michael Doyle moved to amend the agenda to take action on Application #17-01.  Donna Beinstein seconded.  The vote passed unanimously.

Kevin Gray moved to approve Application #17-01 of Robert Bylykbashi for a special exception, subject to the following conditions:  

•             For the purpose of liquor license, the premises is defined as interior dining space and outdoor patio area, which are illustrated on the floor plan titled “People’s Choice” prepared by EDM, Revision date 10/10/2016 (Exhibit 3 and 4)

•             A final landscape plan (plant material) for the area surrounding the outdoor dining shall be submitted to the Zoning Commission to be reviewed by staff (Simsbury’s Director of Planning and Community Development) to determine consistency with Simsbury’s Design Guidelines

Derek Peterson seconded.  The vote passed unanimously.

b.            Application #17-02 of Barbara Foley, Agent; Robert Patricelli, 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 79 Hartford Road (Assessor’s Map G15, Block 110, Lot 012).  Zone R-40 (Decision must be rendered within 65 days of closing public hearing).  Kevin Gray read the application for the record.  Ms. Foley was present to address the Commission.  There was no public present to speak for or against the application.   The event is their 9th annual fundraiser for cancer research.  The event is always on Kentucky Derby day.  James Rabbitt informed the Commission that the Board of Selectmen voted to waive the application fee for the event at their last meeting.  Mr. Rabbitt is still waiting for the signed affidavit from the applicant.  Mr. Rabbitt recommended the Commission keep the Public Hearing open until the next Regular Meeting on March 20, 2017 in order to receive the affidavit.  The Zoning Commission kept the Public Hearing open until their next Regular Meeting.

5.            Old Business:

a.            Application #17-01 of Robert Bylykbashi, Agent; Twenty-Two G.C., Owner, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a liquor permit at the restaurant on the property located at 836 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001A + 001B).  Zones SC-3 and SC-3.  (Public Hearing must be opened by 4/12/2017):  Application #17-01 was already addressed.

b.            Application #17-02 of Barbara Foley, Agent; Robert Patricelli, 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 79 Hartford Road (Assessor’s Map G15, Block 110, Lot 012).  Zone R-40 (Decision must be rendered within 65 days of closing public hearing).   The Public Hearing was kept open until the next Regular Meeting, March 20, 2017 at 7pm.

c.             Application #17-03 of LADA, P.C. Land Planners, Agent; Simsbury Cemetery Association, Inc., Owner, for a Site Plan Approval for the installation of a columbarium wall and pavilion on the property located at Plank Hill Road (Assessor’s Map G09, Block 203, Lot 044, spanning between Library Lane and Plank Hill Road behind and adjacent to the property located at 755 Hopmeadow Street). Zone R-40.  (Received 02/06/2017; decision must be rendered by 04/12/2017).  James Rabbitt received correspondence from the applicant requesting the application be tabled, as they are still working on the revisions to be submitted to the Town.  Kevin Gray moved to table Application #17-03 of LADA, P.C. Land Planners, Agent; Simsbury Cemetery Association, Inc., Owner, for a Site Plan Approval for the installation of a columbarium wall and pavilion on the property located at Plank Hill Road.  Donna Beinstein seconded. The vote passed unanimously.

6.            New Business:

a.            Application #17-04 of Bill Heiden, Business Manager, Agent; St. Mary’s Catholic Church Corporation Of, Owner; for a Site Plan Amendment for an extension (2 years) for the portable classroom building on the north side of the school on the property located at 946 Hopmeadow Street (Assessor’s Map H08, Block 227, Lot 002 and Assessor’s Map H09, Block 227, Lot 001).  (To be received 03/06/2017; decision must be rendered by 05/10/2017).  St. Mary’s did not put up the required information signage for the application before the Zoning Commission meeting.  They will post the proper signage and will be ready for the next Commission meeting.  Kevin Gray moved to table application #17-04  of Bill Heiden, Business Manager, Agent; St. Mary’s Catholic Church Corporation Of, Owner; for a Site Plan Amendment for an extension (2 years) for the portable classroom building on the north side of the school on the property located at 946 Hopmeadow Street until the March 20, 2017 Regular Meeting at 7pm.  Jackie Battos seconded.  The vote passed unanimously.

