Zoning Commission Minutes 03/18/2019
SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES – Subject to Vote of Approval
Monday, March 18, 2019 at 7 P.M.
Simsbury Town Hall – Main Meeting Room
933 Hopmeadow Street, Simsbury, CT
PRESENT: Bruce Elliott, Kevin Gray, Jacqueline Battos, Joseph Campolieta
ABSENT: Donna Beinstein, Thomas Frank, Gavin Schwarz, Dave Ryan, Michael Doyle
ALSO PRESENT: Michael Glidden, CFM CZEO, Director of Planning and Community Development,
Robin Newton, CZEO, Assistant Planner
I. CALL TO ORDER:
Chairman Gray called the meeting to order at 7:05 P.M.
II. ROLL CALL:
1. Appointment of Alternates:
Joe Campolieta appointed to sit for Dave Ryan (upon arrival at 7:30 P.M.)
Motion: At 7:05 P.M., Ms. Battos made a motion to amend the agenda to move discussion item VII General Commission Business, 1. to the top of the meeting. Mr. Gray seconded the motion. Motion passed unanimously, 3,0.
Chairman Gray requested a recess at 7:15 P.M. The Commission meeting reconvened at 7:30 P.M.
III. APPROVAL OF MINUTES: March 4, 2019 Regular meeting
Motion: Mr. Elliott made a motion to approve the regular meeting minutes from March 4, 2019 at 7:32 P.M. with the following changes:
Line 14, Mr. Ryan chaired the meeting, not Mr. Gray
Line 135, Date should be corrected to read “(to be received 3/04/19; decision must be rendered by 05/08/2019).”
Ms. Battos seconded the motion. Motion passed unanimously 4,0.
Motion: At 7:34 P.M., Ms. Battos made a motion to add to the agenda Application 19-16 of Fer Jansen, Agent; GPF-Drake Hill LLC, Owner; for a Site Plan Amendment for a temporary liquor permit for property located at 720 Hopmeadow Street. (Assessor’s Map G10, Block 227, Lot 001-2 to the Agenda.
Mr. Campolieta seconded the motion. Motion passed unanimously, 3,0.
IV. PUBLIC HEARINGS:
1. 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.
Loius N. George, Agent for BMG Properties, LLC, Owner presented application #19-09 for a Special Exception for a reduction of parking spaces from 31 to 27 parking spaces. Mr. George spoke of the history of this property, changes that have occurred over the years, and the need to satisfy the State of Connecticut’s safety requirements. Mr. George stated the State of Connecticut has approved this plan, with parallel parking spaces.
Mr. Glidden advised the Commission that the State of CT DOT approves of the change as it is safer and that the two considerations are the negotiations with the state and the introduction of an additional dwelling unit upstairs above the liquor store.
Motion: Ms. Battos made a motion to close the public hearing at 7:38 P.M. Mr. Elliott seconded the motion. Motion passed unanimously, 4,0.
V. OLD BUSINESS
1. Applications
a. Application #19-08 of Lisa W. Foley, Owner, for a Site Plan Amendment for the addition of batting cages on the property located at 1603 Hopmeadow Street (Assessor’s Map H02, Block 403, Lot 002B). Zone B-2
Barry Wilson, 245 Nod Road, Avon, CT, presented application #19-08 for a Site Plan Amendment in order to add batting cages on the property located at 1603 Hopmeadow Street. Mr. Wilson explained his plan to add a concrete path which will be carpeted, no additional lighting will be provided at this time.
Items discussed by the Commission with Mr. Wilson were distance between ice cream building and proposed batting cages, how large the enclosure will be, what materials will be used and shrubbery screening that will be installed in front of the batting cages. Mr. Wilson discussed the site improvements he intends to make. He also discussed the need for batting cages in the area. The Commission asked questions about when Mr. Wilson would like to have the batting cages completed, which Mr. Wilson answered by end of spring, early summer.
Mr. Glidden advised the Commission that Design Review Board gave a positive referral for this application with the condition of appropriate shrubbery screening and a berm added to the front of the green wooden fence.
Motion: Ms. Battos made a motion at 7:50 P.M. to approve application #19-08 of Lisa W. Foley, Owner, for Site Plan Amendment for the addition of batting cages on the property located at 1603 Hopmeadow Street (Assessor’s Map H02, Block 403, Lot 002B). Zone B-2 subject to the following conditions:
1. An administrative zoning permit is required for the change in use.
2. On site pre-construction meeting is required with the Zoning Enforcement Officer prior to the start of any site work.
3. A lighting plan for the batting cages was not provided to, or approved by the Commission, exterior lighting of the batting cages requires approval of the Zoning commission.
4. Development of the screening plan per Design Review Board to be approved by staff, no zoning permit to be issued until it is approved by the staff, landscaping plan approval by the Zoning Enforcement Officer.
