Zoning Commission Minutes 03/07/2016
ZONING COMMISSION – REGULAR MEETING – 7:00 PM
MINUTES – SUBJECT TO VOTE OF APPROVAL
MARCH 7, 2016
I. CALL TO ORDER
Commissioner Derek Peterson called the Regular Meeting for the Zoning Commission to order at 7:03 p.m. on Monday, March 7, 2016 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Bruce Elliot, Donna Beinstein, Kevin Gray and Jackie Battos. Others in attendance included Jamie Rabbitt, Director of Planning and Community Development and Mike Glidden, Assistant Town Planner and other interested parties.
II. ROLL CALL
Appointment of Alternates
Commissioner Peterson appointed Commissioner Elliot for Commissioner Ryan.
III. RE-APPOINTMENT DESIGN REVIEW BOARD MEMEBERS
Jonathan Laschever, Anca Dragulski, Ronald Perry (terms expired 12/07/2015)
Commissioner Gray moved to approve the re-appointment of Jonathan Laschever, Anca Dragulski and Ronald Perry as regular members of the Design Review Board for two years effective December 7, 2015. The motion was seconded by Commissioner Battos and was unanimously approved.
IV. APPROVAL OF MINUTES of the February 1, 2016 Regular Meeting
Minutes were approved as submitted.
V. APPLICATIONS:
1. Public Hearings:
Application #16-04 of James A. Eder, Agent: Folly Farm Associates, 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. (received 03/07/2016; public hearing must be opened by 05/11/2016).
Ms. Barbara Folly, Founder and President of Ron Folly Foundation said she is requesting a temporary one-day liquor permit for the 8th Annual Run for the Roses pancreatic cancer fundraiser. The event is May 7, 2016 from 2:30 – 7:00 pm.
Mr. Robert Kalechman of 921 Hopmeadow Street is opposed to the temporary liquor permit. He said that alcohol has no place at the function and people can have alcohol at nearby establishments that pay for their liquor permits. He asked if the town or Folly Farm is liable in the event of a drunk driving accident. Mr. Kalechman added that he is in support of the function as a fundraiser for charity.
Ms. Folly responded to Mr. Kalechman’s comments stating that she has insurance and is covered accordingly for the event. Plan B restaurant is catering the event and they have insurance.
Mr. Kalechman questioned if the town is insulated from any claims that may occur from the event, such as property damage or a drunk driving accident.
Commissioner Gray moved to close the public hearing for Application #16-04 of James A. Eder, Agent: Folly Farm Associates, 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. (received 03/07/2016; public hearing must be opened by 05/11/2016). Commissioner Beinstein seconded the motion and it was unanimously approved.
Application #16-05 of Linda MacKay-Morgan, Owner, for a Special Exception pursuant to Article Seven, Section A.9, of the Town of Simsbury Zoning Regulations for the addition of an accessory dwelling unit to the residence on the property located at 16 Stafford Road (Assessor’s Map 117, Block 110, Lot 001B). Zone R-40. (received 03/07/2016; public hearing must be opened by 05/11/216)
Ms. Linda MacKay-Morgan said she is requesting the Special Exception because her 91-year old mother is moving into her house. She already received approval for a building permit to convert the basement into a bedroom with a bathroom. Ms. MacKay-Morgan said she would like to add a sink in the kitchen area for her mother to make coffee. The only appliances in the kitchen will include a coffee pot, mini refrigerator and sink. A stove will not be installed. Ms. MacKay–Morgan added that the walk-out basement doesn’t have path for her mother to access. Her mother will enter and exit through the main entrance. Ms. MacKay-Morgan stated that she provided two notarized documents to town staff indicating that she will remain at the residence.
Mr. Kenneth Pinion of 57 Westledge said that Ms. MacKay-Morgan’s situation is an example of what the special exception was designed for. However, he added that he strongly objects to any application pursuant to an accessory dwelling in the Town of Simsbury. The Commission needs address issues regarding adverse wording or regulations that are not in the interest of the town or tax payer. The regulation needs to be clearly defined and consistent with surrounding towns. Mr. Pinion said he filed an application on March 3, 2016 for such a change.
Ms. Linda Vickers of 14 Stafford Road said she was concerned the application was for an attachment to the house. She added that it is admirable the applicant will have a place for her mother to live.
The Commission requested staff to clarify the details of the application further because it may not qualify as an accessory dwelling. The public hearing will continue at the next meeting
2. Discussion and Possible Action:
Application #16-04 of James A. Eder, Agent: Folly Farm Associates, 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. (received 03/07/2016; public hearing must be opened by 05/11/2016).