b.            Application #17-05 of Ernie Maggi, Stop ‘n Shop, Agent; Simsbury Commons North E A LLC. Owner; for a Site Plan Amendment for the placement of a temporary greenhouse on the property located at 498 Bushy Hill Road (Assessor’s Map B20, Block 508. Lot 001-B).  Zone B-3.  (To be received 03/06/2017; decision must be rendered by 05/10/2017):  Stop ‘n Shop previously had a 3-year application, however, last year the store extended its time the greenhouse was up until October.  Last year, the Commission reduced the application time because of the extension from 3 years to 1 year.  Mr. Maggi was present to answer questions.  Thomas Kyzivat asked if there were barriers from the cars.  Mr. Maggi confirmed that there are cement barriers and the access area has wooden saw horses across it.  Staff did not have last year’s comments and conditions available and suggested tabling the application until the next Regular Meeting.  Derek Peterson was inclined to get more specific dates and to have a discussion about extending the application back to 3 years.  Mr. Maggi assured the Commission that the company they deal with to set up and take down the temporary greenhouse is very good and reliable.  If they give them a specific date to take it down, it comes down on that date.  Jackie Battos moved to table Application #17-05 until the March 20 2017 Regular Meeting at 7pm.  Thomas Kyzivat seconded.  The vote passed unanimously.

Kevin Gray moved to amend the agenda for receipt of new application to include Application #17-06 for the Town of Simsbury.  Donna Beinstein seconded. The vote passed unanimously.

c.             Application #17-06 of Kevin Kowalski, Fire Marshal, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the installation of playground equipment at Rotary Park on the property located on the border of the Performing Arts Center property at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A) and the property adjacent to the southern boundary of the same (shown on the Assessor’s Map as Map H10, Block 226, Lot 002). Zones SC-3, SC-4, and R-40.:   James Rabbitt informed the Commission that for simplicity, Staff required the application go through the Conservation Commission and Inland Wetlands and Watercourse Agency first, which was meeting the next evening.  Commission member Michael Doyle let the Commission know that he is a Rotary member, however, he is just a member and not on the Board, so he did not see a conflict of interest.  Fire Marshal Kevin Kowalski was present to address the Commission.  The structure will be one piece and is a kick-off to the 75th Anniversary program.  The playscape will be inside the park fence line and not exceeding it.  The unit will be built with posts in the ground and panels attached to the outside.  The base will be rubber matting.  Wood chips were an option, but rubber matting was thought to be far superior.  The unit cost $21,000, the rubber matting will be an additional $10,000.  Jackie Battos moved to table Application #17-06 until the next Regular Meeting on March 20, 2017 at 7pm.  Kevin Gray seconded.  The vote passed unanimously.

7.            General Commission Business:

a.            Discussion of New and Ongoing Projects:

i.              Zoning Regulations revisions - General Discussion:  James Rabbitt reported Staff is continuing to program the data when time allows.  Given the workload and budget season, Staff hopes that in the next few weeks they will be able to dedicate more time to this.  Mr. Rabbitt discussed the proposed name changes with the Commission.  Derek Peterson commented that Glenn has been very helpful in the process and that he would like to make sure that there is an adequate budget to support Glenn finishing out his charge.  Mr. Rabbitt assured the Commission that funding has been allocated. 

ii.             WHOZ Moratorium – General Discussion:  James Rabbitt referred to potential modifications that were brought up at the last meeting.  Staff is working with Town Counsel.  The Commission felt the applicant should patiently wait, since the moratorium is in effect, unless there is a strict time restriction.  Mr. Rabbitt informed the Commission they would have to vote or make the recommendation to have Staff submit an application on the Commission’s behalf to modify the regs.  Applying for a change does not mean voting for a change, and it would allow people to come out in support or not support the proposed changes.  Kevin Gray moved to direct Staff to prepare an application to modify the WHOZ moratorium language as presented in the draft memo.  Donna Beinstein seconded.  The vote passed unanimously.  

b.            Executive Session: 

•             Litigation:  Richard E. Schoenhardt vs. Town of Simsbury Zoning Commission:  Thomas Kyzivat moved to go into Executive Session with Director of Planning and Community Development James Rabbitt and Assistant Town Planner Michael Glidden at 8:05pm.  Michael Doyle seconded.  The vote passed unanimously. 

Thomas Kyzivat moved to exit Executive Session at 8:50pm.  Michael Doyle seconded.  The vote passed unanimously.

Jackie Battos moved to table the discussion on Litigation.  Michael Doyle seconded.  The vote passed unanimously.

8.            Adjournment:  Michael Doyle moved to adjourn the meeting at 8:52pm.  Kevin Gray seconded.  The vote passed unanimously.

Recorded By:

Kimberly Cyr – Clerk

Simsbury Zoning Commission