Motion seconded by Mr. Campolieta. Motion passed unanimously, 4,0.
b. 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.
Motion: Mr. Elliot made a motion at 7:57 P.M. to approve 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 (decision must be rendered within 65 days of closing public hearing)
The Special Exception is subject to the following conditions:
1. A site plan amendment is required for change in use (second floor apartment above the retail store)
Motion seconded by Ms. Battos. Motion passed unanimously, 4,0.
c. 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. (decision must be rendered by 05/08/2019)
Mr. Glidden advised the Commission that he has been in contact with, has received revised drawings and is working with the applicant. The revisions may not result in expansion of signage. Mr. Glidden will advise if the application is withdrawn at the next meeting.
No action needed by the Commission at this time.
d. Application #19-11 of Clara Duperron, Agent; George Markatos, Owner; for a Site Plan Amendment for changes if use and Sign Permits for the proposed businesses Lighthouse Design and Claudia Carballo Photography on the property located at 10 Jim Gallagher Way (Assessor’s Map G10, Block 227, Lot 001A+RR). Zone SC-3. (decision must be rendered by 05/08/2019)
Clara Duperron, 557 Cherry Brook Road, Canton, Berenice Langou and Claudio Carballo presented Application #19-11 in which they would like to change the use of the property from a professional/medical office to a retail store on the lower level and a photography studio on the upper floor.
Mr. Glidden clarified that the space would be changed to combine the two professional/medical spaces to be used for the retail and photography shared spaces. The applicants also propose new signage which was reviewed and approved by Design Review Board, in which they will keep the same color scheme as existing signage on the building and have met the Center Code Design Standards for size for the free-standing sign. There will be one set of signs attached on the southern elevation on Jim Gallagher Way and another set on the rear elevation that faces the lots. If the sign is like for like for the free-standing sign, there will be no need to come back to Zoning Commission.
Motion: Mr. Campolieta made a motion at 8:03 P.M. to approve Application #19-11 of Clara Duperron, Agent; George Markatos, Owner; for a Site Plan Amendment for changes of use and Sign Permits for the proposed businesses Lighthouse Design and Claudia Carballo Photography on the property located at 10 Jim Gallagher Way.
Site Plan Amendment approval is subject to the following condition:
1. Administrative Zoning Permit is required for the change of use and signage.
Motion was seconded by Ms. Battos. Motion passed unanimously, 4,0.
VI. NEW BUSINESS
1. Receipt of New Applications
a. Application #19-12 of Barbara Foley and Kevin Dowd, The Ron Foley Foundation, Inc, Agents; Folly Farm Associates, Owner; for a Site Plan Amendment for a temporary liquor permit for a one-day event on the property located at 69 Hartford Road (Assessor’s Map G15, Block 110, Lot 012). Zone R-40. (to be received 03/18/2019; decision must be rendered by 05/22/2019)
Kevin Down, 51 Stoner Drive, West Hartford, a volunteer for the Ron Foley Foundation presented Application #19-12. Mr. Dowd discussed the history briefly of the fundraiser, the date of the event, beverages, food, raffles and fundraising amounts raised in the past which have been donated for pancreatic cancer research.
The Commission asked questions about the layout, vendors and the process of future events approval process.
Ms. Newton clarified the regulations regarding one-day liquor permits, how the process works and explained that it is only granted to charitable organizations.
Motion: Ms. Battos made a motion at 8:07 P.M. to approve Application #19-12 of Barbara Foley and Kevin Dowd, for a Site Plan Amendment in accordance with Article Ten, Section H.6 of the Simsbury Zoning Regulations to grant a temporary liquor permit associated with a charitable event, with the following conditions:
1. An administrative Zoning Compliance Review application is required.
Motion was seconded by Mr. Campolieta. Motion passed unanimously, 4,0.
b. Application #19-13 of Stephen Hennessey, Agent; E & A/I & G Simsbury Commons Limited Partnership, Ownerl for a Special Exception pursuant to Article Ten, Section H of the Simsbury Zoning Regulations for a café liquor permit at Apple Cinema on the property located at 502 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (to be received 03/18/2019; public hearing to be set for 04/01/2019)
No action needed by the Commission at this time. Public Hearing scheduled for next regular meeting April 1, 2019.
c. Application #19-14 of Eaglewood Hospitality Group, LLC, Agent; 1820 House, LLC, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a hotel liquor permit on the property located at 731 Hopmeadow Street (Assessor’s Map G10, Block 203, Lot 001C+D). Zone SC-1. (to be received 03/18/2019; public hearing to be set for 04/01/2019)
No Action needed by the Commission at this time. Public Hearing is scheduled for next regular meeting April 1, 2019.
d. Application #19-15 of Jeffrey Padua, Agent E & A/I & G Simsbury Commons Limited Partnership, Owner; for a sign permit for Apple Cinemas on the property located at 502 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. ( to be received 03/18/2019; decision must be rendered by 05/22/2019)
Mr. Glidden advised the Commission that this applicant met with Design Review Board earlier in the evening at their meeting and there is a staff report included from Ms. Newton in the packet regarding the withdrawal of the sign proposal labeled “D” because it would trigger an application to modify the unified sign plan, and it would be additional signage than what exists now. The application request is only for the sign labeled “C.” Mr. Glidden advised the Commission that Design Review Board gave a favorable review for the sign labeled “C” only.