Commissioner Battos said she is in favor of Application #16-04 because the fundraiser event is in its 8th year, the applicant has insurance and the event is under five hours.
Commissioner Elliot said there are important questions that were raised and he would feel more comfortable if he knew the answers. He added that he supported the proposal in the past and he would support it again.
Commissioner Peterson said he agrees with Commissioner Battos’ comments.
Commissioner Gray moved to approve Application #16-04 of James A. Eder, Agent: Folly Farm Associates, 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 May 7, 2016 from 2:30 pm – 7:00 pm on the property located at 75 Hartford Road (Assessor’s Map G15, Block 110, Lot 012). Zone R-40. Commissioner Beinstein seconded the motion and it was unanimously approved.
Application #16-05 of Linda MacKay-Morgan, Owner, for a Special Exception pursuant to Article Seven, Section A.9, of the Town of Simsbury Zoning Regulations for the addition of an accessory dwelling unit to the residence on the property located at 16 Stafford Road (Assessor’s Map 117, Block 110, Lot 001B). Zone R-40. (received 03/07/2016; public hearing must be opened by 05/11/216)
Commissioner Peterson said the public hearing will continue at the next meeting.
Application #16-03 of Bill Corrigan, Agent; E&A/I&G Simsbury Commons L.P., Owner; for the extension of a site plan amendment approval granted on 3/18/2013 for a period of 3 years for a temporary greenhouse on the property located at 498 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3 (received 03/07/2016; decision must be rendered by 05/11/216)
Commissioner Peterson said that the greenhouse is located in front of Stop & Shop’s parking lot.
Mr. Rabbitt said that the application did not mention the length of time. He questioned when does a temporary structure become permanent when it continues year after year? Mr. Rabbitt said that town staff recommends a one-year extension.
Commissioner Peterson said that Exhibit 4, 5 and 6 appear incorrect in regards to scale and location of structure.
Mr. Doug Smelcer, Stop & Shop Assistant Store Manager, said he wasn’t working at the store in years past. The pictures are probably old since it doesn’t match with last year’s location.
Mr. Rabbitt said that he has an aerial photo that shows the structure located in the travel lane. In addition, the aerial photo shows product outside the structure.
The Commission requested the applicant to speak with town staff and provide more details on the greenhouse dimensions, scale drawings, and placement of structure relative to parking and drive lanes. Commissioner Peterson said the application will be discussed at the next meeting.
Application #16-06 of Clyde Gindall, Agent; Steven Antonio, Antonio 5 LLC, Owner; for a Site Plan Amendment and Sign Permit for a unified sign plan on the property located at 1225-1231 Hopmeadow Street (Assessor’s Map 105, Block 403, Lot 019). Zone B-2. (received 03/07/216; decision must be rendered by 05/11/216)
Mr. Rabbitt said that this application was presented before DRB earlier that evening. There was potential for one revision to the application for an additional sign on Ely Lane. DRB also asked the applicant to prepare alternative elevations showing borders around the signage. Mr. Rabbitt said there is one potential regulatory interpretation of regulations the Antonio’s are asking staff to entertain. DRB tabled the application.
Ms. Lisa Antonio distributed a document with the definition of lot lines and frontage regulations. She said that the original signage on the building was 266 sq. feet. The new design reduced the signage to 177.54 sq feet. Ms. Antonio said frontage dimensions according to the definition of regulations are 183 sq. ft. (signage facing Hopmeadow Street and Ely Lane).
Mr. Rabbitt said he isn’t aware of a regulation where you can add the dimensions of signs facing different streets. However, it seems there has been a liberal interpretation of the regulations where the numbers have been added together on some properties such as Dorset Crossing.
Commissioner Peterson said that this topic will be discussed at the next meeting.
VI. GENERAL COMMISSION BUSINESS
Discussion of New and Ongoing Projects
Zoning Regulations revisions: General Discussion
Mr. Rabbitt discussed the status of the Zoning Regulations revisions. He mentioned that he asked for additional funds to look into the Plan of Conservation Development, Weatogue Zoning, Simsbury Center Code, and northern / southern commercial districts.
Mr. Rabbitt answered the question about Mrs. Coe’s correspondence. He said there are 63 outstanding enforcement actions. He can provide a quarterly report for status purposes to the Commission but cautions discussing items on the list since it could cause a conflict with procedures.
VI. ADJOURNMENT
Commissioner Peterson made a motion to adjourn the meeting at 8:25 p.m. The motion was seconded by Commissioner Beinstein and was unanimously approved.
Respectfully Submitted,
Irene Muench, Commissions Clerk