Ms. Newton advised the Commission that design “D” was a significant change, so they would need to go before the Commission. Staff did give administrative permits for replacement of a wall sign and administrative sign offs for monument signs because they were like for like.
Mr. Gray asked how the signs were lit. Mr. Glidden advised the signs are halo lit.
Motion: Mr. Elliott made a motion at 8:13 P.M. to approve application #19-15 from E & A/I & G Simsbury Commons Limited Partnership, for installation at the entrance of the movie theatres at the address of 498-540 Bushy Hill Road. The approved signage is described as an “entrance mounted dimensional Halo led illuminated apple logo with dimensional “apple cinemas” led illuminated channel letters with halo” as presented in the attachment and identified as image c.
In addition, there needs to be an administrative approval before an installation takes place.
Ms. Battos seconded the motion. The motion passed unanimously, 4,0.
e. Application #19-16 of Ferg Jansen, Agent; GPF-Drake Hill LLC, Owner; for a Site Plan Amendment for a temporary liquor permit for property located at 720 Hopmeadow Street. (Assessor’s Map G10, Block 227, Lot 001-2).
Mr. Glidden advised the Commission that this application was filed Friday afternoon after the Agenda was filed, but the application was filed in a timely manner pursuant to state statues. The temporary liquor permit is requested for April 25, 2019 at their new location in the Cannon Building. Mr. Glidden advises the Commission that the applicant has had events such as this in the past without problems and staff is in support of approving the application.
Motion: Ms. Battos made a motion at 8:19 P.M. to approve application #19-16 of Ferg Jansen, for a Site Plan Amendment in accordance with Article Ten, Section H.6 of the Simsbury Zoning Regulations to grant a temporary liquor permit associated with a temporary event, with the following conditions:
1. An administrative Zoning Compliance Review application is required.
Motion seconded by Mr. Campolieta. Motion passed unanimously, 4,0.
VII. GENERAL COMMISSION BUSINESS:
1. Informal discussion regarding off-site signage: Dorset Crossing
At 7:06 P.M. Heather Lemeux, Manager for the Pointe at Dorset Crossing, located at 55 Dorset Crossing, Simsbury, was present to speak with the Commission regarding off-site signage. Ms. Lemeux is looking for temporary signage on Hopmeadow Street. Ms. Lemeux is looking for guidance from the Commission.
Mr. Glidden explained to the Commission that there is free standing sign at the entrance for Dorset Crossing Development, but there is no business specific signage. He noted that staff has met with Ms. Lemeux to discuss options and the only option for Ms. Lemeux is to amend the PAD and have additional signage. Ms. Lemeux is only here tonight as a preliminary meeting regarding her options and to get feedback from the Commission.
The Commission consensus was that they would prefer one larger directory sign as they felt it would be cleaner. The directory sign would be in replacement of the sign previously established. Informal discussion ended at 7:15 P.M.
2. Correspondence
a. Correspondence from Attorney T.J. Donohue concerning The Ridge at Talcott Mountain
Ms. Newton advised the Commission of correspondence between Attorney Donohue and staff explaining the site improvements that have been made to date. Ms. Newton discussed the bond previously discussed in a prior meeting and the staff recommendation for the Commission to accept the bond, staff may present to the Commission for approval of reductions to the bond, when deemed appropriate.
Attorney Donohue spoke on behalf of the applicant, stating they would be pleased if the Commission would accept the bond, as they are ready to have the first tenant move in April 1, 2019.
Motion: Mr. Campolieta made a motion at 8:21 P.M. that the Commission accept the bond, of the submitted estimate with final determination of the amount being made by the Town Engineer’s Office, for the issuance of Certificates of Zoning Compliance. In addition, as substantial progress is made on the site improvements, Staff should present to the Commission for approval of reductions to the bond, when deemed appropriate.
Ms. Battos seconded the motion. Motion passed unanimously, 4,0.
VIII. ADJOURNMENT:
Motion: Mr. Campolieta made a motion to adjourn the meeting at 8:22 P.M. Motion was seconded by Ms. Battos. Motion passed unanimously, 4-0.
Submitted by:
Kimberly Rathbun
Commission Clerk